[HISTORY: Adopted by the Board of Trustees of the Village of Old Westbury 3-19-2001 by L.L. No. 6-2001. Amendments noted where applicable.]
The Village has received a number of requests in recent years to use public and private areas of the Village for purposes of commercial filming. The Board of Trustees hereby finds that it is in the public interest to require a permit for such use, to establish the standards that will govern applications for these permits and to minimize the impact of such activity on the residential community.
As used in this chapter, the following terms shall have the meanings indicated:
- The recording on film, video or other medium of motion pictures, commercials, documentaries, shows, performances, athletic or sports events or other similar events or activities, excluding still photography. As used herein, "filming" shall include the use of public or private property for persons, equipment, vehicles, props, cameras and any other items or materials used in connection with such filming. The filming of home movies or videos intended for the exclusive use of the owner and his/her immediate family are exempt from this chapter and are not included within the definition of filming.
- The Incorporated Village of Old Westbury.
No person, firm, association or corporation shall commence filming within the Village unless a permit therefor has been issued by the Village Clerk.
An application for a filming permit shall be made on forms provided by the Village Clerk and shall contain at least the following information:
Name, address and telephone number of the person or entity making the film.
Name, address and telephone number of the location coordinator or other contact person.
Purpose of the filming.
Specific location of each property to be used in the filming.
Dates and times of the day that the property will be used.
Name and address of the property owner.
Consent of the owner of the property.
Such other information as may be required by the Village Clerk.
The Village Clerk may grant, deny or grant the permit with restrictions and/or conditions.
The Village Clerk may deny an application for a filming permit if he/she determines, in writing, that it will create a dangerous condition, interfere with the use of the Village streets or public places, create a nuisance to the Village residents or violate any provisions of the Village Code.
[Amended 10-21-2002 by L.L. No. 6-2002]
Every permit shall contain a date of commencement and expiration as well as the specific hours during which filming may occur.
At no time shall filming or the use of equipment therefor be conducted between the hours of 11:00 p.m. and 8:00 a.m.
No filming shall commence prior to 10:00 a.m. on Sundays.
The Village Clerk may place further reasonable limitations on the hours of operation based on the needs of the particular neighborhood or the existence of conflicting scheduled events.
No more than three applications for a filming permit may be granted for any one residential property per calendar year, unless approved by the Board of Trustees.
[Amended 10-17-2011 by L.L. No. 3-2011]
The fee for a filming permit shall be $1,000, which shall be paid in cash or certified check prior to the issuance of the permit. This fee, however, shall be waived in connection with the filming done for a charitable, educational, public service, or other similar nonprofit purpose. The application for a filming permit must be submitted to the Village three business days prior to the commencement of any film-related activities.
The applicant shall pay the actual cost for the incidental use of any Village personnel, services or equipment in connection with the filming.
No permit shall be issued until the applicant has deposited with the Village Clerk a certificate or policy of general liability insurance, including personal injury liability in the amount not less than $1,000,000 bodily injury and property damage combined single limit naming the Village as an additional insured, thereby providing a defense and indemnity from and against any claim, loss or damage resulting from the filming for which the permit is issued.
The Village Clerk may suspend or revoke a filming permit issued for any of the following reasons:
A decision of the Village Clerk to suspend or revoke a permit shall be appealable to the Board of Trustee, whose decision thereon shall be final. This decision may be reviewed under the New York Civil Practice Law and Rules by Article 78 proceeding brought within 30 days of the filing of the Clerk's decision in his office.
In the event that a permit is suspended or revoked, the fees paid therefor shall be forfeited and shall not be refunded to the applicant.
Any person, firm or corporation who or which shall violate or fail, neglect or refuse to comply with any provision of this chapter or any rule or determination made thereunder, or who shall undertake filming without a permit therefor, shall, upon conviction thereof, be punished by a fine of not more than $1,500 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation.
In addition to the penalties set forth hereinabove, the Village may enforce any provision of this chapter by injunction or by civil action to recover a civil penalty in an amount not to exceed $1,500 for each violation.