[HISTORY: Adopted by the Board of Trustees
of the Village of Roslyn Harbor 3-21-2007 by L.L. No. 2-2007.
Amendments noted where applicable.]
The Board of Trustees of the Incorporated Village
of Roslyn Harbor (the "Village") hereby finds that it would serve
the public interest to require a permit for use of property in the
Village for filming (as defined below) and to establish the standards
that will govern application for such permits.
As used in this chapter, the following terms
shall have the meanings indicated:
The recording, on film, tape or other medium, of motion pictures,
commercials, documentaries, shows, performances, athletic or sports
events or other similar events or activities, with the intention that
the end product be distributed commercially or shown or exhibited
at any place or locale where an admission fee is charged. The term
"filming" shall not include still photography, the recording of news,
political events and local sports or school district events by any
person for the purposes of providing news or information about such
activities or events, or activities contained wholly within any building
in the Village and which involve no physical activity or presence
outside such building. The term "filming" also shall not include any
recording made by the Village.
No person, firm, entity, association or corporation
shall commence, conduct, permit or cause filming in the Village unless
a permit therefor has been issued by the Village Clerk or, if applicable,
the Board of Trustees, and unless such filming is in compliance with
the terms and conditions of such permit. As used herein, filming shall
include the use of public property for persons, equipment, vehicles,
props, cameras and any other items or materials used in connection
with such filming.
A.
An application for a filming permit shall be made
on forms provided by the Village Clerk and shall contain the following
information:
(1)
Name, address and telephone number of the person or
entity owning the rights to the film.
(2)
Name, address, telephone number and written consent
of the owner of the property where the proposed filming is to be conducted,
and the name, address and telephone number of the location coordinator
or other contact person.
(3)
Nature and purpose of the filming.
(4)
Number of people to be used in any capacity involving
the filming.
(5)
Specific location of the property to be used.
(6)
A description of all vehicles to be used in connection
with the filming; vehicle registration information of all such vehicles
must be provided no later than the commencement of filming.
(7)
A description of all equipment to be used in connection
with the filming.
(8)
The date(s) and time(s) the filming is proposed to
occur.
(9)
Such other information as may be required by the Mayor
or the Board of Trustees.
B.
Any change in the planned filming activities for which
a permit has been requested or obtained shall be submitted in writing
in advance of the implementation of the proposed changes and shall
be approved or denied in the same manner as the original application.
C.
An application for a filming permit must be submitted
to the Village Clerk no fewer than five days prior to the first day
of filming, unless the Mayor waives this condition for good cause.
D.
Any application by an applicant wishing to secure
a filming permit for a project that will require a filming period
of more than three days in duration shall be submitted to the Board
of Trustees for approval.
A.
No permit shall be issued until the applicant has
deposited with the Village Clerk a certificate of general liability
insurance with a limit of not less than $1,000,000 for bodily injury
per occurrence and $100,000 for property damage, naming the Village
as "additional insured."
B.
In the event that the filming activity shall include
or exceed 25 persons appearing within any given scene of said activity,
the applicant shall provide the Village Clerk with a certificate of
general liability insurance with a limit of not less than $2,000,000
for bodily injury per occurrence and $500,000 for property damage.
C.
Under conditions which are considered to be inherently
dangerous activities, the applicant shall provide a policy or certificate
of general liability insurance with a limit of not less than $5,000,000
for bodily injury per occurrence and $1,000,000 for property damage.
For the purpose of this section, inherently dangerous activities shall
include, but not be limited to:
(1)
The handling, explosion or detonation of any explosive
device, material or combustible material, such as dynamite.
(2)
The handling of any dangerous or poisonous animal,
reptile or insect.
(3)
The engaging in the pursuit of another or others using
an automobile, motorcycle, aircraft, motorboat, or any other similar
motor-powered vehicle.
(4)
The engaging in any activity, stunt or exhibition
that a reasonable or prudent person would not engage in as constituting
a danger too great to be risked by himself or others.
D.
In addition, the applicant shall deposit with the
Village Clerk a cash bond or letter of credit in an amount to be determined
by the Village Clerk to guarantee the reconstruction or restoration
of any public or private property 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.
