Village of Orchard Park, NY Chapter 163 Filming and Photography

[HISTORY: Adopted by the Board of Trustees of the Village of Orchard Park 7-8-2019 by L.L. No. 6-2019. Amendments noted where applicable.]

§ 163-1 Findings; purpose.

A. The Village Board finds that significant filming, videotaping, photography and recording for commercial purposes is being done on private and public property within the Village of Orchard Park.

B. Due to the potential inconvenience and disruption of traffic placed on the public streets and in private neighborhoods resulting from these productions, the Village Board believes the residents will be best served by the adoption of a local law providing a means of regulating, by permit, the undertaking of any filming, videotaping or recording, in a commercial manner, on private or public property.

C. By reason of the foregoing, the Village Board does hereby ordain and enact this chapter to accomplish the aforesaid purposes.

§ 163-2 Permit required.

A. A film permit ("Permit" or "permit") is required for any movie, television program, commercial, online media, still photo shoot, or any portion thereof, that shall be filmed, videotaped, photographed, recorded or otherwise made for commercial purposes where a fee is to be paid or anything of value changes hands for such use of any private or public property within the Village of Orchard Park.

B. The permit requirements in this chapter shall not apply to filming or photography by casual photographers, tourists or residents for personal use, or by credentialed members of the news media, or in conjunction with permanent businesses or home occupation.

§ 163-3 Permit types.

There are three types of permits recognized by the Village of Orchard Park. Type is determined by the size and scope of the production as noted on the application and its impact on the Village and its residents, at the discretion of the Village Clerk.

A. Type I permit (basic).

(1) Type I permits may be issued by the Village Clerk if filming or photography meets all of the following conditions:

(a) Filming or photography is limited to an indoor location or outdoor location contained to private property;

(b) The size of the entire cast and crew is limited to 20 individual members or fewer;

(c) Filming or photography is limited to daytime hours;

(d) Filming or photography is limited to five or fewer continuous days at the location; and

(e) Filming or photography involves no potential noise, traffic or light impacts, including, but not limited to, the use of any pyrotechnic device or high-powered artificial lighting other than camera-mounted or handheld equipment.

B. Type II permit.

(1) Type II permits may be issued by the Village Clerk if there are any special conditions that could potentially cause additional inconvenience or disruption to neighboring properties or traffic.

(a) Special conditions include, but are not limited to:

[1] Filming or photography will occur on public property.

[2] Filming or photography may impede normal vehicular or pedestrian traffic or disturb neighboring property owners.

[3] The size of the entire cast and crew is greater than 20 individual members.

[4] Filming or photography is outside normal daytime hours.

[5] Filming or photography exceeds five continuous days at the location.

[6] Filming or photography involves potential noise or light impacts, including, but not limited to, the use of any pyrotechnic device, high-powered artificial lighting, or generators.

[7] Production requires oversized vehicles, such as motor homes, trailers, and/or box trucks or excessive numbers of vehicles that cannot be contained to private property.

[8] Production requires the use of special effects on the property, such as artificial rain, snow, fire, sound effects or others.

[9] Production requires the use of any off-site or public areas for staging areas, crowd control, parking, sanitary facilities, cleanup or any other use related to the production but not on the permitted property itself.

[10] Production involves drone photography, which must be compliant with FAA regulations and requirements.

C. Type III permits. Applications under Type III permits are those which entail special conditions set forth in § 163-3B above, and the Village Clerk also determines that such filming or photography may cause a significant impact on neighboring properties and/or vehicle or pedestrian traffic within the Village of Orchard Park. The Village Clerk may issue a Type III permit with the imposition of mitigation measures.

D. In the event the applicant disagrees with the Village Clerk's designation of the type of permit, the applicant may appeal the Village Clerk's determination to the Village Board, and the Village Board, in its discretion, may either affirm the Village Clerk's designation or modify such designation.

E. In the event that the Village Clerk denies an application for any type of permit, the applicant may appeal the Village Clerk's determination to the Village Board, and the Village Board, in its discretion, may affirm the Village Clerk's denial, grant the permit, or grant the permit with revised conditions and/or restrictions.

§ 163-4 Permit applications; conditions.

All film permit applications shall be submitted to the Village Clerk in person, by electronic mail or by United States Mail.

A. All permit applications be submitted on the Village application for permit for filming and photography form and must contain at least the following:

(1) The name of the applicant.

(2) The location of the property where filming, videotaping, etc., is to take place.

(3) The name and authorization of the owner of property, if the applicant is not the owner.

(4) The name of the person or entity the applicant wishes to allow to film, videotape, photograph, etc., and the name, local address and telephone number of the on-site contact person who will be available 24 hours a day during the production and who shall have control of and responsibility for the direction of all participants in the permitted activity and for the property for which the activity is permitted.

