[HISTORY: Adopted by the Town Board of the Town of Greenburgh 5-10-2006
by L.L. No. 3-2006. Amendments noted where applicable.]
A.
The Town Board finds that interest in filming, videotaping
and recording on private and public property has been increasing in the Town
of Greenburgh, for commercial purposes, creating possible hardship, inconvenience,
danger and discomfort to large numbers of citizens and residents of the Town
of Greenburgh because of the inconvenience and disruption of traffic placed
on the public streets and private neighborhoods.
B.
By reason of the foregoing, the Town Board finds that
the health, welfare and safety will be served by adoption of a local law providing
a means of regulating, by license, the undertaking of any filming, videotaping
or recording, in a commercial manner, on private or public property.
C.
The Town Board does hereby ordain and enact this chapter
to accomplish the aforesaid purposes.
No movie, documentary, television program, commercial or similar presentation
or any portion thereof shall be filmed, videotaped, recorded or otherwise
made on any private or public property within the Town of Greenburgh if a
fee is to be paid or anything of value changes hands for such use of the property
unless a license is first obtained from the Greenburgh Town Clerk for the
filming, videotaping or recording.
A.
Applications may be submitted to the Town Clerk in person
or by mail and must contain at least the following information:
(1)
The name of the applicant.
(2)
The location of the property where filming, videotaping,
etc., is to take place.
(3)
Whether the applicant is owner or tenant in possession
of the property; the name of the owner of the property if the applicant is
not the owner.
(4)
The name of the person or entity the applicant wishes
to allow to film, videotape, etc.
B.
The applicant shall submit a use plan showing the days
and hours of proposed operation, parking plans and any mitigating measures
proposed and the name, local address and local telephone number of a person
who will be available 24 hours a day during the activity and who shall have
control of and responsibility for the direction of all participants in the
permitted activity and for the property for which the activity is permitted.
C.
The Town Clerk may seek the advice of the Chief of Police,
Building Inspector and the Commissioner of Public Works in reviewing such
plans.
D.
The Town Clerk may attach conditions and safeguards ensuring
the orderly conduct of the activity and the minimization of impact of such
use and shall specify the duration and hours of operation of such activity.
E.
The Town Clerk shall require an applicant to furnish
the town with a hold-harmless and indemnification agreement, together with
a certificate of insurance relieving the town from any potential liability
by virtue of the applicant's activities. The Town Clerk may further require
the applicant to furnish a copy of the applicant's insurance policy endorsement
naming the Town of Greenburgh as an additional insured. The Town Clerk may
further require the applicant to post a reasonable bond to assure adherence
to the license conditions set forth.
F.
The Town Clerk may further require, as a condition of
any license, that the applicant utilize the services of that number of Town
of Greenburgh police officers that the Chief of Police deems necessary to
ensure the public safety at the location of the filming, videotaping or recording
at a rate consistent with the overtime provisions of the existing collective
bargaining agreement (CBA).
G.
The Chief of Police shall have the power to cause the
conditions set by any special permit granted under this section to be enforced.
H.
Site plan approval by the Planning Board is not required
for a license issued under this section.
Each applicant shall pay a fee to the Town of Greenburgh, set in a fee
schedule determined by the Town Board, for filming, videotaping or recording
on private property per day and a fee, set in a fee schedule determined by
the Town Board, per day for any filming, videotaping or recording on public
property.[1]
A.
Filming, recording, videotaping, etc., for which a license is required under § 348-2 above shall in no event be conducted at the same location (i.e., in the same building or at the same street address) more than any portion of 20 calendar days within any twelve-month period without permission from the Town Clerk.
B.
Unless the Town Clerk provides otherwise, no applicant
shall permit any filming, recording, videotaping, etc., for which a license
has been issued to be conducted prior to 8:00 a.m. or after 7:00 p.m.
C.
Unless the Town Clerk provides otherwise, no applicant shall permit equipment used in connection with such filming, including but not limited to lights and generators, etc., to be operated at the location described in § 348-3A(2) prior to 8:00 a.m. or after 7:00 p.m., and unless the Town Clerk permits otherwise, no applicant shall permit equipment to be used in connection with the filming, videotaping, etc., to be set up outdoors at the location prior to 8:00 a.m., and all such equipment shall be removed from outdoors by 7:00 p.m.
A.
Any person, persons, corporation, company, group or other
entity of any kind who or which fails to obtain the license required herein
or otherwise violates any provision of this chapter shall be guilty of an
offense. Such offense shall be punishable by a fine of not less than $500
per offense or by imprisonment not exceeding 15 days, or by both such fine
and imprisonment. Each day such violation occurs shall constitute a separate
offense.
B.
The imposition of such fine shall not be the Town's
exclusive remedy in the event of a violation of this chapter. The Town may
pursue any and all other legal remedies available to it in connection with
any violation of this chapter.
Notwithstanding any of the foregoing, no applicant who has been previously
convicted of a violation of this chapter shall be granted a license hereunder
for a period of 18 months from the date of such conviction.
|
Fee
|
Type
|
Property
|
|---|---|---|
|
$0
|
Student
|
Public or Private
|
|
$25
|
Public service/teaching, not-for-profit
|
Private
|
|
$50
|
Public service/teaching, not-for-profit
|
Public
|
|
$100
|
Agency advertising
|
Private
|
|
$200
|
Agency advertising
|
Public
|
|
$600
|
Feature film/TV/video
|
Private
|
|
$700
|
Feature film/TV/video
|
Public
|
No license for the use of premises for the making of a film or videotape
production shall be deemed to authorize the violation by any person of any
general or local law, rule or regulation unless specifically authorized in
advance in writing by the Town Clerk after consultation with the Police Chief,
Building Inspector and Commissioner of Public Works.
