[HISTORY: Adopted by the Town Board of the Town of Shelter Island 6-8-2001
by L.L. No. 8-2001. Amendments noted where applicable.]
A.
These regulations are established to require that all
persons or entities seeking to film within the Town of Shelter Island shall
do so in a manner which limits, to the maximum extent possible, any interference
with normal public activity on public lands and minimizes the inconvenience
or discomfort to adjoining property owners.
B.
These regulations also set forth a fee schedule for filming
and for the use of Town services such as the Shelter Island Police Department
and Highway Department.
This chapter shall apply to all public and private lands within the
Town of Shelter Island other than the Incorporated Village of Dering Harbor.
This chapter shall be enforced by the Shelter Island Police Department
and the Shelter Island Building Department.
As used in this chapter, the following terms shall have the meanings
indicated:
The taking of still or motion pictures, either on film, videotape
or similar recording medium, for commercial purposes intended for viewing
on television or in theaters or for use in print media.
[Amended 4-5-2002 by L.L. No. 3-2002]
Any filming involving the presence of between 25 to 99 persons involved
in the project during the term of the filming permit.
[Added 6-23-2006 by L.L. No. 7-2006;
amended 12-8-2006 by L.L. No. 18-2006]
Any filming involving the presence of 100 or more persons involved
in the project during the term of the filming permit.
[Added 12-8-2006 by L.L. No. 18-2006]
Any filming involving the presence of less than 25 persons involved
in the project during the term of the permit.
[Added 6-23-2006 by L.L. No. 7-2006]
Any land not owned by the Town of Shelter Island.
Any and every public street, highway, sidewalk or square, public
park or playground or other public place within the Town which is within the
jurisdiction and control of the Town.
[Amended 4-5-2002 by L.L. No. 3-2002; 6-23-2006
by L.L. No. 7-2006]
A.
No person shall film or permit filming within the Town of Shelter
Island without first obtaining a major or minor filming permit from the Town
Board, which permit shall set forth the location of such filming and the date
or dates when filming shall take place.
B.
Applications for permits shall be obtained in the office of the
Town Clerk during regular business hours. Applications for such permits shall
be in a form approved by the Town Clerk and shall be accompanied by a nonrefundable
application fee in an amount set by Town Board resolution.
C.
The application must be filed at least 14 days in advance of
the earliest date for which the permit is applied for. If the application
is not timely filed, the applicant shall pay a rush fee, in an amount specified
by Town Board resolution.
D.
One permit shall be sufficient to authorize filming at one or
more locations, provided that such dates on which filming is to take place
at each location shall be specified in the permit. The permit may specify
rain dates for filming.
E.
(Reserved)
F.
No permit shall be issued for filming on or in any private property
unless written consent of the property owner accompanies the application.
Such written consent should state the days on which filming is authorized
to take place, what activities other than filming have been authorized and
that all vehicles shall remain off public land.
A.
No permit shall be issued for filming upon public lands
within the Town of Shelter Island unless the applicant for such permit:
(1)
Provides proof of insurance coverage as follows: a policy
of general liability insurance, including bodily injury for any person in
the amount of $1,000,000 for each occurrence, naming the Town of Shelter Island
as an additional insured.
(2)
Agrees, in writing, to indemnify and hold harmless the
Town of Shelter Island and its authorized representatives from any and all
liability for personal injury or property damage resulting from the issuance
of the permit.
B.
Acceptance of a permit shall constitute an agreement
with the Town of Shelter Island that the permit holder and/or his or her authorized
representative:
(1)
Shall take all reasonable steps to minimize interference
with the free passage of pedestrians and traffic over public lands and shall
comply with all lawful directives issued by the Shelter Island Police Department
with respect thereto.
(2)
Shall conduct all activities in compliance with the ordinances
of the Shelter Island Town Code and any other applicable regulations.
(3)
Shall take all reasonable steps to minimize the creation
and spread of debris and rubbish during filming; shall be responsible for
removing all equipment, debris and other rubbish from the filming location
upon the completion of filming or the expiration of the permit, whichever
comes first; and shall repair any damage to property which may occur and restore
said property to its original condition to the satisfaction of the Superintendent
of Highways.
[Amended 4-5-2002 by L.L. No. 3-2002]
(4)
Shall take all steps necessary to protect and preserve
the environment and the natural resources within the Town and on and under
the waters over which the Town has jurisdiction.
