[Adopted 9-25-2017 by L.L. No. 2-2017]
No filming may be conducted on any public or private property
within the Village of Pelham Manor without a permit issued by the
Village Manager.
As used in this article, the following terms shall have the
meanings indicated:
The capturing of any image for any documentary, television
program, similar presentation, or any portion thereof, by means of
any camera or other recording device, and any still photography, intended
to be used for any purpose other than the private enjoyment of the
person conducting the filming or the use of the image in connection
with the marketing for sale of the residence that is the subject of
the filming.
The application for a permit under this article must be received
by the Village Manager at least seven days before the initiation of
the filming and must contain at least the following information:
A.
The name of the applicant;
B.
The address, telephone number and email address of the applicant;
C.
The address of the property where the filming is proposed;
D.
The name, address, telephone number and email address of the owner
of the property, if the owner is not the applicant;
E.
The name, address, telephone number and email address of the person
or entity conducting the filming, if not the applicant;
F.
A schedule setting forth the date or dates, and the times of day,
during which the proposed filming is to take place;
G.
Any dates during the 12 months preceding the dates of the application
on which filming took place at the same location;
H.
A description of the filming, which must include:
(1)
The purpose of the filming;
(2)
If any filming or activity related to filming is to take place outdoors,
where that activity will take place;
(3)
The number of people expected to be at the location during the filming,
including, but not limited to, technical personnel, maintenance personnel
and food service providers; and
(4)
The number of vehicles expected to be brought to or near the location
in connection with the filming and a description of the location where
it is anticipated those vehicles will be parked.
I.
A statement by the applicant affirming, under the penalty of perjury,
that the statements made in the application are correct;
J.
A statement by the applicant affirming, under the penalty of perjury,
that a copy of the application has been delivered to each property
within 200 feet of the location the proposed filming;
K.
A certified or bank check for the permit fees; and.
L.
The signature of the applicant.
If the application is complete and timely, the Village Manager
will issue a permit for the filming unless the proposed filming would:
A.
Give rise to traffic, parking demand, illumination or noise substantially
in excess of that normally found near the location at which the filming
is to take place;
B.
Unduly interfere for an extended period of time with the day-to-day
activities of Village residents; or
C.
Otherwise create a condition inconsistent with the public safety.
The Village Manager may suspend or revoke any permit granted
under this article upon proof that the party to whom the permit is
granted made material misrepresentations on the application for the
permit or has violated the conditions of the permit.
Any person denied a permit under this article, or whose permit
is suspended or revoked, may appeal to the Board of Trustees within
30 days of the denial, suspension or revocation.
Each permit granted under this article will be subject to the
following conditions:
A.
No filming will be conducted at any location for more than any three
calendar days within any twelve-month period;
B.
No filming will be conducted on any Saturday, Sunday or state or
federal holiday;
C.
No lights or generators may be used outdoors at the location of the
filming, and no vehicle which carries such equipment may be at or
near the location of the filming, except between the hours of 8:00
a.m. and 7:00 p.m.;
D.
The filming will not interfere with any fire stations or fire hydrants;
E.
No vehicle associated with the filming may be at or near the location
of the filming except between the hours of 8:00 a.m. and 7:00 p.m.;
F.
The applicant will defend and indemnify the Village and hold the
Village, its trustees, officers, employees, agents and consultants
harmless from and against any liabilities, losses, damages, interests,
judgments, liens, costs and expenses (including without limitation,
reasonable counsel fees and disbursements), claims, demands, suits,
actions, or proceedings which may be made or brought against them
for or in relation to any personal injury, property damage or other
claimed loss related to the filming;
G.
Prior to conducting any activity in the Village related to the filming,
the applicant will obtain, and will continuously maintain thereafter,
at its own cost and expense, for so long as the permit is in effect,
insurance to protect the applicant and the Village from any claim,
loss, damage, cost, expense or liability for any damage to property
or for the injury, illness or death of any person which may arise
directly or indirectly or result from the issuance of the permit or
the conduct of filming activity under the permit, in accordance with
the following provisions:
(1)
The insurance required to be maintained by the applicant must include:
(a)
Workers' compensation insurance, including disability benefits
and any other legally required employee benefits, in statutory amounts;
(b)
Commercial general liability insurance, with an endorsement
for public liability insurance, with a combined single limit of $1,000,000
per occurrence; and
(c)
Motor vehicle liability insurance, including coverage for owned
automobiles, hired automobiles and non-owned automobiles, in the amounts
of $1,000,000 per person and $3,000,000 per occurrence for bodily
injury or death and $1,000,000 for property damage.
(2)
Each policy must provide that:
(a)
The general liability will be endorsed to include coverage for
the applicant's obligation to indemnify the Village;
(b)
The insurer will have no right to recovery or subrogation against
the Village (including its employees and other agents and agencies),
so that the insurance policies will protect both parties and be primary
coverage for any and all losses covered by the insurance;
(c)
The "other insurance provisions" clause will not apply to the
Village; and
(d)
the insurer will have no recourse against the Village (including
its agents and agencies) for the payment of any premiums or for assessments
under any form of policy.
H.
The applicant must remove all litter, refuse and debris in any way
connected with the filming from any location within the Village of
Pelham Manor within 24 hours after the conclusion of the filming;
I.
The applicant will post security with the Village Treasurer, in the
form of either a bond, letter of credit or cash, in the amount of
$2,500 for each day during which filming is to conducted, which may
be retained by the Village to defray any cost incurred by the Village
as a result of the failure to comply with the terms of this article.
Any person or entity which violates any provision of this article
or fails to comply with any condition of a permit issued under this
article will be subject to a fine of up to $5,000 or imprisonment
for a term not exceeding 15 days, or to both a fine and imprisonment.
