[HISTORY: Adopted by the Township Council of the Township
of River Vale 1-25-2016 by Ord.
No. 309-2016. Amendments noted where applicable.]
The taking of still, motion or digital pictures, either on film,
videotape or any other form, type, method or medium of photographic
or electronic recording by a person or person(s) other than the owner
of the property being filmed, taped or otherwise recorded, for which
said persons taking said pictures have or will compensate said property
owner, or compensate the designee of said property owner; or
The taking of still, motion or digital pictures, either on film,
videotape, or any other form, type, method or medium of photographic
or electronic recording, intended, in whole or in part, for commercial
use of viewing on television, in theaters, or for advertising purposes
other than the advertising of the property for sale or lease; or
The assembling and setting up on private and/or public property, including, but not limited to, the property which is being filmed, videotaped or otherwise recorded, of all equipment needed for the filming, videotaping or other forms of recording referenced in Subsection A or Subsection B of this definition above, as well as the removal of the same upon completion.
A.
No person shall film or permit filming within the Township of River
Vale without first obtaining a permit, which permit shall set forth
the location of such filming and the date or dates when filming shall
take place.
B.
Permits shall be obtained in the office of the Construction Official,
and the application for the permit shall be in a form approved by
the Construction Official, accompanied by a fee and filed at least
five working days prior to the date of filming, along with a cash
bond to cover any expenses the Township might incur as the result
of the filming, the balance, if any, to be returned by the Township
of River Vale. If the television filming is to take place on Township
property or will affect the use of the Township property, then the
application for the permit shall be filed at least 30 days prior to
the date of filming.
C.
Fees for permit for filming and the amount of a cash bond to cover
expenses shall be as indicated in this chapter.
D.
A permit shall be sufficient to authorize outdoor or indoor filming
for two days within a period of not more than 10 days beginning on
the date of issuance of the permit. If the filming does not take place
on the dates specified in the permit due to inclement weather or other
good cause, the Construction Official may issue a new permit at no
additional fee.
E.
No more than one permit for each resident may be issued in any one
calendar year.
A.
No permit shall be issued for filming within the Township of River
Vale unless the applicant for such permit:
(1)
Provides insurance coverage for bodily injury for any one person
in the amount of $100,000 and for any aggregate occurrence in the
amount of $500,000.
(2)
Specifies in writing that the Township of River Vale will be indemnified
and saved harmless from any and all liability or damages.
(3)
Where filming takes place on private property, obtains permission
of the owner in writing.
(4)
Agrees to comply with all lawful directives issued by the Township
of River Vale Police Department, Fire Department and all other departments
where deemed necessary and has prepaid all costs associated with such
directives, including, but not limited to, the cost of the presence
of such police personnel which may be required. Any vehicles used
in connection with or relating to the filming shall not be parked
in any driveway nor shall the aggregate length of all such vehicles
exceed the length of the lot frontage of the property on which the
filming is occurring. All such vehicles must be parked in front of
the property on which the filming is to take place.
B.
The holder of a permit shall be responsible for the removal, upon
completion of filming, of all debris and equipment, or upon the expiration
of the permit, whichever comes first.
C.
Filming shall be permitted only Monday through Friday, and shall
commence not earlier than 8:00 a.m. and shall be completed not later
than 7:00 p.m. Notwithstanding any provision of this chapter to the
contrary, no filming shall take place on any holiday, which for the
purposes of this chapter shall mean any federal, state or local holiday
or any date during the school year on which the public schools of
the Township of River Vale are closed.
D.
No permit applied for shall issue unless first authorized by the
Construction Official or his or her designee, the Chief of Police
or his or her designee, and the Township Administrator or his or her
designee. The Construction Official must refuse to issue a permit
when the report by the Township of River Vale Police Department is
to the effect that said filming would endanger the public health,
safety or welfare. Any person aggrieved by the decision may appeal
to the Mayor and Council by filing said appeal within 10 days after
the adverse decision. Said appeal shall be heard and decided by the
Mayor and Council within 30 days after being filed.
E.
The Mayor and Council may authorize a waiver of any of the requirements
or limitations of this chapter.
F.
The applicant shall notify the Construction Official at least 24
hours before filming in order to give the Official sufficient opportunity
to notify the affected departments so that they may have an authorized
representative inspect the site.
G.
The owner of the property on which the filming is to occur shall,
not later than 24 hours before such filming is to commence, give written
notice to all residents within 200 feet of the property on which the
filming is to occur of the date(s) and time(s) on which the filming
is to occur.
The provisions of this chapter shall not apply to the filming
of news stories concerning the Township of River Vale and any of the
Township activities.
Any person found guilty by the Municipal Court of violating
any provision of this chapter shall, for each day that filming takes
place without the permit required under this chapter, be fined not
less than $1,000 nor more than $2,000.
