Town of North Castle, NY Chapter 165 Filming and Photography

[HISTORY: Adopted by the Town Board of the Town of North Castle 3-8-2006 by L.L. No. 6-2006 (Ch. 106 of the 1987 Code); amended in its entirety 11-18-2015 by L.L. No. 9-2015. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Fees — See Ch. 33.

§ 165-1 Findings; purpose.

A. The Town Board finds that filming and photography in the Town of North Castle is a practice that may encourage artistic development, local economy and tourism. Nevertheless, the Town Board finds that significant filming, photography, videotaping and recording on private and public property has been occurring in the Town of North Castle and may create hardship, inconvenience, danger and discomfort to the citizens and residents of the Town of North Castle because of the inconvenience and disruption of traffic on the public streets and in private neighborhoods.

B. By reason of the foregoing, the Town Board finds that the health, welfare and safety of the public will be served by adoption of a local law providing a means of regulating, by permit, the undertaking of any filming, photography, videotaping or recording on private or public property within the Town of North Castle.

C. The Town Board does hereby ordain and enact this chapter to accomplish the aforesaid purposes. For the purposes of this chapter, the term "filming and photography" is contemplated to include filming, photography, videotaping and recording.

§ 165-2 Permit required.

Unless subject to § 165-3C(1), no filming or photography, i.e., commercial: promotional, branded content, entertainment; public service; student, or similar presentation or any portion thereof shall be filmed, videotaped, photographed, recorded or otherwise made on any private or public property within the Town of North Castle, 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 property, or an agent of the group or company doing the filming, videotaping, photography or recording, or the individual doing the filming, photography, videotaping or recording, referred to herein as the "applicant(s)," first makes an application and obtains a permit for filming or photography.

§ 165-3 Types of permits.

A. Town Clerk permit.

(1) Permits for filming or photography may be issued by the Town Clerk if the proposed filming or photography meets all of the following conditions:

(a) Filming or photography is limited to indoor locations and the size of the entire cast and crew is limited to 20 individual members, or filming or photography involves outdoor location and the size of the entire cast and crew is limited to 10 individual members;

(b) Filming or photography is limited to between the hours of 8:00 a.m. and 7:00 p.m.;

(c) Filming or photography is limited to five or fewer continuous business days at the location, not including Saturdays, Sundays and federal holidays during which time filming and photography are prohibited; and

(d) Filming or photography involves no potential noise, traffic or light impacts, including but not limited to the use of any pyrotechnic device or artificial lighting, other than camera and mounted or handheld equipment.

(2) The Town Clerk shall consult with the Chief of Police in reviewing the application for a filming and photography permit. Upon the advice of the Chief of Police, the Town Clerk shall consult with officials such as the Building Inspector, the transportation supervisor for the applicable school district, and the Highway General Foreman, and may refer the permit application to the Town Board for action.

(3) The Town Clerk shall require an applicant to furnish the Town with a hold-harmless and indemnification agreement, together with a certificate of insurance meeting the Town's minimum insurance requirements and naming the Town of North Castle as an additional insured, relieving the Town from any potential liability by virtue of the applicant's activities. Should it be determined that the extent of the activities in any particular case require insurance coverage in greater amounts than the Town's minimum insurance requirements, the applicant shall provide certificates of insurance in the requested amounts. A condition of approval of any permit may require the applicant at its expense to utilize the services of the North Castle Police at the customary rate set by the Police Department for such services.

(4) In the event the Town Clerk denies the application for a Town Clerk permit, the applicant may request that the Town Board hear the application, and the Town Board, in its discretion, may grant the permit.

(5) The Town Clerk shall require the applicant to notify contiguous or adjacent property owners to the property being utilized for filming and photography activities.

(6) The Town Board shall be notified upon the issuance of any filming and photography permit.

B. Town Board permit.

(1) Applications shall be referred to the Town Board if filming or photography meets any of the following conditions:

(a) Filming or photography is limited to indoor locations and the size of the entire cast and crew exceeds 20 individual members, or filming or photography involves outdoor locations and the size of the entire cast and crew exceeds 10 individual members;

(b) Filming or photography is to be conducted prior to 8:00 a.m. or after 7:00 p.m.;

(c) Filming or photography exceeds five continuous business days at the location; or

(d) Filming or photography is proposed to include Saturdays, Sundays or federal holidays.

(2) All applications shall be reviewed by the Chief of Police. The Town Board in its sole discretion may consult with officials such as the Building Inspector, the transportation supervisor for the applicable school district, and the Highway General Foreman.

(3) The Town 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.

(4) The Town Board may require the applicant to post reasonable bond to assure adherence to the permit conditions set forth. The Town Board shall require an applicant to furnish the Town with a hold harmless and indemnification agreement, together with a certificate of insurance meeting the Town's minimum insurance requirements and naming the Town of North Castle as an additional insured, relieving the Town from any potential liability by virtue of the applicant's activities. Should it be determined that the extent of the activities in any particular case require insurance coverage in greater amounts than the Town's minimum insurance requirements, the applicant shall provide certificates of insurance in the requested amounts. The Town Board may further require as a condition of approval of any permit that the applicant at its expense utilize the services of North Castle Police at the customary rate set by the Police Department for such services.

