[HISTORY: Adopted by the Board of Trustees of the Village
of Hillburn 6-28-2022 by L.L. No. 3-2022. Amendments noted where applicable.]
The Board of Trustees of the Village of Hillburn wishes to create
an atmosphere where the Village serves as a destination place for
TV and movie production while also recognizing that some disruption
of the peace and tranquility of the Village can result from these
activities. For this reason, the Board of Trustees declares that it
is necessary to regulate and control commercial 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 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 other areas within the Village of Hillburn, including
areas zoned for residential as well as business use.
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.
A.
No person shall film or permit filming within the Village of Hillburn
without first obtaining a permit therefor from the Board of Trustees,
which permit shall set forth the location of such filming; the date
or dates when filming shall take place; the total crew size; and such
other information as may be required by 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. The applicant
shall provide with the application a letter from the Town of Ramapo
Police Department verifying that the applicant has made arrangements
with the Town of Ramapo Police Department for adequate police participation
or that no such police involvement is necessary.
C.
An approved permit issued by the Village Clerk upon approval by the
Board of Trustees, listing each filming location, must be obtained
prior to any filming operations commencing.
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.
At least seven days prior to the issuance of a permit, the applicant
shall notify property owners and/or businesses in writing within a
200-foot radius of the filming activities, except at the discretion
of the Mayor, such notification requirements may be expanded. Notice
shall be provided personally or left at residences and/or businesses
along with a copy of the Filming Notification for Neighborhoods and
Businesses form included with the filming application submitted to
the Village.
A.
No permit shall be issued for filming upon public lands within the
Village of Hillburn unless the applicant for such permit:
(1)
Provides proof of insurance coverage as follows: general public liability
in the amount of not less than $2,000,000 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 of Hillburn 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 Hillburn from any and all claims, actions at law, liability, damages,
attorneys' fees, costs or expenses resulting from the use of
public lands or employees of the Village of Hillburn, in a form acceptable
to the Village Attorney.
B.
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 any representative of the Village with respect thereto.
C.
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.
D.
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.
E.
Filming shall be permitted only Monday through Friday, between the
hours of 7:00 a.m. and 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 foregoing permitted
time period.
F.
The Board of Trustees may refuse to issue a permit whenever it is
determined after a review of the application and a report thereon
from the Town of Ramapo Police Department, if applicable, and by any
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.
G.
Any person aggrieved by a decision of the Board of Trustees granting,
denying or revoking a permit 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.
H.
The Board of Trustees may authorize a waiver of any of the requirements
or limitations of this chapter 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.
Fees associated with this chapter shall be as follows:
A.
A nonrefundable application fee and nonrefundable application fee
for applicants filming for approved educational purposes shall be
as set from time to time by the Village Board of Trustees.
B.
The Board of Trustees shall determine the permit fee on a case-by-case
basis, taking into consideration any facts and circumstances which
it deems to be pertinent.
C.
Upon approval of a permit by the Board of Trustees and prior to issuance
of the same by the Village Clerk, the applicant shall provide a security
deposit in the amount of $5,000 to the Village Clerk. In the event
that the Board of Trustees determines that the conditions of the permit
have been violated, the Board of Trustees may declare that the security
deposit is forfeited in its entirety or in part.
D.
Reimbursement for DPW and other involved Village employees or agencies
and Town of Ramapo Police: time and a half per hour.
E.
Cost of the use of Village buildings to be determined by the Board
of Trustees.
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 $2,500 for the first offense, $3,500 for the
second offense and $5,000 and loss of rights for a period of six months
for the third and subsequent offenses.
This chapter shall be enforced by the Building Inspector and
such other persons as designated by the Board of Trustees and the
Mayor.
