City of Summit, NJ
Union County
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Table of Contents
Table of Contents
[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
As used in this chapter, the following terms shall have the meanings indicated:
FILMING
Shall mean the taking of still or motion pictures for television series, commercial or documentary purposes intended for viewing on television, in theatres or for institutional uses.
a. 
The provisions of this chapter shall not be deemed to include the "filming" of news stories within the City of Summit and shall not include filming by Summit's local access television station.
b. 
The provisions of Chapter 12 — Parks, Public Areas, Recreation Facilities, 12-1, Rules and Regulations for Use of Public Property shall not apply to filming on public property.
a. 
Shall mean any film, which is financed and/or distributed by a motion picture studio.
b. 
Shall mean recurrent television series programming.
c. 
Shall mean a film, which is produced for promoting a product or commercial subject.
d. 
Shall mean any film, which is produced for educational purposes.
e. 
All of the above shall also include any film for which the budget is at least five million ($5,000,000.00) dollars.
PRIVATE LANDS AND RESIDENTIAL ZONES
Shall mean any and every piece of property that is not within the jurisdiction and control of the City of Summit and of the Board of Education properties. Use of Library Board and Board of Education property shall first need approval from the respective Board and thereafter the provisions of this section shall apply.
PUBLIC LANDS
Shall mean any and every public street, highway, sidewalk, square, public park or playground or any other public place within the City which is within the jurisdiction and control of the City of Summit, County or Federal government.
[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
a. 
No person or organization shall film or permit filming on public or private land within the City of Summit without first having obtained a permit from the office of the City 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. No permit shall authorize filming for more than three (3) consecutive days in any one (1) location, and in no event shall filming at one (1) location within the City exceed a total of six (6) days in any one (1) calendar year, regardless of the number of permits utilized in reaching this six (6) day maximum. Either or both of the three (3) consecutive day and the six (6) day limitations may be extended only if the filming requested constitutes a "motion picture" as defined by Section 5-1 of this chapter. Said permit must be readily available for inspection by City officials at all times at the site of the filming.
b. 
All permits shall be applied for and obtained from the office of the City Clerk during normal business hours. Applications for such permits shall be in a form approved by the City Clerk and be accompanied by a permit fee in the amount established by this chapter in Section 5-13 herein.
c. 
Permits requiring street or sidewalk closings shall require formal Council action via a resolution at a Council meeting, which prior thereto the applicant shall have met all the insurance coverage requirements, satisfied all code requirements and agreed to all other Clerk, Community Programs, Community Services, Fire, Health and Police departments and Parking Services requirements.
d. 
Serving of food in conjunction with a filming permit requires the processing of an application from the Board of Health which would apply to both outside vendors as well as Summit vendors.
e. 
Permit request shall provide alternate dates.
[Ord. No. 05-2668 § 1; Ord. No. 12-1997]
a. 
No permits will be issued by the City Clerk unless applied for at least fifteen (15) business days before the requested shooting date.
b. 
No permit shall be issued for filming upon public lands unless the applicant shall provide the City with satisfactory proof of the following and every such permittee shall carry and maintain in force insurance covering its operations written by an insurance company licensed to do business in the State of New Jersey and rated "A-" or better by A.M. Best Rating, providing the following minimum coverage and language:
1. 
Proof of insurance coverage as follows:
(a)
General Liability—General Aggregate
one million ($1,000,000.00) dollars
(b)
General Liability—Products and Completed Operation Aggregate
one million ($1,000,000.00) dollars
(c)
General Liability—Personal and Advertising Injury
one million ($1,000,000.00) dollars
(d)
General Liability—Each occurrence
one million ($1,000,000.00) dollars
(e)
General Liability—Damage to premises rented to you
fifty thousand ($50,000.00) dollars
(f)
General Liability—Medical Expense (any one (1) person)
ten thousand ($10,000.00) dollars
(g)
Workmen's Compensation
New Jersey Statutory requirements
(h)
Employers Liability
five hundred thousand ($500,000.00) dollars (each accident) five hundred thousand ($500,000.00) dollars (Disease—policy limit) five hundred thousand ($500,000.00) dollars (Disease—each employee)
(i)
Business Automobile Liability
one million ($1,000,000.00) dollars (each accident), or if the license is granted to an entity that does not own any automobiles and uses employees that would use their own automobiles to conduct the business, then Employers Non-ownership Automobile Liability would be acceptable for the Business Auto Insurance requirement
2. 
