[MC 2017-27, September 11, 2017; amended 9-9-2019 by Ord. No. MC
2019-24]
As used in this article, the following terms shall have the
meanings indicated:
Any film, including a movie, television program, commercial,
video documentary, music video, internet video or other visual recording
medium, used in whole or in part, for sale, lease, or other commercial
exchange, including the advertisement or promotion of any product,
service or organization. A recurrent television or internet series
is a film. Filming includes all rehearsals, preparations and assembly
and dismantling of all equipment and structures, including, but not
limited to, scaffolding, lights, backdrops, tools and food, and the
loading and unloading of vehicles containing the equipment, structures
and food.
All filming in residential neighborhoods shall end 1/2 hour
after sunset. In no event shall an applicant be allowed to film in
a residential neighborhood after 11:00 p.m.
A film which is not sold or leased in whole or part or is
not otherwise part of a commercial exchange is a "nonprofit film."
Any and every public street, highway, sidewalk or square,
public park or playground or other public place within the City which
is within the jurisdiction and control of the City.
(a)
No person shall film or permit to film within the City of Plainfield,
except as set forth below, without obtaining a permit therefor, which
permit set forth the location of such filming and the date or dates
when filming takes place. No permit shall be required for productions
using a hand-held camera, a camera on a tripod, hand-held props and/or
hand-held equipment, not asserting exclusive use of City property,
not using prop weapons, prop vehicles, stunts, or actors in police
uniform and not requesting parking privileges for production vehicles.
No permit is required under the circumstances above while standing
on a City sidewalk or within a City park while using a hand-held camera
and not otherwise asserting exclusive use of City property. Permits
shall be required for productions using any equipment packages more
than a hand-held camera, a camera on a tripod or hand-held items (such
as bounce-boards, boom mics etc.). No permits shall be issued unless
applied for prior to five days before the requested shooting date.
However, the Administrator 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)
Permits shall be obtained in the office of the Municipal Clerk during
normal business hours. Applications for such permits shall be in a
form approved by the Municipal Clerk and shall be accompanied by a
permit fee in the amount established by the Municipal Clerk. Incidental
use of a public sidewalk or street which does not result in a closing
of the street or sidewalk to public use shall not be considered filming
on public land. One permit shall be required for each location.
(c)
One permit shall be sufficient to authorize outdoor filming on one
day and indoor filming on one day, provided that such date on which
filming is to take place shall be specified in the permit, and further
provided that the maximum number of days on which filming may be authorized
in any calendar year for premises located in a residential zone shall
not exceed 10 days without a waiver pursuant to this article.
(d)
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 Municipal 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 article. No additional fee shall
be paid for this permit.
(e)
No permit shall be issued for filming within the City on or in any
private property unless written consent of the property owner and/or
tenant accompanies the application. Any businesses, merchants or residents
on the block in which filming will occur shall be given written notice
of the filming within three days prior to the requested shooting date.
Said notice shall inform the businesses, merchants or residents that
the application is on file with the Clerk's office, and the businesses,
merchants or residents shall be informed that objections may be filed
with the Municipal Clerk. The objections will become part of the applicant's
application and will be considered by municipal officials in reviewing
the same. Proof of service of the notification of adjacent property
owners shall be submitted to the Municipal Clerk at least two days
prior to the requested shooting date.
(f)
Applications shall be obtained from and submitted to the Municipal
Clerk in person or by mail and must contain at least the following
information:
(1)
The name, address and telephone number of the applicant;
(2)
The location of the property where filming, etc., is to take
place;
(3)
Whether the applicant is the owner or tenant in possession of
the property;
(4)
The name and address of the owner of the property, if the applicant
is not the owner;
(5)
The consent of the owner, of other than the applicant;
(6)
The name, address and telephone number of the person or entity
the applicant wishes to allow to film, etc.;
(7)
The date the filming is to take place and the hours of filming;
(8)
The dates within the previous 12 months that any filming was
conducted at this location;
(9)
Approval from the Police Director, with any conditions he may
set forth if the filming is to take place on public lands;
(10)
Any other approval the Municipal Clerk deems necessary, with
any conditions which may be set forth;
(11)
A signed statement that the applicant affirms, under penalty
of perjury, that all statements contained in the application are true;
(12)
A statement clarifying whether stunts, firearms, pyrotechnics,
open flames, vehicle crashes, or other hazardous materials are to
be used;
(13)
A statement ascertaining whether any actors or crew members
will wear costumes that resemble the uniforms of any public personnel,
including police and fire personnel;
(14)
The City shall receive credit on the project and shall read
"Thank you to the Mayor, City Council and residents of the City of
Plainfield, New Jersey." The credit shall have a blank space above
and below so that it stands apart from and not on a list of like credits.
