[HISTORY: Adopted by the Council of the City of Mount Vernon 8-12-1981, approved 8-13-1981. Amendments
noted where applicable.]
GENERAL REFERENCES
Department of Recreation — See Charter, Art.
VIII-A.
Department of Public Works — See Charter, Art.
IX.
Department of Public Safety — See Charter, Art.
X.
A.
No person, persons, organization, corporation or group of any kind
shall film a commercial, movie, documentary, television program or
any other presentation upon the streets, sidewalks or any other property
within the limits of the City of Mount Vernon without first obtaining
a permit for such activity.
[Amended 9-14-2016, approved 9-16-2016]
B.
Any person, persons, organization, corporation or group desiring
a permit for the aforesaid purpose shall make an application therefor
on a form to be obtained from the office of the City Clerk. Said application
shall contain the name and address of the applicant; the name and
address of the organization, group or corporation, if applicable;
the proposed location of the filming; and the date(s) and time the
permit is intended to cover.
C.
The application
fee shall be $750. However, this fee will be waived for applicants
filming on City property who are required to pay the daily permit
fee.
[Added 9-14-2016, approved 9-16-2016]
[Amended 9-13-2000, approved 9-14-2000]
Every application for a filming permit shall include proof of
a public liability insurance policy, to be approved by the Corporation
Counsel, covering the City of Mount Vernon as an additional insured,
in the amount of $1,000,000 single limit, for the duration of the
filming. The applicant shall also agree to assume all liability for
and will indemnify and hold the City of Mount Vernon harmless of and
free from any and all damages that occur to persons or property by
reason of said filming.
A.
Event application for a filming permit must be approved by the Commissioner
of Public Safety or his designee, as the Department of Public Safety
shall be responsible for any street closing and/or temporary traffic
regulations necessary during filming. Approval of said Commissioner
shall be conditioned upon the applicant's agreeing to provide,
at his or her own expense, any security officers the Commissioner
or his designee deems necessary for the protection of the citizens
or for the direction of traffic during said filming.
B.
No public street shall be closed as a public thoroughfare under the
authority of this chapter for more than three hours on any given day.
[Amended 9-13-2000, approved 9-14-2000]
A.
If said filming is to be done on any public street or sidewalk or
on any other public property not under the supervision of the Commissioner
of Recreation, the following requirements shall also be met:
(1)
Said application shall be approved by the Commissioner of Public
Works.
(2)
Said application shall be accompanied by an administrative fee of
$2,000 per day for filming in the following zoned districts; CB Commercial
Business District, DB Downtown Business District, NB Neighborhood
Business District, and OF Office Business District; $1,500 per day
for all other zoning districts; and after the 7th day, fee shall
be $1,000 per day. For the purpose of determining the applicable administrative
fee under this subsection, a day shall be deemed to begin at 12:01
a.m. and terminate at 12:00 midnight. For film shoots that include
multiple locations, a location fee of $1,000 shall be charged for
each additional location.
[Amended 11-13-2013,
approved 11-14-2013; 9-14-2016, approved 9-16-2016; 7-14-2017, approved 7-14-2017]
(3)
Subject to the discretion of the City Clerk, certain City-owned properties
will require additional rental and permit fees to be determined by
the City Clerk based upon the time, usage, and operations of such
filming, within, near and about said City-owned properties.
B.
The Commissioner of Public Works shall be responsible for supervision
of the area during the duration of the filming. Prior to the issuance
of a permit herein, the applicant shall be required to make a deposit
by cash, certified check or money order with the City Clerk in an
amount to be determined by the Commissioner of Public Works. Said
deposit shall be utilized by the City to reimburse the City for the
costs it incurs in the cleaning and sanitation at and about the location
of such filming. The Commissioner of Public Works shall certify to
the City Clerk the total amount of the costs incurred by the City
in the cleaning and sanitation at and about the location of such filming,
which costs shall be deducted from such deposit and paid to the City.
In the event such costs exceed said deposit, the applicant shall pay
the difference to the City Clerk upon demand. In the event the deposit
exceeds such costs, the City Clerk shall return the difference, without
interest thereon, to the applicant. In the event the City incurs no
costs for the cleaning and sanitation at and about the location of
such filming, then in that event, the applicant's deposit, without
interest thereon, shall be returned to the applicant by the City Clerk.
