[HISTORY: Adopted by the Board of Trustees of the Village
of Laurel Hollow 11-12-2015 by L.L. No. 7-2015. Amendments noted where applicable.]
The Village has received a number of requests in recent years
to use public and private areas of the Village for purposes of commercial
filming. The Board of Trustees hereby finds that it is in the public
interest to require a permit for such use, to establish the standards
that will govern applications for these permits and to minimize the
impact of such activity on the residential community.
As used herein, the following terms shall have the meanings
indicated:
The Board of Trustees of the Incorporated Village of Laurel
Hollow
The recording on film, or on any other electronic or photographic
material or substance, of any image or sound where such recording
shall be used for a commercial purpose. This includes on-site preparation
for all activity associated with the filming, as well as on-site restoration
and cleanup. Such commercial purposes shall include but not be limited
to the making of motion pictures, music videos, television programs,
advertisements, commercials, and still photography. Specifically excluded
from the provisions of this definition are any activity undertaken
by a bona fide news organization which enters into the Village to
cover contemporaneous news stories; wedding and other similar types
of photography undertaken by a commercial photographer; any activity
undertaken by a real estate agent in connection with the proposed
sale of a property; and films and/or videos recorded by a student
in the fulfillment of educational requirements, provided that such
works will not be used for a commercial purpose.
The Incorporated Village of Laurel Hollow
No person, firm, association, corporation, or enterprise shall
commence commercial filming anywhere in the Village unless a permit
therefor has been first issued by the Board.
A.
An application for a filming permit shall be made on forms provided
by the Village Clerk and shall contain at least the following information:
(1)
Name, address and telephone number of the person or entity making
the film.
(2)
Name, address and telephone number of the location coordinator or
other contact person.
(3)
Purpose of the filming.
(4)
Specific location of each property to be used in the filming.
(5)
Dates and times of the day that the property will be used.
(6)
Name and address of the property owner.
(7)
Consent of the owner of the property.
(8)
Such other information as may be required by the Board.
B.
The Board may grant, deny or grant the permit with restrictions and/or
conditions.
C.
The Board may deny an application for a filming permit if it determines,
in writing, that the proposed filming will create a dangerous condition,
interfere with the use of the Village streets or public places, create
a nuisance to the Village residents or violate any provisions of the
Village Code.
Any change in the planned activities for which the permit has
been requested or obtained shall be submitted by the applicant in
advance of the proposed changes, and shall be approved or denied in
the same manner as the original application.
A.
The Board may deny any application for a commercial filming permit
that does not comply with the purpose and intent of this chapter or
if the public interest would be served by such denial. The Board may
also deny any application for such permit when, in the judgment of
the Board, such permit would conflict with other scheduled events
in the area of the filming location; would be detrimental to the community
because of anticipated excessive noise, illumination or other effect
caused by the proposed filming, including but not limited to the use
of explosives; or would unduly interfere for an extended period of
time with the day-to-day activities of the surrounding residents.
B.
Every permit shall contain a date of commencement and an expiration
date and shall specify the specific hours during which any permit
activity shall occur.
C.
At no time shall any filming or use of any equipment therefor be
allowed between the hours of 10:00 p.m. and 8:00 a.m.
D.
At no time shall any filming or use of any equipment therefor be
allowed on Sundays or legal holidays.
E.
No filming activity shall intrude upon or interfere with the privacy
or property of any property owner unless a written consent shall have
prior been obtained from said property owner.
F.
There shall be no rerouting of traffic in connection with any filming
activity except as specifically authorized and approved in advance
by the Mayor and the Chief of Police.
G.
The filming activity shall be conducted so as not to interfere with
access to fire stations and fire hydrants. Equipment, materials or
obstructions shall not be placed within 50 feet of fire hydrants.
H.
The Board may place such other further reasonable limitations on
the permit as in its opinion are warranted under the circumstances.
I.
The permit shall only apply to one property.
J.
Notice requirements.
(1)
For property located on a public road, the applicant shall notify
in writing all abutting property owners of the proposed filming at
least three days before the earlier of the first set-up date or the
day filming begins. Abutting land shall include land across the street
from the property.
(2)
For property located on a private road, the applicant shall notify
in writing all property owners on the private road of the intent to
film on the property, and must secure a written approval authorizing
the filming from either the road association and/or homeowners'
association or all of the property owners on that road. This authorization
must be filed along with the permit application prior to any permit
being issued by the Board. After the permit is issued, the applicant
shall notify in writing all property owners on the road of the filming
at least three days before the earlier of the first set-up date or
the day filming begins.
(3)
For filming on a roadway, the applicant shall notify in writing all
property owners whose land abuts that portion of the roadway where
the filming is being done at least three days before the earlier of
the first set-up date or the day filming begins.
The fee for a filming permit shall be as established and modified
by resolution of the Board, which fee shall be paid in cash or check
three business days prior to the issuance of the permit. The fee,
however, may be waived in connection with the filming done for a charitable,
public service, or other similar not-for-profit purpose.
The applicant shall pay the actual cost for the incidental use
of any Village personnel, services or equipment in connection with
the filming.
A.
No permit shall be issued unless the applicant shall have first filed
with the Village Clerk a certificate of insurance in a form and in
an amount acceptable to the Village Attorney evidencing comprehensive
liability and property damage insurance coverage but in no event shall
such insurance be less than $10,000,000 per occurrence. The Incorporated
Village of Laurel Hollow, its officers, agents, and employees shall
be a named insured and certificate holder on all such policies, thereby
providing defense and indemnity from and against any claim, loss or
damage resulting from any activity for which the permit was issued.
Such indemnity shall not be limited by enumeration of any insurance
coverage herein provided.
B.
The applicant and/or permit holder shall deposit with the Village
Clerk a cash bond or letter of credit, in a form acceptable to the
Village Attorney, in an amount to be determined by the Village to
guarantee the reconstruction or restoration of any public or private
property damaged as a result of any activity undertaken pursuant to
the permit.
A.
The Board may suspend or revoke a filming permit issued for any of
the following reasons:
B.
A decision of the Board to suspend or revoke a permit shall be appealable
pursuant to Article 78 of the New York Civil Practice Law and Rules.
Such proceeding must be commenced within 30 days of the filing of
the decision being appealed in the office of the Village Clerk.
C.
In the event that a permit is suspended or revoked, the fees paid
therefor shall be forfeited and shall not be refunded to the applicant.
A.
Any person, firm or corporation who or which shall violate or fail,
neglect or refuse to comply with any provision of this chapter or
any rule or determination made thereunder, or who shall undertake
filming without a permit therefor, shall, upon conviction thereof,
be punished by a fine of not more than $1,500 or by imprisonment for
not more than 15 days, or by both such fine and imprisonment. Each
day that a violation continues shall be deemed a separate violation.
B.
In addition to the penalties set forth hereinabove, the Village may
enforce any provision of this chapter by injunction or by civil action
to recover a civil penalty in an amount not to exceed $1,500 for each
violation.
