[HISTORY: Adopted by the Township Council of Parsippany-Troy
Hills 6-25-2019 by Ord. No. 2019:28. Amendments noted where applicable.]
As used in this chapter, the following term shall have the meaning
indicated:
The taking of still or motion pictures, either on film, videotape, digital or similar recording medium, for commercial purposes intended for viewing on video receivers, television, in theaters, the Internet or for institutional use. Filming for the purposes set forth in § 160-10, Exemptions, shall be excluded from this chapter.
A.
No person, firm, organization or corporation shall film or permit
filming within the Township of Parsippany-Troy Hills without:
B.
Township of Parsippany-Troy Hills filming permit applications may
be obtained from the office of the Township Clerk during normal business
hours. Application for such permits shall be in a form approved by
the Township Clerk and shall be accompanied by a permit fee in the
amount established by resolution of the Township of Parsippany-Troy
Hills.
C.
The following information shall be included in the permit application:
(1)
Locations of filming;
(2)
Proposed duration of filming, including date(s) and hours; subject
to the final approval of the Township Clerk as to the final filming
schedule within the Township and subject to the requirements of this
section;
(3)
Amount of space required on public streets/highways/sidewalks, etc.;
and
(4)
Contact information of applicant, including the on-site person.
(5)
If filming is conducted on private property, proof of the property
owner's consent to film.
A.
The Township Clerk may refuse to issue a permit whenever he/she determines,
on the basis of objective facts and after a review of the application
and a written report thereon by the Police Department and by other
Township departments 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, or in the opinion
of the Police Department would unreasonably impede the free flow of
vehicular or pedestrian traffic or otherwise endanger the public's
health, safety or welfare.
B.
The Township reserves the right to require one or more on-site police
officers in situations where the proposed production may impede the
proper flow of traffic, the cost of said officers 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.
The Township Clerk may authorize a waiver of any of the requirements or limitations of this chapter or of any rules or regulations on the application form as set forth in § 160-11 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.
A.
Any person aggrieved by the decision of the Township Clerk denying or revoking a permit or a person requesting relief pursuant to § 160-4 herein that has been denied by the Township may appeal to the Township Administrator or his or her designee. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Township Clerk.
B.
An appeal from the decision of the Township Clerk shall be filed
no later than 10 calendar days from the date of the denial or revocation
of the permit. The matter shall be decided by the Township Administrator
upon the written record unless a hearing is requested. Any hearing
shall be conducted informally by the Township Administrator, and the
formal rules of evidence shall not apply. The decision of the Administrator
shall be issued within 45 days from the date of the notice of the
appeal. Such decision is final and appealable to the Superior Court
of the State of New Jersey.
A.
Copies of the approved permit will be sent by the Township Clerk
to the Police Department and Fire Safety Bureau before filming takes
place. Copies shall be sent to any appropriate New Jersey state agencies,
including the New Jersey Motion Picture and Television Commission.
B.
The applicant shall notify the Police Department and the Fire Safety
Bureau 24 hours before filming takes place, and shall permit the Police
Department and the Fire Safety Bureau or other Township inspectors
to inspect the site and the equipment to be used. The applicant shall
comply with all safety instructions issued by Township inspectors,
including but not limited to the Police Department and the Fire Safety
Bureau.
In addition to any other fees or costs mentioned in this chapter,
the applicant shall reimburse the Township for any lost revenue, such
as parking meter revenue, 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 shall be set forth by resolution of the Township Council.
Any person violating this chapter or these rules and regulations, or the rules and regulations located on the permit application form as set forth in § 160-11 upon conviction thereof, shall be punished by a fine not exceeding $2,000 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.
The provisions of this chapter shall not apply to:
A.
The filming of news stories within the Township of Parsippany-Troy
Hills by individuals and/or legitimate entities or organizations for
purposes of journalism or news reporting;
B.
Filming by one individual using a hand-held camera without the assistance
of other persons, or filming by one or more individuals for weddings,
religious occasions, and other family or social private parties, occasions,
events, or functions;
C.
Filming by a student in grade school, middle school, high school,
college, university or other bona fide educational institution upon
receipt by the Township Clerk of a written certification from a teacher
or administrator at the school attended by the student stating that
the filming is for educational purposes only and is not intended for
commercial use;
D.
Filming for authorized municipal government purposes as may be authorized
by the Township Council or the Township Administrator.
The Township Clerk shall set forth rules and regulations consistent with the intent of this chapter regarding filming regulated by this chapter, which rules and regulations shall be printed on the application form as set forth in § 160-2B.