[HISTORY: Adopted by the Town Board of the Town of New Windsor 9-1-2021 by L.L. No. 4-2021. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
All activity to be taken in preparation of and attendant to the planning, staging or production of a commercial motion picture, television show or program, documentary, advertisement or similar type marketing video or recording, social media production, or any other video or recording produced for commercial gain or distribution, unless expressly excepted per § 140-6 below.
A.
No commercial movie, television program, documentary or similar production,
or any portion thereof, shall be filmed, videotaped, recorded or otherwise
made on any private or public property, facility or residence, or
any portion thereof, including but not limited to streets, sidewalks,
parks and buildings, in the Town of New Windsor without first obtaining
a permit for same. Such permit shall be required for the running of
cable, the placing or storing of equipment of any kind, the parking
of vehicles used in connection with filming, or for any other film-related
activity on any public or private property within the Town.
B.
To obtain a permit for filming within the Town of New Windsor, an
applicant must submit a completed application to the Town Clerk on
the form(s) provided by the Town Clerk. All information requested
on the application form(s), if applicable, must be provided before
consideration of same will be made. Upon receipt of a completed application,
the Town Clerk shall circulate such application to the Town Supervisor,
Chief of Police and Building Inspector and Fire Inspector for their
review and comment.
C.
An application for such permit, including any preparatory running
of cable, placement or storing of equipment, or other activity related
to the filming process, must be submitted at least 15 business days
prior to the date filming is to take place for a one-day shoot and
20 business days for any shoots of more than one day.
D.
The applicant shall submit a proposed filming schedule with its application.
The Town Supervisor, with the advice, if sought, of Town consultants,
department heads, Town employees and/or others, may approve of or
deny the application as submitted; or approve of the application with
modifications made to the proposed filming schedule contained therein.
Any subsequent modification by the applicant to an already approved
filming schedule is subject to the same review requirements as the
initial application's proposed filming schedule. A modified application
must be submitted at least 10 business days prior to the date filming
is to take place for a one-day shoot and 15 business days for any
shoots of more than one day, thereby affording the Town Supervisor
sufficient time for review and consultation.
E.
Any applicant obtaining a permit pursuant to this chapter must advise
all owners of real property located within 500 feet of the property
line of the site where filming will occur, and all owners of real
property on the same street where filming will occur, of their intent
to film in the location(s) specified in the approved permit. A list
of all property owners to be notified must be obtained from the Town
Assessor's office, at the applicant's cost. Such notice
must be personally delivered to the aforementioned real property owners,
or mailed to same, no later than five business days prior to filming,
if filming is to take place for a one-day shoot, or 10 business days
prior to filming, if filming is to take place for any shoot of more
than one day.
F.
All activities related to filming which is authorized pursuant to
the provisions of this chapter, including, but not limited to, setup
and cleanup of all equipment or facilities used in connection with
such filming, noise restrictions, lighting restrictions, odor restrictions,
traffic and other nuisance protections, must comply with all applicable
provisions of the Town Code.
G.
All applicants are required to obtain the property owner's permission,
consent and/or lease for use of property not owned or controlled by
the Town. No permit may be issued for filming on a property with any
open Zoning Code, Building Code, Property Maintenance and/or Fire
Code violations.
H.
All permittees issued permits pursuant to this chapter must comply
with all requirements of the New York State Vehicle and Traffic Law
and any applicable traffic provisions of the Town Code, unless permission
is sought, in writing, and obtained from the Chief of Police for the
Town of New Windsor and/or any other applicable regulatory agency
or official, allowing for a waiver of the applicable Vehicle and Traffic
Law regulations and/or Town Code provisions.
I.
Any emergency roadwork or construction by Town crews and/or private
contractors doing work on behalf of or at the direction of the Town,
under permit or contract to the appropriate department, shall always
maintain priority over any permitted filming activities.
J.
The Town Supervisor may promulgate any additional regulations the
Supervisor deems necessary in order to serve the findings and purpose
of this chapter.
K.
The Town Supervisor may grant a waiver of a part or parts of this
chapter for a particular filming and/or production if, upon written
finding concerning same, it's determined that such waiver would
further the findings and purpose of this chapter and it would be in
the public interest to do so.
L.
Any permit issued may be revoked or suspended by the Police Department
or Building Department/Code Enforcement Officer if (i) the permittee,
or any agent, employee, or contractor of the permittee fails to comply
with any of the requirements set forth in this chapter or in the permit
issued pursuant thereto; (ii) in the sole discretion of the revoking
official, it is determined that the permit application was false in
any material detail; or (iii) if the filming activity is deemed, in
the sole discretion of any of the officials listed above, to pose
an immediate hazard to persons or property outside the employ or ownership/possession
of the permittee, and the permittee, or any agent, employee, or contractor
of the permittee overseeing the production will not, or cannot, prevent
the hazard after being instructed to do so by the Town.
(1)
Notice of the grounds for revocation or suspension shall be provided,
in writing, to the permit applicant or person in charge at the location
of the filming activity.
