NOTICE OF PUBLIC HEARING - INTRODUCTORY LOCAL LAW LOCAL LAW NO. 1 -2023 Â A LOCAL LAW ESTABLISHING FILMING RIGHTS & REQUIREMENTS IN THE TOWN OF RAMAPO
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town Board of the Town of Ramapo, Rockland County, New York, will meet on January 25, 2023, at 7:00 o'clock P.M., Prevailing Time, at the Town Hall located at 237 Route 59, Suffern, New York 10901, for the purpose of conducting a public hearing in relation to the following proposed local law:
TOWN OF RAMAPO
INTRODUCTORY LOCAL LAW
LOCAL LAW NO. 1 -2023
A LOCAL LAW ESTABLISHING FILMING RIGHTS & REQUIREMENTS
IN THE TOWN OF RAMAPO
Be It Enacted by the Town Board of the Town of Ramapo:
Section 1. Legislative Intent
- The Town Board of The Town of Ramapo recognizes that the Town’s natural beauty, geographical location and historical sites are attractive to individuals, organizations, corporations, groups and other entities involved in the businesses of still photography, motion pictures and television.
- It is hereby found by the Town Board of the Town of Ramapo that 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, it is necessary to provide for the regulation of the taking of still or motion pictures within the Town through the issuance of permits and that said regulation is a matter affecting the public interest and therefore should be subject to supervision and administrative control for the purpose of safeguarding the public against the impact of such activities.
Section 2. Definitions
As used in this chapter, the following terms shall have the following meanings indicated:
- FILMING -The taking of still or motion pictures, either on film, videotape or similar recording medium, for commercial or educational purposes intended for viewing on television or in theaters, through online platforms, including but not limited to video streaming, or for institutional use.
- PERSON- An owner of property or an applicant for a permit under this chapter.
- PRIVATE LANDS- Any land within the Town of Ramapo that is not public land, a public place, or a public building.
- PUBLIC LANDS – Any and every public street, highway, sidewalk or square, public park or playground or other public place within the town which is within the jurisdiction of the Town.
- HANDHELD DEVICE – Any device that is able to be operated by a single person without substantial supporting equipment and can be held in hand, to include smartphones, camcorders, cameras, and such similar devices, but excluding aerial drones.
Section 3. Exemptions:
Notwithstanding the requirements of this chapter, the filming activities designated below do not require a permit to be obtained pursuant to this chapter, if such activity does not obstruct or interfere with the use of any public land. For purposes of this section the term “obstruct or interfere with the use of public lands” shall mean any filming activity which impedes or which involves the blockage, interruption or closure, in whole or in part, of any public lands.
(1) Filming and coverage by news media.
(2) Filming by and intended for the exclusive use of the owner and his her immediate
family.
(3) Filming occurring on public lands or on private property resulting in an incidental use
of public lands, and involving the personal, not commercial use of a handheld device as
defined herein.
Section 4. Permits:
- No movie, documentary television program, commercial or similar presentation or any portion thereof shall be filmed videotaped, recorded or otherwise made on any private or public property within the town of Ramapo without first obtaining a building permit therefor, which permit shall set forth the locations of such filming, the date or dates when filming shall take place, the name address and telephone number of the applicant, a brief description of the activities, the number of cameras on the shoot, identity if a feature commercial or industrial shoot, the name of the producer, the type of equipment and props to be used, the number of persons to be employed, specific locations where the work will be done and vehicles which are to be used, including the description therefor and their license numbers.
- Permits must be obtained from the Town Supervisor of the Town of Ramapo, or his/her designee, during normal business hours. Applications shall be in such form approved by the Town Board and accompanied by a permit fee in the amount established by the Town Board.
- In addition, all applicants for said permits:
(1) Must submit their permit applications to the Town Supervisor or his/her designee at least seven days in advance of any anticipated filming; application(s) received less than seven days in advance of anticipated filming will be accepted at the discretion of the Town Supervisor and, if approved, subject to an additional fee, to be set forth by Town Board resolution;
(2) Must submit with their application a parking plan map for all vehicles to be parked on all impacted roadways and public parking lots, as well as a traffic detour plan map; and
(3) Are to provide a form notification letter to be distributed by the applicant to all property owners who may be impacted by any filming.