The Commissioner of Public Works, in his sole discretion, shall determine
the necessity and costs for said cleaning and sanitation services
at and about the location of such filming.
[Amended 9-13-2000, approved 9-14-2000]
A.
If said filming is to be done on any public property under the supervision
of the Commissioner of Recreation, the following requirements shall
also be met:
(1)
Said application shall be approved by the Commissioner of Recreation,
after consultation and coordination with the City Clerk, who has lead
responsibility in processing and administering all film permit requests
on behalf of the City.
[Amended 5-14-2014, approved 5-15-2014]
(2)
Said application shall be accompanied by an administrative fee of:
(a)
One thousand five hundred dollars per day for any one day, or
a portion thereof, of filming and $1,500 per day for each additional
day or any portion thereof. For purposes of this section, "day" shall
be defined as any period of time on any given date occurring between
12:01 a.m. and 12:00 midnight.
[Amended 5-14-2014, approved 5-15-2014]
(b)
Additional permit fees for public properties must be paid pursuant to Chapter 170 of the Code of the City of Mount Vernon.
(c)
If City-operated lighting is required, the applicant must pay
an additional fee as determined by the Commissioner of Recreation
based upon the time, usage and operation of such City-operated lighting.
(3)
If an applicant desires to extend the permit beyond the date(s) set out in the original application, he or she may do so by paying the additional administrative fee as calculated in Subsection A(2) above, provided that such request for the extension is made within 14 days of the last date set out in the permit or the last extension granted thereto, and further provided that the insurance policy, as required by § 128-2, is extended to cover the period of extension.
B.
The Commissioner of Recreation shall be responsible for supervision
of the area for the duration of the filming.
[Amended 9-13-2000, approved 9-14-2000]
Any administration fee collected under this chapter shall be
paid either in cash, money order or certified check made payable to
the City of Mount Vernon.
A.
Upon completion of the application procedure by the applicant, said
application shall be countersigned by the Mayor and the City Clerk,
and a permit shall issue.
B.
Said filming permit shall issue from and be signed by the City Clerk
and shall set forth the name of the filmer and the location, date
and time for such filming.
C.
A copy of said permit shall be forwarded to the Fire Commissioner
by the City Clerk.
D.
A copy of said permit shall be available for inspection by the Commissioner
of Public Safety, Commissioner of Public Works or Commissioner of
Recreation, or their designees, at the site of the filming and throughout
the duration of said filming.
[Amended 9-13-2000, approved 9-14-2000; 7-14-2017, approved 7-14-2017]
Should the applicant choose to cancel or modify any provision
of his or her permit prior to use, notice of such intent must be given
to the City Clerk by 9:30 a.m. two business days prior to the first
day named on said permit; the City Clerk shall immediately notify
all affected departments. Should this date fall on a holiday or a
weekend, notice shall be given to the City Clerk by 9:30 a.m. of the
next business day.
A.
Failure to so notify the City Clerk with regard to a cancellation
will result in the forfeiture of $250 of the administrative fee. Full
refund shall be made to the applicant if proper notice is received.
B.
Failure to notify the City Clerk with regard to a modification will
result in the imposition of an additional administrative fee of $250.
No charge shall be made to modify said permit as to time or place
of filming if proper notice is received.
A.
The provisions of this chapter pertaining to insurance and payment
of fees shall not apply to any department of the City of Mount Vernon,
to any group sponsored by the Board of Education of the Mount Vernon
School District or to any concern filming by reason of a duly executed
contract between itself and the City of Mount Vernon or any department
thereof.
B.
Application for waiver of these provisions may be made to the City
Council, prior to filming, by any nonprofit organization desiring
to obtain a permit under these provisions.
[Amended 9-13-2000, approved 9-14-2000]
Any person, persons, organization, corporation or group not
complying with any provision of this chapter shall be guilty of a
violation punishable by a fine of not more than $1,000 per day or
imprisonment not to exceed 15 days, or both such fine and imprisonment.