C. No permit required. The permit requirements in this chapter shall not apply to:

(1) Filming or photography by casual photographers, tourists or residents for personal use, or by credentialed members of the news media; or

(2) Filming or photography which meets all of the following conditions:

(a) Filming or photography is limited to indoor locations;

(b) The size of the entire cast and crew is limited to fewer than five individual members;

(c) Filming or photography is limited to between the hours of 8:00 a.m. and 7:00 p.m.; and

(d) Filming or photography involves no potential noise, traffic or light impacts, including, but not limited to, the use of any pyrotechnic devices or artificial lighting, other than camera-mounted or handheld equipment.

§ 165-4 Permit applications.

A. Application requirements. Applications must be submitted to the Town Clerk in writing on the application form available on the Town's website and must contain at least the following information:

(1) Application fee, as described below in § 165-4B.

(2) Use plan, as described below in § 165-4C.

(3) The name, address and contact information of the applicant.

(4) The location of the property where filming or photography is to take place.

(5) The dates and times when said filming or photography is to take place.

(6) Name and written authorization of the owner of the property.

(7) Description of type of filming or photography, i.e., commercial: promotional, branded content, entertainment; public service; student, etc.

(8) Film budget.

(9) Number of people on site.

(10) Equipment and vehicles to be brought to the site.

(11) Parking plan.

(12) Special effects to be used.

(13) Name, address and policy number of insurance company.

B. Application fee. Applicants for a filming and photography permit shall pay fees to the Town as set forth in the Master Fee Schedule.[1]

(1) Applications for filming and photography will not be considered unless accompanied by a nonrefundable application fee. The application fee shall be payable by check or money order in the amount as set forth in the Master Fee Schedule.[2]

[2] Editor's Note: See Ch. A370, Master Fee Schedule.

(2) If approved, the application fee will be applied toward the daily permit fee in the amount as set forth in the Master Fee Schedule.[3]

[3] Editor's Note: See Ch. A370, Master Fee Schedule.

[1] Editor's Note: See Ch. A370, Master Fee Schedule.

C. Use plan. The use plan shall show:

(1) The streets or sidewalks that will need to be closed, if any.

(2) The location of any vehicles or equipment that will be stored on location during the course of filming or photography.

(3) The location and construction of any temporary structures to be placed or constructed in connection with the filming or photography.

(4) Parking plans.

(5) Measures proposed intended to mitigate potential temporary adverse impacts.

(6) 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.

D. Notification to adjacent property owners. The applicant shall be required to notify contiguous or adjacent property owners to the property being utilized of filming and photography activities.

E. The Chief of Police shall have the power to cause the conditions set by any permit granted under this section to be enforced.

§ 165-5 Daily permit fee.

Applicants shall pay a fee to the Town prior to the issuance of the permit. The daily permit fee shall be payable by check or money order in the amount as set forth in the Master Fee Schedule.[1]

[1] Editor's Note: See Ch. A370, Master Fee Schedule.

§ 165-6 Limitations of activities.

A. Unless the Town Board provides otherwise by resolution, filming and photography and similar activities for which a permit is required pursuant to § 165-2 above shall in no event be conducted at the same location (i.e., in the same building or at the same street address) more than any portion of 12 calendar days within any twelve-month period.

B. Unless the Town Board provides otherwise by resolution, no applicant shall allow any filming or photography and similar activities for which a permit has been issued to be conducted prior to 8:00 a.m. or after 7:00 p.m., Monday through Friday only.

C. Unless the Town Board provides otherwise by resolution, no applicant shall allow equipment used in connection with such filming or photography, including but not limited to lights and generators, etc., to be operated at the location described in § 165-3B prior to 8:00 a.m. or after 7:00 p.m., Monday through Friday only. No applicant shall permit equipment to be used in connection with the filming or photography and similar activities, nor accessory trailers, kitchens and facilities, 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. that evening.

D. Permit holders shall take reasonable steps to minimize the creation and spread of debris and garbage from the filming location and shall be responsible for the removal of all equipment, debris and garbage upon completion of filming or photography or expiration of the permit, whichever comes first. Permit holders shall clean and restore all public property utilized during filming or photography to the same condition as existed prior thereto.

§ 165-7 Penalties for offenses.

A. Any person, persons, corporation, company, group or other entity who or which fails to obtain the permit 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 $1,000 per day per offense or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. Each day's continued violation shall constitute a separate additional violation.

[Amended 4-29-2020 by L.L. No. 3-2020]

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, including recovery of costs and reasonable attorneys' fees incurred.

C. Violation of the terms and conditions of any permit issued pursuant to this chapter, without prior written modification by the Town Clerk or the Town Board, shall constitute a forfeiture of the privileges conveyed under the permit, requiring that all filming activities cease immediately. Any fees paid pursuant to this chapter are forfeited by the applicant.

D. The Chief of Police or his designee may suspend or revoke a permit issued pursuant to this chapter when filming or photography activities pose a hazard to persons or property and the location manager will not, or cannot, prevent the hazard after being instructed to do so by an officer of the Town of North Castle Police Department.

§ 165-8 Previous violations.

Notwithstanding any of the foregoing, no applicant who has been previously convicted of a violation of this chapter shall be granted a permit hereunder for a period of 18 months from the date of such conviction.

§ 165-9 Waiver.

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 permit may be issued without endangering the public's health, safety or welfare.