(2)
Written notice of a permittee's intent to appeal any revocation
or suspension shall be filed with the Town Clerk's office no
later than five business days after the date such revocation or suspension
is issued. Failure to timely and/or properly file an appeal shall
constitute a waiver of the right to appeal. The appeal shall be reviewed
by the Town Supervisor or their designee. A decision on the appeal
shall be rendered within five working days; it shall be final; and
it shall be subject to judicial review pursuant to Article 78 of the
New York Civil Practice Law and Rules.
M.
All permittees shall, in the credits of the production for which
any permit is issued, acknowledge the production was filmed in the
Town of New Windsor, New York.
A.
Certificates of general liability insurance covering the event/production
must be submitted with all permit applications, along with proof of
conformance with all applicable federal and state requirements for
worker's compensation and disability insurance. All certificates
of general liability insurance must specifically state the nature/type
of production covered and include "Town of New Windsor, 555 Union
Ave., New Windsor, NY 12553" as an additional insured. Limits of liability
on all applicable general liability policies must equal or exceed:
B.
All applicants must also obtain and provide, to the Town Clerk's
office, proof of excess or umbrella coverage of at least $3,000,000,
naming "Town of New Windsor, 555 Union Ave., New Windsor, NY 12553"
as an additional insured on such policy.
C.
All applicants shall execute a hold-harmless agreement, as provided
by the Town, prior to any permit being issued pursuant to this chapter,
wherein the applicant shall agree to defend, hold harmless and indemnify
the Town of New Windsor against any and all claims, proceedings or
actions brought in connection with, or as a result of, any filming
done pursuant to the issuance of such permit.
A.
Applicants shall be responsible for all costs incurred by the Town
in assigning police or other employees to facilitate or monitor any
matters attendant to the production for which a permit is required
pursuant to this chapter.
B.
The decision whether to use police and/or Town employees to facilitate
or monitor any matters attendant to the production for which a permit
is required pursuant to this chapter shall be made solely by the Town
Supervisor, with the advice, if sought, of Town consultants, department
heads, Town employees and/or others with whom he/she may wish to confer.
C.
Payment of estimated costs for the assignment of police and other
Town employees shall be determined, in advance of filming, by the
Town Comptroller's office and shall be a condition precedent
to approval of the permit application. All such payments shall be
made payable to "Town of New Windsor" and provided to the Town Comptroller's
office, which shall hold same in escrow until the production is complete
and the actual costs incurred by the Town can be determined by the
Town Comptroller's office, which shall then make the applicable
adjustments, whether upward or downward, and notify the applicant
accordingly. Any additional payment required of the applicant to cover
such costs, or reimbursement required to be paid to the applicant
by the Town, shall be made no later than 30 days after the postmarked
date of any notice regarding such adjustment, which shall be sent
by regular mail to the address provided on the approved application.
All fees applicable to permits obtained pursuant to this chapter
shall be fixed by resolution of the Town Board and set forth in the
Town's Schedule of Fees. All such fees shall be paid to the Town
Clerk and made payable to "Town of New Windsor."
A filming permit will not be required in the following circumstances:
A.
Filming by a not-for-profit entity to be done on public or private
property, though an application for same must still be provided to
the Town Clerk's office in order that the Town is aware that
such filming will be taking place (no fee shall apply);
B.
Noncommercial filming conducted on private property, solely for private
or family use;
C.
Filming conducted solely by or for a charitable organization, qualified
as such per Section 501(c)(3) of the Internal Revenue Code, though
an application for same must still be provided to the Town Clerk's
office in order that the Town is aware that such filming will be taking
place (no fee shall apply);
D.
Family or personal use video or still photography on public or private
property, taken during events, tournaments or the like, which are
conducted under sponsorship of, contract with, and/or permission of
the Town of New Windsor.
E.
The recording of municipal public meetings, consistent with the provisions
of the New York Open Meetings Law and policies.
F.
Filming and still photography taken for or by television or internet-based
news organizations for the reporting of news events.
G.
Filming on private property, which has already obtained a special
use permit for commercial studio productions from the Planning Board
for the Town of New Windsor.
H.
Filming for law enforcement purposes or by anyone in furtherance
of a civil or criminal court proceeding;
I.
Commercial still photography, or staging thereof, when conducted
to the exclusion of any other filming, provided the still photography
will not require closure of any public street or sidewalk or otherwise
obstruct a public right-of-way; and
J.
Town productions.
All applicants must comply at all times with all sections of the Town Code, including, but not limited to noise and illumination controls set forth in Town Code § 300-71. All applicants must also comply at all times with all sections of the New York State Uniform Fire Prevention and Building Code and must obtain any necessary permits attendant thereto, in addition to the permit required pursuant to this chapter.
Town Code Enforcement Officers, or any agents designated with
the same authority, shall have the right to inspect any area of filming
at any time and without prior notice.
A.
Any person or entity who fails to comply with any of the provisions
of this chapter shall, upon conviction thereof, be subject to a fine
of up to $1,000 per day for each day that the violation continues
and/or imprisonment for a term not to exceed 15 days.
B.
The imposition of any such penalty shall not be the Town's exclusive
remedy for any violation of this chapter. The Town may pursue any
and all other legal remedies available for same.
No applicant who has been previously convicted of a violation
of this chapter shall be granted a permit hereunder for a period of
18 months from the date of such conviction.
