[HISTORY: Adopted by the Town Board of the Town of Huntington 11-4-2010 by L.L. No. 27-2010. Amendments noted where applicable.]
[Amended 9-10-2024 by L.L. No. 39-2024]
It is the intent of the Town Board to invite and welcome production companies, organizations, corporations, groups and individuals involved in the production of motion pictures, television distributed by broadcast, cable, satellite, digitally or via streaming, digital video and/or still photography to create new content within the Town of Huntington, so as to encourage the use of the Town of Huntington's parks, beaches, streets, sidewalks, services and staff for the purpose of filming and/or photography. It is the Town's intention to assure the health, safety and welfare of its residents by creating additional jobs for local residents and generating income for local businesses by promoting the use of the Town's parks, beaches, streets, sidewalks services and staff.
[Amended 7-16-2019 by L.L. No. 32-2019; 9-10-2024 by L.L. No. 39-2024]
As used in this chapter, the following words shall have the meanings indicated:
APPLICANT
The applicant, which may be a production company, organization, corporation, group and/or individual that is to engage in the production of motion pictures, television distributed by broadcast, cable, satellite, digitally or via streaming, digital video and/or still photography production (hereinafter referred to as "content") on property or facilities owned by the Town of Huntington and/or the Town of Huntington Board of Trustees.
CHARITABLE FILMS AND PUBLIC SERVICE ANNOUNCEMENTS
Content produced by or for a nonprofit organization, which qualifies under Section 501(c)3 of the Internal Revenue Code as a charitable organization. Persons who are directly or indirectly involved with the production, do not receive a profit from the marketing, distribution and/or production of the film/content.
CONTENT
Content may consist of motion picture, television distributed by broadcast, cable, satellite, digitally or via streaming, digital video, streamed video and/or still photography, as well as all activity pertaining to the production, staging or shooting of motion pictures, television shows, series or programs distributed by broadcast, cable, satellite, digitally or via streaming, music videos and concerts, live sporting events, corporate industrial videos and brand advertisements and/or commercials in any medium, or on any distribution platform, including film, digital video format, streaming, broadband and broadcast. The exceptions include photographs or videos of family events taken for private or personal use, or any other photographs or videos taken by a non-commercial production company exclusively for personal use.
NEWS MEDIA
Content produced for the purpose of delivering news to audiences via broadcast television, subscription based broadband television, vlogs, shorts, reels or podcasts, or the reporting for the print or electronic media by reporters, photographers or cameramen.
STUDENT FILMS
Content that is produced pursuant to the curriculum of an educational institution chartered by the State of New York. Persons directly or indirectly involved with the production of a student film, shall not receive a profit from the marketing, production and/or distribution of the film/content nor from the public exhibition of the film/content.
FILM PERMIT
Written authorization to engage in the production of content on property and/or facilities owned by the Town of Huntington and/or the Town of Huntington Board of Trustees.
FILM PERMIT APPLICATION
A digital, online, or paper form to be used for the purpose of requesting permission from the Town of Huntington to engage in the production of content on property and/or facilities owned by the Town of Huntington and/or the Town of Huntington Board of Trustees.
[Amended 9-5-2018 by L.L. No. 24-2018; 9-10-2024 by L.L. No. 39-2024]
(A) 
Applicant may not engage in the production of content on any Town of Huntington and/or Town of Huntington Board of Trustees property or facility without a Town issued Film Permit, with the exception of those exemptions set forth in § 108-4.
(B) 
Applicant may not violate federal, state or local laws or health and safety codes while engaging in the production of content on any property or facility owned by the Town of Huntington and/or the Town of Huntington Board of Trustees. Any waiver of local law or regulations must be specifically provided for in the Town issued Film Permit.
[Amended 9-10-2024 by L.L. No. 39-2024]
The provisions of this Chapter shall not apply to news media, police related activities, and shall not apply to filming or videotaping of content for private family use.
[Amended 9-5-2018 by L.L. No. 24-2018; 9-10-2024 by L.L. No. 39-2024]
(A) 
Applicant may not commence the production of content on any property or facility owned by the Town of Huntington and/or the Town of Huntington Board of Trustees, unless a permit for such activity has been issued by the Huntington Town Attorney's Office.
(B) 
The Town issued permit must be presented upon request.
[Amended 9-5-2018 by L.L. No. 24-2018; 9-10-2024 by L.L. No. 39-2024]
An application for a permit to film, stream, record or photograph shall be fully completed and signed by the applicant seeking a permit. The application is to be submitted to the Huntington Town Attorney's Office not less than 48 hours prior to the commencement of such filming. Application submissions received less than 48 hours prior to the start of production, may incur a fee ("rush charge") for expediting. The application shall include the following information:
(A) 
The name, address, telephone numbers, and e-mail address of the applicant.
(B) 
A general statement of the character or nature of the proposed filming activity.
