[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie 12-17-2025 by L.L. No. 3-2026. Amendments noted where applicable.]
A. 
The Town Board finds that significant commercial filming and its associated activities on private and public property have been and will be taking place in the Town of Poughkeepsie and that such filming may benefit the Town but also may create hardship, inconvenience, danger, and nuisance to Town residents and visitors. Prospective impacts include, but are not limited to, disruption of traffic on public streets and private neighborhoods, and potential interference and utilization of police and other Town functions and operations.
B. 
The Town Board finds that the public's health, safety and welfare will be served by adoption of a local law providing for regulation of commercial filming on public property, and regulation of the same activities on private property where such activities will result in disturbance, interference, or inconvenience to the public, including but not limited to excess use and/or closure of roads in the Town, and noise, visual impacts, parking, equipment storage and other potential nuisances.
As used in this chapter, the following terms shall have the meanings indicated:
ADVERTISEMENT
Any film, as defined herein, produced for use in a television or internet commercial, or for a published advertisement.
FILM or FILMING
The taking of still or motion pictures, whether on film, videotape, digital recording, or by similar recording medium, for commercial or educational purposes and intended for viewing on television, in theaters or for institutional uses. Filming shall also include support activities such as transportation of people, equipment and supplies, interruption of traffic, staging, parking of automobiles and any other activity supporting filming. The provisions of this chapter shall not be deemed to include the filming of news stories within the Town of Poughkeepsie.
PUBLIC LANDS
Any public street, highway, sidewalk, square, public park or playground, or any other public place within the Town of Poughkeepsie, which is within the jurisdiction and control of the Town of Poughkeepsie.
A. 
No person or organization shall film commercially on public land or outdoor private property within the Town of Poughkeepsie, unless exempt as provided below, without first having obtained a permit from the Town of Poughkeepsie pursuant to this chapter. Such permit shall set forth the approved location and duration of such filming and applicable restrictions by reference to specific properties, day or dates, hours and regulated activities.
B. 
No person shall film Town employees in the course of their duties on behalf of the Town, for commercial purposes, unless the proponent first obtains a permit from the Town.
A. 
The provisions of this chapter shall not apply to and no permit or fee shall be required for the following activities, provided they will not require closure of a public street or right of way or substantially impede vehicular traffic:
(1) 
News media: reporters, or camera operators in the employ of a newspaper, news service, or similar entity engaged in publishing or broadcasting of news events concerning those persons, scenes or occurrences which are in the news and of general public interest;
(2) 
Filming conducted for use in a criminal investigation or civil or criminal court proceeding;
(3) 
Filming activities taking place under sponsorship of the Town of Poughkeepsie, whether on public or private property;
(4) 
Filming conducted solely for private or family use; and
(5) 
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.
B. 
An application for a film permit, as required by this chapter shall only be required for the following activities if street closures are proposed, and if required to apply, the application fee shall be waived:
(1) 
Projects that qualify under Section 501(c)(3) of the Internal Revenue Code.
(2) 
Off-campus filming by a student pursuant to a course of study at an accredited academic institution.
A. 
Applications may be submitted to the Town through the office of the Town Clerk in person or by mail and must contain the following:
(1) 
The name of the applicant;
(2) 
The street address or location of the properties where filming is to take place;
(3) 
Whether the applicant is owner or tenant in possession of property and authorization by the owner of property if the applicant is not the owner;
(4) 
Whether any street closures, sidewalk obstructions or other inconveniences to the public will be required, and the proposed dates and times for such closings; and
(5) 
Payment for the nonrefundable application fee, as set forth in the Town fee schedule.
B. 
The applicant shall submit a use plan showing the days and hours of proposed operation, parking plans and any mitigating measures proposed and the name, local address and local telephone number of a person who will be available 24 hours a day during the activity and who shall have control of and responsibility for the direction of all participants in the permitted activity and for the property for which the activity is permitted.
C. 
The Chief of Police shall have the power to enforce the conditions set by any permit granted pursuant to this chapter.
Filming is classified by its size and scope and its potential impact on the Town and its residents, according to the following criteria:
A. 
Type I permit (basic). Type I permits may be issued by the Town Supervisor, with Police Chief approval, if filming meets all of the following conditions:
(1) 
Filming is fully contained on private property;
(2) 
Filming is limited to daytime hours;
(3) 
Filming is limited to five or fewer continuous days at the location; and
(4) 
Filming involves minimal potential noise, traffic or light impacts outside of the property where filming occurs.