Under no circumstances shall parking of cars
or trucks on Village streets or any other areas of Village jurisdiction
be permitted. Any applicant receiving a permit for filming shall park
all vehicles in areas other than on Village roads. Applicants may
purchase optional parking at the Village Hall or Long Island Railroad
Greenvale train station, subject to availability. The applicant will
notify the Village Clerk of any such parking locations.
No fewer than 10 days prior to the commencement
of filming, any applicant receiving a permit shall send, via certified
mail, at the sole cost of the applicant, notification of such filming
to: all residents and business owners residing or doing business within
500 feet of the filming site; the Nassau County Police Department,
Sixth Precinct; the Glenwood Fire Department; the Roslyn Fire Department.
The applicant shall deliver proof of such notification to the Village
Clerk no fewer than five days prior to the commencement of filming.
Any applicant receiving a permit shall indemnify
and hold harmless the Village, its agents, officers and employees
against any and all claims, demands, causes of action, costs and liabilities
of every kind and nature.
The fee for a filming permit shall be established,
and may be amended from time to time, by resolution by the Board of
Trustees. The fee shall be paid in cash or by certified check prior
to the issuance of the permit. In addition, 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 Clerk may deny an application for a filming
permit if it does not comply with the purpose and intent of this chapter
or if the public interest will be served by such denial. The Village
Clerk may also deny any application for a permit in connection with
filming which, in the Village Clerk's judgment, would conflict with
other scheduled events in the area of the filming location, would
be detrimental to the community because of anticipated excessive noise,
illumination or other effect caused by the proposed filming, including
but not limited to the use of explosives, or would unduly interfere
for an extended period of time with the day-to-day activities of citizens,
property owners or merchants. The applicant may appeal such denial
to the Board of Trustees, whose decision thereon will be final.
B.
Every permit shall contain a date of commencement
and a date of expiration and shall contain the specific hours during
which filming may occur. No film shall take place except in accordance
with the terms and conditions of the permit.
C.
At no time shall filming or the use of equipment thereof
be conducted in a residential area between the hours of 11:00 p.m.
and 8:00 a.m.
D.
At no time shall filming or the use of equipment thereof
be conducted in a nonresidential area between the hours of 11:00 p.m.
and 8:00 a.m. except that the Board of Trustees may permit filming
during such hours and in such locations upon good cause shown and
upon a finding that such filming will not have any adverse effect
on a resident or business in the Village.
E.
On Saturdays or Sundays, no filming in any area of
the Village may commence before 10:00 a.m.
F.
No filming activity shall intrude or interfere with
the privacy or property of any resident or property owner in the Village
unless a written consent is obtained from said resident or property
owner.
G.
There shall be no rerouting of traffic in connection
with the filming activity, except as specifically authorized by the
Board of Trustees or the Mayor as a condition of the permit approval.
The filming shall be conducted so as not to interfere with access
to fire stations and fire hydrants. Equipment, materials or obstructions
shall not be placed within 15 feet of fire hydrants. Passageways leading
to fire escapes or fire-fighting equipment shall be kept free of equipment,
materials or obstructions. Parking spaces for the handicapped shall
be kept free of equipment, materials or obstructions.
H.
The Board of Trustees may place further reasonable
conditions and/or limitations on the activity, including hours of
operation, based on the needs of the particular neighborhood or the
existence of conflicting scheduled events, or to protect the public
health, safety and general welfare of the Village.
A.
Upon the Village Clerk's own initiative or upon notice
from any person, the Village Clerk may suspend or revoke a filming
permit for any of the following reasons:
(1)
Violation of any law, rule or regulation of the United
States, the State of New York, the County of Nassau, the Incorporated
Village of Roslyn Harbor or any department or agency thereof.
(2)
Violation of any condition or requirement of the permit.
(3)
Conduct that is detrimental to the health, safety
or welfare of the residents of the Village or that is detrimental
to public or private property within the Village.
B.
A decision of the Village Clerk 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 fee paid therefor shall be forfeited and shall not be refunded
to the applicant.
D.
Revocation of a filming permit shall bar the offender
from applying for a new permit within one year from the date of the
revocation and shall bar any further application for a filming permit
at the same premises for a period of one year from the date of revocation.
Upon the completion of filming, the applicant
shall clean and restore, or cause to be cleaned and restored, at his
own cost, the premises used in filming to the state of such premises
prior to filming. Any costs incurred by the Village for subsequent
cleanup shall be forwarded to the applicant for payment.
