[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:
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."
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.
