[HISTORY: Adopted by the Town Board of the Town of Warwick 6-23-2011 by L.L. No.
5-2011. Amendments noted where applicable.]
The Town has experienced a significant increase in requests
to film in the community. This chapter is intended to establish guidelines
for filming in the Town and to create consistency in the manner in
which the Town handles applications for filming.
A.
No commercial, movie, television program, documentary or similar
audio visual production or any portion thereof shall be filmed, videotaped
or recorded in any media format or otherwise made on any private property
in the Town of Warwick without first obtaining a permit from the Town
Board. Filming in any district zoned commercial, industrial, residential
or other shall be permitted subject to the following conditions:
(1)
The property must be of adequate size. No heavy equipment may be
permitted on septic tanks or leach fields.
(2)
All vehicles associated with the filming must be contained on the
site or arrangements made to lawfully park vehicles off site.
(3)
Travel on local streets to the site is restricted to 7:00 a.m. to
10:00 p.m.
B.
Application for a permit shall be submitted to the Town Board on
an application form to be provided by the Town Clerk.
C.
Permit applications must be submitted at least 30 days prior to the
date any on-site activity in connection with filming is commenced.
D.
Operational limitations.
(1)
Filming shall not be conducted at the same location (i.e., in the
same building or at the same street address) more than 30 calendar
days within any twelve-month period.
(2)
Filming shall not be conducted at the same location within 14 days
of another filming.
(3)
No applicant shall allow any filming for which a permit has been
issued to be conducted prior to 7:00 a.m. or after 10:00 p.m. unless
otherwise expressly approved by the Town Board.
(4)
No applicant shall allow equipment used in connection with such filming,
including but not limited to lights, generators and related equipment,
to 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. unless otherwise expressly
approved by the Town Board.
(5)
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.
(6)
The Town Board may, in its discretion, waive any of the restrictions
in the subsection and shall be permitted to impose reasonable conditions
in doing so.
E.
The Town Board 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 Town of Warwick. The Town Board may also extend the
hours of filming on public property, subject to any conditions and
additional fees deemed necessary and appropriate.
F.
A certificate of insurance must be submitted with the application,
naming the Town of Warwick as an additional insured and in compliance
with other conditions established by the Town Board in the following
minimum amounts:
A.
No commercial, movie, television program, documentary or similar
audiovisual production or any portion thereof shall be filmed, videotaped
or recorded in any media format or otherwise made on any public property
in the Town of Warwick, including but not limited to streets, sidewalks,
parks and buildings, or the waters of Greenwood Lake without first
obtaining a permit from the Town Board. 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 audiovisual productions.
B.
Application for a permit shall be submitted to the Town Board on
an application form to be provided by the Town Clerk.
C.
Permit applications must be submitted at least 30 days prior to the
date any on-site activity in connection with filming is to commence.
D.
A certificate of insurance must be submitted with the application,
naming the Town of Warwick as an additional insured and in compliance
with other conditions established by the Town Board in the following
minimum amounts:
E.
Operational limitations.
(1)
No applicant shall allow any filming for which a permit has been
issued to be conducted prior to 6:00 a.m. or after 12:00 midnight.
(2)
No applicant shall allow any equipment used in connection with such
filming, including but not limited to lights, generators and related
equipment, to be set up or operated at the location described in the
permit application prior to 6:00 a.m. or after 12:00 midnight.
F.
The Town Board 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 Town of Warwick. The Town Board may also extend the
hours of filming on public property, subject to any conditions and
additional fees deemed necessary and appropriate.
Requests for film productions which will exceed five days must
be submitted to the Town Board at least 30 days prior to the date
filming will take place. The Town Board may establish any fee it deems
reasonable and appropriate for such filming.
A.
Applicants shall be responsible for all costs incurred by the Town
in assigning police, fire, public works or other Town employees to
facilitate or monitor the filming process.
B.
The decision to assign Town employees shall be the responsibility
of the Town Board and the department heads.
C.
Provisions for billing and collection of costs shall be determined
at the time of the event.
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.
A.
Fees shall be adopted by resolution of the Town Board for:
B.
The schedule of fees, once adopted by the Town Board, will be available
for inspection in the office of the Town Clerk. The Town Board shall
be permitted to raise the level of any fee due under this chapter
when the circumstances warrant.
A.
Any person who violates the provisions set forth in this chapter
shall be subject to a fine of not more than $250 per day for each
day that the violation continues and/or imprisonment not to exceed
15 days.
B.
The imposition of such penalty shall not be the Town's exclusive
remedy in the event of a violation of this chapter. The Town may pursue
any and all other legal remedies available in connection with any
violation of this chapter.
