[[1]HISTORY: Adopted by the Town Board of the Town of New Castle 3-11-2014 by L.L. No. 2-2014. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 65, Environmental Quality Review,
adopted 9-27-1977 by L.L. No. 15-1997, as amended, was repealed 4-13-1999
by L.L. No. 5-1999.
The Town Board finds that filming, as defined herein, in the
Town of New Castle is a desirable practice that encourages artistic
development, local economy and tourism. Nevertheless, the Town Board
also finds that filming on private and public property in the Town
may create significant hardship, inconvenience, danger and discomfort
to the general public and residents of the Town of New Castle caused
by temporary adverse impacts, including traffic, noise, lights, vibrations,
odors, etc. By reason of the foregoing, the Town Board finds the the
health, welfare and safety will be served by adoption of a local law
providing a means or regulating, by license, the undertaking of any
filming on private or public property within the Town of New Castle.
The Town Board does hereby ordain and enact this chapter to accomplish
the aforesaid purposes. The existing policy of the Town of New Castle
concerning filming, adopted February 14, 1989, is hereby repealed,
revoked and superseded in its entirety.
As used in this chapter, the following terms shall have the
meanings indicated:
The taking of motion pictures, commercials and advertisements
and television shows, whether on film, videotape, photograph, digital
recording or by other recording medium, for commercial or educational
purposes, and intended for viewing on television, in theaters or for
institutional uses. This definition shall not include and no permit
or fee shall be required for:
[Amended 11-1-2022 by L.L. No. 16-2022]
Activities conducted solely for the purpose of reporting news
for newspapers, television and other news media;
Activities conducted entirely within a fixed place of business,
whether for commercial, noncommercial or educational purposes, where
such activities are regularly and lawfully conducted on the premises;
Activities conducted for use in a criminal investigation or
civil or criminal court proceeding;
Activities taking place under sponsorship of the Town of New
Castle; or
Activities conducted solely on private property, whether for
commercial, noncommercial or educational purposes, where the activities
will not result in temporary adverse impacts (e.g., light, noise,
vibrations, odors, etc.) on adjacent or neighboring properties.
Any filming with a budget in excess of $3,000,000; which
is part of a television series, special, documentary, or made-for-TV
movie; or which is financed, produced and/or distributed by a major
motion picture studio, including, but not limited to, the following:
Universal Pictures;
Warner Brothers, including New Line Cinema, Castle Rock Cinema,
Village Road Show and Bel-Aire;
Paramount, including MTV Films and Nickelodeon Movie;
20th Century Fox, including Fox Searchlight;
Sony/Columbia;
Disney/Miramax;
MGMUnited Artists; or
Dreamworks.
No filming shall be permitted on any private or public property
within the Town of New Castle, whether or not a fee is to be paid
or anything of value changes hands for use of such property, unless
the owner or tenant in control of the property, hereinafter sometimes
referred to as the "applicant(s)," first makes an application to and
obtains a license from the Town Administrator who shall obtain the
approval of the Police Chief.
A.
Applications may be submitted to the Town Administrator and must
contain the following information:
(1)
The name of the applicant;
(2)
The location of the property where filming is to take place;
(3)
The dates and times when said filming is to take place, including
potential rain dates (where filming is to take place outdoors);
(4)
A statement concerning whether the applicant is the owner or tenant
in possession of the subject property, and if the applicant is not
the owner, the name of the owner of the property and the property
owner's authorization;
(5)
The name of the person or entity the applicant wishes to allow to
film, if other than the applicant; and
(6)
Such other information as the Town may require.
B.
The applicant shall mail copies of its application, use plan and
all supporting documents, simultaneously with its filing with the
Town Administrator, to the owners of all properties within a radius
of 250 feet of the location of filming. Proof of mailing shall be
submitted to the Town Administrator no later than five business days
after submission of an application pursuant to this chapter.
C.
The applicant shall submit a use plan with its application, which
plan shall show:
(1)
The streets or sidewalks that will need to be closed, if any;
(2)
The location of any vehicles or equipment that will be stored on
location during the course of the filming;
(3)
The location and construction of any temporary structures to be placed
or constructed in connection with the filming;
(4)
Parking plans, if applicable;
(5)
Measures intended to mitigate potential temporary adverse impacts,
if applicable; and
(6)
The name, local address and local telephone number of a person who
will be available 24 hours a day during the activity and who shall
have control of and responsibility for the direction of all participants
in the permitted activity and for the property for which the activity
is permitted.
D.
The Town Administrator shall seek the advice of the Chief of Police,
Building Inspector and the Highway Department in reviewing such application.
E.
