[HISTORY: Adopted by the Board of Trustees of the Village
of Port Washington North 9-2-2015 by L.L. No. 5-2015. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 116.
A.
The Board of Trustees recognizes that the Village of Port Washington
North has natural beauty, geographical location, historical sites
and waterfront sites that are attractive to individuals, organizations,
corporations, groups and other entities involved in the business of
motion pictures, television, internet production, and still photography
production.
B.
It is the intent of the Incorporated Village of Port Washington North
to regulate the activities of individuals, organizations, corporations,
groups and other entities involved in the business of motion pictures,
television, internet production, and still photography production
so as to assure the health, safety and welfare of the residents of
the Village of Port Washington North and to generate additional jobs
for local residents and income for local businesses.
As used in this chapter, the following terms shall have the
meanings indicated:
The taking of still or motion pictures on any type of analog
or digital recording medium, for commercial, educational or institutional
purposes, intended for viewing on any device, including, but not limited
to, television, projector screen, computer, smart phone, tablet, or
other electronic device, or for viewing over the internet or in any
place of assembly, or for educational or institutional use. Filming
includes all rehearsals, preparations, assembly and dismantling of
all equipment and structures, including, but not limited to, scaffolding,
lights, backdrops, tools and food, and the loading and unloading of
vehicles containing the equipment, structures and food.
Public lands used in conjunction with filming that occurs
on private property.
All activity pertaining to production, staging or shooting
of motion pictures, television shows or programs involving music videos
and commercials in any medium.
Any property other than public lands.
Every public street, highway, sidewalk or square, public
park or playground, public waters, waterfront property or other public
place located within the jurisdiction and control of the Village of
Port Washington North or involving the use of any Village-owned or
-maintained facilities or equipment.
Written authorization to engage in film, motion picture,
television, internet and still photography production on Village property
or facilities and/or the incidental use of public lands for said production.
A.
No individual, organization, corporation, group, and any other entity involved in the business of film shall engage in motion pictures, television, internet and still photography production on public lands within the Village of Port Washington North without first applying for and obtaining a permit therefor from the Village Clerk in accordance with this chapter, except as provided for in § 93-4 hereof.
B.
No individual, organization, corporation, group, and any other entity
shall violate federal, state or local law or health and safety codes
while engaging in motion picture, television, internet and still photography
production on any Village property or facility.
C.
No individual, organization, corporation, group and any other entity shall film or allow filming on private property within the Village of Port Washington North without first obtaining a permit from the Village Clerk in accordance with this chapter, except as provided for in § 93-4 hereof. Any incidental use of public lands shall be fully disclosed, described and included in any application for a permit; provided, however, that nothing contained in this section shall prevent persons from temporarily loading or unloading filming equipment on any public right-of-way, provided that such loading or unloading is done without unnecessary delay, and provided that such filming equipment is not allowed or permitted to remain on such public right-of-way for a period longer than 15 minutes.
D.
One permit shall be required for each location and one permit may
authorize filming for up to a maximum of three consecutive days. Thereafter,
a new permit must be applied for and granted.
E.
A nonrefundable application fee of $150 shall accompany any application
submitted to the Village Clerk.
Notwithstanding the permit requirements of this chapter, the
filming activities designated below do not require a permit to be
obtained pursuant to this chapter, provided that such activity does
not obstruct or interfere with the use of any public lands and facilities
of the Village:
A.
The Village Clerk, upon receipt of a complete application for a permit
under this chapter, shall conduct a review of the application and
consider any facts and circumstances that the Village Clerk deems
relevant to the specific application, including but not limited to
the following:
(1)
The location of the proposed filming;
(2)
The date and duration of the proposed filming;
(3)
Recommendations and/or objections from the Police Department and/or
Village departments;
(4)
The number of permits previously granted at the location of the proposed
filming; and
(5)
Any facts and circumstances specific to the proposed filming that
may impact the health, safety and welfare of the residents of the
Village.
B.
In conducting the review, the Village Clerk shall communicate with
the Police Department, Fire Department and other Village departments
and officials regarding the application.
C.
The Village Clerk shall complete the review in five business days
from the date the application is submitted.
D.
The Village Clerk may deny an application for a permit under this
chapter after a review of the application and consultation with police,
whenever a determination is made that the proposed filming would violate
any law or ordinance 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 flow of vehicular
or pedestrian traffic, 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, a potentially
dangerous activity or creation of a dangerous condition otherwise
endangering the public's health, safety or welfare. Such denial
shall be in writing and shall specify the reasons for the denial.
Any person aggrieved by a decision of the Village Clerk to deny
a permit may appeal to the Board of Trustees. A written notice of
appeal setting forth the reasons for the appeal shall be filed with
the Village Clerk within 10 days of the Village Clerk's decision.
The Board of Trustees shall render a decision in the form of a resolution.
B.
Film permit fees may be waived or modified in connection with filming
done for charitable, educational, student films, public service or
other nonprofit purpose.
C.
The applicant shall pay actual cost, if any, for the incidental use
of any Village of Port Washington North personnel, service or equipment
in connection with permitted, filming activities.
A.
The violation of any provision of this chapter shall be punishable
by a fine of not less than $1,500 nor more than $2,500 for a first
offense; by a fine of not less than $2,500 nor more than $5,000 for
a second or subsequent offense committed within a period of three
years. Each day's continued violation shall be a separate, additional
violation of this chapter.
B.
During the course of the filming, any authorized Village code enforcement
official or a police officer may suspend any permit where public health
or safety risks are found or where exigent circumstances warrant such
action.
If any section or provision of this chapter shall be adjudged
to be invalid by any court of competent jurisdiction, such section
or provision shall not affect, impair or invalidate any other part
of this chapter or the remainder thereof, but shall be confined in
its operation to the section or provision thereof directly involved
in the controversy in which such judgment shall be rendered.
