[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 1-8-1997 by L.L. No. 1-1997. Amendments noted where applicable.]
It is the intent of the town to facilitate, but not solicit, producers and others within the mass communications industries, including filming, television, advertising and commercial photography, to make use of the town and its environs as a setting for motion-picture films, television shows, commercials and photographs, but only insofar as such use is at all times compatible, and does not unduly interfere, with the lifestyles and day-to-day activities of the town's citizens and merchants.
For the purpose of this chapter, the following terms, phrases and words and their derivations shall have the following meanings given herein:
- The recording on film, videotape or other medium of movies, commercials, documentaries, serials, shows, performances, or other similar events or activities, including still photography, but not to include the coverage of news, political, cultural, local sports or school events.
- Any person, firm, organization or business entity which has been licensed under the provision of this chapter.
- PUBLIC PROPERTY
- Any realty or personal property or interest therein owned by the Town of Mamaroneck, including all streets, parks and public places, lands, lands underwater, waterfront property, and every estate, interest and right, legal or equitable, therein.
No person, firm, corporation, organization or business entity shall commence filming in the Town of Mamaroneck on public or private property, unless the filming to be conducted, maintained or operated is licensed in the manner prescribed herein.
The license prescribed by this chapter shall be issued by the Town Administrator or his designated agent. Application shall be made on a form containing such information as may be determined by the Town Board, and shall be accompanied by the production schedule, schedule and description of all dangerous activities and use of explosives, and list of all vehicles and their license plate numbers, to include both the applicant's vehicles and vehicles of the applicant's personnel. Each license shall expire on the date set forth on the license. Applications shall be filed in the office of the Town Clerk.
No license shall be issued until the application has been approved by the Town Administrator or his designated agent, subject to the following:
In the approval of the application, the Town Administrator or his designated agent shall specifically fix the filming location or locations.
In the approval of the application, the Town Administrator or his designated agent shall specifically fix the days and hours of filming.
The Town Administrator or his designated agent may deny any application or limit any license which, in his 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, traffic disruption 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 or would interfere with the public health, safety and welfare of the town's citizens.
Any change in the license holder's planned activities shall be submitted to the Town Administrator or his designated agent in advance of the change and approved or denied in the same manner as the original license application.
The fee to be paid shall be determined by the Town Administrator for each license, including a license for a portion of a day, as follows:
License fee for use of public property. The minimum fee shall be $500 per day, and the maximum fee shall not exceed $5,000 per day. The Town Administrator, in determining the specific fee to be required, shall take into consideration the following factors which would denote a greater use of public property and therefore require higher fees:
Use of public parking spaces.
Use of vehicle travelways requiring the rerouting or directing of vehicular traffic.
Use of pedestrian travelways requiring the rerouting or directing of pedestrian traffic.
Use of public buildings.
Use of other public areas during normal operating hours.
The size of the filming location.
The number of filming locations.
The number of hours the filming location or locations will be used.
Use or involvement of town personnel.
Use or involvement of town equipment.
Use of explosives.
License fee for use of private property. The fee for filming on private property shall be $150 per day.
The Town of Mamaroneck and the Mamaroneck School District and not-for-profit community agencies operating within the town shall be exempt from such license fee.
The Town Administrator, on his own initiative or upon notice from any public official of the town, is empowered to suspend or revoke, upon written notice, a license issued pursuant to this chapter for any of the following reasons:
Violation by the licensee agents, employees, contractors or subcontractors of any law or ordinance or any rule or regulation of any agency of the state, county or town.
Licensee has permitted disorderly conduct or conduct detrimental to health and safety of others or permitted or allowed conduct constituting a breach of the public peace at the licensed location.
Abrogation of any agreement, written or oral, between the licensee and the Town Administrator or any other public official of the town.
Revocation of license pursuant to the above conditions shall bar such offender from applying for a new license within one year from the date of revocation.
The licensee must give notice to residents of the proposed filming location in manner specified by the Town Administrator or his designated agent.
Noise shall be limited in accordance with the provisions of the Town Code.
Routing of traffic shall be subject to the same provisions as excavations in the Town Code.
The filming shall be conducted so as not to interfere with access to fire lanes and fire hydrants. Equipment, materials or obstructions shall not be placed within 15 feet of fire hydrants. Passageways leading to fire escapes, fire lanes and 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.
A filming permit granted for private property shall confine such filming to that property.
Applications for a filming permit must be submitted five days prior to the first date of filming.
Any additional costs that are incurred by the town by reason of the filming shall be borne by the licensee. Any requirement for the assignment of town personnel shall be determined by the Town Administrator prior to the filming.
The license shall not be issued until the applicant shall furnish a policy of insurance in such amount as shall be fixed by the Town Administrator or his designated agent and, in any event, in an amount not less than $1,000,000 indemnifying and saving harmless the Town of Mamaroneck, its officers, agents and employees from and against any claim, loss or damage resulting from the filming operations permitted under this license in the Town of Mamaroneck and for the payment of all damages for bodily injury or property damage which may be caused to any person by reason of the filming operations performed under the license and arising from any acts or omissions of the licensee, his agents, employees, contractors or subcontractors. In addition, the applicant must produce certificates of insurance showing adequate liability insurance in the applicant's name. Such certificates shall also be approved by the Town Attorney. Further, the Town Administrator or his designated agent may require the posting of a bond in an appropriate case to insure restoration of the filming location.
Any person aggrieved by the action of the Town Administrator or his designated agent in connection with the denial of an application for a filming license may take an appeal therefrom to the Committee for review, consisting of the Town Supervisor and one Town Board member. The Committee shall review such appeal and may reverse, modify or affirm the action of the Town Administrator or his designated agent upon a finding that the action of the Town Administrator or his designated agent was arbitrary, capricious or not supported by substantial evidence.
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 in the Town of Mamaroneck without a license issued hereunder, shall, upon conviction thereof, be punished by a fine of not more than $250, or by imprisonment for not more than 15 days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. Said prosecution and/or conviction shall not be a bar to a civil action to recover a civil penalty in like amount, nor shall either be a bar to a civil action by the town or an injured person for actual damages.
This chapter shall be enforced by the Police Department.
Whenever words of the masculine or feminine gender appear, they shall be deemed both male and female persons. This construction shall apply to gender-indicative suffixes or prefixes as well as to gender-indicative words. Whenever the reference is to a corporation, board, body, group, organization or other entity comprised of more than one person or to an assemblage of persons or to an inanimate object, the reference shall be construed to be neutral in gender.