§ 9-02 Processing of Permit Applications.
(a) Definitions. For purposes of this chapter, the following terms shall have the following meanings:
“Equipment” includes, but is not limited to, television, photographic, film or videocameras or transmitting television equipment, including radio remotes, unmanned aircraft (including drones), props, sets, lights, electric and grip equipment, dolly tracks, screens, or microphone devices, and any and all production related materials. “Equipment” does not include (1) “hand-held devices,” as defined in this subdivision, and (2) vehicles, as defined in section one hundred fifty-nine of the New York vehicle and traffic law, that are used solely to transport a person or persons while engaged in the activity of filming or photography from within such vehicle, operated in compliance with relevant traffic laws and rules.
“Filming” means the taking of motion pictures, the taking of still photography or the use and operation of television cameras or transmitting television equipment, including radio remotes and any preparatory activity associated therewith, and includes, but are not limited to, the making of feature or documentary films, television serials, webcasts, simulcasts, or specials.
“Film Office” means the office or division of an agency with authority to issue permits pursuant to 43 RCNY Chapter 9 formerly known as the Mayor’s Office of Film, Theatre & Broadcasting.
“Hand-held devices” means (1) film, still or television cameras, videocameras or other equipment which are held in the photographer’s or filmmaker’s hand and carried at all times with the photographer or filmmaker during the course of filming, or (2) tripods used to support film, still, television cameras or videocameras. “Hand-held devices” does not include cables or any other item or equipment not carried by the photographer or filmmaker at all times during the course of photography, filming, or transmission.
“New Project Account application” means a request submitted on the Film Office’s electronic application by an applicant indicating that the applicant intends to request one or more permits for scouting, rigging and/or shooting activities.
“Photography” means the taking of moving or still images.
“Rigging/de-rigging” means the loading in or loading out, loading, or unloading, of any shooting or production related equipment, including but not limited to props, sets, electric and grip equipment, at any location, time and date where film or theatrical production is not occurring.
“Same date” means the same actual calendar date (numerical date and month).
“Same location” means the location identified in the rigging permit or the shooting permit application.
“Scouting” means the act of viewing, assessing, and photographing locations for filming or photography during pre-production or production for, including, but not limited to, still photography, feature films, television series, mini-series, or specials.
“Shooting” includes (a) filming interiors or exteriors, and (b) theatrical productions whose performances are presented indoors.
(b) New project account application and permit application for scouting, rigging and/or shooting activities.
(1) The following steps must be taken to obtain a scouting, rigging, and/or shooting permit:
a. Submission of a New Project Account Application to the Film Office.
(i) For any activity needing a permit, a New Project Account application shall be valid for one or more consecutive periods of 14 consecutive calendar days, as requested on such application.
(ii) A new Project Account application shall be valid for no more than one season (for episodic programs) or for no more than one year (for other activities).
(iii) For special content produced by a program, including but not limited to a concert or awards show a separate New Project Account application shall be required. If such special content requires a Premiere Permit as set forth in 43 RCNY Chapter 8, a separate New Project Account application will not be required.
b. A New Project Account application, when submitted in connection with a Permit, must be accompanied by a non-refundable fee of $500.00 per each requested period of 14 consecutive calendar days. An applicant may make a request for a waiver of such fee prior to submitting an application. The Film Office shall have the authority to waive such fee where the applicant is able to demonstrate unreasonable hardship. The burden of demonstrating unreasonable hardship shall be on the applicant.
c. At the same time, an applicant must seek a scouting, rigging, and/or shooting permit.
d. At the same time, or prior thereto, the applicant must have obtained and provided to the Film Office proof of insurance for a policy that reflects the requirements contained in 43 RCNY § 9-03.
(2) New Project Account Application contents. Applicants must complete an application, on a form prescribed by the Commissioner of the Mayor’s Office of Media and Entertainment, providing detailed information about the applicant and the project, proof of insurance required pursuant to 43 RCNY § 9-03, and, for film school applicants, a letter from the school confirming insurance coverage and the student’s enrollment and a copy of the student’s school identification card.
(3) Scouting, rigging and/or shooting permit applications. When applicants submit a scouting, rigging and/or shooting permit application, on a form prescribed by the Film Office, they must:
a. Identify the date(s), time(s) and location(s) of such activity; and
b. Identify any special circumstances including, but not limited to, information regarding whether the activity involves requests for parking, traffic control, or special effects.
(4) Processing of permits. All permit applications will be processed based on the date of the proposed activity. If there are multiple applications for rigging or shooting permits for the same location on the same date and time, the Film Office will review the applications in order of receipt.
