§ 36-6. Rules and regulations., Chapter 36. Movies and Filming, Code of Ordinances, North Hempstead

No permit shall be issued for filming within the Town of North Hempstead unless the applicant for such permit:

(1)

Provides proof of insurance coverage for damage to property in the amount of $250,000 for any single claim and for any aggregate occurrence in the amount of $1,000,000; for bodily injury for any person in the amount of $500,000 and for any aggregate occurrence in the amount of $2,000,000. Each such insurance policy shall name the Town of North Hempstead as an additional insured party.

(2)

Agrees, in writing, to indemnify and hold harmless the Town of North Hempstead from any and all liability or damages resulting from the use of such public lands.

The holder of a permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public lands and shall comply with all lawful directives issued by the Police Department or by the Town with respect thereto.

The holder of a permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners and/or residents which is attributable to such filming and shall, to the extent practicable, abate noise and park vehicles associated with such filming off the public streets. The holder shall avoid any interference with previously scheduled activities on public lands and shall limit, to the extent possible, any interference with normal public activity on such public lands.

The holder of a permit shall take all reasonable steps to minimize the creation and spread of debris, litter and rubbish during filming and shall be responsible for removing all equipment, debris, litter and other rubbish from the filming location upon the completion of filming or the expiration of the permit, whichever comes first.

The holder of a permit shall notify the appropriate Police and Fire Departments that it intends to film at the authorized location not less than 72 hours before such filming shall commence.

[Amended 7-14-2015 by L.L. No. 7-2015]

The holder of a permit that will allow the closing of a sidewalk, street or other public lands shall notify all properties directly affected by such closing, in writing, not less than 48 hours before such closing shall begin.

When feasible, the Town may require the holder of a permit issued under this chapter to provide notification of a planned filming to residents and businesses within 300 feet of the location of any anticipated parking (if occupying more than three parking spaces) or traffic obstruction. Such notification must be distributed to each resident and business not less than 72 hours in advance of filming, when feasible. Each notification must include the following information:

[Added 7-14-2015 by L.L. No. 7-2015]

(1)

Name of production company.

(2)

Date and times of filming.

(3)

Description of filming activities.

(4)

Local production contact name and phone number.

Editor's Note: This local law also redesignated former Subsections G through J as Subsections I through L, respectively.

Applications for a film permit requiring temporary road closures must be filed with the Office of the Town Clerk no less than 10 days in advance of the filming. Such applications must include a traffic plan showing any scheduled street closures, traffic closures, and proposed detours during the filming activity.

[Added 7-14-2015 by L.L. No. 7-2015]

(1)

In addition to any other requirements imposed by this chapter, a film permit requiring temporary road closures shall be approved by the Clerk unless he or she determines that any of the following conditions exist:

(a)

The filming activity will substantially disrupt the use of a street at a time when it is usually subject to traffic congestion, or interfere with the operation of emergency vehicles in the proposed permit area;

(b)

The location of the filming activity will substantially interfere with street maintenance work or a previously authorized excavation permit;

(c)

The proposed permit location will substantially interfere with municipal functions or previously authorized activities on Town property;

(d)

The filming activity creates a substantial risk of injury to persons or property;

(e)

Any other concerns that may be identified by the Town.

(2)

The Clerk may impose conditions on a film permit requiring temporary road closures, including but not limited to the placement of signage and other traffic control devices by the applicant at the applicant's expense.

Filming hours:

[Amended 3-8-2011 by L.L. No. 5-2011]

(1)

Filming and related activities shall only be permitted between the hours of 7:30 a.m. and 9:00 p.m.

(2)

The arrival and setup of equipment and vehicles and the breakdown of such equipment and vehicles at the end of the filming shall be accomplished within the permitted time period.

(3)

Notwithstanding the above, an applicant may request authorization for modified filming hours, either earlier than 7:30 a.m. or after 9:00 p.m., by submitting a written request to the Town Clerk setting forth the specific dates and hours for which the applicant is seeking to film. A written request for such modified filming hours shall be subject to the following:

(a)

The Town Clerk shall review the request and render a proposed written determination that shall be forwarded to the Supervisor and the Councilperson within whose district the filming is proposed to be conducted.

[Amended 7-14-2015 by L.L. No. 7-2015]

(b)

The Supervisor and the Councilperson shall have three business days to consider the applicant's request and the proposed determination rendered by the Town Clerk, and each may provide comments and/or recommendations to the Town Clerk prior to the expiration of said time period; provided, however, that, when feasible, the Supervisor and the Councilperson shall have one business day to consider an application involving expedited review.

[Amended 7-14-2015 by L.L. No. 7-2015]

(c)

In the event that the Supervisor and the Councilperson provide no comments and/or recommendations, the proposed determination rendered by the Town Clerk shall become final and conclusive and shall be incorporated into the filming permit. In the event that the Supervisor and/or Councilperson provide comments and/or recommendations contrary to the proposed determination rendered by the Town Clerk, those comments and/or recommendations shall prevail, be final and conclusive, and shall be incorporated into the filming permit.

Upon receipt of an application for a permit with a filming location in a Town facility, the Town Attorney, or his/her designee, shall contact the applicant for the purpose of notifying the applicant of any additional fees necessary for the use of the Town facility pursuant to § 36-9 herein and further for the purpose of entering into a license agreement for the use of the Town facility. The Town Clerk shall not approve such an application unless and until such fees and license are agreed upon to the satisfaction of the Town Attorney or his/her designee.

[Added 9-12-2012 by L.L. No. 12-2012; amended 7-14-2015 by L.L. No. 7-2015]

Any permits issued hereunder shall not be transferable.

[Added 9-12-2012 by L.L. No. 12-2012]

The holder of a permit agrees to abide by all provisions of this chapter, the specific terms and conditions of the permit, and all applicable Town, state, and federal laws or rules.

[Added 9-12-2012 by L.L. No. 12-2012]