[HISTORY: Adopted by the Board of Trustees of the Village
of Liverpool 4-11-2019 by L.L. No. 1-2019. Amendments noted where applicable.]
A.
The purpose of the filming permit is to facilitate filming within
the Village and to ensure that such activity is consistent with the
public health, safety, general welfare and the protection of property.
The Village of Liverpool Code Official shall issue permits in accordance
with this section for activities connected to filming, including but
not limited to commercials, public service announcements, documentaries,
training films, television films or series, student films, independent
films and feature films.
A.
EQUIPMENT
FILMING ACTIVITY
HANDHELD DEVICES
PREPERMIT RESERVE
RIGGING/DE-RIGGING
SHOOTING
UNMANNED AIRCRAFT SYSTEM
Various terms or words of this chapter shall be interpreted or defined
as follows:
Includes, but is not limited to, television, photographic,
film or video cameras, transmitting television equipment, unmanned
aircraft systems, props, sets, lights, generators, electric and grip
equipment, dolly tracks, screens, or microphone devices, and any and
all production related materials. "Equipment" shall not include hand-held
devices, as defined herein, and vehicles, as defined in § 159
of the New York Vehicle and Traffic Law, that are used solely to transport
a person or persons while engaged in the activity of filming or photography
from within such vehicle, operated in compliance with relevant traffic
laws and rules.
The shooting of motion pictures or still photography, the
use and operation of equipment as herein defined, and any preparatory
activity associated therewith including rigging and de-rigging.
Film, still or television cameras, video cameras or other
equipment which are held in the photographer's or filmmaker's
hand and carried at all times with the photographer or filmmaker (or
associated individual) during the course of filming, or tripods used
to support film, still, television cameras or video cameras. Handheld
devices shall not include cables or any other item or equipment not
carried by the photographer or filmmaker (or associated individual)
at all times during the course of photography, filming or transmission.
The reservation of a filming location by the Code Official,
at the request of a permit applicant, of a location(s) and hour(s)
where the applicant intends to conduct filming activities.
The loading in or loading out, loading or unloading, of any
shooting or production related equipment, including but not limited
to props, sets, electric and grip equipment, at any location, time
and date where film or theatrical production is not occurring.
Includes filming or photographing interiors or exteriors.
A remote-controlled pilotless aircraft.
A.
Activities requiring a filming permit.
(1)
A filming permit is required when filming activity involves:
(a)
Use of public property: Village parks, streets, buildings, and
other village facilities;
(b)
Closing any portion of a street or temporarily stopping one
lane of traffic or impeding vehicular traffic in any way;
(c)
On-street parking of commercial vehicles or trailers;
(d)
Placement of equipment on public property or any street;
(e)
Reserved parking on any street or publicly owned parking lot;
(f)
Closing a sidewalk or impeding the flow of pedestrian traffic;
(g)
Utilization of unmanned aircraft systems, prop weapons, prop
vehicles, stunts or actors in police uniform;
(h)
Filming activities in any residential neighborhood or any residential
property;
(i)
Interior shooting that involves over 49 persons, including crew.
(2)
Filming permits are not required for:
(a)
Filming activity at approved film studio or film school locations,
subject to the approval conditions of such film studio or film school;
(b)
Utilizing handheld devices;
(c)
Casual photographers or tourists;
(d)
Credentialed members of the media;
(e)
Using a handheld device and not otherwise asserting exclusive
use of Village property.
B.
Filming permit application contents.
(1)
Applicants shall complete an application, on a form prescribed by
the Village, which shall contain detailed identifying information
about the applicant and the project. In completing such form, applicants
shall provide (at a minimum) the information set forth below.
(a)
A postal address (but not a post office box) and, if available,
an e-mail address, a telephone number and a facsimile number for purposes
of receiving notification from the Code Official.
(b)
Valid photo identification of the applicant or, if the applicant
is not a natural person, a valid photo identification of the natural
person authorized by the applicant to act on its behalf in connection
with the application.
