[HISTORY: Adopted by the Board of Trustees of the Village of Greenport 6-25-2015 by L.L. No. 4-2015. Amendments noted where applicable.]
The Village Board of the Village of Greenport recognizes that the Village's natural beauty, historical sites and waterfront settings are attractive to individuals, organizations, corporations, groups, and other entities involved in the businesses of still photography and filming for motion pictures, television and other media. Because such activities may create a threat to public safety, health or welfare due to the time, location or duration of the filming or may unduly interfere with vehicular and or pedestrian traffic, the Village desires to regulate such activities through the issuance of permits. The purpose of this chapter is to set forth the procedure governing such permit process.
General. A permit issued pursuant to this chapter is required prior to any person or entity engaging in the activity of filming, photographing, transmitting, creating a digital or electronic media, or other recording of a commercial, movie, documentary, television program, catalog or magazine layout or any other presentation on any street or public property in the Village. The permit shall be issued by the Village Clerk upon approval by the Board of Trustees as provided in this chapter.
Exemption. A permit pursuant to this chapter shall not be required if three or fewer individuals constitute the entire cast and crew engaged in one of the activities described in Subsection A above, for filming intended for the exclusive use of the owner and his or her immediate family or for filming by the news media. Persons making a charitable film or student film shall be obligated to obtain a film permit but shall be exempt from the payment of a permit fee.
As used in this chapter, the following terms shall have the meanings indicated:
- CHARITABLE FILMS
- Filming produced by a not-for-profit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes, or photos.
- The activity of filming, photographing, or recording on film, video, electronic or other media, for transmission or commercial use, a movie, motion picture, film, commercials, television program, documentary, catalog or magazine layout, show, performance, athletic or sports event or other similar events or activities. Filming shall include the use of public property for persons, equipment, vehicles, props, cameras and any other items or materials used in connection with such filming, photographing or recording.
- NEWS MEDIA
- The photographing, filming or videotaping for the purpose of a television news broadcast or reporting for the print or electronic media by reporters, photographers or cameramen.
- PRODUCTION COMPANY
- The individual or entity that is issued a permit to engage in filming on Village-owned property or facilities.
- STUDENT FILMS
- Filming produced pursuant to the curriculum of an educational institution chartered by the State of New York. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes, photos or other media created.
- VILLAGE OF GREENPORT FILM PERMIT
- Written authorization to engage in filming on Village-owned property or facilities.
- VILLAGE OF GREENPORT FILM PERMIT APPLICATION
- A paper or electronic form to be used to apply for permission to engage in filming on Village-owned property or facilities.
An application for a film permit shall be made in person or online on an application provided by the Village Clerk and shall contain at least the following information:
Name, address and telephone number of the person or entity doing the filming.
Name, address and telephone number of the location coordinator or other contact person.
Purpose of the filming.
Specific location of each property to be used in the filming.
Dates and times of the day that the property will be used.
A general statement of the character or nature of the proposed filming activity.
The name, address, telephone number and e-mail address of the production company or person conducting the activity.
The exact number and description of the personnel to be involved.
Use of any animals or pyrotechnics.
The exact number and type of the vehicles and equipment to be used.
If a student film, a letter with an original signature and seal from the school involved verifying that the filming is being done pursuant to the curriculum of an educational institution chartered by the State of New York.
If a charitable film, proof of the organization's Section 501(c)(3) status.
Such other information as may be required by the Board of Trustees.
Submission to the Village Clerk. The following materials shall be submitted to the Village Clerk by the applicant at least 15 days prior to the proposed date of the filming:
The Board of Trustees of the Village of Greenport will review a film permit application and may grant, deny, or grant with restrictions or conditions a permit and may, in its discretion, require a public hearing on the application for a permit. In the event that a public hearing is required, all property owners within 500 feet of the property on which the filming is to take place shall be notified of the public hearing, by the Village at the cost of the applicant, by certified mail, return receipt requested. The Board of Trustees may deny an application for a filming permit if it determines that the filming will create a dangerous condition, unreasonably interfere with the use of the Village streets or public places, or create a nuisance to Village residents. The Board of Trustees may, in its sole discretion, require additional monies to be paid as a fee or deposit based on factors involved in a particular application, including but not limited to the size and times of the production and the expected impacts on the Village and the public.
Every permit shall contain a date of commencement and a date of expiration as well as the specific hours during which filming may occur. The Village Clerk or the Village Administrator may administratively extend the expiration date of a permit during its term by up to 10 days without further action by the Board of Trustees, subject to reasonable requirements, including but not limited to additional deposits, that may be set as a condition of the extension if granted.
The Board of Trustees may place reasonable limitations on the hours and operation of filming based on the conditions of a particular neighborhood or the existence of conflicting scheduled events.
Such other restrictions as the Board of Trustees may, in its sole discretion, deem are appropriate for the application and filming.
Fee. The fee for a filming permit (for a period of three days or less) shall be a nonrefundable fee of $500 or such other fee as may be set by the Board of Trustees, payable in cash or check at the time of submission of the Village of Greenport film permit application.
Clean-up deposit. A deposit of $250 for each day of the filming shall be paid to the Village at the time of the payment of the permit fee for a clean-up deposit. The clean-up deposit shall be payable to the Village of Greenport and shall be used to reimburse the Village for any expenses incurred by the Village with regard to the filming, including but not limited to clean-up, and the amount of the clean-up deposit may be increased by the Board of Trustees for a particular application.
Traffic and pedestrian supervision deposit. A deposit of $250 for each day of the filming shall be paid to the Village at the time of the payment of the permit fee for a traffic and pedestrian supervision deposit, and the amount required for a traffic and pedestrian supervision deposit may be increased by the Board of Trustees for a particular application.
Administrative and incidental cost deposit. The Board of Trustees may require an administrative and incidental cost deposit in an amount to be set by the Board of Trustees for expected administrative and incidental costs incurred by a particular application.
The Board of Trustees may, in its sole discretion, lower, raise, or waive any of the fees or deposits set forth in this chapter with regard to a particular application.
Any portion of a deposit required by the section or the Village that is not applied to expenses actually incurred by the Village shall be refunded to the applicant. The applicant shall be responsible to the Village for any expenses that are actually incurred that are not covered by the deposits required by this section or the Village.
No filming permit shall be issued by the Village Clerk until the applicant has filed with the Village Clerk a certificate or policy of general liability insurance, naming the Village of Greenport as additional insured, and including personal injury and property damage in the amount of not less than $1,000,000 per occurrence for the duration of the filming or until the applicant has filed with the Village Clerk an indemnification form provided by the Village which shall indemnify the Village from any claim, loss, damage or other liability resulting from the actions of the applicant or the filming for which the filming permit is issued.
Applicants seeking to make a student film may provide a certificate of insurance issued on behalf of their educational institution.
The Board of Trustees may set different or additional requirements for a particular application.
The Village Clerk or Village Administrator by administrative action or the Board of Trustees may suspend or revoke a filming permit that has been issued by the Village for any of the following reasons:
In the event that a filming permit is suspended or revoked, the fees paid therefor shall be forfeited and shall not be refunded to the applicant.
Any person or entity who or which violates or fails to comply with any provision of this chapter or any determination made hereunder, or who shall undertake filming without a permit therefor, shall, upon conviction thereof, be subject to a fine of not more than $10,000 per offense of this chapter, and each and every day that a violation of this chapter exists shall constitute a single and separate violation of this chapter.
The Village may seek injunctive or other court-ordered relief, and the election by the Village to seek court-ordered relief shall not be exclusive of the other remedies available to the Village herein.