As used in this chapter, the following terms shall have the
meanings indicated:
FILM, FILMING, FILMMAKING or FILMING ACTIVITY
All activity to be taken in preparation of and attendant to the planning, staging or production of a commercial motion picture, television show or program, documentary, advertisement or similar type marketing video or recording, social media production, or any other video or recording produced for commercial gain or distribution, unless expressly excepted per §
140-6 below.
All fees applicable to permits obtained pursuant to this chapter
shall be fixed by resolution of the Town Board and set forth in the
Town's Schedule of Fees. All such fees shall be paid to the Town
Clerk and made payable to "Town of New Windsor."
A filming permit will not be required in the following circumstances:
A. Filming by a not-for-profit entity to be done on public or private
property, though an application for same must still be provided to
the Town Clerk's office in order that the Town is aware that
such filming will be taking place (no fee shall apply);
B. Noncommercial filming conducted on private property, solely for private
or family use;
C. Filming conducted solely by or for a charitable organization, qualified
as such per Section 501(c)(3) of the Internal Revenue Code, though
an application for same must still be provided to the Town Clerk's
office in order that the Town is aware that such filming will be taking
place (no fee shall apply);
D. Family or personal use video or still photography on public or private
property, taken during events, tournaments or the like, which are
conducted under sponsorship of, contract with, and/or permission of
the Town of New Windsor.
E. The recording of municipal public meetings, consistent with the provisions
of the New York Open Meetings Law and policies.
F. Filming and still photography taken for or by television or internet-based
news organizations for the reporting of news events.
G. Filming on private property, which has already obtained a special
use permit for commercial studio productions from the Planning Board
for the Town of New Windsor.
H. Filming for law enforcement purposes or by anyone in furtherance
of a civil or criminal court proceeding;
I. Commercial still photography, or staging thereof, when conducted
to the exclusion of any other filming, provided the still photography
will not require closure of any public street or sidewalk or otherwise
obstruct a public right-of-way; and
All applicants must comply at all times with all sections of the Town Code, including, but not limited to noise and illumination controls set forth in Town Code §
300-71. All applicants must also comply at all times with all sections of the New York State Uniform Fire Prevention and Building Code and must obtain any necessary permits attendant thereto, in addition to the permit required pursuant to this chapter.
Town Code Enforcement Officers, or any agents designated with
the same authority, shall have the right to inspect any area of filming
at any time and without prior notice.
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.