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concerning filming, adopted February 14, 1989, is hereby repealed,
revoked and superseded in its entirety.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:
COMMERCIAL PRODUCTION
Any filming which is part of a television series, special,
documentary, or made-for-TV movie; or which is financed, produced
and/or distributed by a motion-picture studio, or online entertainment
provider, including, but not limited to:
[Amended 12-5-2023 by L.L. No. 8-2023]
B.
Warner Brothers, including New Line Cinema, Castle Rock Cinema,
Village Road Show and Bel-Aire;
C.
Paramount, including MTV Films and Nickelodeon Movie;
D.
20th Century Fox, including Fox Searchlight;
I.
Streaming services consisting of an online provider of entertainment
(music, movies, etc.) that delivers the content via an internet connection
to a computer, TV or mobile device, including but not limited to Netflix,
Amazon Prime Video, Hulu, Spotify and Apple Music as examples.
FILMING
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, educational,
or not-for-profit purposes/uses. This definition includes, but is
not limited to, on-site presence and mobilization, setup, and breakdown.
This definition shall not include, and no permit or fee shall be required
for:
[Amended 11-1-2022 by L.L. No. 16-2022; 12-5-2023 by L.L. No. 8-2023]
A.
Activities conducted solely for the purpose of reporting news
for newspapers, television and other news media;
B.
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;
C.
Activities conducted for use in a criminal investigation or
civil or criminal court proceeding; or
D.
Activities taking place under sponsorship of the Town of New
Castle.
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.
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.
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.
[Amended 12-5-2023 by L.L. No. 8-2023]
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 24 months from the date of such
conviction and satisfaction of fines in connection therewith.
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.