[HISTORY: Adopted by the Board of Trustees of the Village
of Fishkill as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-3-2019 by L.L.
No. 4-2019]
The Board of Trustees hereby finds that it would serve the public
interest, and protect the public health, safety and general welfare,
to require a permit for use of property in the Village for commercial
filming, and to establish the standards that will govern application
for such permits.
As used in this chapter, the following terms shall have the
meanings indicated:
The recording, on film, tape, or other medium, of motion
pictures, commercials, documentaries, shows, performances, athletic
or sport events or other similar events or activities, including still
photography, with the intention that the end product be distributed
commercially or shown or exhibited at any place or locale where an
admission fee is charged. The term "filming" shall not include recording
of news, political events and local sports or school events by any
person for the purposes of providing news or information about such
activities or events, nor activities contained wholly within any building
in the Village and which involve no physical activity or presence
outside such building. The term "filming" also shall not include any
recording or other activity conducted by the Village when authorized
by the Board of Trustees.
No person, firm, association or corporation shall commence,
conduct, permit, or cause filming at any property, whether public
or private, in the Village of Fishkill unless a permit therefor has
been issued by the Village Zoning Enforcement Officer, and unless
such filming is in compliance with the terms and conditions of such
permit and this chapter. As used herein, filming shall include the
use of public property for persons, equipment, vehicles, props, cameras
and any other items or materials used in connection with such filming.
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 owning
the rights to the film.
(2)
Name, address, telephone number, and written consent of the owner
of the property where the proposed filming is to be conducted, and
the name, address, and telephone number of the location coordinator
or other contact person.
(3)
Purpose of the filming.
(4)
Specific location of the property to be used.
(5)
Dates and times of day that the property will be used.
(6)
A description of all vehicles and bulky equipment to be used in connection
with the filming, together with the vehicle registration identification
of all such vehicles.
(7)
Such other information as may be required by the Zoning Enforcement
Officer or Board of Trustees.
B.
Any change in the planned filming activities for which a permit has
been requested or obtained shall be submitted in advance of the proposed
changes and shall be approved or denied in the same manner as the
original application.
C.
Application for a filming permit must be submitted at least 10 business
days prior to the first date of filming, unless the Zoning Enforcement
Officer waives this condition for good cause.
A.
The Zoning Enforcement Officer may deny an application for a filming
permit if it does not comply with the purpose and intent of this chapter
or if the public interest will be served by such denial. The Zoning
Enforcement Officer may also deny any application for a permit in
connection with filming which, in the Zoning Enforcement Officer's
judgment, would conflict with other scheduled events in the area of
the filming location, would be detrimental to the neighborhood or
community because of anticipated excessive noise, illumination or
other effect caused by the proposed filming, including but not limited
to the use of explosives, or would unduly interfere for an extended
period of time with the day-to-day activities of citizens, residents,
property owners or merchants. The applicant may appeal such denial
to the Board of Trustees, whose decision thereon will be final.
B.
Every permit shall contain a date of commencement and an expiration
date and shall contain the specific hours during which filming shall
occur. No filming shall take place except in accordance with the terms
and conditions of the permit.
C.
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., except that the Zoning
Enforcement Officer may permit filming during such hours, upon good
cause shown and upon a finding that such filming will not have a substantial
adverse effect upon any person or neighborhood.
D.
On Sundays, no filming in any area of the Village may commence before
10:00 a.m.
E.
No filming activity shall interfere with the privacy or intrude upon
the property of any resident or property owner unless a written consent
is obtained from said resident or property owner.
F.
There shall be no rerouting of traffic in connection with the filming
activity except as specifically authorized by the Zoning Enforcement
Officer, in consultation with the Village Police Commissioner.
G.
The filming shall be conducted so as not to interfere with access
to fire stations and fire hydrants. Equipment, materials or obstructions
shall not be placed within 15 feet of fire hydrants. Passageways leading
to fire escapes or fire-fighting equipment shall be kept free of equipment,
materials or obstructions. Parking spaces for the handicapped shall
be kept free of equipment, materials or obstructions.
H.
The Zoning Enforcement Officer may place further reasonable conditions
and/or limitations on the activity, including hours of operation,
based on the needs of the particular neighborhood or the existence
of conflicting scheduled events, or to protect the public health,
safety and general welfare.
A.
The fee for a filming permit shall be established, and may be amended,
by the Board of Trustees by resolution. The fee shall be paid in cash
or certified check prior to the issuance of the permit.
