[HISTORY: Adopted by the Mayor and Council of the Borough of Red Bank as indicated in article histories. Amendments noted where applicable.]
Noise — See Ch. 450.
Article I Commercial Filmmaking
[Adopted 10-25-2010 by Ord. No. 2010-31]
As used in this article, these terms shall have the following meanings:
- FAMILY VIDEOS AND PHOTOGRAPHY
- The filming or videotaping of motion pictures, or still photography, intended solely for private use.
- The taking of commercial still photography or motion pictures either on film, videotape, or similar recording medium, for any purpose intended for viewing on television, in theaters or for institutional uses. This term shall not include family videos and photography, and news media, as defined herein.
- MAJOR MOTION PICTURE
- Any film which is financed and/or distributed by a major motion picture, or television production studio or corporation; or filming activity connected with any part of a production with an overall budget of $2,000,000, or more; or any recurrent television series programming.
- MOTION PICTURE, TELEVISION PICTURES, COMMERCIAL STILL PHOTOGRAPHY
- All activities attendant to the staging and/or shooting of commercial motion pictures, television series, television movies, commercials and to the taking of single or multiple photographs for sale or commercial use where the photographer sets up stationary equipment in any one location for longer than 60 consecutive minutes.
- NEWS MEDIA
- Photographic, filming, and/or videotaping for the purpose of spontaneous, unplanned television news broadcast or reporting for print media by reporters, photographers or cameramen.
- PUBLIC LANDS
- The areas, including but not limited to any public building, street, sidewalk highway, sidewalk, square, park, playground, and other public places, which is within the jurisdiction and control of the Borough of Red Bank.
- STUDENT FILMS
- Motion picture, television or still photography produced to satisfy a course or curriculum requirement at an accredited educational institution. The student filmmaker must supply proof that he/she is currently enrolled in any such educational institution.
No person shall use any public or private property, public right-of-way, facility, and/or residence for the purpose of taking motion pictures, television pictures or commercial still photography, as defined herein, without first applying for and receiving approval from the Special Events Committee and a permit the Borough Administrator of the Borough of Red Bank, as applicable.
The permit shall set forth the approved location of such filming and also the approved duration of such filming by specific reference to day or dates. No permit shall authorize filming for more than three consecutive days in any one location, and in no event shall filming at one location within the Borough exceed a total of six days in any one calendar year, regardless of the number of permits utilized in reaching this six-day maximum. Either or both of the three-consecutive-day and the six-day limitations may be extended only if the filming requested satisfies the major motion picture exception defined by § 355-10. Said permit must be readily available for inspection by Borough officials at all times at the site of the filming.
All permits shall be applied for obtained from the office of the Borough Clerk during normal business hours. Applications for such permits shall be in a form approved by the Borough Administrator and be accompanied by a permit fees in the amounts established by this article in § 355-11.
If a permit is issued and filming does not in fact take place on the dates specified due to good cause, including but not limited to reasons of inclement weather, the Borough Administrator may issue a new permit for filming on other dates subject to full compliance with all other provisions of this article. No additional fee shall be paid for this new permit.
The provisions of this section shall not apply to news media and family videos and photography.
Permits shall be issued by the Borough Administrator after review and approval of the Borough's Special Events Committee at one of its regularly scheduled meetings. Any such review shall determine whether any additional municipal services may be reasonably required depending upon the nature of the activities proposed.
Expedited permits may be issued by the Borough Administrator upon payment of the requisite fee. The Borough Administrator may issue the permit without approval of the Special Events Committee, so long as the application complies with all other requirements of this section. The Borough Administrator may determine whether any additional municipal services may be reasonably required depending upon the nature of the activities proposed. Expedited permits shall be issued at the close of the fourth business day after submission of a complete permit application.
No permits shall be issued unless all fees and reasonably necessary reimbursable expenses are paid to the Borough.
No permit shall be issued for filming upon public lands unless the applicant shall provide the Borough of Red Bank with satisfactory proof of the following:
Proof of insurance coverage, including but not limited to for bodily injury to any one person in the amount of $1,000,000, and any occurrence in the aggregate amount of $3,000,000;
For property damage for each occurrence in the aggregate amount of $1,000,000;
A written hold harmless and indemnification agreement acceptable to the Borough Attorney;
The posting of cash or maintenance bond for the value of $500, protecting and insuring that the location utilized for the filming will be left, in a satisfactory condition, free of debris, rubbish, and equipment, and that due observance of all Borough ordinances, laws, and regulations will be followed. Within seven days of the completion of the filming, the Borough will return the bond if there has been no damage to the public property or public expense caused by the filming.
