[HISTORY: Adopted by the Town Board of the Town of Southampton 3-28-2017 by L.L. No. 5-2017. Amendments noted where applicable.]
GENERAL REFERENCES
Special events — See Ch. 283.
Unless otherwise expressly stated, the following terms shall,
for the purposes of this chapter, have the meanings set forth below:
The Chief Fire Marshal of the Town of Southampton, or designee.
The Chief of Police of the Town of Southampton, or designee.
The activity of filming or photographing a commercial, movie,
documentary, television program, catalog or magazine layout, or any
other presentation for commercial or educational purposes.
A permit for filming issued under this chapter.
Any individual, firm, partnership, association, corporation,
company or organization of any kind, including a charitable, religious,
membership, hospital or not-for-profit corporation.
Includes Town streets, sidewalks and parking areas, Town
beaches and parks, Town buildings and other Town facilities.
A commission consisting of five members. The Town Board shall appoint members of the Public Safety Commission and their terms by resolution, as provided for in Town Code Chapter 19. The duties of this Commission shall include holding public hearings to consider appeals based upon the denial of a permit application under this chapter.
A special event as defined under Chapter 283 of the Town Code.
The Town Board of the Town of Southampton.
The Town Clerk of the Town of Southampton, or designee.
All unincorporated areas within the Town of Southampton.
A.
Written permit required.
(1)
No owner, lessee or any other person claiming any right or interest in property within the Town of Southampton shall cause, permit or allow any such property to be used for filming, as defined by § 162-1, unless, pursuant to an application therefor, a written filming permit has been issued by the Chief Fire Marshal.
(2)
Exemption. A permit pursuant to this chapter shall not be required
if each of the following conditions is met:
(a)
Twenty-five or fewer individuals constitute the entire cast
and crew engaged in filming; and
[Amended 6-12-2018 by L.L. No. 11-2018]
(b)
The filming takes place for a period of not more than three
days; and
(c)
The filming does not obstruct a public roadway and/or sidewalk
or any portions thereof and/or use any Town property or Town facility.
B.
Application time frames.
(1)
Mandatory time frames. Applications for filming permits shall be
on the form available from the office of the Town Clerk, shall contain
all of the required information and material, and shall be filed with
the office of the Town Clerk at least 20 days prior to the date the
proposed filming will begin. Provided Town resources are available,
late applications may be accepted at an additional fee.
C.
Information and material to be submitted with completed application.
As set forth therein, all applications for a filming permit shall
include information and materials regarding the identity of the applicant,
the nature of the production, the location of the property and any
restrictions on the use thereof, proposed and existing structures,
disposal of refuse, sanitary waste and sewage, water, parking, pedestrian
and vehicular access, sound, music, lighting, security, fire protection,
medical and handicap facilities, tents, signs, generators, inspection,
use of Town facilities, and any additional information the Town deems
relevant, all as may be amended or modified from time to time.
D.
Rejection by Town Clerk. The Town Clerk shall have the authority
to reject any application that the Town Clerk finds incomplete.
A.
Liability insurance. Prior to the issuance of a filming permit and
subject to review by the Town Attorney's office, the applicant
shall furnish the Town with a comprehensive liability insurance policy,
insuring the applicant and/or property owner against liability for
damage to persons or property, with limits of no less than $1,000,000/$2,000,000,
which policy shall name the Town as an additional insured and shall
not be cancelable without at least 30 days' prior written notice
to the Town. Additional comprehensive liability insurance policies,
naming the Town as an additional insured, may be required.
B.
Cost reimbursement. Where the expected number of cast and crew, the
magnitude of the production or the duration of the filming may impact
the health, safety and welfare of the public, as a condition to granting
the film permit the Chief Fire Marshal and/or Chief of Police may
require the applicant to reimburse the Town for the costs of increased
police protection, public safety oversight, and public works facilitation,
including any additional equipment, as may be deemed necessary by
the Chief Fire Marshal and/or Chief of Police to adequately and safely
control and protect the persons involved with the filming, the filming
area and traffic in and around the area. Such costs shall include
all necessary staffing and shall be provided to the applicant prior
to the issuance of the permit.
C.
Security instrument. The Chief Fire Marshal and/or Chief of Police
may require the applicant to provide a letter of credit, bond or other
suitable security instrument to secure compliance with conditions
in the filming permit and to ensure adequate cleanup of the property
after the film. In such circumstances, no filming permit shall be
issued until the security has been provided to the Town Clerk. If
the applicant fails to honor the permit conditions or to adequately
clean up the property following the film, the Town may use such portion
of the security as is required to remedy the situation.
