[HISTORY: Adopted by the Town Board of the
Town of Tuxedo 3-27-2006 by L.L. No. 5-2006. Amendments noted where
applicable.]
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:
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.
A.
Except as herein otherwise provided, every person
desiring to engage in filming within the Town of Tuxedo shall make
application for such permit to the Town Board on a form provided by
the Town Clerk, which application shall include the following information
and shall be accompanied by a permit fee as hereinafter set forth.
(1)
The name, address and day and evening phone numbers
of the applicant.
(2)
The location or locations of such filming and the
date or dates when filming shall take place.
(3)
The number of vehicles, equipment and other apparatus
proposed to be operated by the applicant and a description of each
such vehicle, including license plate numbers, equipment and apparatus.
(4)
Production schedule, including a schedule and description
of all dangerous activities and use of explosives.
(5)
Any other relevant information which the Town Board
may require from time to time as it deems appropriate.
B.
A permit shall be required for each location.
C.
If a permit is issued and, due to inclement weather
or other good cause, filming does not take place on the dates specified,
the Town Clerk may, at the request of the applicant who shall certify
that filming did not take place on the dates specified, issue a new
permit for filming on other dates subject to full compliance with
all other provisions of this chapter. No additional fee shall be paid
for this permit.
D.
At least 48 hours prior to the issuance of a permit,
the applicant shall notify adjacent and abutting property owners in
writing by delivering to them a copy of the permit application.
A.
No permit shall be issued for filming at a particular
location within the Town of Tuxedo which would permit filming at said
location on more than six days during any one calendar year.
B.
No permit shall be issued for filming upon public
lands within the Town of Tuxedo unless the applicant for such permit:
(1)
Provides proof of insurance coverage, naming the Town
of Tuxedo as an additional insured and containing a statement thereon
that a notice of cancellation, nonrenewal or reduction of the insurance
shall be given to the Town of Tuxedo at least 30 days prior to such
cancellation, nonrenewal or reduction, as follows:
(a)
General public liability in the amount of not
less than $10,000,000 combined single limit.
(b)
Automobile liability covering owned and nonowned
vehicles in the amount of not less than $1,000,000 combined single
limit.
(c)
Workers' compensation and disability insurance
as required by the State of New York.
(2)
Agrees in writing to defend, indemnify and hold harmless
the Town of Tuxedo, its agents, servants and employees, from any and
all claims, causes of action, liability, losses or damages which may
arise out of, and for the payment of all damages for bodily injury
or property damage which may be caused to any person by reason of,
the filming operations performed under the permit or from any acts
or omissions of the permit holder, his agents, employees, contractors
or subcontractors.
C.
The holder of a permit shall take all reasonable steps
to minimize interference with the free passage of pedestrians and
traffic over public lands and shall comply with all lawful directives
issued by the Tuxedo Police Department with respect thereto.
D.
The holder of a permit shall conduct filming in such
a manner as to minimize the inconvenience or discomfort to adjoining
property owners attributable to such filming and shall, to the extent
practicable, abate noise and park vehicles associated with such filming
off the public streets. The holder shall avoid any interference with
previously scheduled activities upon public lands and limit to the
extent possible any interference with normal public activity on such
public lands.
E.
The holder of a permit shall take all reasonable steps
to minimize the creation and spread of debris and rubbish during filming
and shall be responsible for the removal of all equipment, debris
and other rubbish from the filming location upon the completion of
the filming or upon the earlier expiration or revocation of the permit.
F.
Filming shall be permitted only Monday through Friday
between the hours of 7:00 a.m. and 10:00 p.m. In this connection,
the setup of equipment and vehicles and the breakdown of such equipment
and vehicles at the end of the filming shall be accomplished within
the permitted time period. Equipment, vehicles and apparatus are permitted
to arrive in the Town prior to 7:00 a.m., but in no event shall equipment
be set up earlier than 7:00 a.m. on the day filming is permitted.
G.
Denial of permit; suspension or revocation.
(1)
The Town Board may deny the issuance of a permit whenever
it is determined, on the basis of objective evidence after a review
of the application and a report thereon from the Police Department,
the Highway Department or any other applicable Town departments or
agencies involved with the proposed filming site, that filming at
the location and/or the time set forth in the application would violate
any law or would unreasonably interfere with the public's use of public
lands, unreasonably interfere with the use and enjoyment of adjoining
properties, unreasonably impede the free flow of pedestrian and vehicular
traffic, or otherwise endanger the public health and welfare or unreasonably
disturb the peace and tranquility of adjoining property owners.
(2)
Any permit issued hereunder may be suspended or revoked
by the Town Board if the holder thereof shall violate any provision
of this chapter, any rule or regulation adopted hereunder or any local
law of the Town, or if the permit holder is convicted of the violation
of any traffic law, ordinance or regulation of the State of New York
or of any municipality of the State of New York, or the commission
of any crime or offense, or is guilty of making a false statement
or misrepresentation in his application. Any person who takes part
in or assists in any violation as herein described shall likewise
be subject to the penalties provided herein.
H.
Any person aggrieved by a decision of the Town Board granting, denying, suspending or revoking a permit or a person requesting relief pursuant to Subsection G hereof may appeal in accordance with Article 78 of the Civil Practice Law and Rules. Any such appeal must be filed not later than 30 days after the decision of the Town Board.
I.
The Town Board may authorize a waiver of any of the
requirements or limitations of this chapter and may authorize filming
other than during the hours and days herein described whenever it
determines that such a permit may be issued without endangering the
public health, safety and welfare and without unreasonably disturbing
the peace and tranquility of the neighborhood where it is proposed
to film. A public hearing shall be held for every application for
a waiver. The Town Board shall fix the time and place of such public
hearing and shall give written notification thereof to abutting and
adjacent property owners.
J.
The Town Board may promulgate or amend, by resolution,
such additional rules and regulations as it deems necessary to further
the purposes of this chapter.
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:
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.
