[Adopted 11-6-1985 by L.L. No. 6-1985]
After investigation of complaints received from
residents disturbed by noise, tumult, glare from theatrical lighting,
traffic congestion and other undesirable effects associated with the
use of premises for the making of film or videotape advertisements,
feature presentations and similar productions, the Board of Trustees
hereby finds and declares that such use is likely to annoy and disturb
residents by creating undue noise, tumult, glare from theatrical lighting,
traffic congestion and other undesirable effects and is also likely
to place undue burdens on public facilities and services and should,
therefore, be subject to regulation in the public interest.
Whenever used in this article, the following
words and phrases shall have the meanings indicated:
Any television commercial, television feature motion picture
or series, theatrical feature motion picture, documentary or industrial
motion picture produced on film or videotape and involving the use
of special vehicles or equipment, such as sound trucks, electric power
generators or theatrical lights, and/or the use of theatrical properties
or stage sets. Said phrase does not mean filming or videotaping for
private use and/or as a hobby or pastime using only equipment designed
for amateur or general consumer use.
The land and all buildings and improvements located thereon.
Use, arrange for the use of or grant any person permission
to use premises. Evidence that premises were in fact used for the
making of any film or videotape production shall give rise to a rebuttable
presumption that the premises were so used by or with the permission
of the owner, tenant and all other persons in occupancy or control
of the premises on the date of such use.
No person owning, occupying or controlling premises
shall use the premises for the making of any film or videotape production
without first having obtained a permit for such use as provided in
this article.
Upon completion and filing with the Village Clerk of a written application by the owner, occupant or other person in control of any premises for a permit to use the premises for the making of a film or videotape production pursuant to § 234-14 and upon payment of the fee prescribed therefor, the Village Clerk shall issue such permit subject to the provisions of this article.[1]
The application shall contain the names and
addresses of persons, a brief description of the premises, dates and
hours of the proposed film or videotape production and other pertinent
information in sufficient detail to disclose all reasonably foreseeable
adverse impacts of the production on residents and on public facilities
and services. The application shall be dated and signed by the applicant,
whose signature shall constitute a representation by the applicant
that all information provided therein is true and correct to the best
of the applicant's knowledge, information and belief.
A.
The application shall be completed and filed prior
to the date on which the proposed filming or videotaping is to commence.
If it shall appear from the information contained in the application
that the production may unduly burden public streets or other public
facilities or police, fire control or other public services or may
cause undue traffic congestion or result in undue disturbance of residents,
the Village Clerk shall defer issuance of the permit and shall promptly
refer the application to the Village Administrator.
B.
Within five days after such referral, the Village Administrator shall consult with the appropriate officials and shall return the application to the Village Clerk with a memorandum specifying any special conditions which the Village Administrator shall deem necessary. The Village Clerk shall thereupon issue the permit subject to said special conditions and to the general conditions of § 234-19, all of which shall be set forth fully therein. The permit shall also conspicuously state that the applicant has the right to appeal to the Board of Trustees as provided in this article.
In the event that the applicant shall object
to one or more of the conditions contained in the permit, the applicant
shall have the right to appeal to the Board of Trustees and to be
heard by said Board on the appeal. Said appeal shall be in writing
signed by the applicant, shall be filed with the Village Clerk within
five days after the date of issuance of the permit, and shall state
the applicant's objections. The Board of Trustees shall consider said
appeal promptly following the filing thereof with the Village Clerk
and shall render its decision affirming or modifying said conditions.
The Board of Trustees shall, at the same time, impose such other or
further conditions as it may deem necessary in the public interest.
Except as otherwise ordered by the Board of
Trustees, all permits for the use of premises for the making of film
or videotape productions shall be subject to the following general
conditions:
A.
Not more than one such permit shall issue for the
same premises in any period of six consecutive months.
B.
The film or videotape production must be completed
within three consecutive calendar days from commencement to termination.
C.
Theatrical lighting, sound amplification equipment,
theatrical properties and stage sets shall not be deployed or used
outside of any building or structure on the premises before 8:00 a.m.
or after 7:00 p.m. on any day.
D.
No film or videotape production shall be made on a
Saturday or Sunday or on any day observed for celebration of the following
holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day and Christmas Day.
No permit for the use of premises for the making
of a film or videotape production shall be deemed to authorize the
violation by any person of any general or local law, rule or regulation.
