[HISTORY: Adopted by the Village Board of the Village of
Airmont 12-3-2018 by L.L. No. 17-2018. Amendments noted where applicable.]
The Board of Trustees of the Village of Airmont wishes to create
an atmosphere where the Village serves as a destination place for
filming movies, shows and other productions while also recognizing
that those activities can cause disruption of the peace and tranquility
of the Village and create possible hardships, inconvenience, dangers
and discomfort as a result of lights, sounds and traffic issues. For
this reason, the Board of Trustees declares that it is necessary to
regulate and control filming in the Village both on public as well
as private property.
As used in this chapter, the following terms shall have the
meanings indicated:
The taking of still or motion pictures, either on film, videotape
or similar recording medium, for commercial or educational purposes
intended for viewing on television, through the Internet, or in theaters
or for institutional use. Filming shall include setup and breakdown
time.
An owner of property or an applicant for a permit under this
chapter.
All areas within the Village of Airmont, including areas
zoned for residential as well as business use, other than public lands.
Any and every public building, street, highway, sidewalk
or square, public park or playground or other public place within
the jurisdiction and control of the Village of Airmont.
A.
No person shall film or permit filming within the Village of Airmont
without first obtaining a permit therefor from the Village Clerk.
The permit application shall require the applicant to set forth the
location of such filming; the date or dates when filming shall take
place; parking plans and any mitigating measures proposed; demonstration
of the continued emergency access to the filming location and adjacent
properties; the planned use of any pyrotechnics or explosive devices;
the telephone number of a person who will be available 24 hours a
day during the activity and who shall have control of and responsibility
for the direction of all participants in the permitted activity; and
such other information as may be required by the Village Building
Inspector. Notwithstanding the foregoing, any filming which is scheduled
to last more than six consecutive days or shall require the closing
of a public street shall require the additional approval of the Board
of Trustees.
B.
Applications for permits shall be obtained from the Village Clerk
during normal business hours. Applications for such permits shall
be in a form approved by the Board of Trustees and shall be accompanied
by an application and permit fees as hereinafter set forth. Completed
applications shall be reviewed by the Building Inspector, who may
consult with the Ramapo Police Department and/or other Village code
officials.
C.
An approved permit issued by the Building Inspector, listing each
filming location, must be obtained prior to any filming operations
commencing. The filming permit shall be conspicuously posted at the
filming site or made readily available upon request by any Village
official, code officer, police officer or member of a fire department.
D.
If a permit is issued and, due to inclement weather or other good
cause, filming does not take place on the dates specified, the Village
Clerk may, at the request of the applicant who shall certify that
filming did not take place on the dates specified, issue a new permit
for filming on other dates subject to full compliance with all other
provisions of this chapter. No additional fee shall be paid for this
permit.
E.
Concurrent with filing its permit application, the applicant shall
provide notice, in writing, to all properties within a two-hundred-foot
radius of the filming activities, except in the NS and VC Zones where,
at the discretion of the Building Inspector, such notification requirements
may be expanded. Notice shall be provided by personally delivering,
taping to the front door, or mailing to each property a copy of the
fully completed Filming Notification for Neighborhoods and Businesses,
which form shall be approved by the Board of Trustees and provided
to the applicant with the permit application. For purposes of this
notice, each separate business shall be deemed a separate property.
F.
The Chief of Police may require, as a condition of any permit, that
the applicant utilize the services of that number of Town of Ramapo
police officers that the Chief of Police deems necessary to ensure
the public safety at the location of the filming, videotaping or recording
at a rate consistent with the overtime provisions of the existing
collective bargaining agreement.
G.
Provisions must be made, and set forth in the permit application,
for parking all production, craft service and crew vehicles in compliance
with all parking laws and rules. Applicants must demonstrate that
equipment and/or vehicles will not obstruct emergency access to the
filming location or nearby properties.
H.
No permit shall be issued under this chapter for filming at a location
that does not have a valid certificate of occupancy and/or firesafety
certificate, if applicable, or if there are open building or safety
code violations at the location.
A.
No permit shall be issued for filming at a particular location within
the Village of Airmont which would permit filming at said location
on more than six days during any one calendar year, unless approved
by the Board of Trustees.
B.
