City of Mount Vernon, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Mount Vernon 8-12-1981, approved 8-13-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Department of Recreation — See Charter, Art. VIII-A.
Department of Public Works — See Charter, Art. IX.
Department of Public Safety — See Charter, Art. X.
A. 
No person, persons, organization, corporation or group of any kind shall film a commercial, movie, documentary, television program or any other presentation upon the streets, sidewalks or any other property within the limits of the City of Mount Vernon without first obtaining a permit for such activity.
[Amended 9-14-2016, approved 9-16-2016]
B. 
Any person, persons, organization, corporation or group desiring a permit for the aforesaid purpose shall make an application therefor on a form to be obtained from the office of the City Clerk. Said application shall contain the name and address of the applicant; the name and address of the organization, group or corporation, if applicable; the proposed location of the filming; and the date(s) and time the permit is intended to cover.
C. 
The application fee shall be $750. However, this fee will be waived for applicants filming on City property who are required to pay the daily permit fee.
[Added 9-14-2016, approved 9-16-2016]
[Amended 9-13-2000, approved 9-14-2000]
Every application for a filming permit shall include proof of a public liability insurance policy, to be approved by the Corporation Counsel, covering the City of Mount Vernon as an additional insured, in the amount of $1,000,000 single limit, for the duration of the filming. The applicant shall also agree to assume all liability for and will indemnify and hold the City of Mount Vernon harmless of and free from any and all damages that occur to persons or property by reason of said filming.
A. 
Event application for a filming permit must be approved by the Commissioner of Public Safety or his designee, as the Department of Public Safety shall be responsible for any street closing and/or temporary traffic regulations necessary during filming. Approval of said Commissioner shall be conditioned upon the applicant's agreeing to provide, at his or her own expense, any security officers the Commissioner or his designee deems necessary for the protection of the citizens or for the direction of traffic during said filming.
B. 
No public street shall be closed as a public thoroughfare under the authority of this chapter for more than three hours on any given day.
[Amended 9-13-2000, approved 9-14-2000]
A. 
If said filming is to be done on any public street or sidewalk or on any other public property not under the supervision of the Commissioner of Recreation, the following requirements shall also be met:
(1) 
Said application shall be approved by the Commissioner of Public Works.
(2) 
Said application shall be accompanied by an administrative fee of $2,000 per day for filming in the following zoned districts; CB Commercial Business District, DB Downtown Business District, NB Neighborhood Business District, and OF Office Business District; $1,500 per day for all other zoning districts; and after the 7th day, fee shall be $1,000 per day. For the purpose of determining the applicable administrative fee under this subsection, a day shall be deemed to begin at 12:01 a.m. and terminate at 12:00 midnight. For film shoots that include multiple locations, a location fee of $1,000 shall be charged for each additional location.
[Amended 11-13-2013, approved 11-14-2013; 9-14-2016, approved 9-16-2016; 7-14-2017, approved 7-14-2017]
(3) 
Subject to the discretion of the City Clerk, certain City-owned properties will require additional rental and permit fees to be determined by the City Clerk based upon the time, usage, and operations of such filming, within, near and about said City-owned properties.
(4) 
Additional permit fees for public properties must be paid pursuant to Chapter 170 of the Code of the City of Mount Vernon.
B. 
The Commissioner of Public Works shall be responsible for supervision of the area during the duration of the filming. Prior to the issuance of a permit herein, the applicant shall be required to make a deposit by cash, certified check or money order with the City Clerk in an amount to be determined by the Commissioner of Public Works. Said deposit shall be utilized by the City to reimburse the City for the costs it incurs in the cleaning and sanitation at and about the location of such filming. The Commissioner of Public Works shall certify to the City Clerk the total amount of the costs incurred by the City in the cleaning and sanitation at and about the location of such filming, which costs shall be deducted from such deposit and paid to the City. In the event such costs exceed said deposit, the applicant shall pay the difference to the City Clerk upon demand. In the event the deposit exceeds such costs, the City Clerk shall return the difference, without interest thereon, to the applicant. In the event the City incurs no costs for the cleaning and sanitation at and about the location of such filming, then in that event, the applicant's deposit, without interest thereon, shall be returned to the applicant by the City Clerk. The Commissioner of Public Works, in his sole discretion, shall determine the necessity and costs for said cleaning and sanitation services at and about the location of such filming.