D.
Permit available on property. The filming permit issued hereunder
shall be kept on the property during the filming and shall be presented
for inspection by any enforcement officer or other duly authorized
official or employee of the Town of Southampton upon request of such
official or employee.
E.
Compliance with minimum zoning setbacks. Where concerns exist regarding health, safety and welfare, the Chief Fire Marshal may require the filming activity, including any temporary structures or equipment erected in connection therewith, to comply with all applicable minimum zoning setbacks pursuant to Chapter 330 of the Town Code of the Town of Southampton. The Town may also, in its discretion, require a buffer zone at a distance greater than the minimum zoning setbacks.
F.
Notification of adjoining property owners in residential zoning districts.
Upon filing an application for a filming permit, if the property which
is the subject of the application is within a residential zoning district,
the Chief Fire Marshal may require the applicant to mail, by certified
mail, return receipt requested, written notice that a filming permit
application has been filed with the Town, to every property owner,
as shown on the current Town of Southampton assessment rolls, of parcels
abutting and directly opposite (by extension of lot lines through
a street or right-of-way) the property which is the subject of the
application. Said notice shall include the date, time, and location
of the proposed filming, and proof of mailing shall be submitted to
the Chief Fire Marshal in the form of an affidavit, with postal receipts
annexed, in order to constitute a complete application.
G.
If the property is a Town-owned facility, the applicant must obtain
a facility use permit from the appropriate Town department before
a filming permit may be issued.
A.
Review of application. All applications for a filming permit shall
be reviewed by the Chief of Police, Chief Fire Marshal, and the Town
Planning and Development Administrator. Authorization of the Town
Board shall be required if any Town highway or street is to be closed
for the filming. The Chief Fire Marshal or Chief of Police may request
an advisory report from the Planning Board, the Board of Trustees
of the Freeholders and Commonalty of the Town of Southampton or from
any other Town department or advisory board whose expertise and evaluation
may be appropriate.
B.
Issuance of permit. The Chief Fire Marshal or Chief of Police shall
approve or deny a permit application within 30 days from the submission
of a complete application and shall file a copy of the permit or notice
of denial with the office of Town Clerk. The Chief of Police shall
be responsible for approving/denying any application involving a public
roadway. All other applications shall be approved/denied by the Chief
Fire Marshal. In determining whether or not to issue a filming permit,
the Chief Fire Marshal or Chief of Police shall consider the information
provided in the permit application together with all other available
information, including but not limited to those factors illustrated
below:
(1)
The size of the property in relation to the number of people involved
in the production.
(2)
The sufficiency of arrangements made by the applicant to control
traffic, parking, noise, lighting and refuse, including the impact
of the event on the safe and orderly movement of traffic within and
contiguous to the filming, and the adequacy of emergency plans, including
but not limited to a first-aid plan and a fire safety plan.
(3)
Possible conflicts with other films, special events and seasonal
demands which may overtax or cause an undue burden on Town services.
(4)
Impact of the filming on the general health, safety and welfare of
the Town.
(5)
Verification that there are no outstanding violations on the property
at which the filming will be held or any outstanding or unsatisfied
conditions imposed by the Planning Board or Zoning Board of Appeals,
or any other Town agency or department, on such property or any other
property owned or leased by applicant.
(6)
The accuracy and completeness of the information contained in the
application.
(7)
Verification that there are no restrictions imposed on the property
that would preclude or otherwise limit such uses or activities as
proposed in the filming application, including the following:
(a)
Requirements and conditions related to a subdivision, site plan
or special exception approval by the Planning Board.
(b)
Requirements and conditions related to an action of the Town
Board, Board of Trustees, Zoning Board of Appeals or Conservation
Board, pursuant to the Town Code.
(c)
Requirements or restrictions contained in any covenants, easements,
indentures or other such protective legal instruments.
C.
Reasons for denial of a permit. A permit application may be denied
by the Chief Fire Marshal or Chief of Police in relation to any of
the factors illustrated above, as well as any reason illustrated below:
(1)
It is determined that there are inadequate Town resources available
to ensure public health, safety, and welfare at or during the filming.
(2)
The filming will disturb the public peace and good order of the Town
or adversely affect the use and enjoyment of adjoining properties
or that the conduct of the filming will not be consistent with or
will jeopardize the health, safety, or welfare of neighboring residents
and/or the Town at large.
(3)
There are materially false statements or omitted relevant information
in the application.
