[HISTORY: Adopted by the Town Board of the Town of Blooming Grove 10-15-2013 by L.L. No. 2-2013. Amendments noted where applicable.]
The Town Board finds that film and video production activities are being undertaken more frequently at location in communities in Orange County, including the Town of Blooming Grove.
The Town Board wishes to encourage and facilitate film and video production activities at locations in the Town because of the economic value such activities can bring to the Town, but also recognizes that provision must be made for the safety of the public and the welfare and convenience of Town residents.
To do so, the Town Board finds that it is necessary to establish a permit requirement for film and video activities in the Town to avoid the potential adverse impact of such activities, if unregulated, on the Town and its residents.
The Town Board finds that it will be in the public interest to adopt guidelines that provide maximum flexibility for those undertaking film and video activities in the Town, while maintaining appropriate consistency in the manner in which the Town reviews and acts on applications for filming.
As used in this chapter, the following terms shall have the meanings indicated:
- A. Filming activities which do not include one or more of the following:
- (1) Outside use of sets, props, or cameras or other audio visual equipment that is not hand held;
- (2) Use of public streets, parks or other public areas;
- (3) Standing or parking of commercial vehicles over 5,550 pounds MGW or more than one noncommercial vehicle not registered to the owner of the property at which the activities are taking place;
- (4) The presence of more than five persons engaged in filming activities at the property in the course of a twenty-four-hour period; or
- (5) The use of generators or other temporary power supply arrangements.
- B. Activities undertaken by an accredited news organization are exempt activities.
- PERMIT ADMINISTRATOR
- The Town Board of the Town of Blooming Grove, or any Town official or agent duly authorized by resolution of the Town Board to administer the provisions of this chapter. The Town Board may contract with an entity to act as Permit Administrator for such time as the Town Board deems appropriate.
- REGULATED FILMING ACTIVITIES
- Activities undertaken for the production of a feature-length film, television film, television pilot and/or an episode of a television series, film, television or print commercial, documentary, music video, documentary film, instructional film, "reality" program, or similar production, regardless of the medium by means of which the film, pilot, episode, commercial, or similar production is created or conveyed, and which are not exempted from regulation by this chapter.
No regulated filming activities shall be filmed, videotaped or recorded in any media format, or otherwise made, on any private property in the Town of Blooming Grove without first obtaining a permit from the Town Board. Exempt filming activities are exempt from the provisions of this chapter. The Permit Administrator may, upon request, issue a certificate of exempt filming activity to such activity.
The Town Board may issue guidelines for permits to ensure that the public health, safety and welfare will be protected, and that regulated activities will not adversely affect the safety or welfare of residents and property in the Town. Guidelines shall include, but are not limited to, provisions for regulating the use of private and public property for parking, noise, lighting, limitations on the hours and days of operation, and limitations on the frequency of activities at individual locations. Guidelines for permits, and amendments thereto, may be adopted by resolution of the Town Board.
All permits shall include provisions that:
Notwithstanding approval of a permit for film or video production activities, in the event the Permit Administrator or other duly authorized representative of the Town determines that activities allowed by the permit unduly impact adjoining residents, the filming activities causing such impact shall immediately cease. Such determination of the Town representative shall be final.
Require the permit holder, prior to undertaking any permitted activity, to cause a certificate of insurance and insurance policy endorsement to be submitted directly to the Town. The policy must be issued by an insurance company licensed in the State of New York certificate, and the policy endorsement shall:
Name the Town of Blooming Grove as an additional insured;
Evidence insurance coverage in such minimum amounts as the Town Board shall establish by resolution;
Be acceptable in form to the Town attorney; and
Otherwise be in compliance with other conditions established by the Permit Administrator.
Require the permit holder to make a security deposit with the Town in such amount as the Town Board determines by resolution to be necessary to secure compliance with the terms and conditions of the permit. In the event the funds available in the security deposit become less than the required minimum balance, the permit shall be suspended immediately and the Permit Administrator shall advise the permit holder that all filming activities allowed by the permit shall immediately be suspended until the required balance in the security deposit is restored. The Town Board may waive the security deposit requirement or vary the amount to be deposited as security from one permit to another, depending on the nature of the particular filming activity for which the permit is requested.
Application for a permit shall be made to the Permit Administrator on an application form to be provided by the Town Clerk, together with such other information as may be required by the application form and any fee.
A permit for filming activities may be issued if the Permit Administrator determines that the applicant has complied with the adopted guidelines. The Permit Administrator may impose reasonable conditions on the permit as it deems necessary to protect the health, safety and welfare of the residents and property in the Town of Blooming Grove, or to accomplish the purposes of this chapter.
If the Permit Administrator is not the Town Board, the Permit Administrator shall issue a report to the Town Board when a permit is approved, approved with conditions, or denied.
At least annually, the Permit Administrator shall:
Review the guidelines to ensure that the permit program is adequate and effective to accomplish the purpose of encouraging film and video production activities while protecting the health, safety and welfare of Town residents.
Review the guidelines, standards and practices adopted to implement this chapter, with attention to practices affecting the film industry in Hudson Valley, and especially Orange County, in order to ensure that guidelines, standards and practices implementing this chapter are standard best practices that minimize delay, encourage development of the industry, and allow efficient administration while accomplishing the purposes of this chapter.
Report the findings of such review and any recommendations regarding changes that should be implemented to the Town Board.
No filming activity, as defined by this chapter, shall be conducted on any public property in the Town of Blooming Grove, including but not limited to streets, sidewalks, parks and buildings, without first obtaining a permit from the Town. A permit shall also 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 filming activities.
Application for a permit to allow film activities on public property shall be submitted to the Permit Administrator on an application form to be provided by the Town Clerk, together with such other information as may be required by the application form and any fee. If the Permit Administrator is not the Town Board, the Permit Administrator shall review the application and report to the Town Board on whether the application is generally complete and consistent with the requirements of this chapter, and recommend whether a permit should be issued.
Following consideration of the recommendation of the Permit Administrator, the Town Board shall approve, approve with modifications, or disapprove the application, and may establish such conditions for filming as deemed necessary to protect the health, safety and welfare of the residents of the Town of Blooming Grove.
Fees shall be adopted by resolution of the Town Board and may be amended from time to time as the Town Board determines to be warranted. A permittee shall pay the fee due at the time the permit is issued.
In the event that a permitted activity requires the services of police or other municipal employees, the Town Board may require the permit holder to enter into a written agreement with the Town to reimburse the Town for its costs, and to provide financial security, in an amount and form acceptable to the Town Board, to ensure the performance of the permit holder's obligations under the agreement. Such agreement and security may be required as a condition of a permit or after filming activities commence.
For purposes of this chapter, a "person" shall be defined to include a natural person and any legal entity. Any person who violates the provisions set forth in this chapter shall be subject to a fine of not more than $1,000 per day for each day that the violation continues and/or imprisonment not to exceed 15 days.
In addition to, and not in lieu of, the penalty provided by Subsection A, the Town Board shall also have the right to revoke a permit issued pursuant to this chapter for cause, including the violation of any permit condition, order of the Permit Administrator or designated Town representative, or provision of this chapter, upon such notice as is practical and reasonable in the circumstances. Upon request of the permittee, the Town Board shall provide an opportunity to be heard as to the revocation of the permit and any grounds that would warrant reinstatement of the permit.
The imposition of such penalties 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.