[HISTORY: Adopted by the Town Board of the
Town of East Hampton 9-3-1993 by L.L. No. 24-1993; amended in its entirety 4-11-2017 by L.L. No. 11-2017. Subsequent amendments noted where applicable.]
The Town Board of the Town of East Hampton recognizes
that the Town's natural beauty and historical sites are attractive
to individuals, organizations, corporations, groups and other entities
involved in the businesses of still photography, motion pictures and
television. Because such filming 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 Town desires to regulate such activities through the
issuance of permits. The purpose of this local law is to set forth
the procedure governing such permit process.
A.
Whenever used in this chapter, words used in the singular include
the plural, and vice versa, and pronouns used in the masculine gender
also include the feminine, and vice versa.
B.
EQUIPMENT
FILMING
HANDHELD DEVICE
(1)
(2)
INCIDENTAL USE OF PUBLIC LANDS
PERSON
PRIVATE PROPERTY
PUBLIC LANDS
For the purposes of this chapter, the following terms shall have
the meanings indicated:
Shall include, but is not limited to, television, photographic,
film, digital or video cameras or transmitting television equipment,
including radio remotes, props, sets, lights, backdrops, electric
and grip equipment, dolly tracks, screens or microphone devices, and
any and all production-related materials. Equipment shall not include
a handheld device, as defined herein, and vehicles, as defined in
the Vehicle and Traffic Law § 159, that are used solely
to transport a person or persons while engaged in the activity of
filming from within such vehicle, operated in compliance with relevant
traffic laws and rules.
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, smartphone, tablet, or
other electronic device, or for viewing over the Internet or in any
place of public 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.
A film, still or television camera, video or digital camera,
smartphone, tablet or other equipment held in the photographer's
or filmmaker's hand, carried with the photographer or filmmaker
during the course of filming, and not requiring the use of cables
or any other item or equipment not carried by the photographer or
filmmaker at all times during the course of photography, filming or
transmission; or
A tripod used to support film, still, television, video or digital
cameras.
Public lands used in conjunction with filming that occurs
on private property.
Any individual, partnership, corporation, organization, association,
limited-liability company, partnership society or any other legal
entity.
Any property other than public lands, including both residential
and commercial property.
Any and every public street, highway, sidewalk or square,
public park or playground, public waters, waterfront property or other
public place within the Town which is within the jurisdiction and
control of the Town or involving the use of any Town-owned or -maintained
facilities or equipment.
A.
No person shall film or allow filming on public lands within the Town of East Hampton without first applying for and obtaining a permit therefor from the Town Clerk in accordance with this chapter, except as provided for in § 138-4 hereof.
B.
No person shall film or allow filming on private property within the Town of East Hampton without first obtaining a permit from the Town Clerk in accordance with this chapter, except as provided for in § 138-4 hereof. Any incidental use of public lands that obstructs any public lands or interferes with the use of any 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.
A permit shall authorize filming at certain location(s) only, whether
such filming shall occur indoors or outdoors, provided that the dates
on which filming is to take place shall be specified in the permit.
The application for the filming permit may list several potential
locations, but the applicants' intent must be finalized before
the permit is issued.
E.
If a permit is issued and, due to inclement weather or other good
cause not within the control of the applicant, filming does not in
fact take place on the date or dates specified, the Town Clerk may,
at the request of the applicant, issue an amended permit for filming
on other dates subject to full compliance with all other provisions
of this chapter. An administrative fee shall be required for an amended
permit under this section, and the Town Board, by resolution duly
adopted, from time to time shall establish or amend such fee amount.
F.
If an additional date or dates of filming become required to complete
any filming authorized pursuant to a permit issued under this chapter,
the Town Clerk may, at the request of the applicant, issue an extension
permit, subject to full compliance with all other provisions of this
chapter. The conditions, requirements and fees for any extension permit
shall be the same as those required for the existing permit(s), provided
that there have not been any changes in the circumstances regarding
the filming. If there are any changes in circumstances proposed for
the filming under the extension permit, the Town Clerk may, in the
Clerk's discretion, modify any of the conditions, requirements
or fees and deposits required for the extension permit. In addition,
an administrative fee shall be required for an extension permit under
this section, and the Town Board, by resolution duly adopted, from
time to time shall establish or amend such fee amount.
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 or private
roads located within the Town. For purposes of this section, the term
"obstruct or interfere with the use of any public lands or private
roads located within the Town" shall mean any filming activity which
impedes or which involves the blockage, interruption or closure, in
whole or in part, of any public lands or private roads located within
the Town.
A.
Filming and coverage by news media.
B.
Noncommercial filming by and intended for the exclusive use of the
owner of private property and his/her immediate family.
C.
Filming occurring on public lands or on private property resulting
in an incidental use of public lands, and limited to the use of a
handheld device, as defined herein.
D.
