[HISTORY: Adopted by the Board of Trustees
of the Village of Tarrytown 7-17-1989 by L.L. No. 10-1989. Amendments
noted where applicable.]
The village has experienced a significant increase
in requests to film in the community. This chapter attempts to establish
guidelines for filming in the village and to create consistency in
the manner in which the village handles applications for filming.
[Added 10-16-2017 by L.L.
No. 9-2017]
For purposes of this chapter:
The filming, videotaping, recording or otherwise capturing
of commercials, movies, television programs, documentaries, photo
shoots, internet programs or other similar operations.
A.
There shall be no filming on any private property in the Village
of Tarrytown without first obtaining a permit. A permit shall be required
for the running of cable, the placing or storing of equipment of any
kind, the parking of vehicles or any other film-related activity for
the purpose of filming. Filming shall be permitted subject to the
following conditions:
[Amended 11-1-1993 by L.L. No. 11-1993; 11-7-1994 by L.L. No. 11-1994; 12-20-2010 by L.L. No. 19-2010; 10-16-2017 by L.L. No. 9-2017]
(1)
All vehicles associated with the filming must be contained on the
site and not parked on any Village street or private road. If vehicles
or equipment are placed on public streets, the public filming fee
shall apply.
(2)
Use of any vehicles with any audible alarm or warning device is restricted
to the hours of 8:00 a.m. to 8:00 p.m.
B.
Application for a permit shall be submitted to the
Village Administrator on an application form to be provided by the
Village Administrator.
C.
Permit applications must be submitted at least 14
days prior to the date filming is to take place, and filming cannot
occur until at least seven days after the approval is granted. The
Village Administrator shall not consider or approve any application
that does not meet the time frames established herein.
[Amended 12-20-2010 by L.L. No. 19-2010; 9-19-2011 by L.L. No.
7-2011]
D.
Operational limitations.
[Amended 6-15-1992 by L.L. No. 9-1992; 11-7-1994 by L.L. No.
11-1994; 12-20-2010 by L.L. No. 19-2010]
(1)
[1]Filming shall not be conducted at the same location within
14 days of another filming operation.
[Amended 10-16-2017 by L.L. No. 9-2017]
[1]
Editor’s Note: Former Subsection D(1), limiting filming
conducted at the same location, was repealed 10-16-2017 by L.L. No.
9-2017. This local law also redesignated former Subsection D(2) through
(7) as Subsection D(1) through (6), respectively.
(2)
Filming shall not be conducted prior to 7:00 a.m. or after 10:00
p.m. Filming may be permitted before 7:00 a.m. or after 10:00 p.m.,
provided proof is submitted to the Village Administrator that there
will be no impact upon anyone outside of the location where the filming
is to occur, and an additional fee set by the Board of Trustees is
paid to the Village of Tarrytown for either early start or late completion.
Filming past 12:00 midnight will incur filming fees for another day.
The Village Administrator may extend the hours of filming to 12:00
midnight subject to any additional conditions and additional fees
deemed necessary and appropriate. Should permission be granted for
filming after 10:00 p.m. and it is determined that there is an impact
upon anyone from the filming, the filming shall be immediately shut
down by the Village.
[Amended 10-16-2017 by L.L. No. 9-2017]
(3)
Equipment used in connection with such filming, including but not limited to lights, generators and related equipment, shall not be set up or operated at the location described in the permit application prior to 7:00 a.m. or after 10:00 p.m., subject to the exception noted in Subsection D(2) hereinabove. Exceptions may be allowed for silent or low-decibel (under 70 db) equipment.
[Amended 10-16-2017 by L.L. No. 9-2017]
(4)
For residentially zoned districts, filming shall not
be conducted at the same location more than twice per calendar year,
with at least six months between filming.
(5)
The
Village Administrator may permit the use of parking spaces and/or
parking lots for filming purposes and shall charge a fee associated
therewith; provided, however that no permission may be granted from
3:00 p.m. on Friday through 12:00 midnight on Sunday.
(6)
Parking
may only be permitted, for any activity or person(s) involved with
any component of the filming, regardless of whether that person is
directly employed by the company performing the filming or by another
entity working with the company performing the filming, in parking
spaces included and specifically listed in the permit issued by the
Village Administrator. Vehicles found to be parked in parking spaces
not included in the permit shall be deemed in violation of the film
permit.
E.
A security deposit shall be required in order to obtain
a film permit. The security deposit shall be a minimum of $1,000 per
day and a maximum of $5,000 per day. Any violation of any of the provisions
of this Local Law or the conditions included in the film permit shall
automatically reduce the security deposit by $500, except for the
use of public parking spaces not authorized in the permit, the violation
of which shall automatically reduce the security deposit by $1,000.
There shall be no exception to the reduction of the security deposit
and decisions relating to the reduction of the security deposit shall
not be appealable. The security deposit shall be replenished should
the reductions in the security deposit, pursuant to this Subsection,
reduce the security deposit to $0. Should the security deposit not
be replenished, the film permit shall be deemed null and void and
filming shall immediately cease until the security deposit is replenished.
[Added 12-20-2010 by L.L. No. 19-2010[2]]
[2]
Editor's Note: This local law also provided for the redesignation
of former Subsection E as Subsection F.
F.
The Village
Administrator shall have the authority to approve or disapprove an
application for a permit and to establish such conditions for filming
deemed necessary to protect the health, safety and welfare of the
residents of the Village of Tarrytown.
A.
