City of Newburgh, NY Chapter 168 Filming

[HISTORY: Adopted by the City Council of the City of Newburgh 3-13-2017 by Ord. No. 5-2017. Amendments noted where applicable.]

§ 168-1 Purpose.

It is the purpose and intent of the City of Newburgh to encourage the motion picture and television industries to utilize the scenic beauty and variety of backdrops afforded in the City of Newburgh as locations for filming and/or videotaping for commercial production. It is the purpose and intent of this chapter to provide the means by which such activities may be reasonably regulated to preserve the public health and safety and provide for the protection of property, to not unduly restrict such activities, and to maintain harmonious relations between the community and those engaged in such activities.

§ 168-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CHARITABLE FILMS

Commercials, motion pictures, television, or videotapes produced by a nonprofit organization, which qualifies under Section 501(c)(3) of the Internal Revenue Code as a charitable organization. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films or tapes.

CITY-PRODUCED GOVERNMENT ACCESS FILMS

Motion pictures or programs produced by or in association with the City of Newburgh. No person, directly or indirectly, shall receive a profit from the marketing and production of the film or from showing the films or tapes.

CONCERT FILMING

The filming a concert event for a not-for-profit or religious entity but shall not include activities occurring for businesses, corporations and for-profit entities that will be distributed, sold and/or broadcast for commercial purposes.

FILM OFFICE

The City Manager's designee responsible for routing and processing film permits.

FILM or FILMING or FILMING ACTIVITY

All activity in preparation of, and attendant to, staging, making, striking, filming or video recording commercial motion pictures, television shows, programs and commercials, including magazines or documentary programs.

NEWS MEDIA

The photographing, filming or videotaping for the purpose of spontaneous, unplanned television news broadcast or reporting for print media by reporters, photographers or camera operators.

STUDENT FILMS

Motion pictures, television programs or commercials produced to satisfy a course or curriculum requirement at an educational institution. The student filmmaker must supply proof that he/she is currently enrolled.

STUDIO

A fixed place of business where filming activities are regularly conducted upon the premises.

§ 168-3 Permit required; exemptions.

A. Film permit required. No person shall, for commercial purposes, use any kind of public property, facility or residence herein or portion thereof owned and/or controlled by the City of Newburgh to cause, direct or conduct filming activities as defined without first applying for and obtaining a film permit from the City Manager or his/her designee.

B. Exemptions.

(1) The following activities shall not require an application or film permit under the provisions of this chapter:

(a) News media: reporters, photographers or camera operators in the employ of a newspaper, news service, or similar entity engaged in on-the-spot print media, publishing or broadcasting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest.

(b) Family or personal use video: the filming or videotaping of motion pictures solely for private-family use.

(c) Photographers engaged in still photography.

(d) City-produced government access films.

(2) A film permit application as required by this chapter shall be completed and submitted without a fee for the following activities:

(a) Charitable films: projects that qualify under Section 501(c)(3) of the Internal Revenue Code.

(b) Student films.

(c) Concert film by a not-for-profit or religious entity.

§ 168-4 Application requirements.

The application for such film permit shall be made upon forms prescribed therefor by the City and require, at minimum, the following information:

A. The name, address, telephone number and e-mail address of the applicant.

B. The name, address and telephone number of the production company and the name, address and telephone number of the production company owner.

C. The name, address, telephone number and e-mail address of the person(s) in charge of the film production as the contact person.

D. The street address(es) of the location(s) at which filming will take place.

E. The dates and hours during which filming activity will occur.

F. An estimated number of persons, including cast and crew, to be involved.

G. List of equipment and generator, if any.

H. Number and type of vehicles.

(1) Identify historic or period vehicles or equipment that will be used in the production.

I. List of any animals, pyrotechnics, hazardous chemicals, demolition of buildings or structures and/or use of residential vehicles proposed to be used and a safety plan to be used by the applicant in the event such items are used during the production.

J. Plan to minimize disruption of traffic and parking.

K. Requests for City services and equipment, including, but not limited to, signs, barricades.

L. Insurance:

(1) Certificate of liability insurance covering the event to be held and naming the City of Newburgh as an additional insured with limits of liability of at least $1,000,000 for each occurrence and $2,000,000 aggregate for bodily injury and $50,000 for each occurrence and $100,000 aggregate for property damage. All such policies must be written in the broadest form available by a company authorized to do business in New York State and of recognized financial standing which has been fully informed about the proposed event.

(2) Workers' compensation insurance: An applicant shall conform to all applicable federal and state requirements for workers' compensation insurance for all persons operating under a film permit.

(3) Hold-harmless agreement: Applicants shall execute a hold-harmless agreement as provided by the City prior to the issuance of a film permit under this chapter wherein the applicant shall defend, hold harmless and indemnify the City of Newburgh against any and all claims, proceedings or action brought in connection with or as a result of the filming and/or recording activities.

§ 168-5 Filing of application; issuance of permit.

A. The application for a film permit shall be filed with the office of the City Manager in completed form together with all applicable fees no less than 14 days prior to the commencement of such filming activities.

B. The issuing authority shall be the City Manager or his/her designee. The City Manager may deny a permit in his or her sole and absolute discretion.

C. Any change in the applicant's/permittee's planned activities as set forth in the film permit applications shall be submitted to the City Manager or his/her designee at least 24 hours in advance of the change and approved or denied in the same manner as the original film permit application.

§ 168-6 Fees.