- One Permit may permit filming at more than one location; however, each location shall be subject to a separate fee as designated by Town Board Resolution.
- If a permit is issued and due to inclement weather or other good cause, not within the control of the applicant, filming does not in fact take place on the date or dates specified, the Supervisor or his/her designee may, at the request of the applicant, issue an amended permit for filming on other dates subject to full compliance with all other provisions of this chapter. No additional fee shall be required for an amended permit under this section.
Section 5. Rules and Regulations:
- No Permit shall be issued for filming on public lands or for using public lands for filming on private property unless the applicant for such permit provides proof of insurance coverage for bodily injury for any person in the amount of $1,000,000.00 and for any aggregate occurrence in the amount of $3,000,000.00 and agrees in writing, to indemnify and hold harmless the Town of Ramapo from any and all liability or damages resulting from use of such public lands.
- The holder of the permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic and shall provide traffic control personnel and approved traffic control devices as per the New York State Manual of Uniform Traffic Control Devices. The holder of the permit shall also comply with all lawful directives of the Ramapo Police Department.
- The holder of the permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners attributable to such filming and shall, to the extent practicable, abate noise. The holder shall avoid any interference with previously scheduled activities.
- The holder of a permit shall take all reasonable steps to minimize the creation and spread of debris and rubbish during filming and shall be responsible for removing all equipment, debris and other rubbish from the filming location upon the completion of filming or the expiration of the permit.
- Unless otherwise permitted pursuant to this chapter, filming in residential zones shall generally be permitted only Monday through Friday between the hours of 8:00 AM and 7:00 PM.
- The Supervisor or his/her designee may refuse to issue a permit whenever he/she determines on the basis of objective facts and after review of the application and a report from the Ramapo Police Department, Highway Superintendent, Superintendent of Parks and Recreation and/or any other Town Department Head, that filming at the location and/or time set forth in the application would violate any law or ordinance or would unreasonably interfere with the public’s use of the public lands.
- The Supervisor or his/her designee may revoke a permit that has been issued due to permittee failure to comply with permit terms, but any permit fees paid or unpaid remain due.
- A permit may authorize “special effects” filming which includes, but is not limited to the following: simulated gunfire, explosions, fires, sirens, car chases/crashes and helicopter landing and/or takeoff. Such “special effects” filming may only take place in non residential zones, unless otherwise approved by Town Board resolution. Notwithstanding the foregoing, when “special effects” filming is permitted as per this section, the landing area for helicopter landing and/or takeoff must be at least 900 feet from the nearest residential property line.
- It is requested that the holder of the permit consider adding a credit to the completed film noting that it was filmed in the Town of Ramapo, New York with the cooperation of the Supervisor of the Town of Ramapo and the Town Board of the Town of Ramapo.
Section 6. Violations and Penalties.
Any person violating this chapter or rules and regulations contained herein shall be subject to fine not to exceed $5,000.00.
Section 7. Fees.
Each applicant shall pay to the Town of Ramapo a fee, as set in a fee schedule determined by the Town Board from time to time by resolution for filming, videotaping or recording, on private property, per day, and a fee as set in fee schedule determined by the Town Board, per day, for any filming, videotaping, parking, or recording on public property.
Section 8. Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State.
Dated: , 2023
SHARON M. OSHEROVITZ
Town Clerk
Town of Ramapo
237 Route 59
Suffern, New York 10901
At said public hearing the Town Board will hear all persons interested in the subject matter thereof.
TAKE FURTHER NOTICE that procedures for attending the public hearing by Zoom (for viewing purposes only) will be timely posted on the Town website at www.ramapo.org.
The Town of Ramapo will make every effort to assure that the hearing is accessible to persons with disabilities. Anyone requiring special assistance and/or reasonable accommodations should contact the Town Clerk.
Dated: Suffern, New York,
January 12, 2023
BY ORDER OF THE TOWN BOARD OF THE TOWN OF RAMAPO, ROCKLAND COUNTY, NEW YORK