Suffolk County, NY
 
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Suffolk County Legislature 11-18-2008 by L.L. No. 46-2008 (Ch. 291 of the 1985 Code). Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included at the end of this chapter.]
GENERAL REFERENCES
Film Commission — See Ch. 82.
463a Uncod LL Pro

§ 463-1 Legislative intent.

A. 
This Legislature hereby finds and determines that the County of Suffolk offers unlimited and unique opportunities for motion picture, television and still photography production.
B. 
This Legislature also finds that, in order to encourage, promote and assist the motion picture/television film industry in utilizing natural and man-made resources of the County, in 1979 the Legislature created the Suffolk County Motion Picture/Television Film Commission (hereinafter "Commission" or "MP/TVFC").
C. 
This Legislature also finds that the functions of the Commission are set forth in Chapter 82 of the Administrative Local Laws of Suffolk County.
D. 
This Legislature also finds that the State of New York, in recognition of the benefits of motion picture and television development in the state, has enacted various tax incentives to encourage such development, including the Empire State film production credit, the commercial production tax credits, sales tax exemptions and investment tax credit.
E. 
This Legislature further finds that increased motion picture, television and still photography production in the County will result in additional tax revenues, jobs for citizens and income to local businesses.
F. 
This Legislature also finds that with 43 separate towns and incorporated villages within the County, it is difficult for persons seeking permission to film at locations within the County to navigate the necessary administrative hurdles.
G. 
This Legislature further finds that the Commission has established a website to assist persons seeking permission to film at locations within Suffolk County.
H. 
This Legislature also finds that legislative approval is necessary for use of County lands and facilities.
I. 
This Legislature also finds that it would be in the public interest to allow use of County lands and facilities for motion picture, television and still photography production, provided no costs are incurred, government function is not impeded and there is minimal public inconvenience.
J. 
Therefore, the purpose of this chapter is to further the goals of Chapter 82 and to establish procedures and guidelines for issuance of permits to utilize County lands and facilities for motion picture, television and still photography production.

§ 463-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
COMMISSIONER
The Commissioner of Economic Development and Workforce Housing.
CHARITABLE FILMS
Motion pictures, television and still photography produced by a nonprofit organization, which qualifies under Section 501(c)3 of the Internal Revenue Code as a charitable organization. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes, or photos.
MOTION PICTURE, TELEVISION, and STILL PHOTOGRAPHY
All activity attendant to production, staging or shooting motion pictures, television shows or programs, music videos and commercials in any medium, including film, tape or digital format.
NEWS MEDIA
The photographing, filming or videotaping for the purpose of television news broadcast or reporting for the print or electronic media by reporters, photographers or cameramen.
PRODUCTION COMPANY
The individual or entity that is issued a permit to engage in motion picture, television and still photography production on County-owned property or facilities.
STUDENT FILMS
Motion pictures, television and still photography produced pursuant to the curriculum of an educational institution chartered by the State of New York. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes, or photos.
SUFFOLK COUNTY FILM PERMIT
Written authorization to engage in motion picture, television and still photography production on County-owned property or facilities.
SUFFOLK COUNTY UNIFORM FILM PERMIT APPLICATION
A paper or electronic form to be used to apply for permission to engage in motion picture, television and still photography production on property or facilities owned by the County. The uniform film permit application may also be used to apply for permission to engage in motion picture, television and still photography production on properties owned by municipalities that have adopted its use.

§ 463-3 Permit required; compliance with laws and regulations.

A. 
No person shall engage in motion picture, television and still photography production on any County property or facility without a Suffolk County film permit.
B. 
No person shall violate federal, state or local law or health and safety codes while engaging in motion picture, television and still photography on any County property or facility. Any waiver of local law or regulations must be specifically provided for in the Suffolk County film permit.

§ 463-4 Exemptions.

The provisions of this chapter shall not apply to news media and shall not apply to filming or videotaping of motion pictures or still photography for private use.

§ 463-5 Permit procedure.

