[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:
A.
Name, address and telephone number of the person or
entity making the film.
B.
Name, address and telephone number of the location
coordinator or other contact person.
C.
Purpose of the filming.
D.
Specific location of each property to be used in the
filming.
E.
Dates and times of day that the property will be used.
F.
A description of all vehicles, equipment, props and
sets to be used in connection with the filming.
G.
Name and address of owner of property.
H.
Consent of owner of property.
I.
Child performer permit for each performer under the
age of 18.
J.
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.
A.
Every permit shall contain a date of commencement
and an expiration date and shall contain the specific hours during
which filming shall occur.
B.
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.
C.
No filming shall commence prior to 10:00 a.m. on Sundays.
D.
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.
A.
The Village Administrator may suspend or revoke a
filming permit issued for any of the following reasons:
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
