[HISTORY: Adopted by the Town Board of the
Town of Southold 2-27-2001 by L.L.
No. 6-2001. Amendments noted where applicable.]
The Town Board of the Town of Southold recognizes
that the Town's natural beauty and historical sites are attractive
to individuals, organizations, corporations, groups and other entities
involved in the businesses of still photography, motion pictures and
television. Because 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, the Town 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, organization, corporation, group or other entity engaging in the activity of filming or photographing a commercial, movie, documentary, television program, catalog or magazine layout, or any other presentation upon the streets, sidewalks or any other property owned by the Town of Southold, exclusive of the Village of Greenport. The application process for obtaining a permit is set forth in § 139-3.
A.
Application form. An applicant may obtain an application
form from the Town Chief of Police or the Town Clerk. The information
requested on the application form shall include, without limitation,
the following:
(1)
The name, address and telephone number(s) of the applicant
and who can be contacted prior to and during the filming by Town officials.
[Amended 12-14-2021 by L.L. No. 21-2021]
(2)
The proposed location(s) of the filming or still photography.
(3)
The date(s) and time(s) the permit is intended to
cover.
(4)
The number in the cast and crew.
(5)
Expected number of automobiles and other vehicles
intended to use the property at one time and collectively.
[Amended 12-14-2021 by L.L. No. 21-2021]
(6)
The person in charge on site.
(7)
The
name, address and cellular telephone number of any security company
which will work on the premises, and a description of the duties to
be performed.
[Added 12-14-2021 by L.L. No. 21-2021]
(8)
Certification
that the property where the event is to take place is not subject
to any covenant or restriction limiting its use, or if the use is
restricted by easement or otherwise, a copy of a survey or diagram
depicting the easement area and any reserved area where development
rights are intact.
[Added 12-14-2021 by L.L. No. 21-2021]
(9)
The
size and location of any existing building(s) or structure(s) that
will be in operation during the filming and any proposed building,
structure or signs to be erected temporarily for the filming.
[Added 12-14-2021 by L.L. No. 21-2021]
(10)
The
location of the stage or tents, if any.
[Added 12-14-2021 by L.L. No. 21-2021]
(11)
The
location of all fire extinguishers and other fire safety equipment.
[Added 12-14-2021 by L.L. No. 21-2021]
(12)
The
location of all temporary utilities to be installed for the event,
if any.
[Added 12-14-2021 by L.L. No. 21-2021]
(13)
The
layout of any parking area for automobiles and other vehicles and
the means of ingress and egress for such parking areas during the
filming.
[Added 12-14-2021 by L.L. No. 21-2021]
(14)
A
plan for the use of live outdoor effects, loudspeakers and other sounds
which will be used, if any, and the type and location of speakers
and other audio equipment.
[Added 12-14-2021 by L.L. No. 21-2021]
(15)
A
description of emergency access and facilities related to the filming.
[Added 12-14-2021 by L.L. No. 21-2021]
(16)
Provisions
to dispose of any garbage, trash, rubbish or other refuse.
[Added 12-14-2021 by L.L. No. 21-2021]
(17)
The
location of sanitary facilities on site, if any.
[Added 12-14-2021 by L.L. No. 21-2021]
B.
Submission to Town Clerk. The following materials
shall be submitted by the applicant to the Town Clerk at least 30
days before the proposed date to start the filming or still photography:
[Amended 12-14-2021 by L.L. No. 21-2021]
C.
Review by Chief of Police. The Town Clerk shall forward the application to the Chief of Police for approval or disapproval. Said approval or disapproval shall be based on the Chief of Police, or his designee, making a determination on whether the proposed filming or still photography will constitute a threat to public safety, health or welfare by reason of time, location or duration of the activity or will unduly interfere with vehicular and/or pedestrian traffic. Approval of the application by the Chief of Police, or his designee, may be conditioned on the payment of the traffic control fee set forth in § 139-4. The Chief of Police shall send the approved or disapproved application back to the Town Clerk.
D.
Review by Town Attorney. The Town Clerk shall forward
the certificate of insurance and the indemnification agreement to
the Town Attorney for approval. The Town Attorney shall send such
approved or disapproved documents back to the Town Clerk.
E.
Permit fee. The Town Clerk shall calculate the permit
fee, as prescribed by resolution of the Town Board, required to be
paid by an approved applicant as follows:
[Amended 12-14-2021 by L.L. No. 21-2021]
(1)
Film application fee.
(2)
Cleanup deposit. A separate certified check for each day covered by the permit shall be paid pursuant to § 139-5.
(3)
Traffic control fee. A traffic control fee shall be paid for each day covered by the permit if the Chief of Police, or his designee, requires payment of the traffic control fee pursuant to § 139-4.
(4)
Beach parking fee. If the permit includes one or more
Town beaches as location sites, a fee for each day covered by the
permit shall be paid.
F.
Issuance of permit. The Town Clerk shall countersign an approved application. The Town Clerk shall collect the permit fee calculated pursuant to Subsection E from the applicant. Payment of the permit fee shall be in the form specified in § 139-6. Upon payment of the permit fee, the Town Clerk shall issue the permit to the applicant. The permit shall set forth the name of the applicant and the location(s), date(s), and time(s) of the filming or still photography.
A.
In the event that the Chief of Police or his designee determines that the police officers or traffic control officers will be necessary for the protection of the citizens or for the control of traffic during the filming or still photography, the applicant shall submit to the Town Clerk the fee as prescribed by Town Board resolution for each day covered by the permit pursuant to Subsection F of § 139-3.