[Amended 9-13-2000, approved 9-14-2000]
A. 
If said filming is to be done on any public property under the supervision of the Commissioner of Recreation, the following requirements shall also be met:
(1) 
Said application shall be approved by the Commissioner of Recreation, after consultation and coordination with the City Clerk, who has lead responsibility in processing and administering all film permit requests on behalf of the City.
[Amended 5-14-2014, approved 5-15-2014]
(2) 
Said application shall be accompanied by an administrative fee of:
(a) 
One thousand five hundred dollars per day for any one day, or a portion thereof, of filming and $1,500 per day for each additional day or any portion thereof. For purposes of this section, "day" shall be defined as any period of time on any given date occurring between 12:01 a.m. and 12:00 midnight.
[Amended 5-14-2014, approved 5-15-2014]
(b) 
Additional permit fees for public properties must be paid pursuant to Chapter 170 of the Code of the City of Mount Vernon.
(c) 
If City-operated lighting is required, the applicant must pay an additional fee as determined by the Commissioner of Recreation based upon the time, usage and operation of such City-operated lighting.
(3) 
If an applicant desires to extend the permit beyond the date(s) set out in the original application, he or she may do so by paying the additional administrative fee as calculated in Subsection A(2) above, provided that such request for the extension is made within 14 days of the last date set out in the permit or the last extension granted thereto, and further provided that the insurance policy, as required by § 128-2, is extended to cover the period of extension.
B. 
The Commissioner of Recreation shall be responsible for supervision of the area for the duration of the filming.
[Amended 9-13-2000, approved 9-14-2000]
Any administration fee collected under this chapter shall be paid either in cash, money order or certified check made payable to the City of Mount Vernon.
A. 
Upon completion of the application procedure by the applicant, said application shall be countersigned by the Mayor and the City Clerk, and a permit shall issue.
B. 
Said filming permit shall issue from and be signed by the City Clerk and shall set forth the name of the filmer and the location, date and time for such filming.
C. 
A copy of said permit shall be forwarded to the Fire Commissioner by the City Clerk.
D. 
A copy of said permit shall be available for inspection by the Commissioner of Public Safety, Commissioner of Public Works or Commissioner of Recreation, or their designees, at the site of the filming and throughout the duration of said filming.
[Amended 9-13-2000, approved 9-14-2000; 7-14-2017, approved 7-14-2017]
Should the applicant choose to cancel or modify any provision of his or her permit prior to use, notice of such intent must be given to the City Clerk by 9:30 a.m. two business days prior to the first day named on said permit; the City Clerk shall immediately notify all affected departments. Should this date fall on a holiday or a weekend, notice shall be given to the City Clerk by 9:30 a.m. of the next business day.
A. 
Failure to so notify the City Clerk with regard to a cancellation will result in the forfeiture of $250 of the administrative fee. Full refund shall be made to the applicant if proper notice is received.
B. 
Failure to notify the City Clerk with regard to a modification will result in the imposition of an additional administrative fee of $250. No charge shall be made to modify said permit as to time or place of filming if proper notice is received.
A. 
The provisions of this chapter pertaining to insurance and payment of fees shall not apply to any department of the City of Mount Vernon, to any group sponsored by the Board of Education of the Mount Vernon School District or to any concern filming by reason of a duly executed contract between itself and the City of Mount Vernon or any department thereof.
B. 
Application for waiver of these provisions may be made to the City Council, prior to filming, by any nonprofit organization desiring to obtain a permit under these provisions.
[Amended 9-13-2000, approved 9-14-2000]
Any person, persons, organization, corporation or group not complying with any provision of this chapter shall be guilty of a violation punishable by a fine of not more than $1,000 per day or imprisonment not to exceed 15 days, or both such fine and imprisonment.