It is the intent of the Village of Sleepy Hollow to encourage,
but not solicit, producers and others within the mass communications
industries, including filming, television, advertising and commercial
photography, to make use of the Village and its environs as a setting
for motion-picture films, television shows, commercials and photographs,
but only insofar as such use is at all times compatible, and does
not unduly interfere, with the lifestyles and day-to-day activities
of the Village's citizens and merchants.
For the purpose of this chapter, the following terms, phrases
and words and their derivations shall have the meanings given herein:
FILMING
The recording on film or other medium of movies, commercials,
documentaries, serials, shows, performances or other similar events
or activities, including still photography, but not to include the
coverage of news, political, cultural, local sports or school district
events.
PUBLIC PROPERTY
Any realty or personalty or interest therein owned by the
Village of Sleepy Hollow, including all streets, parks and public
places, lands, lands under water, waterfront property, and every estate,
interest and right, legal or equitable, therein.
No person or entity shall, for commercial purposes, cause, direct,
or conduct movie filming, videotaping, videorecording, television,
still photographing, or other recording of visual images and/or audio
sounds on private or public property in the Village of Sleepy Hollow
without first applying for and obtaining a filming permit therefor
from the Village Administrator.
The application for the filming permit shall contain the following
at a minimum:
A. Name, address
and telephone number of the applicant.
B. Name, address,
consent of the property owner and tenant (the latter, if any).
C. Name, address
and telephone number of persons in charge [director, production manager,
and contact person(s)].
E. Date(s)
and hours of filming.
F. Type of
production, including title and celebrities, if any.
G. If for
advertising purposes, name of product.
I. List of
equipment and generator, if any.
J. Number
of persons, cast and crew.
K. Number
and type of vehicles.
L. Safety
precautions to be undertaken by the applicant in the event that explosive
devices, fire and/or hazardous chemicals, demolition of buildings
or structures, and/or use of residential vehicles is proposed.
M. Plan to
minimize disruption of traffic.
N. Certificate(s)
of insurance naming the applicant, property owner, and the Village
of Sleepy Hollow as insureds, with the type(s) of insurance and amounts
of minimum coverage to be determined at the discretion of the Village
Administrator, to be contained in a written rider attached to the
application and signed by the applicant. Such insurance coverage shall
contain an endorsement that the applicant shall defend, hold harmless,
and indemnify (including reimbursement of attorneys' fees) the Village
of Sleepy Hollow against any and all claims, proceedings, or actions,
including, but not limited to, bodily injury, death, and property
damage, that is brought in connection with or as a result of or arising
out of any of the filming and/or recording activities.
O. Anticipated
viewing place and date for filmed and/or recorded material.
A permittee under a filming permit shall be required to personally
deliver or to mail a photocopy of the filming permit to all owners
of real property located within 100 feet of a property line of the
filming and/or recording site as shown on the latest assessment roll
of the Town of Mt. Pleasant Assessor and to all owners of real property
located on the same street as the filming and/or recording site who
are located within 500 feet of a property line of such site, all at
least two calendar days for personal delivery or four postmarked mail
delivery days for mailing prior to the first day of filming and/of
recording. The Village Administrator may require notice to additional
owners of real property in the vicinity if conditions of the filming
and/or recording so warrant.
The Village Administrator shall determine the proper fee for each filming permit, which shall be set from time to time by resolution of the Board of Trustees as set forth in the fee schedule included at the end of Chapter
200, Fees. Fees may include a basic fee for filming conducted on private property plus additional fees depending on the magnitude of the filming and/or recording project, the burden of such filming and/or activities on Village services, and the impact on the surrounding neighborhood, together with fees for filming and/or recording on public property, including setup and takedown time.
Any person aggrieved by the action of the Village Administrator
or his designated agent in connection with the denial of an application
for a filming permit may take an appeal therefrom to the duly constituted
Board of Trustees. After review of said appeal, the Board of Trustees
shall affirm the action of the Village Administrator or his designated
agent or may reverse or modify the action of the Village Administrator
or his designated agent based upon a finding that such determination
was arbitrary, capricious or not supported by substantial evidence.
This chapter shall be enforced by the Village Administrator
and the Village Police Department.