§ 165-3. Types of permits.

A. 

Town Clerk permit.

(1) 

Permits for filming or photography may be issued by the Town Clerk if the proposed filming or photography meets all of the following conditions:

(a) 

Filming or photography is limited to indoor locations and the size of the entire cast and crew is limited to 20 individual members, or filming or photography involves outdoor location and the size of the entire cast and crew is limited to 10 individual members;

(b) 

Filming or photography is limited to between the hours of 8:00 a.m. and 7:00 p.m.;

(c) 

Filming or photography is limited to five or fewer continuous business days at the location, not including Saturdays, Sundays and federal holidays during which time filming and photography are prohibited; and

(d) 

Filming or photography involves no potential noise, traffic or light impacts, including but not limited to the use of any pyrotechnic device or artificial lighting, other than camera and mounted or handheld equipment.

(2) 

The Town Clerk shall consult with the Chief of Police in reviewing the application for a filming and photography permit. Upon the advice of the Chief of Police, the Town Clerk shall consult with officials such as the Building Inspector, the transportation supervisor for the applicable school district, and the Highway General Foreman, and may refer the permit application to the Town Board for action.

(3) 

The Town Clerk shall require an applicant to furnish the Town with a hold-harmless and indemnification agreement, together with a certificate of insurance meeting the Town's minimum insurance requirements and naming the Town of North Castle as an additional insured, relieving the Town from any potential liability by virtue of the applicant's activities. Should it be determined that the extent of the activities in any particular case require insurance coverage in greater amounts than the Town's minimum insurance requirements, the applicant shall provide certificates of insurance in the requested amounts. A condition of approval of any permit may require the applicant at its expense to utilize the services of the North Castle Police at the customary rate set by the Police Department for such services.

(4) 

In the event the Town Clerk denies the application for a Town Clerk permit, the applicant may request that the Town Board hear the application, and the Town Board, in its discretion, may grant the permit.

(5) 

The Town Clerk shall require the applicant to notify contiguous or adjacent property owners to the property being utilized for filming and photography activities.

(6) 

The Town Board shall be notified upon the issuance of any filming and photography permit.

B. 

Town Board permit.

(1) 

Applications shall be referred to the Town Board if filming or photography meets any of the following conditions:

(a) 

Filming or photography is limited to indoor locations and the size of the entire cast and crew exceeds 20 individual members, or filming or photography involves outdoor locations and the size of the entire cast and crew exceeds 10 individual members;

(b) 

Filming or photography is to be conducted prior to 8:00 a.m. or after 7:00 p.m.;

(c) 

Filming or photography exceeds five continuous business days at the location; or

(d) 

Filming or photography is proposed to include Saturdays, Sundays or federal holidays.

(2) 

All applications shall be reviewed by the Chief of Police. The Town Board in its sole discretion may consult with officials such as the Building Inspector, the transportation supervisor for the applicable school district, and the Highway General Foreman.

(3) 

The Town Board shall attach conditions and safeguards ensuring the orderly conduct of the activity and the minimization of impact of such use and shall specify the duration and hours of operation of such activity.

(4) 

The Town Board may require the applicant to post reasonable bond to assure adherence to the permit conditions set forth. The Town Board shall require an applicant to furnish the Town with a hold harmless and indemnification agreement, together with a certificate of insurance meeting the Town's minimum insurance requirements and naming the Town of North Castle as an additional insured, relieving the Town from any potential liability by virtue of the applicant's activities. Should it be determined that the extent of the activities in any particular case require insurance coverage in greater amounts than the Town's minimum insurance requirements, the applicant shall provide certificates of insurance in the requested amounts. The Town Board may further require as a condition of approval of any permit that the applicant at its expense utilize the services of North Castle Police at the customary rate set by the Police Department for such services.

C. 

No permit required. The permit requirements in this chapter shall not apply to:

(1) 

Filming or photography by casual photographers, tourists or residents for personal use, or by credentialed members of the news media; or

(2) 

Filming or photography which meets all of the following conditions:

(a) 

Filming or photography is limited to indoor locations;

(b) 

The size of the entire cast and crew is limited to fewer than five individual members;

(c) 

Filming or photography is limited to between the hours of 8:00 a.m. and 7:00 p.m.; and

(d) 

Filming or photography involves no potential noise, traffic or light impacts, including, but not limited to, the use of any pyrotechnic devices or artificial lighting, other than camera-mounted or handheld equipment.