Loading...
HomeMy WebLinkAboutLL-2001 #06 NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41STATESTREET, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of SOUTItOLD LOCAL LAW NO. 6 - 2001 A Local Law in relation to Filming. BE IT ENACTED by the Town Board of the Town of Southold, as follows: Chapter 44A § 44A-1 Purpose. Filming The Town Board of the Town of Southold recognizes that the town's natural beauty and historical sites are attractive to individuals, organizations, corporations, groups and other entities involved in the businesses of still photography, motion pictures and television, Because such filming activities may create a threat to public safety, health or welfare due to the time, location or duration of the filming, or may unduly interfere with vehicular and/or pedestrian traffic, the town desires to regulate such activities through the issuance of permits. The purpose of this local law is to set forth the procedure governing such permSt process. § 44A-2 Permit required. General. A permit issued pursuant to this chapter is required prior to any person, organization, corporation, group or other entity engaging in the activity of filming or photographing a commercial, movie, documentary, television program, catalog or magazine layout, or any other presentation upon the streets, sidewalks or any other property owned by the Town of Southold, exclusive of the Village of Greenport. The application process for obtaining a permit is set forth in § 44A-3. Exemption. A permit pursuant to this chapter shall not be required if five or fewer individuals constitute the entire cast and crew engaged in one of the activities described in Subsection A above. § 44A-3 Application for a permit. Application form. An applicant may obtain an application form from the Town Chief of Police or the Town Clerk. The information requested on the application form shall include, without limitation, the following: (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev. 11/99) (1) (1) (2) (3) (4) (5) (6) The name address of the applicant, The proposed location(s) of the filming or still photography. The date(s) and time(s) the permit is intended to cover. The number in the cast and crew. The number of vehicles. The person in charge on site. Submission to Town Clerk. The following materials shall be submitted by the applicant to the Town Clerk at least seven days before the proposed date to start the filming or still photography: (1) (2) (3) A completed application form. A one-hundred-dollar nonrefimdable application fee. A certificate of insurance and indemnification agreement pursuant § 44A-11. Review by Chief of Police. The Town Clerk shall forward the application to the Chief of Police for approval or disapproval. Said approval or disapproval shall be based on the Chief of Police, or his designee, making a determination on whether the proposed filming or still photography will constitute a threat to public safety, health or welfare by reason of time, location or duration of the activity or will unduly interfere with vehicular and/or pedestrian traffic. Approval of the application by the Chief of Police, or his designee may be conditioned on the payment of the traffic control fee set forth in § 44A-4. The Chief of Police shall send the approved or disapproved application back to the Town Clerk. Review by Town Attorney. The Town Clerk shall forward the certificate of insurance and the indemnification agreement to the Town Attorney for approval. The Town Attorney shall send such approved or disapproved documents back to the Town Clerk. Permit fee. The To~vn Clerk shall calculate the permit fee required to be paid by an approved applicant as follows: (1) Film fee. One hundred dollars per day shall be paid for each day covered by the permit. (2) Cleanup deposit. A separate certified check in the amount of $250 for each day covered by the permit shall be paid pursuant to § 44A-5. (3) Traffic control fee. One thousand dollars shall be paid for each day covered by the permit if the Chief of Police, or his designee, requires payment of the traffic control fee pursuant to § 44A-4. (4) Beach parking fee. If the permit includes one or more town beaches as location sites, a ten-dollar-per-vehicle fee for each day covered by the permit shall be paid if the permit covers any day falling between May 1 through September 30. Issuance of permit. The Town Clerk shall countersign an approved application. The Town Clerk shall collect the permit fee calculated pursuant to Subsection E from the applicant. Payment of the permit fee shall be in the form specified in § 44A-6. Upon payment of the permit fee, the Town Clerk shall issue the permit to the applicant. The permit shall set forth the name of the applicant and the location(s), date(s), and time(s) of the filming or still photography. § 44A-4 Traffic control fee. In the event that the Chief of Police or his designee determines that the police officers or traffic control officers will be necessary for the protection of the citizens or for the control of traffic during the filming or still photography, the applicant