[HISTORY: Adopted by the Township Council of the Township of Marlboro 1-6-2011 by Ord. No. 2010-32. Amendments noted where applicable.]
The Township Council of the Township of Marlboro recognizes that the filming of motion pictures within the Township of Marlboro has been increasing and will continue to increase in the future.
The production of motion pictures within the Township of Marlboro requires various regulations to preserve the general health, safety and welfare of Marlboro inhabitants; in addition, the imposition of various fees is required to offset administrative costs incurred in processing permit applications and conducting the requisite inspections. The Township of Marlboro hereby enacts Chapter 236 of the Code of the Township of Marlboro to establish fees and regulations governing motion-picture filming.
As used in this chapter, the following terms shall have the meanings indicated:
- 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 theaters or for institutional uses. The provisions of this chapter shall not be deemed to include the filming of news stories within the Township of Marlboro.
- PUBLIC LANDS
- Any and every public street, highway, sidewalk, square, public park or playground, or any other public place within the Township of Marlboro which is within the jurisdiction and control of the Township of Marlboro.
No person or organization shall film or permit filming on public lands within the Township of Marlboro without first having obtained a permit from the office of the Business 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.
All permits shall be applied for and obtained from the office of the Business Administrator during normal business hours. Applications for such permits shall be in a form approved by the Business Administrator and be accompanied by a permit fee in the amount established in § 236-5 herein.
One permit shall be sufficient to authorize outdoor or indoor filming for a period not to exceed three consecutive days in any single location, provided that the maximum number of permits that may be authorized in any calendar year shall not exceed two in any single location without a waiver pursuant to § 236-4.
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 Business 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.
No permits will be issued by the Business Administrator unless applied for prior to three days before the requested shooting date; provided, however, that the Business Administrator may waive the three-day period if, in his judgment, the applicant has obtained all related approvals and adjacent property owners or tenants do not need to be notified.
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 241, Noise, of the Township Code, provided that all requests for night scenes shall be approved in the permit to be granted in accordance with § 236-4F. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.
No permit shall be issued for filming upon public lands unless the applicant shall provide the Township with satisfactory proof of the following:
An agreement, in writing, whereby the applicant agrees to indemnify and save harmless the Township of Marlboro from any and all liability, expense, claim or damages resulting from the use of public lands.
The posting of a cash bond of $500 or maintenance bond of $1,000 running in favor of the Township of Marlboro 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 Township ordinances, laws and regulations will be followed. Within 30 days of the completion of the filming, the Township of Marlboro will return the bond if there has been no damage to public property or public expense caused by the filming.
Accommodations have been made to provide toilet facilities required by filming participants.
The hiring of an off-duty Marlboro police officer at rates set by the Marlboro Police Department for the times indicated on the permit. The Chief of Police shall determine, in his discretion, the number of officers required to maintain the public safety.
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 Marlboro Police Department with respect thereto.
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 Business Administrator, 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 Business Administrator within two days of the requested shooting date.
The Business Administrator may refuse to issue a permit whenever he 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 Business Administrator otherwise determines that the filming on public lands would not serve the best interests of the Township of Marlboro. Further, the Township 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.
Copies of the permit application will be sent to the Police Department and Fire Prevention Bureau 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 Township inspectors.
In addition to any other fees or costs mentioned in this chapter, the applicant shall reimburse the Township for any lost revenue such as repairs to public property or other revenues that the Township was prevented from earning because of filming.
The schedule of fees for the issuance of permits authorized by this chapter are as follows:
Nothing in this chapter shall be construed to impair or limit in any way any other power of the Township of Marlboro to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.
Nothing in this chapter shall be construed to abrogate or impair the power of the Township of Marlboro or any officer or department to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by this chapter shall be in addition and supplemental to the powers conferred upon the Township by any other law or ordinance.
If any clause, sentence, subdivision, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, subdivision, paragraph, section or part thereof directly involved in the controversy in which said judgment shall have been rendered.
Any person violating this chapter or these rules and regulations, upon conviction therefor, shall be punished by a fine not exceeding $1,000 per day, or by imprisonment 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.