(5) The Film Office shall respond to the applicant with one of the responses enumerated in subparagraphs a through c of paragraph (6) of this section in accordance with the following schedule:
a. For applications filed 45 days or more prior to the date for which such permit is sought, the Film Office shall respond no later than 30 days after the receipt of such applications;
b. For applications filed less than 45 days but more than 15 days prior to the date for which such permit is sought, the Film Office shall respond no later than ten days after the receipt of such applications; or
c. For applications filed 15 days or less prior to the date for which such permit is sought, the Film Office shall respond as soon as is reasonably practicable.
d. No application may be filed more than sixty days prior to the date of the requested event, unless special circumstances are presented to the commissioner or the commissioner’s designee for approval.
(6) Determination upon review of application. Following receipt of an application, the Film Office will make one or more of the following determinations:
a. Issuance of the particular permit.
b. Written notification that more information is needed before the Film Office can make a determination as to a particular permit application.
c. Written notification that the particular permit application has been denied and a statement of the reason or reasons pursuant to paragraph (7) of this subdivision for such denial.
(7) Denial of new project account applications or scouting, rigging, and/or shooting permit application. The Film Office may deny a permit if any one or more of the following issues exists:
a. Conditions exist that may pose a danger or a threat to participants, onlookers or the general public;
b. The location sought is not suitable because the proposed use cannot reasonably be accommodated in the proposed location;
c. The date and time requested for a particular location is not available because (i) a permit has previously been issued for such date and time, or (ii) the date and time has already been requested by another applicant, (iii) another City agency has issued a permit for such date or time, or (iv) the Film Office has issued a permit pursuant to 43 RCNY Chapter 8 for such date or time;
d. The Film Office has concluded, based on specific information, that the applicant is unlikely to comply with the material terms of the requested permit;
e. Use of the location or the proposed activity at the location would otherwise violate any law, ordinance, statute, or regulation; or
f. Use of the location would interfere unreasonably with the operation of City functions.
(8) If the permit has been denied pursuant to subparagraphs a, b, c, e (with respect to location) or f of paragraph (7) of this subdivision, the Film Office shall employ reasonable efforts to offer the applicant suitable alternative locations and/or times and/or dates for the proposed rigging or shooting. If the permit has been denied pursuant to subparagraph d, the Film Office may consider whether special conditions may be placed or whether additional steps can be taken to address its concern about potential non-compliance.
(9) The denial of a permit shall be in writing and shall contain information about the right to appeal such denial unless the applicant, in its application, authorizes the Film Office to issue an oral determination in connection with the filing of the application. Subsequent to the filing of such application, an applicant may request a written determination upon notifying the Film Office in writing that such applicant now seeks a written determination. Upon receiving such request for a written determination, the Film Office shall respond in accordance with the requirements of paragraph (5) of this subdivision, such time to respond commencing on the date of receipt by the Film Office of the notification.
(10) After a permit application is denied, the applicant may appeal a written determination by written request filed with the appeals officer who may reverse, affirm, or modify the original determination and provide a written explanation of his or her finding.
a. If a permit application is denied more than 30 days prior to the proposed scouting, rigging, or shooting, the applicant shall have 10 days from the date that such denial is e-mailed to the applicant to appeal such denial. The Film Office will render a decision on such appeal within 10 days of receipt of such appeal.
b. If a permit application is denied more than 10 days and less than 30 days prior to the proposed scouting, rigging, or shooting, the applicant shall have 5 days from the date such denial is e-mailed to the applicant to appeal such denial. The Film Office will render a decision on such appeal within 5 days of receipt of such appeal.
c. If a permit application is denied 10 days or less prior to the proposed scouting, rigging, or shooting, the applicant shall have one day from the date such denial is e-mailed to the applicant to appeal such denial. The Film Office will render a decision on such appeal as soon as is reasonably practicable.
(c) Responsibilities of Holders of Required Permits.
(1) Rules: All permittees are subject to the rules of the Film Office, the specific terms and conditions of the permit, and all applicable city, state, and federal laws or rules. Nothing herein is intended to authorize activities that are illegal under any applicable city, state or federal law or rule, except that permittees may engage in such conduct as is expressly authorized by the permit issued to them.
(2) Display of permit: All permittees shall have the permit in their possession on location at the time and site of the scouting, rigging, or shooting, as well as any other permits required by the Film Office or any other governmental agency, and shall make such permit available for inspection at the request of an employee of the Police Department or other government agency.
