[HISTORY: Adopted by the Town Board of the Town of Oyster Bay 11-10-2015 by L.L. No. 3-2015. Amendments noted where applicable.]
The unique nature and beauty of the Town of Oyster Bay and its many residential properties have made it the location for the on-site production of many still photography shoots, television commercials, student documentary projects, motion-picture, television, and video programs. Due to the nature of these location shoots, there is a concomitant increase in electronic equipment, vehicles, traffic, and people within the Town which impacts the infrastructure of the Town, the utilization of public safety personnel and other government resources. It is in the public interest to require those individuals and enterprises who seek to undertake such activities within the Town to assume the financial burden associated with those activities in order to ensure that the taxpayers of the Town of Oyster Bay are not adversely impacted with that financial burden. The requirements herein are not meant to infringe upon the First Amendment rights of any bona fide news organization, as coverage of contemporaneous news events serves the public interest and the provisions herein shall not apply thereto.
As used herein, the following terms shall have the meanings indicated:
- BASE CAMP
- Base camps house crew parking (which can be a significant number of cars), portable bathrooms, star trailers, and a catering tent. All vehicles other than "working trucks" are located in a base camp. "Working trucks" are those defined as vehicles that are vital to the making of the film, such as camera, props, and grip and light.
- COMMERCIAL FILMING
- The recording on film or any other electronic or photographic material or substance of any image or sound where such recording shall be used for a commercial purpose and on-site preparation for such activity and all on-site activity associated with the filming, including but not limited to on-site restoration and cleanup. Such commercial purposes shall include but not be limited to the making of motion pictures, music videos, television programs, advertisements, commercials, and still photography. Specifically excluded from the provisions of this definition are any activity undertaken by a bona fide news organization which enters into the Town to cover contemporaneous news stories; weddings; and other similar types of photography undertaken by a commercial photographer.
- STUDENT FILMING
- Films and/or videos recorded by a student in the fulfillment of educational requirements, provided that such works will not be used for a commercial purpose.
No person, firm, association, corporation, or enterprise shall commence commercial or student filming or establish a base camp anywhere in the Town of Oyster Bay unless a permit therefor has been previously issued by the Town Clerk of the Town of Oyster Bay.
Applicants for a permit under this chapter must submit the following documents:
An application for a permit under this chapter shall be made to the Town Clerk at Town Hall during normal business hours at least 10 days prior to any activity commencing anywhere in the Town of Oyster Bay. Such application form, which shall be provided by the Town Clerk, shall contain the following information:
Name, address and telephone number of the person or entity owning the rights to the commercial film, if applicable.
Name, address and telephone number of the location coordinator or other contact person.
Purpose of the filming.
Specific locations of the properties to be used.
Dates and times of day that the properties will be used.
A description of all motor vehicles and bulk equipment to be used in connection with the filming, together with the vehicle registrations and license plate numbers for all such vehicles.
Such other information as may be required by the Town Board of the Town of Oyster Bay or the Town Clerk.
Written consent of the owners of all properties where all filming activities are to take place.
An applicant who has obtained a filming permit from the Town within the last 12 months may reapply for a new permit upon three days' notice as described below so long as the Town received no written complaints regarding the prior filming from any Town resident and the present application complies with all other provisions in this chapter. The application must be made to the Town Clerk at Town Hall in person, or by electronic mail, or certified mail at least three business days prior to any activity commencing anywhere in the Town.
Any change in the planned activities for which the permit has been requested or obtained shall be submitted by the applicant in advance of the proposed changes, and shall be approved or denied in the same manner as the original application.
The Town Clerk may deny any application for a filming permit that does not comply with the purpose and intent of this chapter or if the public interest would be served by such denial. The Town Clerk may also deny any application for such permit when, in the judgment of the Town Clerk, such permit would conflict with other scheduled events in the area of the filming location; 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 the use of explosives; or would unduly interfere for an extended period of time with the day-to-day activities of the surrounding residents. Where an application has been denied, the applicant may appeal such denial to the Town Board, whose decision thereon shall be final.
Every permit shall contain a date of commencement and an expiration date and shall specify the specific hours during which any permit activity shall occur.
At no time shall any filming or use of any equipment therefor be allowed between the hours of 10:00 p.m. and 8:00 a.m.
At no time shall any filming or use of any equipment therefor be allowed on Sundays.
No filming activity shall intrude upon or interfere with the privacy or property of any property owner unless a written consent shall have been previously obtained from said property owner.
There shall be no rerouting of traffic in connection with any filming activity except as specifically authorized and approved in advance by the Town Attorney and the Commissioner of Public Safety, or their respective designees.
The filming activity shall be conducted so as not to interfere with access to fire stations and fire hydrants. Equipment, materials or obstructions shall not be placed within 50 feet of fire hydrants.
The Town Attorney and/or Commissioner of Public Safety, and/or their respective designees, may place such other further reasonable limitations on the permit as in their opinion are warranted under the circumstances.
The fees for a commercial filming permit, student filming permit or for staging a base camp shall be as set forth in the attached fee schedule, which may be amended from time to time by the Town Clerk.
Editor's Note: The current filming and photography fee schedule is on file in the Town offices.
A filming permit may be suspended or revoked by the Town for any of the following reasons:
Violation of any law, rule or regulation of the United States of America, the State of New York, the County of Nassau, the Town of Oyster Bay.
Violation of any condition of the permit.
Conduct that is detrimental to the health, safety or welfare of the residents of the Town of Oyster Bay or that is detrimental to public or private property within the Town of Oyster Bay.
A decision by the Town Clerk to suspend or revoke a permit shall be appealable by the permit holder to the Town Board, whose decision therein shall be final.
Where a permit is suspended or revoked, the fees paid therefor shall be forfeited and shall not be refunded.
Any revocation of a filming permit shall bar the applicant and/or permit holder from applying for a new permit for the period of one year from the date of the revocation.
No permit shall be issued unless the applicant shall have first filed with the Town Clerk a certificate of insurance in a form and in an amount acceptable to the Town Attorney, or his designee, evidencing comprehensive liability and property damage insurance coverage but in no event shall such insurance be less than $1,000,000 per occurrence. The Town of Oyster Bay, its officers, agents, and employees shall be a named insured and certificate holder on all such policies, thereby providing defense and indemnity from and against any claim, loss or damage resulting from any activity for which the permit was issued. Such indemnity shall not be limited by enumeration of any insurance coverage herein provided.
The applicant and/or permit holder shall deposit with the Town Clerk a cash bond or letter of credit in a form acceptable to the Town Attorney, or his designee, in an amount to be determined by the Town to guarantee the reconstruction or restoration of any public or private property damaged as a result of any activity undertaken pursuant to the permit.