[HISTORY: Adopted by the Town Board of the Town of North Salem 12-12-1995 by L.L. No. 6-1995. Amendments noted where applicable.]
The Town Board finds that significant filming, videotaping and recording on private and public property, if it occurred in the Town of North Salem for commercial purposes, would create hardship, inconvenience, danger and discomfort to large numbers of citizens and residents of the Town of North Salem because of the inconvenience and disruption of traffic which would be placed on the public streets and in private neighborhoods.
By reason of the foregoing, the Town Board finds that the health, welfare and safety would be served by adoption of a local law providing a means of regulating, by license, the undertaking of any filming, videotaping or recording in a commercial manner on private or public property.
The Town Board does hereby ordain and enact this chapter to accomplish the aforesaid purposes.
[Amended 12-8-1998 by L.L. No. 10-1998]
No movie, documentary television program, commercial or similar presentation or any portion thereof shall be filmed, videotaped, recorded or otherwise made on any private or public property within the Town of North Salem whether or not a fee is to be paid or anything of value changes hands for such use of the property unless the owner or tenant in control of the personal property or the Supervisor of the Town of North Salem for public property, hereinafter sometimes referred to as the "applicant(s)," first makes an application to and obtains a license from the North Salem Town Board for the filming, videotaping or recording. Said license shall be readily available for inspection by Town officials at all times at the site of the filming. For the purposes of this chapter, "filming" shall be deemed to include still photography.
Applications may be submitted to the Town Board, in person or by mail, and must contain at least the following information:
The name of the applicant.
The location of the property where filming, videotaping, etc., is to take place.
The dates when said filming, videotaping, etc., is scheduled to occur.
Whether the applicant is the owner or tenant in possession of the property and, if the applicant is not the owner, the name, address and consent of the owner of property.
The name of the person or entity the applicant wishes to allow to film, videotape, etc.
Dates within the previous twelve-month period that any filming was conducted at the location.
The applicant shall notify and provide all contiguous or adjacent property owners to the property being utilized with a copy of the application, use plan and all supporting documents, by certified mail, return receipt requested, simultaneously with its filing with the Town Board.
The applicant shall submit a use plan showing the days and hours of the proposed operation, parking plans and any mitigating measures proposed along with the name, local address and local telephone number of a person who will be available 24 hours a day during the activity and who shall have control of and responsibility for the direction of all participants in the permitted activity and for the property for which the activity is permitted.
The Board shall seek the advice of the Chief of Police, the Building Inspector and the Superintendent of Highways in reviewing such plans.
The Board shall attach conditions and safeguards ensuring the orderly conduct of the activity and the minimization of impact of such use and shall specify the duration and hours of operation of such activity.
The Town Board may require the applicant to post reasonable bond to assure adherence to the license conditions set forth. The Board may further require an applicant to furnish the Town with a hold-harmless and indemnification agreement, together with a certificate of insurance relieving the Town from any potential liability by virtue of the applicant's activities. The Town Board may further require, as a condition of any license, that the applicant utilize the services of a Town of North Salem police officer at a rate payable in advance of $250 for each four-hour period or part thereof.
The Chief of Police shall have the power to enforce or cause to be enforced the conditions set by any license granted under this section.
Site plan approval by the Planning Board is not required for licenses issued under this section.
Each applicant shall pay a daily fee to the Town of North Salem of $500 for filming, videotaping or recording on private property and $750 for any filming, videotaping or recording on public property.
Filming, recording, videotaping, etc., for which a license is required under § 90-2 above shall in no event be conducted at the same location (i.e., in the same building or at the same street address) for more than any portion of three calendar days within any twelve-month period.
Unless the Town Board provides otherwise, by resolution, no applicant shall permit any filming, recording, videotaping, etc., for which a license has been issued to be conducted prior to 8:00 a.m. or after 7:00 p.m.
Unless the Town Board provides otherwise, by resolution, no applicant shall permit equipment used in connection with such filming, including but not limited to lights and generators, etc., to be operated at the location described in § 90-3A(2) prior to 8:00 a.m. or after 7:00 p.m. No applicant shall permit equipment to be used in connection with the filming, videotaping, etc., to be set up outdoors at the location prior to 8:00 a.m., and all such equipment shall be removed from outdoors by 7:00 p.m.
The applicant shall take all reasonable steps to minimize the creation and spread of debris and rubbish during filming and shall be responsible for removing all debris and other rubbish from the filming location upon the completion of the filming or the expiration of the license, whichever shall occur first.
The Town Board may authorize a waiver of any of the requirements and/or limitations of this chapter whenever it determines that strict compliance with such limitations or requirements will pose an unreasonable burden upon the applicant and that such license may be issued without endangering the public's health, safety or welfare.
Any person, persons, corporation, company, group or other entity of any kind who or which fails to obtain the license required herein or otherwise violates any provision of this chapter shall be guilty of an offense which shall be punishable by a fine of not more than $350 per offense or by imprisonment not exceeding 15 days, or by both such fine and imprisonment.
The imposition of such fine shall not be the Town's exclusive remedy in the event of a violation of this chapter. The Town may pursue any and all other legal remedies available to it in connection with any violation of this chapter.
Notwithstanding any of the foregoing, no applicant who has been previously convicted of a violation of this chapter shall be granted a license hereunder for a period of 18 months from the date of such conviction.
The provisions of this chapter shall not apply to the filming of news stories within the Town of North Salem.