[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:
FILMING
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.
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.