[HISTORY: Adopted by the Mayor and Board of Aldermen of the
Town of Boonton 7-20-2009 by Ord. No. 19-2009.[1] Amendments noted where applicable.]
[1]
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:
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
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
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]
A.
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]
B.
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.
(1)
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.
(2)
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.
C.
Fees for a permit for filming and the amount of a cash bond to cover
expenses shall be as follows:
(1)
Permit fees shall be as provided in Chapter 130, Fees, Article III, Fee Schedule. All permit fees shall be nonrefundable.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
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.
(b)
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.
(2)
Cash bond (amount to be refunded will be less any expenses incurred
by the Town due to filming): $2,500.
D.
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.
E.
No more than one permit for each resident may be issued in any one
calendar year.
A.
No permit shall be issued for filming within the Town of Boonton
unless the applicant for such permit:
(1)
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.
(2)
Specifies in writing that the Town of Boonton will be indemnified
and saved harmless from any and all liability or damages.
(3)
Where filming takes place on private property, obtains permission
of the owner in writing.
(4)
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.
B.
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.
C.
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.
D.
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.
E.
The Mayor and Board of Alderman may authorize a waiver of any of
the requirements or limitations of this chapter.
F.
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.
G.
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.
