Village of Westbury, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Westbury 2-13-2003 by L.L. No. 5-2003. Amendments noted where applicable.]
The Village having received a number of requests in recent years to use public and private areas of the Village for purposes of commercial filming, the Board of Trustees hereby finds that it is in the public interest to require a permit for such use, to establish standards that will govern applications for these permits and to minimize the impact of such activity on the residential community.
As used in this chapter, the following terms shall have the meanings indicated:
FILMING
The recording on film, videotape, digital or other medium of motion pictures, commercials, television, documentaries, shows, performances, athletic or sports events or other similar events or activities, excluding still photography. As used herein, "filming" shall include the use of public or private property for persons, equipment, vehicles, props, cameras and any other items or materials used in connection with such filming. The filming of home movies or videos intended for the exclusive use of the owner and his/her immediate family is exempt from this chapter and is not included within the definition of "filming."
VILLAGE
The Incorporated Village of Westbury.
No person, firm, association or corporation shall commence filming within the Village unless a permit therefor has been issued by the Village Clerk.
A. 
An application for a filming permit shall be made at least 30 days in advance of the proposed filming date, on forms provided by the Village Clerk and shall contain at least the following information.
[Amended 12-1-2016 by L.L. No. 11-2016]
(1) 
Name, address and telephone number of the person or entity making the film.
(2) 
Name, address and telephone number of the location coordinator or other contact person.
(3) 
Purpose of the filming.
(4) 
Specific location of each property to be used in the filming.
(5) 
Dates and times of the day that the property will be used.
(6) 
Name and address of property owner.
(7) 
Consent of the owner of the property.
(8) 
Types of motor vehicles (e.g., sedans, pick-up trucks, vans, etc.) to be brought into the Village for purposes of the filming, and where those vehicles intend to be parked.
(9) 
Such other information as may be required by the Village Clerk.
B. 
The Board of Trustees may grant, deny or grant the permit with restrictions and/or conditions.
C. 
The Board of Trustees may conditionally approve or deny an application for a filming permit if the Board determines, in writing, that it will create a dangerous condition, interfere with the use of the Village streets or public places, create a nuisance to the Village residents or violate any provisions of the Village Code.
A. 
Every permit shall contain a date of commencement and expiration as well as the specific hours during which filming may occur.
B. 
At no time shall filming or the use of equipment therefor be conducted between the hours of 11:00 p.m. and 8:00 a.m.
C. 
No filming shall commence prior to 10:00 a.m. on Sundays.
D. 
The Village Board of Trustees may place further reasonable limitations on hours of operation based on the needs of the particular neighborhood or the existence of conflicting scheduled events.
[Amended 12-1-2016 by L.L. No. 11-2016]
An applicant for a permit under this chapter shall pay the appropriate fee as provided in the Village's permit fee schedule. Such fee shall be paid in cash or check three days prior to the issuance of the permit. This fee, however, may be waived in connection with filming done for a charitable, educational, public service, or other similar nonprofit purpose. Proof of such purpose must be submitted for waiver of fee to be considered. Filming in multiple locations or for multiple days may require separate fees, in the sole discretion of the Village Clerk.
[Amended 12-1-2016 by L.L. No. 11-2016]
The applicant shall pay the actual cost for the incidental use of any Village personnel, services or equipment in connection with filming. The Board of Trustees, in its sole discretion, may require the applicant to pay costs to local businesses whose business may be interrupted as a result of the proposed filming.
[Amended 12-1-2016 by L.L. No. 11-2016]
No permit shall be issued until the applicant has deposited with the Village Clerk a certificate or policy of general liability insurance, including personal injury liability in the amount not less than $2,000,000 bodily injury and property damage combined single limit, or other amount as may be required by the Village Clerk, naming the Village as an additional insured, thereby providing a defense and indemnity from and against any claim, loss or damage resulting from the filming for which the permit is issued.
A. 
The Village Clerk may suspend or revoke a filming permit issued for any of the following reasons:
(1) 
Violation of any law, rule or regulation of the United States, the State of New York, the County of Nassau, the Village or any department or agency thereof.
(2) 
Violation of any condition of the permit.
(3) 
Conduct that is detrimental to the health, safety or welfare of the public.
(4) 
Conduct found to be a nuisance or interference with the activities of residents located within the area for which the permit has been granted.
B. 
A decision of the Village Clerk to suspend or revoke a permit shall be appealable to the Board of Trustees, whose decision thereon shall be final. This decision may be reviewed under the New York Civil Practice Law and Rules by an Article 78 proceeding brought within 30 days of the filing of the Clerk's decision in his office.
C. 
In the event that a permit is suspended or revoked, the fees paid therefor shall be forfeited and shall not be refunded to the applicant.
A. 
Any person, firm or corporation, who or which 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 without a permit therefor, shall, upon conviction thereof, be punished by a fine of not more than $3,000 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation.
B. 
In addition to the penalties set forth hereinabove, the Village may enforce any provision of this chapter by injunction or by civil action to recover a civil penalty in an amount not to exceed $3,000 for each violation.