Town of LaGrange, NY Chapter 116 Film and Video Productions

[HISTORY:[1] Adopted by the Town Board of the Town of LaGrange 8-22-2018 by L.L. No. 8-2018.[2] Amendments noted where applicable.]

[1] Editor's Note: Former Ch. 116, Fire Prevention, adopted 4-29-1981 by L.L. No. 3-1981 as Ch. 44 of the 1975 Code, as amended, was repealed 12-12-2007 by L.L. No. 7-2007. See now Ch. 83, Building Construction Administration and Enforcement.

[2] Editor's Note: This local law was originally adopted as Ch. 30 but was renumbered to maintain the alhabetical organization of the Code. This renumbering was approved by resolution of the Town Board adopted 10-10-2018.

§ 116-1 Purpose.

The Town of LaGrange has experienced a significant increase in requests to film in the community. The Town wishes to encourage and facilitate film and video production activities at locations in LaGrange because of the economic value such activities can bring to the businesses within the Town. The Board, however, recognizes that provisions must be made for the safety of the public and the welfare of the Town residents.

§ 116-2 Definitions.

As used in this chapter, the following terms shall have the following meanings:

ADVERTISEMENT

Any film, as defined herein, produced for use in a television or internet commercial, or for a published advertisement.

FILM or FILMING

The taking of still or motion pictures whether on film, videotape, photograph, digital recording or by similar recording medium, for commercial or educational purposes and intended for viewing on television, in theaters or for institutional uses. The provisions of this chapter shall not be deemed to include the filming of news stories within the Town of LaGrange.

MAJOR COMMERCIAL PRODUCTION

Any film with a budget in excess of $3,000,000 which is part of a television series, special, documentary, or made-for-TV movie; or which is financed, produced and/or distributed by a major motion picture studio, including but not limited to the following:

A. Universal Pictures;

B. Warner Brothers, including New Line Cinema, Castle Rock Cinema, Village Road Show and Bel Aire;

C. Paramount, including MTV Films and Nickelodeon Movie;

D. 20th Century Fox, including Fox Searchlight;

E. SONY/Columbia;

F. Disney/Miramax;

G. MGM United Artists; or

H. Dreamworks.

PUBLIC LANDS

Any and every public street, highway, sidewalk, square, public park or playground or any other public place which is within the jurisdiction and control of the Town of LaGrange.

§ 116-3 Permit required.

No person, firm, corporation, organization or business entity shall commence or allow filming in the Town of LaGrange on public or private property unless a permit therefor, as hereinafter prescribed, authorized by the Town Board and issued by the Town Clerk, is in full force and effect.

§ 116-4 Permit exemptions.

The provisions of this chapter shall not apply to and no permit or fee shall be required for the following activities, provided they will not require closure of a public street or substantially impede vehicular traffic:

A. Filming conducted solely for the purpose of reporting news for newspapers, television news and other news media;

B. Filming conducted entirely within a fixed place of business where filming activities are regularly conducted on the premises;

C. Filming conducted for use in a criminal investigation or civil or criminal court proceeding;

D. Filming activities taking place under sponsorship of the Town of LaGrange, whether on public or private property;

E. Noncommercial filming conducted on private property solely for private or family use; and

F. The recording of municipal public meetings, consistent with the provisions of the New York Open Meetings Law.

§ 116-5 Application procedure.

A. Except as herein otherwise provided, every person desiring to engage in filming within the Town of LaGrange shall make application for such permit to the Town Board on a form provided by the Town Clerk, which application shall include the following information and shall be accompanied by a permit fee as hereinafter set forth.

(1) The name, address and day and evening phone numbers of the applicant.

(2) The location or locations of such filming and the date or dates when filming shall take place.

(3) The number of vehicles, equipment and other apparatus proposed to be operated by the applicant and a description of each such vehicle, including license plate numbers, equipment and apparatus.

(4) Production schedule, including a schedule and description of all dangerous activities and use of explosives.

(5) Payment for nonrefundable application fee, as set forth in the Town fee schedule.

(6) Any other relevant information which the Town Board may require from time to time as it deems appropriate.

