[Adopted 9-2-2009 by Ord. No. 33-2009]
As used in this article, the following terms shall have the
meanings indicated:
The taking of still or motion pictures, either on film, videotape
or similar recording medium, for commercial or educational purposes
intended for viewing on television or in theaters or for institutional
use.
Any and every public street, highway, sidewalk or square,
public park or playground or other public place within the Borough
which is within the jurisdiction and control of the Borough.
A.
No person shall film or permit filming within the Borough of Hopatcong
without first obtaining a permit therefor, which permit shall set
forth the location of such filming and the date or dates when filming
shall take place.
B.
Permits shall be obtained in the office of the Borough Clerk during
normal business hours. Applications for such permits shall be in a
form approved by the Borough Clerk and shall be accompanied by a permit
fee in the amount established by the Borough of Hopatcong. Incidental
use of a public sidewalk or street which does not result in a closing
of the street or sidewalk to public use shall not be considered filming
on public land.
C.
One permit shall be required for each location.
D.
One permit shall be sufficient to authorize outdoor filming on one day and indoor filming on one day, provided that such date on which filming is to take place shall be specified in the permit, and further provided that the maximum number of days on which filming may be authorized in any calendar year for premises located in a residential zone shall not exceed four without a waiver pursuant to § 108-9, Rules and regulation, of this chapter.
E.
If a permit is issued and, due to inclement weather or other good
cause, filming does not in fact take place on the date specified,
the Borough 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 article. No additional fee shall be paid
for this permit.
F.
No permit shall be issued for filming within the Borough of Hopatcong
on or in any private property unless written consent of the property
owner and/or tenant accompanies the application.
A.
No permit shall be issued for filming at a particular location in a residential zone within the Borough of Hopatcong which would permit filming at said location on more than four days during any one calendar year unless a waiver pursuant to Subsection H of this section is granted.
B.
No permit shall be issued for filming upon public lands within the
Borough of Hopatcong unless the applicant for such permit:
(1)
Provides proof of insurance coverage as follows: for bodily injury
for any person in the amount of $500,000, and for any aggregate occurrence
in the amount of $1,000,000.
(2)
Agrees, in writing, to indemnify and save harmless the Borough of
Hopatcong from any and all liability or damages resulting from the
use of such public lands.
C.
The holder of a 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 Hopatcong 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 shall limit, to the extent
possible, any interference with normal public activity on such public
lands.
E.
The holder of a permit shall take all reasonable steps to minimize
the creation and spread of debris and rubbish during filming and shall
be responsible for removing all equipment, debris and other rubbish
from the filming location upon the completion of filming or the expiration
of the permit, whichever comes first.
F.
Filming shall be permitted only Monday through Friday between the
hours of 8:00 a.m. and 7:00 p.m. or sundown, whichever is earlier,
in residential zones.
G.
The Borough Clerk may refuse to issue a permit whenever he/she 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 Borough
agencies involved with the proposed filming site, that filming at
the location and/or time set forth in the application would violate
any law or ordinance or would unreasonably interfere with the public's
use of public lands, unreasonably interfere with the use and enjoyment
of adjoining properties, unreasonably impede the free flow of vehicular/pedestrian
traffic or otherwise endanger the public's health, safety or welfare.
H.
Any person aggrieved by a decision of the Borough Clerk denying or revoking a permit, or a person requesting relief pursuant to Subsection H, may appeal to the Mayor and Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Borough Clerk. An appeal from the decision of the Borough Clerk shall be filed within 10 days of the Borough Clerk's decision. The Mayor and Council 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 Mayor and Council shall be in the form of a resolution. A resolution supporting the decision of the Borough Clerk or granting relief pursuant to Subsection H shall be approved by the Mayor and Council at the first regularly scheduled public meeting by the Mayor and Council 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 Borough Clerk shall be deemed to be reversed, and a permit shall be issued in conformity with the application or the relief pursuant to Subsection H shall be granted.
I.
The Mayor and Council 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 10 days or may permit filming at a particular location
in a residential zone on more than four days during any one calendar
year or may waive any other limitation or requirement of this chapter
whenever they determine 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.
J.
The applicant shall notify the Fire Official 24 days before filming
takes place and shall permit the Fire Official to inspect the site
and the equipment to be used. The applicant shall comply with all
firesafety instructions issued by the Fire Official.
K.
The holder of a permit issued for filming on public lands shall hire, at said person's sole cost and expense, Hopatcong police officers, who will be present at all times at the site during the filming as per § 38-17, Requirements and fees for officers performing quasi-public police services.
L.
Automobiles, trucks and all other vehicles owned, leased or used
by the holder of a permit for either residential or public land filming
shall not be parked on more than one side of the street.
Fees for filming shall be as follows:
Any person violating this article or rules and regulations contained
herein shall be subject to fines not to exceed $500 for the first
offense and $1,000 for a second offense or imprisonment for a term
not to exceed 90 days, or both.
The provisions of this article shall not apply to the filming
of news stories within the Borough of Hopatcong.