An agreement, in writing, whereby the applicant agrees to indemnify and save harmless the City of Summit from any and all liability, expense, claim or damages resulting from the use of public lands.
3. 
The issuing insurance or bonding company shall notify the City within thirty (30) days of the cancellation of any of the policies.
c. 
The City and its agents and employees shall be indemnified and held harmless from and against all claims and demands, losses and expenses, and the like arising from the permission granted, and shall be named as an additional insured. The following wording must appear on Insurance Certificate:
"The Certificate holder is included as an additional insured as respects losses arising solely from the (licensed activity). The (licensee) shall indemnify and hold harmless the City and its agents and employees from and against all claims, damages, losses and expenses, including, but not limited to, attorney fees, arising out of or from the performance of their work, providing that such claims, damages, losses or expenses (1) are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, and (2) are caused in full or in part by any negligent acts or omission of the (licensee), or any one directly or indirectly employed by them regardless of whether or not it is caused in part by a party indemnified hereunder."
d. 
The posting of cash of two thousand ($2,000.00) dollars or a maintenance bond of two thousand ($2,000.00) dollars running in favor of the City and protecting and insuring 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 City ordinances, laws and regulations will be followed. Within seven (7) days of the completion of the filming the department head in charge of the property on which the filming took place shall advise the City Clerk of the amount of the deposit that may be returned who shall thereafter process the return of the bond, or portion thereof less costs for damage to public property or public expense caused by the filming.
e. 
The hiring of off-duty Summit police officer(s), or firefighters and the paying of overtime for Department of Community Services employees for the times indicated on the permit or prescribed by these or any other City departments.
f. 
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 roadways and shall comply with all lawful directives issued by the Summit Police Department with respect thereto.
[Ord. No. 05-2668]
a. 
The holder of a permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners or tenants attributable to such filming and shall, to the extent practicable, abate noise and park vehicles associated with such filming off the public streets.
b. 
When parking off public streets is not practical the number of spaces may be limited by the City, availability of parking must be confirmed at least seventy-two (72) hours before commencement of filming and fees shall be:
1. 
Metered spaces in CRBD: $30/space/day.
2. 
Parking facility: $5/day/vehicle.
3. 
Overnight: $5/day/vehicle.
c. 
When the person in the film or commercial is extremely popular and/or idolized by the general public extra security may be required by the Police Department.
d. 
The holder of a permit 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.
e. 
The holder of a permit for residential zones shall avoid any interference with previously scheduled activities of neighbors within two hundred (200') feet and limit, to the extent possible, any interference with normal neighborhood activity.
[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
Applicants shall give written notice of the filming as follows:
a. 
Preliminary Notice which shall advise the public of the purpose of the filming and the date(s) and time(s) of same so that objection(s) may be filed with the City Clerk with said objections to become a part of applicant's application and be considered in the review of the same. Preliminary notice must be provided at least ten (10) days prior to the requested shooting date to the owners and tenants of the properties located within the areas identified herein below. Proof of service, in the form of a sworn affidavit accompanied by a copy of the notice that Preliminary Notice was mailed, shall be submitted to the City Clerk within eight (8) days of the requested shooting date.
1.
Residential areas when roadways will not be blocked
200 feet
2.
Residential areas when roadways will be blocked
200 feet plus the length of the roadway to intersecting roadways
3.
Nonresidential areas
200 feet plus the Chamber of Commerce and Summit Downtown, Inc.
b. 
Final Notice which shall verify approval, along with the approved location(s) and time(s) must be provided to the owners and tenants of the properties located within the areas identified herein below prior to the approved filming date.
1.
Residential areas when roadways will not be blocked
200 feet
2.
Residential areas when roadways will be blocked
200 feet and the length of the roadway to interesting roadways
3.
