[HISTORY: Adopted by the Board of Trustees of the Village of Lake Success 12-9-1996 by L.L. No. 6-1996. 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 and to establish the standards that will govern applications for these permits.
As used in this chapter, the following terms shall have the meanings indicated:
- The recording on film or other medium of motion pictures, commercials, documentaries, shows, performances, athletic or sports events, or other similar events or activities, including still photography. The filming of home movies taken by and intended for the exclusive use of the owner and his/her immediate family shall be excepted herefrom.
- The Incorporated Village of Lake Success.
No person, firm, association or corporation shall commence filming within the village unless a permit therefor has been issued by the Village Administrator. 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.
An application for a filming permit shall be made on forms provided by the Village Administrator 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 day that the property will be used.
A description of all vehicles, equipment, props and sets to be used in connection with the filming.
Name and address of owner of property.
Consent of owner of property.
Child performer permit for each performer under the age of 18.
Such other information as may be required by the Village Administrator.
The Village Administrator may deny an application for a filming permit if it determines that it will create a hazardous condition, interfere with the use of village streets or public places, create a nuisance to village residents, or violate any provisions of the Village Code.
Every permit shall contain a date of commencement and an expiration date and shall contain the specific hours during which filming shall 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 Administrator 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.
[Amended 9-14-2009 by L.L. No. 2-2009]
The fee for a filming permit shall be $1,000 per day of filming. The fee shall be paid in cash or certified check prior to the issuance of the permit. This fee, however, shall be waived in connection with filming done for a charitable, educational, public service or other similar nonprofit purpose. The applicant shall pay the actual cost for the use of any Village personnel services or equipment in connection with the filming. The applicant shall, prior to the issuance of a permit, pay such costs on an estimated basis and shall also post adequate security to ensure the payment of any such costs which cannot be reliably estimated.
The Village Administrator may suspend or revoke a filming permit issued for any of the following reasons:
A decision of the Village Administrator to suspend or revoke a permit shall be appealable to the Board of Trustees, whose decision thereon shall be final.
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.
No permit shall be issued until the applicant has deposited with the Village Administrator 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.
In addition, the applicant shall deposit with the Village Administrator a cash bond or letter of credit in an amount to be determined by the Village Administrator to guarantee the reconstruction or restoration of any public property that may be damaged as a result of the filming. Such bond or letter of credit shall be in a form acceptable to and approved by the Village Attorney.
Any person, firm or corporation who shall violate or fail, neglect or refuse to comply with any provisions 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 $2,500 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 $2,500 for each violation.