[HISTORY: Adopted by the Board of Trustees of the Village
of Lloyd Harbor 1-21-2020 by L.L. No. 1-2020. Amendments noted where
applicable.]
A.
The Village has received requests to use public and private areas
of the Village for purposes of commercial filming. Commercial filming
has major impacts on our Village, its residents and the Village infrastructure,
in particular our public and private roadways.
B.
Accordingly, the Board of Trustees finds that it is in the public
interest to regulate commercial filming by requiring a permit and
establishing regulations to minimize the impact of such activity on
the Village community and Village infrastructure including, in particular,
its roads.
C.
The Board of Trustees further finds a significant impact on the Village
due to ancillary activities of commercial filming that occurs within
the Village to support filming outside of the Village. Public and
private areas in the Village are used for vehicle parking, food service
and base camp, all in connection with commercial filming that occurs
outside the borders of the Village. These activities have a major
impact on the Village infrastructure including public and private
roadways which are not currently regulated or addressed due to the
commercial filming taking place outside the Village. Therefore, the
Board of Trustees finds that regulations of accessory filming use
for commercial filming outside the Village is also in the public interest
to regulate this use within the Village regardless of the commercial
filming location.
As used herein, the following terms shall have the meanings
indicated:
The use of public or private property within the Village
for base camp, food service, vehicular parking, storage of equipment,
props, cameras, personnel, administration and other types of service
vehicles, vans, and mobile equipment in connection with commercial
filming activities, whether filming takes place either, within or
outside the Village, and for which Village public and private roads
are being used to reach the filming site or other film related destination.
"Commercial filming" means the paid recording of still or
moving images or sounds by a person, business, or other entity for
a market audience with the intent of generating income, including
all activities attendant and related to staging or recording. This
includes on-site preparation for all activity associated with the
filming, as well as on-site preparation, setup, restoration and cleanup.
"Commercial filming" shall not include bona fide news organizations,
activities, or personal family recordings. "Commercial filming" shall
not include the recording of still or moving images by a homeowner
of his or her property or by a real estate agent for purposes of marketing
the subject property for sale.
A.
No person shall use any public or private property, public or private
right-of-way, facility or residence for the purpose of engaging in,
participating in or supporting commercial filming activities anywhere
in the Village without having first obtained a commercial filming
permit from the Village, in accordance with the procedures established
in this Chapter.
B.
No person, firm, association, corporation, or enterprise shall use
any public or private property for accessory filming use without obtaining
an accessory filming use permit in accordance with the procedures
established in this chapter. An accessory filming use permit is not
required if a commercial filming permit has been issued for the commercial
filming activity.
A.
An application for a commercial filming permit shall be made on forms
provided by the Village Clerk and include the approval of the Lloyd
Harbor Police Department as to parking, traffic flow and public safety
matters, and if private property is involved, the written consent
of the owner. Such other information may be required by the Village
Clerk depending on the nature and duration of the activity to be conducted.
B.
For property located on a private road, the applicant shall also
provide written approval allowing access over the private road to
the filming site from either the road association, homeowners'
association or road owner. This authorization must be filed along
with the permit application prior to any permit being issued by the
Village.
An application for an accessory filming use permit shall be
made on forms provided by the Village Clerk. Additional information
may be required by the Village Clerk, depending on the nature and
duration of the activity to be conducted. Parties having received
a commercial filming permit are not required to obtain an accessory
filming use permit.
Any change in the planned activities for which a permit has
been requested or obtained shall be submitted by the applicant in
advance of the proposed changes and shall be approved or denied in
the same manner as the original application.
The Village Clerk in his/her sole discretion may deny any application
for a commercial filming permit that does not comply with the purpose
and intent of this chapter, as outlined in this chapter, or if the
proposed commercial filming or accessory filming use would create
dangerous conditions, interfere with the uninhibited public use of
public or private streets or public places, create a nuisance, or
violate any Village or state law.
A.
The Village Clerk may impose restrictions and/or conditions, as the
Clerk in his/her sole discretion deems reasonable and appropriate,
to protect the Village, its residents and surrounding properties.
B.
The permit shall contain a date of commencement and an expiration
date, specify the specific permitted hours for the activity, and shall
list the name and telephone number of a contact person for the applicant
who can be reached at any time.
C.
The Village Clerk may limit the time of commercial filming activity
or accessory filming use and may prohibit activities on Sundays or
legal holiday.
D.
For filming that would impede traffic flow, an applicant must use
Lloyd Harbor Police Department (LHPD) law enforcement personnel and
comply with all traffic control requirements deemed necessary. There
shall be no rerouting of traffic or road closures in connection with
any filming activity except as specifically authorized and approved
in advance by the LHPD Chief of Police.
E.
The filming activity shall be conducted so as not to interfere with
access to fire hydrants and for emergency vehicles.
F.
Any filming activity that requires the use of flammable materials,
explosive devices or open flames is considered a special effect. Fire
safety officers or advisors assigned from a local jurisdiction may
be required.