A. 
The Commissioner of Economic Development and Workforce Housing is hereby authorized, empowered and directed to establish a Uniform Film Permit Program in accordance with this chapter.
B. 
The Commissioner is authorized and empowered to issue Suffolk County film permits in accordance with this chapter and the rules and regulations promulgated hereunder. No further legislative approval will be necessary to engage in motion picture, television and still photography production on County land or facilities when such activity is authorized by a Suffolk County film permit.
C. 
County lands and facilities shall not be utilized for motion picture, television and still photography production when such use would interfere with public health or safety, the function of government or cause substantial inconvenience to the public.
D. 
Establishment of this Uniform Film Permit Program shall not be construed to create a right to utilize any County lands and facilities for motion picture, television and still photography production.
E. 
Suffolk County film permits shall require an acknowledgment in the film credits that the film was shot within the County with the assistance of the Suffolk County Film Commission.

§ 463-6 Fees; rules and regulations.

A. 
The Commissioner shall submit to the Legislature, no later than 60 days after this chapter is adopted, a proposed list of fees to be charged for Suffolk County film permits. Such fees shall be approved, and may be amended from time to time, by duly enacted resolution of the Legislature.
B. 
The Commissioner shall, in consultation with the Department of Public Works, the Department of Health Services, the Department of Parks, Recreation and Conservation, the Police Department, the Sheriffs Department and the Department of Law, develop rules and procedures for notification and review of requests to utilize County-owned properties or facilities for motion picture, television and still photography production. Said rules and procedures shall include a review of health and safety requirements, commensurate with the size and scope of a production, by necessary departments.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
C. 
The Commissioner shall submit such rules and procedures to the Legislature, no later than 60 days after this chapter is adopted. Such rules and procedures shall be approved, and may be amended from time to time, by duly enacted resolution of the Legislature.

§ 463-7 Application for film permit.

A. 
A Suffolk County uniform film permit application, in such paper or electronic form as the Department of Economic Development and Workforce Housing/Office of Film and Cultural Affairs shall determine, must be filed with the following information:
(1) 
The address and name of the facility where the activity is to be conducted.
(2) 
The specific location at the facility.
(3) 
The inclusive hours and dates such activity will occur, including necessary set-up time.
(4) 
A general statement of the character or nature of the proposed filming activity.
(5) 
The name, address and telephone number of the production company or person conducting the activity.
(6) 
The exact number of personnel to be involved.
(7) 
Use of any animals or pyrotechnics.
(8) 
The exact amount/type of vehicles/equipment to be involved.
(9) 
If a student film, a letter from the school verifying that it is being done pursuant to the curriculum of an educational institution chartered by the State of New York.
(10) 
If a charitable film, proof of the organization's Section 501(c)3 status.
B. 
A uniform film permit application must be filed at least five business days prior to the proposed filming date, unless otherwise approved. Additional time may be required to review applications, at the discretion of the Commissioner.

§ 463-8 Insurance and security deposits.

A. 
General liability insurance shall be required as a condition of Suffolk County film permits, in an amount to be determined by the Department of Risk Management.
B. 
Production companies shall conform to all applicable federal and state requirements for workers' compensation insurance for all persons operating under a permit.
C. 
Production companies shall be required to execute a hold-harmless agreement in connection with the permit, in such form as may be approved by the County Attorney.
D. 
Where deemed necessary, production companies may be required to submit a refundable security deposit to assure cleanup of the site.

§ 463-9 Fees and costs.

A. 
Film permit fees, as approved by duly enacted resolution of the Legislature, shall be due and payable before a permit is issued. Fees shall be posted on the Suffolk County Motion Picture/Television Film Commission website.
B. 
In addition to film permit fees, the production company shall reimburse the County for any personnel provided to assist the production or other hard costs incurred by the County in connection with the production.
C. 
Unless the production will interfere with use of property or a facility, there shall be no fee for permits for charitable or student films at County facilities other than airport facilities.

§ 463-10 Penalties for offenses.

Violation of the terms of a permit, this chapter or any rules or regulations promulgated pursuant to this chapter shall result in the permit being cancelled. Any such violation shall also be cause for denial of future permits.

§ 463-11 Coordination with local municipalities.

The Commissioner, working with the Office of Film and Cultural Affairs and the Suffolk County Motion Picture/Television Film Commission, is authorized, empowered and directed to work with the towns and villages to streamline the process for production companies seeking permits to engage in motion picture, television and still photography within the County. To the extent feasible, towns and villages should be encouraged to adopt the Suffolk County uniform film permit application for review and issuance of film permits in their own jurisdictions.

§ 463-12 When effective.

This chapter shall take effect no sooner than 120 days after filing in the Office of the Secretary of State.