[HISTORY: Adopted by the Board of Trustees of the Village of Ellenville 2-24-2020 by L.L. No. 1-2020. Amendments noted where applicable.]
A. 
The Village Board of the Village of Ellenville recognizes that the Village's natural beauty, geographical location and historical sites are attractive to individuals, organizations, corporations, groups and other entities involved in the business of still photography, motion pictures and television.
B. 
It is hereby found by the Village Board of the Village of Ellenville that such filming activities may create a threat 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, and as such, it is necessary to provide for the regulation of the taking of still or motion pictures within the Village through the issuance of permits. Furthermore, such regulation is a matter affecting the public interest and therefore should be subject to supervision and administrative control for the purpose of safeguarding the public against the impact of such activities.
A. 
Whenever used in this chapter, words used in the singular include the plural, and vice versa, and pronouns used in the masculine gender also include the feminine, and vice versa.
B. 
For the purposes of this chapter, the following terms shall have the meanings indicated:
BASE CAMP
A location, other than the location where filming is to occur, where equipment related to the filming is stored or where services ancillary to the filming are performed. For purposes of this definition, a location used by an applicant for vehicle parking only shall not be considered a base camp.
PRIVATE PROPERTY
Any property other than public lands.
PUBLIC LANDS
Any and every public street, highway, sidewalk or square, public park or playground, public waters, waterfront property or other public place within the Village which is within the jurisdiction and control of the Village or involving the use of any Village-owned or -maintained facilities or equipment.
VILLAGE FACILITY
Any land or building owned, leased, operated or controlled by the Village of Ellenville or a special district operated by the Village of Ellenville.
A. 
No person shall film or allow filming on public lands within the Village of Ellenville without first obtaining a permit therefor from the Village Clerk in accordance with this chapter, except as provided for in § 143-4 hereof.
B. 
No person shall film or allow filming on private property within the Village of Ellenville without first obtaining a permit from the Village Clerk in accordance with this chapter when such filming shall result in an incidental use of public lands, except as provided for in § 134-4 hereof. Any incidental use of public lands that obstructs any public lands or interferes with the use of any public lands requires a permit; provided, however, that nothing contained in this section shall prevent persons from temporarily loading or unloading filming equipment on any public right-of-way, provided that such filming equipment is not allowed or permitted to remain on such public right-of-way for a period longer than 15 minutes.
C. 
Permits shall be obtained in the office of the Village Clerk during normal business hours. Applications for such permits shall be in accordance with § 134-5 and shall be accompanied by a permit fee established by the Village.
The provisions of this chapter shall not apply to news media, police-related activities, and shall not apply to filming or videotaping of motion pictures or still photography for private family use.
All permits shall be applied for and obtained from the office of the Village Clerk. Applications may be submitted in person during normal business hours, by mail, by email or by online form in the event that an online form is developed for this purpose. Any application must contain at least the following information:
A. 
The name, address and telephone number of the applicant.
B. 
The name, address and telephone number of the person or entity making the film.
C. 
The name, address and telephone number of the location coordinator or other contact person.
D. 
The location of the property where filming is to take place and the location of any property to be used by the applicant as a base camp.
E. 
Whether the applicant is the owner or tenant in possession of the property to be used for filming or as a base camp.
F. 
The name and address of the owner of the property, if the applicant is not the owner.
G. 
The consent of the owner of the property to be used for filming or as a base camp, if other than the applicant.
H. 
The date filming is to take place and the hours of filming.
I. 
A statement indicating the nature and scope of filming, specifically detailing any excessive noise, illumination or other special effects and any potentially dangerous activity or creation of a dangerous condition, such as the use of explosives, pyrotechnics, animals, weaponry and stunts that may endanger the public's health, safety or welfare.
J. 
A list and description of all vehicles and their license plate numbers, including the applicant's vehicles and vehicles of the applicant's personnel.
K. 
A list and description of all props, sets and equipment to be used in connection with the filming.
L. 
Any other approval the Village Clerk or Village Attorney deems necessary, together with any conditions which may be set forth.
M. 
A signed statement that the applicant affirms, under penalty of perjury, that all statements contained in the application are true.
A. 
A certificate of insurance issued by an insurance company licensed to do business in the State of New York must be submitted to the Village of Ellenville Attorney's office two business days prior to the commencement of permitted filming activities. Such certificate shall be in the following coverage amounts and contain the following information:
(1) 
Comprehensive general liability coverage with limits of no less than $2,000,000 per occurrence.
(2) 
Automobile liability coverage with limits in an amount acceptable to the Village Attorney.
(3) 
New York workers' compensation and New York disability coverage for production company employees.
(4) 
The Village of Ellenville and Village of Ellenville Board of Trustees must be named as certificate holders and as additional insureds, by endorsement on liability policies.
B. 
Execution of a hold-harmless agreement shall be required, in connection with the permit, in a form approved by the Village of Ellenville Attorney's office.
C. 
Where deemed necessary by the Village of Ellenville, a refundable security deposit may be required to be submitted to assure cleanup of the site.
D. 
The Village of Ellenville may place other reasonable conditions as deemed advisable by the Village Attorney and may place reasonable limitations on the hours of operation based on the specific Village and/or Board of Trustees property or facility requested or the existence of conflicting scheduled events.
A. 
Applications and issuance of filming permits.
(1) 
The Village Board may, from time to time, by Village Board resolution, establish fees and charges for applications and issuance of filming permits under this chapter. These fees shall include but not be limited to:
(a) 
Nonrefundable application fee, to be submitted with completed application.
(b) 
Permit fees per location.
[1] 
Full-day fee: four hours up to 24 hours.
[2] 
Half-day fee: up to four hours.
(2) 
All fees for filming permits are nonrefundable and shall be payable to the Village of Ellenville by check or money order at time of permit issuance.
B. 
Film permit fees may be waived in connection with filming done for a charity, student film, public service announcement, and/or other nonprofit purpose upon the submission of requested documentation and approval of the Village Attorney.
C. 
The production company shall pay the actual cost, if any, for the incidental use of any Village personnel, services or equipment in connection with permitted filming activities.
A. 
Any production company committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation, punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense thereunder.
B. 
In addition to the criminal penalties set forth herein or in other applicable law, rule or regulation, the Village Attorney is authorized to revoke the permit with forfeiture of fees paid; deny future permit applications; pursue civil and equitable relief, including but not limited to compensatory actions; civil penalties in the amount of up to $500 per day, or any part thereof; an action to compel compliance with or to restrain by injunction the violation of this chapter; and other remedies which in the opinion of the Village Attorney may seem necessary and proper. Such civil and equitable relief may be sought in a court of competent jurisdiction or from a duly appointed hearing officer whenever permitted by law.