shall submit to the Town Clerk a fee of $1,000 for each day covered by the permit pursuant to Subsection F of § 44A-3. If the Chief of Police determines that the one-thousand-dollar-per-day traffic control fee will be fully expended prior to the termination of the permit period) the Chief of Police shall notify the Town Clerk. The Town Clerk shall contact the applicant in writing and require payment of additional sum of money, said specific amount to be determined by the Chief of Police based on the salaries and the number of hours to be worked by the town police and traffic control personnel. Said additional traffic control fee shall be paid within seven days of said notice. The applicant's failure to pay such additional fee within said seven-day period shall result in the Town Clerk's providing the applicant with written notice that the permit has been suspended and the date of such suspension. The applicant's receipt of the Town Clerk's suspension notice shall not be construed as altering the date of suspension set forth in said written notice, the effective date of the suspension being the day immediately following the completion of the seven-day notice period. The procedure set forth in Subsection B may be repeated as necessary to ensure that the applicant pays for all costs included by the town in providing traffic control services. After termination of the filming, the Chief of Police shall provide the applicant with a statement regarding the actual cost to the town of providing said police officers or traffic control officers. If the actual cost is less than the moneys that the town has collected pursuant to Subsection A, B or C, the town shall remit the balance to the applicant. If the actual cost ~s more that the moneys that the town has collected pursuant to Subsections A. B or C) the applicant shall be responsible for providing the balance to the town within 30 days of the termination of the filming or still photography. The Chief of Police shall forward a copy of the statement of actual cost to the Town Clerk who will file said statement with the original application form. § 44A-5 Cleanup deposit. Each applicant whose application has been approved shall give the Town Clerk a certified check in the mount of $250 for each day covered by the permit, which check shall be held and not deposited by the town during the duration of the permit period. At the termination of the permit per/od, the Town Superintendent of Highways, shall inspect the locations listed on the permit and determine if the locations require cleanup efforts by town personnel. If cleanup is required, the Town Superintendent of Highways, will coordinate that effort. Said Superintendent will provide the Town Clerk with a statement setting forth the actual cost to the town of providing said cleanup services. If the actual cost is less than the deposit collected pursuant to Subsection A, the town shall remit the balance to the applicant. If the actual cost is more than the deposit collected pursuant to Subsection A, the applicant shall be responsible for providing the balance to the town within 30 days of the termination of the filming or still photography. Do If no cleanup is required, the Town Superintendent shall notify the Town Clerk of that fact, and the Town Clerk shall promptly remit the certified check to the applicant. § 44A-6 Payment of fees. Any fee collected under this chapter shall be paid either in cash or by certified check made payable to the Town of Southold and shall be delivered to the Town Clerk. § 44A-7 No donations accepted. Other than the required fees, the town shall not accept any donations from the applicant in connection with the granting of the permit. In addition, no town official or employee shall make a recommendation to the applicant regarding a donation to a third party. § 44A-8 Notice. The Town Clerk shall give notice to the Chief of Police, the Chief Building Inspector, the Code Enforcement Officer, the Fire Marshal, the Superintendent of Highways and the Superintendent of Parks and Recreation of each permit issued pursuant to this chapter. § 44A-9 No alterations to town property. A permit holder shall be responsible for any damage to town property or facilities that may result from the permit holder's activities. No alterations are to be made at filming or photography sites, including, without limitation, cutting trees, digging holes and trimming bushes, without the express authorization of the Town Board. § 44A-10 Compliance with other laws. Issuance of a permit pursuant to this chapter does not relieve the permit holder of its duty to comply with all other town local laws, ordinances and regulations during the duration of the filming or photography. § 44A-11 Insurance requirements. Evc~ application for a permit pursuant to this chapter shall include a certificate of insurance that evidences a public liability insurance policy covering the town as an additional insured in the minimum amount of the $1,000,000 per occurrence for the duration of the filming or still photography. The applicant shall also submit an indemnification