Borough of Hawthorne, NJ Chapter 231 Filming

[HISTORY: Adopted by the Municipal Council of the Borough of Hawthorne 6-21-2006 by Ord. No. 1877-06. Amendments noted where applicable.]

§ 231-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

FILMING

The taking of still or motion pictures either on film or videotape or similar recording medium, for commercial or educational purposes intended for viewing on television, in theatres or for institutional uses. The provisions of this chapter shall not be deemed to include the filming of news stories within the Borough of Hawthorne.

PUBLIC LANDS

Any and every public street, highway, sidewalk, square, public park or playground or any other public place in the Borough of Hawthorne that is within the jurisdiction and control of the Borough of Hawthorne. For purposes of this chapter, lands owned by the County of Passaic, State of New Jersey and the federal government of the United States shall be deemed public lands.

§ 231-2 Permit required.

A. No person or organization shall film or allow filming on public lands within the Borough of Hawthorne without first having obtained a permit from the office of the Borough Administrator, which permit shall set forth the approved location of such filming and the approved duration of such filming by specific reference to day or dates. Said permit must be readily available for inspection by municipal 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 Administrator during normal business hours. Applications for such permits shall be in the form approved by the Borough Clerk and be accompanied by a permit fee in the amount established in § 231-4 herein.

C. One permit shall be sufficient to authorize outdoor or indoor filming for a period not to exceed five days, provided that the maximum number of permits that may be authorized in any calendar year for premises located in a residential zone shall not exceed two without a waiver pursuant to § 231-3.

D. If a permit is issued and, due to inclement weather or other good cause, filming does not in fact take place on the dates specified, the Borough Administrator 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 chapter. No additional fee shall be paid for this permit.

E. Filming in residential zones shall be permitted Monday through Friday between the hours of 8:00 a.m. and 7:00 p.m. or sunset, whichever occurs sooner, provided that night hours can be approved in the permit. Hours can be extended if the police officer on scene determines that there is legitimate cause for delay and the time extension will not greatly inconvenience neighbors.

§ 231-3 Issuance of permits.

A. No permits will be issued by the Borough Administrator unless applied for prior to five days before the requested shooting date; provided, however, that the Borough Administrator may waive the five-day period if, in his or her judgment, the applicant has obtained all related approvals and adjacent property owners or tenants do not need to be notified.

B. No permit shall be issued for filming upon public lands unless the applicant shall provide the Borough with satisfactory proof of the following:

(1) Proof of insurance coverage as follows:

(a) For bodily injury to any one person in the amount of $500,000 and any occurrence in the aggregate amount of $1,000,000.

(b) For property damage each occurrence in the aggregate amount of $300,000.

(2) An agreement, in writing, whereby the applicant agrees to indemnify and save harmless the Borough of Hawthorne from any and all liability, expense, claim or damages resulting from the use of public lands.

(3) The posting of a cash bond of $500 or maintenance bond of $1,000 running in favor of the Borough of Hawthorne and protecting and ensuring that the location utilized will be left, after filming, 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 48 hours of the completion of filming, or the first business day thereafter, the Borough of Hawthorne will return the bond if there has been no damage to public property or public expense caused by the filming.

(4) The hiring of an off-duty Hawthorne police officer at rates set by the Hawthorne Police Department for the times indicated on the permit. The Chief of Police shall determine, in his or her discretion, the number of officers required to maintain the public safety.

(5) The requirements set forth above, as well as the requirements set forth elsewhere herein pertaining to fees, may be waived or modified in the discretion of the Borough Administrator in the case where the applicant is a nonprofit enterprise or group, the imposition of one or more requirements would be a hardship to the applicant and the public interest can be adequately protected despite such waiver or modification.

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 Hawthorne 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 limit to the extent possible any interference with normal public activity on such public lands. Where the applicant's production activity, by reason of location or otherwise, will directly involve and/or affect any businesses, merchants or residents, these parties shall be given written notice of the filming at least three days prior to the requested shooting date and informed that objections may be filed with the Borough Clerk, said objections to form a part of 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.

E. The Borough Administrator may refuse to issue a permit whenever he or she determines, after a review of the application and a report thereon by the Police Department and by other agencies involved with the proposed filming, 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 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, or if the Borough Administrator otherwise determines that the filming on public lands would not serve the best interests of the Borough of Hawthorne. Further, the Borough reserves the right to require one or more on-site patrolmen in situations where the proposed production may impede the proper flow of traffic or in any other way jeopardize the public safety; the cost of said patrolmen to 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.

F. Any person aggrieved by a decision of the Borough Administrator denying or revoking a permit or a person requesting relief pursuant to Subsection G may appeal to the Municipal 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 Administrator shall be filed within 10 days of the Borough Administrator's decision. The Municipal 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 Municipal Council shall be in the form of a resolution. A resolution supporting the decision of the Municipal Council shall be adopted at the first regularly scheduled public meeting of the Municipal 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 Administrator shall be deemed to be reversed and a permit shall be issued in conformity with the application or the relief pursuant to Subsection G and shall be deemed denied.

G. The Municipal Council may authorize a waiver of any of the requirements or limitations of this chapter and may extend the duration of a permit beyond the five days or may permit filming at a particular location in a residential zone on more than two occasions during any one calendar year, or may waive any other limitation or requirement of this chapter whenever it determines 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.

H. Copies of the permit application will be sent to the Police and Fire Departments and the New Jersey Motion Picture and Television Commission for review before filming takes place. The applicant shall permit the Fire Prevention Bureau or other municipal inspectors to inspect the site and the equipment to be used. The applicant shall comply with all safety instructions issued by the Fire Prevention Bureau or other Borough inspectors.

I. In addition to any other fees or costs mentioned in this chapter, the applicant shall reimburse the Borough for any lost revenue such as repairs to public property or other revenues that the Borough was prevented from earning because of filming.

§ 231-4 Fees.

The schedule of fees for the issuance of permits authorized by this chapter are as follows:

A. Basic filming permit: $75.

B. Daily filming fee, payable in addition to basic filming permit: $500 per day.

C. Filming permit for nonprofit applicants filming for educational purposes (no daily rate required): $25.

D. Additional fee for filming in public buildings, public parks or other public facilities: $1,000 per day.

E. Filming in public buildings or public parks for nonprofit or educational filming purposes: no fee.

F. Filming on private property: no fee.

§ 231-5 Violations and penalties.

[Amended 6-6-2007 by Ord. No. 1902-07]

Any person or entity violating any provision of this chapter, or any other chapter or ordinance adopted by the Borough of Hawthorne, unless otherwise specified, shall, upon conviction, be punished by a fine of not more than $2,000 or imprisonment in the county jail for a term not exceeding 90 days, or both. A separate offense shall be deemed to have been committed for each day during which a violation occurs or continues.