[HISTORY: Adopted by the Council of the City
of Rye 12-18-1985 as Section 9 of L.L. No. 17-1985. Amendments noted
where applicable.]
It is the intent of the City to encourage, but
not solicit, producers and others within the mass communications industries,
including filming, television, advertising and commercial photography,
to make use of the City and its environs as a setting for motion-picture
films, television shows, commercials and photographs, but only insofar
as such use is at all times compatible, and does not unduly interfere,
with the lifestyles and day-to-day activities of the City's citizens
and merchants.
For the purpose of this chapter, the following
terms, phrases and words and their derivations shall have the following
meanings given herein:
The recording on film or other medium of movies, commercials,
documentaries, serials, shows, performances or other similar events
or activities, including still photography, but not to include the
coverage of news, political, cultural, local sports or school district
events.
Any realty or personalty or interest therein owned by the
City of Rye, including all streets, parks and public places, lands,
lands underwater, waterfront property, and every estate, interest
and right, legal or equitable, therein.
No person, firm or corporation shall commence
filming in the City of Rye on public or private property, unless the
filming whereon the same is to be conducted, maintained or operated
is licensed in the manner prescribed herein.
The license prescribed by this chapter shall
be issued by the City Clerk. Application shall be made on a form containing
such information as may be determined by the City Clerk, and shall
be accompanied by the production schedule, schedule and description
of all dangerous activities and use of explosives, and list of all
vehicles and their license plate numbers to include both the applicant's
vehicles and vehicles of the applicant's personnel. Each license shall
expire on the date set forth on the license.
No license shall be issued by the City Clerk
until the application has been approved by the City Manager or his
or her designated agent, subject to the following:
A.
If private property is involved, the City Manager shall not approve the application unless the filming will be consistent with the limits for such accessory use set forth in Chapter 197 of this Code or a special exception has been approved by the Board of Appeals pursuant to § 197-82L of this Code.
B.
In his or her approval of the application, the City
Manager or his or her designated agent shall specifically fix the
days and hours of filming.
C.
In his or her approval of the application, the City
Manager or his or her designated agent shall specifically fix the
filming location or locations.
D.
The City Manager or his or her designated agent may
deny any application or limit any license which, in his or her judgment,
would conflict with other scheduled events in the area of the filming
location, would be detrimental to the community because of anticipated
excessive noise, illumination or other effect caused by the proposed
filming, including but not limited to the use of explosives, or would
unduly interfere for an extended period of time with the day-to-day
activities of citizens, property owners or merchants.
E.
Any change in the license holder's planned activities
shall be submitted to the City Manager or his or her designated agent
in advance of the change and approved or denied in the same manner
as the original license application.
The fee to be paid shall be determined by the
City Clerk for each license, including a license for a portion of
a day, as follows:
A.
License fee for use of public property. The minimum
and the maximum fee shall be set by resolution of the City Council.
The City Clerk, in determining the specific fee to be required, shall
take into consideration the following factors which would denote a
greater use of public property and therefore require higher fees:
[Amended 12-20-2000 by L.L. No. 10-2000; 3-30-2011 by L.L. No. 2-2011]
(1)
Use of public parking spaces.
(2)
Use of vehicle travelways requiring the rerouting or directing of
traffic.
(3)
Use of pedestrian travelways requiring the rerouting or directing
of pedestrian traffic.
(4)
Use of public buildings during normal operating hours.
(5)
Use of other public areas during normal operating hours.
(6)
The size of the filming location.
(7)
The number of filming locations.
(8)
The number of hours the filming location or locations will be used.
(9)
Use or involvement of City personnel.
(10)
Use or involvement of City equipment.
(11)
Use of explosives.
(12)
Involvement of dangerous activities.
B.
License fee for use of private property. The fee for
filming on private property shall be set by resolution of the City
Council.
[Amended 2-15-1989 by L.L. No. 2-1989; 12-16-1998 by L.L. No. 12-1998; 12-20-2000 by L.L. No. 10-2000; 12-18-2002 by L.L. No. 10-2002; 3-30-2011 by L.L. No. 2-2011]
A.
The City Clerk, on his own initiative or upon notice
from any public official of the City, is empowered to suspend or revoke,
upon written notice, a license issued pursuant to this chapter for
any of the following reasons:
(1)
Violation by the licensee of any law or ordinance
or any rule or regulation of any agency of the state, county or City,
pertaining to the filming at the licensed location.