agreement that states that the applicant agrees to assume all liability for and will indemnify and hold the town harmless of and free from any and all damages that occur to persons or property by reason of said filming or still photography. § 44A-12 Permit available at film site. The permit holder shall be required to have the permit available for inspection by the Town Police Department, or its designees, at the site of the filming or still photography for the duration of the permit period. § 44A-13 Extension of permit period. An applicant which has been granted a permit may submit to the Town Clerk a request to extend the duration of the permit. The Chief of Police. or his designee, will make the decision whether or not to grant such request. If permission is granted, the Town Clerk shall collect from the applicant an additional $100 for each additional day added to the permit period. The Town Clerk shall then modify the applicant's permit to indicate the granted extension period. § 44A-14 Penalties for offenses. Any action by any person, organization, corporation, group or other entity which violates or does not comply with any prowsion of this chapter shall be punishable by a fine of not less than $100 and not more than $1,000, and, in addition, anyone convicted hereunder of not complying with the requirements of § 44A-4 and/or § 44A-5 maybe subject to a fine of not less than the amount of the actual costs incurred and owed to the town, and not more than an amount to twice said actual costs. B. Each continuing day of violation of this chapter shall constitute a separate offense. In addition to the above provided penalties, the town may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of this chapter. § 44A-15 Severability. The provisions of this Law are severable. In any provision of this local law or its application to any person or circumstance is held invalid, said invalidity shall not affect any other provision or application of this local law which can be given effect without the invalid provision or application of the local taw. § 44A-16 When effective. This Local law shall take effect immediately upon filing with the Secretary Of State as provided by law. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 6 of 20 01 the, ..... ~,,v..j,,Town), ..... ~,v) of SOUTHOLD was duly passed by the TOWN BOARD on February 27 ,20 01 , in accordance with the applicable provisions of taw. of 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 __, and was (approved)(not approved)(repassed after disapproval) by the and was deemed duly adopted on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the apphcable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village)_ of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20 Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperso~n of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power ro approve or veto local laws or ordinances. (2) 5. (City local law concerning Charter ~evision proposed by Petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendttm pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 __, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 __ of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a mai ority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of f'mal adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was fmally adopted in the manner indicated in paragraph 1 , above. Clerk of th~-~n~-legislttive body.~y. 2town or ~-~llage Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk (Seal) Date: March 1~ 2001 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the l°cal law ann~(~f~s~. ~r'~--~~, on, E Assistant Town Attorney Gregory, F. Yakaboski, Esq. Town Attorney Title City Town of SOUTHOLD Date: (3) March 1~ 2001 RECEIVED MAB 2 1 2001 ~ohl Tov,,n Clerk STATE OF Nm YORK DEPARTMENT OF STATE 4.1 STATE STREET ALBANY, NY 1223 I -000 I ALEXANDER F. TREADWELL March 14, 2001 ELIZABETH A. NEVILLE TOWN HALL 53095 Main Road P.O. Box 1179 SOUTHOLD, NY 11971 RE: Town of Southold, Local Law 6, 2001, filed 03/06/2001 The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Joseph P. Brozowski Principal Clerk State Records & Law Bureau (518) 474-2755 WWW. DOS.STATE. NY. US · E-MAIL: INFO{(~ DOS. STATE. NY. US ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION O~T~u Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765~6145 Telephone (631) 765-1800 CERTIFIED MAIL RETURN RECEIPT ~ New York State Dep~ State Records and Law 41 State Street Albany, NY 12231 RE: Local Law Nu: Town of Soutl~ 3/5/2001 ~ _7 9 4_9_¢_5_~ Ms. Elizabeth A. Neville: The following mate¢ial has been received and will be processed for inclusion in your Code as supplemental pages (where applicable): Local Law Nos. 5-200! and 8-200t General Code Publishers Phone: 800/836-8834 Fax: 716/328-8189 E-mail: s~l~s~j~generaloode.com Town ol Southold. C/O Clerk's Office PO Box 1179 RECEIVED Southotd, NY !! g71 MAR I 2 2001 Southold lown Clerk Dear Sirs: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified dopies of Local Law Nmbers 5 & 6 of 2001 of the Town of Southold suitable for filing in your office. I would appreciate if you U.S. Pos.t. al Service ~I~P:i I¥'0-D MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) I-1 m LL 5 & 6 of 2001 To~al PosLage ~'es ' ~. .': r-I ~ eet Postmark Here .