[HISTORY: Adopted by the North Hempstead Town Board 5-18-2010 by L.L. No.
4-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Explosives — See Ch. 19.
Littering and dumping — See Ch. 34.
Noise — See Ch. 38.
Regulation of Town parks, Town gardens and Town docks — See Ch. 39.
Sidewalks — See Ch. 48.
Town facilities — See Ch. 57.
Town lands, shorefronts and land under water — See Ch. 59.
Vehicles and traffic — See Ch. 65.
Zoning — See Ch. 70.
A.
The Town Board of the Town of North Hempstead recognizes that the
Town's natural beauty, geographical location and historical sites
are attractive to individuals, organizations, corporations, groups
and other entities involved in the businesses of still photography,
motion pictures and television.
B.
It is hereby found by the Town Board of the Town of North Hempstead
that 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,
it is necessary to provide for the regulation of the taking of still
or motion pictures within the Town through the issuance of permits
and that said regulation is a matter affecting the public interest
and therefore should be subject to supervision and administrative
control for the purpose of safeguarding the public against the impact
of such activities.
A.
Whenever used in this chapter, words used in the singular include
the plural, and vice versa, and pronouns used in the masculine gender
also include the feminine, and vice versa.
B.
BASE CAMP
EQUIPMENT
FILMING
HANDHELD DEVICE
(1)
(2)
INCIDENTAL USE OF PUBLIC LANDS
PERSON
PRIVATE PROPERTY
PUBLIC LANDS
TOWN
TOWN ATTORNEY
TOWN BOARD
TOWN CLERK
TOWN FACILITY
For the purposes of this chapter, the following terms shall have
the meanings indicated:
A location, other than the location where filming is to occur,
where equipment related to the filming is stored or where services
ancillary to the filming are performed. For purposes of this definition,
a location used by an applicant for vehicle parking only shall not
be considered a base camp.
[Added 7-14-2015 by L.L.
No. 7-2015[1]]
Shall include, but is not limited to, television, photographic,
film, digital or video cameras or transmitting television equipment,
including radio remotes, props, sets, lights, backdrops, electric
and grip equipment, dolly tracks, screens or microphone devices, and
any and all production-related materials. Equipment shall not include
a "handheld device," as defined herein, and vehicles, as defined in
Vehicle and Traffic Law § 159, that are used solely to transport
a person or persons while engaged in the activity of filming from
within such vehicle, operated in compliance with relevant traffic
laws and rules.
The taking of still or motion pictures, either on film, on
videotape, digitally or by similar recording medium, for commercial
or educational purposes intended for viewing on television or the
Internet or in theatres or for institutional use. Filming includes
all rehearsals, preparations and assembly and dismantling of all equipment
and structures, including but not limited to scaffolding, lights,
backdrops, tools and food, and the loading and unloading of vehicles
containing the equipment, structures and food.
Film, still or television camera, video or digital camera, or
other equipment held in the photographer's or filmmaker's hand, carried
at all times with the photographer or filmmaker during the course
of filming, and not requiring the use of cables or any other item
or equipment not carried by the photographer or filmmaker at all times
during the course of photography, filming or transmission; or
Tripods used to support film, still, television, video or digital
cameras.
Public lands used in conjunction with filming that occurs
on private property.
Any individual, partnership, corporation, organization, association,
limited-liability company, partnership, society or any other legal
entity.
Any property other than public lands.
Any and every public street, highway, sidewalk or square,
public park or playground, public waters, waterfront property or other
public place within the Town which is within the jurisdiction and
control of the Town or involving the use of any Town-owned or maintained
facilities or equipment or of a special district within the Town for
which the Town Board serves as the Board of Commissioners.
The Town of North Hempstead.
[Added 9-12-2012 by L.L. No. 12-2012]
The person designated by the Town Board as the Town Attorney
of the Town of North Hempstead.
[Amended 7-14-2015 by L.L. No. 7-2015]
The Town Board of the Town of North Hempstead.
[Added 9-12-2012 by L.L. No. 12-2012]
The Town Clerk of the Town of North Hempstead.
[Added 9-12-2012 by L.L. No. 12-2012]
Any land or building owned, leased, operated or controlled
by the Town of North Hempstead or a special district operated by the
Town of North Hempstead.
[Amended 7-14-2015 by L.L. No. 7-2015]
[1]
Editor's Note: This local law also repealed the former definition
of "Commissioner of Parks," added 9-12-2012 by L.L. No. 12-2012, which
immediately followed.
A.
No person shall film or allow filming on public lands within the Town of North Hempstead without first obtaining a permit therefor from the Town Clerk in accordance with this chapter, except as provided for in § 36-4 hereof.
B.