(2)
Conviction of a felony.
(3)
Licensee has permitted disorderly conduct at the licensed
location or conduct detrimental to health and safety of others or
constituting a breach of the public place.
(4)
Abrogation of any agreement, written or oral, between
the licensee and the City Clerk or any other public official of the
City.
B.
Revocation of a license pursuant to the above conditions
shall bar such offender from applying for a new license within one
year from the date of revocation.
[Added 2-15-1989 by L.L. No. 2-1989]
[Amended 2-15-1989 by L.L. No. 2-1989]
A.
The applicant must give notice to residents within
500 feet of the proposed filming location pursuant to regulations
promulgated by the City Manager.
C.
Routing of traffic shall be subject to the same provisions as excavations in § 167-13 of this Code.
D.
The filming shall be conducted so as not to interfere
with access to fire stations and fire hydrants. Equipment, materials
or obstructions shall not be placed within 15 feet of fire hydrants.
Passageways leading to fire escapes or fire-fighting equipment shall
be kept free of equipment, materials or obstructions. Parking spaces
for the handicapped shall be kept free of equipment, materials or
obstructions.
E.
A filming permit granted for private property shall
confine such filming to that property, including the storing of all
equipment and vehicles.
F.
Applications for a filming permit must be submitted
five days prior to the first date of filming.
The license shall not be issued until the applicant
shall furnish a policy of insurance in such amount as shall be fixed
by the City Manager or his designated agent and, in any event, in
an amount not less than $1,000,000 indemnifying and saving harmless
the City of Rye, its officers, agents and employees from and against
any claim, loss or damage resulting from the filming operations permitted
under this license in the City of Rye and for the payment of all damages
for bodily injury or property damage which may be caused to any person
by reason of the filming operations performed under the license and
arising from any acts or omissions of the licensee, his agents, employees,
contractors or subcontractors and/or, on public property, a bond in
the amount of not less than $1,000,000 for such purposes. The policy
and/or bond shall be approved as to form and sufficiency by the Corporation
Counsel and filed with the City Clerk. In addition, the applicant
must produce certificates of insurance showing adequate liability
insurance in the applicant's name. Such certificates shall also be
approved by the Corporation Counsel. Further, the City Manager or
his designated agent may require the posting of a bond in an appropriate
case to insure restoration of the filming location.
Any person affected by the fee required by the City Clerk pursuant to § 93-6 of this chapter, or the suspension or revocation of a license pursuant to § 93-6 of this chapter, may request and shall be granted a hearing before the City Manager or his designated agent, provided that such person shall file in the office of the City Manager or his designated agent a written request for such hearing 10 days after being advised of the license fee by the City Clerk or receiving notice of a suspension or revocation from the City Clerk, setting forth a brief statement of the grounds therefor. The City Manager or his designated agent shall set a time and place for such hearing within 30 days after the date on which the request was filed. After a hearing and in consideration of the evidence presented, the City Manager or his designated agent shall sustain or modify the fee, or in the case of suspension or revocation of the license, sustain, modify or withdraw such suspension or revocation.
Any person aggrieved by the action of the City Manager or his designated agent in connection with the denial of an application for a filming license may take an appeal therefrom to the duly constituted Board of Appeals of the City of Rye for review, in the same procedural manner as is provided for zoning appeals, and such Board of Appeals, after proceeding in the same manner as is provided for zoning appeals and with the same power and authority therein vested in passing on appeals before it under the provisions of law and Chapter 197 of this Code and in the exercise thereof, may reverse, modify or affirm the action of the City Manager or his designated agent upon a finding that the action of the City Manager or his designated agent was arbitrary, capricious or not supported by substantial evidence.
Any person, firm or corporation who shall violate
or fail, neglect or refuse to comply with any provision of this chapter
or any rule or determination made thereunder, or who shall undertake
filming in the City of Rye without a license issued hereunder, shall,
upon conviction thereof, be punished by a fine of not more than $250,
or by imprisonment for not more than 15 days, or both such fine and
imprisonment. Each day that a violation continues shall be deemed
a separate offense. Said prosecution and/or conviction shall not be
a bar to a civil action to recover a civil penalty in like amount,
nor shall either be a bar to a civil action by the City or an injured
person for actual damages.
This chapter shall be enforced by the City Clerk.