(c)
Identify the date(s), time(s) and production location(s) of
such filming activity;
(d)
Identify any special circumstances including, but not limited
to, information regarding whether the activity involves special parking
requests, traffic control issues, special effects, lighting, the use
of unmanned aircraft systems, prop weapons, prop vehicles, stunts,
actors in police uniform or interior shooting involving over 49 persons;
(e)
Permission from the air traffic control tower at Hancock International
Airport to operate any unmanned aircraft system in accordance with
Code of Federal Regulations Title 14 Part 101.
C.
Insurance.
(1)
The application must include a certificate of liability insurance, in an amount set by resolution of the Board of Trustees, naming the Village of Liverpool as an additional insured. Use of an automobile as part of a filming activity on public property shall also require automobile liability coverage. Both policies of insurance must have a limit of not less than $1,000,000 and shall be issued on a primary, noncontributory basis by an insurance company possessing a rating of "A" or higher. Film school students shall provide a letter from the student's school confirming insurance coverage, and the student's current enrollment, subject to the provisions of § 195-6.
D.
Processing of permits.
(1)
All permit applications will be processed on a "first come, first
served" basis. Upon request by an applicant for a permit, the Code
Official will place a prepermit reserve on the location(s) identified
in the filming permit application. An applicant can request such prepermit
reserve no more than three weeks in advance of the activity, but upon
a need demonstrated in writing by the applicant, the Code Official
may grant a greater period of time. If two or more permit applicants
request the same date and the same location, the filming permit application
request that was received first shall be first eligible for approval.
(2)
The Code Official shall respond to the applicant with one of the responses enumerated in Subsection D(3) of this section in accordance with the following schedule:
(a)
For applications filed 45 days or more prior to the date for
which such permit is sought, the Code Official shall respond no later
than 10 days after the receipt of such applications;
(b)
For applications filed 15 days or less prior to the date for
which such permit is sought, the Code Official shall respond as soon
as is reasonably practicable;
(c)
No application may be filed more than 60 days prior to the date
of the requested event, unless special circumstances are presented
to the Code Official for approval.
(3)
Determination upon review of application. Following receipt of an
application, the Code Official will make one or more of the following
determinations:
(a)
Issuance of the particular permit, upon approval by the Mayor,
Deputy Mayor or Police Chief where public property is involved.
(b)
Written notification that more information is needed before
the Code Official can make a determination as to a particular permit
application.
(c)
Written notification that the particular permit application
has been denied and a statement of the reason or reasons pursuant
to the following:
[1]
Conditions exist that may pose a danger or a threat to participants,
onlookers or the general public;
[2]
The location sought is not suitable because the proposed use
cannot reasonably be accommodated in the proposed location;
[3]
The date and time requested for a particular location is not
available because a prepermit reserve has been issued for such date
and time, or a permit has previously been issued for such date and
time, or the location has been reserved for some other use or reason;
[4]
Use of the location would interfere unreasonably with the operation
of Village functions;
[5]
Use of the location or the proposed activity at the location
would otherwise violate any law, ordinance, statute or regulation;
[6]
The Code Official has concluded, based on specific information,
that the applicant is unlikely to comply with the material terms of
the requested permit.
E.
Action upon denial of a permit.
(1)
If the permit has been denied pursuant to Subsections D(3)(c)[1] through [4] (with respect to location) of this subsection, the Code Official shall employ reasonable efforts to offer the applicant suitable alternative locations and/or times and/or dates for the proposed filming activity. If the permit has been denied pursuant to Subsection D(3)(c)[5] or [6], the Code Official may consider whether special conditions may be placed or whether additional steps can be taken to address its concern about potential noncompliance.
(2)
The denial of a permit shall be in writing and shall contain information about the right to appeal such denial. The Code Official shall respond in accordance with the requirements of Subsection D(2) of this section, such time to respond commencing on the date of receipt by the Code Official of the notification.
