[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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
No permit shall be issued for filming upon public
lands unless the applicant shall provide the Township with satisfactory
proof of the following:
(2)
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;
(3)
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;
(4)
The hiring of an off-duty Montville police officer
for the times indicated on the permit.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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:
