(A) Use of public property for filming.
(1) Without an approved written permit from the town, it shall be unlawful for any person or entity, to:
(a) Film, video-record, photograph or otherwise record any scenes, sounds or actions while on any public property; or
(b) Use or obstruct any public property while filming on private property.
(2) It shall be unlawful for any person or entity to film, video-record, photograph or otherwise record any scenes, sounds or actions in the RC-1 Zoning District or on the beach.
(B) Exception. This section shall not apply to amateurs making noncommercial films, videos or photographs where assisted by no more than one other person; nor shall this section apply to the filming of news events by accredited representatives of news agencies; nor shall this section apply to film, video or photographic productions which are conducted or carried on wholly for charitable purpose or from which no profit is derived, either directly or indirectly.
(C) Business requirements.
(1) A film permit application is required for all commercial film events.
(2) The film permit application fee is in addition to a business license fee.
(3) The film permit application fee and business license fees are in addition to any property use fees.
(D) Film permits.
(1) Request for permit. Any person or entity wishing to film, video-record or photograph scenes or actions requiring a permit shall submit, in writing, to the Town Administrator or his or her designee, not less than five business days prior to filming, a request for a permit.
(2) Application review fee. The film permit application must be accompanied by a non-refundable deposit of $50. Upon approval, an additional $100 shall be paid to the town. The total $150 will compensate the town for administrative and overhead costs to review the permit application and monitor compliance with approved permits.
(E) Per-day permit fees. Review of the permit application will determine the impact of the film operation on the town and consequent per-day permit fees.
(1) Low impact film operation - cast, extras and crew up to 15: permit fee $200 per day. Prep and strike days for film operation $100 per day.
(2) Medium impact film operation - cast, extras and crew 16 to 50: permit fee $600 per day. Prep and strike days are $300 per day.
(3) High impact film operation - cast, extras and crew over 50: permit fee $800 per day. Prep and strike days are $350 per day.
(F) Definitions.
CHARITABLE FILMS. Any filming by a nonprofit organization, which qualifies under § 501(c)(3) of the Internal Revenue Code as a charitable organization for which no person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films, tapes or photos.
COMMERCIAL FILMS. Includes all activity attendant to filming any entertainment or advertising programs for any media now known or hereafter created.
FILMING or FILM. Video-record, photograph or otherwise record any scenes as used in this ordinance, means and includes all activity attendant to staging or shooting motion pictures, television shows or programs, commercial still photography, video recordings, computer-based programs or other visual reproduction technology now known or hereafter created. The period of FILMING includes the set-up, strike and time of photography.
NEWS AGENCIES. Filming for the purpose of spontaneous, unplanned news reporting by journalists, reporters, photographers or camera operators.
PRIVATE PROPERTY. Any property not owned by the town on which filming would not interfere with the public right-of-way, access or safety.
(Prior Code, § 14-34) Penalty, see § 132.99