[HISTORY: Adopted by the Floral Park Village Board 2-3-2004
by L.L. No. 2-2004.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Shows, exhibitions and theatrical performances — See Ch. 75.
[1]
Editor's Note: This local law was adopted as Chapter 46 of the
Code but was renumbered to maintain the alphabetical sequence of the chapters.
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 and
any filming for a governmental/municipal access broadcast or in connection
with a news broadcast are exempt from this chapter and are not included within
the definition of "filming."
The Incorporated Village of Floral Park.
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 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
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, pickup 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 9:00 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.
An applicant for a permit under this chapter shall pay an appropriate
fee as determined by the Board of Trustees, but not to exceed $5,000. 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 in a form satisfactory to the Board of Trustees must
be submitted for a waiver of the permit fee to be considered.
The applicant shall pay the actual cost for the incidental use of any
Village personnel, services or equipment in connection with filming.
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 an amount not less than $2,000,000 bodily injury
and property damage combined single limit per Occurrence and naming the Village
as an additional insured, thereby providing a defense for and indemnity of
the Village 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; or
(4)
Conduct found to be a nuisance or an interference with
the activities of residents located within the area of the Village 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. The decision of the Board of Trustees 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 Board of Trustees decision in the Clerk's
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.