There shall be no filming on any public property in
the Village of Tarrytown, including but not limited to streets, sidewalks,
parks and buildings, without first obtaining a permit. A permit shall
be required for the running of cable, the placing or storing of equipment
of any kind, the parking of vehicles or any other film-related activity
on any public property or any other use of public property for the
purpose of making films.
[Amended 11-1-1993 by L.L. No. 11-1993; 10-16-2017 by L.L.
No. 9-2017]
B.
Application for a permit shall be submitted to the
Village Administrator on an application form to be provided by the
Village Administrator.
C.
Permit applications must be submitted at least 14
days prior to the date filming is to take place, and filming cannot
occur until at least 14 days after the approval is granted. The Village
Administrator shall not consider or approve any application that does
not meet the time frames established herein.
[Amended 12-20-2010 by L.L. No. 19-2010; 9-19-2011 by L.L. No.
7-2011; 9-20-2021 by L.L. No. 9-2021]
D.
A certificate of insurance must be submitted with
the application, naming the Village of Tarrytown as an additional
insured, in the following minimum amounts:
[Amended 5-6-1991 by L.L. No. 5-1991; 12-20-2010 by L.L. No. 19-2010]
E.
Operational limitations.
[Amended 12-20-2010 by L.L. No. 19-2010]
(1)
Filming shall not be conducted prior to 6:00 a.m. or after 10:00
p.m. Filming may be permitted before 6:00 a.m. or until 12:00 midnight,
provided proof is submitted to the Village Administrator that there
will be no impact upon anyone outside of the location where the filming
is to occur. The Village Administrator may extend the hours of filming
to 2:00 a.m. subject to any additional conditions and additional fees
deemed necessary and appropriate. Filming starting before 6:00 a.m.
or continuing after 10:00 p.m. shall incur an additional fee set by
the Board of Trustees, and shall be paid to the Village of Tarrytown
for either early start or late completion. Filming past 12:00 midnight
will incur filming fees for another day. Should permission be granted
for filming after 12:00 midnight and it is determined that there is
an impact upon anyone from the filming, the filming shall be immediately
shut down by the Village.
[Amended 10-16-2017 by L.L. No. 9-2017]
(2)
Equipment used in connection with such filming, including but not limited to lights, generators and related equipment, shall not be set up or operated at the location described in the permit application prior to 6:00 a.m. or after 12:00 midnight, subject to the exception noted in Subsection E(1) hereinabove.
F.
The Village Administrator shall have the authority
to approve or disapprove an application for a permit and to establish
such conditions for filming as deemed necessary to protect the health,
safety and welfare of the residents of the Village of Tarrytown. The
Village Administrator may also extend the hours of filming on public
property, subject to any conditions and additional fees deemed necessary
and appropriate.
G.
The Village
Administrator may permit the use of public parking spaces and/or public
parking lots for filming purposes and shall charge a fee associated
therewith; provided, however, that no permission may be granted from
3:00 p.m. on Friday through 12:00 midnight on Sunday.
[Added 12-20-2010 by L.L. No. 19-2010; amended 10-16-2017 by L.L. No. 9-2017]
H.
Parking
may only be permitted, for any activity or person(s) involved with
any component of the filming, regardless of whether that person is
directly employed by the company performing the filming or by another
entity working with the company performing the filming, in parking
spaces included and specifically listed in the permit issued by the
Village Administrator. Vehicles found to be parked in parking spaces
not included in the permit shall be deemed in violation of the film
permit.
[Added 12-20-2010 by L.L. No. 19-2010]
I.
A security
deposit shall be required in order to obtain a film permit, at the
discretion of the Village Administrator, at a cost to be established
by the Village of Tarrytown. The security deposit shall be replenished
should the reductions in the security deposit, pursuant to this subsection,
reduce the security deposit to $0. Should the security deposit not
be replenished, the film permit shall be deemed null and void and
filming shall immediately cease until the security deposit is replenished.
[Added 12-20-2010 by L.L. No. 19-2010; amended 10-16-2017 by L.L. No. 9-2017]
[Amended 12-20-2010 by L.L. No. 19-2010; 9-19-2011 by L.L. No.
7-2011; 10-16-2017 by L.L. No. 9-2017]
A.
Applications for filming must be submitted at least 14 days prior
to the start of filming.
[Amended 9-20-2021 by L.L. No. 9-2021]
B.
Requests for film productions which will exceed five consecutive
days may be submitted to the Board of Trustees for approval, approval
with conditions or disapproval. The Board of Trustees may establish
any additional necessary fee it deems reasonable and appropriate for
such filming. Filming cannot occur until at least five days after
the approval is granted.
[Amended 12-20-2010 by L.L. No. 19-2010]
Notwithstanding any section of this chapter,
no applicant who has been previously convicted of a violation of this
chapter shall be granted a permit hereunder for a period of 18 months
from the date of such conviction.
[Amended 4-22-1991 by L.L. No. 2-1991; 5-6-1991 by L.L. No. 5-1991; 12-19-2005 by L.L. No.
18-2005]
B.
Fees, once adopted by the Board of Trustees, will
be available for inspection in the office of the Village Clerk. The
Village Administrator shall be permitted to raise the level of any
fee due under this chapter when the circumstances warrant; however,
said change is subject to adoption by the Board of Trustees during
the next meeting of said Board following the Village Administrator's
action pursuant to this section.
[Amended 5-6-1991 by L.L. No. 5-1991; 9-19-2011 by L.L. No. 7-2011; 10-16-2017 by L.L. No. 9-2017; 1-18-2022 by L.L. No. 1-2022]
