[HISTORY: Adopted by the Board of Trustees of the Village
of Cove Neck 3-22-2022 by L.L. No. 5-2022. Amendments noted where applicable.]
The rural and aesthetic beauty of the Village, with its many
unique residential properties, has made it attractive for the on-site
production of theatrical events, including motion-picture, television,
and video programs. With any of these on-site productions, there is
an influx of activity involving additional personnel, production and
support vehicles, corresponding personal traffic and associated parking
considerations, all of which impacts the infrastructure of the Village,
the utilization of police personnel, governmental resources and an
inconvenience and disruption to our Village residents. It is in the
public interest to have those individuals and enterprises which seek
to undertake on-site productions within the Village address these
Village concerns and reasonably assume the financial burden associated
with those activities. The below requirements are not meant to infringe
upon the First Amendment rights of any bona fide news organization
covering contemporaneous news events that serves the public interest,
and accordingly these provisions shall not apply to such news coverage.
As used herein, the following terms shall have the meanings
indicated:
The recording of any image or sound on any media, where such
recording is to be used for any commercial purposes. Commercial purposes
shall include, but not be limited to, the making of motion pictures,
music videos, television programs, advertisements, commercials, and
still photography. Commercial filming shall also include all on-site
activities associated with the filming, including but not limited
to on-site restoration and cleanup. Commercial filming shall not include
filming by bona fide news organizations covering contemporaneous news
stories; weddings and personal family photography undertaken by a
commercial photographer, but for personal noncommercial use; and filming
by students for solely educational purposes and not to be used for
a commercial purpose.
No person, firm, association, corporation, or enterprise, including
a property owner, shall conduct or allow commercial filming to take
place anywhere in the Village, unless a permit has been approved by
the Board of Trustees and issued by the Village Clerk.
A.
A permit application for commercial filming is available from the
Village Clerk. The applicant will require to provide the following
information:
(1)
Name, address and telephone number of the person or entity responsible
for the production of the commercial filming.
(2)
Name, address and telephone number of the commercial filming production
coordinator.
(3)
Purpose of the commercial filming.
(4)
Specific Village properties to be used and the locations on those
properties where commercial filming will take place.
(5)
Written consent of the owners of all properties where all commercial
filming activities are to take place.
(6)
Dates and times of day that the properties will be used for commercial
filming activities.
(7)
A description of all motor vehicles, trailers and other support equipment
to be used in connection with the commercial filming.
(8)
Names and addresses of all adjoining property owners.
(9)
Listing of all roadways, whether private or public, to be used for
access and for production. If a private road or roads are involved,
the consent of the road owner or association must be provided.
(10)
Approval of the Village Police Department.
(11)
Such other information as may be required by the Board of Trustees
or the Village Clerk.
B.
All applications for a permit must be filed with the Village Clerk
at least seven business days before commencing production and must
include the required hold harmless agreement, insurance certificate
and filing fee.
Any change in the planned activities for which the permit has
been requested or issued shall be submitted to the Village Clerk in
advance, and the changed activity will not be permitted until approved
by the Village.
The Village Board of Trustees may grant an application for a
commercial filming permit provided it finds that the filming production
complies with the purpose and intent of this chapter and serves the
public interest of Village residents. The Village may deny any application
when, in the judgment of the Village, such commercial filming would
be detrimental to the community because of anticipated traffic and
parking issues, excessive noise, excessive or disruptive illumination
or other effect caused by the proposed filming on the neighboring
properties or the Village at large; would conflict with other scheduled
events in the area of the filming location, or would unduly interfere
for an extended period of time with the day-to-day activities of the
surrounding residents; or among such other grounds which evidence
the adverse impacts that the commercial filming would have on the
Village and its residents. Where an application has been denied, the
applicant may appeal such denial to the Board of Zoning Appeals, whose
decision shall be final.
A.
The permit shall contain the date commercial filming activities are
permitted to commence and conclude.
B.
The permit shall specify the specific hours commercial filming activities
are permitted under the permit. No filming or use of any equipment
will be allowed between the hours of 10:00 p.m. and 8:00 a.m., nor
allowed to take place on Sundays or New York State or federal holidays,
unless permitted by the Village due to special circumstances, such
as weather-related delays.
C.
No filming activity shall intrude upon or interfere with the privacy
or property of any property owner, unless a written consent shall
have been obtained from said property owner.
D.
There shall be no rerouting of traffic in connection with any filming
activity, except as specifically authorized and approved in advance
by the Chief of Police.
E.
The filming activity shall be conducted so as not to interfere with
or obstruct access for emergency vehicles and fire hydrants.
F.
The Village may include such other conditions which in the Trustees'
sole discretion are warranted to protect the health, safety and welfare
of the Village and its residents.
A.
The fee for a commercial filming permit shall be $2,500 per day.
The fee shall be paid in cash or certified check prior to the issuance
of the permit. The permit fee may be increased or reduced by resolution
of the Board of Trustees.
B.
In addition to the filing fee, the applicant shall be responsible
for the actual costs incurred by the Village for any Village personnel,
including police officers, services or equipment, that were required
to be used in connection with the filming activity. Prior to the issuance
of the permit, the applicant shall post security in an amount and
form acceptable to the Village Clerk to ensure payment of any such
costs that cannot be reliably estimated. After the completion of the
commercial filming, the unused remaining balance of the posted security
shall be refunded to the applicant.
A.
A commercial filming permit may be suspended or revoked by a Village
official or Building Inspector 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 Incorporated
Village of Cove Neck.
(2)
Violation of any condition of the permit.
(3)
Conduct that is detrimental to the health, safety or welfare of the
residents of the Incorporated Village of Cove Neck or that is detrimental
to public or private property within the Village.
B.
A decision by a Village official or Building Inspector to suspend
or revoke a permit shall be appealable by the permit holder to the
Village Board of Trustees, whose decision thereon 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 commercial 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.
The applicant shall file with the Village Clerk a certificate of
insurance, in a form and in an amount acceptable to the Village Attorney,
evidencing comprehensive liability and property damage insurance coverage,
with a policy limit not less than $5,000,000 per occurrence. The Incorporated
Village of Cove Neck, its officers, agents, and employees shall be
listed as an additional insured 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 shall also file with the Village Clerk an indemnification
agreement, in a form approved by the Village Attorney, holding the
Incorporated Village of Cove Neck, its officers, agents, and employees
harmless and indemnifying them from and against any claim, loss or
damage resulting from any activity for which the permit was issued.
Such indemnity shall include reimbursement for the Village's
reasonable attorney fees and shall not be limited by enumeration of
any insurance coverage provided by the applicant.
