[Adopted by the Board of Trustees of the Village of Pelham 8-14-2018 by L.L. No. 5-2018[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Ch. 44,
Filming of Movies, adopted 3-20-1984 by L.L. No. 1-1984.
As used in this chapter, the following terms shall have the
meanings indicated:
Shall be defined as all activity in connection with the taking
of still or motion pictures either on film, videotape, photograph,
digital recording, or by similar recording medium, intended for viewing
on television, in theaters, video streaming, or for commercial or
institutional uses.
No commercial, movie, television program, show, performance,
documentary or similar presentation or any portion thereof shall be
filmed, videotaped, recorded or otherwise made on any private property
or public property within the Village without first obtaining a permit.
A permit for filming shall not be required for individuals,
organizations or productions using only a hand-held camera, camera
on a tripod, hand-held props and/or hand-held equipment, not using
prop weapons, prop vehicles, stunts, actors in police uniform, and
not requesting parking privileges for production vehicles, provided
that filming is done without impeding traffic flow on any street or
sidewalk in the Village or asserting exclusive use of public property.
A.
Applications are to be submitted to the Village Clerk in person,
online, or by mail on forms to be issued by the Village.
B.
Permit applications must be submitted at least five business days
prior to the date the filming is to take place. However, requests
to waive or modify this requirement may be made to the Mayor, Village
Administrator, and/or their designee, who may waive or modify said
requirements at their discretion, and upon such terms and conditions
as determined by the Mayor, Village Administrator and/or their designee.
If a waiver or modification is granted, the applicant will be assessed
an expedited processing fee.
C.
The application shall contain at least the following information:
(1)
Name, address and telephone number of the person or entity conducting
the filming;
(2)
Name, address and telephone number of the location coordinator or
other contact person, such as the site coordinator;
(3)
Name and contact information of on-site coordinator, if different
from above;
(4)
Type and description of the filming;
(5)
Specific location(s) of each property to be used in the filming;
(6)
A schedule setting forth the date or dates, and the times of day,
during which the proposed filming is to take place;
(7)
The number of actors, extras, crew and all other personnel expected
to be present at each location during the filming;
(8)
The estimated number and description of types of vehicles to be used
in connection with the filming, including vehicles used for transportation;
(9)
A description of the arrangements for parking for the crew and work
vehicles;
(10)
A description of sanitary arrangements to be made for crew and bystanders;
(11)
A description of cleanup methods to be used;
(12)
A description of any event which may cause public alarm, including
but not limited to, pyrotechnic activity, aviation activity, motor
vehicle activity, weapon activity, use of animals or physical confrontations;
(13)
A description of anticipated crowd control measures;
(14)
A description of any special electrical requirements and the methods
of satisfying those requirements, including all electrical permits
required;
(15)
Name, address, e-mail and telephone number of the property owner;
(16)
Such other information as may be required by the Village Clerk to
protect the health, safety and welfare of residents of the Village;
(17)
Billing information that may be required to recoup expenses related
to the utilization of Village resources (i.e., Police Department,
Fire Department and/or Department of Public Works personnel, facilities
and/or equipment).
D.
Prior to issuance of permit, the applicant must provide for the Village
Clerk's review and approval:
(1)
Completed application for filming permit;
(2)
Copy of location agreement indicating consent of property owner (if
filming is done on private property);
(4)
Certificate(s) of insurance and endorsement(s), as required by the
Village Clerk;
(5)
Security deposit;
(6)
Payment of permit fees as set forth in § 44-8 and any other fees assessed by the Village Clerk, inclusive of fees related to parking, utilization of Village-owned property and/or facilities, and estimated costs related to utilization of Village employees, if applicable. Payments must be made by a check drawn on a bank with a branch in New York State, in an amount set forth in the schedule of fees to be maintained by the Village Board and updated from time to time.
A.
The applicant shall procure at least three business days prior to
the start of filming, and maintain for the duration of the filming,
the following insurance coverage protecting against claims for injuries
to persons (including death) or damage to property which may arise
in connection with filming:
(1)
Comprehensive commercial general liability, including products and
completed operation and damage to rented premises: a minimum of $1,000,000
limit per occurrence and $2,000,000 in the general aggregate for bodily
injury, personal injury and property damage;
(2)
Automobile liability: a minimum of $1,000,000 combined single limit
per accident for bodily injury and property damage (if applicable);
and
(3)
New York State workers' compensation and employer's liability
insurance in accordance with statutory requirements. When an entity
headquartered outside New York State provides the Village of Pelham
with a certificate of insurance for workers' compensation and
employer's liability, the entity shall reflect in the description
of operation section of the certificate the phrase "New York State
included in coverage" (if applicable).
B.
The Village, its officials, employees and volunteers are to be covered
as additional insured with respect to liability arising out of the
activities performed by or on behalf of the permittee.
