[HISTORY: Adopted by the Township Committee of the Township of Montville by Ord. No. 1308 as Ch. 5.20 of the 1998 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The taking of still or motion pictures either on film or videotape or similar recording medium, for commercial or educational purposes intended for viewing on television, in theaters or for institutional uses. The provisions of this chapter shall not be deemed to include the filming of news stories within the Township of Montville.
- PUBLIC LANDS
- Any and every public street, highway, sidewalk, square, public park or playground or any other public place within the Township which is within the jurisdiction and control of the Township of Montville.
No person or organization shall film or permit filming on public property within the Township of Montville without first having obtained a permit from the office of the Township Clerk, which permits shall set forth the approved location of such filming and the approved duration of such filming by specific reference to day or dates. Said permit must be readily available for inspection by Township officials at all times at the site of the filming.
All permits shall be applied for and obtained from the office of the Township Clerk during normal business hours. Application for such permits shall be in a form approved by the Township Clerk and be accompanied by a permit fee in the amount established by this chapter in § 173-4.
One permit shall be sufficient to authorize outdoor or indoor filming for a period not to exceed five days, provided that the maximum number of permits that may be authorized in any calendar year for premises located in a residential zone shall not exceed two without a waiver pursuant to § 173-3 of this chapter.
If a permit is issued and, due to inclement weather or other good cause, filming does not in fact take place on the dates specified, the Township Clerk may, at the request of the applicant, issue a new permit for filming on other dates subject to full compliance with all other provisions of this chapter. No additional fee shall be paid for this permit.
No permits will be issued by the Township Clerk unless applied for prior to 10 days before the requested shooting date; provided, however, that the Township Administrator may waive the ten-day period if, in his judgment, the applicant has obtained all related approvals and adjacent property owners or tenants do not need to be notified.
No permit shall be issued for filming upon public lands unless the applicant shall provide the Township with satisfactory proof of the following:
An agreement, in writing, whereby the applicant agrees to indemnify and save harmless the Township of Montville from any and all liability, expense, claim or damages resulting from the use of public lands;
The posting of a cash bond of $500 or a maintenance bond of $1,000, running in favor of the Township and protecting and insuring that the location utilized will be left, after filming, in a satisfactory condition, free of debris, rubbish and all equipment, and that due observance of all Township ordinances, laws and regulations will be followed. Upon the completion of the filming, the Township will return the bond if there has been no damage to public property or public expense caused by the filming;
The hiring of an off-duty Montville police officer for the times indicated on the permit.
The holder of the permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public lands and shall comply with all lawful directives issued by the Montville Police Department with respect thereto.
The holder of a permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners attributable to such filming and shall, to the extent practicable, abate noise and park vehicles associated with such filming off the public streets. The holder shall avoid any interference with previously scheduled activities upon public lands and limit, to the extent possible, any interference with normal public activity on such public lands. Where the applicant's production activity, by reason of location or otherwise, will directly involve and/or affect any businesses, merchants or residents, these parties shall be given written notice of the filming at least three days prior to the requested shooting date and be informed that objections may be filed with the Township Clerk, said objections to form a part of applicant's application and be considered in the review of the same. Proof of service of notification to adjacent property owners shall be submitted to the Township Clerk within two days of the requested shooting date.
Filming in residential zones shall be permitted Monday through Friday between the hours of 8:00 a.m. and 7:00 p.m. or sunset, whichever is earlier, provided that night scenes can be approved in the permit, and hours can be extended if the police officer on the scene determines that there is legitimate delay and the time extension will not greatly inconvenience neighbors.
The Township Administrator may refuse to issue a permit whenever he determines, on the basis of objective facts and after a review of the application and a report thereon by the Police Department and by other Township agencies involved with the proposed filming site, that filming at the location and/or the time set forth in the application would violate any law or ordinance or would unreasonably interfere with the use and enjoyment of adjoining properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise endanger the public's health, safety or welfare. Further, the Township reserves the right to require one or more on-site patrolmen in situations where the proposed production may impede the proper flow of traffic, the cost of said patrolman to be borne by the applicant as a cost of production. Where existing electrical power lines are to be utilized by the production, an on-site licensed electrician may be similarly required if the production company does not have a licensed electrician on staff.
Any person aggrieved by a decision of the Township Administrator denying or revoking a permit or a person requesting relief pursuant to Subsection H of this section may appeal to the Township Committee. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Administrator. An appeal from the decision of the Administrator shall be filed within 10 days of the Administrator's decision. The Township Committee shall set the matter down for a hearing within 30 days of the day on which the notice of appeal was filed. The decision of the Township Committee shall be in the form of a resolution supporting the decision of the Township Committee at the first regularly scheduled public meeting of the Township Committee after the hearing on the appeal, unless the appellant agrees in writing to a later date for the decision. If such a resolution is not adopted within the time required, the decision of the Administrator shall be deemed to be reversed, and a permit shall be issued in conformity with the application, or the relief pursuant to Subsection H of this section shall be deemed denied.
The Township Committee may authorize a waiver of any of the requirements or limitations of this chapter, and may authorize filming other than during the hours herein described or may extend the duration of a permit beyond five days or may permit filming at a particular location in a residential zone on more than two occasions during any one calendar year or may waive any other limitation or requirement of this chapter whenever it determines that strict compliance with such limitations will pose an unreasonable burden upon the applicant and that such a permit may be issued without endangering the public's health, safety and welfare.
Copies of the approved permit will be sent to the Police and Fire Departments before filming takes place and the New Jersey Film Commission. The applicant shall permit the Fire Prevention Bureau or other Township inspectors to inspect the site and the equipment to be used. The applicant shall comply with all safety instructions issued by the Fire Prevention Bureau or other Township inspectors.
In addition to any other fees or costs mentioned in this chapter, the applicant shall reimburse the Township for any lost revenue, such as parking meter revenue, repairs to public property or other revenues that the Township was prevented from earning because of filming.
The schedule of fees for the issuance of permits authorized by this chapter are included in Chapter 169, Fee Schedule, for the following:
Basic filming permit;
Daily filming fee payable in addition to basic filming permit;
Filming permit for nonprofit applicants filming for educational purposes (no daily rate required).