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.
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 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.
[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.