[HISTORY: Adopted by the Board of Trustees of the Village of Hewlett
Neck 12-4-2000 by L.L. No. 2-2000. Amendments
noted where applicable.]
The Board of Trustees hereby finds that it would serve the public interest
to require a permit for use of property in the village for commercial filming
and to establish the standards that will govern application for such permits.
As used in this chapter, the following terms shall have the meanings
indicated:
- FILMING
- The recording, on film, tape or other medium, of motion pictures, commercials, documentaries, shows, performances, athletic or sport events or other similar events or activities, including still photography, with the intention that the end product be distributed commercially or shown or exhibited at any place or locale where an admission fee is charged. The term "filming" shall not include recording of news, political events and local sports or school district events by any person for the purposes of providing news or information about such activities or events, nor activities contained wholly within any building in the village and which involve no physical activity or presence outside such building. The term "filming" also shall not include any recording by the village.
No person, firm, association or corporation shall commence, conduct,
permit or cause filming in the Village of Hewlett Neck unless a permit therefor
has been issued by the Mayor, upon the prior approval of the Board of Trustees,
and unless such filming is in compliance with the terms and conditions of
such permit. As used herein, "filming" shall include the use of public property
for persons, equipment, vehicles, props, cameras and any other items or materials
used in connection with such filming. Where a permit for filming has been
issued in accordance with this chapter, such activity shall be authorized
in accordance with the conditions of such permit and shall be deemed to be
accessory to the residential use of the property where such filming is so
authorized to take place.
A.
An application for a filming permit shall be made on
forms provided by the Village Clerk and shall contain at least the following
information:
(1)
Name, address and telephone number of the person or entity
owning the rights to the film.
(2)
Name, address, telephone number and written consent of
the owner of the property where the proposed filming is to be conducted, and
the name, address and telephone number of the location coordinator or other
contact person.
(3)
Purpose of the filming.
(4)
Specific location of the property to be used.
(5)
Dates and times of day that the property will be used.
(6)
A description of all vehicles and bulky equipment to
be used in connection with the filming, together with the vehicle registration
identification of all such vehicles.
(7)
Such other information as may be required by the Mayor
or Board of Trustees.
B.
Any change in the planned filming activities for which
a permit has been requested or obtained shall be submitted in advance of the
proposed changes and shall be approved or denied in the same manner as the
original application.
C.
Application for a filming permit must be submitted at
least 10 business days prior to the first date of filming, unless the Board
of Trustees waives this condition for good cause.
A.
The Mayor may deny an application for a filming permit
if it does not comply with the purpose and intent of this chapter or if the
public interest will be served by such denial. The Mayor may also deny any
application for a permit in connection with filming which, in the Mayor's
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 or other effect caused by the proposed filming, including
but not limited to the use of explosives, or would unduly interfere for an
extended period of time with the day-to-day activities of citizens, property
owners or merchants. The Mayor shall deny an application for a filming permit
if the Board of Trustees has not given its approval and consent to the issuance
of such permit.
B.
Every permit shall contain a date of commencement and
an expiration date and shall contain the specific hours during which filming
shall occur. No filming shall take place except in accordance with the terms
and conditions of the permit.
C.
At no time shall filming or the use of equipment therefor
be conducted in the residential area between the hours of 11:00 p.m. and 8:00
a.m.
D.
At no time shall filming or the use of equipment thereof
be conducted in the downtown area between the hours of 11:00 p.m. and 8:00
a.m., except that the Board of Trustees may authorize filming during such
hours, upon good cause shown and upon a finding that such filming will not
have any adverse effect on a resident or business in the village.
E.
On Sundays, no filming in any area of the village may
commence before 10:00 a.m.
F.
No filming activity shall intrude or interfere with the
privacy or property of any resident or property owner in the village unless
a written consent is obtained from said resident or property owner.
G.
There shall be no rerouting of traffic in connection
with the filming activity except as specifically authorized by the Board of
Trustees as a condition of the permit approval.
H.
The filming shall be conducted so as not to interfere
with access to fire stations and fire hydrants. Equipment, materials or obstructions
shall not be placed within 15 feet of fire hydrants. Passageways leading to
fire escapes or 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.
I.
The Mayor or Board of Trustees may place further reasonable
conditions and/or limitations on the activity, including hours of operation,
based on the needs of the particular neighborhood or the existence of conflicting
scheduled events, or to protect the public health, safety and general welfare.
A.
The fee for a filming permit shall be established, and
may be amended, by the Board of Trustees by resolution. The fee shall be paid
in cash or certified check prior to the issuance of the permit.
B.
In addition, the applicant shall pay the actual cost
for the use of any village personnel, services or equipment in connection
with the filming. The applicant shall, prior to the issuance of a permit,
pay such costs on an estimated basis and shall also post adequate security
to ensure the payment of any such costs which cannot be reliably estimated.
A.
The Mayor or Board of Trustees, acting on their own initiative
or upon notice from any person, may suspend or revoke a filming permit for
any of the following reasons:
(1)
Violation of any law, rule or regulation of the United
States, the State of New York, the County of Nassau, the Village of Hewlett
Neck or any department or agency thereof.
(2)
Violation of any condition of the permit.
(3)
Conduct that is detrimental to the health, safety or
welfare of the residents of the Village of Hewlett Neck or that is detrimental
to public or private property within the village.
B.
A decision by the Mayor to suspend or revoke a permit
shall be appealable to the Board of Trustees, whose decision thereon shall
be final.
C.
In the event that a permit is suspended or revoked, the
fee paid therefor shall be forfeited and shall not be refunded to the applicant.
D.
Revocation of a filming permit shall bar the offender
from applying for a new permit within one year from the date of the revocation,
and shall bar any further application for a filming permit at the same premises
for a period of one year from the date of revocation.
A.
No permit shall be issued until the applicant has deposited
with the Village Clerk a certificate or policy of liability, personal, bodily
injury and property damage insurance coverage in an amount not less than $3,000,000
naming the Village of Hewlett Neck, its officers, agents and employees as
additional insured, thereby providing defense and indemnity from and against
any claim, loss or damage resulting from the filming for which the permit
is issued.
B.
In addition, the applicant shall deposit with the Village
Clerk a cash bond or letter of credit in an amount to be determined by the
Board of Trustees to guarantee the reconstruction or restoration of any public
or private property damaged as a result of the filming. Such bond or letter
of credit shall be in a form acceptable to and approved by the Village Attorney.
A.
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 without
a permit therefor, shall, upon conviction thereof, be guilty of a violation
and shall be punished as provided for violations of this Code.[1]
B.
In addition to the penalties set forth hereinabove, the
village may enforce any provision of this chapter by injunction or by civil
action to recover a civil penalty in an amount not greater than $2,500 for
each day on which a violation occurs.
