[HISTORY: Adopted by the Board of Selectmen (now Select Board)
of the Town of Nantucket 12-5-2001. Amendments noted where applicable.[1]]
TOWN CODE REFERENCES
Streets and sidewalks — See Ch. 127.
[1]
Editor's Note: The Select Board approved the codification
of its regulations, as revised, 4-13-2022.
Any person proposing to occupy public property, a street or
way for the purpose of any commercial film production where that occupancy
has the risk of impeding vehicular or pedestrian traffic, or impeding
access to or for the customary enjoyment of such public property,
street or way, must obtain a permit to do so from the Select Board
or County Commissioners.
As used in this regulation, the following terms shall have the
meanings indicated:
Includes feature movies, entertainment filming for cinemas
and/or television, but does not include news coverage of current events.
A.
The request for the use of the Town or County property, street or
way for the above-stated purposes shall be made in writing to the
Select Board or the County Commissioners at least 14 days prior to
the proposed day of shooting. Such request shall include the proposed
dates and times of filming, location(s), and the proposed impact on
the public property, street or way. The request will be considered
by the Select Board or County Commissioners at a regularly scheduled
meeting.
B.
If such production will cause any Town street or sidewalk to be either
partially or totally blocked, a street/sidewalk blocking permit must
be obtained in accordance with requirements set forth elsewhere.[1]
C.
A hold-harmless agreement must be submitted for use of any Town-
or County-owned property, street or way at the same time as the request
is made.
D.
Fees.
(1)
A fee
as set from time to time by the Select Board (to be paid in advance)
shall apply if the Select Board/County Commissioners determine the
production to be "large-scale." This fee does not include the cost
for use of Town employees (i.e., third-party police details for crowd
control/traffic control). "Large scale" means any such production
involving the use of more than 10 on-site production crew people.
(2)
However,
notwithstanding the foregoing, no fee shall be charged for the use
of public property, a street or way where:
(a)
The person applying for such permit demonstrates that the property,
street or way to be used is customarily used by the public as a public
forum; or
(b)
Such fee would interfere with any right protected by the First Amendment
to the United States Constitution or the Declaration of Rights to
the Constitution of the Commonwealth of Massachusetts.
A.
If the Select Board/County Commissioners determines that the proposed
production would cause an unreasonable risk of harm or damage to public
property or would unreasonably interfere with the public's right to
use and enjoy public property, streets or ways, the permit may be
denied.
B.
If the fee to be paid is equal to or exceeds any threshold triggering
public bidding requirements under Chapter 30B of the General Laws
of the Commonwealth, the permit shall not be granted until the completion
of compliance with all applicable procurement laws.
The Select Board or the County Commissioners may require that
the persons who will be engaged in the production meet with any of
the following: the Town Administrator, the Police Chief, the Fire
Chief, a representative from the Merchant's Association and/or the
Nantucket Chamber of Commerce before production commences.
The Select Board may waive the fee if otherwise applicable to
any nonprofit organization that serves the public interest.
