Village of Atlantic Beach, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Atlantic Beach 3-12-1990; amended in its entirety 10-19-2020 by L.L. No. 4-2020. Subsequent amendments noted where applicable.]
Filming, as defined herein, of any kind is prohibited within the Village unless a permit therefor shall have been issued by the Board of Trustees to avoid any potential disruptive or adverse impacts on the peace and tranquility of the Village. The application for a permit shall be made on forms provided by the Village Clerk; nonrefundable permit fees therefor shall be established by resolution of the Board.
As used in this chapter, the following terms shall have the meanings indicated:
FILMING
The recording for commercial or business use on film, video or other media of motion pictures, commercials, documentaries, shows, performances, athletic or sports events, or the like, excluding still photography, on public or private property and the use of persons, vehicles, props, cameras or any other items, equipment or materials in connection therewith. The filming of home movies or videos by residents intended for noncommercial uses is exempt therefrom and is not included within the definition hereof.
A. 
An application for a permit hereunder shall be made on forms provided by the Village Clerk no less than five business days prior to the date upon which the filming is to commence.
B. 
An application for a permit hereunder shall include the following:
(1) 
Name, address, email address, and telephone number of the applicant and of a contact person for the filming;
(2) 
Name, address, email address, and telephone number of an owner of each property to be used in or for the filming;
(3) 
Purpose of the filming;
(4) 
The dates and times of day that the film is proposed to be made;
(5) 
Signed consent of an owner for each property to be used in or for the filming; and
(6) 
Such other information as the Board of Trustees shall require.
The applicant shall pay, in addition to any application fee herein, the actual cost of the incidental use of any Village personnel, services, or equipment in connection with the filming.
The Board of Trustees may waive application fees in connection with filming for charitable, educational, public service or other similar nonprofit purposes. Nothing herein contained shall require the waiver of such fees.
The Village Clerk or other Village official shall have the authority to grant or deny any application for a permit or may grant the permit with such restrictions and conditions as he may determine to be necessary to avoid creating within the Village a dangerous condition, an unreasonable interference with the use of Village streets or public places, or a nuisance.
A. 
Every permit shall set forth the dates and specific hours during which the filming shall be permitted.
B. 
No filming nor the use of equipment shall be permitted between the hours of 8:00 p.m. and 8:00 a.m. unless otherwise specifically authorized in the permit.
C. 
No filming shall be permitted prior to 9:00 a.m. on Saturdays, Sundays or holidays.
D. 
Nothing herein contained shall prohibit the imposition of such other reasonable limitations or conditions as the Board of Trustee may determine shall be necessary.
A permit holder shall be responsible for any damage to public property or facilities that may result from the permit holder's activities. No alterations are to be made at the locations of principal photography, including, without limitation, cutting trees, trimming bushes, painting or modifying any portion of the boardwalk, or removing or relocating sand from the beach, without the express authorization of the Board of Trustees.
No permit shall be issued until the applicant shall have deposited with the Village Clerk a certificate or policy of general liability insurance, including personal injury and property damage liability. Such insurance shall name the Village and its officers, employees, and representatives as additional insured. The applicant shall indemnify the Village and its officers, employees, and representatives from and against any claim, loss, or damage resulting from the filming for which the permit has been issued.
A. 
The Village Clerk or such other Village official, as designated in the permit, may suspend or revoke a filming permit for any of the following reasons:
(1) 
The violation of any condition of the permit;
(2) 
Conduct that is detrimental to the health, safety or welfare of the public; or
(3) 
The violation of any law, rule or regulation of the United States, of the State of New York, or of the Village or any department or agency thereof.
B. 
The suspension or revocation of a permit may be appealed to the Board of Trustees, the decision of which shall be final.
C. 
Upon the suspension or revocation of a permit, the fee paid therefor shall be forfeit and shall not be refunded.
Every person convicted of a violation of any of the provisions of this chapter shall be punished by and subject to a fine of not more than $2,000 or imprisonment.