No person shall film or allow filming on private property within the Town of North Hempstead without first obtaining a permit from the Town Clerk in accordance with this chapter when such filming shall result in an incidental use of public lands, except as provided for in § 36-4 hereof. Any incidental use of public lands that obstructs any public lands or interferes with the use of any public lands requires a permit; provided, however, that nothing contained in this section shall prevent persons from temporarily loading or unloading filming equipment on any public right-of-way, provided that such loading or unloading is done without unnecessary delay, and provided that such filming equipment is not allowed or permitted to remain on such public right-of-way for a period longer than 15 minutes.
C.
Permits shall be obtained in the office of the Town Clerk during normal business hours. Applications for such permits shall be in accordance with § 36-5 and shall be accompanied by a permit fee in the amount established by the Town.
D.
One permit shall be required for each location.
E.
[1]The maximum number of consecutive days on which filming
may be authorized shall not exceed 14, without a waiver pursuant to
this chapter.
[Amended 9-12-2012 by L.L. No. 12-2012]
F.
If a permit is issued and due to inclement weather or other good
cause, not within the control of the applicant, filming does not in
fact take place on the date or dates specified, the Town Clerk may,
at the request of the applicant, issue an amended permit for filming
on other dates subject to full compliance with all other provisions
of this chapter. No additional fee shall be required for an amended
permit under this section.
Notwithstanding the requirements of this chapter, the filming
activities designated below do not require a permit to be obtained
pursuant to this chapter, if such activity does not obstruct or interfere
with the use of any public lands. For purposes of this section, the
term "obstruct or interfere with the use of any public lands" shall
mean any filming activity which impedes or which involves the blockage,
interruption or closure, in whole or in part, of any public lands.
A.
Filming and coverage by news media.
B.
Filming by and intended for the exclusive use of the owner and his/her
immediate family.
C.
Filming occurring on public lands or on private property resulting
in an incidental use of public lands, and involving the use of a handheld
device, as defined herein.[1]
[1]
Editor's Note: Former Subsection D, exempting filming occurring
at a Town park or other facility in which the Town Board has established,
or establishes, by local law or resolution, a fee schedule and/or
policy governing rules of conduct for such activity, which immediately
followed, was repealed 7-14-2015 by L.L. No. 7-2015.
[Amended 9-12-2012 by L.L. No. 12-2012; 7-14-2015 by L.L. No. 7-2015]
All permits shall be applied for and obtained from the Office
of the Town Clerk. Applications may be submitted to the Town Clerk
in person during normal business hours, by mail, by e-mail or by online
form in the event that an online form is developed for this purpose.
Any application must contain at least the following information:
A.
The name, address and telephone number of the applicant.
B.
The name, address and telephone number of the person or entity making
the film.
C.
The name, address and telephone number of the location coordinator
or other contact person.
D.
The location of the property where filming, etc., is to take place
and the location of any property to be used by the applicant as a
base camp.
E.
Whether the applicant is the owner or tenant in possession of the
property to be used for filming or as a base camp.
F.
The name and address of the owner of the property, if the applicant
is not the owner.
G.
The consent of the owner of the property to be used for filming or
as a base camp, if other than the applicant.
H.
The date filming is to take place and the hours of filming.
I.
A statement indicating the nature and scope of filming, specifically
detailing any excessive noise, illumination or other special effects
and any potentially dangerous activity or creation of a dangerous
condition, such as the use of explosives, pyrotechnics, animals, weaponry
and stunts that may endanger the public's health, safety or welfare.
J.
A list and description of all vehicles and their license plate numbers,
including the applicant's vehicles and vehicles of the applicant's
personnel.
K.
A list and description of all props, sets and equipment to be used
in connection with the filming.
L.
Any other approval the Town Clerk deems necessary, together with
any conditions which may be set forth.
M.
A signed statement that the applicant affirms, under penalty of perjury,
that all statements contained in the application are true.
A.
No permit shall be issued for filming within the Town of North Hempstead
unless the applicant for such permit:
(1)
Provides proof of insurance coverage for damage to property in the
amount of $250,000 for any single claim and for any aggregate occurrence
in the amount of $1,000,000; for bodily injury for any person in the
amount of $500,000 and for any aggregate occurrence in the amount
of $2,000,000. Each such insurance policy shall name the Town of North
Hempstead as an additional insured party.
(2)
Agrees, in writing, to indemnify and hold harmless the Town of North
Hempstead from any and all liability or damages resulting from the
use of such public lands.
B.
The holder of a permit shall take all reasonable steps to minimize
interference with the free passage of pedestrians and traffic over
public lands and shall comply with all lawful directives issued by
the Police Department or by the Town with respect thereto.
C.
