[HISTORY: Adopted by the Board of Trustees of the Village
of Centre Island 11-12-2014 by L.L. No. 2-2014.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was originally adopted
as Ch. 14 but was renumbered to maintain the organization of the Code.
The Village has received a number of requests in recent years
to use public and private areas of the Village for purposes of commercial
filming. The Board of Trustees finds that it is in the public interest
to require a permit for such use, to establish the standards that
will govern applications for these permits and to minimize the impact
of such activity on the residential community.
As used in this chapter, the following terms shall have the
meanings indicated:
The recording on film, video or other medium of motion pictures,
commercials, documentaries, shows, performances, athletic or sports
events or other similar events or activities, excluding still photography.
As used herein, "filming" shall include the use of public or private
property for persons, equipment, vehicles, props, cameras and any
other items or materials used in connection with such filming. The
filming of home movies or videos intended for the exclusive use of
the owner and his/her immediate family are exempt from this chapter
and are not included within the definition of "filming."
The Incorporated Village of Centre Island.
No person, firm, association or corporation shall commence filming
within the Village unless a permit therefor has been issued by the
Village Clerk.
A.
An application for a filming permit shall be made on forms provided
by the Village Clerk and shall contain at least the following information:
(1)
Name, address and telephone number of the person or entity making
the film.
(2)
Name, address and telephone number of the location coordinator or
other contact person.
(3)
Purpose of the filming.
(4)
Specific location of each property to be used in the filming.
(5)
Dates and times of the day that the property will be used.
(6)
Name and address of the property owner.
(7)
Consent of the owner of the property.
(8)
Such other information as may be required by the Village Clerk.
B.
The Village Clerk may grant, deny or grant the permit with restrictions
and/or conditions.
C.
The Village Clerk may deny an application for a filming permit if
he/she determines, in writing, that it will create a dangerous condition,
interfere with the use of the Village streets or public places, create
a nuisance to the Village residents or violate any provisions of the
Village Code.
A.
Every permit shall contain a date of commencement and expiration
as well as the specific hours during which filming may occur.
B.
At no time shall filming or the use of equipment therefor be conducted
between the hours of 11:00 p.m. and 8:00 a.m.
C.
No filming shall commence prior to 10:00 a.m. on Sundays.
D.
The Village Clerk may place further reasonable limitations on the
hours of operation based on the needs of the particular neighborhood
or the existence of conflicting scheduled events.
E.
No more than three applications for a filming permit may be granted
for any one residential property per calendar year, unless approved
by the Board of Trustees.
A.
The fee for a filming permit shall be $1,500 per day, which shall
be paid in cash or certified check prior to the issuance of the permit.
This fee, however, shall be waived in connection with the filming
done for a charitable, educational, public service, or other similar
nonprofit purpose. The application for a filming permit must be submitted
to the Village three business days prior to the commencement of any
film-related activities.
B.
Permission shall be required to perform any filming on Village property,
if approved by the Board of Trustees. A license fee for the use of
Village property shall be negotiated and paid prior to the start of
any filming.
The applicant shall pay the actual cost for the incidental use
of any Village personnel, services or equipment, including police
overtime, in connection with the filming. A refundable deposit of
$500 shall be made to the Village to ensure payment of these costs.
No permit shall be issued until the applicant has deposited
with the Village Clerk a certificate or policy of general liability
insurance, including personal injury liability, in the amount of not
less than $1,000,000 bodily injury and property damage combined single
limit naming the Village as an additional insured, thereby providing
a defense and indemnity from and against any claim, loss or damage
resulting from the filming for which the permit is issued.
A.
The Village Clerk may suspend or revoke a filming permit issued for
any of the following reasons:
B.
A decision of the Village Clerk to suspend or revoke a permit shall
be appealable to the Board of Trustees, whose decision thereon shall
be final. This decision may be reviewed under the New York Civil Practice
Law and Rules by an Article 78 proceeding brought within 30 days of
the filing of the Clerk's decision.
C.
In the event that a permit is suspended or revoked, the fees paid
therefor shall be forfeited and shall not be refunded to the applicant.
A.
Any person, firm or corporation who or which shall violate or fail,
neglect or refuse to comply with any provision of this chapter or
any rule or determination made thereunder, or who shall undertake
filming without a permit therefor, shall, upon conviction thereof,
be punished by a fine of not more than $1,500 or by imprisonment for
not more than 15 days, or by both such fine and imprisonment. Each
day that a violation continues shall be deemed a separate violation.
B.
In addition to the penalties set forth herein above, the Village
may enforce any provision of this chapter by injunction or by civil
action to recover a civil penalty in an amount not to exceed $1,500
for each violation.
