[HISTORY: Adopted by the Board of Trustees of the Village
of Warwick 2-5-2024 by L.L. No. 3-2024.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 66,
Film and Video Productions, adopted 3-17-2014 by L.L. No. 2-2014, as amended.
It is the purpose and intent of the Village of Warwick to encourage
the motion picture and television industries to use the scenic beauty
and variety of backdrops afforded in the Village of Warwick as locations
for filming and/or videotaping for commercial production. It is the
purpose and intent of this chapter to provide the means by which such
activities may be reasonably regulated to preserve the public health
and safety, to limit any unwelcome community disruption, and provide
for the protection of property, to not unduly restrict such activities,
and to maintain harmonious relations between the community and those
engaged in such activities.
As used in this chapter, the following terms shall have the
meanings indicated:
The term "applicant" as used in this chapter shall mean both
the applicant for a film permit and the individual/entity to whom
the film permit is issued.
Commercials, motion pictures, television, or videotapes produced
by a nonprofit organization, which qualifies under Section 501(c)(3)
of the Internal Revenue Code as a charitable organization. No person,
directly or indirectly, shall receive a profit from the marketing
and production of the film or from showing the films or tapes.
For or contributing to a person or entity receiving a profit.
The filming a concert event for a not-for-profit or religious
entity but shall not include activities occurring for businesses,
corporations and for-profit entities that will be distributed, sold
and/or broadcast for commercial purposes.
The Mayor of the Village of Warwick, the trustee liaison
to economic development and tourism, and a film office representative.
The Mayor's designee responsible for routing and processing
film permits.
All activity in preparation of, and attendant to, staging,
making, striking, filming or video recording commercial motion pictures,
television shows, programs and commercials, including magazines or
documentary programs.
The photographing, filming or videotaping for the purpose
of spontaneous, unplanned television news broadcast or reporting for
print media by reporters, photographers or camera operators.
An owner of property or an applicant for a permit under this
chapter.
All areas within the Village of Warwick, including areas
zoned for residential as well as business use not otherwise designated
as 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.
Motion pictures, television programs or commercials produced
to satisfy a course or curriculum requirement at an educational institution.
The student filmmaker must supply proof that he/she is currently enrolled.
A fixed place of business where filming activities are regularly
conducted upon the premises.
Motion pictures or programs produced by or in association
with the Village of Warwick. No person, directly or indirectly, shall
receive a profit from the marketing and production of the film or
from showing the films or tapes.
A.
Film permit required. No person shall, for commercial purposes, use
any kind of property, facility, or residence herein or portion thereof
owned and/or controlled by the Village of Warwick or affecting the
general public to cause, direct or conduct filming activities as defined
without first applying for and obtaining a film permit from the Mayor
or his/her designee.
B.
Exemptions. The following activities shall not require an application
or film permit under the provisions of this chapter:
(1)
News media: reporters, photographers or camera operators in the employ
of a newspaper, news service, or similar entity engaged in on-the-spot
print media, publishing or broadcasting of news events concerning
those persons, scenes or occurrences which are in the news and of
general public interest. Reasonable effort should be made to notify
the Village of Warwick two hours in advance of arrival, whenever possible.
Notification should include phone and written notification.
(2)
Family or personal use video: the filming or videotaping of motion
pictures solely for private family use.
(3)
Photographers engaged in still photography that requires the use
of handheld cameras or cameras with a tripod only.
(4)
Village-produced government access films.
(5)
Filming on private property completed inside a privately owned and
operated property limit, and is in alignment with other Village of
Warwick General Code provisions. All effort should be made to notify
the Village of Warwick two hours in advance of arrival, whenever possible.
Notification should include phone and written notification. The Village
of Warwick assumes no liabilities.
(6)
Productions using hand-held camera, camera on tripod, hand-held props
and/or hand-held equipment, not asserting exclusive use of Village
property, not using prop weapons, prop vehicles, stunts, actors in
police uniform and not requesting parking privileges for production
vehicles. Standing on a Village sidewalk, walkway of a Village bridge
or within a Village park while using a hand-held camera and not otherwise
asserting exclusive use of public property. Such productions must
notify the Mayor or designee of film activity. All effort should be
made to notify the Village of Warwick two hours in advance of arrival,
whenever possible. Notification should include phone and written notification.
C.
