[HISTORY: Adopted by the Town Board of the
Town of Somers 10-11-1990 by L.L. No. 2-1990. Amendments noted where
applicable.]
A.
The Town Board finds that significant filming, videotaping
and recording on private property may occur in the Town of Somers
for commercial purposes, creating hardship, inconvenience, danger
and discomfort to large numbers of citizens and residents of the Town
of Somers because of the inconvenience and disruption of traffic placed
on the public streets and private neighborhoods.
B.
By reason of the foregoing, the Town Board finds that
the health, welfare and safety will be served by adoption of a local
law providing a means of regulating, by license, the undertaking of
any filming, videotaping or recording in a commercial manner on private
property.
C.
The Town Board does hereby ordain and enact this chapter
to accomplish the aforesaid purposes.
[Amended 4-12-2018 by L.L. No. 5-2018]
No movie, documentary television program, commercial, similar
presentation, or any portion thereof, shall be filmed, videotaped,
recorded or otherwise made on any private or public property within
the Town of Somers unless an agent of the group or company doing the
filming, videotaping or recording or the individual doing the filming,
videotaping or recording, hereinafter sometimes referred to as the
"applicant(s)," first makes an application for and obtains a permit
for the filming, videotaping or recording.
[Amended 12-13-2012 by L.L. No. 7-2012]
A.
Applications may be submitted to the Town Clerk in person or by mail
and must contain at least the following information:
(1)
The name of the applicant.
(2)
The location of the property where filming, videotaping, etc., is
to take place.
(3)
Whether the applicant is the owner or tenant in possession of the
property; the name of owner of property if the applicant is not the
owner.
(4)
The name of the person or entity the applicant wishes to allow to
film, videotape, etc.
B.
The applicant shall submit a use plan showing the days and hours
of proposed operation, parking plans and any mitigating measures proposed,
and the name, local address and local telephone number of a person
who will be available 24 hours a day during the activity and who shall
have control of and responsibility for the direction of all participants
in the permitted activity and for the property for which the activity
is permitted.
C.
The Town Clerk shall seek the advice of the Chief of Police and the
Superintendent of Highways in reviewing such plans.
D.
The Town Clerk, in consultation with the Town Board, if necessary,
shall attach conditions and safeguards ensuring the orderly conduct
of the activity and the minimization of impact of such use and shall
specify the duration and hours of operation of such activity.
E.
The Town Clerk, in consultation with the Town Board, if necessary,
may require the applicant to post reasonable bond to assure adherence
to the permit conditions set forth. The Town Clerk may further require
an applicant to furnish the Town with a hold-harmless and indemnification
agreement, together with a certificate of insurance relieving the
Town from any potential liability by virtue of the applicant's
activities.
F.
The Chief of Police shall have the power to cause the conditions
set by any special permit granted under this section to be enforced.
G.
Site plan approval by the Planning Board is not required for permits
issued under this section.
[Amended 10-17-1991 by L.L. No. 7-1991]
Each applicant shall pay a fee to the Town of
Somers in an amount set by resolution of the Town Board[1] unless such fee is waived by the Town Board for good cause
shown.
[1]
Editor's Note: The current fee is set forth
in the fee schedule, which is on file in the office of the Town Clerk.
A.
Filming, recording, videotaping, etc., for which a permit is required under § 96-2 above shall in no event be conducted at the same location (i.e., in the same building or at the same street address) more than any portion of three calendar days within any twelve-month period.
B.
No applicant shall permit any filming, recording,
videotaping, etc., for which a permit has been issued to be conducted
prior to 8:00 a.m. or after 7:00 p.m.
C.
No applicant shall permit equipment used in connection with such filming, including but not limited to lights and generators, etc., to be operated at the location described in § 96-3A(2) prior to 8:00 a.m. or after 7:00 p.m. No applicant shall permit equipment to be used in connection with the filming, videotaping, etc., to be set up outdoors at the location prior to 8:00 a.m., and all such equipment shall be removed from outdoors by 7:00 p.m.
[Amended 12-13-2012 by L.L. No. 7-2012]
A.
Any person, persons, corporation, company, group, or other entity
of any kind who fails to obtain the permit required herein, or otherwise
violates any provision of this chapter, shall be subject to a fine
of up to $1,000.
B.
The imposition of such fine shall not be the Town's exclusive
remedy in the event of a violation of this chapter. The Town may pursue
any and all other legal remedies available to it in connection with
any violation of this chapter.
C.
Previous violations. Notwithstanding any of the foregoing, 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.