B. 
Type II permit.
(1) 
Type II permits may be issued by the Town Board, with Police Chief approval, if there are special or significant conditions that could potentially cause inconvenience or disruption to neighboring properties or traffic.
(2) 
Significant conditions include, but are not limited to, one or more of the following:
(a) 
Filming will occur on public property.
(b) 
Filming may impede normal vehicular or pedestrian traffic or disturb neighboring property owners.
(c) 
Filming is outside normal daytime hours.
(d) 
Filming exceeds five days at the location.
(e) 
Filming involves potential noise, traffic or light impacts, including, but not limited to, the use of any generator, pyrotechnic device or high-powered, amplified sound, artificial lighting other than camera-mounted or handheld equipment; or complete or partial closure of a road or interruption of traffic.
(f) 
Production requires oversized vehicles, such as motor homes, trailers, and/or box trucks or excessive numbers of vehicles that cannot be contained to private property.
(g) 
Production requires the use of special effects on the property, such as artificial rain, snow, fire, sound effects or others.
(h) 
Production requires the use of any off-site or public areas for staging areas, crowd control, parking, sanitary facilities, cleanup or any other use related to the production but not on the permitted property itself.
(i) 
Production requires the support of Town personnel.
(j) 
Any other significant conditions where the Town Supervisor determines that such filming may cause a significant impact on merchants, residents, visitors, or passers-by within the Town of Poughkeepsie, or any condition that may require the imposition of mitigation measures at the discretion of the Town Supervisor.
Applications for a permit must be filed with the Town Clerk a minimum of four weeks prior to the date when filming is to begin for Type II permits and one week prior to filming is to begin for Type I permits. However, the Town Supervisor may waive the respective four- and one-week periods and allow any shorter period, if in their discretion such shorter period will afford all applicable reviewing agencies sufficient time for their reviews.
A. 
Any permit issued hereunder shall attach conditions and safeguards ensuring the orderly conduct of the activity and the minimization of impacts of such use.
B. 
A permit may require an applicant to provide at least 48 hours' notice, before the set up of filming, to all property owners within a radius of 250 feet of the filming location. Such notice shall include a copy of the permit. Proof of such notification is required.
C. 
The permit may require the applicant to submit a deposit, which the Town shall hold in a separate fund pursuant to the terms of this agreement. The deposit shall provide for all Town expenses in light of the filming, including but not limited to expenses for deployment of police officers to respond to infractions of the Town Code or this agreement due to the production activity. The deposit shall also contain funds to be utilized in the event of any unforeseen damage caused by filming, and shall be replenished if depleted. The amount of the deposit shall be determined by the Town Supervisor in consultation with the Police Chief. Any unused funds in the deposit shall be returned to the applicant at the termination of the permit.
D. 
No site plan approval by the Planning Board nor building permits from the Building Department are required for placement, erection, or construction of a temporary structure that is to be removed prior to or upon conclusion of permitted filming activities; provided, however, if the Building Inspector requests, they shall be given access to inspect any such temporary structure for compliance with the Town Code, to ensure it does not pose a danger to the public and to remediate those that do pose a threat.
E. 
If a permit is issued and filming does not take place on the dates specified therein due to inclement weather or other good cause, the Town Supervisor may, at the request of the permit holder, issue a new permit for filming subject to full compliance with all provisions of this chapter and conditions of the original permit.
F. 
Permitee shall enter contracts for needed services to be provided by the Town, including with Town Police, Town Fire Districts, and other requested services.
G. 
Permittee agrees to indemnify, defend and hold harmless the Town of Poughkeepsie, its officers, employees, agents and representatives from all loss, cost, expense, damages, and suits, including reasonable attorney's fees, which relate to or arise from filming activities whether caused by the permittee or others, except to the extent caused by the negligence or willful misconduct of the Town of Poughkeepsie, its employees, agents and representatives.
H. 
Before engaging in filming the permittee shall provide proof of general liability, auto, and workers' compensation insurance consistent with the limits annexed. The general liability insurance shall name the Town of Poughkeepsie, its officers, employees, agents and representatives as additional insureds on policies written by New York admitted carriers with a waiver of subrogation in favor of the Town.
