It is the intent of the Town Board to allow, but regulate, the
use of property within the unincorporated area of the Town for filming
advertising, motion pictures, television shows, productions that can
be viewed on computers, telephones or other devices, and for taking
photographs to be used in commercial enterprises. Such regulation
is intended to allow such activities in a way that is compatible and
does not unduly interfere with the day-to-day activities of the Town's
residents and merchants.
As used in this section, the following terms shall have the
meanings indicated:
ADMINISTRATOR
The Town Administrator or a person designated by the Town
Administrator.
FILMING
The recording, by any medium, of advertising, motion pictures,
television shows, productions that can be viewed on computers, telephones
or other devices and the taking of photographs to be used in commercial
enterprises. Notwithstanding the previous sentence, "filming" does
not include recordings done by or on behalf of the Town, the coverage
of news, political, cultural, local sports or school events, the recording
of public service announcements or recordings done by individuals,
acting alone or with other members of their household or their business
only, who perform such recordings inside buildings on properties which
they occupy as their residence or their place of business.
[Amended 5-3-2023 by L.L.
No. 5-2023]
LICENSEE
Any person or entity whose application for a license under
this chapter has been approved.
PUBLIC PROPERTY
Any property located within the unincorporated area that
is owned or leased by the Town of Mamaroneck or that the Town of Mamaroneck
has the right to use.
No person or entity shall film in the unincorporated area on
either public or private property, unless a license is issued pursuant
to this chapter.
The license prescribed by this chapter shall be issued by the
Administrator. An application therefor shall be filed in the office
of the Administrator at least seven days before the first day proposed
for filming. It shall be on a form containing such information as
may be determined by the Administrator. At a minimum, the application
shall require i) the proposed location for the filming; ii) the proposed
production schedule; iii) a description of any activities where there
is a risk of injury, such as car chases, jumps or falls from windows
or roofs, fighting, the use of weapons or like activities; iv) a statement
of whether explosives will be used, and if so, where the explosives
will be stored; and v) a list of all vehicles that will be used during
filming or will be driven by the persons engaged in the filming. After
reviewing the application, the Administrator may request such additional
information that in the Administrator's sole judgment is necessary
to determine whether to issue the license.
No more than 15 days of filming shall occur on private property
or on streets lying within the R-TA, R-A, R-GA, R-2F, R-6, R-7.5,
R-10, R-15, R-20, R-30 or R-50 zoning districts in any calendar year.
Upon a showing of undue hardship, the Town Administrator may allow
filming to occur at a property for up to 18 days in a calendar year.
The fees for applying for and for a license itself are listed in §
A250-1 of the Code. The Town of Mamaroneck, the Mamaroneck Union Free School District, the United States, the State of New York and the County of Westchester shall be exempt from such fees.
[Amended 12-7-2022 by L.L. No. 9-2022]
Any person aggrieved by the denial of an application for a license
or by the conditions imposed with such license may appeal the Administrator's
decision. Each appeal shall be heard by a Committee, consisting of
the Town Supervisor and one Town Board member designated by the Supervisor
for that appeal. The Committee shall review such appeal and may reverse,
modify or affirm the action of the Town Administrator if the Committee
finds that the action of the Town Administrator was arbitrary, capricious
or not supported by substantial evidence.
It shall be an offense for any person, firm or corporation to
violate or to fails to comply with any provision of this chapter or
any rule or determination made thereunder, or to undertake filming
in the unincorporated area without first securing a license therefor.
A person who commits such offense shall, upon conviction, be punished
by a fine of $250. Each day that a violation occurs shall be deemed
a separate offense.
This chapter shall be enforced by the Town Administrator, the
Deputy Town Administrator, the Building Inspector, any Assistant Building
Inspector, any Code Enforcement Officer, the Director of Building
Code Enforcement and Land Use Administration, the Fire Inspector or
any police officer.