[HISTORY: Adopted by the Town Board of the Town of Clarkstown 9-23-2008 by L.L. No. 14-2008. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 278.
The purpose of this local law is to create Chapter 139 to codify the Town's requirements for filming within the Town of Clarkstown.
The Town Board finds that interest in filming, video taping and recording on private and public property has been increasing in the Town of Clarkstown, for commercial purposes, creating possible hardship, inconvenience, danger and discomfort to large numbers of citizens and residents of the Town of Clarkstown because of the inconvenience and disruption of traffic placed on the public streets and private neighborhoods.
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 permit, the undertaking of any filming, videotaping or recording in a commercial manner on private or public property.
No movie, documentary, television program, commercial or similar presentation, or any portion thereof, shall be filmed, videotaped, recorded or otherwise made on any private or public property within the Town of Clarkstown if a fee is to be paid or anything of value changes hands for such use of the property unless a permit is first obtained from the Town for the filming, videotaping or recording. A permit shall be deemed to be validly issued when executed by the Chief of Police (or his designee) and the Town Attorney.
Applications may be submitted to the Town Clerk with a copy to the Town Attorney, in person or by mail, and must contain at least the following:
The name of the applicant.
The location of the property where filming, videotaping, etc., is to take place.
Whether the applicant is owner or tenant in possession of the property; the name of the owner of the property if the applicant is not the owner.
The name of the person or entity the applicant wishes to allow to film, videotape, etc.
The applicant shall submit a 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.
The application shall be referred by the Town Attorney to the Chief of Police for review and comment.
The Chief of Police and/or the Town Attorney may 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.
The applicant shall furnish the Town with a hold-harmless and indemnification agreement, together with a certificate of insurance in an amount to be determined by the Town's Insurance and Claim's Manager, relieving the Town from any potential liability by virtue of the applicant's activities. The applicant shall also furnish a copy of the applicant's insurance policy endorsement naming the Town of Clarkstown as an additional insured. The Town Attorney may further require the applicant to post a reasonable bond to assure adherence to the permit.
The Chief of Police may require, as a condition of any permit, that the applicant utilize the services of that number of Town of Clarkstown police officers that the Chief of Police deems necessary to ensure the public safety at the location of the filming, videotaping or recording at a rate consistent with the overtime provisions of the existing collective bargaining agreement (CBA).
The Chief of Police shall have the power to cause the conditions set by any permit granted under this section to be enforced.
Site plan approval by the Planning Board is not required for a permit issued under this section.
Each applicant shall pay to the Town of Clarkstown a fee, as set in a fee schedule determined by the Town Board from time to time by resolution, for filming, videotaping or recording on private property, per day, and a fee, as set in a fee schedule determined by the Town Board, per day, for any filming, videotaping, parking or recording on public property.
Any person, persons, corporation, company, group or other entity of any kind who or which fails to obtain the permit required herein or otherwise violates any provision of this chapter shall be guilty of an offense. Such offense shall be punishable by a fine of not less than $500 per offense or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. Each day such violation occurs shall constitute a separate offense.
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.