C.
Filming shall be permitted only Monday through Friday
between the hours of 8:00 a.m. and 7:00 p.m. or sundown, whichever is earlier.
D.
The Town Board may refuse to issue a permit whenever
it determines, on the basis of objective facts and after a review of the application
and a report thereon by the Police Department and/or by other Town agencies
involved with the proposed filming site, that filming at the location and/or
time set forth in the application would violate any law or ordinance or would
unreasonably interfere with the public's use of public lands, unreasonably
interfere with the use and enjoyment of adjoining properties, would constitute
a threat to the environment or to the natural resources of the Town, unreasonably
impede the free flow of vehicular pedestrian traffic or otherwise endanger
the public's health, safety or welfare.
E.
The Town Board may authorize a waiver of any of the requirements
or limitations of this chapter and may authorize filming other than during
the hours herein described or may extend the duration of a permit beyond five
consecutive days during any one calendar year or may waive any other limitation
or requirement of this chapter whenever it determines that strict compliance
with such limitations will pose an unreasonable burden upon the neighborhood
and that such a permit may be issued without endangering the public's
health, safety and welfare.
F.
[1]The permit holder shall be responsible for any damage to Town property
or facilities that may result from its activities. The permit holder may not
alter in any way any public or private lands, including, without limitation,
cutting or trimming trees or bushes, excavating or otherwise regrading land,
without written permission of the Town Board or the property owner.
[1]
Editor's Note: Former Subsection F, requiring notification of
the Fire Warden, was repealed 4-5-2002 by L.L. No. 3-2002. This local law
also redesignated former Subsection G as Subsection F.
Filming shall be prohibited on all Town beaches and Town landings from
9:00 a.m. to 5:00 p.m. from June 15 through Labor Day.
[Amended 4-5-2002 by L.L. No. 3-2002; 9-10-2004
by L.L. No. 11-2004; 12-8-2006 by L.L.
No. 18-2006]
Fees shall be as established from time to time by Town Board resolution
and may include the following or additional categories:
A.
Film fee: a fee for each day of filming, differentiating between
major filming, minor filming and mega filming.
[Amended 12-8-2006 by L.L. No. 18-2006]
B.
Cleanup and other cost deposit for public property: a separate
check for each day of filming. This fee shall be reimbursed if the property
is cleaned up and restored to its original condition after filming to the
satisfaction of the Superintendent of Highways, and after any police costs
above and beyond those specified herein have been paid for.
C.
Traffic control: a fee for each police officer for each day of
filming, in an amount as may be recommended by the Chief of Police.
D.
Parking fees: a fee per day per vehicle for each day of filming.
[Amended 12-8-2006 by L.L. No. 18-2006]
E.
Fees are payable in advance at the time of the issuance of the
permit and shall be made by cash or check payable to the Town of Shelter Island,
subject to penalties if the checks are returned for insufficient funds.
F.
The Town Board reserves the right to set a different fee for
nonprofit applicants filming for educational purposes.
A.
The provisions of this chapter shall not apply to:
(1)
The filming of news stories within the Town of Shelter
Island.
(2)
The filming of weddings or similar family events held
by the private property owner on his or her property, providing that no vehicles
or other equipment associated with the filming are located on public land.
(3)
The incidental use of a public sidewalk or street which
does not result in a closing of the street or sidewalk to public use shall
not be considered filming on public land.
A.
Filming activities which involve the use of less than
10 persons and two vehicles and which will not exceed two days of filming
may obtain a permit from the Town Clerk without Town Board review, but subject
to the same fees. The Town Clerk reserves the right to seek the recommendation
of the Police Chief, the Town Attorney or the Town Board prior to the issuance
of such permit.
B.
Permits on private property shall be limited to two per
calendar year per location.
A.
Any person or other entity who shall violate or fail,
neglect or refuse to comply with any provision of this chapter shall, upon
conviction thereof, be punished by a fine of not more than $2,500 or by imprisonment
for a term not exceeding 15 days, or both such fine and imprisonment. Each
violation of any provision of this chapter shall be a separate and distinct
offense; and in case of a continuing violation, every day's continuance
shall be deemed to be a separate and distinct offense.
B.
In addition to the penalties set forth here, the Town
may pursue any and all remedies available to it in law and in equity.
