[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 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.
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.
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.
A.
Applicants for a permit under this chapter must submit the following
documents:
(1)
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:
(a)
Name, address and telephone number of the person or entity owning
the rights to the commercial film, if applicable.
(b)
Name, address and telephone number of the location coordinator
or other contact person.
(c)
Purpose of the filming.
(d)
Specific locations of the properties to be used.
(e)
Dates and times of day that the properties will be used.
(f)
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.
(g)
Such other information as may be required by the Town Board
of the Town of Oyster Bay or the Town Clerk.
(2)
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.
A.
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.
B.
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.
C.
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.
D.
At no time shall any filming or use of any equipment therefor be
allowed on Sundays.
E.
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.
F.
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.
G.
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.
H.
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,[1] which may be amended from time to time by the Town Clerk.
[1]
Editor's Note: The current filming and photography fee schedule
is on file in the Town offices.
A.
A filming permit may be suspended or revoked by the Town for any
of the following reasons:
(1)
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.
(2)
Violation of any condition of the permit.
(3)
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.
B.
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.
C.
Where a permit is suspended or revoked, the fees paid therefor shall
be forfeited and shall not be refunded.
D.
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.
[Added 3-7-2023 by L.L. No. 4-2023]
A.
Any person,
entity or production company committing an offense against any provision
of this chapter shall, upon conviction thereof, be subject to a fine
of not less than $250 and not exceeding $1,000 or by imprisonment
for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of a violation of the provisions of this chapter
shall constitute, for each day the violation is continued, a separate
and distinct offense punishable in like manner. Any production company
found by the Bureau of Administrative Adjudication to have violated
any provision of this chapter shall likewise be subject to a monetary
penalty within the range of fines authorized herein for offenses or
continuing offenses.
B.
The criminal
and civil penalties set forth herein are in addition to the right
of the Town Clerk to revoke the permit of any person or entity found
to have violated any of the provisions of this chapter, with forfeiture
of fees paid, deny future permit applications, and pursue civil and
equitable relief in the name of the Town in a court of competent jurisdiction,
including but not limited to compensatory actions, including an action
to compel compliance with or to restrain by injunction the violation
of this chapter; and other remedies which in the opinion of the Town
Attorney may seem necessary and proper.
A.
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.
B.
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.
