[HISTORY: Adopted by the Mayor and Council of the Borough
of Westwood 9-17-2019 by Ord. No. 19-16.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 166.
Littering — See Ch. 204.
Parks and recreation areas — See Ch. 243.
Shows, parades and street meetings — See Ch. 301.
Streets and sidewalks — See Ch. 330.
[1]
Editor's Note: This ordinance also repealed former Ch. 157,
Filming, adopted 7-21-2009 by Ord. No. 09-15, as amended.
The Borough of Westwood has determined that family-friendly
commercial filming is an important industry in the Borough and should
be regulated to maintain the health and safety of all persons, mitigate
the disruption to all persons within filming areas, maintain the safety
of property within the Borough of Westwood, and control traffic congestion
at certain locations within the Borough. This chapter is not intended
to apply to purely private filming events, including, but not limited
to, the filming or photographing of a wedding or private social function,
or the filming by any public entity; neither is it intended to include
the filming of news stories.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, organization, corporation, association or other
entity applying for a film permit from the Borough of Westwood.
The Borough of Westwood.
As used in this chapter, any film, including a movie, television
program, commercial, still photography, 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. 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."
Shall include, but not be limited to: directors, actors,
set or costume designers, camera crew members, lighting crew members,
sound crew members, boom operators, pyrotechnics experts, stunt performers,
extras, stage hands, security personnel, production or personal assistants,
contractors and subcontractors, interns (whether or not paid) and
agents.
Commercial still photo shoots, web series, independent films,
short films that consist of either a filming crew size that is between
10 and 19 people, a casting size that is between 10 and 14 people,
or the presence of nine or fewer production vehicles on Borough streets.
Major motion pictures, commercials, TV series, network, cable,
streaming services (e.g., Netflix, Hulu, Amazon, etc.) that consist
of either a filming crew size of 20 or more people, a casting size
of 15 or more people, or the presence of greater than 10 production
vehicles on Borough streets.
Commercial still photo shoots, web series, independent films,
short films that consist of either a filming crew size that is between
four and nine people, a casting size that is between four and nine
people, or the presence of three or fewer production vehicles on Borough
streets.
As used in this chapter, filming for the purpose of spontaneous,
unplanned television news reporting by journalists, reporters, photographers
or camera operators.
As used in this chapter, any property not owned by the Borough
of Westwood, but rather is owned by or assessed to a private person
or entity in which filming would not interfere with public right-of-way,
access or safety.
Any public street, road, sidewalk, public park or playground,
Borough-owned building or property or any other public place which
is maintained and within the control of the Borough of Westwood.
Photographs or other visual impressions which are not films
which are sold or leased or otherwise commercially exchanged and all
activity related to the staging or shooting of such photographs or
other visual impressions.
A not-for-profit film, filmed in eight hours or less, made
by currently enrolled students under the sponsorship of an accredited
school or institution of higher learning, who have evidenced such
sponsorship with a letter written on school letterhead, signed by
a school administrator, and who present a certificate of insurance.
A.
Permit requirement. No person or organization shall commence the
making of a film or permit filming or take still photographs (as defined
in this chapter) on public property without first having completed
an application and obtaining a film/photography permit from the Clerk's
office.
B.
No person shall commence the making of a film, commercial film or
permit filming or take still photographs on private property without
first having completed an application and obtaining a film/photography
permit from the Borough Clerk's office if filming will interfere with
the public's use of public property or rights-of-way on public property.
C.
Time to apply. Applicants shall, if practicable, apply for a permit at least five days before commencing filming. 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 a form approved by the Borough Clerk and shall be accompanied by a permit fee in the amount established by this chapter in § 157-4 herein.
D.
Upon approval as provided for in this chapter, a permit shall be
issued, and be readily available for inspection by Borough officials
at all times at the site of the filming.
E.
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
or amended 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.
B.
Notwithstanding the above schedule of fees, the Borough Clerk, Police Chief, and Parking Utility hereby have authorization to waive any administrative fees, and waive or decrease permit fees in extenuating circumstances or when a film does not meet the criteria of major, intermediate and minor as defined in § 157-2, Definitions.
[Amended 10-18-2022 by Ord. No. 22-19]
C.
Reimbursement of costs.
(1)
It is intended by this section that the Borough of Westwood incur
no unreimbursed costs which must be expended in order to reasonably
deal with health, safety and welfare concerns generated by the filming.
Said costs may include, for example: Fire Inspector, Sanitarian, police,
public works or similar persons or agencies. At the time of issuance
of the permit and in addition to the requisite fee, the Borough Clerk
shall seek an escrow deposit in an amount equal to the estimated costs
to be incurred, if any, for the individuals herein discussed. Such
estimate will be based upon the approximate hourly cost for the individuals
involved times the estimated number of hours which they may be compelled
to expend. At the conclusion of the filming, any unexpended balance
will be refunded.