[Amended 12-14-2021 by L.L. No. 21-2021]
B.
If the Chief of Police determines that the traffic
control fee will be fully expended prior to the termination of the
permit period, the Chief of Police shall notify the Town Clerk. The
Town Clerk shall contact the applicant in writing and require payment
of additional sum of money, said specific amount to be determined
by the Chief of Police based on the salaries and the number of hours
to be worked by the Town police and traffic control personnel. Said
additional traffic control fee shall be paid within seven days of
said notice. The applicant's failure to pay such additional fee within
said seven-day period shall result in the Town Clerk's providing the
applicant with written notice that the permit has been suspended and
the date of such suspension. The applicant's receipt of the Town Clerk's
suspension notice shall not be construed as altering the date of suspension
set forth in said written notice, the effective date of the suspension
being the day immediately following the completion of the seven-day
notice period.
[Amended 12-14-2021 by L.L. No. 21-2021]
C.
The procedure set forth in Subsection B may be repeated as necessary to ensure that the applicant pays for all costs included by the Town in providing traffic control services.
D.
After termination of the filming, the Chief of Police shall provide the applicant with a statement regarding the actual cost to the Town of providing said police officers or traffic control officers. If the actual cost is less than the moneys that the Town has collected pursuant to Subsection A, B or C, the Town shall remit the balance to the applicant. If the actual cost is more than the moneys that the Town has collected pursuant to Subsections A, B or C, the applicant shall be responsible for providing the balance to the Town within 30 days of the termination of the filming or still photography.
E.
The Chief of Police shall forward a copy of the statement
of actual cost to the Town Clerk who will file said statement with
the original application form.
A.
Each applicant whose application has been approved
shall give the Town Clerk a certified check in the appropriate amount
for each day covered by the permit, which check shall be held and
not deposited by the Town during the duration of the permit period.
[Amended 12-14-2021 by L.L. No. 21-2021]
B.
At the termination of the permit period, the Town
Superintendent of Highways, shall inspect the locations listed on
the permit and determine if the locations require cleanup efforts
by Town personnel.
C.
If cleanup is required, the Town Superintendent of Highways will coordinate that effort. Said Superintendent will provide the Town Clerk with a statement setting forth the actual cost to the Town of providing said cleanup services. If the actual cost is less than the deposit collected pursuant to Subsection A, the Town shall remit the balance to the applicant. If the actual cost is more than the deposit collected pursuant to Subsection A, the applicant shall be responsible for providing the balance to the Town within 30 days of the termination of the filming or still photography.
D.
If no cleanup is required, the Town Superintendent
shall notify the Town Clerk of that fact, and the Town Clerk shall
promptly remit the certified check to the applicant.
Any fee collected under this chapter shall be
paid either in cash or by certified check made payable to the Town
of Southold and shall be delivered to the Town Clerk.
Other than the required fees, the Town shall
not accept any donations from the applicant in connection with the
granting of the permit. In addition, no Town official or employee
shall make a recommendation to the applicant regarding a donation
to a third party.
The Town Clerk shall give notice to the Chief
of Police, the Chief Building Inspector, the Code Enforcement Officer,
the Fire Marshal, the Superintendent of Highways and the Superintendent
of Parks and Recreation of each permit issued pursuant to this chapter.
A permit holder shall be responsible for any
damage to Town property or facilities that may result from the permit
holder's activities. No alterations are to be made at filming or photography
sites, including, without limitation, cutting trees, digging holes
and trimming bushes, without the express authorization of the Town
Board.
Issuance of a permit pursuant to this chapter
does not relieve the permit holder of its duty to comply with all
other Town local laws, ordinances and regulations during the duration
of the filming or photography.
Every application for a permit pursuant to this
chapter shall include a certificate of insurance that evidences a
public liability insurance policy covering the Town as an additional
insured in the minimum amount of $1,000,000 per occurrence for the
duration of the filming or still photography. The applicant shall
also submit an indemnification agreement that states that the applicant
agrees to assume all liability for and will indemnify and hold the
Town harmless of and free from any and all damages that occur to persons
or property by reason of said filming or still photography.
The permit holder shall be required to have
the permit available for inspection by the Town Police Department,
or its designees, at the site of the filming or still photography
for the duration of the permit period.
[Amended 12-14-2021 by L.L. No. 21-2021]
An applicant which has been granted a permit
may submit to the Town Clerk a request to extend the duration of the
permit. The Chief of Police, or his designee, will make the decision
whether or not to grant such request. If permission is granted, the
Town Clerk shall collect the appropriate fee from the applicant for
each additional day added to the permit period. The Town Clerk shall
then modify the applicant's permit to indicate the granted extension
period.
A.
Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine of not less than $100 and not more than $2,500, and, in addition, anyone convicted hereunder of not complying with the requirements of § 139-4 and/or § 139-5 may be subject to a fine of not less than the amount of the actual costs incurred and owed to the Town, and not more than an amount to twice said actual costs.
[Amended 1-16-2007 by L.L. No. 3-2007]
B.
Each continuing day of violation of this chapter shall
constitute a separate offense.
C.
In addition to the above provided penalties, the Town
may also maintain an action or proceeding in the name of the Town
in a court of competent jurisdiction to compel compliance with, or
to restrain by injunction the violation of this chapter.
The provisions of this chapter are severable.
If any provision of this chapter or its application to any person
or circumstance is held invalid, said invalidity shall not affect
any other provision or application of this chapter which can be given
effect without the invalid provision or application of the chapter.
This chapter shall take effect immediately upon
filing with the Secretary of State as provided by law.
