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.
FILMING
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.
An application for a filming permit shall be made on forms provided
by the Village Clerk and shall contain the following information:
A. The name, address and telephone number of the person or corporation
owning the rights to the film.
B. The name, address and telephone number of the location coordinator
or other contact person.
C. The purpose of the filming.
D. The specific location of the property to be used, including the name,
address, telephone number and authorizing signature of the owner of
the property.
E. The dates and time of day that the property will be used.
F. A description of all vehicles to be used in connection with the filming.
G. 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.
H. 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.
[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.
For good cause shown, any provision of this chapter may be waived by the Film Administration Officer, Village Clerk or Police Chief, in his or her sole discretion, with the exception of the provisions of §
158-4D and
E, which can be waived only by a vote of the Board of Trustees.