C.
To the fullest extent permitted by New York State law, the permittee
shall indemnify, defend and hold harmless the Village, its officials,
officers, employees, agents, advisors and volunteers from and against
any claims, damages, losses and expenses, including, but not limited
to, reasonable attorneys' fees, arising out of or resulting from
products and operations of the applicant and premises occupied or
used by the applicant and motor vehicles owned, leased, hired, or
borrowed by the applicant, its contractors, vendors, or their respective
employees or agents, provided such claims, damages, losses or expenses
are attributable to bodily injury, sickness, disease or death, or
to injury to or destruction of tangible property, including the loss
of use resulting therefrom. Such obligation shall not be construed
to negate, abridge or reduce other rights or obligations of indemnity
which would otherwise exist to a party or person described herein.
D.
Insurer must be admitted in New York State and rated by A.M. Best
A-, 8 or higher.
E.
Insurance coverage must contain no deductible or a deductible not
exceeding $5,000 per claim.
F.
If the film activity is deemed by the Village to be high risk, the
Village reserves the right to require additional insurance coverage
as follows:
(1)
Umbrella liability: a minimum of $5,000,000 per occurrence and in
the policy aggregate.
(2)
The Village, its official, employees and volunteers are to be included
under a waiver of subrogation clause on the filming applicant's
general liability and workers' compensation insurance policies.
(3)
The filming applicant general liability, automobile liability, and
workers' compensation insurance policies must include a primary and
noncontributory insurance clause.
A permittee shall provide written notice of filming to all owners
of real property located within 200 feet of a property line of the
filming location(s) at least three days prior to the first date of
filming. A permittee may be required, at the discretion of the Mayor,
Village Administrator, and/or their designee, to provide additional
written notice to affected residents if the shooting location(s) are
within 1,500 feet of any school. The Village reserves the right to
terminate an issued permit if the permittee fails to provide sufficient
notice to affected businesses, merchants or residents. The Mayor,
Village Administrator, and/or their designee may require notice to
additional owners of real property in the vicinity if conditions of
the filming so warrant. Requests to waive or modify this requirement
may be made to the Mayor, Village Administrator, and/or their designee
who may waive or modify said requirements, upon such terms and conditions
as determined at their discretion. Notice of filming letter must include,
at least:
A.
Company;
B.
Production type;
C.
Filming location(s);
D.
Date(s) and times of filming;
E.
Contact person and phone number of who may be contacted with questions
or concerns;
F.
A description of any event which may cause public alarm, including
but not limited to, pyrotechnic activity, aviation activity, motor
vehicle activity, weapon activity, use of animals or physical confrontations;
and
G.
Any additional information determined by the Village Clerk.
A.
If an application for a filming permit is approved, the applicant
must obtain said permit from the Village Clerk or their designee.
Said permit shall set forth the approved location of such filming
and the approved duration of such filming by specific reference to
day or dates. A copy of the permit must be maintained at all filming
locations for the duration of the filming.
B.
The permittee shall allow representatives from the Fire Department,
Building Department, Police Department or other Village staff to inspect
filming location(s) and any equipment used. The permittee shall comply
with all instructions issued by Village personnel.
C.
The Village of Pelham reserves the right to require one or more on-site
police officers in situations where the proposed production may impede
the proper flow of traffic, the cost of said police officer(s) to
be borne by the applicant as a cost of production.
D.
Where existing electrical power lines are to be utilized by the production,
an on-site licensed electrician may be required if the production
company does not have a licensed electrician on staff.
E.
The permittee shall be responsible for all costs associated with
the utilization of Village employees in connection with a permit issued
under this chapter. Payment of the estimated costs, as determined
by the Village Clerk, shall be made in advance of the filming and
shall be a condition of the permit. Any adjustment upward or downward,
based on the actual costs incurred by the Village, shall be made after
the filming is completed. The decision whether to use Village employees
shall be made at the discretion of the Mayor, Village Administrator,
and/or their designee on a case-by-case basis.
F.
The permittee shall be responsible for all costs associated with
the use of Village-owned property and/or facilities in connection
with a permit issued under this chapter. Payment of said fee shall
be made in advance of the filming and shall be a condition of the
permit. The determination whether to allow use of Village-owned property
and/or facilities shall be made at the discretion of the Mayor, Village
Administrator, and/or their designee on a case-by-case basis.
G.
Unless approved by the Mayor, Village Administrator, and/or their
designee, no set-up, preparation, or operation of equipment to be
used in connection with the filming (including but not limited to
lights and generators, etc.) for which a permit has been issued shall
be conducted prior to 8:00 a.m. or disrupt any Village services.
H.
Unless approved by the Mayor, Village Administrator, and/or their
designee, all equipment used in connection with the filming (including
but not limited to lights and generators, etc.) shall be removed from
the filming location by 8:00 p.m.