(3)
After a permit application is denied, the applicant may appeal a
written determination by written request filed with the Village Board
of Trustees who may reverse, affirm, or modify the original determination
and provide a written explanation of the finding.
(4)
If a permit application is denied more than 30 days prior to the
proposed filming activity, the applicant shall have 10 days from the
date that such denial is e-mailed or faxed to the applicant to appeal
such denial. The Village Board of Trustees shall render a decision
on such appeal within 10 days of receipt of such appeal.
(5)
If a permit application is denied more than 10 days and less than
30 days prior to the proposed filming activity, the applicant shall
have five days from the date such denial is e-mailed or faxed to the
applicant to appeal such denial. The Village Board of Trustees shall
render a decision on such appeal within five days of receipt of such
appeal.
(6)
If a permit application is denied 10 days or less prior to the proposed
filming activity, the applicant shall have one day from the date such
denial is e-mailed or faxed to the applicant to appeal such denial.
The Village Board of Trustees shall render a decision on such appeal
as soon as is reasonably practicable.
F.
Approval of filming permit. If a filming permit is approved the permit
holder shall:
(1)
Notify area property owners in accordance with the following:
(a)
Where the filming activity will not involve the closing of a
street, all property owners within the same block as the filming activity
shall be notified by regular mail at least five days in advance.
(b)
Where the filming activity will involve the closing of a street,
all property owners within the blocks affected by the closure shall
be notified by regular mail at least five days in advance.
(2)
Notify the Code Official of any change in the dates or times of the
filming activity.
(3)
Make restoration deposits if anything in the public way is to be
disturbed. Value is based on actual replacement costs of any disturbed
items. Deposited amounts shall be determined by the Code Official,
which decision shall be final.
(4)
The fact that a film permit is issued shall not replace or render
unnecessary any other permit required by law such as the following
activities: welding, use of pyrotechnic special effects, use of open
flames, use of flammable or combustible liquids or gases; or the presence
of motor vehicles within a building.
A.
Rules: All permittees are subject to the specific terms and conditions
of the permit issued, and all applicable village, state, and federal
laws or rules. Nothing herein is intended to authorize activities
that are illegal under any applicable village, state or federal law
or rule, except that permittees may engage in such conduct as is expressly
authorized by the permit issued to them, subject to such laws or rules.
(1)
Display of permit. All permittees shall have the permit in their
possession on location at the time and site of the filming activity,
as well as any other permits required by the Code Official or any
other governmental agency, and shall make such permit available for
inspection at the request of an employee of the Police Department
or other government agency.
(2)
Permit restrictions. All permittees shall confine their activities
to the locations and times specified on their permit. The Code Official
may establish specific guidelines to address conditions that exist
at certain designated locations and the use of vehicles and equipment
at locations based on, among other considerations, the time of day,
weather conditions, season, location, and day of the week.
(3)
Nontransferability. Permits are not transferable.
(4)
Clean-up. All permittees are responsible for cleaning and restoring
the site after the filming activity. The cost of any Village employee
or contractor time and or expense incurred because of a permittee's
failure to clean and/or restore the site following the filming activity
will be borne by the permittee. A clean-up deposit may be established
by the Code Official prior to the issuance of the permit. Such deposit
shall act as security for the clean-up necessitated by the filming
activity and is refundable upon approval of the Code Official.
(5)
Accidents or injuries. Should there be any injuries, accidents, other
health incidents or damage to private or public property at a permitted
event, the permittee shall notify the Village Police immediately.
(6)
Dolly track or other equipment. No dolly track or other equipment
may be laid across a street or block a fire lane without prior approval
of the Code Official and notification to the Fire Chief and Police
Chief.
(7)
Pyrotechnics. The use of pyrotechnics, fire effects and explosions,
including simulated smoke and smoke effects, shall be conducted only
upon written authorization by the Code Official and notification to
the Fire Chief and Police Chief prior to shooting.
