Town of Hyde Park, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Hyde Park 11-4-2019 by L.L. No. 10-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 52, but was renumbered to maintain the organization of the Code.
It is the intent of the Town to facilitate, but not solicit, producers and others within the mass communications industries, including commercial filming, television advertising, and commercial photography, to make use of the Town and its environs as a setting for motion picture films, television shows, commercials, and photographs, but only insofar as such use is at all times compatible, and does not interfere, with the lifestyles and day-to-day activities of the Town's citizens and merchants.
For the purpose of this chapter, the following terms, phrases, and words and their derivations shall have the following meanings given herein:
FILMING
The recording on film, videotape or other medium of movies, commercials, documentaries, serials, shows, performances, or other similar events or activities, including still photography, but not to include the coverage of news, political, cultural, local sports or school events.
PERMITTEE
Any person, firm, organization, or business entity which has been issued a permit under the provision of this chapter.
PUBLIC PROPERTY
Any realty or personal property or interest therein owned by the Town of Hyde Park, including all streets, parks and public places, lands, lands underwater, waterfront property, and every estate, interest and right, legal or equitable, therein.
No person, firm, corporation, organization, or business entity shall commence filming in the Town of Hyde Park on public or private property, unless the filming to be conducted, maintained or operated is issued a permit in the manner prescribed herein.
A. 
The permit prescribed by this chapter shall be issued by the Town Zoning Administrator. If at the time the application is made the Zoning Administrator is unavailable, the permit may be issued by the Building Inspector or Deputy Building Inspector who may exercise all of the power and authority vested in the Zoning Administrator pursuant to this chapter.
B. 
Application shall be made on a form containing such information as may be determined by the Town Board, and shall be accompanied by the production schedule, schedule and description of all dangerous activities and use of explosives, and a list of all vehicles and their permit plate numbers, to include both the applicant's vehicles and vehicles of the applicant's personnel.
C. 
Each permit shall expire on the date set forth on the permit.
D. 
Applications shall be filed in the office of the Town Clerk.
No permit shall be issued until the application has been approved by the Town Zoning Administrator, subject to the following:
A. 
In the approval of the application, the Town Zoning Administrator shall specifically fix the filming location or locations.
B. 
In the approval of the application, the Town Zoning Administrator shall specifically fix the days and hours of filming.
C. 
The Town Zoning Administrator may deny any application or limit any permit which, in his judgment, would conflict with other scheduled events in the area of the filming location, would be detrimental to the community because of anticipated excessive noise, illumination, traffic disruption, or other effect caused by the proposed extended period of time with the day-to-day activities of citizens, property owners or merchants or would interfere with the public health, safety, and welfare of the Town's citizens.
D. 
Any change in the permit holder's planned activities shall be submitted to the Town Zoning Administrator in advance of the change and approved or denied in the same manner as the original permit application.
The fee to be paid shall be determined by the Town Zoning Administrator for each permit, including a permit for a portion of a day, as follows:
A. 
Permit fee for use of public property. The minimum fee shall be $500 per day, and the maximum fee shall not exceed $5,000 per day. The Town Zoning Administrator, in determining the specific fee to be required, shall take into consideration the following factors which would denote a greater use of public property and therefore require higher fees:
(1) 
Use of public parking spaces.
(2) 
Use of vehicle travelways requiring the rerouting or directing of vehicular traffic.
(3) 
Use of pedestrian travelways requiring the rerouting or directing of pedestrian traffic.
(4) 
Use of public buildings.
(5) 
Use of other public areas during normal operating hours.
(6) 
The size of the filming location.
(7) 
The number of filming locations.
(8) 
The number of hours the filming location or locations will be used.
(9) 
Use or involvement of Town personnel, including the Police Department.
(10) 
Use or involvement of Town equipment.
(11) 
Use of explosives.
(12) 
Dangerous activities.
B. 
Permit fee for use of private property. The minimum fee shall be $500 per day, and the maximum fee shall not exceed $5,000 per day.
C. 
The Town of Hyde Park and the Hyde Park School District and not-for-profit community agencies operating with the Town shall be exempt from such permit fee.
D. 