(4)
The applicant has failed to conduct a previously permitted filming and/or special event/parade permitted under Chapter 283 of the Town Code in accordance with the law or the terms of a permit, or both.
(5)
The applicant has not obtained the approval of any other Town or
public agency within whose jurisdiction the filming or portion thereof
will occur.
(6)
The filming is proposed to take place on property purchased by the
Town through use of the Community Preservation Fund;
D.
Site capacity. If permission to hold a filming is granted, the permit
shall set forth the maximum number of persons permitted on site at
any given time during the filming. The Chief Fire Marshal, in determining
the maximum limit, shall consult with the Town's Traffic Safety
Director, taking into consideration the capacity of the site, the
facilities at the site and the availability of public highway and
other means of transportation to and from the site.
E.
Nontransferable. A filming permit is not transferable and shall expire
at the designated time for the close of the event for which it is
issued.
F.
Terms and conditions of permit. The issuance of a permit pursuant
to this chapter shall be deemed an approval of the application and
shall require the applicant to undertake all actions proposed in the
application for the control of traffic, parking, noise, lighting,
refuse and the like. The filming shall be subject to any other terms
or conditions imposed in the permit, or in any permit obtained from
other applicable Town departments.
G.
Privilege. The granting of a filming permit is a privilege and not
a right and may be denied in the event the applicant fails to comply
with any applicable provision of this chapter or for any other reason
not prohibited by law.
The application for a permit shall be accompanied by an application
fee or a late application fee in the amount(s) established by resolution
of the Town Board from time to time and paid by the applicant to the
Town Clerk. The Town Clerk shall deposit application fees and late
application fees into the general fund. Any contribution to the Town
made part of an application's approval shall be accepted by the
Town Clerk and deposited into a designated fund. Application fees
may be waived at any time by and at the discretion of the Town Board.
A.
Once a filming permit has been issued, any proposed amendment or
modification to the application shall be filed with the Town Clerk
at least 10 days prior to the filming if any of the conditions have
changed. Such changes may include, but are not limited to, the date
of the filming, the location of the filming, the number of production
personnel, or the addition of tents. By resolution, the Town Board
may require an additional fee for such amendments.
B.
If, after a filming permit is issued, the Chief Fire Marshal and/or
Chief of Police determines that any of the representations and/or
statements contained in the application or any of the conditions or
requirements of the permit or this chapter have not been met, the
Chief Fire Marshal and/or Chief of Police may immediately rescind
or modify such permit or terminate such filming.
C.
If any conditions are not met during the filming, the Chief of Police
or Chief Fire Marshal may terminate the filming or may suspend it
until such conditions are met and may authorize Town personnel to
take all necessary steps to effectuate such determinations.
D.
If conditions exist that endanger the health, safety or welfare of
those involved with the filming, the Chief of Police or Chief Fire
Marshal may terminate the filming or may suspend the filming until
such danger is corrected and may authorize Town personnel to take
all necessary steps to effectuate such determinations.
A.
If the Chief Fire Marshal or Chief of Police denies an application
for a filming permit or rescinds a permit, written notice of such
denial or rescission, and the reason or reasons for such determination,
shall be sent to the Town Clerk and, thereafter, mailed by the Clerk,
via certified mail, return receipt requested, to the applicant at
the address provided in the application. A copy of the notice of denial
or rescission shall be filed with the office of Town Clerk and forwarded
to all involved Town departments.
B.
The denial of a permit application or the rescission of a permit may be appealed to the Public Safety Commission pursuant to this chapter and Town Code Chapter 19. All requests for an appeal hearing shall be made in writing and shall be filed with the Town Clerk within 10 days from the date of receipt of the written denial or rescission notification. Such request for an appeal shall set forth the grounds for the appeal and shall be accompanied by the appeal fee in the amount(s) established by resolution of the Town Board, which may be amended from time to time.
C.
The Public Safety Commission shall conduct a public hearing or hearings
with respect to any appeal. The Public Safety Commission shall fix
a time and place for such hearing and shall provide for the giving
of notice at least 10 days prior to the date of the hearing as follows:
(1)
By publishing a notice in the official newspaper.
