[HISTORY: Adopted by the Mayor and Council of the Borough
of North Haledon 6-20-2012 by Ord. No. 10-2012. Amendments noted
where applicable.]
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 education
purposes intended for viewing on television, in theaters, on social
media, or for institutional uses. The provisions of this chapter shall
not be deemed to include the filming of news stories within the Borough
of North Haledon.
Any and every public street, highway, sidewalk, square, public
park or playground or any other public place in the Borough of North
Haledon that is within the jurisdiction and control of the Borough
of North Haledon. 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.
A.Â
No person or organization shall film or allow filming on public lands
within the Borough of North Haledon without first having obtained
a permit from the office of the Borough Clerk, 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 filming.
B.Â
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 the form approved by the Mayor and Council and
be accompanied by a permit fee in the amount established herein.
C.Â
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.
D.Â
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 Clerk 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.Â
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.
A.Â
No permits will be issued by the Borough Clerk unless applied for
prior to five days before the requested shooting date; provided, however,
that the Borough Clerk may waive the five-day period if, in his/her
judgment, the applicant has obtained all related approvals and adjacent
property owners or tenants do not need to be notified.
B.Â
No permit shall be issued for filming upon public lands unless the
applicant shall provide the Borough with satisfactory proof of the
following:
(2)Â
An agreement, in writing, whereby the applicant agrees to indemnify
and save harmless the Borough of North Haledon from any and all liability,
expense, claim or damages resulting from the use of public lands.
(3)Â
The posting of a cash bond of $500 or maintenance bond of $1,000
running in favor of the Borough of North Haledon 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 North Haledon will
return the bond if there has been no damage to public property or
public expense caused by the filming.
(4)Â
The hiring of an off-duty North Haledon police officer at rates set
by the North Haledon Police Department for the time indicated on the
permit. The Chief of Police shall determine, in his/her discretion,
the number of officers required to maintain the public safety.
(5)Â
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 Mayor and Council 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.Â
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 North Haledon Police Department with respect thereto.
D.Â
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 the lands and limit, to the extent possible,
any interference with normal 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.Â
The Borough Clerk may refuse to issue a permit whenever he/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 Clerk
otherwise determines that the filming on public lands would not serve
the best interests of the Borough of North Haledon. 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.Â
Any person aggrieved by a decision of the Borough Clerk denying or revoking a permit or a person requesting relief pursuant to Subsection G below may appeal to the Mayor and 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 Clerk shall be filed within 10 days of the Borough Clerk's decision. The Mayor and 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 Mayor and Council shall be in the form of a resolution. A resolution supporting the decision of the Mayor and Council shall be adopted at the first regularly scheduled public meeting of the Mayor and Council after the hearing on the appeal, unless the appellant agrees, in writing, to a later date for the decision.
G.Â
The Mayor and 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.Â
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 by the Fire Prevention Bureau or other
Borough inspectors.
I.Â
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.
The schedule of fees for the issuance of permits authorized by this chapter shall be as set forth in Chapter 275, Fees.