The holder of a permit shall conduct filming in such a manner as
to minimize the inconvenience or discomfort to adjoining property
owners and/or residents which is attributable to such filming and
shall, to the extent practicable, abate noise and park vehicles associated
with such filming off the public streets. The holder shall avoid any
interference with previously scheduled activities on public lands
and shall limit, to the extent possible, any interference with normal
public activity on such public lands.
D.
The holder of a permit shall take all reasonable steps to minimize
the creation and spread of debris, litter and rubbish during filming
and shall be responsible for removing all equipment, debris, litter
and other rubbish from the filming location upon the completion of
filming or the expiration of the permit, whichever comes first.
E.
The holder of a permit shall notify the appropriate Police and Fire
Departments that it intends to film at the authorized location not
less than 72 hours before such filming shall commence.
[Amended 7-14-2015 by L.L. No. 7-2015]
F.
The holder of a permit that will allow the closing of a sidewalk,
street or other public lands shall notify all properties directly
affected by such closing, in writing, not less than 48 hours before
such closing shall begin.
G.
When feasible,
the Town may require the holder of a permit issued under this chapter
to provide notification of a planned filming to residents and businesses
within 300 feet of the location of any anticipated parking (if occupying
more than three parking spaces) or traffic obstruction. Such notification
must be distributed to each resident and business not less than 72
hours in advance of filming, when feasible. Each notification must
include the following information:
[Added 7-14-2015 by L.L.
No. 7-2015[1]]
H.
Applications
for a film permit requiring temporary road closures must be filed
with the Office of the Town Clerk no less than 10 days in advance
of the filming. Such applications must include a traffic plan showing
any scheduled street closures, traffic closures, and proposed detours
during the filming activity.
[Added 7-14-2015 by L.L.
No. 7-2015]
(1)
In addition
to any other requirements imposed by this chapter, a film permit requiring
temporary road closures shall be approved by the Clerk unless he or
she determines that any of the following conditions exist:
(a)
The
filming activity will substantially disrupt the use of a street at
a time when it is usually subject to traffic congestion, or interfere
with the operation of emergency vehicles in the proposed permit area;
(b)
The
location of the filming activity will substantially interfere with
street maintenance work or a previously authorized excavation permit;
(c)
The
proposed permit location will substantially interfere with municipal
functions or previously authorized activities on Town property;
(d)
The
filming activity creates a substantial risk of injury to persons or
property;
(e)
Any
other concerns that may be identified by the Town.
(2)
The
Clerk may impose conditions on a film permit requiring temporary road
closures, including but not limited to the placement of signage and
other traffic control devices by the applicant at the applicant's
expense.
I.
Filming hours:
[Amended 3-8-2011 by L.L. No. 5-2011]
(1)
Filming and related activities shall only be permitted between the
hours of 7:30 a.m. and 9:00 p.m.
(2)
The arrival and setup of equipment and vehicles and the breakdown
of such equipment and vehicles at the end of the filming shall be
accomplished within the permitted time period.
(3)
Notwithstanding
the above, an applicant may request authorization for modified filming
hours, either earlier than 7:30 a.m. or after 9:00 p.m., by submitting
a written request to the Town Clerk setting forth the specific dates
and hours for which the applicant is seeking to film. A written request
for such modified filming hours shall be subject to the following:
(a)
The
Town Clerk shall review the request and render a proposed written
determination that shall be forwarded to the Supervisor and the Councilperson
within whose district the filming is proposed to be conducted.
[Amended 7-14-2015 by L.L. No. 7-2015]
(b)
The
Supervisor and the Councilperson shall have three business days to
consider the applicant's request and the proposed determination rendered
by the Town Clerk, and each may provide comments and/or recommendations
to the Town Clerk prior to the expiration of said time period; provided,
however, that, when feasible, the Supervisor and the Councilperson
shall have one business day to consider an application involving expedited
review.
[Amended 7-14-2015 by L.L. No. 7-2015]
(c)
In
the event that the Supervisor and the Councilperson provide no comments
and/or recommendations, the proposed determination rendered by the
Town Clerk shall become final and conclusive and shall be incorporated
into the filming permit. In the event that the Supervisor and/or Councilperson
provide comments and/or recommendations contrary to the proposed determination
rendered by the Town Clerk, those comments and/or recommendations
shall prevail, be final and conclusive, and shall be incorporated
into the filming permit.
J.
Upon receipt of an application for a permit with a filming location in a Town facility, the Town Attorney, or his/her designee, shall contact the applicant for the purpose of notifying the applicant of any additional fees necessary for the use of the Town facility pursuant to § 36-9 herein and further for the purpose of entering into a license agreement for the use of the Town facility. The Town Clerk shall not approve such an application unless and until such fees and license are agreed upon to the satisfaction of the Town Attorney or his/her designee.
