[HISTORY: Adopted by the Board of Trustees of the Village
of Mill Neck 6-9-2009 by L.L. No. 1-2009. Amendments noted where
applicable.]
GENERAL REFERENCES
Fees — See Ch. A132.
The Village of Mill Neck has received a number of requests in
recent years to use public and private areas of the Village for purposes
of commercial filming. The Board of Trustees hereby finds that it
is in the public interest to require a permit for such use, to establish
the standards that will govern applications for these permits and
to minimize the impact of such activity on the residential community.
As used in this chapter, the following terms shall have the
meanings indicated:
The recording on film, video or other medium of motion pictures,
commercials, documentaries, shows, performances, athletic or sports
events or other similar events or activities, including still photography.
As used herein, "filming" shall include the use of public or private
property for persons, equipment, vehicles, props, cameras, and any
other items or materials used in connection with such filming. The
filming of home movies or videos intended for the exclusive use of
the owner and his/her immediate family are exempt from this chapter
and are not included in the definition of "filming."
[Amended 3-15-2023 by L.L. No. 3-2023]
The Incorporated Village of Mill Neck.
No person, firm, association or corporation shall commence filming
within the Village unless a permit therefor has been issued by the
Village Clerk.
A.
An application for a filming permit shall be made on forms provided
by the Village Clerk and shall contain at least the following information:
(1)
Name, address and telephone number of the person or entity making
the film.
(2)
Name, address and telephone number of the location coordinator or
other contact person.
(3)
Purpose of the filming.
(4)
Specific location of the property or roadway to be used in the filming.
[Amended 6-5-2012 by L.L. No. 2-2012]
(5)
Dates and times of the day that the property will be used.
(6)
Name and address of the property owner.
(7)
Consent of the owner of the property.
(8)
Such other information as may be required by the Village Clerk.
B.
The Village Clerk may grant, deny or grant the permit with restrictions
and/or conditions.
C.
The Village Clerk may deny an application for a filming permit if
he/she determines, in writing, that it will create a dangerous condition,
interfere with the use of the Village streets or public places, create
a nuisance to the Village residents or violate any provisions of the
Village Code.
A.
Every permit shall contain a date of commencement, including set-up
dates, and expiration, including take-down dates, as well as the specific
hours which filming will occur.
[Amended 6-5-2012 by L.L. No. 2-2012]
B.
At no time shall filming or the use of equipment therefor be conducted
between the hours of 11:00 p.m. and 8:00 a.m.
C.
No filming shall commence prior to 10:00 a.m. on Sundays.
D.
The Village Clerk may place further reasonable limitations on the
hours of operation based on the needs of the particular neighborhood
or the existence of conflicting scheduled events.
E.
No more than three applications for a filming permit may be granted
for any one residential property per calendar year, unless approved
by the Board of Trustees.
F.
The permit shall only apply to one property.
[Added 6-5-2012 by L.L. No. 2-2012]
G.
Notice requirements.
[Added 6-5-2012 by L.L. No. 2-2012]
(1)
For
property located on a public road, the applicant shall notify in writing
all abutting property owners of the proposed filming at least three
days before the earlier of the first set-up date or the day filming
begins. Abutting land shall include land across the street from the
property.
(2)
For
property located on a private road, the applicant shall notify in
writing all property owners on the private road of the intent to film
on the property, and must secure a written approval authorizing the
filming from either the road association or all the property owners.
This authorization must be filed along with the permit application
prior to any permit being issued by the Village. After the permit
is issued, the applicant shall notify in writing all property owners
on the road of the filming at least three days before the earlier
of the first set-up date or the day filming begins.
(3)
For
filming on a roadway, the applicant shall notify in writing all property
owners whose land abuts that portion of the roadway where the filming
is being done at least three days before the earlier of the first
set-up date or the day filming begins.
[Amended 12-14-2010 by L.L. No. 2-2010; 6-1-2011 by L.L. No.
3-2011; 6-5-2012 by L.L. No. 2-2012; 3-15-2023 by L.L. No. 3-2023]
The fee for a filming permit involving all filming other than
still photography shall be $1,000 plus $2,500 per day, including days
used for setup and take down, which shall be paid in cash or check
three business days prior to the issuance of the permit. The fee,
however, shall be waived in connection with filming done for a charitable,
public service, or other similar not-for-profit purpose. The fee for
a filming permit involving only still photography shall be $1,000
per day.
The applicant shall pay the actual cost for the incidental use
of any Village personnel, services or equipment in connection with
the filming.
No permit shall be issued until the applicant has deposited
with the Village Clerk a certificate or policy of general liability
insurance, including personal injury liability, in an amount not less
than $1,000,000 bodily injury and property damage combined single
limit, naming the Village as an additional insured, thereby providing
a defense and indemnity from and against any claim, loss or damage
resulting from the filming for which the permit is issued.
A.
The Village Clerk may suspend or revoke a filming permit for any
of the following reasons:
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. This decision may be reviewed under the New York Civil Practice
Law and Rules by an Article 78 proceeding brought within 30 days of
the filing of the Clerk's decision in his/her office.
C.
In the event that a permit is suspended or revoked, the fees paid
therefor shall be forfeited and shall not be refunded to the applicant.
The Board of Trustees, upon prior application, may, for good
cause shown, grant a waiver of any of the permit restrictions.
A.
Any person, firm or corporation who or which shall violate or fail,
neglect, or refuse to comply with any provision of this chapter or
any rule or determination made thereunder, or who shall undertake
filming without a permit therefor, shall, upon conviction thereof,
be punished by a fine of not more than $1,500 or by imprisonment for
not more than 15 days, or by both such fine and imprisonment. Each
day that a violation continues shall be deemed a separate violation.
B.
In addition to the penalties set forth hereinabove, the Village may
enforce any provision of this chapter by injunction or by civil action
to recover a civil penalty in an amount not to exceed $1,500 for each
violation.