The Town Administrator may attach conditions and safeguards ensuring
the orderly conduct of the activity and the minimization of impacts
of such uses and may specify the duration and hours of operation of
such activities. The Town Administrator may require as a condition
of any license that the applicant utilize the services of a Town of
New Castle police officer or officers at the rate set forth in the
Town Fee Schedule.
F.
The Town Administrator may require the applicant to deposit with
the Town Clerk money sufficient to cover the anticipated cost of police
services or any other charge incurred by the Town in connection with
a proposed film project. Unused portions of such deposit shall be
returned to the applicant within five business days following completion
of filming, and if conducted wholly or partly on public property,
restoration of the film location to its prior condition. Any unpaid
balance for such charges not covered by the deposit shall be paid
in full to the Town no later than five business days after completion
of filming.
G.
Where filming shall take place wholly or partly on public property,
the Town Administrator may require the applicant to post reasonable
bond to assure adherence to the permit conditions set forth. The Town
Administrator may further require an applicant to furnish the Town
with a hold harmless and indemnification agreement, together with
a certificate of insurance relieving the Town from any potential liability
by virtue of the applicant's activities.
H.
The Chief of Police shall have the power to cause the conditions
set by any special license granted under this section to be enforced.
Each applicant shall pay a daily fee to the Town of New Castle,
as set forth in a fee schedule determined by the Town Board, for any
filming subject to licensing pursuant to this chapter.
A.
Unless the Town Board provides otherwise by resolution, filming shall
not be conducted at the same location (i.e., in the same building
or at the same location) on more than seven calendar days within any
twelve-month period.
B.
Unless the Town Administrator provides otherwise by resolution, filming
may not take place at any time except between the hours of 8:00 a.m.
and 7:00 p.m., Monday through Friday. The use of trailers and other
facilities set up by the applicant in connection with filming shall
be subject to the same time limitations.
C.
Applicants shall take reasonable steps to minimize the creation and
spread of debris and garbage from the filming location and shall be
responsible for the removal of all equipment, debris and garbage upon
completion of filming or expiration of the license, whichever comes
first. Applicants shall clean and restore all public property utilized
during filming to the same condition as existed prior thereto.
Where filming requires closure of any public right-of-way and
thereby temporarily eliminates access to an adjacent business, the
Town Administrator, in its sole discretion, may require as a condition
of the license that the applicant compensate the affected business(es)
for the resulting loss of income caused by elimination of access,
which compensation shall be in proportion to the duration of time
for which access to the affected business is obstructed.
A.
The Chief of Police may revoke a license issued pursuant to this
chapter if the holder, or any agents, employees, or contractors thereof,
fails to comply with the conditions set forth in the license, this
chapter, or any other law, rule, regulation or ordinance. Notice of
the grounds for revocation of the license shall be provided, in writing,
to the applicant.
B.
The Chief of Police may suspend a license issued pursuant to this
chapter when the filming activities pose a hazard to persons or property
and the location manager will not, or cannot, prevent the hazard after
being instructed to do so by an officer of the Town of New Castle.
C.
Violation of the terms and conditions of a license, without prior
written modification by the Town Administrator, shall constitute a
forfeiture of the privileges conveyed pursuant to the license, requiring
that all filming activities cease immediately.
D.
Any person or entity of any kind who or which fails to obtain the
license required herein or otherwise violates any provision of this
chapter shall, upon conviction, be guilty of an offense punishable
by a fine of not more than $1,000 per day per offense or by imprisonment
not exceeding 15 days, or by both such fine and imprisonment.
E.
The imposition of such fine shall not be the Town's exclusive remedy
in the event of a violation of this chapter. The Town may pursue any
and all other legal remedies available to it in connection with any
violation of this chapter, including recovery of costs and reasonably
attorney's fees incurred in the prosecution of any criminal or civil
proceeding.
A.
No applicant granted a license pursuant to this chapter shall be
cited for a noise violation or for any violation restricting the hours
of outdoor work unless such is a violation of the conditions of their
license.
B.
A license granted pursuant to this chapter which provides for the
temporary closure of a public right-of-way shall satisfy the requirement
for such permit or license as otherwise provided in the Town Code.
C.
Site plan approval is not required for filming or placement or construction
of any temporary structure in connection therewith, except that the
Building Inspector, or their designee, shall be permitted to inspect
any such temporary structure to ensure it does not pose a danger to
the public.
Notwithstanding any of the foregoing, 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.
The Town Board may authorize a waiver of any of the requirements
and/or limitations of this chapter whenever it determines that strict
compliance with such limitations or requirements will pose an unreasonable
burden upon the applicant and that such license may be issued without
endangering the public's health, safety or welfare.
