The Village has experienced a significant increase in requests
to film in the community. This chapter is intended to establish guidelines
for filming in the Village and to create consistency in the manner
in which the Village handles applications for filming.
As used in this chapter, the following terms shall have the
meanings indicated:
DIRECTLY IMPACTED MERCHANTS
Those merchants whose shops are located in areas where parking,
traffic, and sidewalk restrictions are created, negatively impacting
their business as a result of the applicant's filming activities.
The Village Board will determine the directly impacted merchants.
FILMING
The taking of still or motion pictures, either on film, digital,
videotape or similar recording medium, for commercial or educational
purposes, intended for viewing on television, in video games, on cable
television, or in theaters for institutional use, including use of
any public lands to facilitate same. Filming shall include setup or
breakdown time. Filming of news stories within the Village of Harriman
shall not be subject to the provisions of this chapter.
MAJOR FILM PRODUCTION
Any film which is financed and/or distributed by a major
motion picture studio, including but not limited to Universal Pictures,
Warner Brothers (including New Line Cinema), Castle Rock Entertainment,
Paramount (including MTV Films and Nickelodeon Movie), 20th Century
Fox, (including Fox Searchlight), Sony/Columbia, Disney/Pixar, MGM/United
Artists, and Dreamworks. The term "major film production" shall also
include any film for which the budget is at least $5,000,000; any
recurrent weekly television series programming, made for television
motion picture, any commercial, video game, or made for cable television
movie.
PRIVATE PROPERTY
All other areas within the Village of Harriman, including
areas zoned for residential as well as business use.
PUBLIC PROPERTY
Any and every public building, street, highway, sidewalk,
or square, public park, or playground or other public place within
the jurisdiction and control of the Village of Harriman.
The schedule of fees for the issuance of permits authorized
by this chapter is as follows, and shall be paid in advance of the
issuance of a permit, in cash or by bank or certified check:
A. Basic filming permit: $250 (two or more days), or $150 (one day).
Where an applicant requests a waiver of the notice provisions of § 141-4,
the basic filming permit fee shall be $500.
B. The daily filming fee for a major film production as defined in this
chapter shall be $250 per hour with a minimum of four hours.
C. The filming permit for nonprofit applicants filming for education
purposes only (no daily rate is required) shall be $100.
D. In addition to any fees or costs mentioned in this chapter, the applicant
shall reimburse the Village for any lost revenue, such as parking
meter revenue, repairs to public property, or revenues the Village
may be prevented from earning because of filming.
E. In addition to any fees or costs mentioned in this chapter, the applicant
shall reimburse directly impacted merchants the sum of $350 for each
day of filming.
(1) The Village Board will notify the applicant of the directly impacted
merchants prior to issuing the permit. The applicant must notify those
directly impacted merchants of the filming permit application. If,
based upon the nature and time of the filming, the directly impacted
merchant believes that he will be negatively impacted in a monetary
amount far in excess of the $350 per day stipend, then that merchant
may make a written request for additional payment to be determined
by the Village Board, not to exceed $800 per day. The Village Board
must receive the objection within 10 business days of the merchant
receiving notification from the applicant.
Any person violating this chapter or the rules and regulations
contained therein shall, upon conviction thereof, be punished by a
fine not exceeding $1,000 per day, and/or forfeiture of the security
deposit or maintenance bond posted in connection with the issuance
of a filming permit. Where the owner of the premises is not an applicant,
the owner and the applicant shall each be liable for violations of
this chapter. As to private property, this chapter shall be enforced
by the Building Inspector, and as to public property, this chapter
shall be enforced by the Police Department of the Village of Harriman.
This chapter may also be enforced by direct action of the Board of
Trustees. The following acts shall constitute prima facie violations
of any filming permit:
A. Unauthorized street closings.
C. The use of equipment and/or vehicles not disclosed in the application.
The provisions of this chapter shall not apply to the filming
of news stories by media personnel.