(8)
Animals. The use of wild or exotic animals shall be allowed only
upon authorization of any necessary permits issued by the New York
State Department of Environmental Conservation and the United States
Department of Agriculture or other applicable State or Federal agencies,
and subsequent approval shall be obtained from the Code Official prior
to shooting.
(9)
Potentially dangerous activities. Conduct or activities associated
with filming activity which are determined by the Code Official to
cause a potential danger to persons or property will be referred by
the Code Official for approval by the Police Chief or other governmental
agency having jurisdiction over such activity. Such activities shall
include, but not be limited to, the use of stunts, helicopters, firearms
or simulated firearms.
(10)
Traffic control. Where a public street is closed in connection
with filming activity, a 13.5-foot lane shall be kept open. Such requirement
may be waived by the Code Official upon an appropriate showing of
need or at the discretion of the Fire Chief.
(11)
Trees and plantings. Trimming, damaging, removing or cutting
trees or vegetation on Village property is strictly prohibited without
the prior written approval of the Village of Liverpool DPW and/or
Board of Trustees. Any request shall be made in writing with specific
detail of the proposal.
(12)
Street structures. No street signs, lights, postal boxes, parking
meters or any other permanent street structure may be removed or altered
without the prior approval of the Village Police, DPW or other agency
charged with maintaining such structures. A written plan for remediation
shall be provided at the time of the request.
(13)
Production location access. If determined by the Code Official
to be appropriate, permittees shall submit a mitigation plan for minimizing
the potential inconvenience to residents and/or businesses caused
by filming activity.
(14)
Food services. There shall be no sit-down catered meals permitted
on public streets or sidewalks.
(15)
Code of conduct. The Code Official shall issue a location code
of conduct that addresses the importance of considerate behavior on
the set of all filming activity. A copy of the code of conduct shall
be given to holders of required permits under these rules. The permittee
is responsible for providing a copy of the code of conduct to the
cast and crew of each permitted filming activity. Permittees shall
be required to encourage participants in the permitted event to act
in accordance with such code.
A.
If a permittee seeks to modify its permit, it shall submit a written addendum to its original request, which will be governed by the same timetable as provided in § 195-3D(2).
B.
If the Code Official determines that modifications should be made to the terms or conditions of any permit, or that a permit should be revoked, after notice and opportunity to be heard, the Code Official may do so, based upon reasons set forth in § 195-3D(3)(c).
C.
If the Code Official revokes any permit prior to the date of the filming activity, the permittee may appeal the revocation, subject to the time limitations set forth in § 195-3E.
D.
During the course of rigging or shooting, the Code Official or the
Village Police may suspend any permit where public health or safety
risks are found or where exigent circumstances warrant such action.
Where a suspension lasting longer than six hours occurs, permittees
shall be given notice and an opportunity to be heard within 10 days
after the suspension.
A.
By accepting a permit, a permittee agrees to protect all persons
and property from damage, loss or injury arising from any of the operations
performed by or on behalf of the permittee, and to indemnify and hold
harmless the Village, to the fullest extent permitted by law, from
all claims, losses and expenses, including attorneys' fees that
may result therefrom.
B.
Every holder of a filming permit shall maintain, during the entire
course of its operations, liability insurance with a limit of at least
$1,000,000 per occurrence. Such insurance shall include a policy endorsement
naming the Village of Liverpool as an additional insured with an insurance
company licensed to do business in the State of New York and such
insurance shall be issued on a primary, noncontributory basis. The
applicant shall provide proof of such insurance prior to the issuance
of the permit in the form of an original certificate of insurance
signed in ink to which a copy of the required endorsement is attached.
For currently enrolled film students, proof of insurance through their
school and the student's current attendance shall satisfy this
requirement.
C.
