[HISTORY: Adopted by the Council of the City
of New Rochelle 2-15-2000 by Ord. No. 27-2000; amended in its entirety
11-19-2002 by Ord. No. 205-2002. Subsequent amendments noted where
applicable.]
The City Council of the City of New Rochelle
finds a substantial amount of movie filming, videotaping, videorecording,
television, and still photography, all for commercial purposes, has
been occurring on private and public property, in the City and that
such activities have caused inconvenience and discomfort to significant
numbers of citizens and residents of the City and have disrupted the
flow of traffic on public streets and in private neighborhoods.
No person or entity shall, for commercial purposes,
cause, direct, or conduct movie filming, videotaping, videorecording,
television, still photographing, or other recording of visual images
and/or audial sounds on private or public property in the City of
New Rochelle without first applying for and obtaining a filming permit
therefor from the City Manager.
The application for the filming permit shall
contain the following at a minimum:
A.
Name, address and telephone number of the applicant.
B.
Name, address, consent of the property owner and tenant
(the latter, if any).
C.
Name, address and telephone number of persons in charge
[director, production manager, and contact person(s)].
D.
Street address.
E.
Date(s).
F.
Type of production, including title and celebrities,
if any.
G.
If for advertising purposes, name of product.
H.
Scene description.
I.
List of equipment and generator, if any.
J.
Number of persons, cast and crew.
K.
Number and type of vehicles.
L.
Safety precautions to be undertaken by the applicant
in the event that explosive devices, fire and/or hazardous chemicals,
demolition of buildings or structures, and/or use of residential vehicles
is proposed.
M.
Plan to minimize disruption of traffic.
N.
The following insurance and endorsement requirements shall apply
only to public property: Certificate of insurance naming the applicant,
property owner, and City of New Rochelle as insureds, with minimum
coverage of $2,000,000 for public liability and $1,000,000 for property
damage, together with evidence of statutory workers' compensation
coverage. Such insurance coverage shall contain an endorsement that
the applicant shall defend, hold harmless, and indemnify the City
of New Rochelle against any and all claims, proceedings, or actions
brought in connection with or as a result of the filming and/or recording
activities.
[Amended 1-19-2016 by Ord. No. 20-2016]
O.
Anticipated viewing place and date for filmed and/or
recorded material.
A.
An application for a filming permit shall be filed
with the office of the City Manager in completed form, together with
all applicable fees, at least one week prior to the first day of the
proposed filming and/or recording date(s).
B.
A separate permit shall be required for each calendar
day, but an applicant may apply for permits for consecutive days on
one application.
C.
The City Manager may deny a permit in his or her sole
and absolute discretion.
D.
The filming permit shall contain the following information
at a minimum:
(1)
Date and time of the permitted event.
(2)
A description of the event.
(3)
The name and telephone number of persons who can be
contacted by residents who have questions or problems prior to, during
or after the event, including the names of a City Administration contact
and the applicant's responsible representative.
[Amended 1-20-2009 by Ord. No. 11-2009]
A permittee under a filming permit shall be
required to personally deliver or to mail a photocopy of the filming
permit, and/or a letter of intent to film, to all owners of real property
located within 100 feet of a 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 500 feet of a property
line of such site, all at least two calendar days for personal delivery
or four postmarked mail 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 warrant.
A.
Filming and/or recording as permitted under a filming
permit including all setup and takedown activities shall only be conducted
between the hours of 7:00 a.m. and 11:00 p.m. Monday through Friday,
and between the hours of 9:00 a.m. and 11:00 p.m. Saturday through
Sunday.
B.
No filming and/or recording shall be permitted on
legal and religious holidays.
E.
No more than 12 filming permits shall be issued for
any given filming and/or recording site address in any given calendar
year.
F.
A separate permit shall be required for each calendar
day of filming and/or recording.
G.
The City Manager may require the applicant to hire
one or more off-duty police officers as a condition of the permit
to assist with traffic and crowd control during the event.
H.
The City Manager may require the applicant to obtain
certification from the New Rochelle Fire Department that the filming
and/or recording will not block emergency vehicle access to the filming
and/or recording site and/or adjoining areas.
I.
The City Manager may require the applicant to post
reasonable bond naming the City as beneficiary thereof to assume adherence
to the permit conditions and restrictions of the filming location.
J.
No permit shall be issued for filming on a property
with open Zoning Code, Building Code, Property Maintenance Code, and/or
Fire Code violations.
[Added 9-20-2005 by Ord. No. 223-2005]
[Amended 1-19-2016 by Ord. No. 20-2016]
A nonrefundable preliminary permit application fee of $500 will
be charged in anticipation of each filming project request made for
public or private property. This fee shall be applied to the final
permit fee, if applicable.
|
Public Property and Parks Location Fee Schedule:
| |
|---|---|
|
Film/TV/commercial (shoot days): $2,000-$5,000 per day based
on cast/crew size
| |
|
Film/TV/commercial (prep/wrap days): 50% of shoot day pricing
| |
|
Photos/stills shoot days: $400-$1,500 based on hours and cast/crew
size
| |
|
Photos/stills (prep/wrap days): 50% of shoot day pricing
| |
|
Base camp/parking: $500-$1,500 flat rate based on cast/crew
size
| |
|
All shoots will be charged time and a half per hour for each
hour after contracted time (based on hourly rate breakdown).
| |
|
Location fees do not include personnel costs, which shall be
charged at $75 per hour before 8:00 a.m. and after 4:30 p.m. during
the week and anytime on weekends.
| |
|
An administration fee of 15%, excluding personnel costs, shall
be added to the permit fee.
| |
|
Private Property Fee Schedule:
| |
|---|---|
|
Film/TV/commercial (prep/wrap days): 10% of shoot day pricing;
$80-$200 based on cast/crew size
| |
|
Film/TV/commercial shoots: $800-$2,000 based on cast/crew size
| |
|
Photos/stills shoots: $200-$500 based on cast/crew size
| |
|
Photos/stills (prep/wrap days): 50% of shoot day pricing
| |
|
Fees for not-for-profit or educational projects on public or
private property may be waived or reduced in the discretion of the
City Manager.
| |
A.
Additional regulations. The City Manager may promulgate
additional regulations in furtherance of the findings and purpose
of this chapter.
B.
Waiver of a part or parts of this chapter, and/or
of other City ordinances, may be waived by the City Manager for a
particular filming and/or recording event on the City Manager's finding
that such waiver would be in the public interest of the surrounding
neighborhood and/or City as a whole.
[Amended 1-20-2009 by Ord. No. 11-2009]
A.
Each and every violation of this chapter shall be
punishable, upon conviction, by a fine of not less than $250 nor more
than $1,000 and/or imprisonment not exceeding 15 days for each and
every day of violation under this chapter.
B.
The imposition of such fine and/or imprisonment shall
not be the City's exclusive remedy in the event of 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.
