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:
A. The name of the applicant.
B. The location of the property where the filming, videotaping,
etc., is to take place.
C. 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.
D. The name of the person or entity the applicant wishes
to conduct the filming, videotaping, etc.
E. The days and hours the filming, videotaping, etc.,
is proposed to take place.
F. 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.