[HISTORY: Adopted by the Mayor and Council of the Borough of Closter 8-24-1994 as Ord. No. 1994:679. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- 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.
- PUBLIC LAND
- Any and every public street, highway, sidewalk or square, public park or playground or other public place within the borough which is within the jurisdiction and control of the borough.
No person shall film or permit filming within the Borough of Closter without first obtaining a permit therefor, which permit shall set forth the location of such filming and the date or dates when filming shall take place.
Permits shall be obtained in 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 as hereinafter set forth. 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 (1) permit shall be required for each location.
One (1) permit shall be sufficient to authorize outdoor filming on one (1) day and indoor filming on one (1) day within a period of not more than (10) days beginning on the date of issuance of the permit, provided that each 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 any residential zone shall not exceed four (4) days without a waiver pursuant to § 178-3I of this chapter.
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, who shall certify that filming did not in fact take place on the dates specified, 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.
No permit shall be issued for filming at a particular location in a residential zone within the Borough of Closter which would permit filming at said location on more than four (4) days during any one (1) calendar year unless a waiver pursuant to § 178-3I of this chapter is granted.
No permit shall be issued for filming upon public lands within the Borough of Closter unless the applicant for such permit:
Provides proof of insurance coverages as follows: general public liability in the amount of not less than one million dollars ($1,000,000.) combined single limit; automobile liability covering owned and nonowned automobiles in the amount of not less than one million dollars ($1,000,000.) combined single limit; and workers compensation and employers liability as required by New Jersey law. The Borough of Closter shall be named as an additional insured for the entire time granted by the permit.
Agrees in writing to defend, indemnify and hold harmless the Borough of Closter from any and all claims, actions at law, liability or damages resulting from the use of public lands or employees of the Borough of Closter. The agreement shall be on a form supplied by the Borough Clerk and shall be acknowledged by the insurance company or companies.
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 Closter Police Department with respect thereto.
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 limit to the extent possible any interference with normal public activity on such public lands.
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.
In residential zones, 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.
The Borough Clerk may refuse to issue a permit whenever she determines, on the basis of objective facts, after a review of the application and a report thereon by the Police Department and by other borough 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 or welfare.
Any person aggrieved by a decision of the Borough Clerk denying or revoking a permit or a person requesting relief pursuant to Subsection I may appeal to the Mayor and Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Borough Clerk. An appeal from the decision of the Borough Clerk shall be filed within ten (10) days of the Borough Clerk's decision. The Mayor and Council shall set the matter down for a hearing within thirty (30) days of the day on which the notice of appeal was filed. The decision of the Mayor and Council shall be in the form of a resolution. A resolution supporting the decision of the Borough Clerk or granting relief pursuant to Subsection I shall be approved by the Mayor and Council at the first regularly scheduled public meeting of the Mayor and Council after the hearing on 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 Borough Clerk shall be deemed to be reversed, and a permit shall be issued in conformity with the application or the relief pursuant to Subsection I shall be deemed denied.
The Mayor and Council may authorize a waiver of any of the requirements or limitations or this chapter and may authorize filming other than during the hours herein described or may extend the duration of a permit beyond ten (10) days or may permit filming at a particular location in a residential zone on more than four (4) days during any one (1) calendar year or may waive any other limitation or requirement of this chapter whenever it determines that strict compliance with such limitation 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.
The applicant shall notify the Fire Official twenty-four (24) hours before filming takes place and permit the Fire Official 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 Official or his designee.
The holder of a permit for filming on public lands shall hire, at said person's sole cost and expense, a Closter police officer who will be present at all times at the site during the filming.
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 (1) side of the street.
The fees, which shall be paid to the Borough Clerk in advance of the filming and issuance of the permit, are as set forth in Ch. A301, Fees and Deposits.
Any person violating this chapter or rules and regulations contained herein shall be subject to a fine not to exceed one thousand dollars ($1,000.) or imprisonment for a term not to exceed ninety (90) days, or both.
The provisions of this chapter shall not apply to the filming of news stories by authorized press personnel within the borough, the Borough of Closter Police Department, Fire Department or Ambulance Corp., nor shall it apply to filming for training provided by such borough agencies.
[Added 10-12-1994 by Ord. No. 1994:683]
As to any responsibility or assignment designated to the Borough Clerk by this Chapter 178, the Mayor and Council may, by resolution, designate the Borough Administrator in the alternative.