In the event that a permit issued pursuant to this chapter is suspended or revoked in accordance with the provisions of § 52-7 of this chapter, the applicant shall not be entitled to a refund of any portion of the fee.
A. 
The Town Zoning Administrator, on his/her own initiative or upon notice from any public official of the Town, is empowered to suspend or revoke, upon written notice, a permit issued pursuant to this chapter for any of the following reasons:
(1) 
Violation by the permittee's agents, employees, contractors or subcontractors of any law or ordinance or any rule or regulation of any agency of the state, county or Town.
(2) 
Permittee has permitted disorderly conduct or conduct detrimental to health and safety of others or permitted or allowed conduct constituting a breach of the public peace at the permitted location.
(3) 
Abrogation of any agreement, written or oral, between the permittee and the Town Zoning Administrator or any other public official of the Town.
B. 
Revocation of a permit pursuant to the above conditions shall bar such offender from applying for a new permit within one year from the date of revocation.
A. 
The permittee must give notice to residents of the proposed filming location in a manner specified by the Town Zoning Administrator.
B. 
Noise shall be limited in accordance with the provisions of the Town Code.
C. 
Routing of traffic shall be subject to the same provisions as street opening in the Town Code.
D. 
The filming shall be conducted so as not to interfere with access to fire lanes and fire hydrants. Equipment, materials or obstructions shall not be placed within 15 feet of fire hydrants. Passageways leading to fire escapes, fire lanes and fire-fighting equipment shall be kept free of equipment, materials or obstructions. Parking spaces for the handicapped shall be kept free of equipment, materials or obstructions.
E. 
A filming permit granted for private property shall confine such filming to that property.
F. 
Applications for a filming permit must be submitted five days prior to the first date of filming.
G. 
Any additional costs that are incurred by the Town by reason of the filming shall be borne by the permittee, including, but not necessarily limited to, all costs of police protection or road closure administration. Any requirement for the assignment of Town personnel shall be determined by the Town Zoning Administrator prior to the filming.
The permittee shall indemnify the Town and hold the Town harmless from any and all damages, claims or injury resulting from the permittee's filming activities conducted pursuant to the permit, including reasonable attorneys' fees. The permit shall not be issued until the applicant shall furnish a policy of insurance in such amount as shall be fixed by the Town Zoning Administrator and, in any event, in an amount not less than $1,000,000, indemnifying and saving harmless the Town of Hyde Park, its officers, agents, and employees from and against any claim, loss, or damage resulting from the filming operations permitted under this permit in the Town of Hyde Park and for the payment of all damages for bodily injury or property damage which may be caused to any person by reason of the filming operations performed under the permit and arising from any acts or omissions of the permittee, his agents, employees, contractors, or subcontractors. In addition, the applicant must product certificates of insurance showing adequate liability insurance in the applicant's name. Such certificates shall also be approved by the Town Attorney. Further, the Town Zoning Administrator may require the posting of a bond in an appropriate case to insurance restoration of the filming location.
Any person aggrieved by the action of the Town Zoning Administrator in connection with the denial of an application for a filming permit may take an appeal therefrom to the Committee for review, consisting of the Town Supervisor and one Town Board member. The Committee shall review such appeal and may reverse, modify or affirm the action of the Town Zoning Administrator upon a finding that the action of the Town Zoning Administrator was arbitrary, capricious or not supported by substantial evidence.
Any person, firm or corporation who shall violate or fail, neglect or refuse to comply with any provision of this chapter or any rule or determination made thereunder, or who shall undertake filming in the Town of Hyde Park without a permit issued hereunder, shall, upon conviction thereof, be punished by a fine of not more than $250 or by imprisonment for not more than 15 days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. Said prosecution and/or conviction shall not be a bar to a civil action to recover a civil penalty in like amount, nor shall either be a bar to a civil action by the Town or an injured person for actual damages.
This chapter shall be enforced by the Zoning Administrator and/or the Police Department.
Whenever words of the masculine or feminine gender appear, they shall be deemed both male and female persons. This construction shall apply to gender-indicative suffixes or prefixes as well as to gender-indicative words. Whenever the reference is to a corporation, board, body, organization or other entity comprised of more than one person or to an assemblage of persons or to an inanimate object, the reference shall be construed to be neutral in gender.