- I:l r~au .... ~ L__~,Albany, NY 12231 IPS Form 3800. Februar 2000 See 3811, July 1999 Domestic Return Receipt the of the enclosures SECTION ON DELIVERY ,~livery Jross dilrerc.;rlL trom ilem 17 delive~j address below: [] Agent []Addressee ~,/~¢~. [] Yes '~ [] No ~ ..... '4ail [] Express Mail ~d [] Return Receipt for Merchandise · -- ha [] C.O.D. iJelivery? (Extra Foe') [] Yes t02595-00-M'0952 STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town ~of Southold, New York being duly sworn, says that on the ](~'t~ day of ["40rklJ. A~t~ , 2001, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. NOTICE OF PUBLIC HEARING TO BE HELD ON: FEBRUARY 27, 2001 AT 5:02 PM 1. A Local Law in Relation to Filming -- El~abeth A. Nevill~- Southold Town Clerk Sworrt before me this 1~~ day of .~>4jo_m,to~, 2001. "'" N4~ary,eulSlic PUBLIC HEARING FEBRUARY 27, 2001 5:02 P.M. ON A PROPOSED "LOCAL LAW/N RELATION TO FILMING". Present: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski SUPERVISOR COCHRAN: We now have a hearing on a "Local Law in Relation to Filming". It will be read by Councilman Richter. COUNCILMAN RICHTER:" NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 13th day of February 2001, a Local law entitled "A Local Law in relation to Filming", NOTICE IS FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, and hereby sets 5:02 p.m., Tuesday, February 27, 2001, as the time and place for a public hearing at which time all interested persons will be heard. The proposed "Local Law in relation to Filming" which includes the following: LOCAL LAW NO. - 2001 A Local Law in relation to Filming. BE IT ENACTED by the Town Board of the Town of Southold, as follows: Chapter Filming § .Purpose. The Town Board of the Town of Southold recognizes that the town's natural beauty and historical sites are attractive to individuals, organizations, corporations, groups and other entities involved in the businesses of still photography, motion pictures and television, Because such filming activities may create a threat to public safety, health or welfare due to the time, location or duration of the filming, or may unduly interfere with vehicular and/or pedestrian traffic, the town desires to regulate such activities through the issuance of permits. The purpose of this local law is to set forth the procedure governing such permit process. § Permit required. A. General. A permit issued pursuant to this chapter is required prior to any person, organization, corporation, group or other entity engaging in the activity of filming or photographing a commercial, movie, documentary, television Filming 2 program, catalog or magazine layout, or any other presentation upon the streets, sidewalks or any other property owned by the Town of Southold, exclusive of the Village of Greenport. The application process for obtaining a permit is set forth in § __ B. Exemption. A permit pursuant to this chapter shall not be required if five or fewer individuals constitute the entire cast and crew engaged in one of the activities described in Subsection A above. Application for a permit. A. Application form. An applicant may obtain an application form from the Town Chief of Police or the Town Clerk. The information requested on the application form shall include, without limitation, the following: (1) The name and address of the apphcant, (2) The proposed location(s) of the filming or still photography. (3) The date(s) and time(s) the permit is intended to cover. (4) The number in the cast and crew. (5) The number of vehicles. (6) The person in charge on site. B. Submission to Town Clerk. The following materials shall be submitted by the applicant to the Town Clerk at least seven days before the proposed date co start the filming or still photography: (1) A completed application form. (2) A one-hundred-dollar nonrefundable application fee. (3) A certificate of insurance and indemnification agreenlent pursuant § Review by Chief of Police. The Town Clerk shall forward the application to the Chief of Police for approval or disapproval. Said approval or disapproval shall be based on the Chief of Police, or his designee, making a determination on whether: the proposed filming or still photography will constitute a threat to public safety, health or welfare by reason of time, location or duration of the activity or will unduly interfere with vehicular and/or pedestrian traffic. Approval of the application by the Chief of Police, or his designee may be conditioned on the payment of the traffic control fee set forth in §. The Chief of Police shall send the approved or disapproved application back to the Town Clerk. Review by Town Attorney. The Town Clerk shall forward the certificate of insurance and the indemnification agreement to the Town Attorney for approval. The Town Attorney shall send such approved or disapproved documents back to the Town Clerk. Permit fee. The Town