[HISTORY: Adopted by the Board of Trustees of the Village
of Montebello 5-17-2017 by L.L.
No. 2-2017. Amendments noted where applicable.]
The Village of Montebello, with its picturesque vistas, historic
homesteads, ponds, hills, florae and fauna, has been the recipient
of filming requests ranging from independent to major studios and
educational video and filmmakers. Thus, it behooves the Village to
make that asset available under regulated conditions.
As used in this chapter, the following terms shall have the
meanings indicated:
The taking of still or motion pictures for commercial or
educational purposes, intended for viewing on television, in video
games, on cable television, on the Internet or in theaters or for
institutional use, including the use of any public lands to facilitate
same. Filming shall include setup and breakdown time. Filming of news
stories within the Village of Montebello shall not be subject to the
provisions of this chapter.
Any film which is financed and/or distributed by a major
motion-picture studio. The term "major motion picture" shall also
include any film for which the budget is at least $500,000; any recurrent
weekly television series programming (such as for HBO, Showtime, Cinemax),
made-for-TV motion picture, any commercial, video game, or made-for-cable
television movie.
An owner of property, or any applicant for a permit under
this chapter.
All other areas within the Village of Montebello, other than
public lands, including areas zoned for residential as well as business
use.
Any and every public building, street, highway, sidewalk
or square, public park or playground, or other public place within
the jurisdiction of the Village of Montebello.
A.
No person shall film or permit filming within the Village of Montebello
without first obtaining permission from the Village Clerk and thereafter
receiving a permit from the Village Clerk, which permit shall set
forth the location of such filming, the date or dates when filming
shall take place and such other information as may be required by
the Village Board. No permit shall be issued in the absence of a fully
completed application form. A permit shall be required for each location.
B.
No permit shall authorize filming for more than three days in any
one location during any ten-day period. Additionally, no filming shall
take place at any one location within 30 days of an initial shoot,
or in excess of six days in any one calendar year, regardless of the
number of permits utilized in reaching this maximum. Either or both
of the limitations set forth herein may be extended only if the filming
requested constitutes a major motion picture as defined in this chapter.
C.
Applications for permits shall be obtained in the office of the Village
Clerk during normal business hours. Applications for such permits
shall be in a form approved by the Board of Trustees and shall be
accompanied by a permit fee as hereinafter set forth, and all fees
hereinafter may be amended by the Village Board by resolution and
shall appear on the Schedule of Fees.
D.
If a permit is issued and, due to inclement weather or other good
cause, filming does not take place on the dates specified, the Village
Clerk may, at the request of the applicant, who shall certify that
filming did not take place on the dates specified, issue a new permit
for filming on other dates subject to full compliance with all other
provisions of this chapter. No additional fee shall be paid for this
permit.
A.
No filming permits shall be issued by the Village of Montebello unless
applied for as follows:
(1)
Applications to film a major motion picture, as defined in this chapter,
shall be submitted no less than 30 days in advance of the proposed
date of the filming.
(2)
Applications for all other types of filming shall be submitted no
less than 14 days in advance of the proposed date of the filming.
B.
No filming permits shall be issued by the Village of Montebello for
filming unless the applicant submits the following to the Village
with satisfactory proof:
(1)
Proof of insurance coverage, naming the Village of Montebello as
an additional insured, for bodily injury to any one person in the
amount of $1,000,000 and any occurrence in the aggregate amount of
$3,000,000. Additionally, property damage coverage in an aggregate
amount of no less than $1,000,000.
(2)
An agreement, in writing, whereby the applicant agrees to defend,
indemnify and hold the Village of Montebello, its officers and staff,
harmless from any and all liability, expense, claim or damages resulting
to person or property directly or indirectly from filming within the
Village of Montebello.
(3)
The posting of a cash security deposit of $5,000 or maintenance bond
of $5,000 running in favor of the Village of Montebello protecting
and insuring that the location utilized will be left after filming
in a satisfactory condition, free of debris, rubbish and equipment,
and that due observance of all Village ordinances, laws, and rules
or regulations will be followed. The Village will return the security
deposit or maintenance bond within 21 days after the completion of
the filming, provided that there has been no damage to public property
or public expense caused by the filming. Monies to repair damage to
public property or reimburse public expense may be deducted from the
security deposit.
(4)
The hiring of a Town of Ramapo police officer at the applicant's
expense by arrangements with said Department for the times indicated
on the permit shall be mandatory in the event that the Town of Ramapo
Police Department, in its discretion, determines that the presence
of a police officer or officers is required, such as for the filming
of a major motion picture as defined in this chapter or for any filming
wherein the presence of a police officer or officers will enhance
public safety. The permit holder shall comply with all lawful directives
of the Town of Ramapo police officers present for the filming, including
but not limited to directives regarding the free passage of pedestrians
and traffic over public lands or to halt filming in the event of a
violation of any provisions of this chapter. Furthermore, the Village
reserves the right to require the applicant to hire an on-site police
officer of the Town of Ramapo Police Department in any filming application
if, in the judgment of the Village, the proposed production may impede
the proper flow of pedestrian or vehicular traffic or create any potential
danger to pedestrians or vehicular traffic.