I.
Filming in residential areas shall not be permitted on weekends or
federal holidays without prior approval from the Mayor and/or their
designee.
J.
The permittee must clean and restore all property utilized in connection
with filming to its original condition, free of debris, rubbish and
equipment.
K.
The use of internal combustion engine(s) is permitted during the
hours listed on a permit issued under this chapter, provided that
the permittee agrees to abide by all noise restrictions issued by
the Mayor, Village Administrator, and/or their designee.
L.
The Village reserves the right to direct the time, place and/or manner
of all activity in connection with a permit issued under this chapter,
including but not limited to noise control, parking and/or the operation
of equipment.
M.
The permittee must reimburse the Village for any additional expense
incurred by the Village and any loss of revenues such as (but not
limited to) parking meter income, street barrier expense, sanitary
cleanup expense and law enforcement expense.
N.
The applicant will post a security with the Village Clerk, in the
form of either a bond, letter of credit, or a check made payable to
the "Village of Pelham," for each day during which filming is to be
conducted, which may be retained by the Village to defray any cost
incurred by the Village as a result of the failure to comply with
the terms of this chapter.
O.
The permittee shall take all reasonable steps to minimize interference
with the free passage of pedestrians and traffic over public lands
and shall comply with all lawful directives issued by Village staff
with respect thereto.
The Village Board shall by general resolution establish a fee
schedule, and appropriate security deposit, to be paid to the Village
for the issuance of permits required by this chapter. Such fee schedule
so established may be amended from time to time by resolution of the
Village Board. No permit required by this chapter shall be issued
unless the Village has received, in advance, all fees prescribed therefor.
Prescribed fees may include, but are not limited to:
A.
The Village Clerk or his or her designee may grant, deny or grant
the permit with restrictions and/or conditions.
B.
The Village Clerk or his or her designee may deny an application
for a filming permit if it should be determined that it will create
a dangerous condition, interfere with the use of Village streets or
public places, create a nuisance to Village residents, or violate
a provision of the Village of Pelham Code or New York State law.
C.
Filming in a residential zone for which a permit is required under
this chapter 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 five calendar days within any twelve-month period and/or
for more than any portion of three consecutive calendar days without
approval from the Village Board. When the necessities of time do not
permit review by the Village Board, the Mayor and/or their designee
may grant said approval at their discretion.
D.
Filming in a nonresidential zone for which a permit is required under
this chapter 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 10 calendar days within any twelve-month period and/or
for more than any portion of five consecutive calendar days without
approval from the Mayor and/or their designee, who may grant said
approval at their discretion.
E.
The Mayor, Village Administrator, and/or their designee may reject
an application for permit and/or place a moratorium on filming activity
within any area in the Village if the filming activity may result
in a negative impact on Village residents, due to the activity itself
or excessive filming activity in the past six months. Such determination
may be appealed to the Village Board.
F.
The Mayor, Village Administrator, and/or their designee may suspend
or revoke any permit granted under this chapter if the party to whom
the permit is granted made misrepresentation on the application for
the permit or has violated the conditions of the permit.
G.
The Village of Pelham reserves the right to cancel a filming permit
in the event of adverse or inclement weather.
H.
If a permit is issued and, due to adverse or inclement weather or
good cause and filming does not take place on the date(s) specified,
the Village Clerk may, at the request of the applicant, issue a new
permit for filming on other dates subject to full compliance with
all other provisions of this chapter. No additional fee shall be paid
for a rescheduled permit, provided that such filming is in the same
location(s) and for the same duration as specified in the original
permit.
I.
Should the applicant choose to cancel or modify a permit issued under
this chapter prior to use, notice of such intent must be given to
the Village Clerk by close of business three business days immediately
preceding the first day named on said permit; and the Village Clerk
shall notify all affected departments as soon as practicable.
(1)
Failure to so notify the Village Clerk with regard to a cancellation
will result in the forfeiture of the equivalent of the permit fee
for one day. A full refund shall be made to the applicant if proper
notice is received, less an administrative fee of up to $250.
(2)
Failure to notify the Village Clerk with regard to a modification
will result in the imposition of an additional administrative fee
of $250. No charge shall be made to modify said permit as to time
or place of filming if proper notice is received.
Requests to waive or modify a requirement in this chapter may
be made to either the Mayor, Village Administrator, or the Village
Board of Trustees, who may waive or modify said requirements, upon
such terms and conditions as determined at their discretion.
Any person who violates any provision of this chapter shall,
upon conviction thereof, be punished by a fine not exceeding $2,000
for each day or part thereof that such filming or related activities
are conducted.
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.
This chapter shall become effective immediately upon filing
with the Secretary of State in accordance with § 27 of the
Municipal Home Rule Law.
