[HISTORY: Adopted by the City Council of the City of Newburgh 3-13-2017 by Ord. No. 5-2017. Amendments noted where applicable.]
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.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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.
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.
The City Manager's designee responsible for routing
and processing film permits.
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.
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.
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.
A fixed place of business where filming activities are regularly
conducted upon the premises.
A.Â
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.Â
Exemptions.
(1)Â
The following activities shall not require an application or film
permit under the provisions of this chapter:
(a)Â
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)Â
Family or personal use video: the filming or videotaping of
motion pictures solely for private-family use.
(c)Â
Photographers engaged in still photography.
(d)Â
City-produced government access films.
(2)Â
A film permit application as required by this chapter shall be completed
and submitted without a fee for the following activities:
The application for such film permit shall be made upon forms
prescribed therefor by the City and require, at minimum, the following
information:
A.Â
The name, address, telephone number and e-mail address of the applicant.
B.Â
The name, address and telephone number of the production company
and the name, address and telephone number of the production company
owner.
C.Â
The name, address, telephone number and e-mail address of the person(s)
in charge of the film production as the contact person.
D.Â
The street address(es) of the location(s) at which filming will take
place.
E.Â
The dates and hours during which filming activity will occur.
F.Â
An estimated number of persons, including cast and crew, to be involved.
G.Â
List of equipment and generator, if any.
H.Â
Number and type of vehicles.
(1)Â
Identify historic or period vehicles or equipment that will be used
in the production.
I.Â
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.Â
Plan to minimize disruption of traffic and parking.
K.Â
Requests for City services and equipment, including, but not limited
to, signs, barricades.
L.Â
Insurance:
(1)Â
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)Â
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)Â
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.
A.Â
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.Â
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.Â
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.
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.
A.Â
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.Â
All filming activities, including setup and takedown activities,
shall take place in the hours specified in the film permit.
C.Â
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.Â
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.Â
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.Â
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)Â
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)Â
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)Â
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)Â
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)Â
Traffic shall not be detoured across a double line without prior
approval of the City of Newburgh.
(6)Â
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.Â
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.Â
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.
A.Â
The City Manager may promulgate additional regulations in furtherance
of the findings and purpose of this chapter.
B.Â
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.
A.Â
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.
B.Â
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.Â
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.
A.Â
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.Â
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.
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.