[HISTORY: Adopted by the Board of Trustees 6-5-2017 by L.L. No. 4-2017.
Amendments noted where applicable.]
The Village and neighboring municipalities have received a number
of requests in recent years to use public and private areas of such
villages and municipalities for purposes of filming for commercial,
business, charitable, educational and public service purposes. The
Board of Trustees finds that it is in the public interests of the
Village to require a permit for filming for such purposes, to establish
standards that will govern applications for such permits, and to minimize
the impact of such activity on the residential community.
As used in this chapter, the following terms shall have the
meanings indicated:
The recording for commercial or business use, or for charitable,
educational, public services or similar not-for-profit purpose, on
film, video or other medium of motion pictures, commercial, documentaries,
shows, performances, athletic or sports events or other similar events
or activities, excluding still photography. As used herein, "filming"
shall include the use of public or private property for persons, equipment,
vehicles, props, cameras and any other items or materials used in
connection with such filming. The filming of home movies or videos
intended for the exclusive use of the owner and his/her immediate
family is exempt from this chapter and is not included within the
definition of filming. Furthermore, the filming of social or family
events and celebrations on private property within the Village, whether
or not compensation is paid to the person or entity performing such
filming, is exempt from this chapter and is not included within the
definition of filming.
The Incorporated Village of Plandome Heights.
No person, firm, association, or corporation shall commence
filming within the Village unless a permit therefor has been issued
by the Village Board of Trustees.
A.
An application for a filming permit shall be made on forms provided
by the Village Clerk and shall contain at least the following information:
(1)
Name, address and telephone number of the person or entity making
the film.
(2)
Name, address and telephone number of the location coordinator or
other contact person.
(3)
Purpose of the filming.
(4)
Specific location of each property to be used in the filming.
(5)
Dates and times of the day that each property will be used.
(6)
Name and address of the property owner.
(7)
Consent of the owner of the property.
(8)
Such other information as may be required by the Village Board of
Trustees.
B.
The Village Board of Trustees may grant, deny, or grant the permit
with restrictions and/or conditions. In its discretion, the Board
of Trustees may require a public hearing on the application, and then,
not less than 10 and no more than 20 days before the date of the public
hearing, the applicant shall serve, by certified mail, return receipt
requested, a written notice of the hearing, in a form to be approved
by the Village, upon all property owners within 500 feet of any location
of the proposed filming and upon the Nassau County Police Department
and the Manhasset-Lakeville Fire Department. Proof of such service
shall be filed with the Village Clerk prior to the public hearing.
C.
The Village Board of Trustees may deny an application for a filming
permit if it determines that such filming will create a dangerous
condition, unreasonably interfere with the use of the Village streets
or public places, or create a nuisance to Village residents.
D.
If the Village Board of Trustees grants an application for a filming
permit hereunder, the use permitted thereby shall not be deemed also
to constitute a rental, lease or letting of the property, building
or structure with respect to which such permit is issued; therefore,
the holder of any such permit shall not be required to obtain a rental
permit for such use with respect to such property, building or structure
for the period during which the permit issued hereunder is in effect.
A.
Every permit shall contain a date of commencement and expiration
as well as the specific hours during which filming may occur.
B.
At no time shall filming or use of equipment be conducted between
the hours of 11:00 p.m. and 8:00 a.m., unless the Village Board of
Trustees provides for different hours in the permit.
C.
No filming shall commence prior to 10:00 a.m. on Saturdays or Sundays,
unless the Village Board of Trustees provides for different hours
in the permit.
D.
In rendering a determination with respect to any such application,
the Village Board may vary any provisions of the Village Code regarding
noise or lighting, provided that such variances do not create a dangerous
condition and are consistent with the public health, safety and welfare.
E.
The Village Board of Trustees may place further reasonable limitations
on hours of operation based on the needs of the particular neighborhood
or the existence of conflicting scheduled events.
The fees and deposits required for a filming permit, and the amounts thereof, shall be as established and amended from time to time by resolution of the Board of Trustees, in accordance with Article II, Fees, of Chapter 1, General Provisions, of the Village Code. Such fees and deposits shall be paid in cash or check 3 days prior to the issuance of the permit. Such fees and deposits may be waived in connection with the filming done for a charitable, educational, public service, or other similar nonprofit purpose.
The applicant shall pay the actual cost for the incidental use
of any Village personnel, services, or equipment in connection with
the filming.
No permit shall be issued until the applicant has deposited
with the Village Clerk a certificate or policy of general liability
insurance, including personal injury and property damage liability,
in the amounts and in a form to be set by the Village Board of Trustees
in granting the permit, providing a defense and indemnity from and
against any claim, loss or damage resulting from the filming for which
the permit is issued. Such insurance will name the Village, its elected
officials, officers, employees and representatives as additional insureds.
A.
The Village Clerk or such other Village official who may be designated
in the permit may suspend or revoke a filming permit issued for any
of the following reasons:
(1)
Violation of any law, rule or regulation of the United States, the
State of New York, the County of Nassau, the Town of North Hempstead,
the Village or any department or agency of any of the foregoing.
(2)
Violation of any condition of the permit.
(3)
Conduct that is detrimental to the health, safety or welfare of the
public.
B.
A decision by the Village Clerk or such other Village official to
suspend or revoke a permit may be appealed to the Board of Trustees,
whose decision thereon shall be final. This decision may be reviewed
under the New York Civil Practice Law and Rules by an Article 78 proceeding
brought within 30 days of the filing of the decision of the Board
of Trustees in the Village Clerk's office.
C.
In the event that a permit is suspended or revoked, the fees paid
therefor shall be forfeited and shall not be refunded to the applicant.
A.
Each person, firm, corporation, association or other entity who or
which shall undertake filming without a permit issued under this chapter,
or otherwise violate, or fail to comply with, any provision of this
chapter or any determination made hereunder, shall, upon conviction
thereof, be guilty of a violation, punishable as follows: for a conviction
of a first offense, by a fine of not more than $5,000 or imprisonment;
for a period not to exceed 15 days, or both such fine and imprisonment
for a conviction of a second offense, both of which were committed
within a period of 5 years, by a fine not less than $5,000 nor more
than $10,000 or imprisonment for a period not to exceed 15 days, or
both such fine and imprisonment; and for a conviction of a third or
subsequent offense, all of which were committed within a period of
5 years, by a fine not less than $10,000 nor more than $15,000 or
imprisonment for a period not to exceed 15 days, or both such fine
and imprisonment. Each day that a violation continues shall be deemed
a separate violation.
B.
In addition to the penalties set forth herein above, a violation
of this chapter shall constitute disorderly conduct, and the Village
may enforce any provision of this chapter by injunction or by civil
action to recover a civil penalty in an amount not to exceed $20,000
for each violation.