[HISTORY: Adopted by the Town Board of the
Town of East Fishkill 9-24-2020 by L.L. No. 7-2020. Amendments noted where
applicable.]
The Town has experienced a significant increase in requests
to film in the community. Because filming has the potential to disrupt
orderly life in a small community, the public welfare and safety require
that it be appropriately regulated and that applications for filming
be handled in a consistent manner.
A.
No commercial, movie, television program, documentary or similar
presentation, or any portion thereof, shall be filmed, videotaped,
recorded or otherwise made on any private property or public property,
including but not limited to streets, sidewalks, parks and buildings,
in the Town of East Fishkill without first obtaining a permit. A permit
shall be required for the running of cable, the placing or storing
of equipment of any kind, the parking of vehicles used in connection
with filming or any other film-related activity on any public or private
property within the Town or for any other use of such property for
the purpose of filming.
B.
An application for a permit shall be submitted to the Town Clerk
on an application form to be provided by the Town Clerk.
C.
An application for a filming permit, including any preparatory running
of cable, placement or storing of equipment or other activity related
to the filming process, must be submitted at least seven days prior
to the date the filming is to take place for a one-day shoot and 14
days for any shoots of more than one day.
D.
Time restrictions.
(1)
The applicant shall submit a proposed filming schedule with its application.
The Town Supervisor, with the advice of the Town Engineer, Highway
Superintendent and the Police Chief, may accept, deny, or modify the
proposed filming schedule. Any modification by the applicant to an
approved filming schedule is subject to the same review requirements
as the initial proposed filming schedule.
E.
The Town Supervisor, with the advice of the Town Engineer, Highway
Superintendent and Police Chief, shall have the authority to approve
or disapprove an application for a permit and to establish such conditions
for filming as deemed necessary to protect the health, safety, and
welfare of the residents of the Town of East Fishkill.
A certificate of insurance must be submitted with the application
for any filming permit involving the use of public or private property
for the purpose of making films, naming the Town of East Fishkill
as an additional insured, in the following amounts:
Applications for filming on public property shall require approval
by the Town Board.
A.
An applicant shall be responsible for all costs associated with the
use of Town employees during the filming process. Payment of the estimated
costs, as determined by the fee schedule adopted by the Town Board,
shall be made in advance of the filming and shall be a condition of
the permit. Any adjustment upward or downward, based on the actual
costs incurred by the Town, shall be made after the filming is completed.
B.
The decision whether to use Town employees shall be the responsibility
of the Town Supervisor, with the advice of the Town Engineer, Highway
Superintendent and Police Chief.
C.
If the Town determines that the use of police officers is needed
for crowd and/or traffic control, then the applicant is solely responsible
for these costs.
Fees shall be adopted by resolution of the Town Board.
An applicant must comply with all sections of the Town Code
and the New York State Uniform Fire Prevention and Building Code,
and must obtain all necessary permits in addition to the filming permit.
The Building Department or any of its designated agents shall
have the right to inspect the area of filming without providing prior
notice.
No applicant who has been previously convicted of a violation
of this chapter shall be granted a permit hereunder for a period of
18 months from the date of such conviction.
Any person or entity who shall fail to comply with any of the
provisions of this chapter shall, upon conviction thereof, be subject
to a fine of $500 or imprisonment for a term not exceeding 15 days,
or both such fine and imprisonment. Each violation of any provision
of this chapter shall be a separate and distinct offense; and, in
the case of a continuing violation, every day's continuance thereof
shall be deemed to be a separate and distinct offense.
This chapter shall not apply to the filming by a television
news crew of an event occurring contemporaneously within the Town
of East Fishkill.