(2)
If the fire official determines that the Borough's volunteer Fire
Department and/or Ambulance Corps are required to stand by during
all or a portion of the film shoot, arrangements are to be made directly
with the Fire Chief and/or Ambulance Corps Captain respectively. A
donation to the volunteer organization is customary in such situations.
A.
No permit shall be required for:
(1)
Filming by news media as defined in this chapter.
(2)
Filming for private social activities, including weddings, unless
the filming or photographing of such events is sold, leased, rented
or used for any commercial purposes, including reality television,
in which case a permit shall be obtained and all fees paid.
(3)
Filming activities or still photography conducted for use in a criminal
investigation or civil or criminal court proceeding, but not including
films or photographs which are sold, leased or used for any commercial
purpose.
(4)
Filming or still photography conducted solely for private nonprofit,
personal or family use, including real estate sales purposes of selling
an individual residence.
(5)
Filming activities or still photography conducted by or for the Borough
of Westwood.
(6)
Filming which requires no more than three crew members and no other
equipment except two cameras and two tripods.
(7)
A student film, provided that the makers and the school shall agree, in writing, that if the student film is ever released for commercial purposes, all permit costs and fees shall be due and payable as provided for in this chapter. All fees other than the permit fee, set forth in § 157-4, shall apply.
(8)
Permit fees may be waived at the discretion of the Borough Clerk
for nonprofit organizations with a valid 501(c)(3) status.
B.
In the event that any of the above activities require the use of
commercial vehicles, a permit shall be obtained notwithstanding the
fact that no fee is imposed.
A.
Liability insurance. Before a permit is issued, a certificate of
insurance will be, for bodily injury to any one person, in the amount
of $1,000,000 and, for any occurrence, in the aggregate amount of
$3,000,000, as well as, for property damage, for each occurrence,
in the aggregate amount of $500,000. The Borough officers and employees
shall be named as additional insured. The certificate shall not be
subject to cancellation or modification until after 30 days' written
notice to the Borough. A copy of the certificate will remain on file.
B.
Workers' compensation insurance. An applicant shall conform to all
applicable federal and state requirements for workers' compensation
insurance for all persons operating under a permit.
C.
Hold-harmless agreement. An applicant shall execute a hold-harmless
agreement as provided by the Borough prior to the issuance of a permit
under this chapter. This agreement will be in writing, whereby the
applicant agrees to indemnify and save harmless the Borough of Westwood
from any and all liability, expense, claims or damages resulting from
the use of public lands.
D.
Security deposit. To ensure cleanup and restoration of the site,
an applicant may be required to submit a refundable security deposit
in the form of a cash bond as follows: the posting of a cash bond
of $500 or a maintenance bond of $1,000 running in favor of the Borough
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 14 business days of
the completion of the filming, the Borough will return the bond if
there has been no damage to public property or public expense caused
by the filming.
E.
Child labor laws. An applicant shall conform to all applicable child
labor laws, including, but not limited, to N.J.S.A. 34:2-21.57 to
34:2-21.64 and N.J.A.C. 12:58-4.14.
F.
Off-duty police. Off-duty police officers shall be required during
filming if:
(1)
Firearms, pyrotechnics or other hazardous materials are to be used;
(2)
Any actors or crew members are to be wearing costumes that resemble
the uniforms of any type of public personnel;
(3)
Any streets or lanes are to be closed; or
(4)
The filming involves activities in which a police presence is necessary
to protect the health, safety or welfare of the residents of Westwood.
G.
Parking lots and meters spots. An applicant shall be required to
arrange with the Parking Utility for the use of parking in a municipal
lot or metered spot(s).
[Amended 10-18-2022 by Ord. No. 22-19]
A.
Permits shall not be transferable.
B.
A permit may be denied if:
(1)
The Director of Public Works and/or Police Chief determines that
closing a street will cause a substantial risk to public safety or
interfere with street maintenance work, or a previously authorized
excavation permit.
(2)
The filming activity will substantially interfere with municipal
functions or the scheduled maintenance of Borough buildings or grounds.
(3)
The activity creates a substantial risk of injury to persons or damage
to property.
(4)
The applicant failed to complete the application after being requested
to do so, or the information contained in the application is found
to be false in any material detail.
(5)
The activity violates federal, state, or local law including licensing
or permit requirements.
C.
When the grounds for permit denial can be corrected by imposing reasonable
conditions, the Borough may impose such conditions rather than denying
the permit.
D.
Regulations upon receipt of permit.
(1)
The permit holder 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 Police Department
with respect thereto.
(2)
The permit holder shall conduct its activities in such a manner so
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 permit holder shall avoid any interference with
previously scheduled activities upon Borough property and limit, to
the extent possible, any interference with normal activities.
(3)
Where a permit holder's activities, by reason of location or otherwise,
affect any business(es), merchants or residents, the permit holder
will give these parties at least 48 hours' notice prior to the film/photography
shooting date(s).