Free permits. A film permit application as required by this chapter
shall be completed and submitted without a fee for the following activities:
The application for such film permit shall be made upon forms
prescribed therefor by the Village and require, at minimum, the following
information:
A.
The name, address, telephone number and email address of the applicant.
B.
The name, address and telephone number of the production company
and the name, address and telephone number of the production company
owner.
C.
The name, address, telephone number and email address of the person(s)
in charge of the film production as the contact person.
D.
The dates and hours during which filming activity will occur.
E.
The street address(es) of the location(s) at which filming will take
place.
F.
An estimated number of persons, including cast and crew, to be involved.
G.
A list of equipment and generators, if any, involved in the production.
H.
The number and type of vehicles involved in the production.
I.
A list of any historic or period vehicles or equipment that will
be used in the production.
J.
A list of any animals, pyrotechnics, hazardous chemicals, and demolition
of buildings or structures proposed for the production and a safety
plan to be used by the applicant in the event such items are used
during the production.
K.
A plan to minimize disruption of community, traffic, and parking.
L.
A list of any requests for Village services and/or equipment for
the production, including, but not limited to, signs, barricades,
and traffic control.
M.
Proof that written notice of the proposed filming/production has
been provided to the Police Department, and a statement of any assistance
which is being requested from the Police Department.
N.
Applicants shall execute a hold-harmless agreement as provided by
the Village prior to the issuance of a film permit under this chapter
under which the applicant shall defend, hold harmless and indemnify
the Village of Warwick against any and all claims, proceedings or
action brought in connection with or as a result of the filming and/or
recording activities.
A.
Applicants for a film permit shall procure, at their sole cost and
expense, insurance providing liability coverage to the Village of
Warwick for claims for damage to property and personal injury, including
death, which may arise from the conduct of the Applicant, its agents,
employees, contractors and guests and for the performance of any services
performed by the Village in regard to the production.
B.
Upon submission of a film permit application and, prior to commencement
of any activities under the permit, the applicant shall provide the
Village with a current insurance certificate evidencing an insurance
policy naming the Village of Warwick as an additional insured issued
by an A.M. Best rated "secure" or better insurer, licensed in New
York State, stating that the organization's coverage shall be
primary and noncontributory coverage for the Village, its Board, employees
and volunteers.
C.
The insurance coverage provided by an applicant shall be in no less
than the following:
D.
Any activities involving stunts, vehicular damage, pyrotechnics,
explosions, etc., may require additional insurance coverage as determined
by the Village. Such additional coverage shall be specified by the
Village, in writing, prior to the issuance of the film permit.
E.
An applicant shall conform to all applicable federal and state requirements
for workers' compensation insurance for all persons operating
under a film permit.
F.
Failure of the applicant to obtain and maintain insurance as required
herein constitutes a violation of this chapter and shall subject the
applicant to liability for all claims and damages arising from actions
taken under the film permit, including, but not limited to all claims,
debts, dues, damages, fines, judgments and awards to which the Village
may be subjected for issuance of the permit.
A.
The application for a film permit shall be filed with Village Hall
in completed form together with all applicable fees no less than 14
days' prior to the commencement of such filming activities, unless
waived by the Film Committee.
B.
The issuing authority shall be the Film Committee. The Film Committee
may grant, grant subject to conditions, or deny a permit in its sole
and absolute discretion; provided that in the event that a permit
is denied a written determination shall be provided to the applicant
setting forth the reasons and grounds upon which the decision to deny
the application was based.
C.
Any change in the applicant's planned activities as set forth
in the film permit applications shall be submitted to the Mayor or
his/her designee at least 24 hours in advance of the change and approved
or denied in the same manner as the original film permit application.
A.
Fees applicable to applications for film permits shall be adopted
by resolution of the Village Board. The said fees shall compensate
the Village for its examination and processing of such application,
and oversight of compliance with the terms thereof.
B.
Each film permit application shall be accompanied by the required
fee at the time of its submission. Fees shall not be refundable in
whole or in part.
C.
No film permit shall be issued to an applicant who has failed to
pay any outstanding amounts due to the Village in regard to an application
for or issuance of prior film permit until such outstanding amounts
have been paid.
A.
The applicant shall, in the credits of the motion picture or television
program, acknowledge the production was filmed in the Village of Warwick,
New York.
B.
All filming activities, including setup and takedown activities,
shall take place in the hours specified in the film permit.
C.
