[HISTORY: Adopted by the Board of Trustees of the Village of Upper Brookville 11-20-2017 by L.L. No. 7-2017. Amendments noted where applicable.]
A. 
The Village has received requests to use public and private areas of the Village for purposes of commercial filming. Commercial filming has major impact on our Village, its residents and the Village infrastructure, in particular our public and private roadways.
B. 
Accordingly, the Board of Trustees finds that it is in the public interest to regulate commercial filming by requiring a permit and establishing standards to minimize the impact of such activity on the Village community and Village infrastructure including, in particular, its roads.
C. 
The Board of Trustees further finds a significant impact on the Village due to ancillary activities of commercial filming that occurs within the Village to support filming outside of the Village. Public and private areas in the Village are used for vehicle parking, food service, base camp, all in connection with commercial filming that occurs outside the borders of the Village. These activities have a major impact on the Village infrastructure including public and private roadways which are not currently regulated or addressed due to the commercial filming taking place outside the Village. Therefore, the Board of Trustees finds that regulations of' accessory filming use for commercial filming outside the Village is also in the public interest, and to regulate this use within the Village regardless of the commercial filming location.
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.
A. 
No person shall use any public or private property, public or private right-of-way, facility or residence for the purpose of engaging in, participating in or supporting commercial filming activities anywhere in the Village without having first obtained a commercial filming permit from the Village, in accordance with the procedures established in this chapter.
B. 
No person, firm, association, corporation, or enterprise shall use any public or private property for accessory filming use without obtaining an accessory filming use permit in accordance with the procedures established in this chapter. An accessory filming use permit is not required if a commercial filming permit has been issued for the commercial filming activity.
A. 
An application for a commercial filming permit shall be made on forms provided by the Village Clerk and include the approval of the Old Brookville Police Department as to parking and traffic flow matters, and if private property is involved, the written consent of the owner. 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.
B. 
For property located on a private road, the applicant shall also provide written approval allowing access over the private road to the filming site from either the road association, homeowners' association or road owner. This authorization must be filed along with the permit application prior to any permit being issued by the Village.
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.
A. 
Commercial filming permit fees shall be $2,500 per day, including days used for setup and takedown. The application and fee for a filming permit must be submitted to the Village three business days prior to the commencement of any film-related activities.
B. 
Accessory filming use permit fees shall be $1,000 for each day the property is used, including days used for setup and takedown. The application and fee for a filming permit must be submitted to the Village three business days prior to the commencement of any film-related activities. An accessory filming use permit is not required if a commercial filming permit has been issued.
C. 
Commercial filming permit fees for all properties greater than 20 acres shall be set by the Board of Trustees up to $10,000 per day, including days used for setup and takedown. An accessory filming Use permit is not required if a commercial filming permit has been issued.
D. 
Permit fees are doubled for failure to obtain permit prior to commencement of commercial filming activity or accessory filming use.
E. 
All fees shall be paid by bank check or certified funds. The Board of Trustees may by resolution increase or modify the permit fees from time to time.
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.
A. 
No permit shall be issued unless the applicant shall have first filed with the Village Clerk a current and valid certificate of insurance in a form and in an amount acceptable to the Village Attorney, evidencing comprehensive liability and property damage insurance coverage; but in no event shall such insurance be less than $2,000,000 per occurrence. The Incorporated Village of Upper Brookville, its officers, agents, and employees shall be a named insured and certificate holder of all such policies, thereby providing defense and indemnity from and against any claim, loss, expense (including reasonable attorney fees) or damage resulting from any activity for which the permit was issued. Such indemnity shall not be limited by enumeration of any insurance coverage herein provided.
B. 
When occurring on Village properties, the applicant and/or permit holder shall deposit with the Village Clerk a cash bond or letter of credit, in a form acceptable to the Village Attorney, in an amount to be determined by the Village, to guarantee the reconstruction or restoration of any public property damaged as a result of any activity undertaken pursuant to the permit.
A. 
The Board may suspend or revoke a filming permit issued for any of the following reasons:
(1) 
Violation of any law, rule or regulation of the United States, the State of New York, the County of Nassau, the Village or any department or agency thereof.
(2) 
Violation of any condition of the permit.
(3) 
Conduct that is materially detrimental to the health, safety or welfare of the public.
B. 
A decision of the Board to suspend or revoke a permit shall be final.
C. 
In the event that a permit is suspended or revoked, the fees paid therefor shall be forfeited and shall not be refunded to the applicant.
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.