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:
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.
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.
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.
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.