[HISTORY: Adopted by the Common Council of the City of Hudson 9-17-2024 by L.L. No. 8-2024. Amendments noted where applicable.]
This chapter shall be known as the "City of Hudson Filming Law."
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 Hudson. 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 of a concert event for a not-for-profit 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.
A group of people who are involved in the practical and technical
business of shooting a film or commercial photography. A crew shall
include but is not limited to camera operator, stylist, lighting technician,
sound technician, actor, model, director, etc.
All activity in preparation of, and attendant to, staging,
making, striking, filming, video recording, commercial motion pictures,
television shows, programs, and commercials, including magazines or
documentary programs.
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 they are currently enrolled.
A fixed place of business where filming activities are regularly
conducted upon the premises.
A.
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 Hudson to cause, direct
or conduct filming activities as defined without first applying for
and obtaining a film permit from the City of Hudson.
B.
Still photography 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 Hudson to
cause, direct or conduct still photography activities where a crew,
as defined in this chapter, of three or more is engaged without first
applying for and obtaining a film permit from the City of Hudson.
C.
Exemptions.
(1)
The following activities shall not require an application or film
permit under the provisions of this chapter:
(a)
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)
Family or personal use video: the filming or videotaping of
motion pictures solely for private family use.
(c)
City-produced government access films.
(2)
A film/still photography permit application as required by this chapter
shall be completed and submitted without a fee for the following activities:
(a)
Charitable films: projects that qualify under Section 501(c)(3)
of the Internal Revenue Code.
(b)
Student films.
(c)
Concert film by a not-for-profit entity.
(d)
Any entity that is producing a film or films, or still photographs,
for purposes of promoting Hudson, NY, as a destination for visitorship,
or business expansion, or economic development.
(e)
Any business or entity that is based primarily in Hudson, NY.
The application for such film/still permit shall be made upon
forms prescribed therefor by the City and require, at minimum, the
following information:
A.
The name, type, and purpose of the production.
B.
The name, address, telephone number and email address of the applicant.
C.
The name, address and telephone number of the production company.
Primary contact for the production, such as producer, production manager,
or location manager.
D.
If different from Subsection B, the name, address, telephone number and email address of the person(s) in charge of the production and who will be on location during the duration of the production.
E.
The street address(es) of the location(s) at which filming will take
place.
F.
The dates and hours during which filming activity will occur.
G.
An anticipated number of persons, including cast and crew, to be
involved.
H.
List of equipment and generator, if any.
I.
Number and type of vehicles used in production with identification
of historic or period vehicles or equipment that will be used in the
production.
J.
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.
K.
Plan to minimize disruption of traffic and parking.
L.
For any aerial or drone photography or videography, the flight plan,
name and contact information for RPIC, anticipated UAS(s) in use,
and a copy of any pilot certifications, and proof of insurance.
M.
Requests for City services and equipment, including, but not limited
to, signs, barricades.
N.
Insurance.
(1)
Certificate of liability insurance covering the event to be held
and naming the City of Hudson 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 Hudson against any and all claims,
proceedings or action brought in connection with or as a result of
the filming and/or recording activities.
A.
The application for a film permit shall be filed with the office
of the City Clerk in completed form together with all applicable fees
no less than three business days' prior to commencement of such
filming activities.
B.
The issuing authority shall be the Mayor or their designee. The Mayor
may deny a permit in their sole and absolute discretion.
C.
Any change in the applicant's/permittee's planned activities
as set forth in the film permit application shall be submitted, in
writing, to the Mayor or their designee at least one business day
in advance of the change and approved or denied in the same manner
as the original film permit application.
The fees for each filming/still permit shall be as set forth
by resolution of the Common Council and shall include a nonrefundable
application fee and a fee for each permit issued, all of which shall
be paid to the City Clerk. No film permit shall be issued to an applicant
who owes the City money on a prior permit of any kind.
A.
The applicant/permittee shall, in the credits of the motion picture
or television program, acknowledge the production was filmed in the
City of Hudson.
B.
All filming activities, including setup and takedown activities,
shall take place in the hours specified in the film permit.
C.
Filming and/or recording activities as permitted under a film permit shall comply with all the requirements and standards of Chapter 210, Noise, of this Code of Ordinances.
D.
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 filming at the scene and restored to
the original condition before leaving the site.
E.
Filming and/or recording under a film permit shall comply with all requirements of the New York State Vehicle and Traffic Law and Chapter 305, Vehicles and Traffic, of this Code of Ordinances, except as follows:
(1)
The applicant/permittee shall obtain permission of the Mayor 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)
The applicant/permittee shall obtain the permission of the Mayor
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)
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)
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)
Traffic shall not be detoured across a double line without prior
approval of the City of Hudson.
(6)
Unless authorized by the City, any camera cars must be driven in
the direction of traffic and must observe all traffic laws.
F.
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.
G.
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 Mayor may
require notice to additional owners of real property in the vicinity
if conditions of the filming and/or recording so require.
A.
The Mayor may promulgate additional regulations in furtherance of
the findings and purpose of this chapter.
B.
The Mayor may grant a waiver of a part or parts of this chapter,
and/or other City ordinances if the Mayor is so authorized therein,
for a particular filming and/or recording event on the Mayor's
written finding that such waiver would be in the public interest of
the surrounding neighborhood and/or City as a whole.
A.
Permit revocation. A film permit may be revoked by the Mayor or their
designee 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.
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 Mayor to the permittee within two working days
of the suspension.
C.
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 within 30 days of the decision of the Mayor
to the full Common Council, which may recommend that it overturn the
decision after a hearing. The decision of the Common Council will
be final.
A.
Each and every violation of this chapter shall be punishable by a
fine of not less than $250 for each and every day a violation of this
chapter is found to exist.
B.
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.
