[HISTORY: Adopted by the Township Council of the Township of Livingston 4-25-2022 by Ord. No. 5-2022. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
FILMING
The taking of still or motion pictures, either on film, videotape or similar recording medium, for commercial or educational purposes intended for viewing on television or in theaters or for institutional use. 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.
PUBLIC LANDS
Any and every public street, highway, sidewalk or square, public park or playground or other public place within the Township which is within the jurisdiction and control of the Township.
A. 
No person shall film or permit filming within the Township without obtaining a permit therefor, which permit shall set forth the location of such filming and the date or dates when filming shall take place. No permits shall be issued unless applied for prior to five days before the requested shooting date. However, the Manager 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 applied for in the office of the Township Clerk during normal business hours. Applications for such permits shall be in a form approved by the Township Manager and shall be accompanied by a permit fee in the amount established by the Township. 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.
C. 
One permit shall be required for each location.
D. 
One permit shall be sufficient to authorize indoor and outdoor filming on such days as requested in the Application and approved 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 without a waiver pursuant to this chapter.
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 Township Manager 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 chapter. No additional fee shall be paid for this permit.
F. 
No permit shall be issued for filming within the Township 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 Township Manager. The objections will become part of the applicant's application and will be considered by Township officials in reviewing the same. Proof of service of the notification of adjacent property owners shall be submitted to the Township Clerk at least two days prior to the requested shooting date.
Applications shall be obtained from and submitted to the Township Clerk and must contain at least the following information:
A. 
The name, address and telephone number of the applicant.
B. 
The location of the property where filming, etc., is to take place.
C. 
Whether the applicant is the owner or tenant in possession of the property.
D. 
The name and address of the owner of the property if the applicant is not the owner.
E. 
The consent of the owner if other than the applicant.
F. 
The name, address and telephone number of the person or entity the applicant wishes to allow to film, etc.
G. 
The date(s) filming is to take place and the hours of filming on each date.
H. 
The dates within the previous 12 months that any filming, as described in § 135-2D above, was conducted at this location.
I. 
Approval from the Police Chief, with any conditions he may set forth, if the filming is to take place on public lands.
J. 
A list of all vehicles and equipment proposed to be on site and used in connection with the filming.
K. 
The number of individuals, including all production personnel, actors and crew, intended to be on site and participating in the filming.
L. 
A summary of the purpose, nature and scope of the filming, including identifying indoor and outdoor filming and the hours of each.
M. 
A signed statement that the applicant affirms, under penalty of perjury, that all statements contained in the application are true.
A. 
No permit shall be issued for filming at a particular location in a residential zone within the Township which would permit filming at said location on more than 10 days during any one calendar year unless a waiver pursuant to § 135-4H, below is granted.
B. 
No permit shall be issued for filming upon public lands within the Township 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 Township from any and all liability or damages resulting from the use of such public lands.
(3) 
Agrees, in writing, to reimburse the Township for any lost revenues, such as parking meter revenue, repairs to public property and other revenue that the Township 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 Township for protecting and ensuring that the site of the filming is left in a satisfactory condition (free of debris, rubbish and equipment), and that all Township laws and regulations are followed. Within seven days of the completion of the filming, the Township shall return the bond if there is no damage to public or private property or public expense caused by the filming.
C. 
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 Township Police Chief with respect thereto.
D. 
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.
E. 
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.
F. 
Outdoor filming shall be permitted only Monday through Saturday, between the hours of 8:00 a.m. and 8:00 p.m. or sundown, whichever is earlier. Indoor filming shall only be permitted Monday through Saturday between the hours of 8:00 a.m. and 11:00 p.m.
G. 
The Township Manager may refuse to issue a permit whenever he or she determines, on the basis of objective facts and after a review of the application and a report thereon by the Township Police Chief and by other Township 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.
H. 
The Township Manager may authorize a waiver of any of the requirements or limitations of this chapter 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 chapter whenever he or she 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 health, safety and welfare.
I. 
The applicant shall notify the Fire Chief 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 fire safety instructions issued by the Fire Chief or his designee.
J. 
The holder of a permit issued for filming in any location or manner that could impede traffic or require the closure of roads as determined by the Chief of Police, shall hire, at said person's sole cost and expense, one or more Township police officers as required by the Chief of Police at the off-duty rates then in effect.
K. 
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 any street.
Fees shall be as follows:
A. 
Normal application: $100.
B. 
Expedited application: $150.
C. 
Filming on public land: $250.
D. 
Nonprofit for educational purposes: $50.
E. 
Daily filming fee (nonprofits exempt): $250.
The provisions of this chapter shall not apply to the filming of news stories, including and without limitation LTV and other Township-affiliated groups, within the Township of Livingston.