(a)
No permit shall be issued for filming at a particular location in
a residential zone within the City which would permit filming at said
location on more than 10 days during any one calendar year, unless
a waiver pursuant to this article is granted.
(b)
No permit shall be issued for filming upon public lands within the
City unless the applicant for such permit:
(1)
Provides proof of insurance coverage as follows: for bodily
injury for any person in the amount of $500,000 and for any aggregate
occurrence in the amount of $1,000,000
(2)
Agrees, in writing, to indemnify and save harmless the City
from any and all liability or damages resulting from the use of such
public lands.
(3)
Agrees, in writing, to reimburse the City for any lost revenues,
such as parking meter revenue, repairs to public property and other
revenue that the City was prevented from earning because of the filming.
(4)
Posts a cash bond of $500 or a maintenance bond of $1,000 in
favor of the City for protecting and ensuring that the site of the
filming is in a satisfactory condition (free of debris, rubbish and
equipment) and that all City laws and regulations are followed. Within
seven days of the completion of the filming, the City shall return
the bond if there is no damage to public or private property or public
expense caused by the filming.
(c)
The Municipal Clerk may refuse to issue a permit whenever he determines,
on the basis of objective facts and after a review of the application
and a report thereon by the Police Director and by other City agencies
involved with the proposed filming site, 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 public's use of
public lands, 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.
(d)
Any person aggrieved by a decision of the Municipal Clerk denying
or revoking a permit or a person requesting relief pursuant to this
subsection may appeal to the Administrator. A written notice of appeal
setting forth the reasons for the appeal shall be filed with the Administrator.
An appeal from the decision of the Clerk shall be filed within 10
days of the Clerk's decision. The Administrator 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 Administrator shall be in the
form of a written decision.
(e)
The Administrator may authorize a waiver of any of the requirements
or limitations of this article and may authorize filming other than
during the hours herein described or may extend the duration of a
permit beyond 10 days or may permit filming at a particular location
on more than 10 days during any one calendar year or may waive any
other limitation or requirement of this article whenever he 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)
The holder of a 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 City Police Director with respect thereto.
(b)
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 public lands and shall limit, to the extent
possible, any interference with normal public activity on such public
lands.
(c)
The holder of a permit shall take all reasonable steps to minimize
the creation and spread of debris and rubbish during filming and shall
be responsible for removing all equipment, debris and other rubbish
from the filming location upon the completion of filming or the expiration
of the permit, whichever comes first.
(d)
Filming shall be permitted only Monday through Friday, between the
hours of 8:00 a.m. and 7:00 p.m. or sundown, whichever is earlier,
in residential zones. The applicant may apply for a waiver for night
shooting, which shall not extend beyond 11:00 p.m. in residential
neighborhoods.
(e)
The applicant shall notify the Fire Chief twenty-four (24) hours
before filming takes place and shall permit the Fire Chief or his
designee to inspect the site and the equipment to be used. The applicant
shall comply with all firesafety instructions issued by the Fire Chief
or his designee.
(f)
The holder of a permit issued for filming on public lands shall hire,
at said person's sole cost and expense, an off-duty police officer
who will be present at all times at the site during the filming. The
City reserves the right to require more than one off-duty police officer
where the proposed production may impede the proper flow of traffic,
the cost of said police officer to be borne by the applicant.
(g)
Automobiles, trucks and all other vehicles owned, leased or used
by the holder of a permit for either residential or public land filming
shall not be parked on more than one side of the street.
(h)
The permit holder shall immediately report all accidents, injuries,
health incidents or damage to the property to the appropriate public
authority.
(a)
Any person violating this article 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.
