[HISTORY: Adopted by the Board of Trustees of the Village
of Cornwall-on-Hudson 5-21-2012 by L.L. No. 3-2012. Amendments noted where
applicable.]
A.Â
With its natural attributes, especially the Hudson River and Storm
King Mountain, and its many splendid and historic homes and buildings,
the Village of Cornwall-on-Hudson is an attractive venue for audiovisual
productions, and therefore the Board of Trustees does hereby establish
guidelines for filming in the Village and the application process.
B.Â
These regulations are intended to regulate only those audiovisual
productions made with the intent of having the same result in a profit
being made by the individual or otherwise being viewed by the public
for commercial purposes. It is not intended that this law prohibit
any property owner or other individual from filming private matters
on private property. This law is not intended to prohibit the filming
of public meetings or public events, so long as the same is not done
for the purpose of obtaining a profit therefrom and as long as the
filming does not result in a profit for the individual or entity which
conducted the filming.
A.Â
No person, corporation or other entity shall engage in the making
of audiovisual productions, including, but not limited to, commercials,
movies, television programs, documentaries or similar productions,
that may be filmed, videotaped or recorded in any media format on
any public property in the Village of Cornwall-on-Hudson, including
but not limited to streets, sidewalks, parks and buildings or the
waters of Cornwall-on-Hudson, without first obtaining a permit therefor.
B.Â
No property owner shall permit another party to make audiovisual
productions, including, but not limited to, commercials, movies, television
programs, documentaries or similar productions, that may be filmed,
videotaped or recorded in any media format on their private property
in the Village of Cornwall-on-Hudson, without first obtaining a permit
therefor.
A.Â
Applicants must apply to the Village Clerk at least 30 days before
the date that the production will take place. Applications for permits
are available in office of the Village Clerk during normal business
hours.
B.Â
Productions scheduled to last more than two consecutive days or requiring
the closing of a public street shall require the approval of the Board
of Trustees.
C.Â
A permit is required for each location and 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 or private property,
or any other use of public or private property, as may be required
herein, for the purpose of making audiovisual productions.
D.Â
The applicant shall submit a certificate of insurance with the application,
naming the Village of Cornwall-on-Hudson as an additional insured
and in compliance with other conditions established by the Village
Board of Trustees, in the following minimum amounts:
E.Â
The applicant shall agree in writing to defend, indemnify and hold
harmless the Village of Cornwall-on-Hudson from any and all claims,
actions at law, liability or damage resulting from productions.
F.Â
At least 48 hours before the issuance of the permit, the applicant
shall notify adjacent and abutting property owners in writing of their
need for a permit by providing them with a copy of the permit application
to be submitted to the Village Clerk.
G.Â
If a permit is issued and due to inclement weather or other good
cause, the audiovisual production doesn't take place on the dates
specified, the Village Clerk, upon receiving certification that the
production did not take place, may issue a new permit for other dates
subject to full compliance with all other provisions. The Village
shall not require an additional fee for this permit.
A.Â
Permit holders shall conduct audiovisual productions for which a
permit has been issued from 6:00 a.m. to 8:00 p.m., Monday through
Friday, unless otherwise approved by the Board of Trustees. Applicants
may set up equipment used in connection with such audiovisual productions,
including but not limited to lights, generators and related equipment,
to be operated at the location described in the permit application,
from 6:00 a.m. to 8:00 p.m., Monday through Friday, unless otherwise
approved by the Board of Trustees.
B.Â
Productions shall not take place at the same location (i.e., in the
same building or at the same street address) for more than 10 calendar
days within any twelve-month period or within 14 days of another production,
unless otherwise approved by the Board of Trustees.
C.Â
The Board of Trustees may extend the hours of audiovisual productions
subject to any conditions and additional fees deemed necessary.
D.Â
The Board of Trustees shall establish conditions for issuing a permit
for productions necessary to protect the health, safety and welfare
of the residents of the Village of Cornwall-on-Hudson.
E.Â
The permit holder shall conduct productions in such a manner as to
ensure the public health, safety and welfare and without unreasonably
disturbing the peace and tranquility of the public.
F.Â
The permit holder shall take all reasonable steps to minimize interference
with free passage of pedestrians and traffic over public land and
shall comply with all lawful directives issued by the Village of Cornwall-on-Hudson
Police Department and Code Enforcement Officers.
G.Â
The permit holder shall conduct productions in such a manner as to
minimize the inconvenience or discomfort to adjoining property owns
attributable to such productions, and shall, to the extent practical,
abate noise, and park vehicles associated with such productions off
public streets. The holder shall avoid any interference with previous
scheduled activities upon public lands and limit, to the extent possible,
any interference with normal public activity on such public lands.
H.Â
The permit holder shall take all reasonable steps to minimize the
creation and spread of debris and rubbish during the production and
shall be responsible for the removal of all equipment, debris and
rubbish from the production location upon the completion of the production
or upon the expiration of the permit.
I.Â
The Board of Trustees may, at its discretion, waive any of requirements
or restrictions of these provisions and shall be permitted to impose
reasonable conditions in doing so.
The Board of Trustees and department heads shall be responsible
for the decision to assign Village employees. Permit holders are responsible
for all costs incurred by the Village in assigning police, fire, public
works or other Village employees to facilitate or monitor the filming
process. The Board of Trustees shall, where necessary, establish the
amount of any deposit or escrow required to cover the Village's
costs and expenses costs associated with the review of the permit
application, and shall determine the provisions for billing and collection
of costs at the time of the production.
The Board of Trustees shall establish fees and escrow deposits
that it deems reasonable and appropriate for audiovisual productions
by resolution. The schedule of fees and deposits shall be available
in the office of the Village Clerk.
These provisions do not apply to the production of news stories
by media personnel; productions regarding any and all law enforcement
investigations; filming of public meetings or public events; and the
filming of private matters on private property as described herein.
Any person who violates the provisions shall be subject to a
fine of not less than $750 for the first offense, not less than $1,500
for the second offense, and not less than $3,500 and the loss of rights
for a period of six months for the third and subsequent offenses.
The Village of Cornwall-on-Hudson Police Department and Village
Code Enforcement Officers are authorized to enforce the provisions
of this chapter.
