[HISTORY: Adopted by the City Council of the City of Glen
Cove 8-24-2021. Amendments noted where applicable.]
The unique nature and beauty of the City of Glen Cove and its
many residential properties have made it the location for the on-site
production of many still photography shoots, television commercials,
student documentary projects, motion-picture, television, and video
programs. Due to the nature of these location shoots, there is a concomitant
increase in electronic equipment, vehicles, traffic, and people within
the City which impacts the infrastructure of the City, the utilization
of public safety personnel and other government resources. It is in
the public interest to require those individuals and enterprises who
seek to undertake such activities within the City to assume the financial
burden associated with those activities in order to ensure that the
taxpayers of the City of Glen Cove are not adversely impacted with
that financial burden. The requirements herein are not meant to infringe
upon the First Amendment rights of any bona fide news organization,
as coverage of contemporaneous news events serves the public interest
and the provisions herein shall not apply thereto.
As used herein, the following terms shall have the meanings
indicated:
Base camps house crew parking (which can be a significant
number of cars), portable bathrooms, star trailers, and a catering
tent. All vehicles other than working trucks are located in a base
camp. "Working trucks" are those defined as vehicles that are vital
to the making of the film, such as camera, props, and grip and light.
The recording on film or any other electronic or photographic
material or substance of any image or sound where such recording shall
be used for a commercial purpose and on-site preparation for such
activity and all on-site activity associated with the filming, including
but not limited to on-site restoration and cleanup. Such commercial
purposes shall include but not be limited to the making of motion
pictures, music videos, television programs, advertisements, commercials,
and still photography. Specifically excluded from the provisions of
this definition are any activity undertaken by a bona fide news organization
which enters into the City to cover contemporaneous news stories;
weddings; and other similar types of photography undertaken by a commercial
photographer.
Films and/or videos recorded by a student in the fulfillment
of educational requirements, provided that such works will not be
used for a commercial purpose.
No person, firm, association, corporation, or enterprise shall
commence commercial or student filming or establish a base camp anywhere
in the City of Glen Cove unless a permit therefor has been previously
issued by the Mayor's Office of the City of Glen Cove.
Applicants for a permit under this chapter must submit the following
documents:
A.
An application for a permit under this chapter shall be made to the
Mayor's Office at City Hall during normal business hours at least
seven days prior to any activity commencing anywhere in the City of
Glen Cove. Such application form, which shall be provided by the Mayor's
Office, shall contain the following information:
(1)
Name, address and telephone number of the person or entity owning
the rights to the commercial film, if applicable.
(2)
Name, address and telephone number of the location coordinator or
other contact person.
(3)
Purpose and description of the filming.
(4)
Specific locations of the properties to be used.
(5)
Dates and times of day that the properties will be used.
(6)
Such other information as may be required by the Mayor's Office.
B.
Written consent of the owners of all properties where all filming
activities are to take place.
An applicant who has obtained a filming permit from the City
within the last 12 months may reapply for a new permit upon three
days' notice as described below so long as the City received
no substantiated written complaints regarding the prior filming from
any City resident and the present application complies with all other
provisions in this chapter. The application must be made to the Mayor's
Office at City Hall in person, by electronic mail, or certified mail
at least three business days prior to any activity commencing anywhere
in the City.
Any change in the planned activities for which the 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.
A.
The Mayor's Office may deny any application for a filming permit
that does not comply with the purpose and intent of this chapter or
if the public interest would be served by such denial. The Mayor's
Office may also deny any application for such permit when, in the
judgment of the Mayor's Office, such permit would conflict with
other scheduled events in the area of the filming location; would
be detrimental to the community because of anticipated excessive noise,
illumination or other effect caused by the proposed filming, including
but not limited to the use of explosives; or would unduly interfere
for an extended period of time with the day-to-day activities of the
surrounding residents.
B.
Every permit shall contain a date of commencement and an expiration
date and shall specify the specific hours during which any permit
activity shall occur. The foregoing shall include setup and breakdown.
C.
At no time shall any filming or use of any equipment therefor be
allowed between the hours of 10:00 p.m. and 8:00 a.m.
D.
At no time shall any filming or use of any equipment therefor be
allowed on Sundays.
E.
No filming activity shall intrude upon or interfere with the privacy
or property of any property owner unless a written consent shall have
been previously obtained from said property owner.
F.
There shall be no rerouting of traffic in connection with any filming
activity except as specifically authorized and approved in advance
by the Police Department.
G.
The filming activity shall be conducted so as not to interfere with
access to fire stations and fire hydrants. Equipment, materials or
obstructions shall not be placed within 50 feet of fire hydrants.
H.
Film crews shall not park personal vehicles or any vehicle associated
with filming on any residential street.
I.
The Police Department, and/or their respective designees, may place
such other further reasonable limitations on the permit as in their
opinion are warranted under the circumstances.
The fees for a music/entertainment video filming permit, commercial
filming permit, motion pictures/TV programs filming permit, documentaries/public
service announcements filming permit, student project filming permit,
setup and breakdown for filming fees, and parking fees shall be as
set forth in the attached fee schedule, which may be amended from
time to time by resolution.[1] Any City personnel required to be on location, in the
sole discretion of the Mayor's Office, shall be reimbursed at
their hourly rate and/or at cost by the permittee in addition to any
fees contained on the fee schedule.
[1]
Editor's Note: The fee schedule is on file in the City
offices.
A.
A filming permit may be suspended or revoked by the City for any
of the following reasons:
(1)
Violation of any law, rule or regulation of the United States of
America, the State of New York, the County of Nassau, or the City
of Glen Cove.
(2)
Violation of any condition of the permit.
(3)
Conduct that is detrimental to the health, safety or welfare of the
residents of the City of Glen Cove or that is detrimental to public
or private property within the City of Glen Cove.
B.
A decision by the City to suspend or revoke a permit shall be appealable
by the permit holder to the City Attorney, whose decision therein
shall be final.
C.
Where a permit is suspended or revoked, the fees paid therefor shall
be forfeited and shall not be refunded.
D.
Any revocation of a filming permit shall bar the applicant and/or
permit holder from applying for a new permit for the period of one
year from the date of the revocation.
A.
No permit shall be issued unless the applicant shall have first filed
with the Mayor's Office a certificate of insurance in a form
and in an amount acceptable to the City Attorney, or his/her designee,
evidencing comprehensive liability and property damage insurance coverage,
but in no event shall such insurance be less than $1,000,000 per occurrence.
The City of Glen Cove, its officers, agents, and employees shall be
a named insured and certificate holder on all such policies, thereby
providing defense and indemnity from and against any claim, loss 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.
The applicant and/or permit holder shall deposit with the Mayor's
Office a cash bond or letter of credit in a form acceptable to the
City Attorney, or his/her designee, in an amount to be determined
by the City to guarantee the reconstruction or restoration of any
public or private property damaged as a result of any activity undertaken
pursuant to the permit.
A.
The violation of any provision of this chapter shall be punishable
by a fine of not less than $4,000 nor more than $5,000 for a first
offense; by a fine of not less than $6,000 nor more than $10,000 for
a second or subsequent offense committed within a period of three
years. Each day's continued violation shall be a separate, additional
violation of this chapter.
B.
The imposition of such fine shall not be the City's exclusive
remedy in the event of a violation of this chapter. The City may pursue
any and all other legal remedies available to it in connection with
any violation of this chapter.
