[HISTORY: Adopted by the Board of Trustees of the Village
of Suffern 9-12-2016 by L.L. No.
9-2016[1]; amended in its entirety 7-10-2017 by L.L. No. 4-2017. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Advertising materials — See Ch. 65.
Noise — See Ch. 175.
Vehicles and traffic — See Ch. 254.
[1]
Editor's Note: This local law was adopted as Ch. 76 but was
renumbered to fit into the alphabetical organization of the Code.
The Board of Trustees of the Village of Suffern wishes to create
an atmosphere where the Village serves as a destination place for
TV and movie production while also recognizing that some disruption
of the peace and tranquility of the Village can result from these
activities. For this reason, the Board of Trustees declares that it
is necessary to regulate and control commercial filming in the Village
both on public as well as private property.
As used in this chapter, the following terms shall have the
meanings indicated:
The taking of still or motion pictures, either on film, videotape
or similar recording medium, for commercial or educational purposes
intended for viewing on television or in theaters or for institutional
use. Filming shall include setup and breakdown time.
An owner of property or an applicant for a permit under this
chapter.
All other areas within the Village of Suffern, including
areas zoned for residential as well as business use.
Any and every public building, street, highway, sidewalk
or square, public park or playground or other public place within
the jurisdiction and control of the Village.
A.
No person shall film or permit filming within the Village of Suffern
without first obtaining a permit therefor from the Village Clerk,
which permit shall set forth the location of such filming; the date
or dates when filming shall take place; and such other information
as may be required by the Village Clerk. Notwithstanding the foregoing,
any filming which is scheduled to last more than two consecutive days
or shall require the closing of a public street shall require the
additional approval of the Board of Trustees.
B.
Applications for permits shall be obtained from the Village Clerk
during normal business hours. Applications for such permits shall
be in a form approved by the Board of Trustees and shall be accompanied
by an application and permit fees as hereinafter set forth.
C.
An approved permit issued by the Village Clerk, listing each filming
location, must be obtained prior to any filming operations commencing.
D.
If a permit is issued and, due to inclement weather or other good
cause, filming does not take place on the dates specified, the Village
Clerk may, at the request of the applicant who shall certify that
filming did not take place on the dates specified, issue a new permit
for filming on other dates subject to full compliance with all other
provisions of this chapter. No additional fee shall be paid for this
permit.
E.
At least seven days prior to the issuance of a permit, the applicant
shall notify property owners and/or businesses in writing within a
two-hundred-foot radius of the filming activities, except in the downtown
business district where, at the discretion of the Suffern Police Chief,
such notification requirements may be expanded. Notice shall be provided
personally or left at residences and/or businesses along with a copy
of the Filming Notification for Neighborhoods and Businesses form
included with the filming application submitted to the Village Clerk.
A.
No permit shall be issued for filming at a particular location within
the Village of Suffern which would permit filming at said location
on more than six days during any one calendar year unless approved
by the Board of Trustees.
B.
No permit shall be issued for filming upon public lands within the
Village of Suffern unless the applicant for such permit:
(1)
Provides proof of insurance coverage as follows: general public liability
in the amount of not less than $1,000,000 combined single limit; automobile
liability covering owned and nonowned vehicles in the amount of not
less than $2,000,000 combined single limit; and workers' compensation
and disability insurance as required by the State of New York. The
Village shall be named as an additional insured for the entire time
granted by the permit.
(2)
Agrees, in writing, to defend, indemnify and hold harmless the Village
of Suffern from any and all claims, actions at law, liability or damages
resulting from the use of public lands or employees of the Village
of Suffern.
C.
The holder of a permit shall take all reasonable steps to minimize
interference with the free passage of pedestrians and traffic over
public lands and shall comply with all lawful directives issued by
the Village of Suffern Police Department with respect thereto.
D.
The holder of a permit shall conduct filming in such a manner as
to minimize the inconvenience or discomfort to adjoining property
owners attributable to such filming and shall, to the extent practicable,
abate noise and park vehicles associated with such filming off the
public streets. The holder shall avoid any interference with previously
scheduled activities upon public lands and limit, to the extent possible,
any interference with normal public activity on such public lands.
E.
The holder of a permit shall take all reasonable steps to minimize
the creation and spread of debris and rubbish during filming and shall
be responsible for the removal of all equipment, debris and other
rubbish from the filming location upon the completion of the filming
or upon the expiration of the permit, whichever comes first.
F.
Filming shall be permitted only Monday through Friday, between the
hours of 7:00 a.m. and 8:00 p.m., except in the business district,
where filming shall be permitted only Monday through Thursday, 7:00
a.m. through 8:00 p.m., unless approved by the Board of Trustees.
In this connection, the arrival and setup of equipment and vehicles
and the breakdown of such equipment and vehicles at the end of the
filming shall be accomplished with the permitted time period.
G.
The Village Clerk or the Board of Trustees may refuse to issue a
permit whenever it is determined, on the basis of objective evidence
after a review of the application and a report thereon from the Police
Department and by any other applicable Village departments or agencies
involved with the proposed filming site, that filming at the location
and/or the time set forth in the application would violate any law
or would unreasonably interfere with the public's use of public lands,
unreasonably interfere with the use and enjoyment of adjoining properties,
unreasonably impede the free flow of pedestrian and vehicular traffic
or otherwise endanger the public health and welfare or unreasonably
disturb the peace and tranquility of adjoining property owners.
H.
Any person aggrieved by a decision of the Village Clerk or the Board of Trustees granting, denying or revoking a permit or a person requesting relief pursuant to Subsection G may appeal in accordance with Article 78 of the Civil Practice Law and Rules. Any such appeal must be filed not later than 30 days after the decision of the Board.
I.
The Board of Trustees may authorize a waiver of any of the requirements
or limitations of this chapter and may authorize filming other than
during the hours and days herein described whenever it determines
that such a permit may be issued without endangering the public health,
safety and welfare and without unreasonably disturbing the peace and
tranquility of the neighborhood where it is proposed to film. A public
hearing shall be held for every application for a waiver. The Village
Board shall fix the time and place of such a hearing and shall give
written notification to abutting and adjacent property owners.
Fees associated with this chapter shall be as follows:
A.
Nonrefundable application fee: $300; nonrefundable application fee
of $100 for applicants filming for approved educational purposes.
B.
Permit fee schedule:
|
Per-Day Permit
Day 1
|
Per-Day Permit
Day 2 to Completion
| |
|---|---|---|
|
Crew size of less than 3 people
|
$350
| |
|
Crew size 3 to 15
|
$1,000
|
$750
|
|
Crew size greater than 15 people
|
$1,500
|
$1,000
|
C.
Security deposit: $1,000. In the event that the Village Clerk determines
that the conditions of the permit have been violated, the Village
Clerk shall be authorized to declare that the security deposit is
forfeited in its entirety.
D.
Reimbursement for police, DPW and other involved Village employees
or agencies: time and a half per hour.
E.
Cost of the use of recreation buildings.
The provisions of this chapter shall not apply to the filming
of news stories by media personnel.
Any person who shall violate or permit the violation of any
of the provisions of this chapter shall be subject to a fine in an
amount not less than $500 for the first offense, $1,000 for the second
offense and $1,000 and loss of rights for a period of six months for
the third and subsequent offenses.
As to private property, this chapter shall be enforced by the
Building Inspector, and, as to public property, this chapter shall
be enforced by the Police Department. This chapter may also be enforced
by direct action of the Board of Trustees.
