[HISTORY: Adopted by the Board of Trustees
of the Village of Hewlett Neck 12-4-2000 by L.L. No. 2-2000. Amendments noted where
applicable.]
The Board of Trustees hereby finds that it would
serve the public interest to require a permit for use of property
in the Village for commercial filming and to establish the standards
that will govern application for such permits.
As used in this chapter, the following terms
shall have the meanings indicated:
The recording, on film, tape or other medium, of motion pictures,
commercials, documentaries, shows, performances, athletic or sport
events or other similar events or activities, including still photography,
with the intention that the end product be distributed commercially
or shown or exhibited at any place or locale where an admission fee
is charged. The term "filming" shall not include recording of news,
political events and local sports or school district events by any
person for the purposes of providing news or information about such
activities or events, nor activities contained wholly within any building
in the Village and which involve no physical activity or presence
outside such building. The term "filming" also shall not include any
recording by the Village.
No person, firm, association or corporation
shall commence, conduct, permit or cause filming in the Village of
Hewlett Neck unless a permit therefor has been issued by the Mayor,
upon the prior approval of the Board of Trustees, and unless such
filming is in compliance with the terms and conditions of such permit.
As used herein, "filming" shall include the use of public property
for persons, equipment, vehicles, props, cameras and any other items
or materials used in connection with such filming. Where a permit
for filming has been issued in accordance with this chapter, such
activity shall be authorized in accordance with the conditions of
such permit and shall be deemed to be accessory to the residential
use of the property where such filming is so authorized to take place.
A.
An application for a filming permit shall be made
on forms provided by the Village Clerk and shall contain at least
the following information:
(1)
Name, address and telephone number of the person or
entity owning the rights to the film.
(2)
Name, address, telephone number and written consent
of the owner of the property where the proposed filming is to be conducted,
and the name, address and telephone number of the location coordinator
or other contact person.
(3)
Purpose of the filming.
(4)
Specific location of the property to be used.
(5)
Dates and times of day that the property will be used.
(6)
A description of all vehicles and bulky equipment
to be used in connection with the filming, together with the vehicle
registration identification of all such vehicles.
(7)
Such other information as may be required by the Mayor
or Board of Trustees.
B.
Any change in the planned filming activities for which
a permit has been requested or obtained shall be submitted in advance
of the proposed changes and shall be approved or denied in the same
manner as the original application.
C.
Application for a filming permit must be submitted
at least 10 business days prior to the first date of filming, unless
the Board of Trustees waives this condition for good cause.
A.
The Mayor may deny an application for a filming permit
if it does not comply with the purpose and intent of this chapter
or if the public interest will be served by such denial. The Mayor
may also deny any application for a permit in connection with filming
which, in the Mayor's 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. The Mayor shall deny an application
for a filming permit if the Board of Trustees has not given its approval
and consent to the issuance of such permit.
B.
Every permit shall contain a date of commencement
and an expiration date and shall contain the specific hours during
which filming shall occur. No filming shall take place except in accordance
with the terms and conditions of the permit.
C.
At no time shall filming or the use of equipment therefor
be conducted in the residential area between the hours of 11:00 p.m.
and 8:00 a.m.
D.
At no time shall filming or the use of equipment thereof
be conducted in the downtown area between the hours of 11:00 p.m.
and 8:00 a.m., except that the Board of Trustees may authorize filming
during such hours, upon good cause shown and upon a finding that such
filming will not have any adverse effect on a resident or business
in the Village.
E.
On Sundays, no filming in any area of the Village
may commence before 10:00 a.m.
F.
No filming activity shall intrude or interfere with
the privacy or property of any resident or property owner in the Village
unless a written consent is obtained from said resident or property
owner.
G.
There shall be no rerouting of traffic in connection
with the filming activity except as specifically authorized by the
Board of Trustees as a condition of the permit approval.
H.
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.
I.
The Mayor or Board of Trustees may place further reasonable
conditions and/or limitations on the activity, including hours of
operation, based on the needs of the particular neighborhood or the
existence of conflicting scheduled events, or to protect the public
health, safety and general welfare.
A.
The fee for a filming permit shall be established,
and may be amended, by the Board of Trustees by resolution. The fee
shall be paid in cash or certified check prior to the issuance of
the permit.
B.
In addition, the applicant shall pay the actual cost
for the use of any Village personnel, services or equipment in connection
with the filming. The applicant shall, prior to the issuance of a
permit, pay such costs on an estimated basis and shall also post adequate
security to ensure the payment of any such costs which cannot be reliably
estimated.
A.
The Mayor or Board of Trustees, acting on their own
initiative or upon notice from any person, may suspend or revoke a
filming permit 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 of
Hewlett Neck 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 residents of the Village of Hewlett Neck or that
is detrimental to public or private property within the Village.
B.
A decision by the Mayor to suspend or revoke a permit
shall be appealable to the Board of Trustees, whose decision thereon
shall be final.
C.
In the event that a permit is suspended or revoked,
the fee paid therefor shall be forfeited and shall not be refunded
to the applicant.
D.
Revocation of a filming permit shall bar the offender
from applying for a new permit within one year from the date of the
revocation, and shall bar any further application for a filming permit
at the same premises for a period of one year from the date of revocation.
A.
No permit shall be issued until the applicant has
deposited with the Village Clerk a certificate or policy of liability,
personal, bodily injury and property damage insurance coverage in
an amount not less than $3,000,000 naming the Village of Hewlett Neck,
its officers, agents and employees as additional insured, thereby
providing defense and indemnity from and against any claim, loss or
damage resulting from the filming for which the permit is issued.
B.
In addition, the applicant shall deposit with the
Village Clerk a cash bond or letter of credit in an amount to be determined
by the Board of Trustees to guarantee the reconstruction or restoration
of any public or private property damaged as a result of the filming.
Such bond or letter of credit shall be in a form acceptable to and
approved by the Village Attorney.
A.
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 without a permit therefor, shall, upon conviction thereof,
be guilty of a violation and shall be punished as provided for violations
of this Code.[1]
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 greater
than $2,500 for each day on which a violation occurs.