I. 
The above indemnity and insurance coverage shall include all filming locations and dates, and cover, for the benefit of the Town, all persons and entities involved in those activities.
J. 
Obtaining and delivering all required Town permits, other governmental permits (including County and NYSDOT) and owners' consents (including from the owners of all private properties and roads) in advance of filming.
A. 
Application fee. Permit holders shall pay an application fee to the Town of Poughkeepsie, in an amount set forth in the Town fee schedule.
B. 
Permit fee. Permit holders shall pay a daily fee to the Town of Poughkeepsie, from a range of amounts set forth in the Town fee schedule, as determined by the Town, based on scope, duration, and impact of filming.
C. 
Reimbursement of Town and residents.
(1) 
In addition to any other fees or costs mentioned in this chapter, the applicant shall reimburse the Town for any lost revenue, that the Town is prevented from earning because of permitted filming activity.
(2) 
For Type II permits the Town Board may additionally require, in light of the prospective impact of the filming on the community and its residents, a fund to compensate and/or restore such affected area.
D. 
Security and other Town services.
(1) 
In addition to any other fee or cost mentioned in this chapter, a permit holder shall also pay an hourly rate for use of any Town Police, Highway Department or other Town personnel or equipment or Fire District personnel in connection with any filming activities subject to this chapter, whether for security or other purposes. The permit holder shall enter into a police or relevant service agreement with requested department at least five days before such services are needed. If Town services are requested, such an agreement is a prerequisite to permit approval.
(2) 
The Town of Poughkeepsie Chief of Police, relevant Fire Chief and the Highway Superintendent or other designated Town personnel shall determine the number of personnel and equipment needed, if any, to provide adequate security precautions or other necessary services at the permitted location(s) and the date(s) and time(s) during which such precautions or services shall be required. Such services may also be provided upon written request by the permit-holder based upon the availability of personnel and equipment.
A. 
In the event the applicant disagrees with the Supervisor's designation of the type of permit required, the applicant may appeal the Town Supervisor's determination to the Town Board, and the Town Board, in its discretion, may either affirm the designation or modify such designation.
B. 
In the event that the Town Supervisor denies an application for a Type I permit, the applicant may appeal the Supervisor's determination to the Town Board, and the Town Board, in its discretion, may affirm the Town Supervisor's denial, grant the permit, or grant the permit with revised conditions and/or restrictions.
The permit holder and all agents, employees, and contractors thereof shall comply with the following requirements:
A. 
The permit holder shall comply with all instructions, requirements and conditions set forth in the permit.
B. 
The permit holder shall comply with any instructions given by the Town of Poughkeepsie Police Department officer(s) relating to the filming at the permitted location.
C. 
The permit holder shall comply with instructions given by Town employees assigned to regulate the filming at the permitted location.
D. 
The permit holder shall clean and restore all Town-owned property utilized during the filming to the same condition as existed prior to the filming.
E. 
The permit holder shall comply with all Town and State laws.
A. 
Any person, persons, corporation, company, group or other entity of any kind who or which fails to obtain the permit required herein, or otherwise violates any provision of this chapter, shall be guilty of an offense which shall be punishable by a fine of not more than $350 per offense and the Town Police ordering such illegal filming operations to stop.
B. 
The imposition of such fine shall not be the Town's exclusive remedy in the event of a violation of this chapter, and the Town may pursue any and all other legal remedies available in connection with any violation of this chapter or other Town laws, including Chapter 144, Nuisances.
A. 
The Town Supervisor may revoke a permit if the permit-holder or any agents, employees, or contractors of the permit holder fail to comply with the requirements set forth in this chapter or if the Town Supervisor determines that the permit application was false in any material detail. Notice of the grounds for revocation of the permit shall be provided in writing to the applicant or person in charge of the filming.
B. 
The Chief of Police may suspend the permit when the filming activities pose a hazard to persons or property and the location manager will not, or cannot, prevent the hazard after being instructed to do so by an officer of the Town of Poughkeepsie Police Department.
C. 
Violation of the terms and conditions of a permit, without prior written modification by the Town Supervisor, shall constitute a forfeiture of the privileges conveyed pursuant to the permit, thereby requiring that all filming activities cease immediately, subject to fine or penalty for violation of this chapter.