[HISTORY: Adopted by the Town Board of the Town of Philipstown 5-16-2007
by L.L. No. 4-2007. Amendments noted where applicable.]
A.
The Town Board finds that interest in filming, videotaping
and recording on private and public property has been increasing in the Town
of Philipstown for commercial purposes, which has resulted in possible hardship,
inconvenience, danger and discomfort to large numbers of residents of the
Town of Philipstown due to disruption of traffic on public streets and in
private neighborhoods.
B.
By reason of the foregoing, the Town Board finds that
the health, safety and welfare of the residents of the Town of Philipstown
will be served by the adoption of a local law which provides a means of regulating,
by license, any filming, videotaping or recording, in a commercial manner,
on public or private property.
C.
The Town Board does hereby ordain and enact this chapter
to accomplish the aforesaid purposes.
As used in this chapter, the following terms shall have the meanings
indicated:
The recording of film, videotape or other medium of motion pictures,
commercials, documentaries, shows, performances, athletic or sport events,
or other similar events or activities, including still photography. Filming
by and intended for the exclusive use of the owner and his/her immediate family
shall be excepted herefrom. Filming should include setup and breakdown time.
All other areas within the Town of Philipstown other than public
lands, 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 Town of Philipstown.
No person shall film or permit filming within the Town of Philipstown
without first obtaining a permit therefor from the Town Board.
An application for a filming permit shall be made on forms required
by the Town Board, which forms may be established and/or amended by resolution,
and which shall contain at least the following information:
A.
Name, address and telephone number of the person or entity
making the film.
B.
Name, address and telephone number of the location coordinator
or other contact person.
C.
Purpose of the filming.
D.
Specific location of each property to be used in the
filming.
E.
Dates and times of day that the property will be used.
F.
A description of all vehicles, equipment, props and sets
to be used in connection with the filming.
G.
Name and address of owner(s) of property.
H.
Consent of owner(s) of property.
I.
Child performer permit for each performer under the age
of 18.
J.
Such other information as may be required by the Town
of Philipstown.
A.
Every permit shall contain a date of commencement and
an expiration date and shall contain the specific hours during which filming
shall occur.
B.
At no time shall filming or the use of equipment therefor
be conducted between the hours of 11:00 p.m. and 8:00 a.m., unless otherwise
approved by the Town Board. The Town Board may require the written consent
from a private property owner and/or approval from the Code Enforcement Officer.
C.
No filming shall commence prior to 10:00 a.m. on Sundays,
unless otherwise approved by the Town Board.
D.
The Town Board may place further reasonable limitations
on the hours of operation based on the needs of the particular neighborhood
or the existence of conflicting scheduled events.
E.
Permits shall be valid for 30 days. Filming for longer
than 30 days shall require a separate permit(s).
F.
No permit shall be issued for filming within the Town
of Philipstown unless the applicant for such permit:
(1)
Provides proof of insurance coverage as follows: general
public 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 $1,000,000 combined single limit; and workers' compensation
and disability insurance as required by the State of New York. The Town of
Philipstown 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 Town of Philipstown from any and all claims, actions at law, liability
or damages resulting from the use of public or private lands within the Town.
G.
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 with respect
thereto.
H.
The holder of a permit shall conduct filming in such
a manner as to minimize 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.
I.
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.
J.
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.
K.
The Town Board may refuse to issue a permit whenever
it is determined, on the basis of objective evidence after a review of the
application and any other investigation and/or report required by the Town
Board, that filming at the location and/or the time set forth in the application
would violate any law, would unreasonably interfere with the public's
use of public lands, would unreasonably interfere with the use and enjoyment
of adjoining properties, would unreasonably impede the free flow of pedestrian
and/or vehicular traffic or would otherwise endanger the public health, safety
or welfare or unreasonably disturb the peace and tranquility of adjoining
property owners.
L.
The Town Board 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.
M.
The Town Board may impose additional restrictions or
conditions on any filming permit if it determines they are warranted.
N.
The Town Board may deny an application for a filming
permit if it determines that it will create a hazardous condition, interfere
with the use of Town roads or public lands, create a nuisance to Town residents,
or violate any provision of the Town Code.
O.
Any person aggrieved by a decision of the Town Board
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 instituted
no later than 30 days after the decision of the Town Board.
A.
The Town Board may suspend or revoke a filming permit
issued for any of the following reasons:
B.
A decision of the Town Board to suspend or revoke a permit
shall be appealable in accordance with Article 78 of the Civil Practice Law
and Rules, and must be instituted no later than 30 days after the decision
of the Town Board.
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 applicant shall pay an application fee for each
permit in accordance with a fee schedule which shall be established by, and
may be amended from time to time by, resolution of the Town Board.
B.
If it is determined that the filming may involve the
potential of damage or injury to public land, the Town Board may require the
applicant to post a security deposit or other assurance with the Town to be
used to repair any such damage or injury on conclusion of filming. Any unused
security shall be returned to the applicant. The security shall be in the
form of a cash bond or in such other form as the Town Board may require.
A.
Any person who or which violates any provision of this
chapter shall be guilty of an offense. Such offense shall be punishable by
a fine of not more than $1,000 per offense or by imprisonment not exceeding
15 days, or by both such fine and imprisonment. Each day such violation occurs
shall constitute a separate offense.
B.
In addition to the penalties set forth above, the Town
may enforce any provision of this chapter by injunction or by civil action
to recover a civil penalty in an amount not to exceed $2,500 for each violation.
C.
Notwithstanding any of the foregoing, 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.
No filming permit shall be deemed to authorize the violation by any
person of any general or local law, code, rule or regulation.
The provisions of this chapter shall not apply to:
A.
Filming of news stories by public media.
B.
Filming permitted by school districts within the Town
of Philipstown (sport events, plays, etc.).
C.
Filming for or in connection with political campaigns.
D.
Filming of governmental events.
E.
Filming by emergency service organizations within the
Town of Philipstown.
This chapter shall be enforced by the Code Enforcement Officer. This
chapter may also be enforced by direct action of the Town Board.