Filming occurring on public lands for which the Town contracts with
an applicant or has otherwise established by local law, resolution,
or by the rules and regulations adopted pursuant to this chapter a
fee schedule and/or policy governing such activity. In such instances,
said contract, fee schedule and/or policy shall apply.
A.
Application form. An applicant may obtain an application form from
the Town Chief of Police or the Town Clerk. The information requested
on the application form shall include, without limitation, the following:
B.
Submission to Town Clerk. The following materials shall be submitted
by the applicant to the Town Clerk, if still photography at least
seven days before and if video photography at least 14 days before,
the proposed date to start the filming or still photography:
C.
Review.
(1)
For applications for filming involving only still photography on
private property, the application shall be reviewed and a determination
shall be made by the Town Clerk to approve or disapprove based upon
a determination whether the proposed filming or still photography
will constitute a threat to public safety, health or welfare by reason
of time, location or duration of the activity or will unduly interfere
with vehicular and/or pedestrian traffic.
(2)
For all other applications, the Town Clerk shall forward the application to the Chief of Police for approval or disapproval. Said approval or disapproval shall be based on the Chief of Police, or his designee, making a determination on whether the proposed filming or still photography will constitute a threat to public safety, health or welfare by reason of time, location or duration of the activity or will unduly interfere with vehicular and/or pedestrian traffic. The Chief of Police, or his designee, must refer all permits for comment to the Fire Marshal, Trustees, Highway Department and/or any other Town department or agency, should the application indicate that such entity may be affected by the approval of such application. Approval of the application by the Chief of Police, or his designee, may be conditioned on the payment of the traffic control fee set forth in § 138-6. The Chief of Police shall send the approved or disapproved application back to the Town Clerk.
D.
Review by Town Attorney. The Town Clerk shall forward the certificate
of insurance and the indemnification agreement to the Town Attorney
for approval. The Town Attorney shall send such approved or disapproved
documents back to the Town Clerk.
E.
Permit fee. The Town Clerk shall calculate the permit fee required
to be paid by an approved applicant as follows:
(1)
Film fee. The Town Board may, by resolution duly adopted, from time
to time establish, amend or suspend film fees for each day covered
by the permit.
(2)
Cleanup deposit. A fee for each location covered by the permit shall be paid pursuant to § 138-7, and the Town Board, by resolution duly adopted, from time to time may establish or amend such fee amount.
(3)
Traffic control fee. A fee for each day covered by the permit shall be paid if the Chief of Police, or his designee, requires payment of the traffic control fee pursuant to § 138-6.
(4)
Town property parking fee. If the applicant requests parking to facilitate
the filming pursuant to the permit, and Town property is suitable
and available for such parking, a parking fee shall be paid, and the
Town Board, by resolution duly adopted, from time to time may establish
or amend such fee amount.
F.
Issuance of permit. The Town Clerk shall countersign an approved application. The Town Clerk shall collect the permit fee calculated pursuant to Subsection E from the applicant. Payment of the permit fee shall be in the form specified in § 138-8. Upon payment of the permit fee, the Town Clerk shall issue the permit to the applicant. The permit shall set forth the name of the applicant and the location(s), date(s) and time(s) of the filming or still photography.
G.
The Chief of Police, or his designee, may deny an application for
a permit under this chapter after a review of the application, 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; 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, such as the
use of explosives, the use of stunts, helicopters, firearms or simulated
firearms; or otherwise endanger the public's health, safety or
welfare. Such denial shall be in writing and shall specify the reasons
for the denial.
H.
The Town reserves the right to impose additional and further requirements
up to and through the date or dates of the filming activity, as deemed
by the Town to be necessary to assure compliance with the requirements
and purposes of this chapter.
I.
The Town reserves the right to immediately revoke any permit issued
due to noncompliance with the requirements of the permit.
A.
In the event that the Chief of Police, or his designee, determines that police officers or traffic control officers will be necessary for the protection of the citizens or for the control of traffic during the filming or still photography, the applicant shall submit to the Town Clerk a fee for each day covered by the permit pursuant to Subsection E of § 138-5, and the Town Board, by resolution duly adopted, from time to time shall establish or amend such fee amount.
B.
If the Chief of Police, or his designee, determines that a traffic
control fee will be fully expended prior to the termination of the
permit period, the Chief of Police, or his designee, shall notify
the Town Clerk. The Town Clerk shall contact the applicant in writing
and require payment of an additional sum of money, said specific amount
to be determined by the Chief of Police, or his designee, based on
the salaries and the number of hours to be worked by the Town police
and traffic control personnel. Said additional traffic control fee
shall be paid within seven days of said notice. The applicant's
failure to pay such additional fee within said seven-day period shall
result in the Town Clerk's providing the applicant with written
notice that the permit has been suspended and the date of such suspension.
