Village of Tarrytown, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Tarrytown 7-17-1989 by L.L. No. 10-1989. Amendments noted where applicable.]
The village has experienced a significant increase in requests to film in the community. This chapter attempts to establish guidelines for filming in the village and to create consistency in the manner in which the village handles applications for filming.
[Added 10-16-2017 by L.L. No. 9-2017]
For purposes of this chapter:
FILMING
The filming, videotaping, recording or otherwise capturing of commercials, movies, television programs, documentaries, photo shoots, internet programs or other similar operations.
A. 
There shall be no filming on any private property in the Village of Tarrytown without first obtaining a permit. A permit shall be required for the running of cable, the placing or storing of equipment of any kind, the parking of vehicles or any other film-related activity for the purpose of filming. Filming shall be permitted subject to the following conditions:
[Amended 11-1-1993 by L.L. No. 11-1993; 11-7-1994 by L.L. No. 11-1994; 12-20-2010 by L.L. No. 19-2010; 10-16-2017 by L.L. No. 9-2017]
(1) 
All vehicles associated with the filming must be contained on the site and not parked on any Village street or private road. If vehicles or equipment are placed on public streets, the public filming fee shall apply.
(2) 
Use of any vehicles with any audible alarm or warning device is restricted to the hours of 8:00 a.m. to 8:00 p.m.
B. 
Application for a permit shall be submitted to the Village Administrator on an application form to be provided by the Village Administrator.
C. 
Permit applications must be submitted at least 14 days prior to the date filming is to take place, and filming cannot occur until at least seven days after the approval is granted. The Village Administrator shall not consider or approve any application that does not meet the time frames established herein.
[Amended 12-20-2010 by L.L. No. 19-2010; 9-19-2011 by L.L. No. 7-2011]
D. 
Operational limitations.
[Amended 6-15-1992 by L.L. No. 9-1992; 11-7-1994 by L.L. No. 11-1994; 12-20-2010 by L.L. No. 19-2010]
(1) 
[1]Filming shall not be conducted at the same location within 14 days of another filming operation.
[Amended 10-16-2017 by L.L. No. 9-2017]
[1]
Editor’s Note: Former Subsection D(1), limiting filming conducted at the same location, was repealed 10-16-2017 by L.L. No. 9-2017. This local law also redesignated former Subsection D(2) through (7) as Subsection D(1) through (6), respectively.
(2) 
Filming shall not be conducted prior to 7:00 a.m. or after 10:00 p.m. Filming may be permitted before 7:00 a.m. or after 10:00 p.m., provided proof is submitted to the Village Administrator that there will be no impact upon anyone outside of the location where the filming is to occur, and an additional fee set by the Board of Trustees is paid to the Village of Tarrytown for either early start or late completion. Filming past 12:00 midnight will incur filming fees for another day. The Village Administrator may extend the hours of filming to 12:00 midnight subject to any additional conditions and additional fees deemed necessary and appropriate. Should permission be granted for filming after 10:00 p.m. and it is determined that there is an impact upon anyone from the filming, the filming shall be immediately shut down by the Village.
[Amended 10-16-2017 by L.L. No. 9-2017]
(3) 
Equipment used in connection with such filming, including but not limited to lights, generators and related equipment, shall not be set up or operated at the location described in the permit application prior to 7:00 a.m. or after 10:00 p.m., subject to the exception noted in Subsection D(2) hereinabove. Exceptions may be allowed for silent or low-decibel (under 70 db) equipment.
[Amended 10-16-2017 by L.L. No. 9-2017]
(4) 
For residentially zoned districts, filming shall not be conducted at the same location more than twice per calendar year, with at least six months between filming.
(5) 
The Village Administrator may permit the use of parking spaces and/or parking lots for filming purposes and shall charge a fee associated therewith; provided, however that no permission may be granted from 3:00 p.m. on Friday through 12:00 midnight on Sunday.
(6) 
Parking may only be permitted, for any activity or person(s) involved with any component of the filming, regardless of whether that person is directly employed by the company performing the filming or by another entity working with the company performing the filming, in parking spaces included and specifically listed in the permit issued by the Village Administrator. Vehicles found to be parked in parking spaces not included in the permit shall be deemed in violation of the film permit.
