City of New Rochelle, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of New Rochelle 2-15-2000 by Ord. No. 27-2000; amended in its entirety 11-19-2002 by Ord. No. 205-2002. Subsequent amendments noted where applicable.]

§ 142-1 Findings and purpose.

The City Council of the City of New Rochelle finds a substantial amount of movie filming, videotaping, videorecording, television, and still photography, all for commercial purposes, has been occurring on private and public property, in the City and that such activities have caused inconvenience and discomfort to significant numbers of citizens and residents of the City and have disrupted the flow of traffic on public streets and in private neighborhoods.

§ 142-2 Permit required.

No person or entity shall, for commercial purposes, cause, direct, or conduct movie filming, videotaping, videorecording, television, still photographing, or other recording of visual images and/or audial sounds on private or public property in the City of New Rochelle without first applying for and obtaining a filming permit therefor from the City Manager.

§ 142-3 Application requirements.

The application for the filming permit shall contain the following at a minimum:
A. 
Name, address and telephone number of the applicant.
B. 
Name, address, consent of the property owner and tenant (the latter, if any).
C. 
Name, address and telephone number of persons in charge [director, production manager, and contact person(s)].
D. 
Street address.
E. 
Date(s).
F. 
Type of production, including title and celebrities, if any.
G. 
If for advertising purposes, name of product.
H. 
Scene description.
I. 
List of equipment and generator, if any.
J. 
Number of persons, cast and crew.
K. 
Number and type of vehicles.
L. 
Safety precautions to be undertaken by the applicant in the event that explosive devices, fire and/or hazardous chemicals, demolition of buildings or structures, and/or use of residential vehicles is proposed.
M. 
Plan to minimize disruption of traffic.
N. 
The following insurance and endorsement requirements shall apply only to public property: Certificate of insurance naming the applicant, property owner, and City of New Rochelle as insureds, with minimum coverage of $2,000,000 for public liability and $1,000,000 for property damage, together with evidence of statutory workers' compensation coverage. Such insurance coverage shall contain an endorsement that the applicant shall defend, hold harmless, and indemnify the City of New Rochelle against any and all claims, proceedings, or actions brought in connection with or as a result of the filming and/or recording activities.
[Amended 1-19-2016 by Ord. No. 20-2016]
O. 
Anticipated viewing place and date for filmed and/or recorded material.

§ 142-4 Filing and issuance of application.

A. 
An application for a filming permit shall be filed with the office of the City Manager in completed form, together with all applicable fees, at least one week prior to the first day of the proposed filming and/or recording date(s).
B. 
A separate permit shall be required for each calendar day, but an applicant may apply for permits for consecutive days on one application.
C. 
The City Manager may deny a permit in his or her sole and absolute discretion.
D. 
The filming permit shall contain the following information at a minimum:
(1) 
Date and time of the permitted event.
(2) 
A description of the event.
(3) 
The name and telephone number of persons who can be contacted by residents who have questions or problems prior to, during or after the event, including the names of a City Administration contact and the applicant's responsible representative.

§ 142-5 Notice to property owners in vicinity of filming.

[Amended 1-20-2009 by Ord. No. 11-2009]
A permittee under a filming permit shall be required to personally deliver or to mail a photocopy of the filming permit, and/or a letter of intent to film, to all owners of real property located within 100 feet of a 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 500 feet of a property line of such site, all at least two calendar days for personal delivery or four postmarked mail 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 warrant.

§ 142-6 Restrictions.

A. 
Filming and/or recording as permitted under a filming permit including all setup and takedown activities shall only be conducted between the hours of 7:00 a.m. and 11:00 p.m. Monday through Friday, and between the hours of 9:00 a.m. and 11:00 p.m. Saturday through Sunday.
B. 
No filming and/or recording shall be permitted on legal and religious holidays.
C. 
Filming and/or recording as permitted under a filming permit shall comply with all requirements and standards of the Noise Ordinance of the City of New Rochelle.[1]
[1]
Editor's Note: See Ch. 213, Noise.
D. 
Filming and/or recording as permitted under a filming permit shall comply with all requirements of the New York State Vehicle and Traffic Law and the Vehicle and Traffic Code of the City of New Rochelle.[2]
[2]
Editor's Note: See Ch. 312, Vehicles and Traffic.
E. 
No more than 12 filming permits shall be issued for any given filming and/or recording site address in any given calendar year.
F. 
A separate permit shall be required for each calendar day of filming and/or recording.
G. 
The City Manager may require the applicant to hire one or more off-duty police officers as a condition of the permit to assist with traffic and crowd control during the event.
H. 
The City Manager may require the applicant to obtain certification from the New Rochelle Fire Department that the filming and/or recording will not block emergency vehicle access to the filming and/or recording site and/or adjoining areas.
I. 
The City Manager may require the applicant to post reasonable bond naming the City as beneficiary thereof to assume adherence to the permit conditions and restrictions of the filming location.
J. 
No permit shall be issued for filming on a property with open Zoning Code, Building Code, Property Maintenance Code, and/or Fire Code violations.
[Added 9-20-2005 by Ord. No. 223-2005]

§ 142-7 Fees.

[Amended 1-19-2016 by Ord. No. 20-2016]
A nonrefundable preliminary permit application fee of $500 will be charged in anticipation of each filming project request made for public or private property. This fee shall be applied to the final permit fee, if applicable.
Public Property and Parks Location Fee Schedule:
Film/TV/commercial (shoot days): $2,000-$5,000 per day based on cast/crew size
Film/TV/commercial (prep/wrap days): 50% of shoot day pricing
Photos/stills shoot days: $400-$1,500 based on hours and cast/crew size
Photos/stills (prep/wrap days): 50% of shoot day pricing
Base camp/parking: $500-$1,500 flat rate based on cast/crew size
All shoots will be charged time and a half per hour for each hour after contracted time (based on hourly rate breakdown).
Location fees do not include personnel costs, which shall be charged at $75 per hour before 8:00 a.m. and after 4:30 p.m. during the week and anytime on weekends.
An administration fee of 15%, excluding personnel costs, shall be added to the permit fee.
Private Property Fee Schedule:
Film/TV/commercial (prep/wrap days): 10% of shoot day pricing; $80-$200 based on cast/crew size
Film/TV/commercial shoots: $800-$2,000 based on cast/crew size
Photos/stills shoots: $200-$500 based on cast/crew size
Photos/stills (prep/wrap days): 50% of shoot day pricing
Fees for not-for-profit or educational projects on public or private property may be waived or reduced in the discretion of the City Manager.

§ 142-8 Authority to promulgate regulations; waiver of provisions.

A. 
Additional regulations. The City Manager may promulgate additional regulations in furtherance of the findings and purpose of this chapter.
B. 
Waiver of a part or parts of this chapter, and/or of other City ordinances, may be waived by the City Manager for a particular filming and/or recording event on the City Manager's finding that such waiver would be in the public interest of the surrounding neighborhood and/or City as a whole.
[Amended 1-20-2009 by Ord. No. 11-2009]

§ 142-9 Penalties for offenses.

A. 
Each and every violation of this chapter shall be punishable, upon conviction, by a fine of not less than $250 nor more than $1,000 and/or imprisonment not exceeding 15 days for each and every day of violation under this chapter.
B. 
The imposition of such fine and/or imprisonment shall not be the City's exclusive remedy in the event of 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.