[HISTORY: Adopted by the Borough Council of the Borough of
Kenilworth 2-17-2010 by Ord. No.
2010-02.[1] Amendments noted where applicable.]
[1]
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:
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.
Any film which is financed and/or distributed by a major
motion picture studio, including but not limited to the following:
Universal Pictures;
Warner Brothers, including New Line Cinema, Castle Rock Cinema,
Village Road Show and BelAire;
Paramount, including MTV Films and Nickelodeon Movie;
20th Century Fox, including Fox Searchlight;
Sony/Columbia;
Disney/Miramax;
MGMUnited Artists;
Dreamworks;
Any film for which the budget is at least $1,000,000; and
Recurrent television series programming.
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.
Photography, filming, and/or videotaping for the purpose
of spontaneous, unplanned television news broadcast or reporting for
print media by reporters, photographers or cameramen.
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.
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.
A.
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.
B.
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.
C.
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.
D.
The provisions of this section shall not apply to news media, family
videos and/or student films.
A.
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.
B.
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:
(2)
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.
(3)
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.
(4)
The hiring of an off-duty Kenilworth 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 Borough of Kenilworth Police Department with respect thereto.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
A.
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.
B.
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:
A.
Traffic congestion at the location;
B.
The applicant's ability to remove film-related vehicles off
the public streets;
C.
Whether the applicant is requesting restrictions on the use of public
streets or public parking during the course of the filming;
D.
The nature of the film shoot itself, e.g., indoors or outdoors, day
or night, on public or private lands;
E.
Prior experience of the film company/applicant with the Borough,
if any; and
F.
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.
A.
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:
A.
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.
B.
Daily filming fee payable in addition to basic filming permit: $500
per day.
C.
Daily filming fee payable for filming a major motion picture: $1,500
per day.
D.
Filming permit for nonprofit applicants filming for educational purposes:
a one-time fee of $100.
E.
Overnight parking/use of Borough lot: $500 per day.
F.
Use of Borough buildings: $1,500 per day.
G.
Road closing: $1,000 for four hours.
A.
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.
B.
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)]
