[HISTORY: Adopted by the Board of Trustees of the Village
of East Rockaway 8-11-2014 by L.L.
No. 4-2014. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The recording on film, videotape, digital or other medium
of motion pictures, commercials, television, documentaries, shows,
performances, athletic or sports events or other similar events or
activities, excluding still photography. As used herein, "filming"
shall include the use of public or private property for persons, equipment,
vehicles, props, cameras and any other items or materials used in
connection with such filming. The filming of home movies or videos
intended for the exclusive use of the owner and his/her immediate
family and any filming for a governmental/municipal access broadcast
or in connection with a news broadcast are exempt from this chapter
and are not included within the definition of "filming."
The Incorporated Village of East Rockaway.
No person, firm, association or corporation shall commence filming
within the Village unless a permit therefor has been issued by the
Village Clerk.
A.
An application for a filming permit shall be made on forms provided
by the Village Clerk and shall contain at least the following information:
(1)
Name, address and telephone number of the person or entity making
the film.
(2)
Name, address and telephone number of the location coordinator or
other contact person.
(3)
Purpose of the filming.
(4)
Specific location of each property to be used in the filming.
(5)
Dates and times of the day that the property will be used.
(6)
Name and address of the property owner.
(7)
Consent of the owner of the property.
(8)
Types of motor vehicles (e.g., sedans, pickup trucks, vans, etc.)
to be brought into the Village for purposes of the filming; and where
those vehicles are intended to be parked.
(9)
Such other information as may be required by the Village Clerk.
B.
The Board of Trustees may grant, deny or grant the permit with restrictions
and/or conditions.
C.
The Board of Trustees may conditionally approve or deny an application
for a filming permit if the Board determines, in writing, that it
will create a dangerous condition, interfere with the use of the Village
streets or public places, create a nuisance to the Village residents
or violate any provisions of the Village Code.
A.
Every permit shall contain a date of commencement and expiration,
as well as the specific hours during which filming may occur.
B.
At no time shall filming or the use of equipment therefor be conducted
between the hours of 11:00 p.m. and 8:00 a.m.
C.
No filming shall commence prior to 9:00 a.m. on Sundays.
D.
The Village Board of Trustees may place further reasonable limitations
on hours of operation based on the needs of the particular neighborhood
or the existence of conflicting scheduled events.
An applicant for a permit under this chapter shall pay an appropriate
fee as determined by the Board of Trustees, but not to exceed $5,000.
Such fee shall be paid in cash or check three days prior to the issuance
of the permit. This fee, however, may be waived in connection with
filming done for a charitable, educational, public service, or other
similar nonprofit purpose. Proof of such purpose, in a form satisfactory
to the Board of Trustees, must be submitted for a waiver of the permit
fee to be considered.
The applicant shall pay the actual cost for the incidental use
for Village personnel, services or equipment in connection with filming.
No permit shall be issued, until the applicant has filed with
the Village Clerk a certificate or policy of general liability insurance,
including personal injury liability, in an amount not less than $2,000,000
bodily injury and property damage combined single limit per occurrence
and naming the Village as an additional insured, thereby providing
a defense for and indemnify the Village from and against any claim,
loss or damage resulting from the filming for which the permit is
issued.
A.
The Village Clerk 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 detrimental to the health, safety or welfare of the
public; or
(4)
Conduct found to be a nuisance or an interference with the activities
of residents located within the area of the Village for which the
permit has been granted.
B.
A decision of the Village Clerk to suspend or revoke a permit shall
be appealable to the Board of Trustees, whose decision thereon shall
be final. The decision of the Board of Trustees may be reviewed under
the New York Civil Practice Law and Rules by an Article 78 proceeding
brought within 30 days of the filing of the Board of Trustees decision
in the Clerk's office.
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.
A.
Any person, firm or corporation who 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 without
a permit therefor, shall, upon conviction thereof, be punished by
a fine of not more than $3,000 or by imprisonment for not more than
15 days, or by both such fine and imprisonment. Each day that a violation
continues shall be deemed a separate violation.
B.
In addition to the penalties set forth hereinabove, the Village may
enforce any provision of this chapter by injunction or by civil action
to recover a civil penalty in an amount not to exceed $3,000 for each
violation.
