[Adopted by the Board of Trustees of the Village of Baxter Estates 9-3-2015 by L.L. No. 4-2015. Amendments noted where applicable.
Editor's Note: This local law was originally adopted as Ch. 24 but was renumbered to maintain the organizational structure 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 filming for commercial, business, charitable, educational and public service purposes. The Board of Trustees finds that it is in the public interest to require a permit for filming for such purposes, to establish standards that will govern applications for such 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 for commercial or business use, or for charitable, educational, public services or similar not-for-profit purpose, on film, video or other medium of motion pictures, commercial, 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 is exempt from this chapter and is not included within the definition of "filming." Furthermore, the filming of social or family events and celebrations on private property within the Village, whether or not compensation is paid to the person or entity performing such filming, is exempt from this chapter and is not included within the definition of "filming."
- The Incorporated Village of Baxter Estates.
No person, firm, association, or corporation shall commence filming within the Village unless a permit therefor has been issued by the Village Board of Trustees.
An application for a filming permit shall be made on forms provided by the Village Clerk and shall contain at least the following information:
Name, address and telephone number of the person or entity making the film.
Name, address and telephone number of the location coordinator or other contact person.
Purpose of the filming.
Specific location of each property to be used in the filming.
Dates and times of the day that each property will be used.
Name and address of the property owner.
Consent of the owner of the property.
Such other information as may be required by the Village Board of Trustees.
The Village Board of Trustees may grant, deny, or grant the permit with restrictions and/or conditions. In its discretion, the Board of Trustees may require a public hearing on the application, and then, not less than 10 days and no more than 20 days before the date of the public hearing, the applicant shall serve, by certified mail, return receipt requested, a written notice of the hearing, in a form to be approved by the Village, upon all property owners within 500 feet of any location of the proposed filming and upon the Port Washington Police Department and the Port Washington Fire Department. Proof of such service shall be filed with the Village Clerk prior to the public hearing.
The Village Board of Trustees may deny an application for a filming permit if it determines that such 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.
Every permit shall contain a date of commencement and expiration as well as the specific hours during which filming may occur.
At no time shall filming or use of equipment be conducted between the hours of 11:00 p.m. and 8:00 a.m., unless the Village Board of Trustees provides for different hours in the permit.
No filming shall commence prior to 10:00 a.m. on Saturdays or Sundays, unless the Village Board of Trustees provides for different hours in the permit.
In rendering a determination with respect to any such application, the Village Board may vary any provisions of the Village Code regarding noise or lighting, provided that such variances do not create a dangerous condition and are consistent with the public health, safety and welfare.
The Village Board of Trustees may place further reasonable limitations on hours of operation based on the needs of the particular neighborhood or the existence of conflicting scheduled events.
The fee for a filming permit shall be in such amount as is established from time to time by resolution of the Board of Trustees. Such fee shall be paid in cash or check three days 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 applicant shall pay the actual cost for the incidental use of any Village personnel, services, or equipment in connection with the filming.
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 and property damage liability, in the amounts and in a form to be set by the Village Board of Trustees in granting the permit, providing a defense and indemnity from and against any claim, loss or damage resulting from the filming for which the permit is issued. Such insurance will name the Village, its officers, employees and representatives as additional insureds.
The Village Clerk or such other Village official who may be designated in the permit may suspend or revoke a filming permit issued 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 Nassau, the Town of North Hempstead, the Village or any department or agency of any of the foregoing.
Violation of any condition of the permit.
Conduct that is detrimental to the health, safety or welfare of the public.
A decision by the Village Clerk or such other Village official to suspend or revoke a permit may be appealed 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 decision of the Board of Trustees in the Village Clerk's office.
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.
Each person, firm, corporation, association or other entity who or which shall undertake filming without a permit issued under this chapter, or otherwise violate, or fail to comply with, any provision of this chapter or any determination made hereunder shall, upon conviction thereof, be guilty of a violation, punishable as follows: for a conviction of a first offense, by a fine not more than $5,000, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; for a conviction of a second offense, both of which were committed within a period of five years, by a fine not less than $5,000, nor more than $10,000, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment; and for a conviction of a third or subsequent offense, all of which were committed within a period of five years, by a fine not less than $10,000, nor more than $15,000, or imprisonment for a period not to exceed 15 days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation.
In addition to the penalties set forth hereinabove, a violation of this chapter shall constitute disorderly conduct, and 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 $20,000 for each violation.