As used herein, the following terms shall have the meanings
indicated:
ACCESSORY FILMING USE
The use of public or private property within the Village
for base camp, food service, vehicular parking, storage of equipment,
props, cameras, personnel, administration and other types of service
vehicles, vans, and mobile equipment in connection with commercial
filming activities, whether filming takes place either within or outside
the Village, and for which Village public and private roads are being
used to reach the filming site or other film-related destination.
BOARD
The Board of Trustees of the Incorporated Village of Upper
Brookville or the Board's designated representative.
COMMERCIAL FILMING
The paid recording of still or moving images or sounds by
a person, business, or other entity for a market audience with the
intent of generating income, including all activities attendant and
related to staging or recording. This includes on-site preparation
for all activity associated with the filming, as well as on-site preparation,
setup, restoration and cleanup. Commercial filming shall not include
bona fide news organizations, activities, or personal family recordings.
An application for an accessory filming use permit shall be
made on forms provided by the Village Clerk. Such other information
as may be required by the Board of Trustees or the Village Clerk depending
on the nature and duration of the activity to be conducted. Parties
having received a commercial filming permit are not required to obtain
a filming use permit.
Any change in the planned activities for which a permit has
been requested or obtained shall be submitted by the applicant in
advance of the proposed changes, and shall be approved or denied in
the same manner as the original application.
The Board in its sole discretion may deny any application for
a commercial filming permit that does not comply with the purpose
and intent of this chapter, or if the public interest or safety would
not be served.
A. The Board may impose restrictions and/or conditions, as the Board
in its sole discretion deems reasonable and appropriate, to protect
the Village, its residents and surrounding properties.
B. The permit shall contain a date of commencement and an expiration
date and shall specify the specific permitted hours for the activity.
C. The Village may limit the time of commercial filming activity or
accessory filming use and may prohibit activities on Sundays or legal
holidays, unless otherwise authorized in advance in writing by the
Mayor or the Board.
D. For properties with fewer than 20 acres, no more than two applications
for a commercial filming permit may be granted for one residential
property per calendar year, unless approved by the Board.
E. For filming that would impair traffic flow, an applicant must use
Old Brookville Police Department (OBPD) law enforcement personnel
and comply with all traffic control requirements deemed necessary.
There shall be no rerouting of traffic in connection with any filming
activity except as specifically authorized and approved in advance
by the OBPD Chief of Police.
F. The filming activity shall be conducted so as not to interfere with
access to fire hydrants and for emergency vehicles.
G. Any filming activity that requires the use of flammable materials,
explosive devices or open flames is considered a special effect. Fire
safety officers or advisors assigned from a local jurisdiction may
be required.
H. The permittee shall conduct operations in an orderly fashion with
continuous attention to the storage of equipment not in use and the
cleanup of trash, litter, refuse and debris. The area used shall be
cleaned of trash, litter, refuse and debris in any way generated in
connection with such filming upon completion of shooting at the scene
and restored to the original condition before leaving the site.
The Village shall have the privilege of inspecting the premises
covered by this permit at any or all times.
A. Notice requirements.
(1) For property located on public or private roads, the applicant shall
notify, in writing, all abutting property owners of the proposed filming
site(s) at least three days before the earlier of the first setup
date or the day filming begins. Abutting land shall include land across
the street from the property.
(2) For property located on a private road, the applicant shall secure
written approval allowing access over the private road to the filming
site from either the road association and/or homeowners' association.
This authorization must be filed along with the permit application
prior to any permit being issued by the Village. After the permit
is issued, the applicant shall notify, in writing, all property owners
on the road of the filming at least three days before the earlier
of the first setup date or the day filming begins.
(3) For filming on a roadway, the applicant shall notify, in writing,
all property owners whose land abuts that portion of the roadway where
the filming is being done at least three days before the earlier of
the first setup date or the day filming begins.
In addition to any permit fees described under §
80-8, the applicant shall pay the actual cost for the incidental use of any Village personnel, services or equipment in connection with administering a commercial filming or accessory filming use permit.
Any person, firm or corporation who or which shall violate or fail, neglect or refuse to comply with any provision of this chapter or any rule or determination made thereunder, or who shall undertake filming or establishing or using an accessory filming base camp within the Village without a permit therefor, shall be deemed a violation and subject to the penalties in Chapter
1, Article
II, §§
1-15 and
1-16 of the Code.
Permittee waives all claims against the Village, its officers,
agents and employees, for loss or damage caused by, arising out of
or in any way connected with the exercise of this permit. Permittee
also agrees to save harmless, indemnify and defend the Village, its
officers, agents and employees caused by, arising out of or in any
way connected with exercise by permittee of the rights hereby permitted,
except those arising out of the sole gross negligence of the Village.
Permit must be kept on site at all times.