(4)
The permit holder shall make every effort to minimize the inconvenience
caused by filming and shall provide a designee who will respond to
residents' concerns and for ensuring the obtaining of off-duty police
assistance, the placing of "no parking" signs and other traffic control
devices (under the direction of the Parking Utility, but at the applicant's
expense), providing advance notice to affected property owners/businesses
and cleanup and restoration of all property, including streets, affected
by the filming.
[Amended 10-18-2022 by Ord. No. 22-19]
(5)
All filming and/or photography must be completed by the time specified
in the permit. Any extension to this time must be approved by the
Borough Clerk.
(6)
The permit holder shall pay all fees, and obtain all permits and
licenses required for its activity under local, state and federal
law and pay any fees associated therewith.
(7)
The permit holder shall abide by all governmental fire regulations.
(8)
The permit holder shall disclose to the Borough and obtain permission
for any use of stunts, pyrotechnics, open flames, vehicle crashes
or hazardous materials.
(9)
The permit holder shall conceal police, fire and other official uniforms
worn by actors, when the actors are not on camera.
(10)
The applicant shall file a request for the use of Borough logos,
insignias, badges or decals, and abide by any restrictions imposed.
(11)
The Borough shall receive credit on the project that shall read:
"Thanks to the Borough of Westwood." The credit shall have a blank
space above and below the credit so that it stands apart from and
not on a list of like credits.
(12)
The permit holder shall provide the Borough with five different
publicity stills. The stills will be used by the Borough solely for
promotional purposes, including, but not limited to, encouraging tourism
and filmmaking. The applicant shall give the Borough proper acknowledgment
for any assistance provided in making feature, television, or commercial
productions.
(13)
The permit holder shall immediately report all accidents, injuries,
health incidents or damage to property to the appropriate public authority.
(14)
Cleanup. The permittee shall conduct operations in an orderly
fashion, with continuous attention to the storage of equipment not
in use and the cleanup of trash and debris. The area used shall be
cleaned of trash and debris upon completion of shooting at the scene
and restored to the original condition before leaving the site.
(15)
Filming in residential zones shall be permitted only 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. The setup, production
and breakdown required by all filming shall be included in the hours
as set forth herein.
(16)
The Borough Clerk may authorize filming other than during the
hours herein described. In determining whether to allow an extension
of hours under this subsection, the Clerk shall consider the following
factors:
(a)
Traffic congestion at the location caused by vehicles to be
parked on the public street;
(b)
The applicant's ability to remove film-related vehicles from
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)
The nature of the film shoot itself, e.g., indoors or outdoors,
day or night; and
(e)
Prior experience of the film company/applicant with the Borough,
if any.
(17)
Copies of the approved permit will be sent to the Borough of
Westwood Police and Fire Departments before filming takes place and
to the New Jersey Film Commission. The applicant shall permit the
Fire Department or other Borough inspectors to inspect the site and
the equipment to be used. The applicant shall comply with all safety
instructions issued by the Fire Department or other Borough inspectors.
A fire extinguisher must be maintained on site at all times.
(18)
In addition to any other fees or costs mentioned in this chapter,
the applicant shall reimburse the Borough for any lost revenue, repairs
to public property or other revenues that the Borough was prevented
from earning because of filming.
(19)
If an applicant wishes to utilize Bergen County property within
the Borough of Westwood, the applicant must obtain a permit from the
Bergen County Film Commission and the Borough of Westwood.
(20)
Weapons. If weapons, including, but not limited to, guns, knives,
swords, cannons, machetes, rifles, and bow and arrows, are used during
filming, the applicant must notify the Borough of Westwood Police
Department of same, even if these weapons are only props.
(21)
Pyrotechnics. If an applicant wishes to use pyrotechnics, they
must submit their plan, including the date, time, location and amount
of explosives, to the Borough of Westwood Fire Chief.
(22)
Drones. Drone operation may be permitted in accordance with
FAA rules and regulations. See https://www.faa.gov/uas/. Operations
over people and property are not allowed without a waiver, in which
case they will be allowed if a waiver request is submitted and approved
(https://www.faa.gov/uas/commercial_operators/part_107_waivers).
Any person violating this chapter or these rules and regulations, upon conviction thereof, shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty, of the Code of the Borough of Westwood. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
Any person aggrieved by a decision of the Borough Clerk denying or revoking a permit or a person requesting relief from any requirements of §§ 157-3 through 157-7 of this chapter may appeal to the Borough Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Clerk. An appeal from the decision of the Clerk shall be filed within 10 calendar days of the Clerk's decision. The Borough Council shall set the matter down for a hearing within 10 calendar days of the day on which the notice of appeal was filed. The decision of the Borough Council shall be in the form of a resolution supporting the decisions of the Borough Clerk at the first regularly scheduled public meeting of the Borough Council after the hearing of the appeal, unless the appellant agrees, in writing, to a later date for the decision. If such a resolution is not adopted within the time required, the decision of the Clerk shall be deemed to be reversed, and a permit shall be issued in conformity with the application, or the relief from any requirements of §§ 157-3 through 157-7 of this chapter shall be deemed denied.