[HISTORY: Adopted by the Board of Trustees of the Village
of Greenport 6-25-2015 by L.L.
No. 4-2015. Amendments noted where applicable.]
The Village Board of the Village of Greenport recognizes that
the Village's natural beauty, historical sites and waterfront
settings are attractive to individuals, organizations, corporations,
groups, and other entities involved in the businesses of still photography
and filming for motion pictures, television and other media. Because
such 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, the Village desires
to regulate such activities through the issuance of permits. The purpose
of this chapter is to set forth the procedure governing such permit
process.
A.
General. A permit issued pursuant to this chapter is required prior
to any person or entity engaging in the activity of filming, photographing,
transmitting, creating a digital or electronic media, or other recording
of a commercial, movie, documentary, television program, catalog or
magazine layout or any other presentation on any street or public
property in the Village. The permit shall be issued by the Village
Clerk upon approval by the Board of Trustees as provided in this chapter.
B.
Exemption. A permit pursuant to this chapter shall not be required if three or fewer individuals constitute the entire cast and crew engaged in one of the activities described in Subsection A above, for filming intended for the exclusive use of the owner and his or her immediate family or for filming by the news media. Persons making a charitable film or student film shall be obligated to obtain a film permit but shall be exempt from the payment of a permit fee.
As used in this chapter, the following terms shall have the
meanings indicated:
Filming produced by a not-for-profit organization, which
qualifies under Section 501(c)(3) of the Internal Revenue Code as
a charitable organization. No person, directly or indirectly, shall
receive a profit from the marketing and production of the film or
from showing the films, tapes, or photos.
The activity of filming, photographing, or recording on film,
video, electronic or other media, for transmission or commercial use,
a movie, motion picture, film, commercials, television program, documentary,
catalog or magazine layout, show, performance, athletic or sports
event or other similar events or activities. Filming shall include
the use of public property for persons, equipment, vehicles, props,
cameras and any other items or materials used in connection with such
filming, photographing or recording.
The photographing, filming or videotaping for the purpose
of a television news broadcast or reporting for the print or electronic
media by reporters, photographers or cameramen.
The individual or entity that is issued a permit to engage
in filming on Village-owned property or facilities.
Filming produced pursuant to the curriculum of an educational
institution chartered by the State of New York. No person, directly
or indirectly, shall receive a profit from the marketing and production
of the film or from showing the films, tapes, photos or other media
created.
Written authorization to engage in filming on Village-owned
property or facilities.
A paper or electronic form to be used to apply for permission
to engage in filming on Village-owned property or facilities.
A.
An application for a film permit shall be made in person or online
on an application provided by the Village Clerk and shall contain
at least the following information:
(1)
Name, address and telephone number of the person or entity doing
the filming.
(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)
A general statement of the character or nature of the proposed filming
activity.
(7)
The name, address, telephone number and e-mail address of the production
company or person conducting the activity.
(8)
The exact number and description of the personnel to be involved.
(9)
Use of any animals or pyrotechnics.
(10)
The exact number and type of the vehicles and equipment to be used.
(11)
If a student film, a letter with an original signature and seal from
the school involved verifying that the filming is being done pursuant
to the curriculum of an educational institution chartered by the State
of New York.
(12)
If a charitable film, proof of the organization's Section 501(c)(3)
status.
(13)
Such other information as may be required by the Board of Trustees.
B.
Submission to the Village Clerk. The following materials shall be
submitted to the Village Clerk by the applicant at least 15 days prior
to the proposed date of the filming:
C.
The Board of Trustees of the Village of Greenport will review a film
permit application and may grant, deny, or grant with restrictions
or conditions a permit and may, in its discretion, require a public
hearing on the application for a permit. In the event that a public
hearing is required, all property owners within 500 feet of the property
on which the filming is to take place shall be notified of the public
hearing, by the Village at the cost of the applicant, by certified
mail, return receipt requested. The Board of Trustees may deny an
application for a filming permit if it determines that the filming
will create a dangerous condition, unreasonably interfere with the
use of the Village streets or public places, or create a nuisance
to Village residents. The Board of Trustees may, in its sole discretion,
require additional monies to be paid as a fee or deposit based on
factors involved in a particular application, including but not limited
to the size and times of the production and the expected impacts on
the Village and the public.
