As used herein, the following terms shall have the meanings
indicated:
ACCESSORY FILMING USE
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
"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.
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.
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.
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.