[HISTORY: Adopted by the Board of Trustees
of the Village of Massena 5-18-2021 by L.L. No. 1-2021. Amendments noted where
applicable.]
The Village of Massena recognizes that the Village's natural
beauty, historical sites and waterfront settings are attractive to
individuals, organizations, corporations, groups, and other entities
involved in the business of filming for motion pictures, television
and other media. Because such activities may create a hazard to public
safety, health or welfare due to the time, location or duration of
the filming or may unduly interfere with vehicular and/or pedestrian
traffic, the Village desires to regulate such activities through the
issuance of permits. The purpose of this chapter is to set forth the
procedure governing such permit process.
A.
General. A permit issued pursuant to this chapter is required prior
to any person or entity engaging in the activity of filming, transmitting,
or other recording of a commercial, movie, short, documentary, or
television program on any street or public property in the Village.
The permit shall be issued by the Village Clerk.
As used in this chapter, the following terms shall have the
meanings indicated:
The projected grand total of spending to produce and complete
the project.
Filming produced by a not-for-profit organization which qualifies
under Section 501(c)(3) of the Internal Revenue Code as a charitable
organization. No person, directly or indirectly, shall receive a profit
from the marketing and production of the film or from showing the
films, tapes, or photos.
The activity of filming or recording on film, video, electronic
or other media, for transmission or commercial use, a movie, motion
picture, film, commercials, television program, documentary, show,
performance, athletic or sports event or other similar events or activities.
Filming shall include the use of public property for persons, equipment,
vehicles, props, cameras and any other items or materials used in
connection with such filming, photographing or recording.
The filming or videotaping for the purpose of a news broadcast
or reporting for electronic media.
The individual or entity that is issued a permit to engage
in filming on Village-owned property or facilities.
Filming produced pursuant to the curriculum of an educational
institution chartered by the State of New York or offered by an officially
recognized nonprofit organization. No person, directly or indirectly,
shall receive a profit from the marketing and production of the film
or from showing the films, tapes, photos or other media created.
Written authorization to engage in filming on Village-owned
property or facilities.
A paper or electronic form to be used to apply for permission
to engage in filming on Village-owned property or facilities.
A.
An application for a film permit shall be made via an application
provided by the Village and shall contain at least the following information:
(1)
Name, address and telephone number of the person or entity doing
the filming.
(2)
Name, address and telephone number of the location coordinator or
other contact person.
(3)
Purpose of the filming.
(4)
Projected grand total of spending to produce the project.
(5)
Specific location of each property to be used in the filming.
(6)
Dates and times of the day that the property will be used.
(7)
A general statement of the character or nature of the proposed filming
activity.
(8)
The exact number and description of the personnel to be involved.
(9)
Proposed use of any animals or pyrotechnics.
(10)
The exact number and type of the vehicles and equipment to be
used.
(11)
If a student film, a letter with an original signature from
the school involved verifying that the filming is being done pursuant
to the curriculum of an educational institution chartered by the State
of New York.
(12)
If a charitable film, proof of the organization's Section
501(c)(3) status.
(13)
Such other information as may be required by the Clerk or Board
of Trustees.
B.
Submission to the Village Clerk. The following materials shall be
submitted to the Village Clerk by the applicant at least 30 days prior
to the proposed date of the filming:
C.
The Village Clerk will review a film permit application. Applications
for projects with a budget of $10,000 or higher will also be reviewed
by the Village Board of Trustees. The Village of Massena may grant,
deny, or grant with restrictions or conditions a permit and may, in
its discretion, require a public hearing on the application for a
permit. In the event that a public hearing is required, all property
owners within 500 feet of the property on which the filming is to
take place shall be notified of the public hearing, by the Village
at the cost of the applicant, by certified mail, return receipt requested.