Clerk shall calculate the permit fee required to be paid by an approved applicant as follows: (1) Film fee. One hundred dollars per day shall be paid for each day covered by the permit. (2) Cleanup deposit. A separate certified check in the amount of $250 for each day covered by the permit shall be paid pursuant to § Filming 3 (3) (4) Traffic control fee. One thousand dollars shall be paid for each day covered by the permit if the Chief of Police, or his designee, requires payment of the traffic control fee pursuant to § Beach parking fee. If the permit includes one or more town beaches as location sites, a ten-dollar-per-vehicle fee for each day covered by the permit shall be aid if the permit covers any day falling between May 1 through September 30. F. Issuance of permit. The Town Clerk shall countersign an approved application. The Town Clerk shall collect the permit fee calculated pursuant to Subsection E from the applicant. Payment of the permit fee shall be in the form specified in § Upon payment of the permit fee, the Town Clerk shall issue the permit to the applicant. The permit shall set forth the name of the applicant and the location(s), date(s), and time(s) of the filming or still photography. Traffic control fee. A. In the event that the Chief of Police or his designee determines that the police officers or traffic control officers will be necessary for the protection of the citizens or for the control of traffic during the filming or still photography, the applicant shall submit to the Town Clerk a fee of $1,000 for each day covered by the permit pursuant to Subsection F of § B. If the Chief of Police determines that the one-thousand-dollar-per-day traffic control fee will be 'fully expended prior to the termination of the permit period) the Chief of Police shall notify the Town Clerk. The Town Clerk shall contact the applicant in writing and require payment of additional sum of money, said specific amount to be determined by the Chief of Police based on the salaries and the number of hours to be worked by the town police and traffic control personnel. Said additional traffic control fee shall be paid within seven days of said notice. The applicant's failure to pay such additional fee within said seven- day period shall result in the Town Clerk's providing the applicant with written notice that the permit has been suspended and the date of such suspension. The applicant's receipt of the Town Clerk's suspension notice shall not be construed as altering the date of suspension set forth in said written notice, the effective date of the suspension being the day immediately following the completion of the seven-day notice period. C. The procedure set forth in Subsection B may be repeated as necessary to ensure that the applicant pays for all costs included by the town in providing traffic control services. D. After termination of the filming, the Chief of Police shall provide the applicant with a statement regarding the actual cost to the town of providing said police officers or traffic control officers. If the actual cost is less than the moneys that the town has collected pursuant to Subsection A, B or C, the town shall remit the balance to the applicant. If the actual cost is more that the moneys that the town has collected pursuant to Subsections A. B or C) the applicant shall be responsible for providing the balance to the town within 30 days of the termination of the filming or still photography. Filming 4 E. The Chief of Police shall forward a copy of the statement of actual cost to the Town Clerk who will file said statement with the original application form. §. Cleanup deposit. A. Each applicant whose application has been approved shall give the Town Clerk a certified check in the amount of $250 for each day covered by the permit, which check shall be held and not deposited by the town during the duration of the permit period. B. At the termination of the permit period, the Town Superintendent of Parks and Recreation of the Town Superintendent of Highways, as appropriate, shall inspect the locations listed on the permit and determine if the locations require cleanup efforts:by town personnel. C. If cleanup is required, the Town Superintendent of Parks and Recreation or the Town Superintendent of Highways, as appropriate, will coordinate that effort. Said Superintendent will provide the T own Clerk with a statement setting forth the actual cost to the town of providing said cleanup services. If the actual cost is less than the deposit collected pursuant to Subsection A, the town shall remit the balance to the applicant. If the actual cost is more than the deposit collected pursuant to Subsection A, the applicant shall be responsible for providing the balance to the town within 30 days of the termination of the filming or still photography. D. If no cleanup is required, the Town Superintendent shall notify the Town Clerk of that fact, and the Town Clerk shall promptly remit the certified check to the applicant. § Payment of fees. Any fee collected under this chapter shall be paid either in cash or by certified check made