The Town Board of the Town of Southold recognizes
that the Town's natural beauty and historical sites are attractive
to individuals, organizations, corporations, groups and other entities
involved in the businesses of still photography, motion pictures and
television. Because such filming activities may create a threat to
public safety, health or welfare due to the time, location or duration
of the filming, or may unduly interfere with vehicular and/or pedestrian
traffic, the Town desires to regulate such activities through the
issuance of permits. The purpose of this chapter is to set forth the
procedure governing such permit process.
Any fee collected under this chapter shall be
paid either in cash or by certified check made payable to the Town
of Southold and shall be delivered to the Town Clerk.
Other than the required fees, the Town shall
not accept any donations from the applicant in connection with the
granting of the permit. In addition, no Town official or employee
shall make a recommendation to the applicant regarding a donation
to a third party.
The Town Clerk shall give notice to the Chief
of Police, the Chief Building Inspector, the Code Enforcement Officer,
the Fire Marshal, the Superintendent of Highways and the Superintendent
of Parks and Recreation of each permit issued pursuant to this chapter.
A permit holder shall be responsible for any
damage to Town property or facilities that may result from the permit
holder's activities. No alterations are to be made at filming or photography
sites, including, without limitation, cutting trees, digging holes
and trimming bushes, without the express authorization of the Town
Board.
Issuance of a permit pursuant to this chapter
does not relieve the permit holder of its duty to comply with all
other Town local laws, ordinances and regulations during the duration
of the filming or photography.
Every application for a permit pursuant to this
chapter shall include a certificate of insurance that evidences a
public liability insurance policy covering the Town as an additional
insured in the minimum amount of $1,000,000 per occurrence for the
duration of the filming or still photography. The applicant shall
also submit an indemnification agreement that states that the applicant
agrees to assume all liability for and will indemnify and hold the
Town harmless of and free from any and all damages that occur to persons
or property by reason of said filming or still photography.
The permit holder shall be required to have
the permit available for inspection by the Town Police Department,
or its designees, at the site of the filming or still photography
for the duration of the permit period.
[Amended 12-14-2021 by L.L. No. 21-2021]
An applicant which has been granted a permit
may submit to the Town Clerk a request to extend the duration of the
permit. The Chief of Police, or his designee, will make the decision
whether or not to grant such request. If permission is granted, the
Town Clerk shall collect the appropriate fee from the applicant for
each additional day added to the permit period. The Town Clerk shall
then modify the applicant's permit to indicate the granted extension
period.
The provisions of this chapter are severable.
If any provision of this chapter or its application to any person
or circumstance is held invalid, said invalidity shall not affect
any other provision or application of this chapter which can be given
effect without the invalid provision or application of the chapter.
This chapter shall take effect immediately upon
filing with the Secretary of State as provided by law.