Nonresidential areas
200 feet plus the Chamber of Commerce and Summit Downtown, Inc.
[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
Filming shall be permitted Monday through Friday between the hours of 7:00 a.m. and 9:00 p.m. provided that all requests for night scenes shall be approved in the permit to be granted in accordance with Section 5-10 hereof. The set-up, production and breakdown required by all filming shall be included in the hours as set forth herein.
[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
The City Clerk may refuse to issue a permit whenever it is determined, on the basis of objective facts and after a review of the application and a report thereon by the Police Department and by other City agencies involved with the proposed filming site, that filming format, subject, 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.
[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
The City reserves the right to require one (1) or more on-site police officers in situations where the proposed production may impede the proper flow of pedestrian and/or vehicular traffic. The cost of said police officer(s) 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.
[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
a. 
Any person aggrieved by any action of the City Clerk or Chief of Police, in the denial or suspension of a permit, or imposition of other penalty shall have the right of appeal to the City Administrator. The appeal shall be taken by filing with the City Clerk, within ten (10) days after notice of denial or suspension has been mailed to the address on the permit application, a written statement setting forth fully the grounds for appeal. The City Administrator shall conduct a hearing and affirm, modify or reverse the action appealed from.
b. 
Any person aggrieved by a decision of the City Administrator may make an appeal to the Common Council of the City of Summit. Such appeal shall be taken by filing with the City Clerk, within ten (10) days after notice of denial or suspension has been made, a written statement setting forth fully the grounds of the appeal, along with a fee of one hundred ($100.00) dollars. The City Clerk shall set a time and place of hearing for the appeal, at which time the Common Council of the City of Summit shall conduct a hearing and affirm, modify or reverse the decision appealed from.
[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
The Common Council may authorize filming other than during the hours herein described. In determining whether to allow an extension of hours under this section, the Common Council shall consider the following factors:
a. 
Traffic congestion at the location caused by vehicles to be parked on the public street.
b. 
Applicant's ability to remove film-related vehicles off the public streets.
c. 
When the applicant is requesting restrictions on the use of public streets or public parking during the course of the filming.
d. 
Nature of the film shoot itself; e.g. indoors or outdoors; day or night, on public or private lands.
e. 
Prior experience of the film company/applicant with the City, if any.
[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
Copies of the approved permit will be sent to the Community Programs, Community Services, Police and Fire Departments, Board of Health, Parking Services, Summit Downtown Inc. and the Chamber of Commerce before filming takes place, and to the New Jersey Film Commission. The applicant shall permit the Fire Prevention Bureau, Police Traffic Bureau, Code Enforcement or other City inspectors to inspect the site and the equipment to be used. The applicant shall comply with all safety instruction issued by the Fire Prevention Bureau or other City inspectors.
[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
In addition to any other fees or costs mentioned in this chapter, the applicant shall reimburse the City for any lost revenue, such as parking meter revenue, repairs to public property or other revenues that the City was prevented from earning because of filming.
[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
The schedules of fees for the issuance of permits authorized by this chapter are as follows:
a. 
Basic filming permit: seven hundred fifty ($750.00) dollars.
b. 
Daily filming fee payable in addition to the basic filming permit:
1.
First day:
Fifteen hundred ($1,500.00) dollars
2.
Second day:
One thousand ($1,000.00) dollars
3.
Third day:
Seven hundred fifty ($750.00) dollars
4.
Nonprofit applicants filming for educational documentary or public television purposes (no daily rate required):
Seventy-five ($75.00) dollars
5.
Student applicants filming for educational documentary or public television purposes (no daily rate required):
None ($0)
c. 
Fee changes shall also be reflected in Appendix A — Schedule of Fees.
[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
Where the owner of the premises is not the applicant for a permit required by this chapter, both the owner and the applicant shall each be liable for violations hereof. Any person violating this chapter or these rules and regulations, upon conviction thereof, shall be punished by a fine not exceeding one thousand ($1,000.00) dollars per day or by imprisonment in the County jail for a term not exceeding ninety (90) days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.