Village of Port Washington North, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Port Washington North 9-2-2015 by L.L. No. 5-2015. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 116.
A. 
The Board of Trustees recognizes that the Village of Port Washington North has natural beauty, geographical location, historical sites and waterfront sites that are attractive to individuals, organizations, corporations, groups and other entities involved in the business of motion pictures, television, internet production, and still photography production.
B. 
It is the intent of the Incorporated Village of Port Washington North to regulate the activities of individuals, organizations, corporations, groups and other entities involved in the business of motion pictures, television, internet production, and still photography production so as to assure the health, safety and welfare of the residents of the Village of Port Washington North and to generate additional jobs for local residents and income for local businesses.
As used in this chapter, the following terms shall have the meanings indicated:
FILMING
The taking of still or motion pictures on any type of analog or digital recording medium, for commercial, educational or institutional purposes, intended for viewing on any device, including, but not limited to, television, projector screen, computer, smart phone, tablet, or other electronic device, or for viewing over the internet or in any place of assembly, or for educational or institutional use. Filming includes all rehearsals, preparations, assembly and dismantling of all equipment and structures, including, but not limited to, scaffolding, lights, backdrops, tools and food, and the loading and unloading of vehicles containing the equipment, structures and food.
INCIDENTAL USE OF PUBLIC LANDS
Public lands used in conjunction with filming that occurs on private property.
MOTION PICTURE, TELEVISION AND STILL PHOTOGRAPH
All activity pertaining to production, staging or shooting of motion pictures, television shows or programs involving music videos and commercials in any medium.
PRIVATE PROPERTY
Any property other than public lands.
PUBLIC LANDS
Every public street, highway, sidewalk or square, public park or playground, public waters, waterfront property or other public place located within the jurisdiction and control of the Village of Port Washington North or involving the use of any Village-owned or -maintained facilities or equipment.
VILLAGE OF PORT WASHINGTON NORTH FILM PERMIT
Written authorization to engage in film, motion picture, television, internet and still photography production on Village property or facilities and/or the incidental use of public lands for said production.
A. 
No individual, organization, corporation, group, and any other entity involved in the business of film shall engage in motion pictures, television, internet and still photography production on public lands within the Village of Port Washington North without first applying for and obtaining a permit therefor from the Village Clerk in accordance with this chapter, except as provided for in § 93-4 hereof.
B. 
No individual, organization, corporation, group, and any other entity shall violate federal, state or local law or health and safety codes while engaging in motion picture, television, internet and still photography production on any Village property or facility.
C. 
No individual, organization, corporation, group and any other entity shall film or allow filming on private property within the Village of Port Washington North without first obtaining a permit from the Village Clerk in accordance with this chapter, except as provided for in § 93-4 hereof. Any incidental use of public lands shall be fully disclosed, described and included in any application for a permit; provided, however, that nothing contained in this section shall prevent persons from temporarily loading or unloading filming equipment on any public right-of-way, provided that such loading or unloading is done without unnecessary delay, and provided that such filming equipment is not allowed or permitted to remain on such public right-of-way for a period longer than 15 minutes.
D. 
One permit shall be required for each location and one permit may authorize filming for up to a maximum of three consecutive days. Thereafter, a new permit must be applied for and granted.
E. 
A nonrefundable application fee of $150 shall accompany any application submitted to the Village Clerk.
Notwithstanding the permit requirements of this chapter, the filming activities designated below do not require a permit to be obtained pursuant to this chapter, provided that such activity does not obstruct or interfere with the use of any public lands and facilities of the Village:
A. 
Filming and coverage by news media.
B. 
Any police, fire or emergency related activities.
C. 
Noncommercial filming, motion picture, internet or still photography by and intended for private family use.
A. 
The Village Clerk, upon receipt of a complete application for a permit under this chapter, shall conduct a review of the application and consider any facts and circumstances that the Village Clerk deems relevant to the specific application, including but not limited to the following:
(1) 
The location of the proposed filming;
(2) 
The date and duration of the proposed filming;
(3) 
Recommendations and/or objections from the Police Department and/or Village departments;
(4) 
The number of permits previously granted at the location of the proposed filming; and
(5) 
Any facts and circumstances specific to the proposed filming that may impact the health, safety and welfare of the residents of the Village.
B. 
In conducting the review, the Village Clerk shall communicate with the Police Department, Fire Department and other Village departments and officials regarding the application.
C. 
The Village Clerk shall complete the review in five business days from the date the application is submitted.
D. 
The Village Clerk may deny an application for a permit under this chapter after a review of the application and consultation with police, whenever a determination is made that the proposed filming would violate any law or ordinance or would unreasonably interfere with the public's use of public lands, unreasonably interfere with the use and enjoyment of adjoining properties, unreasonably impede the flow of vehicular or pedestrian traffic, would be detrimental to the community because of anticipated excessive noise, illumination or other effect, caused by the proposed filming, including, but not limited to, a potentially dangerous activity or creation of a dangerous condition otherwise endangering the public's health, safety or welfare. Such denial shall be in writing and shall specify the reasons for the denial.
Any person aggrieved by a decision of the Village Clerk to deny a permit may appeal to the Board of Trustees. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Village Clerk within 10 days of the Village Clerk's decision. The Board of Trustees shall render a decision in the form of a resolution.
In any proceeding pursuant to this § 93-3 or 93-9 of this chapter, it shall be an affirmative defense that such person was taking still or motion pictures solely for noncommercial use.
A. 
Fees for filming shall be as follows:
(1) 
For a full day; anything over four hours a day: $500.
(2) 
For a half day, up to and including four hours: $250.
B. 
Film permit fees may be waived or modified in connection with filming done for charitable, educational, student films, public service or other nonprofit purpose.
C. 
The applicant shall pay actual cost, if any, for the incidental use of any Village of Port Washington North personnel, service or equipment in connection with permitted, filming activities.
A. 
The violation of any provision of this chapter shall be punishable by a fine of not less than $1,500 nor more than $2,500 for a first offense; by a fine of not less than $2,500 nor more than $5,000 for a second or subsequent offense committed within a period of three years. Each day's continued violation shall be a separate, additional violation of this chapter.
B. 
During the course of the filming, any authorized Village code enforcement official or a police officer may suspend any permit where public health or safety risks are found or where exigent circumstances warrant such action.
If any section or provision of this chapter shall be adjudged to be invalid by any court of competent jurisdiction, such section or provision shall not affect, impair or invalidate any other part of this chapter or the remainder thereof, but shall be confined in its operation to the section or provision thereof directly involved in the controversy in which such judgment shall be rendered.