[HISTORY: Adopted by the Borough Council of the Borough of Kenilworth 2-17-2010 by Ord. No. 2010-02. Amendments noted where applicable.]
Editor's Note: This ordinance was adopted as Ch. 128 but was renumbered to maintain the alphabetical organization of the Code.
As used in this chapter, these terms shall have the following meanings:
- FAMILY VIDEOS
- The filming or videotaping of motion pictures solely for private family use.
- The taking of still 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.
- MAJOR MOTION PICTURE
- Any film which is financed and/or distributed by a major motion picture studio, including but not limited to the following:
- A. Universal Pictures;
- B. Warner Brothers, including New Line Cinema, Castle Rock Cinema, Village Road Show and BelAire;
- C. Paramount, including MTV Films and Nickelodeon Movie;
- D. 20th Century Fox, including Fox Searchlight;
- E. Sony/Columbia;
- F. Disney/Miramax;
- H. Dreamworks;
- I. Any film for which the budget is at least $1,000,000; and
- J. Recurrent television series programming.
- MOTION PICTURE, TELEVISION PICTURES and STILL PHOTOGRAPHY
- All activities attendant to the staging and/or shooting of commercial motion pictures, television series, television movies, and 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 five consecutive minutes.
- NEWS MEDIA
- Photography, 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 street, highway, sidewalk, square, public park, playground, and other public places, which are within the jurisdiction and control of the Borough of Kenilworth.
- STUDENT FILMS
- Motion picture, television or still photography produced to satisfy a course or curriculum requirement at an educational institution. The student filmmaker must supply proof that he/she is currently enrolled.
No person shall use any public or private property, public right-of-way, facility, and/or residence for the purpose of taking commercial motion pictures, television pictures or still photography without first applying for and receiving a permit from the Borough Clerk of the Borough of Kenilworth. The permit shall set forth the approved location of such filming and also the approved duration of such filming by specific reference to days or dates. No permit shall authorize filming for more than four consecutive days in any one location, and in no event shall filming at one location within the Borough exceed a total of 12 days in any one calendar year, regardless of the number of permits utilized in reaching the twelve-day maximum. Either or both of the four-consecutive-day and the twelve-day limitations may be extended only if the filming requested satisfies the major motion picture exception defined by § 93-1 of this chapter. 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 and 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 Clerk and shall be accompanied by a permit fee in the amount established by this chapter in § 93-12.
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 by reason of inclement weather, the Borough Clerk may 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 new permit.
The provisions of this section shall not apply to news media, family videos and/or student films.
No permit shall be issued by the Borough Clerk unless it was applied for at least five days prior to the requested shooting date. However, the Borough Clerk may waive the five-day period if, in his/her judgment, the applicant has obtained all other related approvals and also all adjacent property owners and/or tenants need not be notified.
No permit shall be issued for filming upon public lands unless the applicant shall provide the Borough of Kenilworth with satisfactory proof of the following:
An agreement, in writing, whereby the applicant agrees to indemnify and hold harmless the Borough of Kenilworth from any and all liability, expense, claim or damages resulting from the use of public lands.
The posting of cash or maintenance bond for the value of $2,500 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 15 days of the completion of the filming, the Borough will return the bond if there has been no damage to the public property or no public expense caused by the filming.
The hiring of an off-duty Kenilworth police officer for the times indicated on the permit.
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 Borough of Kenilworth Police Department with respect thereto.
The holder of the permit 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.
The parking of all vehicles on public streets and rights-of-way shall be so done in accordance with all applicable state and local regulations.
The holder shall not interfere with previously scheduled activities upon public lands and shall limit, to the extent possible, any interference with normal public activity on such public lands.
Where the applicant's production activity, by any reason of location or otherwise, will directly involve and/or affect any business, merchant or resident, these parties shall be given written notice of the filming at least three days before the requested shooting date and shall be informed that objections may be filed with the Borough Clerk, said objections to form a part of the applicant's application and be considered in the review of the same. Proof of service of notification to adjacent owners shall be submitted to the Borough Clerk within two days of the requested shooting date.
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 134, Nuisances, of the Borough Code, provided that all requests for night scenes shall be approved in the permit to be granted in accordance with § 93-8 hereof. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.
The Borough of Kenilworth may refuse to issue a permit whenever it 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 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 patrolmen on site in situations where the production may impede the proper flow of traffic. The cost of said patrolmen shall 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.
Any person aggrieved by a decision of the Borough denying or revoking a permit or a person requesting relief pursuant to this section may appeal to the Borough Council. A written notice of appeal setting forth the reasons for the appeal shall be filed.
An appeal from the decision of the Borough 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. If such a resolution is not adopted within the time required, the decision of the Borough shall be deemed to be reversed, and a permit shall be issued in conformity with the application, or the relief pursuant to the waiver section of this chapter shall be deemed denied.
The Borough may authorize filming other than during the hours herein described. In determining whether to allow an extension of hours under this section, 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;
The nature of the film shoot itself, e.g., indoors or outdoors, day or night, on public or private lands;
Prior experience of the film company/applicant with the Borough, if any; and
Whether there was consultation with the Borough Council.
Copies of the approved permit shall be sent to the New Jersey Film Commission, as well as the Police and Fire Departments, before filming takes place. The applicant shall permit the Fire Prevention Bureau or other Borough inspectors to inspect the site and equipment to be used. The applicant shall comply with all safety instructions issued by the Fire Prevention Bureau or other Borough inspectors.
In addition to any and all other fees or costs mentioned in this chapter, 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.
With regard to filming being done on a major motion picture, and upon a favorable review of the factors set forth in § 93-8, the Borough may grant an exemption of the four-consecutive-filming-day limit and/or the limit of 12 total filming days within a calendar year as defined in § 93-2.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The schedule of fees for the issuance of permits authorized by this chapter is as follows:
Basic filming permit: $300. Where an applicant requests a waiver of the provisions of § 93-3A, regarding expedited processing of the permit application, the basic filming permit shall be $500.
Daily filming fee payable in addition to basic filming permit: $500 per day.
Daily filming fee payable for filming a major motion picture: $1,500 per day.
Filming permit for nonprofit applicants filming for educational purposes: a one-time fee of $100.
Overnight parking/use of Borough lot: $500 per day.
Use of Borough buildings: $1,500 per day.
Road closing: $1,000 for four hours.
Where the owner of the premises is not the applicant for a permit required by this chapter, both the owner and the applicant shall each be liable for violations hereof and the owner shall cosign any application.
Any person violating this chapter or these rules and regulations, upon conviction thereof, shall be punished by a fine not less than $100 and not exceeding $2,000 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]