E. 
A security deposit shall be required in order to obtain a film permit. The security deposit shall be a minimum of $1,000 per day and a maximum of $5,000 per day. Any violation of any of the provisions of this Local Law or the conditions included in the film permit shall automatically reduce the security deposit by $500, except for the use of public parking spaces not authorized in the permit, the violation of which shall automatically reduce the security deposit by $1,000. There shall be no exception to the reduction of the security deposit and decisions relating to the reduction of the security deposit shall not be appealable. The security deposit shall be replenished should the reductions in the security deposit, pursuant to this Subsection, reduce the security deposit to $0. Should the security deposit not be replenished, the film permit shall be deemed null and void and filming shall immediately cease until the security deposit is replenished.
[Added 12-20-2010 by L.L. No. 19-2010[2]]
[2]
Editor's Note: This local law also provided for the redesignation of former Subsection E as Subsection F.
F. 
The Village Administrator shall have the authority to approve or disapprove an application for a permit and to establish such conditions for filming deemed necessary to protect the health, safety and welfare of the residents of the Village of Tarrytown.
A. 
There shall be no filming on any public property in the Village of Tarrytown, including but not limited to streets, sidewalks, parks and buildings, without first obtaining a permit. A permit shall be required for the running of cable, the placing or storing of equipment of any kind, the parking of vehicles or any other film-related activity on any public property or any other use of public property for the purpose of making films.
[Amended 11-1-1993 by L.L. No. 11-1993; 10-16-2017 by L.L. No. 9-2017]
B. 
Application for a permit shall be submitted to the Village Administrator on an application form to be provided by the Village Administrator.
C. 
Permit applications must be submitted at least 21 days prior to the date filming is to take place, and filming cannot occur until at least 14 days after the approval is granted. The Village Administrator shall not consider or approve any application that does not meet the time frames established herein.
[Amended 12-20-2010 by L.L. No. 19-2010; 9-19-2011 by L.L. No. 7-2011]
D. 
A certificate of insurance must be submitted with the application, naming the Village of Tarrytown as an additional insured, in the following minimum amounts:
[Amended 5-6-1991 by L.L. No. 5-1991; 12-20-2010 by L.L. No. 19-2010]
(1) 
Property damage: $2,000,000 per individual; $2,000,000 per occurrence.
(2) 
Bodily injury: $2,000,000 per individual; $2,000,000 per occurrence.
E. 
Operational limitations.
[Amended 12-20-2010 by L.L. No. 19-2010]
(1) 
Filming shall not be conducted prior to 6:00 a.m. or after 10:00 p.m. Filming may be permitted before 6:00 a.m. or until 12:00 midnight, provided proof is submitted to the Village Administrator that there will be no impact upon anyone outside of the location where the filming is to occur. The Village Administrator may extend the hours of filming to 2:00 a.m. subject to any additional conditions and additional fees deemed necessary and appropriate. Filming starting before 6:00 a.m. or continuing after 10:00 p.m. shall incur an additional fee set by the Board of Trustees, and shall be paid to the Village of Tarrytown for either early start or late completion. Filming past 12:00 midnight will incur filming fees for another day. Should permission be granted for filming after 12:00 midnight and it is determined that there is an impact upon anyone from the filming, the filming shall be immediately shut down by the Village.
[Amended 10-16-2017 by L.L. No. 9-2017]
(2) 
Equipment used in connection with such filming, including but not limited to lights, generators and related equipment, shall not be set up or operated at the location described in the permit application prior to 6:00 a.m. or after 12:00 midnight, subject to the exception noted in Subsection E(1) hereinabove.
F. 
The Village Administrator shall have the authority to approve or disapprove an application for a permit and to establish such conditions for filming as deemed necessary to protect the health, safety and welfare of the residents of the Village of Tarrytown. The Village Administrator may also extend the hours of filming on public property, subject to any conditions and additional fees deemed necessary and appropriate.
