[HISTORY: Adopted by the Town Board of the Town of Yorktown 5-17-1994 by L.L. No. 17-1994. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Commercial Filming Law of the Town of Yorktown."
It is the intent of the Town Board of the Town of Yorktown to protect the public health, safety and general welfare by enacting this chapter regulating the filming, videotaping or recording, for commercial purposes, of any movie, television program, advertisement or similar presentation, or any portion thereof, within the Town of Yorktown.
The Town Board of the Town of Yorktown hereby finds at the filming, videotaping or recording, for commercial purposes, of any movie, television program, advertisement or similar presentation or any portion thereof within the Town of Yorktown may create traffic and other public safety concerns requiring additional police regulation to protect the pubic health, safety and general welfare.
All persons desirous of filming, videotaping or recording, for commercial purposes, any movie, television program, advertisement or similar presentation, or any portion thereof, within the Town of Yorktown shall make an application to the Town Clerk. Applications may be submitted to the Town Clerk in person or by mail and shall contain the following information:
The name of the applicant.
The location of the property where the filming, videotaping, etc., is to take place.
Whether the applicant is the owner or tenant in possession of the property. Where the applicant is not the owner of the property, the name of the property owner shall be provided.
The name of the person or entity the applicant wishes to conduct the filming, videotaping, etc.
The days and hours the filming, videotaping, etc., is proposed to take place.
The name of the person who may be conducted during the activity on behalf of the applicant and how much contact may be made.
The Town Clerk shall refer all applications to the Chief of Police. The Chief of Police shall determine whether the proposed operation requires the Police Department to take precautionary action, including the assignment of police on site to protect the public safety, health and welfare. Where necessary, the Police Chief shall recommend conditions and safeguards ensuring the orderly conduct of the activity and the minimization of the impact of such use and shall specify the duration and operation of such activity. All filming, videotaping, etc., which necessitates police support shall require a formal permit to be issued by the Town Clerk. Where the Police Chief determines that no police action is necessary, the Town Clerk shall issue an administrative permit.
[Amended 6-6-2017 by L.L. No. 9-2017]
A fee for an administrative permit shall be in an amount as set forth in the Master Fee Schedule. The fee for a formal permit shall be in an amount as set forth in the Master Fee Schedule, plus the actual cost to the Town for any police officers assigned to monitor the subject activity.
The Town Attorney may require an applicant to furnish the Town of Yorktown 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.
Any person who fails to obtain the permit required herein or who disobeys any provision of this chapter or any condition duly imposed in a permit granted pursuant to this chapter shall, for the first offense, be fined not less than $1,000. For each subsequent offense, such person shall be fined not less than $2,000. Each day that a violation occurs or continues shall constitute a separate offense. As used in this section, "person" means an individual or a corporation.