(2)
By requiring the applicant to erect a white-and-black-lettering sign
or signs measuring not less than two feet long and one-foot wide,
which shall be prominently displayed on the premises facing each public
street on which the property abuts, giving notice that an application
for a filming permit is pending and the date, time and place where
the public hearing will be held. The sign shall not be set back more
than 10 feet from the street line and shall not be less than two feet
nor more than six feet above the grade at the street line. The sign
shall be made of durable material and shall be furnished by the Town
Clerk. It shall be displayed for a period of not less than 10 days
immediately preceding the public hearing date. No additional posting
shall be required for any adjournment date. The applicant shall file
an affidavit stating that there has been compliance with the provisions
of this section.
(3)
If the land involved in an application is within 500 feet of the
boundary of any other municipality, notice of the public hearing shall
also be mailed to the municipal clerk of such other municipality by
the applicant.
(4)
By requiring the applicant to mail written notice of the date, time
and place of the hearing, together with a copy of the application,
by certified mail, return receipt requested, to every property owner,
as shown on the current Town of Southampton assessment rolls, of parcels
abutting and directly opposite (by extension of lot lines through
a street or right-of-way) the property which is the subject of the
application, proof of which shall be submitted to the Public Safety
Commission on or before the commencement of the public hearing in
the form of an affidavit with postal receipts annexed to it, confirming
mailing of the notices at least 10 days prior to the hearing date.
D.
At the public hearing, the Public Safety Commission shall give the
appealing party and any other interested party a reasonable opportunity
to be heard, in order to show cause why the determination of the Chief
Fire Marshal or Chief of Police should not be upheld. The applicant
shall provide any relevant information in response to that set forth
in the written notice of denial or rescission. A written report and/or
testimony from the Chief Fire Marshal or Chief of Police, detailing
the reason or reasons for denial or rescission, shall be made part
of the public hearing's record.
E.
In determining the appeal, the Public Safety Commission shall consider
all of the information provided at the hearing with all other available
information, including but not limited to those factors illustrated
below:
(1)
The size and type of the production;
(2)
The duration of the filming;
(3)
The potential impacts on Town resources, the public health, safety
and welfare, the surrounding community and the Town as a whole, noise,
traffic, aesthetics, and the character of the area.
(4)
The sufficiency of services or facilities (including but not limited
to a parking plan, a first-aid plan, and a fire safety plan) that
are reasonably necessary to ensure that the filming will be conducted
with due regard for public health and the safety of participants and/or
attendees.
F.
The Public Safety Commission may sustain the determination of the
Chief Fire Marshal or Chief of Police to deny or rescind a permit,
or may reverse the determination, with or without additional conditions.
A resolution of a majority vote of the Public Safety Commission is
required for any such action. The Public Safety Commission shall render
its findings in writing, no later than 10 days from the close of the
public hearing. The Public Safety Commission shall notify the applicant
of its determination by certified mail, return receipt requested,
to the address provided in the application, within five days after
such determination. A copy of the determination shall be filed with
the office of Town Clerk and forwarded to all involved Town departments.
G.
The decision of the Public Safety Commission shall be final and shall
constitute the exhaustion of the applicant's administrative remedy.
A.
Any person who shall cause, permit or allow property to be used for
a filming without having a written filming permit in accordance with
the provisions of this chapter shall be guilty of a violation of this
chapter.
B.
A violation of any of the provisions of this chapter or of Town conditions,
approvals or restrictions issued hereunder shall be punishable as
follows:
(1)
A first violation of this chapter shall be a violation level offense
punishable by imprisonment not to exceed 15 days and/or a fine of
not more than $7,000;
(2)
A second or subsequent violation of this chapter within one year,
or any third or more violation at any time, shall be an unclassified
misdemeanor punishable by imprisonment not to exceed one year and/or
a fine of not less than $10,000 nor more than $15,000.
C.
A separate offense against this chapter shall be deemed committed
on each day during or on which a violation occurred or continues.
A separate penalty may be imposed for each separate offense.
D.
Cost recovery for unlawful filming. Whenever a filming is conducted
without a permit when one is required, or filming is conducted in
violation of the terms of an issued permit, the applicant shall be
responsible for all Town costs incurred. The Chief of Police and/or
Chief Fire Marshal shall charge and bill the applicant for personnel
and equipment in any public safety response caused by or necessitated
by the adverse impacts of the event or the violation of the permit.
A.
Notwithstanding anything to the contrary set forth in this chapter,
the Town Board may waive or modify any of the requirements set forth
herein.
B.
The applicant and property owner shall execute a written agreement
as part of a permit application to indemnify and hold harmless the
Town of Southampton and its officers, employees, and agents from any
loss, liability, damage, or cost sustained by any person or property,
to the extent any such loss, liability, damage, or cost rises from
any activity associated with the filming.