An application for a filming permit may be denied if the Village determines
that the filming will create a dangerous condition, unreasonably interfere
with the use of the Village streets or public places, or create a
nuisance to Village residents. The Board of Trustees may, in its sole
discretion, require additional monies to be paid as a fee or deposit
based on factors involved in a particular application, including but
not limited to the size and times of the production and the expected
impacts on the Village and the public.
A.
Every permit shall contain a date of commencement and a date of expiration
as well as the specific hours during which filming may occur. The
Village Clerk or the Village Administrator may administratively extend
the expiration date of a permit during its term by up to 10 days without
further action by the Board of Trustees, subject to reasonable requirements,
including but not limited to additional deposits, that may be set
as a condition of the extension if granted.
B.
The Board of Trustees may place reasonable limitations on the hours
and operation of filming based on the conditions of a particular neighborhood
or the existence of conflicting scheduled events.
C.
Possession of an approved filming permit does not waive requirements
set forth in any other laws or codes.
D.
Such other restrictions as the Board of Trustees may, in its sole
discretion, deem are appropriate for the application and filming.
A.
Nonrefundable
permit fee. The permit fee is based on the budget of the project and
the length of the period for which the permit is requested. Fees shall
be determined as follows:
|
Period of 1-3 Days
|
Period of 4-6 Days
|
Period of 7 or More Days
| |
|---|---|---|---|
|
$0 - $10,000
|
$100
|
$200
|
$350
|
|
$10,001 - $25,000
|
$250
|
$400
|
$550
|
|
$25,001 - $50,000
|
$400
|
$600
|
$750
|
|
$50,001 - $100,000
|
$550
|
$800
|
$950
|
|
$100,000 or more
|
$900
|
$1,000
|
$1,150
|
B.
Traffic and pedestrian supervision deposit. If road closure and/or
traffic control is requested and approved, a nonrefundable deposit
of $250 for each day of the filming shall be paid to the Village at
the time of the payment of the permit fee, and the amount required
for a traffic and pedestrian supervision deposit may be increased
by the Board of Trustees for a particular application.
C.
Administrative and incidental cost deposit. The Village of Massena
may require an administrative and incidental cost nonrefundable deposit
in an amount to be set by the Board of Trustees for expected administrative
and incidental costs incurred by a particular application.
D.
The Board of Trustees may, in its sole discretion, lower, raise,
or waive any of the fees or deposits set forth in this chapter with
regard to a particular application.
E.
The applicant shall be responsible to the Village for any expenses
that are actually incurred that are not covered by the deposits required
by this section or the Village.
A.
No filming permit shall be issued by the Village Clerk until the
applicant has filed with the Village Clerk a certificate or policy
of general liability insurance, naming the Village of Massena as additional
insured, and including personal injury and property damage in the
amount of not less than $1,000,000 per occurrence for the duration
of the filming or until the applicant has filed with the Village Clerk
an indemnification form provided by the Village which shall indemnify
the Village from any claim, loss, damage or other liability resulting
from the actions of the applicant or the filming for which the filming
permit is issued.
B.
Applicants seeking to make a student film may provide a certificate
of insurance issued on behalf of their educational institution.
C.
The Board of Trustees may set different or additional requirements
for a particular application.
A.
The Village Clerk or Village Administrator by administrative action
or the Board of Trustees may suspend or revoke a filming permit that
has been issued at any time for any reason.
B.
In the
event that a filming permit is suspended or revoked, the fees paid
therefor shall be forfeited and shall not be refunded to the applicant.
A.
Any person or entity who or which violates or fails to comply with
any provision of this chapter or any determination made hereunder,
or who shall undertake filming without a permit therefor, shall, upon
conviction thereof, be subject to a fine of not more than $10,000
per offense of this chapter, and each and every day that a violation
of this chapter exists shall constitute a single and separate violation
of this chapter.
B.
The Village
may seek injunctive or other court-ordered relief, and the election
by the Village to seek court-ordered relief shall not be exclusive
of the other remedies available to the Village herein.
