[Adopted 7-12-2007 by L.L. No. 1-2007]
The Village Board of the Village of Chatham recognizes that
the Village's natural beauty and historical background are attractive
to individuals, organizations, corporations, groups, and other entities
involved in still photography, motion pictures and television, or
other such events. Because such filming activities may create a threat
to public safety, health, or welfare due to the time, location, or
duration of the filming, or may unduly interfere with vehicular and/or
pedestrian traffic, the Village desires to regulate such activities
through the issuance of permits. The purpose of this article to set
forth the procedure governing such permit process.
A permit issued pursuant to this article is required prior to
any person, organization, corporation, group, or other entity engaging
in the activity of filming or photographing a commercial, movie, documentary,
television program, catalog, or magazine layout, or any other presentation
upon the streets, sidewalks, or any other property owned by the Village
of Chatham or upon private property when such activities may interfere
with vehicular and/or pedestrian traffic or may create a threat to
public safety, health, or welfare due to time, location, or duration
of the filming.
Applications may be submitted to the Village Clerk in person
or by mail. They must be received by the Village Clerk no later than
21 days prior to the initiation of filming and must contain at least
the following information:
B. Location of the property.
C. Telephone number of the applicant.
D. Whether the applicant is the owner or tenant in possession of the
property which is the site of the proposed filming project.
E. Name of owner of the property, if the applicant is not the owner.
F. Name of the person or entity the applicant wishes to allow to conduct
filming.
G. Address of the party named in Subsection
F.
H. Telephone number of the party named in Subsection
F.
I. Date(s) that filming is to take place.
J. Dates, within the previous 12 months, that any filming was conducted at the location described in Subsection
B.
K. The following information regarding the filming itself:
(1) Brief description of the purpose of the filming (e.g., television
commercial for ABC laundry detergent).
(2) Number of people connected with filming who will be at the location
during filming, including but not limited to technical personnel,
maintenance personnel, and food service providers.
(3) Vehicles:
(a)
Number of vehicles in any way related to filming, or to people
involved in filming, which will be brought to the location on day(s)
of filming.
(b)
Statement of type of vehicles (e.g., passenger car, truck, recreational
vehicle), and in the case of all but passenger vehicles, approximate
length and height at the longest and highest points of each vehicle.
(4) If any equipment is to be set up outside, description of where such
filming will occur.
L. A statement that the person or entity making the application affirms,
under penalty of perjury, that all statements contained in the application
are true.
M. Signature of the person, principal, or entity making the application.
N. Any and all additional information that may be required or requested
to assist in determining if a permit will be issued.
O. A certificate of insurance and indemnification that evidences a general
liability insurance policy naming the Village as an additional named
insured in the minimum amount of $1,000,000 per occurrence for the
duration of the filming. The applicant shall also submit an indemnification
agreement that states that the applicant agrees to assume all liability
for and will indemnify and hold harmless the Village, its agents,
and employees of and free from any and all damages that occur to persons
or property by reason of said filming.
P. In the event that filming involves a State of New York highway, the
applicant shall attach a copy of the letter authorizing the applicant
to use the state highway(s).
The Village Clerk may not issue any permit if it has been determined
during the review process that it will create a hazardous condition,
interfere with the use of Village streets or public places, create
a nuisance to Village residents, or violate any provisions of the
Village Code.
After termination of the event, the Village Clerk shall provide
the applicant with a statement regarding the actual cost to the Village
of providing said police officers or services provided by the Department
of Public Works. If the actual cost is less than the monies that the
Village has collected, the Village shall remit the balance to the
applicant. If the actual cost is more than the monies that the Village
has collected, the applicant shall be responsible for providing the
balance to the Village within 30 days of the termination of the event.
The Village Clerk shall give notice of the issuance of a filming
permit to the Chief of Police, the Building Inspector, the Code Enforcement
Officer, the Chief of the Chatham Fire Department, the Director of
Public Works, and the Chatham Rescue Squad.
A permit holder shall be responsible for any damage to Village
property or facilities that may result from the permit holder's
activities. No alterations are to be made at any sites, including,
without limitation, cutting trees, digging holes, and trimming bushes
without the express authorization of the Village Board.
Issuance of a permit pursuant to this article does not relieve
the permit holder of its duty to comply with all other Village local
laws, ordinances, or regulations along with all state laws.