[Adopted by the Board of Trustees of the Village of Baxter
Estates 9-3-2015 by L.L. No. 4-2015.[1] Amendments noted where applicable.
[1]
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.
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 each 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 Board of
Trustees.
B.
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.
C.
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.
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 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.
C.
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.
D.
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.
E.
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.
A.
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:
(1)
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.
(2)
Violation of any condition of the permit.
(3)
Conduct that is detrimental to the health, safety or welfare of the
public.
B.
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.
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.
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.
B.
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.
