[HISTORY: Adopted by the Town Board of the
Town of Mamaroneck 10-3-2022 by L.L. No. 5-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 99,Filmkng
and Videotaping, adopted 1-8-1997 by L.L. No. 1-1997.
It is the intent of the Town Board to allow, but regulate, the
use of property within the unincorporated area of the Town for filming
advertising, motion pictures, television shows, productions that can
be viewed on computers, telephones or other devices, and for taking
photographs to be used in commercial enterprises. Such regulation
is intended to allow such activities in a way that is compatible and
does not unduly interfere with the day-to-day activities of the Town's
residents and merchants.
As used in this section, the following terms shall have the
meanings indicated:
The Town Administrator or a person designated by the Town
Administrator.
The recording, by any medium, of advertising, motion pictures,
television shows, productions that can be viewed on computers, telephones
or other devices and the taking of photographs to be used in commercial
enterprises. Notwithstanding the previous sentence, "filming" does
not include recordings done by or on behalf of the Town, the coverage
of news, political, cultural, local sports or school events, the recording
of public service announcements or recordings done by individuals,
acting alone or with other members of their household or their business
only, who perform such recordings inside buildings on properties which
they occupy as their residence or their place of business.
[Amended 5-3-2023 by L.L.
No. 5-2023]
Any person or entity whose application for a license under
this chapter has been approved.
Any property located within the unincorporated area that
is owned or leased by the Town of Mamaroneck or that the Town of Mamaroneck
has the right to use.
The unincorporated area of the Town of Mamaroneck.
No person or entity shall film in the unincorporated area on
either public or private property, unless a license is issued pursuant
to this chapter.
The license prescribed by this chapter shall be issued by the
Administrator. An application therefor shall be filed in the office
of the Administrator at least seven days before the first day proposed
for filming. It shall be on a form containing such information as
may be determined by the Administrator. At a minimum, the application
shall require i) the proposed location for the filming; ii) the proposed
production schedule; iii) a description of any activities where there
is a risk of injury, such as car chases, jumps or falls from windows
or roofs, fighting, the use of weapons or like activities; iv) a statement
of whether explosives will be used, and if so, where the explosives
will be stored; and v) a list of all vehicles that will be used during
filming or will be driven by the persons engaged in the filming. After
reviewing the application, the Administrator may request such additional
information that in the Administrator's sole judgment is necessary
to determine whether to issue the license.
A.Â
The Administrator may approve or deny any application or place conditions
or limitations on a license if filming on the dates and at the times
requested would conflict with other scheduled events in the area,
would be detrimental to the community because of anticipated excessive
noise, excessive illumination, unreasonable disruption of traffic,
potential danger to persons or property that could be caused by the
proposed filming, or would unduly interfere with the day-to-day activities
of the Town's residents or merchants or would otherwise interfere
with public health, safety and welfare.
B.Â
If the application is approved, the Administrator shall issue a license
which shall specify the days, the hours and the location for filming
and contain the conditions and limitations, if any, imposed by the
Administrator.
C.Â
The filming shall adhere strictly to the information and representations
contained in the application, the submissions that accompany the application
when it is made and any other information submitted to the Administrator.
A.Â
Prior to the first day of filming, the licensee must give written
notice of the filming to properties that are contiguous to the location
of the filming and to residents within 100 feet of that location.
B.Â
The filming shall be conducted so as not to interfere with access
to fire lanes. No objects shall be placed within 15 feet of fire hydrants
or in passageways leading to fire escapes or fire lanes. Accessible
parking spaces shall be kept free of objects.
C.Â
Any costs that are incurred by the Town by reason of the filming
shall be borne by the licensee. The Administrator may estimate such
costs and require the licensee to pay the amount of the estimate before
filming commences.
No more than 15 days of filming shall occur on private property
or on streets lying within the R-TA, R-A, R-GA, R-2F, R-6, R-7.5,
R-10, R-15, R-20, R-30 or R-50 zoning districts in any calendar year.
Upon a showing of undue hardship, the Town Administrator may allow
filming to occur at a property for up to 18 days in a calendar year.
The fees for applying for and for a license itself are listed in § A250-1 of the Code. The Town of Mamaroneck, the Mamaroneck Union Free School District, the United States, the State of New York and the County of Westchester shall be exempt from such fees.
A.Â
The license shall not be issued until the licensee furnishes an insurance
policy in an amount not less than $1,000,000 indemnifying and holding
harmless the Town of Mamaroneck, its officers, agents and employees
from and against any claim, loss or damage that occurs during filming
and for the payment of all damages for death, personal injury or property
damage which may occur during filming by acts or omissions of the
licensee, its agents, employees, contractors or subcontractors. The
insurance policy shall comply with the Minimum Insurance Requirements
for Permits & Use of Property within the Town of Mamaroneck promulgated
from time to time by the Town Administrator.
B.Â
In addition, the applicant must produce certificates of insurance
showing that it is insured against any claim, loss or damage which
may occur during filming and for the payment of all damages for death,
personal injury or property damage which may occur during filming
by acts or omissions of the licensee, its agents, employees, contractors
or subcontractors. Such certificates also shall be approved by the
Town Attorney. Further, the Town Administrator may require the posting
of a bond in an appropriate case sufficient in amount to ensure that
public property and any private property, other than the private property
where the filming will take place, is restored to its condition prior
to filming.
[Amended 12-7-2022 by L.L. No. 9-2022]
Any person aggrieved by the denial of an application for a license
or by the conditions imposed with such license may appeal the Administrator's
decision. Each appeal shall be heard by a Committee, consisting of
the Town Supervisor and one Town Board member designated by the Supervisor
for that appeal. The Committee shall review such appeal and may reverse,
modify or affirm the action of the Town Administrator if the Committee
finds that the action of the Town Administrator was arbitrary, capricious
or not supported by substantial evidence.
A.Â
The Administrator may suspend or revoke a license issued pursuant
to this chapter for any of the following reasons:
(1)Â
Failure when filming to adhere to the information and representations
contained in the application for the license, the submissions that
accompany the application when it is made and any other information
submitted to the Administrator; or
(2)Â
Failure to adhere to the conditions imposed upon the license by the
Administrator; or
(3)Â
Disorderly conduct, conduct detrimental to the health and safety
of others or conduct constituting a breach of the public peace by
the licensee, its agents, employees, contractors or subcontractors;
or
(4)Â
Violation by the licensee, its agents, employees, contractors or
subcontractors of any law or ordinance or any rule or regulation.
B.Â
Notice of the suspension or revocation of a license may be given
orally to the licensee or the person in charge of the filming, by
electronic communication or in writing to the licensee at the address
given by the licensee for such communication.
C.Â
The suspension or revocation of a license shall bar such licensee
from applying for a new license within one year from the date of revocation.
D.Â
If a license is suspended or revoked, the applicant shall not be
entitled to a refund of any portion of the license fee.
It shall be an offense for any person, firm or corporation to
violate or to fails to comply with any provision of this chapter or
any rule or determination made thereunder, or to undertake filming
in the unincorporated area without first securing a license therefor.
A person who commits such offense shall, upon conviction, be punished
by a fine of $250. Each day that a violation occurs shall be deemed
a separate offense.
This chapter shall be enforced by the Town Administrator, the
Deputy Town Administrator, the Building Inspector, any Assistant Building
Inspector, any Code Enforcement Officer, the Director of Building
Code Enforcement and Land Use Administration, the Fire Inspector or
any police officer.