B. A permit shall be required for each location.

C. If a permit is issued and, due to inclement weather or other good cause, filming does not take place on the dates specified, the Town Clerk may, at the request of the applicant who shall certify that filming did not take place on the dates specified, issue a new permit for filming on other dates subject to full compliance with all other provisions of this chapter. No additional fee shall be paid for this permit.

D. At least 48 hours prior to the issuance of a permit, the applicant shall notify adjacent and abutting property owners in writing by delivering to them a copy of the permit application.

§ 116-6 Filming on private property.

A. No commercial, movie, television program, documentary or similar audio visual production or any portion thereof shall be filmed, videotaped or recorded in any media format or otherwise made on any private property in the Town of LaGrange without first obtaining a permit from the Town Board. Filming in any district zoned commercial, industrial, residential or other shall be permitted subject to the following conditions:

(1) The property must be of adequate size. No heavy equipment may be permitted on septic tanks or leach fields.

(2) All vehicles associated with the filming must be contained on the site or arrangements made to lawfully park vehicles off site.

(3) Travel on local streets to the site is restricted to 7:00 a.m. to 10:00 p.m.

B. Application for a permit shall be submitted to the Town Board on an application form to be provided by the Town Clerk.

C. Permit applications must be submitted at least 30 days prior to the date any on-site activity in connection with filming is commenced.

D. Operational limitations.

(1) Filming shall not be conducted at the same location (i.e., in the same building or at the same street address) more than 30 calendar days within any twelve-month period.

(2) Filming shall not be conducted at the same location within 14 days of another filming.

(3) No applicant shall allow any filming for which a permit has been issued to be conducted prior to 7:00 a.m. or after 10:00 p.m. unless otherwise expressly approved by the Town Board.

(4) No applicant shall allow equipment used in connection with such filming, including but not limited to lights, generators and related equipment, to be set up or operated at the location described in the permit application prior to 7:00 a.m. or after 10:00 p.m. unless otherwise expressly approved by the Town Board.

(5) For residentially zoned districts, filming shall not be conducted at the same location more than twice per calendar year, with at least six months between filming.

(6) The Town Board may, in its discretion, waive any of the restrictions in the subsection and shall be permitted to impose reasonable conditions in doing so.

E. The Town Board shall have the authority to approve or disapprove an application for a permit and to establish such conditions for filming as deemed necessary to protect the health, safety and welfare of the residents of the Town of LaGrange. The Town Board may also extend the hours of filming on public property, subject to any conditions and additional fees deemed necessary and appropriate.

F. The permit holder shall defend and indemnify the Town for any claims asserted by third parties arising out of the issuance of the permit. The obligation to defend and indemnify shall be secured by a certificate of insurance naming the Town of LaGrange as an additional insured. The permit holder must comply with all permit conditions established by the Town Board. The insurance to be provided shall be in the following minimum amounts. The certificate of insurance shall be submitted with the application for the permit.

(1) Property damage: $1,000,000 per individual; $1,000,000 per occurrence.

(2) Personal injury: $3,000,000 per individual; $3,000,000 per occurrence.

(3) Excess liability coverage of an additional $2,000,000.

(4) The Town Board shall be authorized to waive or to reduce the insurance requirements for not-for-profit organizations, or for permit applicants which are similarly situated including projects sponsored for students by a college or a public school district. There shall be no waiver or reduction for filming performed for purposes of product advertising.

G. The Town of LaGrange reserves the right to require one or more on-site police officers in situations where the proposed production may impede the proper flow of traffic, the cost of said police to be borne by the applicant as a cost of production. Where existing electrical power lines are to be utilized by the production, an on-site licensed electrician may be similarly required if the production company does not have a licensed electrician on staff.

H. If any portion of permitted filming will take place on a public street or sidewalk, the Town of LaGrange may require the applicant to submit a cash deposit in amount to be set as permit condition by the Town Board. The deposit shall run in favor of the Town to cover costs incurred by the Town for cleanup of the public space or injury to facilities. The deposit shall be returned upon completion of permitted filming, less costs incurred by the Town for any cleanup or facilities made necessary by the filming under permit.

§ 116-7 Filming on public property.

A. No commercial, movie, television program, documentary or similar audiovisual production or any portion thereof shall be filmed, videotaped or recorded in any media format or otherwise made on any public property in the Town of LaGrange, including but not limited to streets, sidewalks, or parks and buildings without first obtaining a permit from the Town Board. A permit shall be required for the running of cable, the placing or storing of equipment of any kind, the parking of vehicles or any other film-related activity on any public property or any other use of public property for the purpose of making audiovisual productions.

