[HISTORY: Adopted by the Board of Trustees of the Village of South Nyack 11-27-1990 by L.L. No. 7-1990; amended in its entirety 11-12-2002 by L.L. No. 5-2002. Subsequent amendments noted where applicable.]
For the purposes of this chapter, the following terms shall have the meanings indicated:
- FILM ADMINISTRATION OFFICER
- The person designated by the Board of Trustees to oversee the administration of filming in the Village of South Nyack.
- The recording on film or other medium of motion pictures, commercials, documentaries, shows, performances, athletic or sports events or other similar events or activities, including still photography. The filming of home movies taken by and intended for the exclusive use of the owner and his/her immediate family shall be excepted herefrom. Filming, as used herein, shall be deemed to include the time when equipment and/or support personnel first arrive at the location and the time when all equipment and personnel last depart from the location.
- MAJOR FILMING
- Filming that involves more than 10 film support personnel.
- MINOR FILMING
- Filming which involves 10 film support personnel or fewer and not more than five vehicles, which may not include a generator, caterer or trailer truck vehicle. All vehicles shall be parked on the private property at which the filming will occur.
- PUBLIC PROPERTY
- Any realty or personalty or interest therein owned by the Village of South Nyack, including streets, sidewalks, rights-of-way, parks, lands, lands under water, waterfront property and other public places, and every estate, interest and right, legal or equitable, therein.
No person, firm, association or corporation shall commence filming on public or private property in the Village of South Nyack unless a permit therefor has been issued by the Village Clerk.
For the purpose of this chapter, filming on public or private property 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.
An application for a filming permit shall be made on forms provided by the Village Clerk and shall contain the following information:
The name, address and telephone number of the person or corporation owning the rights to the film.
The name, address and telephone number of the location coordinator or other contact person.
The purpose of the filming.
The specific location of the property to be used, including the name, address, telephone number and authorizing signature of the owner of the property.
The dates and time of day that the property will be used.
A description of all vehicles to be used in connection with the filming.
The production company or the applicant shall notify all property owners within 250 feet of the location of the dates and times of a scheduled major filming at least three days prior to the commencement of filming. A copy of such notice must be filed with the Village Clerk.
Such other information as may be required by the Board of Trustees, the Village Clerk or the Police Chief of the South Nyack-Grand View Police Department.
No permit shall be issued by the Village Clerk until the application has been reviewed by the Police Chief. The Village Clerk may deny a filming application if he or she determines that it does not comply with the purpose and intent of this chapter or that the public interest will be served by such denial. The applicant may appeal such denial to the Mayor, whose decision thereon will be final.
Every permit shall contain a date of commencement and an expiration date and shall contain the specific hours during which filming shall occur. Filming may not occur on Saturdays, Sundays or national holidays. At no time shall filming or the use of equipment therefor be conducted between the hours of 9:00 p.m. and 8:00 a.m.
An owner of the property at which filming occurs must be on the premises throughout the filming.
Minor filming shall not be conducted at the same location (i.e., same street address) more than five days in a calendar year.
Two permits for major filming may be granted for a specific location (i.e., same street address) per year. Major filming may not extend for more than two consecutive days.
An interval of 60 days must lapse between major filmings at a single location. An interval of 30 days must lapse between major filmings that are within 250 feet of one another.
The Village Clerk, in consultation with the Mayor, may deny any permit for any premises which has previously been the site of filming which has resulted in noncompliance with the filming law, whether or not tickets for violations were issued or there are adjudications of violations.
[Added 1-11-2005 by L.L. No. 1-2005]
The fee for a filming permit shall be as established by the Village Fee Schedule for each and every day or part thereof for which the permit is issued and shall be paid in cash or certified check prior to the issuance of the permit.
In addition, the applicant shall pay the actual overtime cost of the services of a South Nyack-Grand View police officer for safety, security and/or traffic control at the site when deemed necessary by the Police Chief or his designee.
The Film Administration Officer, Village Clerk and/or the Police Chief may suspend or revoke a permit issued pursuant to this chapter for any of the following reasons:
Violation of any law, rule or regulation of the United States, the State of New York, the County of Rockland, the Village of South Nyack or any department or agency thereof.
Violation of any condition of the permit.
Conduct that is detrimental to the health, safety or welfare of the residents of the Village of South Nyack or that is detrimental to public or private property within the Village.
A decision of the Film Administration Officer, Village Clerk or the Police Chief to suspend or revoke a permit shall be appealable to the Mayor, whose decision thereon shall be final.
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.
No permit shall be issued until the applicant has deposited with the Village Clerk a certificate or policy of insurance in an amount not less than $2,000,000 for minor filming and $5,000,000 for major filming, indemnifying and saving harmless the Village of South Nyack, its officers, agents and employees from and against any claim, loss or damage resulting from the filming for which the permit is issued, including coverage protecting the police officers engaged pursuant to § 158-5B hereof.
In addition, the applicant shall deposit with the Village Clerk a cash deposit, letter of credit or bank or certified check in an amount to be determined by the Board of Trustees to guarantee the reconstruction or restoration of any public property damaged as a result of the filming and for payment of amounts due pursuant to § 158-5B hereof, which may be deducted by the Village before returning any unused portion to the applicant. This deposit or letter of credit can also be used to defray any costs the Village incurs caused by infractions of this chapter. Such deposit or letter of credit shall be in a form acceptable to and approved by the Village Attorney.
All signage and refuse associated with any filming shall be removed by the applicant at the completion of filming.
[Amended 1-11-2005 by L.L. No. 1-2005; 6-25-2019 by L.L. No. 3-2019]
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 subject to a Type D penalty as set forth in § 1-15 of the Village Code. The owner of the premises is expressly responsible for compliance with all of the provisions of this chapter, and any infraction shall be deemed an infraction by the property owner in addition to any others who may be in violation hereof. In addition to the penalties set forth hereinabove, the Village may enforce any provision of this chapter by injunction or by civil action to recover a civil penalty in the Type D penalty amount set forth in § 1-15 of the Village Code.