If the Code Official determines, in light of the activity for which a permit is sought, that such activity may increase the potential for injury to individuals and/or damage to property, and that the minimum limit of insurance should be higher than $1,000,000 per occurrence, the Code Official shall determine what higher minimum limit is to be required and inform the applicant of such higher limit. Factors to be considered by the Code Official may include, but shall not be limited to, the number of people involved, the location of the activity and the nature of the activity. The applicant shall thereafter provide proof of such insurance in accordance with Subsection B of this section. If the Code Official determines in writing that a higher minimum limit is to be required, the applicant may appeal such determination by written request filed with the Code Official appeals officer who may reverse, affirm, or modify the determination and provide a written explanation of his or her finding.
D.
The Code Official shall have the authority to waive the insurance required by Subsection B of this section where the applicant is able to demonstrate that such insurance cannot be obtained without imposing an unreasonable hardship on the applicant. Any request for a waiver of the insurance required by Subsection B of this section shall be included by the applicant in the application submitted to the Code Official under § 195-3 of this chapter. The burden of demonstrating unreasonable hardship shall be on the applicant, and may be demonstrated by a showing, for example, that the cost of obtaining insurance for the permitted activity exceeds 25% of the applicant's budget for such activity that is the subject of the application. The Code Official shall take into consideration the applicant's projections of budget as well as the budget projections for comparable productions of similar size and duration in determining whether the cost of obtaining insurance exceeds 25% of the budget, the Code Official may also take into consideration its determination that the permitted activity may increase the potential for injury to individuals and/or damage to property. In the event that the Code Official denies a waiver of the insurance requirement, the applicant may thereafter respond to the denial and appeal such denial pursuant to the provisions of § 195-3 of this chapter.
A.
Production vehicles arriving on location in or near a residential
neighborhood shall enter the area at a time no earlier than stipulated
in the permit, and park one by one, turning off engines as soon as
possible. Cast and crew must observe designated parking areas.
B.
When a production pass identifying the employee is issued, every
member of the crew must wear it while at the location.
C.
The removal, moving or towing of the public's vehicles is prohibited
without the express permission of the Village Police.
D.
Do not park production vehicles in or otherwise block driveways without
the express permission of the Village of Liverpool or driveway owner.
E.
Cast and crew meals must be confined to the area designated in the
location agreement or permit.
F.
Individuals must eat within their designated meal area during scheduled
crew meals. All trash must be disposed of properly. Remember to use
the proper receptacles for disposal of all napkins, plates and coffee
cups you may use in the course of the working day.
G.
Removal, trimming and/or cutting of vegetation or trees is prohibited
unless previously approved in writing by the Village of Liverpool
or property owner.
H.
All signs erected or removed for filming purposes will be removed
or replaced upon completion of the use of that location unless otherwise
stipulated by the location agreement or permit.
I.
All signs posted to direct the company to the location must be removed
upon completion of the filming activity.
J.
The production must keep noise levels as low as possible and must
comply with the Village's noise regulations (and/or those set
forth in the permit) unless special permission has been granted by
the Code Official.
K.
Articles of clothing that do not display common sense and good taste
should not be worn by crew members. Shoes and shirts should be worn
at all times, unless otherwise directed.
L.
Crew members must not display signs, posters or pictures on vehicles
that do not reflect common sense or good taste.
M.
Do not trespass onto other neighbors' or merchants' property.
Remain within the boundaries of the property that has been permitted
for filming.
N.
The cast and crew must not bring guests or pets to the location,
unless expressly authorized in advance by the production.
O.
Make sure all catering, craft services, construction, strike and
personal trash is removed from the location.
P.
Observe designated smoking areas and always extinguish cigarettes
in proper receptacles.
Q.
Cast and crew will refrain from the use of lewd or improper language
within earshot of the general public.
R.
The production company, staff and crew will comply at all times with
the provisions of the filming permit.
S.
This Code of Conduct is reprinted with adaptations from the original
Code of Conduct - The Alliance of Motion Picture and Television Producers,
The International Alliance of Theatrical and Stage Employees, Warner
Brothers and Lorimar Productions.