payable to the Town of Southold and shall be delivered to the Town Clerk. § No donations accepted. Other than the required fees, the town shall not accept any donations from the applicant in connection with the granting of the permit. In addition, no town official or employee shall make a recommendation to the applicant regarding a donation to a third party. §. Notice. The Town Clerk shall give notice to the Chief of Police, the Chief Building Inspector, the Code Enforcement Officer, the Fire Marshal, the Superintendent of Highways and the Superintendent of Parks and Recreation of each permit issued pursuant to this chapter. § No alterations to town property. A permit holder shall be responsible for any damage to town property or facilities that may result from the permit holder's activities. No alterations are to be made at filming or photography sites, including, without limitation, cutting trees, digging holes and trimming bushes, without the express authorization of the Town Board. § Compliance with other laws. Issuance ora permit pursuant to this chapter does not relieve the permit holder of its duty to comply with all other town local laws, ordinances and regulations during the duration of the filming or photography. § Insurance requirements. Every application for a permit pursuant to this chapter shall include a certificate of insurance that evidences a public liability insurance policy covering the town as an additional insured in Filming 5 the minimum mount of the $1,000,000 per occurrence for the duration of the filming or still photography. The applicant shall also submit an indemnification agreement that states that the applicant agrees to assume all liability for an will indemnify and hold the town harmless of and free from any and all damages that occur to persons or property by reason of said filming or still photography. § Permit available at f'dm site. The permit holder shall be required to have the permit available for inspection by the Town Police Department, or its designees, at the site of the filming or still photography for the duration of the permit period. §. Extension of permit period. An applicant which has been granted a permit may submit to the Town Clerk a request to extend the duration oft he permit. The Chief of Police, or his designee, will make the decision whether or not to grant such request. If permission is granted, the Town Clerk shall collect from the applicant an additional $100 for each additional day added to the permit period. The Town Clerk shall then modify the applicant's permit to indicate the granted extension period. § Penalties for offenses. A. Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine of not less than $100 and not more than $1,000, and, in addition, anyone convicted hereunder of not complying with the requirements of § and/or § maybe subject to a fmc of not less than the amount of the actual costs incurred and owed to the town, and not more than an amount to twice said actual costs. B. Each continuing day of violation of this chapter shall constitute a separate offense. C. In addition to the above provided penalties, the town may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of this chapter. §. Severability. The provisions of this Law are severable. In any provision of this local law or its application to any person or circumstance is held invalid, said invalidity shall not affect any Other provision or application of this local law which can be given effect without the invalid provision or application of the local law. § When effective. This Local law shall take effect immediately upon filing with the Secretary Of State as provided by law. BY ORDER OF THE SOUTHOLD TOWN BOARD OF THE TOWN OF SOUTHOLD, FEBRUARY 13, 2001. Elizabeth A. Neville, Southold Town Clerk." I guess the gist is if you have more than five people you need to have a permit. COUNCILMAN MOORE: Most of these guys know to come and ask for it. SUPERVISOR COCHRAN: We get calls all the time. People that want to do still photography for advertisements, or last year you may have notice over in the parking lot here for almost a week with the iron board set up in the parking lot, and they are pressing the dresses and the costumes. They were using the railroad station. They usually come in and ask, Filming 6 do you have a permit? We found that when the filming was done in Greenport a couple of years ago, what was his name? Brad Pitt, and so forth, Harrison Ford, we found there was a great deal of traffic control that was needed, and so we sat down with them, and we figured what would have to be supplied through the police department, and then they paid us for it, because we don't feel that this additional service that we have to provide to keep law and order in the community should be paid by the taxpayers, so they are pretty good about it. They come in expecting to have to get a permit. I have had everybody on the south side say, Jean, get a permit, because they.just kind of tend to come in and take over the whole world, so this will keep some control on it, and I am pleased to see that it is with us. You are not finished yet? COUNCILMAN RICHTER: No, I am sorry. The affidavit was posted on the Town Clerk's Bulletin and in the local paper, but I have a question myself on that. Would that include us in that press conference today in front of Town Hall with more five people? SUPERVISOR COCHRAN: Don't get carded away, Craig. Thank you. Is there anyone that would like to address us pro or con on the filming? (No response.) If not, I will close the hearing. Southold Town Clerk STATE OF NEW YORK) )SS: C O~.