G. 
The Village Administrator may permit the use of public parking spaces and/or public parking lots for filming purposes and shall charge a fee associated therewith; provided, however, that no permission may be granted from 3:00 p.m. on Friday through 12:00 midnight on Sunday.
[Added 12-20-2010 by L.L. No. 19-2010; amended 10-16-2017 by L.L. No. 9-2017]
H. 
Parking may only be permitted, for any activity or person(s) involved with any component of the filming, regardless of whether that person is directly employed by the company performing the filming or by another entity working with the company performing the filming, in parking spaces included and specifically listed in the permit issued by the Village Administrator. Vehicles found to be parked in parking spaces not included in the permit shall be deemed in violation of the film permit.
[Added 12-20-2010 by L.L. No. 19-2010]
I. 
A security deposit shall be required in order to obtain a film permit, at the discretion of the Village Administrator, at a cost to be established by the Village of Tarrytown. The security deposit shall be replenished should the reductions in the security deposit, pursuant to this subsection, reduce the security deposit to $0. Should the security deposit not be replenished, the film permit shall be deemed null and void and filming shall immediately cease until the security deposit is replenished.
[Added 12-20-2010 by L.L. No. 19-2010; amended 10-16-2017 by L.L. No. 9-2017]
[Amended 12-20-2010 by L.L. No. 19-2010; 9-19-2011 by L.L. No. 7-2011; 10-16-2017 by L.L. No. 9-2017]
A. 
Applications for filming must be submitted at least 21 days prior to the start of filming.
B. 
Requests for film productions which will exceed five consecutive days may be submitted to the Board of Trustees for approval, approval with conditions or disapproval. The Board of Trustees may establish any additional necessary fee it deems reasonable and appropriate for such filming. Filming cannot occur until at least five days after the approval is granted.
[Added 6-17-1991 by L.L. No. 9-1991[1]; amended 10-16-2017 by L.L. No. 9-2017]
A. 
Applicants shall be responsible for all costs associated with the use of Village employees during the filming process.
B. 
The decision to assign Village employees shall be the responsibility of the Village Administrator and/or the Police Chief for both public and private filming operations.
C. 
The security deposit noted in § 157-3I shall be reduced or released on completion and determination by the Village Administrator and/or the Police Chief that no damages or additional filming-related expenses were incurred.
[1]
Editor's Note: This local law also redesignated former §§ 157-5 through 157-7 as §§ 157-6 through 157-8, respectively.
[Amended 12-20-2010 by L.L. No. 19-2010]
Notwithstanding any section of this chapter, 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.
[Amended 4-22-1991 by L.L. No. 2-1991; 5-6-1991 by L.L. No. 5-1991; 12-19-2005 by L.L. No. 18-2005]
A. 
Fees associated with a film permit shall be included in the Village of Tarrytown Master Fee Schedule[1] and may be amended from time to time by resolution of the Board of Trustees.
[1]
Editor’s Note: Said Master Fee Schedule is on file in the Village offices.
B. 
Fees, once adopted by the Board of Trustees, will be available for inspection in the office of the Village Clerk. The Village Administrator shall be permitted to raise the level of any fee due under this chapter when the circumstances warrant; however, said change is subject to adoption by the Board of Trustees during the next meeting of said Board following the Village Administrator's action pursuant to this section.
[Amended 5-6-1991 by L.L. No. 5-1991; 9-19-2011 by L.L. No. 7-2011; 10-16-2017 by L.L. No. 9-2017]
A. 
Failure to comply with any provision of Chapter 157, Filming, shall be deemed a violation and shall be subject to a penalty as set forth in this chapter.
B. 
Penalties shall be applied within a twelve-month time frame (not calendar year) as follows:
(1) 
First offense: fine up to $1,000 per day.
(2) 
Second offense: fine up to $2,500 per day.
(3) 
Third offense: fine up to $4,000 per day and filming privileges may be suspended for up to 30 days, effective immediately, subject to the determination of the courts.
C. 
In addition to the penalties noted in Subsection A hereinabove, the Village may also revoke the permit.