(a) A person seeking a filming permit shall file an application with the Village Fiscal Officer. The application shall set forth the following information regarding the proposed filming:
(1) The name, address and telephone number of the filming entity.
(2) The name, title, and telephone number of the person on location responsible for the entity's or company's adherence to terms and conditions of the permit.
(3) The location(s), date(s) and hours of filming.
(4) Signature of authorized representative.
(5) Date of signature.
(6) Type(s) of Village services requested, if applicable.
(7) Type of filming: television, motion picture, commercial stills, video, educational, non-profit, other.
(8) Number of each type of vehicle and equipment that will be placed on public or private property: cast and crew, trucks, vans, motor homes, generators, camera cars, catering, other.
(9) Verification that all residents within three hundred (300) feet of the proposed filming location (or other such areas as designated by the Mayor and any residents and businesses whose property fronts the area being requested were provided with written notification of the filming schedule and a short description of the filming project by the filming entity. (A listing of property owners and addresses is available through the Village Building Department).
(b) No permit shall be granted unless the applicant shall have filed with the Fiscal Officer a certificate of liability insurance naming the Village of Newburgh Heights as an additional insured in the amount of not less than one million dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) aggregate for personal injury and property damage, with the condition that the applicant shall indemnify and hold harmless the Village and its officers and agents and citizens against any injuries and damages resulting or arising from the filming for which the permit was issued or from the performance by the applicant or his agents of any negligent incident to or connected with the conduct of such filming; and that the applicant shall pay all judgments, costs and charges that may be recovered against the Village or any of its officers or agents by reason of the conduct of such filming, together with the cost of defending any such action against the Village, including actual attorney's fees.
(c) No permit shall be issued unless the applicant pays an administrative fee of $50.00
(d) The applicant shall agree to pay for the cost of any Police, Fire, Service Department, Building Department, or other Village personnel assigned to the project (whether specifically requested by the producer or not). If this determination is made, the applicant must pay an hourly fee for the personnel based on 1.5 times the salary or rate of pay, as applicable, for their classification, plus actual costs and expenses incurred by the Village, including costs for fuel or for the rental of any equipment. The applicant will agree to pay in full prior to filming, or promptly upon receipt of an invoice, the charges incurred. If Village personnel have been assigned to the filming and actual filming time turns out to be different than that estimated on the application, the applicant will receive an invoice or refund from the Village, as applicable, within a reasonable period of time after the filming is completed.
(e) Upon completion, the Fiscal Officer shall distribute copies of the Filming Permit to the Police Department, Fire Department, Service Department, Building Department and Mayor.
(f) Such permit when issued shall be prominently displayed on location while the filming is in operation.
(g) The applicant shall agree to allow the respective Village departments (i.e., Police, Fire, Building, Service) to inspect all structures and/or devices and equipment to be used in connection with the filming and taping, if required by the Mayor and/or if deemed prudent by the department head. The Fire Department may determine that no standby Fire Department personnel are required, but that an inspection will be needed.
(h) Any permit granted by the Village under the provisions of this Section may be revoked by the Mayor, including when the person who maintains, owns, controls or operates such filming permits the violation of any provision of the Village's Codified Ordinances or State laws or where, in the opinion of the Mayor, the filming is deemed undesirable or presents a threat to the public safety. Revocations or suspensions may be appealed to the Village Board of Planning and Zoning.
(Ord. 2013-24. Passed 4-16-13.)