G.
The permittee shall conduct operations in an orderly fashion with
continuous attention to the storage of equipment not in use and the
cleanup of trash, litter, refuse and debris. The area used shall be
cleaned of trash, litter, refuse and debris in any way generated in
connection with such filming upon completion of shooting at the scene
and restored to the original condition before leaving the site.
The Village shall have the privilege of inspecting the premises
covered by a commercial filming permit or an accessory filming use
permit any or all times.
A.
For property located on a public or private roads, the applicant
shall notify in writing all abutting property owners of the proposed
filming site(s) at least three days before the earlier of the first
setup date or the day filming begins. Abutting land shall include
land across the street from the property.
B.
For property located on a private road, the applicant shall secure
written approval allowing access over the private road to the filming
site from either the road association and/or homeowners' association.
This authorization must be filed along with the permit application
prior to any permit being issued by the Village. After the permit
is issued, the applicant shall notify in writing all property owners
on the road of the filming at least three days before the earlier
of the first set-up date or the day filming begins.
C.
For filming on a roadway, the applicant shall notify in writing all
property owners whose land abuts that portion of the roadway where
the filming is being done at least three days before the earlier of
the first set-up date or the day filming begins.
A.
Commercial filming permit fees shall be $1,500 per day, including
days used for setup and take-down for any filming, setup and take-down
that does not require any road closure. Commercial filming permit
fees shall be $2,500 per day, including days used for setup and take-down
for any filming, setup and take-down that does require any road closure
The completed application and fee for a filming permit must be submitted
to the Village three business days prior to the commencement of any
film-related activities.
B.
Accessory filming use permit fees shall be $1,000 for each day the
property is used, including days used for setup and take-down for
or any filming, setup and take-down that does not require any road
closure. Accessory filming use permit fees shall be $2,000 for each
day the property is used, including days used for setup and take-down
for or any filming, setup and take-down that does require any road
closure. The completed application and fee for a filming permit must
be submitted to the Village three business days prior to the commencement
of any film-related activities. An accessory filming use permit is
not required if a commercial filming permit has been issued.
C.
Permit fees are doubled for failure to obtain permit prior to commencement
of commercial filming activity or accessory filming use.
D.
All fees shall be paid by corporate check, bank check or certified
funds. The Board of Trustees may by resolution increase or modify
the permit fees from time to time.
E.
The Board of Trustees may, by resolution, waive or modify a permit
fee for an application filed by an entity with current 501(c) status
as determined by the Internal Revenue Service.
In addition to any permit fees described under § 151-10, the applicant shall pay the actual cost for the incidental use of any Village personnel, services or equipment in connection with administering a commercial filming or accessory filming use permit.
A.
No permit shall be issued unless the applicant shall have first filed
with the Village Clerk a current and valid certificate of insurance
in a form and in an amount acceptable to the Village Attorney, evidencing
comprehensive liability and property damage insurance coverage, but
in no event shall such insurance be less than $2,000,000 per occurrence.
The Incorporated Village of Lloyd Harbor, its officers, agents, and
employees shall be a named insured and certificate holder of all such
policies, thereby providing defense and indemnity from and against
any claim, loss, expense (including reasonable attorney fees) or damage
resulting from any activity for which the permit was issued. Such
indemnity shall not be limited by enumeration of any insurance coverage
herein provided.
B.
When occurring on Village properties, the applicant and/or permit
holder shall deposit with the Village Clerk a cash bond or letter
of credit, in a form acceptable to the Village Attorney, in an amount
to be determined by the Village to guarantee the reconstruction or
restoration of any public property damaged as a result of any activity
undertaken pursuant to the permit.
C.
The Board of Trustees may by resolution increase or modify the insurance
requirements from time to time.
A.
The Board of Trustees may suspend or revoke a filming permit issued
for any of the following reasons:
B.
A decision of the Board of Trustees to suspend or revoke a permit
shall be final.
C.
In the event that a permit is suspended or revoked, the fees paid
therefor shall be forfeited and shall not be refunded to the applicant.
Any person, firm or corporation who or which 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 or establish or use an Accessory Filming base camp within
the Village without a permit therefor, shall, upon conviction thereof,
be guilty of a violation pursuant to the Penal Law of the State of
New York, punishable by a fine not exceeding $3,000 or by imprisonment
for a term not exceeding 15 days, or by both such fine and imprisonment.
The continuation of an offense against the provision of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
The permittee waives all claims against the Village, its officers,
agents and employees, for loss or damage caused by, arising out of
or in any way connected with the exercise of this permit. The permittee
also agrees to hold harmless, indemnify and defend the Village, its
officers, agents and employees caused by, arising out of or in any
way connected with exercise by the permittee of the rights hereby
permitted, except those arising out of the sole gross negligence of
the Village.
The denial of any application for a commercial filming permit
or accessory filming permit may be appealed to the Board of Trustees
within 35 days.
The permit must be kept on site at all times.
