Borough of Haledon, NJ Chapter 171 Filming

[HISTORY: Adopted by the Borough Council of the Borough of Haledon 10-20-2011 by Ord. No. 9-15-2011. Amendments noted where applicable.]

GENERAL REFERENCES

Noise — See Ch. 243.

§ 171-1 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 purposes intended for viewing on television or in theaters. The provisions of this chapter shall not be deemed to include the filming of news stories by recognized news-gathering programs and organizations.

PUBLIC LANDS

Any and every public street, highway, sidewalk, square, public park or playground or any other public place within the Borough which is within the jurisdiction and control of the Borough of Haledon.

§ 171-2 Permit required.

A. No person or organization shall film or permit filming on public lands within the Borough of Haledon without first having made an application for a permit to the Borough of Haledon, 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. No permit shall authorize filming for more than seven consecutive days in any one location. If filming exceeds seven days, an application for an extension of the permit must be made to the Borough Clerk. 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 Borough Clerk during normal business hours. Applications for such permits shall be in a form approved by the Borough Attorney and be accompanied by a permit fee in the amount established by this chapter in § 171-4 herein. The permit fee and the application received from the applicant shall immediately be forwarded by the Borough Clerk to the Borough Administrator or his or her designee along with a description of the film, proposed film rating, rate status, etc.

C. The Borough Administrator will then submit the application for approval of the permit to the governing body.

D. The permit when issued shall include alternate dates in the event filming does not in fact take place on the dates specified due to inclement weather or other good cause.

§ 171-3 Issuance of permits.

A. 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 for each occurrence in the aggregate amount of $300,000.

(2) An agreement, in writing, shall be in a form to be approved by the Borough Attorney, whereby the applicant agrees to indemnify and save harmless the Borough of Haledon from any and all liability, expense, claim or damages resulting from its use of public lands.

(3) An agreement, in writing, shall be in a form to be approved by the Borough Attorney, whereby the applicant agrees 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.

(4) The hiring of qualified security personnel, as recognized by state law.

B. 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 Haledon Police Department with respect thereto. An emergency lane must be kept open and available to police, fire and other emergency vehicles at all times, and there must be sufficient space available for public access at all times.

C. 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 not park vehicles associated with such filming on 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 business, merchants or residents, these parties shall be given written notice of the filming prior to the Borough Council meeting at which the applicant's permit will be considered by the Borough Council and be informed that objections may be filed with the Borough Clerk. Said objections will become a part of the applicant's application and be considered during a review of the same. Proof of service of notification to adjacent owners shall be submitted to the Borough Clerk within two days of the Borough Council meeting.

D. The Borough Council may refuse to issue a permit whenever it determines, in its discretions 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. 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, 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 is required if the production company does not have a licensed electrician on staff.

E. Copies of the approved permit will be maintained by the Borough Clerk and the Police Department.

F. The applicant shall permit the Fire Official or other Borough inspectors to inspect the site and the equipment to be used. The applicant shall comply with all safety instructions issued by the Fire Official, Police Department or other Borough inspectors.

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

H. The applicant must provide sufficient pedestrian access. Local residents, business people and their customers must have access to and from their residences or businesses. If access is denied, it will be considered a violation of this chapter.

I. The regulation of noise is subject to the Code of Haledon, Chapter 243. The applicant must comply with said noise ordinance.

J. The applicant must keep the location swept and free of debris at all times. All catering, craft service, construction debris and personal trash must be removed from the location each day at wrap and disposed of by private garbage disposal. The applicant may not use Department of Public Works trash cans for production trash.

K. Production crew members cannot block driveways without the express permission of the owner or lessee.

L. All signs that are erected by the applicant must be removed at the completion of filming.

M. The applicant must provide a written plan providing for an emergency right-of-way for all vehicles. The plan must be approved by Police Department and/or Department of Public Works.

§ 171-4 Fees.

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

A. Basic filming permit: $100. The basic filming permit fee may be waived or reduced by the Borough Council if, in their judgment, the applicant for the permit is filming a public service announcement, educational program, documentary or an activity sponsored by a not-for-profit organization. No waiver or reduction of the fee shall be allowed for a for-profit company or for a film which does not satisfy the aforementioned criteria.

B. Daily filming fee payable in addition to the basic filming permit: $1,000 per day for five or more hours of use of public lands per day or $500 per day for less than five hours of use of public lands per day. The daily filming fee may be waived by the Borough Council if, in their judgment, the applicant for the permit is filming a public service announcement, educational program, documentary or an activity in support of a not-for-profit organization.

§ 171-5 Violations and penalties.

Any person violating this chapter, upon conviction thereof, shall be punished by a fine not exceeding $1,000 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.