[Added 9-12-2012 by L.L. No. 12-2012; amended 7-14-2015 by L.L. No. 7-2015]
K.
Any permits
issued hereunder shall not be transferable.
[Added 9-12-2012 by L.L. No. 12-2012]
L.
The holder
of a permit agrees to abide by all provisions of this chapter, the
specific terms and conditions of the permit, and all applicable Town,
state, and federal laws or rules.
[Added 9-12-2012 by L.L. No. 12-2012]
[Amended 7-14-2015 by L.L. No. 7-2015]
A.
The Town Clerk shall, upon receipt of a complete application for
a permit under this chapter, communicate with the appropriate Police
Department, Fire Department and Town department(s) for such public
lands for which the permit is sought and shall request a written recommendation
from each such agency as to whether the proposed filming could be
conducted without creating a danger to the public or a public nuisance.
Upon written recommendation from said agency(ies) having jurisdiction,
the Town Clerk shall have the authority to require one or more on-site
police patrolmen, or fire prevention and/or emergency responders,
or additional private security, or such other licensed personnel as
may be deemed appropriate, the cost of which, in its entirety, shall
be borne by the applicant as a cost of production.
B.
The Town Clerk may refuse to issue a permit after a review of the
application, whenever a determination is made that the proposed filming
would violate any law or ordinance or unduly interfere with normal
governmental or Town operations or would unreasonably interfere with
the public's use of public lands, unreasonably interfere with the
use and enjoyment of adjoining properties, unreasonably impede the
flow of vehicular or pedestrian traffic, would be detrimental to the
community because of anticipated excessive noise, illumination or
other effect caused by the proposed filming, including but not limited
to a potentially dangerous activity or creation of a dangerous condition,
such as the use of explosives, the use of stunts, helicopters, firearms
or simulated firearms, otherwise endanger the public's health, safety
or welfare or unreasonably impede or adversely affect the quality
of life of the Town's residents or businesses. Such refusal shall
be in writing and shall specify the reasons for the refusal.
C.
After receipt
of an application under this chapter, the Town Clerk shall provide
notice of the application and the location of filming specified in
the application to the Supervisor and to the Councilperson for the
district in which the filming is to take place.
Any person aggrieved by a decision of the Town Clerk to deny
or revoke a permit may appeal to the Town Board. A written notice
of appeal setting forth the reasons for the appeal shall be filed
with the Town Clerk within 10 days of the Town Clerk's decision. The
Town Board shall review such appeal within 30 days from the day on
which the notice of appeal is filed, or at such other time as may
be reasonably practicable, and may reverse, modify or affirm the action
of the Town Clerk upon a finding that the action of the Town Clerk
was arbitrary, capricious or not supported by substantial evidence.
The Town Board shall render a decision in the form of a resolution.
The decision and order of the Town Board on such appeal shall be final
and conclusive.
[Amended 9-12-2012 by L.L. No. 12-2012; 7-14-2015 by L.L. No. 7-2015]
A.
Each permit
application shall be accompanied by payment of fees in the amounts
established by the Town of North Hempstead Permit Fee Schedule as
adopted by resolution of the Town Board. Such fee schedule may provide
for the following:
(1)
A nonrefundable
application fee.
(2)
A facility
fee for use of Town facilities, which fee may be identical for all
Town facilities or differentiate between Town facilities.
(3)
An additional
fee in the event that a base camp is designated or required.
(4)
An expedite
fee to be assessed when the Town Clerk, at his or her discretion,
receives a permit application for filming that is to commence less
than five business days following the date of the application.
(5)
Other
fees as may be deemed necessary or desirable by the Town Board.
B.
The applicant
shall also pay any fees or charges assessed by the Town to reimburse
the Town for other personnel costs made necessary by filming at any
location.
A.
The violation of any provision of this chapter shall be punishable
by a fine of not less than $1,500 nor more than $2,500 for a first
offense; by a fine of not less than $2,500 nor more than $5,000 for
a second or subsequent offense committed within a period of three
years. Each day's continued violation shall be a separate, additional
violation of this chapter.
B.
The imposition of such fine 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 to it in connection with any
violation of this chapter.
The Town Board may authorize a waiver of the requirements and/or
limitations of this chapter by resolution whenever it determines that
strict compliance with such limitations or requirements will pose
an unreasonable burden upon the applicant and that such license may
be issued without endangering the public's health, safety or welfare.
In such instances, the Town Board may attach additional conditions
and safeguards to ensure the orderly conduct of the activity and to
minimize the impact of such use.
A.
During the course of filming, any authorized Town Code enforcement
official or a police officer of the appropriate police agency may
suspend any permit where public health or safety risks are found or
where exigent circumstances warrant such action.