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