[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town of Boonton 7-20-2009 by Ord. No. 19-2009. Amendments noted where applicable.]
Editor's Note: This ordinance was originally adopted as Ch. 29 but was renumbered to maintain the organization of the Code.
As used in this chapter, the following terms shall have the meanings indicated:
- A. The taking of still, motion or digital pictures, either on film, videotape or any other form, type, method or medium of photographic or electronic recording by a person or persons other than the owner of the property being filmed, taped or otherwise recorded, for which said persons taking said pictures have or will compensate said property owner, or compensate the designee of said property owner; or
- B. The taking of still, motion or digital pictures, either on film, videotape, or any other form, type, method or medium of photographic or electronic recording, intended, in whole or in part, for commercial use of viewing on television, in theaters, or for advertising purposes other than the advertising of the property for sale or lease; or
- C. The assembling and setting up on private and/or public property, including but not limited to the property which is being filmed, videotaped or otherwise recorded, of all equipment needed for the filming, videotaping or other forms of recording referenced in Subsection A or B of this definition above, as well as the removal of the same upon completion.
[Amended 5-2-2016 by Ord. No. 6-2016]
Unless filming is solely on private property, no person shall film or permit filming within the Town of Boonton without first obtaining a permit, which permit shall set forth the location of such filming and the date or dates when filming shall take place.
[Amended 3-5-2018 by Ord. No. 4-2018]
Permits shall be obtained in the office of the Clerk or Administrator, and the application for the permit shall be in a form approved by the Clerk or Administrator or his or her designee, accompanied by a fee and filed at least five working days prior to the date of filming, along with a cash bond to cover any expenses the Town might incur as the result of the filming, the balance, if any, to be returned by the Town of Boonton. If the filming is to take place on any road, walkway or public land in Boonton, or will affect the use of any road, walkway or public land in Boonton, then the application for the permit shall be filed at least 30 days prior to the date of filming.
The Clerk has the authority to approve a permit request pursuant to this section so long as the application is complete and meets all criteria.
If the application is not complete, or if there are exceptional circumstances associated with the application, the Clerk shall forward the application to the governing body for review and determination.
Fees for a permit for filming and the amount of a cash bond to cover expenses shall be as follows:
Permit fees: All permit fees shall be nonrefundable.
For filming anywhere in town with no road, walkway or public land closures: $1,500.
For filming anywhere in town when road, walkway or public land closures will be required as a result of the filming activities: $5,000.
No fee for residents of Boonton who are grade school, middle school, high school, college or university students and wish to film for educational purposes. Proof of residency and the educational nature of filming will be required.
No fee for students enrolled in a Boonton school wishing to film for educational purposes. Proof of enrollment at a Boonton school and the educational nature of filming will be required.
Cash bond (amount to be refunded will be less any expenses incurred by the Town due to filming): $2,500.
A permit shall be sufficient to authorize outdoor or indoor filming for two days, within a period of not more than 10 days beginning on the date of issuance of the permit. If the filming does not take place on the dates specified in the permit due to inclement weather or other good cause, the Clerk or Administrator or his or her designee may issue a new permit at no additional fee.
No more than one permit for each resident may be issued in any one calendar year.
No permit shall be issued for filming within the Town of Boonton unless the applicant for such permit:
Provides insurance coverage for bodily injury for any one person in the amount of $100,000 and for any aggregate occurrence in the amount of $500,000.
Specifies in writing that the Town of Boonton will be indemnified and saved harmless from any and all liability or damages.
Where filming takes place on private property, obtains permission of the owner in writing.
Agrees to comply with all lawful directives issued by the Town of Boonton Police Department, Fire Department and all other departments where deemed necessary and has prepaid all costs associated with such directives, including but not limited to the cost of the presence of such police personnel which may be required. Any vehicles used in connection with or relating to the filming shall not be parked in any driveway nor shall the aggregate length of all such vehicles exceed the length of the lot frontage of the property on which the filming is occurring. All such vehicles must be parked in front of the property on which the filming is to take place whenever possible.
The holder of a permit shall be responsible for the removal, upon completion of filming, of all debris and equipment, or upon the expiration of the permit, whichever comes first.
Filming shall be permitted only Monday through Friday, and shall commence not earlier than 8:00 a.m. and shall be completed not later than 7:00 p.m. Notwithstanding any provision of Chapter 132 to the contrary, no filming shall take place on any holiday, which for the purposes of this chapter shall mean any federal, state or local holiday or any date during the school year on which the public schools of the Town of Boonton are closed.
No permit applied for shall issue unless first authorized by the Construction Official or his or her designee, the Chief of Police or his or her designee, and the Town Administrator or his or her designee. The Construction Official must refuse to issue a permit when the report by the Town of Boonton Police Department is to the effect that said filming would endanger the public health, safety or welfare. Any person aggrieved by the decision may appeal to the Mayor and Board of Alderman by filing said appeal within 10 days after the adverse decision. Said appeal shall be heard and decided by the Mayor and Board of Alderman within 30 days after being filed.
The Mayor and Board of Alderman may authorize a waiver of any of the requirements or limitations of this chapter.
The applicant shall notify the Construction Official or his or her designee at least 24 hours before filming in order to give the Official or his or her designee sufficient opportunity to notify the affected departments so that they may have an authorized representative inspect the site.
The owner of the property on which the filming is to occur shall, not later than 24 hours before such filming is to commence, give written notice to all residents within 200 feet of the property on which the filming is to occur of the date(s) and time(s) on which the filming is to occur.
The provisions of this chapter shall not apply to the filming of news stories concerning the Town of Boonton and any of the Town of Boonton activities.
Any person found guilty by the Municipal Court of violating any provision of this chapter shall, for each day that filming takes place without the permit required under this chapter, be fined not less than $1,000 nor more than $2,000.