[HISTORY: Adopted by the Board of Trustees of the Village
of Wesley Hills 3-7-2017 by L.L.
No. 1-2017. Amendments noted where applicable.]
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 theatres 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 Wesley Hills 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 Wesley Hills, 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 Wesley Hills.
A.
No person shall film or permit filming within the Village of Wesley
Hills 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 in this subsection 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.
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 Wesley Hills
unless applied for as follows:
B.
No filming permits shall be issued by the Village of Wesley Hills
for filming on public lands unless the applicant submits the Village
with satisfactory proof of the following:
(1)
Proof of insurance coverage, naming the Village of Wesley Hills 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 Wesley Hills harmless from any and
all liability, expense, claim or damages resulting from the use of
public lands.
(3)
The posting of a $5,000 cash security deposit, or $5,000 maintenance
bond running in favor of the Village of Wesley Hills 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 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 is required for the filming of a major motion
picture as defined in this chapter. The permit holder shall comply
with all lawful directives of the Town of Ramapo police officer 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. The Village reserves the right to require the applicant to
hire an on-site police officer of the Town of Ramapo Police Department
in other filming applications, if, in the discretion of the Village,
the proposed production may impede the proper flow of pedestrian or
vehicular traffic.
(5)
All electrical work shall be under the supervision of a New-York-State-licensed
electrician.
(6)
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 for two or more days, or $150 for one day. Where an applicant requests a waiver of the notice provisions of § 106-3A, 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.
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 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 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.
Filming shall be permitted only Monday through Friday between the
hours of 7:00 a.m. to 10:00 p.m. In this connection, the setup of
equipment and vehicles and the breakdown of such equipment and vehicles
at the end of the filming shall be accomplished within the permitted
time period. Equipment and vehicles are permitted to arrive in the
Village prior to 7:00 a.m., but in no event shall equipment be set
up earlier than 7:00 a.m. on the day filming is permitted. All vehicles
and equipment shall be parked on only one side of any street.
E.
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.
F.
Any person aggrieved by a decision of the Village Clerk may appeal
to the Board of Trustees within 30 days.
G.
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 herein 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 and the Village of Wesley
Hills Parking Enforcement Aides. This chapter may also be enforced
by direct action of the Board of Trustees. 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.
