[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.
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:
A.
Name, address and telephone number of the applicant.
B.
Name, address, consent of the property owner and tenant
(the latter, if any).
C.
Name, address and telephone number of persons in charge
[director, production manager, and contact person(s)].
D.
Street address.
E.
Date(s) and hours of filming.
F.
Type of production, including title and celebrities,
if any.
G.
If for advertising purposes, name of product.
H.
Scene description.
I.
List of equipment and generator, if any.
J.
Number of persons, cast and crew.
K.
Number and type of vehicles.
L.
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.
M.
Plan to minimize disruption of traffic.
N.
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.
O.
Anticipated viewing place and date for filmed and/or
recorded material.
A.
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).
B.
A separate permit shall be required for each calendar
day, but an applicant may apply for permits for consecutive days on
one application.
C.
The Village Clerk may deny a permit in his or her
sole and absolute discretion.
D.
The filming permit shall contain the following information
at a minimum:
(1)
Date and time of the permitted event.
(2)
A description of the event.
(3)
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]
A.
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:
B.
No filming and/or recording shall be permitted on legal and religious
holidays.
E.
No more than 12 filming permits shall be issued for any given filming
and/or recording site address in any given calendar year.
F.
A separate permit shall be required for each calendar day of filming
and/or recording.
G.
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.
H.
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.
I.
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.
A.
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:
(1)
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.
(2)
Conviction of a felony.
(3)
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.
(4)
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.
B.
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.
A.
Additional regulations. The Village Clerk may promulgate
additional regulations in furtherance of the findings and purpose
of this chapter.
B.
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.
A.
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.
B.
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.