(3) Permit restrictions: All permittees shall confine their activities to the locations and times specified on their permit. The Film Office may establish specific guidelines to address conditions that exist at certain designated locations and the use of vehicles and equipment at locations based on, among other considerations, the time of day, weather conditions, season, location, and day of the week.
(4) Non-transferability: Permits are not transferable.
(5) Clean-up: All permittees are responsible for cleaning and restoring the site after the rigging or shooting. The cost of any City employee time incurred because of a permittee’s failure to clean and/or restore the site following the rigging or shooting will be borne by the permittee.
(6) Accidents or injuries: Should there be any injuries, accidents, other health incidents or damage to private, City, or other public property at a permitted location, the permittee must notify the Film Office immediately.
(7) Vehicle parking: Only vehicles registered with the Film Office will be allowed to park in areas designated for the rigging or shooting activity at the time(s) and location(s) described in the applicable permit.
(8) Dolly track or other equipment: No dolly track or other equipment, including cables, may be laid across a street or a bike lane or block an emergency access lane without prior approval of the Film Office and NYPD and, with respect to an emergency access lane, the FDNY.
(9) FDNY permits and approvals: As a condition of obtaining a permit under this chapter, the permittee must obtain all relevant required permits from the FDNY pursuant to Fire Code § 105.6, including, but not limited to, permits for fireworks, flammable and combustible liquids, hot work operations, liquified petroleum gas, open flames, pyrotechnic material, and special effects. In addition to obtaining a permit from FDNY, the permittee must obtain permission from the Film Office and NYPD.
(10) Animals: Wild animals, as defined in 24 RCNY Health Code Article 161, § 161.01, shall be used only upon authorization by the New York City Department of Health and Mental Hygiene, and subsequent approval must be obtained from the Film Office prior to shooting.
(11) Potentially dangerous activities: Conduct or activities associated with rigging or shooting permits that are determined by the Film Office to cause a potential danger to persons or property will be referred by the Film Office for approval by the NYPD or other governmental agency having jurisdiction over such activity. Such activities shall include, but not be limited to, the use of stunts, helicopters, the takeoff and landing of certain unmanned aircraft, firearms, or simulated firearms.
(12) Emergency access: The permittee must maintain an unobstructed lane of not less than 15 feet in width. Such requirement may be waived or reduced by the Film Office upon an appropriate showing of need or at the discretion of the NYPD and the FDNY.
(13) Trees and plantings: Trimming, removing, cutting, or otherwise altering trees or vegetation on City property is prohibited without the prior approval of the New York City Department of Parks and Recreation. If a tree or vegetation is damaged or destroyed by the permittee and the permittee (including the permittee’s employee, officer, contractor, or agent) has actual knowledge of such damage or destruction, the permittee must promptly notify the designated unit or office of the New York City Department of Parks and Recreation and the Film Office.
(14) Street structures: No street signs, lights, parking meters or any other permanent street structure may be removed or altered without the prior approval of the New York City Department of Transportation or other agency charged with maintaining such structures.
(15) Production location access: If determined by the Film Office to be appropriate, permittees must submit a mitigation plan for minimizing the potential inconvenience to residents and/or businesses caused by rigging or shooting activities.
(16) Food services: There shall be no sit-down catered meals permitted on public streets or sidewalks.
(17) Code of Conduct: All permittees are subject to the Code of Conduct issued by the Film Office and must ensure that all cast and crew comply with such Code of Conduct. The Film Office shall publish the Code of Conduct on its webpage. The permittee is responsible for providing a copy of the Code of Conduct to the cast and crew of each permitted rigging or shooting activity and each cast and crew member is required to follow the Code of Conduct.
(d) Modifications to or suspension of required permits.
(1) If a permittee seeks to modify its permit, it must submit a revision to said permit, which will be governed by the same timetable as provided in paragraph (5) of subdivision (b) of this section.
(2) If the Film Office determines that modifications should be made to the terms or conditions of any permit, or that a permit should be revoked, after notice and opportunity to be heard, the Film Office may do so, based upon reasons set forth in paragraph (7) of subdivision (b) of this section.
(3) If the Film Office revokes any permit prior to the date of the scouting, rigging, or shooting, the permittee may appeal the revocation, subject to the time limitations set forth in paragraph (10) of subdivision (b) of this section.
(4) During the course of scouting, rigging, or shooting, the Film Office or the NYPD may suspend any permit where public health or safety risks are found or where exigent circumstances warrant such action. Where a suspension lasting longer than six hours occurs, permittees shall be given notice and an opportunity to be heard within ten days after the suspension.
(Amended City Record 12/1/2023, eff. 12/31/2023)
