HomeMy WebLinkAbout1997_1_8_Local_Law_No_1 LOCAL LAW NO. 1 - 1997
SECTION ONE: Intent. 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.
SECTION TWO: Definitions. For the purpose of this chapter, the following terms,
phrases, and words and their derivations shall have the following meanings given herein:
FILMING - 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 district events.
LICENSEE - Any person, firm, organization or business entity which has been licensed
under the provision of this local law.
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.
SECTION THREE: License required. No person, firm, corporation, organization or
business entity shall commence filming in the Town of Mamaroneck on public or private
property, unless the filming is to be conducted, maintained, or operated is licensed in the manner
prescribed herein.
SECTION FOUR: Application for license; issuance; expiration. 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
SECTION FIVE: Approval by Town Administrator. No license shall be issued until the
application has been approved by the Town Administrator or his designated agent, subject to the
following:
A. In the approval of the application, the Town Administrator or his designated agent
shall specifically fix the filming location or locations.
B. In the approval of the application, the Town Administrator or his designated
agent shall specifically fix the days and hours of filming.
C. 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.
D. 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.
SECTION SIX: License Fee. 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:
A. License fee for use of public property. the minimum fee shall be five hundred dollars
($500.00)per day, and the maximum fee shall not exceed five thousand dollars
($5,000.00)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:
(1) Use of public parking spaces.
(2) Use of vehicle travelways requiring the rerouting or directing of vehicular
traffic.
(3) Use of pedestrian travelways requiring the rerouting or directing of
pedestrian traffic.
(4) Use of public buildings.
(5) Use of other public areas during normal operating hours.
(6) The size of the filming location.
(7) The number of filming locations.
(8) The number of hours the filming location or locations will be used.
(9) Use or involvement of Town personnel.
(10) Use or involvement Town equipment.
(11) Use of explosives.
(12) Dangerous activities.
B. License fee for use of private property. The fee for filming on private property
shall be one hundred fifty dollars ($150.00)per day.
C. 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.
D. In the event that a license issued pursuant to this chapter is suspended or revoked
in accordance with the provisions of Section 7 of this chapter, the applicant shall
not be entitled to a refund of any portion of the fee.
SECTION SEVEN: Suspension or revocation of license. A. 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 or any of the
following reasons:
(1) 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.
(2) Licensee has permitted disorderly conduct or conduct detrimental to health
and safety of others or permitted or allowed conduct constituing a breach of the
public peace at the licensed location.
(3) Abrogation of any agreement, written or oral, between the licensee and the
Town Administrator or any other public official of the Town.
B. Revocation of license pursuant to the above conditions shall bar such offender
from applying for a new license within one (1) year from the date of revocation.
SECTION EIGHT: Restrictions and requirements A. The licensee must give notice to
residents of the proposed filming location in manner specified by the Town Administrator or his
designated agent.
B. Noise shall be limited in accordance with the provisions of the Town Code.
C. Routing of traffic shall be subject to the same provisions as excavations in the
Town Code.
D. 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 fifteen (15) feet of fire hydrants. Passageways leading to fire escapes, fire
lanes, 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.
E. A filming permit granted for private property shall confine such filming to that
property.
F. Applications for a filming permit must be submitted five (5) days prior to the first
date of filming.
G. Any additional costs that are incurred by 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.
SECTION NINE: Insurance and bond. 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 one million dollars
($1,000,000.00) 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.
SECTION TEN: Penalties for offenses; additional remedies. 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 he
Town of Mamaroneck without a license issued hereunder, shall, upon conviction thereof, be
punished by a fine of not more than two hundred-fifty dollars ($250.00), or by imprisonment for
not more than fifteen (15) days, or both such fine and imprisonment. Each day that a violation
continues shall be deemed a separated 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.
SECTION ELEVEN: Enforcement. This chapter shall be enforced by the Police Department.
SECTION TWELVE: Severability. Should any provision of this Local Law be declared illegal
or unconstitutional by a court of competent jurisdiction, to the extent that the other provisions of
this Local Law can be implemented without such illegal or unconstitutional provision, such other
provisions shall remain in effect.
SECTION THIRTEEN: Gender Whenever words of the masculine or feminine gender
appear, they shall be deemed to 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 comprising of more
than one person or to an assemblage of persons or to an inanimate object the reference shall be
construed to be neuter in gender.
SECTION FOURTEEN: Effective Date This Local Law shall be effective when filed with the
Secretary of State.
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