(C) 
The proposed location(s) of the filming.
(D) 
The specific date(s) and time(s) of the filming which the permit is intended to cover.
(E) 
The number of cast and crew.
(F) 
The number and types of vehicles.
(G) 
The number and types of equipment.
(H) 
The use of any animals or pyrotechnics.
(I) 
If a student film, a letter from the school verifying that the filming or photography is being done pursuant to the curriculum of an educational institution chartered by the State of New York.
(J) 
If a charitable film, proof of the organization's Section 501(c)3 status.
[Amended 9-5-2018 by L.L. No. 24-2018; 9-10-2024 by L.L. No. 39-2024]
(A) 
A certificate of insurance issued by an insurance company licensed to do business in the State of New York must be submitted to the Huntington Town Attorney's Office two (2) business days prior to the commencement of permitted filming activities. Such certificate shall be in the following coverage amounts and contain the following information:
(1) 
Comprehensive general liability insurance coverage with limits of no less than two million dollars ($2,000,000.00) per occurrence.
(2) 
Automobile liability insurance coverage with limits in an amount acceptable to the Town Attorney.
(3) 
New York Workers' Compensation and New York Disability insurance coverage for production company employees.
(4) 
The Town of Huntington and the Town of Huntington Board of Trustees must be named as certificate holders and as additional insureds, by endorsement on liability insurance policies.
(B) 
Applicant shall conform to all applicable Federal and State requirements for Worker's Compensation insurance for all persons operating under a permit.
(C) 
Execution of a hold harmless agreement shall be required in a form approved by the Huntington Town Attorney's Office.
(D) 
Where deemed necessary by the Town of Huntington, a refundable security deposit may be required to be submitted to assure cleanup of the site. Otherwise, the Town may simply charge the applicant a fee, prior to the start of production, to cover the costs of sanitation, removal of debris and costs related to the use of other municipal personnel.
(E) 
The Town of Huntington may place other reasonable conditions as deemed advisable by the Town Attorney and may place reasonable limitations on the days and/or hours of operation based on the specific Town of Huntington and/or Town of Huntington Board of Trustees property or facility requested or the existence of conflicting scheduled events.
(A) 
The Town Board may, from time to time, by Town Board Resolution, establish fees and charges for applications and issuance of filming permits under this Chapter. These fees shall include but not be limited to:
[Amended 9-5-2018 by L.L. No. 24-2018]
(1) 
Nonrefundable application fee, to be submitted with completed application.
(2) 
Permit fees per location:
[Amended 9-10-2024 by L.L. No. 39-2024]
Full Day Fee - four (4) plus hours up to twenty-four (24) hours.
Half Day Fee - up to four (4) hours.
All fees for film permits are nonrefundable and shall be payable to the Town of Huntington by check, money order, e-check or credit card at time of permit issuance.
(3) 
An expediting fee ("rush charge") may be imposed on applicants who submit an application with less than 48 hours' notice prior to the production of content.
[Added 7-16-2019 by L.L. No. 32-2019; amended 9-10-2024 by L.L. No. 39-2024]
(B) 
Film permit fees will be waived in connection with filming and/or photography done for a charity, a charitable event, a public service announcement, news media, student film, and/or other nonprofit purpose upon the submission of requested documentation and approval of the Town Attorney.
[Amended 9-5-2018 by L.L. No. 24-2018; 9-10-2024 by L.L. No. 39-2024]
(C) 
The production company shall pay the actual cost, if any, for the incidental use of any Town of Huntington personnel, services or equipment in connection with permitted filming activities.
[Amended 9-5-2018 by L.L. No. 24-2018; 11-6-2019 by L.L. No. 56-2019]
(A) 
Any production company committing an offense against any provision of this Chapter shall, upon conviction thereof, be subject to a fine of not less than Two Hundred Fifty ($250) dollars and not exceeding One Thousand ($1,000.00) dollars. The continuation of a violation of the provisions of this Chapter shall constitute, for each day the violation is continued, a separate and distinct offense punishable in like manner. Any production company found by the Bureau of Administrative Adjudication to have violated any provision of this Chapter shall likewise be subject to a monetary penalty within the range of fines authorized herein for offenses or continuing offenses.
[Amended 9-10-2024 by L.L. No. 39-2024]
(B) 
In addition to the criminal and civil penalties set forth herein or in other applicable law, rule or regulation, the Town Attorney is authorized to revoke the permit with forfeiture of fees paid; deny future permit applications; pursue civil and equitable relief in the name of the Town in a court of competent jurisdiction, including but not limited to compensatory actions; civil penalties in the amount of up to five hundred ($500.00) dollars per day, or any part thereof; an action to compel compliance with or to restrain by injunction the violation of this Chapter; and other remedies which in the opinion of the Town Attorney may seem necessary and proper.