[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 7-5-1989 by Ord. No. P-59. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- The taking of still or motion picture 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 City of Hoboken.
- LOCAL FILM COMMISSION
- The body responsible for implementing the provisions of this
chapter, including reviewing and approving all applications for filming
within the City of Hoboken. The Local Film Commission ("the Commission")
shall be comprised of three members as follows: the Director of the
Department of Administration or his/her designee, the Director of
the Department of Environmental Services or his/her designee and the
Director of the Department of Human Services or his/her designee.[Amended 12-2-1998 by Ord. No. R-358]
- PUBLIC LANDS
- Any and every public street, highway, sidewalk, square, public park or playground or any other public place which is within the jurisdiction and control of the City of Hoboken. Incidental use of a public street or sidewalk which is of minimal impact and does not result in a closing of same to public use shall not be considered filming on "public land."
No person or organization shall film or permit filming on public property within the City of Hoboken without first having completed an application and obtained a permit from the Commission, which will be issued through the Office of the City Clerk located at City Hall in Hoboken. The permit shall, whenever possible, 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 City officials at all times at the site of the filming.
All permits shall be applied for at and obtained from the office of the City Clerk during normal business hours. Applications for such permits shall be accompanied by a permit fee in the amount established by this chapter.
If a permit is issued and, due to the inclement weather or other good cause, filming does not in fact take place on the dates specified, the Commission 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.
Permits shall be issued at the discretion of the Commission. The Commission may deny issuance of a permit for good cause.
[Added 12-2-1998 by Ord. No. R-358]
No permits shall be issued by the Commission unless applied for prior to three days before the requested shooting date; provided, however, that the Commission may waive the three-day period, if, in its judgment, the applicant has obtained all related approvals and adjacent property owners or tenants do not need to be notified.
No permit shall be issued for filming upon public lands, unless the applicant provides the City of Hoboken with satisfactory proof of the following:
An agreement in writing whereby the applicant agrees to indemnify and save harmless the City of Hoboken from any and all liability, expense, claim or damages resulting from the use of public lands.
The hiring of an off-duty City of Hoboken police officer for the times indicated on the permit, when deemed necessary by the Commission.
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 Hoboken Police Department with respect thereto.
The holder of a permit shall conduct filming in such a manner so 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 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(s) and informed that objections may be filed with the Commission, which objections will form a part of the applicant's application and be considered in the review of same.
The Commission will make every effort to work with residents to minimize the inconvenience caused by filming in residential areas and will require the applicant to give affected residents at least three days' notice of parking restrictions, night shooting or other inconveniences. All filming must be completed within 1/2 hour after sunset. Any night shooting must be approved by the Commission. "Night shooting" is defined as all filming occurring in residential neighborhoods 1/2 hour after sunset. In no event, however, shall an applicant be allowed to film in a residential area after 11:00 p.m.
The Commission 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/or by other City 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. Further, the City reserves the right to require one or more on-site patrolmen in situations where the proposed production may impede the proper flow of traffic, the cost of said patrolman 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.
Any person aggrieved by a decision of the Commission denying or revoking a permit or a person requesting relief pursuant to Subsection H may appeal to the City Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Commission. An appeal from the decision of the Commission shall be filed within 10 days of the Commission's decision. The City 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 City Council shall be in the form of a resolution. A resolution supporting the decision of the City Council shall be adopted at the first regularly scheduled public meeting of the City Council after the hearing on the appeal unless the applicant 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 Commission 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 deemed denied.
The City Council may authorize a waiver of any of the requirements or limitations of this chapter whenever it determines that strict compliance with such limitations will pose an unreasonable burden upon the applicant and that a permit may be issued without endangering the public's health, safety and welfare.
Copies of the approved permit will be sent to the Police and Fire Departments before filming takes place and to the New Jersey Film Commission. The applicant shall permit the Fire Prevention Bureau or other City inspectors to inspect the site and the equipment to be used. The applicant shall follow all safety instructions issued by the Fire Prevention Bureau or other City inspectors.
In addition to any other fees or costs mentioned in this chapter, the applicant shall reimburse the City for any lost revenue, such as parking meter revenue, repairs to public property or other revenues that the City was prevented from earning because of the filming.
[Added 12-2-1998 by Ord. No. R-358]
Appointments. There shall be a Mayor's Office of Film and Television, which entity shall be comprised of five members, each of whom shall be appointed by the Mayor to a term of three years from the date of appointment. Should a vacancy in membership occur, a replacement member shall be appointed to fill the vacancy for the unexpired term. Members shall serve as volunteers without compensation.
Purpose. The Mayor's Office of Film and Television shall have among its purposes the following:
To promote the City as a site for the filming of motion-picture and television productions;
To encourage motion-picture and television producers to portray the many positive aspects of the City and its residents;
To encourage motion-picture and television producers to hire local residents as actors, actresses and extras in their productions;
To encourage motion-picture and television producers to support local employers and to patronize City businesses;
To act as a liaison between motion-picture and television producers and the City Business Administrator and assist in the resolution of problems and difficulties that arise during the course of production; and
To review and propose changes to the City Code that would further promote the City as a site for film and television productions.
[Amended 2-6-1991 by Ord. No. P-126; 3-17-2010 by Ord. No. Z-31]
The permit for filmmaking shall issue for a period not to exceed 14 consecutive days for a fee of $700, renewable for terms of 14 consecutive days at a fee of $700 per term. In addition to the license fee, the permittee shall be required to pay a fee of $5 per workday for each commercial vehicle used by the permittee or a flat fee of $250 for each 14 workdays' term.
Any person violating this chapter or rules and regulations contained herein shall be subject to a fine not to exceed $500 or imprisonment for a term not to exceed 90 days, or both.
If any sentence, section, clause or other portion of this chapter or the application thereof to any person or circumstance shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or repeal the remainder of this chapter.
This chapter shall take effect immediately upon passage and publication as required by law.