~UFF~.~..~,.. of M attituck, in said county, being c~uly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, pub- lished at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a pdnted copy, has been regularly pub- lished in said Newspaper once each week for I weeks successively, commencing on ~, the ~ day of ~ ~.: '..~.', T..'~', 20 · Sworn to before me this ~-- day of '"~-~ · 20 (~) t · · * the permit shaIl bc paid per- mine if the Ioca~.~ns reqmre NOTICE OF PUBLIC HEARING NOTICE tS HEREBY GIVEN that there has been presented to the Town Board of Town of Sou/hold County, New York, on the {3th day of February 2001. a Local Law entitled "A Local Law in relalion lo Fifining'. NOTICE IS FURTHER GIVEN that the Town Board of the Town of South·Id will hold a public hearing on the aforesaid Local Law at the South·Id Town Hall. 53095 Main Road, South·Id, New York, and hereby sets 5:02 p.m., Tuesday. February 27. 2001, 9s the time and place for a public hear- ing at which time all interested persons will be heard. The pro,p, osed "Local Law n re alton o Film rig' which ncludes the following: LOCAL LAW NO. -- -2001 See LEGALS, next page · ,--Fror~ previous page A Local Law in relation to Filming. BE IT ENACTED by the Town Board of the Town of South·Id, as follows: Chapter Filming § Purpose. Thc Town Board of the Town of South·Id recognizes that the town's nat- ural beauty and historical sites are attractive to individuals, organizations. corporations, groups and other entities involved in the businesses of still pho Iography. motion pictures and televi- s:on. Because such filming activities may create a threat to public safety, health or welfare due to the time, loca- tion or duration of the filming, or may uoduly interfere with vehicular and/or pedestrian trallic, the town desires to regulate such activities through the issuance of permits. The purpose of this local law is to set forth the procedure governing such permit process. §__ Permit required. A. General. A pemrit issued pursuant to this chapter is required prior to any person, organization, co~oration, group or other entity engaging in the activity of Blming or pho- tographing a commercial movie. documentary, television program, catalog or magazine layout, or any other presentation upon the streets. sidewalks or any other property owned by the Town of South·Id. exclusive of the Village of Green- pon The application process for obtaining a permit is set forth in § B. Exemp(ion. A permit pursuanl to this chapter shall not be required if five or t~wer individuals constitute the entire cast and crew engaged in one of the activities described in Subsection A above. §__ Application for a permit. A. Application lorm. An applicant may obtain an application Ik)rm from the Town Chief of Police or the Town Clerk. The inlormation requested on the application form shall include, without limitalion, the following: (1) The name and address of the applicant (2) The proposed location(s) of the fihning or still photography. (3) The date(s) and time(s) the per- mit is intended to cover. (4) The number in the cast and crew. (5) The number of vehicles. (6) The person in charge on site. B. Submission to Town Clerk. The fol- lowing materials shall be submitted by Ire applicant to the Town Clerk at least seven days before the pro- posed date to start the filming or still photography: (1) A completed application form. (2) A one-hundred-dollar nonre- fundable application fee. (3) A certificate of insurance and indemnification agreement pur- suant to § C, Review by Chief'of Police. The Town Clerk shall forward the appli- cation to the Chief of Police for approval or disapproval. Said approval or disapproval shall be based on the Chief of Police, or his designee, making a determination on whether the proposed filming or still photography will constitute a threat to public safety, health or welfare by reason of time, location or duration of the activity or will unduly interfere with vehicular and/or pedestrian traffic. Approval of the application by the Chief of Police, or his designee may be con- ditioned on the payment of the traf- fic control Ibc set forth in § The Chief of Police shall send th~ approved or disapproved appbea tion back to the Town Clerk. D. Review by Town Attorney. The Town Clerk shall forward the cer- tificate of insurance and the indem- nification agreement to the Town Attorney l~,r approval. The Town Attorney shall send such approved or disapproved documents back to the Town Clerk. E. Permit fee. The Town Clerk shall calculate the permit fee required to be paid by an approved applicant as follows: (1) Film