The applicant's receipt of the Town Clerk's suspension notice
shall not be construed as altering the date of suspension set forth
in said written notice, the effective date of the suspension being
the day immediately following the completion of the seven-day notice
period.
C.
The procedure set forth in Subsection B may be repeated as necessary to ensure that the applicant pays for all costs incurred by the Town in providing traffic control services.
D.
After termination of the filming, the Chief of Police, or his designee, shall provide the applicant with a statement regarding the actual cost to the Town of providing said police officers or traffic control officers. If the actual cost is less than the moneys that the Town has collected pursuant to Subsection A, B or C, the Town shall remit the balance to the applicant. If the actual cost is more than the moneys that the Town has collected pursuant to Subsections A, B or C, the applicant shall be responsible for providing the balance to the Town within 30 days of the permit period.
E.
The Chief of Police, or his designee, shall forward a copy of the
statement of actual cost to the Town Clerk, who will file said statement
with the original application form.
A.
Each applicant whose application has been approved shall give the
Town Clerk a check for a cleanup fee deposit for each location covered
by the permit, which check shall be held and not deposited by the
Town during the duration of the permit period. The Town Board, by
resolution duly adopted, from time to time shall establish or amend
such deposit fee amount.
B.
At the termination of the permit period, the Town Superintendent
of Parks and Recreation or the Town Superintendent of Highways, as
appropriate, shall, inspect the locations listed on the permit and
determine if the locations require cleanup efforts by Town personnel.
C.
If cleanup is required, the Town Superintendent of Parks and Recreation or the Town Superintendent of Highways, as appropriate, will coordinate that effort. Said Superintendent will provide the Town Clerk with a statement setting forth the actual cost to the Town of providing said cleanup services. If the actual cost is less than the fee deposit collected pursuant to Subsection A, the Town shall remit the balance to the applicant. If the actual cost is more than the fee deposit collected pursuant to Subsection A, the applicant shall be responsible for providing the balance to the Town within 30 days of the termination of the permit period.
D.
If no cleanup is required, the Town Superintendent shall notify the
Town Clerk of that fact, and the Town Clerk shall promptly remit the
check to the applicant.
Any fee collected under this chapter shall be paid either in
cash or by check made payable to the Town of East Hampton and shall
be delivered to the Town Clerk.
Other than the required fees, the Town shall not accept any
donations from the applicant in connection with the granting of the
permit. In addition, no Town official or employee shall make a recommendation
to the applicant regarding a donation to a third party.
The Town Board, upon consent of a majority of its members, after
due consultation, may authorize a waiver of the requirements and/or
limitations of this chapter whenever it determines that strict compliance
with such limitations or requirements will pose an unreasonable burden
upon the applicant and that such permit may be issued without endangering
the public's health, safety or welfare. In such instances, the
Town Board may attach additional conditions and safeguards to ensure
the orderly conduct of the activity and to minimize the impact of
such use.
During the course of filming, any authorized Town Code enforcement
official, peace officer or a police officer may suspend any permit
where public health or safety risks are found or where exigent circumstances
warrant such action.
The Town Clerk shall give notice to the Chief of Police, the
Chief Building Inspector, the head of the Ordinance Enforcement Department
and the Chief Fire Marshal, the Superintendent of Highways and the
Superintendent of Parks and Recreation of each permit issued pursuant
to this chapter.
A permit holder shall be responsible for any damage to Town
property or facilities that may result from the permit holder's
activities. No alterations are to be made at filming or photography
sites, including, without limitation, cutting trees, digging holes
and trimming bushes, without the express authorization of the Town
Board.
Issuance of a permit pursuant to this chapter does not relieve
the permit holder of its duty to comply with all other Town local
laws, ordinances and regulations during the duration of the filming
or photography.
Every application for a permit pursuant to this chapter shall
include a certificate of insurance that evidences a public liability
insurance policy covering the Town as an additional insured in the
minimum amount of the $1,000,000 per occurrence for the duration of
the filming or still photography. The applicant shall also submit
an indemnification agreement that states that the applicant agrees
to assume all liability for and will indemnify and hold the Town harmless
of and free from any and all damages that occur to persons or property
by reason of said filming or still photography.
The permit holder shall be required to have the permit available
for inspection by the Town Police Department, or its designees, at
the site of the filming or still photography for the duration of the
permit period.
A.
Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine of not less than $100 and not more than $1,000, and in addition, anyone convicted hereunder of not complying with the requirements of § 138-6 and/or § 138-7 may be subject to a fine of not less than the amount of the actual costs incurred and owed to the Town and not more than an amount equal to twice said actual costs.
B.
Each continuing day of violation of this chapter shall constitute
a separate offense.
C.
In addition to the above-provided penalties, the Town may also maintain
an action or proceeding in the name of the Town in a court of competent
jurisdiction to compel compliance with, or to restrain by injunction
the violation of, this chapter.