B.
In addition, the applicant shall pay the actual cost for the use
of any Village personnel, services or equipment in connection with
the filming. The applicant shall, prior to the issuance of a permit,
pay such costs on an estimated basis and shall also post adequate
security to ensure the payment of any such costs which cannot be reliably
estimated.
A.
Upon the Zoning Enforcement Officer's own initiative or upon
notice from any person, the Zoning Enforcement Officer may suspend
or revoke a filming permit 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 Dutchess, the Village of Fishkill
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
residents of the Village of Fishkill or that is detrimental to public
or private property within the Village.
B.
A decision of the Zoning Enforcement Officer to suspend or revoke
a permit shall be appealable to the Board of Trustees, whose decision
thereon shall be final.
C.
In the event that a permit is suspended or revoked, the fee paid
therefor shall be forfeited and shall not be refunded to the applicant.
D.
Revocation of a filming permit shall bar the offender from applying
for a new permit within one year from the date of the revocation,
and shall bar any further application for a filming permit at the
same premises for a period of one year from the date of revocation.
No permit shall be issued until the applicant has deposited
with the Village Clerk a policy of commercial general liability (CGL)
with limits of insurance of not less than $1,000,000 each occurrence
and $2,000,000 annual aggregate. CGL coverage shall be written on
ISO Occurrence form CG 00 01 10 93 or a substitute form providing
equivalent coverage and shall cover liability arising from premises,
operations, independent contractors, products-completed operations,
and personal and advertising injury. If the CGL coverage contains
a general aggregate limit, such general aggregate shall apply separately
to each project. The Village of Fishkill, its officers, agents and
employees, shall be included as additional insured on the CGL policy
using ISO Additional Insured endorsement CG 20 10 11 85, or CG 20
10 10 93 and CG 20 37 10 01, or CG 20 33 10 01 and CG 20 37 10 01,
or an endorsement providing equivalent coverage to the additional
insured. This insurance for the additional insured shall be as broad
as the coverage provided for the named insured. This insurance for
the additional insured shall apply as primary and noncontributing
insurance before any insurance or self-insurance, including any deductible,
maintained by, or provided to, the additional insured. Permit applicant
shall maintain CGL coverage for itself and all additional insured
for the duration of the project and maintain completed operations
coverage for itself and each additional insured for at least three
years after completion of the work.
A.
Business automobile liability (AL) with limits of insurance of not
less than $1,000,000 each accident. AL coverage must include coverage
for liability arising out of all owned, leased, hired and nonowned
automobiles. The Village of Fishkill, its officers, agents and employees
shall be included as additional insured on this AL policy. The AL
coverage for the additional insured shall apply as primary and non-contributing
insurance before any insurance maintained by the additional insured.
B.
Workers compensation (WC) and employers liability (EL) with limits
of insurance of not less than $100,000 each accident for bodily injury
by accident and $100,000 each employee for injury by disease.
C.
Commercial umbrella liability (UL) with limits of insurance of not
less than $2,000,000. UL coverage must include as additional insureds
all entities that are additional insured on the CGL and AL.
D.
Waiver of subrogation: Permit applicant/holder waives all rights
against the Village of Fishkill, its officers, agents and employees
for recovery of damages to the extent these damages are covered by
CGL, AL, WC and EL or UL insurance maintained per the requirements
stated above.
E.
Certificate of insurance: A certificate of insurance shall be filed
with the Village Clerk at the time of applying for the permit. A copy
of the general liability additional insured endorsement shall be attached
to the certificate of insurance.
F.
Notice of cancellation or coverage modification: No insurance policy
required above will be cancelled, allowed to expire or reduced in
coverage without at least 30 days prior written notice to the contractor.
G.
In addition, the applicant shall deposit with the Village Clerk a
cash bond or letter of credit in an amount to be determined by the
Zoning Enforcement Officer to guarantee the reconstruction or restoration
of any public or private property damaged as a result of the filming.
Such bond or letter of credit shall be in a form acceptable to and
approved by the Village Attorney.
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, shall, upon conviction, be guilty of a violation, and shall
be punished as provided for violations of the Zoning Code.
B.
In addition to the penalties set forth above, the Village may enforce
any provision of this chapter by injunction or by civil action to
recover a civil penalty in an amount not greater than $2,500 for each
day on which a violation occurs.
