[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.]
A.
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.
B.
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.
C.
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.
D.
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:
Filming activities which do not include one or more of the following:
Outside use of sets, props, or cameras or other audio visual
equipment that is not hand held;
Use of public streets, parks or other public areas;
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;
The presence of more than five persons engaged in filming activities
at the property in the course of a twenty-four-hour period; or
The use of generators or other temporary power supply arrangements.
Activities undertaken by an accredited news organization are
exempt activities.
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.
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.
A.
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.
B.
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.
C.
All permits shall include provisions that:
(1)
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.
(2)
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:
(a)
Name the Town of Blooming Grove as an additional insured;
(b)
Evidence insurance coverage in such minimum amounts as the Town
Board shall establish by resolution;
(c)
Be acceptable in form to the Town attorney; and
(d)
Otherwise be in compliance with other conditions established
by the Permit Administrator.
(3)
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.
D.
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.
E.
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.
F.
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.
G.
At least annually, the Permit Administrator shall:
(1)
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.
(2)
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.
(3)
Report the findings of such review and any recommendations regarding
changes that should be implemented to the Town Board.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
