The Town Board of the Town of Tuxedo recognizes
that the Town's natural beauty and historical sites are attractive
to individuals, organizations, corporations, groups and other entities
involved in the businesses of still photography, motion pictures and
television. Because such filming activities may create a threat to
public safety, health or welfare due to the time, location or duration
of the filming or may unduly interfere with vehicular and/or pedestrian
traffic, the Town desires to regulate such activities through the
issuance of permits. The purpose of this chapter is to set forth the
procedure governing such permit process.
As used in this chapter, the following terms
shall have the meanings indicated:
FILMING
The taking of still or motion pictures, either on film, videotape
or similar recording medium, for commercial or educational purposes,
including but not limited to movies, commercials, documentaries, serials,
shows, performances or other similar events or activities, intended
for viewing on television or in theaters or for institutional use.
No person, firm, corporation, organization or
business entity shall commence or allow filming in the Town of Tuxedo
on public or private property unless a permit therefor, as hereinafter
prescribed, authorized by the Town Board and issued by the Town Clerk,
is in full force and effect.
The applicant shall, at the time of the filing
for such permit, pay a nonrefundable application fee and security
deposit as provided in the Standard Schedule of Fees of the Town of
Tuxedo on file with the Town Clerk, as may be set from time to time
by resolution of the Town Board. The Town Board may require the posting
of reasonable bond in an appropriate case to insure restoration of
the filming location. In the event that the Town Board determines
that the conditions of the permit have been violated, the Town Clerk
shall be authorized to declare that the security deposit is forfeited
in its entirety. The following acts shall constitute prima facie violations
of any filming permit:
A. Unauthorized street closings.
C. The use of equipment, apparatus and/or vehicles not
disclosed in the permit application.
The provisions hereof shall not apply to the
filming of news stories by media personnel.
Any person who shall violate or permit the violation
of any of the provisions of this chapter shall, upon conviction, be
punished by a fine of not less than $500 for the first offense, $1,000
for the second offense, and $1,000 and loss of rights for a period
of six months for the third and subsequent offenses.
The provisions of this chapter shall be enforced
by the members of the Town of Tuxedo Police Department, the Building
Inspector and the Superintendent of Highways, or such other persons
as they shall designate.