As used in this chapter, the following terms shall have the
meanings indicated:
ADVERTISEMENT
Any film, as defined herein, produced for use in a television
or internet commercial, or for a published advertisement.
FILM or FILMING
The taking of still or motion pictures whether on film, videotape,
photograph, digital recording or by similar recording medium, for
commercial or educational purposes and intended for viewing on television,
in theaters or for institutional uses. The provisions of this chapter
shall not be deemed to include the filming of news stories within
the City of Beacon.
MAJOR COMMERCIAL PRODUCTION
Any film with a budget in excess of $3,000,000 which is part
of a television series, special, documentary, or made-for-TV movie;
or which is financed, produced and/or distributed by a major motion
picture studio, including but not limited to the following:
B.
Warner Brothers, including New Line Cinema, Castle Rock Cinema,
Village Road Show and Bel-Aire;
C.
Paramount, including MTV Films and Nickelodeon Movie;
D.
20th Century Fox, including Fox Searchlight;
PUBLIC LANDS
Any public street, highway, sidewalk, square, public park
or playground, or any other public place within the City of Beacon,
which is within the jurisdiction and control of the City of Beacon.
The provisions of this chapter shall not apply to and no permit
or fee shall be required for the following activities, provided they
will not require closure of a public street or substantially impede
vehicular traffic:
A. Filming conducted solely for the purpose of reporting news for newspapers,
television news and other news media;
B. Filming conducted entirely within a fixed place of business where
filming activities are regularly conducted on the premises;
C. Filming conducted for use in a criminal investigation or civil or
criminal court proceeding;
D. Filming activities taking place under sponsorship of the City of
Beacon, whether on public or private property;
E. Noncommercial filming conducted on private property solely for private
or family use;
F. Commercial still photography, or staging thereof, when conducted
to the exclusion of any other filming, provided the still photography
will not require closure of any public street or sidewalk or otherwise
obstruct a public right-of-way; and
G. Commercial filming activities conducted exclusively on private property
where such activities will not result in external disturbances to
the public, including but not limited to light, noise, vibration or
odor nuisances, or obstruction or closure of any public right-of-way.
Applications for a permit must be filed with the City Clerk
a minimum of five business days prior to the date when filming is
to begin, except that an application for a permit which includes street
closures, stunts, or pyrotechnics must be filed a minimum of 10 business
days in advance of the first day of filming; provided, however, that
the City Administrator may waive the five-day period if the applicant
has obtained any and all necessary approvals and neighboring property
owners or tenants do not need to be notified.
Permit holders shall pay a daily fee to the City of Beacon,
in an amount set forth in the City fee schedule.
Where permitted filming activities require closure of a street
or sidewalk and thereby temporarily eliminate access to an adjacent
business, the permit holder may be required, in the sole discretion
of the City Administrator, to compensate the affected business(es)
for the resulting loss of income caused by elimination of a street
or sidewalk. If the business operator and permit-holder cannot agree
on fair compensation within five business days, the City Administrator
shall mediate a settlement of the compensation amount.
In addition to any other fees or costs mentioned in this chapter,
the applicant shall reimburse the City for any lost revenue, such
as parking meter revenue, that the City is prevented from earning
because of permitted filming activity.
The permit-holder and all agents, employees, and contractors
thereof shall comply with the following requirements:
A. The permit-holder shall comply with all instructions, requirements
and conditions set forth in the permit.
B. The permit-holder shall comply with any instructions given by the
City of Beacon Police Department officer(s) assigned to police the
filming at the permitted location.
C. The permit-holder shall comply with instructions given by City employees
assigned to regulate the filming at the permitted location.
D. The permit-holder shall take reasonable steps to minimize the creation
and/or spread of debris and/or garbage from the permitted location
and shall be responsible for the removal of all equipment, debris
and garbage from the permitted location upon completion of filming
or expiration of the permit, whichever comes first.
E. The permit-holder shall clean and restore all City-owned property
utilized during the filming to the same condition as existed prior
to the filming.
A permit-holder who has been granted a permit for a major commercial
production may make an application to the City Council for an extension
of time at the location(s) specified in the original permit. Such
application for an extension of time must be submitted no fewer than
five days before the proposed extension date. In deciding whether
or not to grant an application for extension of time, the City Council
may consult with the Chief of Police, Fire Chief, City Administrator
and any other City staff to determine whether continued filming will
constitute a threat to public health, safety, or welfare, or unreasonably
interfere with vehicular or pedestrian traffic. Extension of a permit
pursuant to this section shall require payment of additional fees
in accordance with the number of days for which the permit is extended.
Notwithstanding the issuance of a permit pursuant to this chapter,
all filming in the City shall be conducted in accordance with all
applicable City ordinances and federal and state laws.
Notwithstanding any of the foregoing, the City Administrator
may deny a permit to an applicant who has been previously convicted
of a violation of this chapter within 18 months from the date of conviction.