No permit shall be issued for filming upon public lands unless the
applicant for such permit:
(1)
Provides proof of insurance coverage as follows: general liability
in the amount of not less than $1,000,000 combined single limit; automobile
liability covering owned and nonowned vehicles in the amount of not
less than $2,000,000 combined single limit; and workers' compensation
and disability insurance as required by the State of New York. The
Village shall be named as an additional insured for the entire time
granted by the permit.
(2)
Agrees, in writing, to defend, indemnify and hold harmless the Village
of Airmont from any and all claims, actions at law, liability or damages
resulting from the use of public lands or employees of the Village
of Airmont.
C.
The holder of a permit shall take all reasonable steps to minimize
interference with the free passage of pedestrians and traffic over
public lands and shall comply with all lawful directives issued by
the Ramapo Police Department with respect thereto.
D.
The holder of a permit shall conduct filming in such a manner as
to minimize the inconvenience or discomfort to adjoining property
owners attributable to such filming and shall, to the extent practicable,
abate noise and park vehicles associated with such filming off the
public streets. The holder shall avoid any interference with previously
scheduled activities upon public lands and limit, to the extent possible,
any interference with normal public activity on such public lands.
E.
The holder of a permit shall take all reasonable steps to minimize
the creation and spread of debris and rubbish during filming and shall
be responsible for the removal of all equipment, debris and other
rubbish from the filming location upon the completion of the filming
or upon the expiration of the permit, whichever comes first.
F.
Filming shall be permitted only Monday through Friday, between the
hours of 7:00 a.m. and 8:00 p.m., except in the NS and VC Zones, where
filming shall be permitted only Monday through Thursday, 7:00 a.m.
through 8:00 p.m., unless approved by the Board of Trustees. In this
connection, the arrival and setup of equipment and vehicles and the
breakdown of such equipment and vehicles at the end of the filming
shall be accomplished within the permitted time period.
G.
The Village Clerk or the Board of Trustees may refuse to issue a
permit whenever it is determined, on the basis of objective evidence
after a review of the application and a report thereon from the Ramapo
Police Department or fire department having jurisdiction and by any
other applicable Village departments or agencies involved with the
proposed filming site, that filming at the location and/or the time
set forth in the application would violate any law 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 free flow of pedestrian and vehicular traffic or otherwise
endanger the public health and welfare or unreasonably disturb the
peace and tranquility of adjoining property owners.
H.
Any person aggrieved by a decision of the Village Clerk or the Board of Trustees granting, denying or revoking a permit or a person requesting relief pursuant to Subsection G may appeal in accordance with Article 78 of the Civil Practice Law and Rules. Any such appeal must be filed not later than 30 days after the decision of the Board.
I.
The Board of Trustees may authorize a waiver of any of the requirements
or limitations of this chapter, except as relates to minimum fire
and safety standards set forth in the Code, and may authorize filming
other than during the hours and days herein described whenever it
determines that such a permit may be issued without endangering the
public health, safety and welfare and without unreasonably disturbing
the peace and tranquility of the neighborhood where it is proposed
to film. A public hearing shall be held for every application for
a waiver. The Village Board shall fix the time and place of such a
hearing and shall give written notification to abutting and adjacent
property owners.
Fees associated with this chapter shall be as set forth in Village Code § 106-6M. The fees required under this chapter may be waived in connection with filming for charitable, student films and/or other nonprofit purposes upon submission of the Fee Waiver Request Form. "Student films" means filming by student(s) pursuant to the curriculum of an educational institution chartered by the State of New York.
The provisions of this chapter shall not apply to the filming
of news stories by media personnel.
Any person who shall violate or permit the violation of any
of the provisions of this chapter shall be subject to a fine in an
amount not less than $500 for the first offense, $1,000 for the second
offense and $1,000 and loss of rights for a period of six months for
the third and subsequent offenses. Where the owner of a premises on
which filming occurs is not the applicant for the permit, the owner
and the applicant shall each be liable for any violations of this
chapter.
As to private property, this chapter shall be enforced by the
Building Inspector, Fire Inspector and/or Village Code Enforcement
Officer, and as to public property, this chapter shall be enforced
by the Ramapo Police Department. This chapter may also be enforced
by direct action of the Board of Trustees.
