[HISTORY: Adopted by the Board of Trustees of the Village of Rye Brook 2-28-2006 by L.L. No. 3-2006. Amendments noted where applicable.]
It is the intent of the Village of Rye Brook to encourage, but not solicit, producers and others within the mass communications industries, including filming, television, advertising and commercial photography, to make use of the Village and its environs as a setting for motion-picture films, television shows, commercials and photographs, but only insofar as such use is at all times compatible, and does not unduly interfere, with the lifestyles and day-to-day activities of the Village's citizens and merchants.
For the purpose of this chapter, the following terms, phrases and words and their derivations shall have the following meanings given herein.
- The recording on film or other medium of movies, commercials, documentaries, serials, shows, performances or other similar events or activities, including still photography, but not to include the coverage of news, political, cultural, local sports or school district events.
- PUBLIC PROPERTY
- Any realty or personalty or interest therein owned by the Village of Rye Brook, including all streets, parks and public places, lands, lands underwater, waterfront property, and every estate, interest and right, legal or equitable, therein.
No person or entity shall, for commercial purposes, cause, direct, or conduct movie filming, videotaping, videorecording, television, still photographing, or other recording of visual images and/or audio sounds on private or public property in the Village of Rye Brook without first applying for and obtaining a filming permit therefor from the Village Clerk.
The application for the filming permit shall contain the following at a minimum:
Name, address and telephone number of the applicant.
Name, address, consent of the property owner and tenant (the latter, if any).
Name, address and telephone number of persons in charge [director, production manager, and contact person(s)].
Date(s) and hours of filming.
Type of production, including title and celebrities, if any.
If for advertising purposes, name of product.
List of equipment and generator, if any.
Number of persons, cast and crew.
Number and type of vehicles.
Safety precautions to be undertaken by the applicant in the event that explosive devices, fire and/or hazardous chemicals, demolition of buildings or structures, and/or use of residential vehicles is proposed.
Plan to minimize disruption of traffic.
Certificate(s) of insurance naming the applicant, property owner, and the Village of Rye Brook as insureds, with the type(s) of insurance and amounts of minimum coverage to be determined at the discretion of the Village Clerk and to be contained in a written rider attached to the application and signed by the applicant. Such insurance coverage shall contain an endorsement that the applicant shall defend, hold harmless, and indemnify (including reimbursement of attorneys' fees) the Village of Rye Brook against any and all claims, proceedings, or actions including, but not limited to, bodily injury, death, and property damage, that is brought in connection with or as a result of or arising out of any of the filming and/or recording activities.
Anticipated viewing place and date for filmed and/or recorded material.
An application for a filming permit shall be filed with the office of the Village Clerk in completed form, together with all applicable fees, at least one week prior to the first day of the proposed filming and/or recording date(s).
A separate permit shall be required for each calendar day, but an applicant may apply for permits for consecutive days on one application.
The Village Clerk may deny a permit in his or her sole and absolute discretion.
The filming permit shall contain the following information at a minimum:
Date and time of the permitted event.
A description of the event.
The name and telephone number of persons who can be contacted by residents who have questions or problems prior to, during or after the event, including the names of a Village administration contact and the applicant's responsible representative.
A permittee under a filming permit shall be required to personally deliver or to mail a photocopy of the filming permit to all owners of real property located within 100 feet of a property line of the filming and/or recording site as shown on the latest assessment roll of the Town of Rye Assessor and to all owners of real property located on the same street as the filming and/or recording site who are located within 500 feet of a property line of such site, all at least two calendar days for personal delivery or four postmarked mail delivery days for mailing prior to the first day of filming and/or recording. The Village Clerk may require notice to additional owners of real property in the vicinity if conditions of the filming and/or recording so warrant.
[Amended 5-14-2019 by L.L. No. 6-2019]
Filming and/or recording as permitted under a filming permit including all setup and takedown activities shall only be conducted between the hours of 7:00 a.m. and 9:00 p.m. Monday through Thursday, between the hours of 7:00 a.m. and 10:00 p.m. Friday, between the hours of 9:00 a.m. to 10:00 p.m. Saturday, and between the hours of 9:00 a.m and 6:00 p.m. on Sunday, except for a nonresidential building where filming and/or recording may occur outside of such hours, subject to approval of the Village Clerk and Police Chief, provided that during the hours where filming and/or recording occurs outside of the above-stated hours:
No filming and/or recording shall be permitted on legal and religious holidays.
No more than 12 filming permits shall be issued for any given filming and/or recording site address in any given calendar year.
A separate permit shall be required for each calendar day of filming and/or recording.
The Village Clerk may require the applicant to hire one or more off-duty police officers as a condition of the permit to assist with traffic and crowd control during the event.
The Village Clerk may require the applicant to obtain certification from the Village of Rye Brook Fire Department that the filming and/or recording will not block emergency vehicle access to the filming and/or recording site and/or adjoining areas.
The Village Clerk may require the applicant to post reasonable bond naming the Village as beneficiary thereof to assume adherence to the permit conditions and restrictions of the filming location.
[Amended 5-14-2019 by L.L. No. 6-2019]
The fee for a filming permit shall be established by resolution of the Board of Trustees. The current License and Fee Schedule is on file in the Village Clerk's Office.
The Village Clerk, on his own initiative or upon notice from any public official of the Village, is empowered to suspend or revoke, upon written notice, a permit issued pursuant to this chapter for any of the following reasons:
Violation by the permittee of any law or ordinance or any rule or regulation of any agency of the state, county or Village pertaining to the filming at the permitted location.
Conviction of a felony.
Permittee has permitted disorderly conduct at the permitted location or conduct detrimental to health and safety of others or constituting a breach of the public place.
Abrogation of any agreement, written or oral, between the permittee and the Village Clerk or any other public official of the Village of Rye Brook.
Revocation of a permit pursuant to the above conditions shall bar such offender from applying for a new permit within one year from the date of revocation.
Additional regulations. The Village Clerk may promulgate additional regulations in furtherance of the findings and purpose of this chapter.
Waiver of all or part of chapter. All or part of this chapter may be waived by the Village Board of Trustees for a particular filming and/or recording event on the Village Board's finding that such waiver would be in the public interest of the surrounding neighborhood and/or Village as a whole.
Any person aggrieved by the action of the Village Clerk or his designated agent in connection with the denial of an application for a filming permit may take an appeal therefrom to the duly constituted Village Board of Trustees. After review of said appeal, the Board of Trustees shall affirm the action of the Village Clerk or his designated agent or may reverse or modify the action of the Village Clerk or his designated agent based upon a finding that such determination was arbitrary, capricious or not supported by substantial evidence.
This chapter shall be enforced by the Village Clerk and Rye Brook Police Department.
Each and every violation of this chapter shall constitute a misdemeanor and shall be punishable, upon conviction, by a fine of not less than $250 nor more than $1,000 and/or imprisonment not exceeding 15 days for each and every day of violation under this chapter.
The imposition of such fine and/or imprisonment shall not be the Village's exclusive remedy in the event of violation, and the Village shall have the right to pursue any and all other legal and equitable remedies available to it in connection with any violation of this chapter.