(5)
All electrical work shall be under the supervision of a New York
State-licensed electrician.
(6)
Proof that written notice has been given to opposite and abutting
landowners, as well as to the New York State Department of Transportation,
Rockland County Highway Department, Town of Ramapo, Villages of Suffern,
Airmont and Wesley Hills, Palisades Park Commission and Rockland County
Division of Environmental Resources, if abutting or within 200 feet
of the subject's roads, highways, streets, or municipal, park
or recreational facility boundaries. If abutting any such boundaries,
thus necessitating the issuance of a permit by the subject entity,
then such must be obtained and the filming permit shall be conditioned,
accordingly. Even where permits are not required, the Village shall
take into consideration addressing any concerns expressed by the notice
recipients where such can be reasonably accommodated without significantly
impacting the purpose of the permit, in the judgment of the Village
or its designee.
(7)
Any permit requirements or fees may be waived by the Mayor for any
student filming project.
The schedule of fees for the issuance of permits authorized
by this chapter is as follows and shall be paid in advance of the
issuance of a permit, in cash or by bank or certified check:
A.
Basic filming permit: $250 (two or more days) or $150 (one day). Where an applicant requests a waiver of the notice provisions of § 83-4B, the basic filming permit fee shall be $500.
B.
The daily filming fee for a major motion picture as defined in this
chapter shall be $250 per hour, with a minimum of four hours.
C.
The filming permit for nonprofit applicants filming for educational
purposes (no daily rate is required) shall be $100.
D.
In addition to any fees or costs mentioned in this chapter, the applicant
shall reimburse the Village for any lost revenue, such as repairs
to public property.
E.
In addition to any fees or costs mentioned in this chapter, an administrative
fee in the amount of $500 shall be paid at the time the permit is
issued.
F.
Fees may be adjusted from time to time by resolution of the Village
Board in its discretion, which shall appear in the Village's
Schedule of Fees.
A.
The holder of a permit shall take all reasonable steps to minimize
interference with the free passage of pedestrians and traffic over
public lands and shall comply with all lawful directives issued by
the Town of Ramapo Police Department or by a Village official with
respect thereto.
B.
The holder of a permit shall conduct filming in such a manner as
to minimize the inconvenience or discomfort to adjoining property
owners attributable to such filming and shall, to the extent practicable,
abate noise and park vehicles associated with such filming off the
public streets. The holder shall avoid any interference with previously
scheduled activities upon public lands and limit to the extent possible
any interference with normal public activity on such public lands.
All permit holders shall have a designated on-site contact person
who shall be available via cell phone to address all inquiries by
Village personnel or police officers for the duration of the filming.
C.
The holder of a permit shall take all reasonable steps to minimize
the creation and spread of debris and rubbish during filming and shall
be responsible for the removal of all equipment, debris and other
rubbish from the filming location upon the completion of the filming
or upon the expiration of the permit, whichever comes first.
D.
The Village Clerk or the Board of Trustees may refuse to issue a
permit whenever it is determined, on the basis of objective evidence
after a review of the application and a report thereon from the Police
Department and by any other applicable Village departments or agencies
involved with the proposed filming site, that filming at the location
and/or the time set forth in the application would violate any law
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 free flow of pedestrian and vehicular
traffic or otherwise endanger the public health and welfare or unreasonably
disturb the peace and tranquility of adjoining property owners.
E.
Any person aggrieved by a decision of the Village Clerk may appeal
to the Board of Trustees within 30 days.
F.
The Board of Trustees may authorize a waiver of any of the requirements
or limitations of this chapter and may authorize filming other than
during the hours and days herein described whenever it determines
that such a permit may be issued without endangering the public health,
safety and welfare and without unreasonably disturbing the peace and
tranquility of the neighborhood where it is proposed to film. A public
hearing shall be held for every application for a waiver. The Village
Board shall fix the time and place and shall give written notification
to abutting and adjacent property owners.
Any person violating this chapter or the rules and regulations
contained therein shall, upon conviction thereof, be punished by a
fine not exceeding $1,000 per day and/or forfeiture of the security
deposit or maintenance bond posted in connection with the issuance
of a filming permit. Where the owner of the premises is not an applicant,
the owner and the applicant shall each be liable for violations of
this chapter. As to private property, this chapter shall be enforced
by the Building Inspector, and as to public property, this chapter
shall be enforced by the Police Department of the Town of Ramapo.
This chapter may also be enforced by direct action of the Board of
Trustees or its designees. The following acts shall constitute prima
facie violations of any filming permit:
The provisions of this chapter shall not apply to the filming
of news stories by media personnel.