(5) A use plan giving a brief description of the purpose of the production as well as showing the days and hours of proposed production, size of the cast and crew, vehicle types and numbers, parking plans, etc.

(6) A listing of any special conditions applicable to the production and any mitigating measures proposed.

(7) A signed hold-harmless and indemnification agreement together with a certificate of insurance naming the Village of Orchard Park as an additional insured and relieving the Village from any potential liability by virtue of the applicant's activities.

(8) The fee commensurate with the permit type as determined by the Village Clerk upon review of the application in its entirety.

B. The Village Clerk, in reviewing a permit application, may seek the advice of other departments, including but not limited to the Police Department, Assessor's Office, Fire Department, Public Works, Building Department, etc., and in reviewing any applications and for Type II and Type III permits may require coordination by the applicant with other departments, including but not limited to the Police Department, Assessor's Office, Fire Department, Public Works, Building Department, etc. The extent of the coordination will be determined at the discretion of the Village Clerk.

C. For Type II and Type III permits, the applicant shall be required to notify and provide all property owners located adjacent to (or directly across from) the property being utilized for filming and/or photography with a copy of its use plan and any supporting documents in the form and manner prescribed by the Village Clerk, and the applicant shall provide proof of such notice to the Village Clerk before beginning any preparation for filming.

D. The Village Clerk may attach additional conditions and safeguards to any permit to ensure the orderly conduct of the activity and the minimization of impacts of such use and shall specify the duration and hours of operation of such activity.

E. The Village Clerk, for Type II and Type III permits, may further require as a condition of any permit that the applicant utilize the services of a Town of Orchard Park police officer at the rate on file with the Town of Orchard Park, for each four-hour period or part thereof.

F. The applicant shall pay the actual cost, if any, for any Village of Orchard Park personnel, services or equipment required in connection with permitted filming activities.

G. The Village Clerk, for Type II and Type III permits, may require the applicant to post reasonable bond or cash security to assure adherence to any permit conditions.

§ 163-5 Fees.

Each applicant shall pay a permit fee to the Village for filming, videotaping, photography or recording on private or public property, as set forth in the fee schedule adopted by the Village Board.[1]

[1] Editor's Note: See Ch. A232, Fees.

§ 163-6 Suspension or revocation of permit.

A. In the event the Building Inspector or any other Village personnel has cause to believe that the applicant has not complied with the requirements or conditions of a permit as set forth herein, the Building Inspector or other Village personnel shall notify the Village Clerk to determine whether a permit should be revoked or suspended pursuant to Subsection B below.

B. The Building Inspector, or his or her appointed authority, may revoke or suspend a permit, whether or not any requirement or conditions of the permit have been violated, if the Building Inspector, or his or her appointed authority, in conjunction with the Village Clerk, determines that:

(1) The filming violates any law or ordinance;

(2) The filming has or will interfere with the use and enjoyment of adjoining properties;

(3) The filming has or will impede the free flow of vehicular or pedestrian traffic; or otherwise not be in the best interests of the public health, safety or welfare; or

(4) The applicant has not established that it has provided adequate measures for parking, sanitary facilities or services, crowd control or cleanup.

C. Any filming or other activity permitted by a permit shall cease immediately upon receipt of notification from the Building Inspector, Village Clerk or Town of Orchard Park Police Department. Notice of the grounds for revocation or suspension of the permit shall thereafter be provided in writing to the applicant as soon as possible.

D. In the event that the Building Inspector, or his or her appointed authority, revokes or suspends a permit, the applicant may appeal this determination to the Village Board. After review of said appeal, the Village Board may affirm the action of the Building Inspector, or his or her appointed authority, or reverse or modify the action of the Building Inspector, or his or her appointed authority, based upon a finding that such determination was arbitrary, capricious or not supported by substantial evidence.

§ 163-7 Enforcement.

This chapter shall be enforced by the Building Inspector, or his or her appointed authority, and the Town of Orchard Park Police Department.

§ 163-8 Penalties for offenses.

A. Any person, persons, corporation, company, group or other entity of any kind who or which fails to obtain the permit required herein or otherwise violates any provision of this chapter shall be guilty of an offense and which shall be punishable by a fine of not more than $1,000 per offense, or by imprisonment not exceeding 15 days, or by both such fine and imprisonment.

B. The imposition of such fine shall not be the Village's exclusive remedy in the event of a violation of this chapter. The Village may pursue any and all other legal remedies available to it in connection with any violation of this chapter.

§ 163-9 Previous violations.

Notwithstanding any of the foregoing, an applicant who has been previously convicted of or plead guilty to a violation of this chapter shall not be granted a permit hereunder for a period of 18 months from the date of such conviction.