[HISTORY: Adopted by the Town Board of the
Town of Clarkstown 9-23-2008 by L.L. No. 14-2008. Amendments noted
where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 278.
A.
The purpose of this local law is to create Chapter 139 to codify the Town's requirements for filming within the Town of Clarkstown.
B.
The Town Board finds that interest in filming, video
taping and recording on private and public property has been increasing
in the Town of Clarkstown, for commercial purposes, creating possible
hardship, inconvenience, danger and discomfort to large numbers of
citizens and residents of the Town of Clarkstown because of the inconvenience
and disruption of traffic placed on the public streets and private
neighborhoods.
C.
By reason of the foregoing, the Town Board finds that
the health, welfare and safety will be served by adoption of a local
law providing a means of regulating, by permit, the undertaking of
any filming, videotaping or recording in a commercial manner on private
or public property.
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 Clarkstown if a fee is to be paid or anything of
value changes hands for such use of the property unless a permit is
first obtained from the Town for the filming, videotaping or recording.
A permit shall be deemed to be validly issued when executed by the
Chief of Police (or his designee) and the Town Attorney.
A.
Applications may be submitted to the Town Clerk with
a copy to the Town Attorney, in person or by mail, and must contain
at least the following:
(1)
The name of the applicant.
(2)
The location of the property where filming, videotaping,
etc., is to take place.
(3)
Whether the applicant is owner or tenant in possession
of the property; the name of the owner of the property if the applicant
is not the owner.
(4)
The name of the person or entity the applicant wishes
to allow to film, videotape, etc.
B.
The applicant shall submit a plan showing the days
and hours of proposed operation, parking plans and any mitigating
measures proposed and 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.
C.
The application shall be referred by the Town Attorney
to the Chief of Police for review and comment.
D.
The Chief of Police and/or the Town Attorney may 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.
E.
The applicant shall furnish the Town with a hold-harmless
and indemnification agreement, together with a certificate of insurance
in an amount to be determined by the Town's Insurance and Claim's
Manager, relieving the Town from any potential liability by virtue
of the applicant's activities. The applicant shall also furnish a
copy of the applicant's insurance policy endorsement naming the Town
of Clarkstown as an additional insured. The Town Attorney may further
require the applicant to post a reasonable bond to assure adherence
to the permit.
F.
The Chief of Police may require, as a condition of
any permit, that the applicant utilize the services of that number
of Town of Clarkstown police officers that the Chief of Police deems
necessary to ensure the public safety at the location of the filming,
videotaping or recording at a rate consistent with the overtime provisions
of the existing collective bargaining agreement (CBA).
G.
The Chief of Police shall have the power to cause
the conditions set by any permit granted under this section to be
enforced.
H.
Site plan approval by the Planning Board is not required
for a permit issued under this section.
Each applicant shall pay to the Town of Clarkstown
a fee, as set in a fee schedule determined by the Town Board from
time to time by resolution, for filming, videotaping or recording
on private property, per day, and a fee, as set in a fee schedule
determined by the Town Board, per day, for any filming, videotaping,
parking or recording on public property.
A.
Any person, persons, corporation, company, group or
other entity of any kind who or which fails to obtain the permit required
herein or otherwise violates any provision of this chapter shall be
guilty of an offense. Such offense shall be punishable by a fine of
not less than $500 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.
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.
