[HISTORY: Adopted by the Board of Trustees of the Village
of Thomaston 7-25-2011 by L.L. No. 1-2011. Amendments noted where
applicable.]
The Board of Trustees hereby finds that it would serve the public
interest, and protect the public health, safety and general welfare,
to require a permit for use of property in the Village for commercial
filming, and to establish the standards that will govern application
for such permits.
As used in this chapter, the following terms shall have the
meanings indicated:
The recording, on film, tape, or other medium, of motion
pictures, commercials, documentaries, shows, performances, athletic
or sport events or other similar events or activities, including still
photography, with the intention that the end product be distributed
commercially or shown or exhibited at any place or locale where an
admission fee is charged. The term "filming" shall not include recording
of news, political events and local sports or school events by any
person for the purposes of providing news or information about such
activities or events, nor activities contained wholly within any building
in the Village and which involve no physical activity or presence
outside such building. The term "filming" also shall not include any
recording or other activity conducted by the Village when authorized
by the Board of Trustees.
No person, firm, association or corporation shall commence,
conduct, permit, or cause filming at any property, whether public
or private, in the Village of Thomaston unless a permit therefor has
been issued by the Mayor, and unless such filming is in compliance
with the terms and conditions of such permit and this chapter. As
used herein, filming shall include the use of public property for
persons, equipment, vehicles, props, cameras and any other items or
materials used in connection with such filming.
A.
An application for a filming permit shall be made on forms provided
by the Village Clerk, shall be submitted at least 10 calendar days
prior to the first date on which filming is proposed to be conducted,
and shall contain at least the following information:
(1)
Name, address and telephone number of the person or entity owning
the rights to the film.
(2)
Name, address, telephone number, and written consent of the owner
of the property where the proposed filming is to be conducted, and
the name, address, and telephone number of the location coordinator
or other contact person.
(3)
Purpose of the filming.
(4)
Specific location of the property to be used.
(5)
Dates and times of day that the property will be used.
(6)
A description of all vehicles and bulky equipment to be used in connection
with the filming, together with the vehicle registration identification
of all such vehicles.
(7)
Such other information as may be required by the Mayor or Board of
Trustees.
B.
Any change in the planned filming activities for which a permit has
been requested or obtained shall be submitted in advance of the proposed
changes and shall be approved or denied in the same manner as the
original application.
C.
Application for a filming permit must be submitted at least 10 business
days prior to the first date of filming, unless the Mayor waives this
condition for good cause.
A.
The Mayor may deny an application for a filming permit if it does
not comply with the purpose and intent of this chapter or if the public
interest will be served by such denial. The Mayor may also deny any
application for a permit in connection with filming which, in the
Mayor's judgment, would conflict with other scheduled events
in the area of the filming location, would be detrimental to the neighborhood
or community because of anticipated excessive noise, illumination
or other effect caused by the proposed filming, including but not
limited to the use of explosives, or would unduly interfere for an
extended period of time with the day-to-day activities of citizens,
residents, property owners or merchants. The applicant may appeal
such denial to the Board of Trustees, whose decision thereon will
be final.
B.
Every permit shall contain a date of commencement and an expiration
date and shall contain the specific hours during which filming shall
occur. No filming shall take place except in accordance with the terms
and conditions of the permit.
C.
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., except that the Mayor
may permit filming during such hours, upon good cause shown and upon
a finding that such filming will not have a substantial adverse effect
upon any person or neighborhood.
D.
On Sundays, no filming in any area of the Village may commence before
10:00 a.m.
E.
No filming activity shall interfere with the privacy or intrude upon
the property of any resident or property owner unless a written consent
is obtained from said resident or property owner.
F.
There shall be no rerouting of traffic in connection with the filming
activity except as specifically authorized by the Mayor as a condition
of the permit approval.
G.
The filming shall be conducted so as not to interfere with access
to fire stations and fire hydrants. Equipment, materials or obstructions
shall not be placed within 15 feet of fire hydrants. Passageways leading
to fire escapes or fire-fighting equipment shall be kept free of equipment,
materials or obstructions. Parking spaces for the handicapped shall
be kept free of equipment, materials or obstructions.
H.
The Mayor may place further reasonable conditions and/or limitations
on the activity, including hours of operation, based on the needs
of the particular neighborhood or the existence of conflicting scheduled
events, or to protect the public health, safety and general welfare.
A.
The fee for a filming permit shall be established, and may be amended,
by the Board of Trustees by resolution. The fee shall be paid in cash
or certified check prior to the issuance of the permit.
B.
In addition, the applicant shall pay the actual cost for the use
of any Village personnel, services or equipment in connection with
the filming. The applicant shall, prior to the issuance of a permit,
pay such costs on an estimated basis and shall also post adequate
security to ensure the payment of any such costs which cannot be reliably
estimated.
A.
Upon the Mayor's own initiative or upon notice from any person,
the Mayor may suspend or revoke a filming permit for any of the following
reasons:
(1)
Violation of any law, rule or regulation of the United States, the
State of New York, the County of Nassau, the Village of Thomaston
or any department or agency thereof.
(2)
Violation of any condition of the permit.
(3)
Conduct that is detrimental to the health, safety or welfare of the
residents of the Village of Thomaston or that is detrimental to public
or private property within the Village.
B.
A decision of the Mayor to suspend or revoke a permit shall be appealable
to the Board of Trustees, whose decision thereon shall be final.
C.
In the event that a permit is suspended or revoked, the fee paid
therefor shall be forfeited and shall not be refunded to the applicant.
D.
Revocation of a filming permit shall bar the offender from applying
for a new permit within one year from the date of the revocation,
and shall bar any further application for a filming permit at the
same premises for a period of one year from the date of revocation.
A.
No permit shall be issued until the applicant has deposited with
the Village Clerk a policy of liability, personal, bodily injury,
and property damage insurance coverage, or an endorsement to such
policy, in an amount not less than $3,000,000 naming the Village of
Thomaston, its officers, agents and employees as additional insured,
thereby providing defense and indemnity from and against any claim,
loss or damage resulting from the filming for which the permit is
issued.
B.
In addition, the applicant shall deposit with the Village Clerk a
cash bond or letter of credit in an amount to be determined by the
Mayor to guarantee the reconstruction or restoration of any public
or private property damaged as a result of the filming. Such bond
or letter of credit shall be in a form acceptable to and approved
by the Village Attorney.
A.
Any person, firm or corporation who 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 therefore, shall, upon conviction thereof, be guilty of a
violation, and shall be punished as provided for violations of this
Code.
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 greater than $2,500 for
each day on which a violation occurs.