A.
Every permit shall contain a date of commencement and a date of expiration
as well as the specific hours during which filming may occur. The
Village Clerk or the Village Administrator may administratively extend
the expiration date of a permit during its term by up to 10 days without
further action by the Board of Trustees, subject to reasonable requirements,
including but not limited to additional deposits, that may be set
as a condition of the extension if granted.
B.
The Board of Trustees may place reasonable limitations on the hours
and operation of filming based on the conditions of a particular neighborhood
or the existence of conflicting scheduled events.
C.
Such other restrictions as the Board of Trustees may, in its sole
discretion, deem are appropriate for the application and filming.
A.
Fee. The fee for a filming permit (for a period of three days or
less) shall be a nonrefundable fee of $500 or such other fee as may
be set by the Board of Trustees, payable in cash or check at the time
of submission of the Village of Greenport film permit application.
B.
Clean-up deposit. A deposit of $250 for each day of the filming shall
be paid to the Village at the time of the payment of the permit fee
for a clean-up deposit. The clean-up deposit shall be payable to the
Village of Greenport and shall be used to reimburse the Village for
any expenses incurred by the Village with regard to the filming, including
but not limited to clean-up, and the amount of the clean-up deposit
may be increased by the Board of Trustees for a particular application.
C.
Traffic and pedestrian supervision deposit. A deposit of $250 for
each day of the filming shall be paid to the Village at the time of
the payment of the permit fee for a traffic and pedestrian supervision
deposit, and the amount required for a traffic and pedestrian supervision
deposit may be increased by the Board of Trustees for a particular
application.
D.
Administrative and incidental cost deposit. The Board of Trustees
may require an administrative and incidental cost deposit in an amount
to be set by the Board of Trustees for expected administrative and
incidental costs incurred by a particular application.
E.
The Board of Trustees may, in its sole discretion, lower, raise,
or waive any of the fees or deposits set forth in this chapter with
regard to a particular application.
F.
Any portion of a deposit required by the section or the Village that
is not applied to expenses actually incurred by the Village shall
be refunded to the applicant. The applicant shall be responsible to
the Village for any expenses that are actually incurred that are not
covered by the deposits required by this section or the Village.
A.
No filming permit shall be issued by the Village Clerk until the
applicant has filed with the Village Clerk a certificate or policy
of general liability insurance, naming the Village of Greenport as
additional insured, and including personal injury and property damage
in the amount of not less than $1,000,000 per occurrence for the duration
of the filming or until the applicant has filed with the Village Clerk
an indemnification form provided by the Village which shall indemnify
the Village from any claim, loss, damage or other liability resulting
from the actions of the applicant or the filming for which the filming
permit is issued.
B.
Applicants seeking to make a student film may provide a certificate
of insurance issued on behalf of their educational institution.
C.
The Board of Trustees may set different or additional requirements
for a particular application.
A.
The Village Clerk or Village Administrator by administrative action
or the Board of Trustees may suspend or revoke a filming permit that
has been issued by the Village for any of the following reasons:
B.
In the event that a filming permit is suspended or revoked, the fees
paid therefor shall be forfeited and shall not be refunded to the
applicant.
A.
Any person or entity who or which violates or fails to comply with
any provision of this chapter or any determination made hereunder,
or who shall undertake filming without a permit therefor, shall, upon
conviction thereof, be subject to a fine of not more than $10,000
per offense of this chapter, and each and every day that a violation
of this chapter exists shall constitute a single and separate violation
of this chapter.
B.
The Village may seek injunctive or other court-ordered relief, and
the election by the Village to seek court-ordered relief shall not
be exclusive of the other remedies available to the Village herein.