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 Red Bank Police Department, the Fire Marshal and the Borough Administrator and with respect thereto.
The applicant shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners as a result of such filming and shall, to the extent practicable, abate noise and park vehicles off the public streets. All vehicles parked on public streets and rights-of-way shall be done so in accordance with all applicable state and local regulations.
The holder shall not interfere with previously scheduled activities upon public lands and limit, to the extent possible, any interference with normal public activity on such public lands.
The applicant shall give written notice of the filming to all businesses and residents within 200 feet of the filming location, and further, provide written proof of such notice at least three business days prior to the submission of a completed permit application. Such written notice shall be in a form acceptable to the Borough Administrator and shall inform such businesses and residents that objections may be filed with the Borough Administrator within the next three business days, said objections to form a part of applicant's application and be considered in the review of the same.
Filming in residential zones shall be permitted Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m., and all activity shall meet the standards of Chapter 450, Noise, of this Code, provided that all requests for night scenes shall be approved in the permit to be granted in accordance with § 355-7 hereof. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.
The Borough of Red Bank may refuse to issue a permit whenever it determines, on the basis of objective facts and after a review of the application by the Police Department and by other Borough 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.
The Borough reserves the right to require one or more Red Bank police officer(s), Fire Department personnel or any such other specialized Borough officials to remain on-site during the times indicated on the permit, in situations where the production may impede the proper flow of traffic, or otherwise impact upon public safety. The cost of all such personnel shall be borne by the applicant as 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 Borough denying or revoking a permit or a person requesting relief pursuant to § 355-5 may appeal to the Borough Council. A written notice of appeal setting forth the reasons for the appeal shall be filed within 10 days of said decision.
The Borough Council shall set the matter down for a hearing within 30 days of the filing of the notice of appeal. The decision of the Borough shall be in the form of a resolution at the first regularly scheduled public meeting, after the hearing of the appeal. The appellant may agree in writing to a later date for the decision.
The Borough may authorize filming other than during the hours herein described. In determining whether to allow an extension of hours under this article, the Borough shall consider factors, including but not limited to the following:
Traffic congestion at the location;
The applicant's ability to remove film-related vehicles off the public streets;
Whether the applicant is requesting restrictions on the use of public streets or public parking during the course of the filming;
Nature of the film shoot itself; e.g. indoor or outdoors; day or night; on public or private lands; proximity to residential neighborhoods; potential for disruption of normal residential or business activities; and
Prior experience of the film company/applicant with the Borough, if any.
Copies of the approved permit shall be sent to the Police and Fire Departments before filming takes place. The applicant shall permit the Police Department, the Fire Marshal or other Borough inspectors to inspect the site and equipment to be used. The applicant shall comply with all safety instructions issued by the Police Department, the Fire Marshal, or other Borough inspections.
In addition to any and all other fees or costs mentioned in this article, the applicant shall reimburse the Borough for any lost revenue, including but not limited to, repairs required to public property, and any revenues that the Borough was prevented from earning because of the filming.
The schedule of fees for the issuance of permits authorized by this article are as follows:
Basic filming permit (Special Events Committee review): $100.
Expedited permit (Borough Administrator review): $250.
Student films: no permit fee. Student films are otherwise liable for all other Borough costs, except for filming or photography that is part of a course of study at any Red Bank educational institution, including but not limited to, the Red Bank Public Schools, the Red Bank Charter School, Red Bank Catholic High School, or the Red Bank Regional High School District, or such other educational facilities located within the Borough.
Overnight parking/use of Borough lot(s): at cost.
Police/fire protection: at cost.
Use of Borough buildings, public parks, or closing of any street(s): $500 per facility, per day.
Where the owner of the premises is not the applicant for a permit required by this article, both the owner and the applicant shall each be liable for violations hereof. Any person violating this article or these rules and regulations, upon conviction thereof, shall be punished by a fine not exceeding $1,000 per day or by imprisonment in the county jail for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.