[HISTORY: Adopted by the Board of Trustees
of the Village of Oyster Bay Cove 10-5-1999 by L.L. No. 2-1999.
Amendments noted where applicable.]
The unique nature and beauty of the Incorporated
Village of Oyster Bay Cove and its many residential properties have
made it the location for the on-site production of many motion-picture,
television, and video programs. Due to the nature of these location
shoots there is a concomitant increase in electronic equipment, vehicles,
traffic, and people within the Village which impacts the infrastructure
of the Village, the utilization of police personnel and other government
resources. It is in the public interest to require those individuals
and enterprises who seek to undertake such activities within the Village
to assume the financial burden associated with those activities in
order to ensure that the taxpayers of the Incorporated Village of
Oyster Bay Cove are not adversely impacted with that financial burden.
The requirements herein are not meant to infringe upon the First Amendment
rights of any bona fide news organization as coverage of contemporaneous
news events serves the public interest and the provisions herein shall
not apply thereto.
As used herein, the following terms shall have
the meanings indicated:
The recording on film or any other electronic or photographic
material or substance of any image or sound where such recording shall
be used for a commercial purpose and on-site preparation for such
activity and all on-site activity associated with the filming, including
but not limited to on-site restoration and cleanup. Such commercial
purposes shall include but not be limited to the making of motion
pictures, music videos, television programs, advertisements, commercials,
and still photography. Specifically excluded from the provisions of
this definition are any activity undertaken by a bona fide news organization
which enters into the Village to cover contemporaneous news stories;
wedding and other similar types of photography undertaken by a commercial
photographer; and films and/or videos recorded by a student in the
fulfillment of educational requirements, provided that such works
will not be used for a commercial purpose.
No person, firm, association, corporation, or
enterprise shall commence commercial filming anywhere in the Incorporated
Village of Oyster Bay Cove unless a permit therefor has been prior
issued by the Incorporated Village of Oyster Bay Cove.
A.
An application for a permit to conduct commercial
filming in the Incorporated Village of Oyster Bay Cove shall be made
to the Village Clerk at the Village Hall during normal business hours
at least 10 days prior to any activity commencing anywhere in the
Incorporated Village of Oyster Bay Cove. Such application form, which
shall be provided by the Village Clerk, shall contain the following
information:
(1)
Name, address and telephone number of the person or
entity owning the rights to the commercial film.
(2)
Name, address and telephone number of the location
coordinator or other contact person.
(3)
Purpose of the filming.
(4)
Specific locations of the properties to be used.
(5)
Written consent of the owners of all properties where
all commercial filming activities are to take place.
(6)
Dates and times of day that the properties will be
used.
(7)
A description of all motor vehicles and bulk equipment
to be used in connection with the commercial filming, together with
the vehicle registrations and license plate numbers for all such vehicles.
(8)
Such other information as may be required by the Board
of Trustees of the Incorporated Village of Oyster Bay Cove or the
Village Clerk.
[Added 11-16-2010 by L.L. No. 1-2010]
An applicant who has obtained a commercial filming permit from
the Village within the last 12 months may reapply for a new permit
upon three days' notice as described below so long as the Village
received no written complaints regarding the prior filming from any
Village resident and the present application complies with all other
provisions in this chapter. The application must be made to the Village
Clerk at the Village Hall in person, or by electronic mail, or certified
mail at least three business days prior to any activity commencing
anywhere in the Village. Thereafter, the application will be circulated
by the Village Clerk to the Mayor and Board of Trustees for review
and decision.
Any change in the planned activities for which
the permit has been requested or obtained shall be submitted by the
applicant in advance of the proposed changes, and shall be approved
or denied in the same manner as the original application.
A.
The Village may deny any application for a commercial
filming permit that does not comply with the purpose and intent of
this chapter or if the public interest would be served by such denial.
The Village may also deny any application for such permit when, in
the judgment of the Village, such permit would conflict with other
scheduled events in the area of the filming location; would be detrimental
to the community because of anticipated excessive noise, illumination
or other effect caused by the proposed filming, including but not
limited to the use of explosives; or would unduly interfere for an
extended period of time with the day-to-day activities of the surrounding
residents. Where an application has been denied, the applicant may
appeal such denial to the Village Board of Trustees, whose decision
thereon shall be final.
B.
Every permit shall contain a date of commencement
and an expiration date and shall specify the specific hours during
which any permit activity shall occur.
C.
At no time shall any filming or use of any equipment
therefor be allowed between the hours of 10:00 p.m. and 8:00 a.m.
D.
At no time shall any filming or use of any equipment
therefor be allowed on Sundays.
E.
No filming activity shall intrude upon or interfere
with the privacy or property of any property owner unless a written
consent shall have been prior obtained from said property owner.
F.
There shall be no rerouting of traffic in connection
with any filming activity except as specifically authorized and approved
in advance by the Village Attorney and the Chief of Police.
G.
The filming activity shall be conducted so as not
to interfere with access to fire stations and fire hydrants. Equipment,
materials or obstructions shall not be placed within 50 feet of fire
hydrants.
H.
The Mayor and/or the Village Attorney may place such
other further reasonable limitations on the permit as in their opinion
are warranted under the circumstances.
A.
The fee for a commercial filming permit shall be $2,500
per day. The fee shall be paid in cash or certified check prior to
the issuance of the permit.
B.
In addition, the applicant shall pay the actual costs
for the use of any Village personnel, services or equipment in connection
with the filming activity. The applicant shall, prior to the issuance
of the permit, pay such costs on an estimated basis and shall also
post security in an amount and form acceptable to the Village Clerk
to ensure payment of any such costs that cannot be reliably estimated
or exceed the original estimate.
A.
A commercial filming permit may be suspended or revoked
by the Village for any of the following reasons:
(1)
Violation of any law, rule or regulation of the United
States of America, the State of New York, the County of Nassau, the
Incorporated Village of Oyster Bay Cove.
(2)
Violation of any condition of the permit.
(3)
Conduct that is detrimental to the health, safety
or welfare of the residents of the Incorporated Village of Oyster
Bay Cove or that is detrimental to public or private property within
the Incorporated Village of Oyster Bay Cove.
B.
A decision by the Village to suspend or revoke a permit
shall be appealable by the permit holder to the Village Board of Trustees,
whose decision thereon shall be final.
C.
Where a permit is suspended or revoked, the fees paid
therefor shall be forfeited and shall not be refunded.
D.
Any revocation of a commercial filming permit shall
bar the applicant and/or permit holder from applying for a new permit
for the period of one year from the date of the revocation.
A.
No permit shall be issued unless the applicant shall
have first filed with the Village Clerk a certificate of insurance
in a form and in an amount acceptable to the Village Attorney evidencing
comprehensive liability and property damage insurance coverage but
in no event shall such insurance be less than $10,000,000 per occurrence.
The Incorporated Village of Oyster Bay Cove, its officers, agents,
and employees shall be a named insured and certificate holder on all
such policies, thereby providing defense and indemnity from and against
any claim, loss or damage resulting from any activity for which the
permit was issued. Such indemnity shall not be limited by enumeration
of any insurance coverage herein provided.
B.
The applicant and/or permit holder shall deposit with
the Village Clerk a cash bond or letter of credit, in a form acceptable
to the Village Attorney, in an amount to be determined by the Village
to guarantee the reconstruction or restoration of any public or private
property damaged as a result of any activity undertaken pursuant to
the permit.[1]
[1]
Editor's Note: Original Section X, Penalties
for violations, which followed this section, was repealed 11-15-2005
by L.L. No. 9-2005.