Filming and/or recording activities shall comply with all the requirements and standards of Chapter 94, Noise, and other chapters, as applicable, of the Village Code.
D.
The applicant shall conduct operations in an orderly fashion with
continuous attention to the storage of equipment not in use and the
clean up of trash and debris. The area used shall be cleaned of trash
and debris upon completion of shooting at the scene and restored to
the original condition before leaving the site.
E.
Filming on private property must be conducted with the property owner's
written permission, consent and/or lease for use of property not owned
or controlled by the Village. No filming may take place on a property
with open Zoning Code, Building Code, Property Maintenance and/or
Fire Code violations.
F.
Filming and/or recording activities shall comply with all requirements of the New York State Vehicle and Traffic Law and Chapter 135, Vehicles and Traffic, and any other applicable chapters of the Village Code, except as follows:
(1)
The applicant shall obtain permission of the Mayor to park equipment,
trucks, and/or cars in "no parking," "no standing" and "no stopping"
zones and will provide the signage detailing the date(s) and time(s)
of the filming and parking restriction and these signs shall be posted
by the applicant at least 24 hours prior to parking vehicles or equipment.
(2)
The applicant shall obtain the permission of the Mayor and Department
of Public Works Supervisor to string cable across sidewalks, or from
generator to service point. Such cable or electrical lines shall be
marked, taped and/or secured to avoid creating a hazardous condition.
(3)
The applicant shall furnish and install advance warning signs and
any other traffic control devices required in order to take all appropriate
safety precautions.
(4)
Traffic may be restricted to one twelve-foot lane of traffic and/or
stopped intermittently. The period of time that traffic may be restricted
will be determined by the Village, based on location.
(5)
Traffic shall not be detoured across a double line without prior
approval of the Village.
(6)
Unless authorized by the Village, camera cars must be driven in the
direction of traffic and must observe all traffic laws.
G.
Any emergency roadwork or construction by Village crews and/or private
contractors, under permit or contract to the appropriate department,
shall have priority over filming activities.
H.
An applicant shall be required to personally deliver or to mail a
copy of the film permit or a letter of intent to film to all owners
of real property located within 100 feet of the property line of the
filming and/or recording site as shown on the latest assessment roll
of the Town of Warwick assessor and to all owners of real property
located on the same street as the filming and/or recording site who
are located within 300 feet of a property line of such site at least
two days for personal delivery or four days of postmarked delivery
days for mailing prior to the first day of filming and/or recording.
The Mayor may require notice to additional owners of real property
in the vicinity if conditions of the filming and/or recording so require.
A.
The Film Committee may require additional information and impose
conditions in furtherance of the findings and purpose of this chapter.
B.
The Film Committee may grant a waiver of a part or parts of this
chapter for a particular filming and/or recording event on the committee's
written finding that such waiver would be in the public interest of
the surrounding neighborhood and/or Village as a whole.
A.
Permit revocation. A film permit may be revoked by the Village film
office if the applicant, or any agent, employee, or contractor of
the applicant fails to comply with the requirements set forth in this
chapter, or in the film permit, or if it is determined that the film
permit application was false in any material detail.
B.
Permit suspension. The Town Police Department and/or Fire Department
officers assigned to supervise the filming activity site may suspend
the film permit if at any time the filming activity poses an immediate
hazard to persons or property and the location manager will not, or
cannot, prevent the hazard after being instructed to do so by the
officer. The grounds for the film permit suspension shall be provided,
in writing, by the Village film office to the applicant within two
working days of the suspension.
C.
Appeals. The applicant may appeal a denial of a film permit, or a
revocation, suspension, or permit condition. Such appeal shall be
filed with the Village film office not later than five working days
after the date written notice of the decision is made. Failure to
timely file an appeal shall result in a waiver to the right to appeal.
The appeal shall be reviewed by the Village Board of Trustees. The
decision of the Village Board of Trustees shall be subject to judicial
review pursuant to Article 78 of the New York Civil Practice Law and
Rules.
A.
Each and every violation of this chapter shall be punishable by a
fine of not less than $250 and/or imprisonment not exceeding 15 days
for each and every day a violation of this chapter is found to exist.
B.
The imposition of such fine and/or imprisonment shall not be the
Village's exclusive remedy in the event of a violation and the
Village shall have the right to pursue any and all other legal and
equitable remedies available to it in connection with any violation
of this chapter.