fee. One hundred dollars per day shall be paid for each day covered by the permit. (2) Cleanup deposit. A separate certified check in the amount of sunni to § (3) Tlaffic control l~c. One Ih·u- sand dollars shall be paid for each day covered by the permit il the Chief of Police. or his designee, requires payment of the traffic control lke pursuant to §__ (4) Beach parking fee, if the permit includes one or more town beaches as location sites, a ten dollar-per-vehicle fee for each day covered by the permit shall be paid if the permit covers any day falling between May 1 through September 30. E Issuance of pemrit. The Town Clerk shall countersign an apr·red appli cation The Town Clerk shall collect the permit fee calculated pursuant to Subsection E from the applicant. Payment of the permit fee shall be in the form specified in § Upon payment of the permit fee, th~ Town Clerk shall issue the pemfit to the applicant. The permit shall set forth the name of the applicant and Ire location(s), date(s), and time(s) of the filming or still photography. ~ Traffic control fee. A. In the event that tbe Chief of Police or his designee determines that the police officers or traffic comrol offi- cers will be necessary for the pro- ~ection of the citizens or for the con trol of traffic during the filming or still photography, the applicanl shall subnfit to Ire Town Clerk a fee of $1,000 for each day covered by the permit pursuant to Subsection F of § B. If the drier of Police determines that thc one-thousand-dollar-per- day trafBc control fee will be fully expended prior to the termination of the permit period, Ibc Chief of Police shall notify the Town Clerk. The Town Clerk shall contact the applicant in writing and require paymenl of an additional sum of money, said specific amount to be determined by the Chief of Police based on the salaries and the hum bet of hours to be worked by the town police and traffic control per- sonnel. Said addilional traffic con- trol fee shall be paid within seven days of said notice. The applicant's lailure to pay such additional fee within said seven-day period shall result in the Town Clerk's providing the applicant with written notice that the pemfil has been suspended and the date of such suspension. The applicant's receipt of the Town Clerk's suspension notice shall not be construed as altering the date of suspension set forth in said written notice, Ibc eff~clive date of suspen- sion being the day immediately fol- lowing the completion of Ihe seven- day notice period. C. The procedure set forth in Subsection B may be repeated as necessary to ensure that the appli- cant pays for all costs included by the Iown in providing traffic control services. D. After termination of tbe filming, the Chief of Police shall provide the applicant with a statement regarding the aClual cost to the town of pro riding said police officers or traffic control officers. If the actual cost is [ess lhan the moneys that the town has collected pursuant to Subsection A. B or C, the town shall remit the balance to the applicant. If lbe actu- al cost is more than the moneys that thc Iown has colected pursuant I· Subsections A, B or C, the applicant shall be responsible for providing the balance to the town within 30 days of the termination of the film- ing or still photography. E. The Chief of Police shall forward a copy of the statement of actual cost to the Town Clerk who will file said stalement wilh the original aplica- lion form. §__ Cleanup deposit. A. Each applicam whose application has been approved shall give the Town Clerk a certified check in thc amount of $2~0 for each day cow cred by the permit, which check shall be beld and not deposited by the town during the duration of the permit period. B. At thc termination of the permit period, the Town Superintendcm of Parks and Recreation or the T~wn Superintendent of Highways, as appropriate, shall inspect the Ioca- C. If cleanup is required, the Town Superintendent of Parks and the applicant shall be responsible phy. D. If no cleanup is required, the Town §__ Payment of fees. Any fee collected under this chapter shall be paid either in cash or by certi- fied check made payable to the Town of South·Id and shall be delivered to the Town Clerk. §__ No donations accepted. official or employee shell make a rec- §__ Notice. The Town Clerk shah give notice to the Chief of Police, the Chief Building §__ No alternations to town proper- the Town Board. §__ Compliance with other laws. or photography. §__ Insurance requirements. of insurance thai evidences a public lia- minimum amount of $1,000,000 per ing or still photography. The applicant indemnify and hold the town harmless of and lYee from any and all damages §__ Permit available at film site. §__ Extension of permit period. mit. The Chief of Police, or his ti·ual $100 lbo each additional day Clerk shall then modify the applicant's period. § Penalties for offenses. A. Any action by any person, organiza- comply with any provision of this chapter shall be punishable by a fine of not less than $100 and not more than $1,000, and. in addition, any-