The fees for each filming permit shall be as set forth in Chapter 163, Fees, of this Code and shall include a nonrefundable application fee, a fee for each permit issued, and a refundable security deposit, all of which shall be paid to the City Manager or his/her designee. No film permit shall be issued to an applicant who owes the City money on a prior permit.

§ 168-7 Additional restrictions.

A. The applicant/permittee shall, in the credits of the motion picture or television program, acknowledge the production was filmed in the City of Newburgh.

B. All filming activities, including setup and takedown activities, shall take place in the hours specified in the film permit.

C. Filming and/or recording activities as permitted under a film permit shall comply with all the requirements and standards of Chapter 212, Noise, of this Code of Ordinances.

D. The permittee shall conduct operations in an orderly fashion with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. The area used shall be cleaned of trash and debris upon completion of shooting at the scene and restored to the original condition before leaving the site.

E. The permittee is required to obtain the property owner's permission, consent and/or lease for use of property not owned or controlled by the City. No film permit may be issued for filming on a property with open Zoning Code,[1]Building Code, Property Maintenance and/or Fire Code violations.

[1] Editor's Note: See Ch. 22, Zoning.

F. Filming and/or recording under a film permit shall comply with all requirements of the New York State Vehicle and Traffic Law and[2] Chapter 288, Vehicles and Traffic, of this Code of Ordinances, except as follows:

(1) The applicant/permittee shall obtain permission of the City Manager to park equipment, trucks, and/or cars in "no parking," "no standing" and "no stopping" zones and will provide the signage detailing the date(s) and time(s) of the filming and parking restriction and these signs shall be posted by the applicant/permittee at least 24 hours prior to parking vehicles or equipment.

(2) The applicant/permittee shall obtain the permission of the City Manager to string cable across sidewalks, or from generator to service point. Such cable or electrical lines shall be marked, taped and/or secured to avoid creating a hazardous condition.

(3) The applicant/permittee shall furnish and install advance warning signs and any other traffic control devices required in order to take all appropriate safety precautions.

(4) Traffic may be restricted to one twelve-foot lane of traffic and/or stopped intermittently. The period of time that traffic may be restricted will be determined by the City, based on location.

(5) Traffic shall not be detoured across a double line without prior approval of the City of Newburgh.

(6) Unless authorized by the City, the camera cars must be driven in the direction of traffic and must observe all traffic laws.

[2] Editor's Note: See NY Veh & Traf § 3000 et seq.

G. Any emergency roadwork or construction by City crews and/or private contractors, under permit or contract to the appropriate department, shall have priority over filming activities.

H. A permittee under a film permit shall be required to personally deliver or to mail a copy of the film permit or a letter of intent to film to all owners of real property located within 100 feet of the property line of the filming and/or recording site as shown on the latest assessment roll of the City Assessor and to all owners of real property located on the same street as the filming and/or recording site who are located within 300 feet of a property line of such site at least two days for personal delivery or four postmarked delivery days for mailing prior to the first day of filming and/or recording. The City Manager may require notice to additional owners of real property in the vicinity if conditions of the filming and/or recording so require.

§ 168-8 Authority to promulgate regulations; waiver of provisions.

A. The City Manager may promulgate additional regulations in furtherance of the findings and purpose of this chapter.

B. The City Manager may grant a waiver of a part or parts of this chapter, and/or other City ordinances if the City Manager is so authorized therein, for a particular filming and/or recording event on the City Manager's written finding that such waiver would be in the public interest of the surrounding neighborhood and/or City as a whole.

§ 168-9 Permit revocation or suspension; appeals.

A. Permit revocation. A film permit may be revoked by the City Manager if the permittee, or any agent, employee, or contractor of the permittee fails to comply with the requirements set forth in this chapter, or in the film permit, or if it is determined that the film permit application was false in any material detail.

(1) Notice of the grounds for revocation of the film permit shall be provided, in writing, to the permit applicant or person in charge at the location of the filming activity.

(2) Appeals of the film permit revocation shall be conducted in the manner specified in this chapter.

B. Permit suspension. The City Police Department and/or Fire Department officers assigned to supervise the filming activity site may suspend the film permit if at any time the filming activity poses an immediate hazard to persons or property and the location manager will not, or cannot, prevent the hazard after being instructed to do so by the officer. The grounds for the film permit suspension shall be provided, in writing, by the City film office to the permittee within two working days of the suspension.

C. Appeals. The film permit applicant or permittee may appeal a denial of a film permit, or a revocation, suspension, or permit condition. Such appeal shall be filed with the City Manager or his/her designee not later than five working days after the date written notice of the decision is made. Failure to timely file an appeal shall result in a waiver to the right to appeal. The appeal shall be reviewed by the City Manager or his/her designee. The decision of the City Manager or his/her designee shall be rendered in five working days and shall be final and is subject to judicial review pursuant to Article 78 of the New York Civil Practice Law and Rules.[1]

[1] Editor's Note: See NY Cplr § 101 et seq.

§ 168-10 Penalties for offenses.

A. Each and every violation of this chapter shall be punishable by a fine of not less than $250 and/or imprisonment not exceeding 15 days for each and every day a violation of this chapter is found to exist.

B. The imposition of such fine and/or imprisonment shall not be the City's exclusive remedy in the event of a violation and the City shall have the right to pursue any and all other legal and equitable remedies available to it in connection with any violation of this chapter.

§ 168-11 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.