B. Application for a permit shall be submitted to the Town Board on an application form to be provided by the Town Clerk.

C. Permit applications must be submitted at least 30 days prior to the date any on-site activity in connection with filming is to commence.

D. Operational limitations.

(1) No applicant shall allow any filming for which a permit has been issued to be conducted prior to 6:00 a.m. or after 12:00 midnight unless otherwise expressly approved by the Town Board.

(2) No applicant shall allow any equipment used in connection with such filming, including but not limited to lights, generators and related equipment, to be set up or operated at the location described in the permit application prior to 6:00 a.m. or after 12:00 midnight.

E. The Town Board shall have the authority to approve or disapprove an application for a permit and to establish such conditions for filming as deemed necessary to protect the health, safety and welfare of the residents of the Town of LaGrange. The Town Board may also extend the hours of filming on public property, subject to any conditions and additional fees deemed necessary and appropriate.

F. The permit holder shall defend and indemnify the Town for any claims asserted by third parties arising out of the issuance of the permit. The obligation to defend and indemnify shall be secured by a certificate of insurance naming the Town of LaGrange as an additional insured.

G. The permit holder must comply with all permit conditions established by the Town Board. The insurance to be provided shall be in the following minimum amounts. The certificate of insurance shall be submitted with the application for the permit.

(1) Property damage: $1,000,000 per individual; $1,000,000 per occurrence.

(2) Personal injury: $3,000,000 per individual; $3,000,000 per occurrence.

(3) Excess liability coverage of an additional $2,000,000.

(4) The Town Board shall be authorized to waive or to reduce the insurance requirements for not-for-profit organizations, or for permit applicants which are similarly situated including projects sponsored for students by a college or a public school district. There shall be no waiver or reduction for filming performed for purposes of product advertising.

H. The Town of LaGrange reserves the right to require one or more on-site police officers in situations where the proposed production may impede the proper flow of traffic, the cost of said police to be borne by the applicant as a cost of production. Where existing electrical power lines are to be utilized by the production, an on-site licensed electrician may be similarly required if the production company does not have a licensed electrician on staff.

I. Applicant shall post cash or a surety performance bond, in an amount set as a permit condition by the Town Board. The deposit or bond shall run in favor of the Town and protecting and insuring that the location utilized will be left after filming, in a satisfactory condition, free of debris, rubbish and equipment, and that due observance of all Town ordinances, laws and regulations will be followed. Within 21 days of the completion of the filming, the Town will return the cash deposit or the performance bond if there has been no damage to public property or public expense caused by the filming.

J. If any portion of permitted filming will take place on a public street or sidewalk, the Town of LaGrange may require the applicant to submit a deposit, as set forth in the Town fee schedule, to be returned upon completion of permitted filming, less costs incurred by the Town for any cleanup or facilities made necessary by the permitted filming.

§ 116-8 Fees.

Permit fees shall be set forth on the prevailing fee schedule adopted by resolution of the Town Board and as such schedule is modified from time to time by resolution of the Town Board.

§ 116-9 Penalties for offenses.

A. Permits shall be issued by the Town Board. Enforcement of this chapter shall be within the jurisdiction of the Building Inspector. This is a land use regulation. The Building Inspector, and Code Enforcement Officers reporting to the Building Inspector, are authorized to issue appearance tickets.

B. Each separate offense in violation of the provisions of this chapter is a distinct violation. Upon conviction, the violation shall be punished by a fine not to exceed $500 or imprisonment not to exceed 15 days for a first offense. Maximum fines shall be $750 for a second offense and $1,500 for a third or a greater number of offense. The maximum duration of imprisonment shall not exceed 15 days for second, third or greater number of offense. The Town shall be entitled to collect its reasonable attorneys' fees, in an amount to be determined by the court, and collection of the attorney fees award may be exercised by imposition of a tax lien upon the violator's real property located within the Town of LaGrange. The defendant shall be entitled to notice and an opportunity to be heard by the Town Board with respect to the potential tax lien. The notice shall be at least 10 days in duration from the date of mailing by the Town to the last known address of the defendant.