City of Camden, NJ Chapter 348 Filming

[HISTORY: Adopted by the City Council of the City of Camden 9-22-2005 by Ord. No. MC-4105 (Ch. 234 of the 1987 Code). Amendments noted where applicable.]

§ 348-1 General provisions.

A. Purpose and applicability. The purpose of this chapter is to establish special regulations for the review of filming in the City. Properties in any district, unless otherwise specified in this chapter, may be used as a filming location for filming, including without limitation, filming of motion pictures, videotaping or professional photography, subject to approval of a film permit pursuant to this chapter.

B. Permit exemptions. No permit shall be required for filming by any individual when such activities are for his or her personal use or entertainment, nor shall any permit be required for filming for use in news gathering, investigative reporting or for public access exhibition not for profit, including, without limitation, political events.

C. Filming guidelines. The City Council may adopt, by resolution, guidelines to be applied in granting permits and setting conditions under this chapter.

§ 348-2 General conditions.

A. No filming, including setup and dismantling of film activity, shall be done before 7:00 a.m. or after 7:00 p.m. The City may extend these hours upon a showing of necessity, and upon showing such exception shall not disturb the public.

B. No gun fire, explosions, sirens, public address systems, bullhorns or other noise-creating devices shall be used without prior permission and/or notification to the public.

C. No film permits shall be issued for property(ies) upon which there are outstanding uncorrected violations or tax delinquencies.

D. Helicopter landings, or filming from the air, will not be permitted without explicit written permission from the City or its designee. A safety meeting is required with the City or its designee, the film company pilot and a flight safety expert. The City will not recommend approval of any air filming without a safety walk through in advance of the air filming. Helicopter filming is banned in residential areas. Helicopter filming is allowed in a nonresidential area with signatures obtained from every affected property owner/tenant within a radius of 2,000 feet of the location.

E. Issuance of a permit pursuant to this chapter does not relieve the permit holder of its duty to comply with all other City ordinances, rules and regulations during the duration of the filming.

§ 348-3 Short-term permits.

A. Applicability. A short-term film permit may be approved by the City or its designee without notice or hearing for the following filming, defined as "commercial filming," limited under this chapter:

(1) In residential and public and semipublic districts, filming of up to six days in one calendar quarter, or up to 24 days in a calendar year;

(2) In all other zoning districts, filming of up to 15 days in one calendar quarter, and up to 60 days in calendar year, per quarter.

B. Conditions. The City or its designee may impose conditions on short-term film permits for protection of the public, including without limitation the following:

(1) Minimum insurance requirements, including the City as additional insured, with proof of insurance and provisions forbidding cancellation of insurance in such forms and amounts as deemed necessary:

(a) No permits will be issued by the Public Officer - Director of Code Enforcement unless applied for prior to five days before their requested filming date (may be subject to the requirements of other City entities, such as, police and fire). Provided, however, that the Public Officer may waive the five-day period if, in the Public Officer's judgment, the applicant has obtained all related approvals and adjacent property owners or tenants do not need to be notified.

(b) No permit shall be issued for filming upon public lands unless the applicant shall provide the City with satisfactory proof of the following:

[1] Proof of insurance coverage as follows (Insurance documents to be reviewed by the Office of the Risk Manager):

[a] For bodily injury to any one person in the amount of $500,000 and any occurrence in the aggregate amount of $1,000,000.

[b] For property damage for each occurrence in the aggregate amount of $300,000.

(2) An agreement, in writing, whereby the applicant agrees to indemnify and hold harmless the City of Camden from any and all liability, expense, claim or damages resulting from the use of public lands.

(3) The posting of cash of $500 or a maintenance bond of $500 established in the favor of the City of Camden and protecting and insuring that the location utilized will be left after filming in a satisfactory condition, free of debris, rubbish and equipment, and returning the property to its condition before the filming. Further, this maintenance bond shall also be posted in the favor of the City of Camden in order to ensure that due observance of all City ordinances, laws and regulations will be followed. Within seven days of the completion of the filming, the City will return the bond if there has been no damage to the property or public expense caused by the filming. The Office of the Risk Manager shall hold bond.

(4) A parking plan for vehicles used in the filming session.

(5) Written permission from affected property owners and tenants.

(6) Attendance during setup and the filming session by uniformed police officers or firefighters, at the applicant's sole cost and expense (pursuant to the assessed need by the Chief of Police and Fire).

§ 348-4 Conditional use permits.

A. Applicability. A filming conditional use permit shall be required for all nonexempt filming that is not eligible for a short-term film permit, including without limitation filming defined as "commercial filming" under this chapter.

B. Procedures. The procedures for filming conditional use permits shall be governed by this section.

(1) The standard notice procedure shall be followed, except that mailed notice shall be within 150 feet of the boundaries of the film location; and posted notice shall be within 500 feet of such boundaries.

(2) The City or its designee shall set a date and time on which the application will be considered. The public hearing notices shall be mailed and posted at least 14 days prior to that date. The hearing notice shall indicate that any interested person may request, in person or in writing, that a hearing be held on that date; and if no hearing is requested, the decision may be made without a hearing. The City or its designee may also hold a hearing at his or her election. If a hearing is held, the City or its designee shall conduct the hearing according to the standard procedures.

C. Findings. The following findings must be made prior to approval of a filming conditional use permit:

(1) The proposed filming will be located and conducted in a manner consistent with the general plan and the provisions of this chapter; and

(2) Approval of the application will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare.

D. Effective date and duration. A filming conditional use permit shall be effective until the date specified by the City or its designee, not to exceed 90 days. The City or its designee may extend the permit up to three times without notice and hearings, subject to making the findings required for approval of the permit. The permit shall lapse if not used within the approved time period.

E. Change in conditions. The City or its designee may require changes in the terms or conditions of a filming conditional use permit at any time while it is in effect if needed to ensure that the filming may continue to operate consistent with the required findings.

F. Revocation and appeal. A filming conditional use permit may be revoked by the City or its designee effective immediately for violation of the terms of the permit. The applicant only may appeal a decision on a filming conditional use permit.

§ 348-5 Fees.

A. The scheduled fees for the issuance of permits authorized in this chapter are as follows:

(1) Basic filming permit: the basic filming permit fee shall be $175.

(2) Daily filming fee: payable in addition to the basic filming permit shall be $500.

(3) Daily filming fee: payable for a major motion picture shall be $1,500.

(4) Filming permit for nonprofit: fee for nonprofit applicants filming for educational purposes shall be $25. No daily filming fee shall be required.

B. In addition to any other fees or costs mentioned herein, the applicant shall reimburse the City for any reasonable lost revenue such as, without limitation, parking meter revenue or other revenues the City was prevented from earning because of filming.

§ 348-6 Appeals.

A. Any person aggrieved by the action of a City official or his/her designee in connection with the denial of application for or revocation of any filming permit provided herein may make an appeal to the Business Administrator for review as provided below. The Business Administrator shall review such appeal and may reverse, modify or affirm the action of the City official or his/her designee upon a finding that said action was arbitrary, capricious or not supported by substantial evidence.

B. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Business Administrator. An appeal from the decision of a City official or designee shall be filed within 10 days of the denial or revocation decision. The Business 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 Business Administrator shall be in the form of a written decision.

§ 348-7 Violations and penalties.

Any person violating these rules and regulations, upon conviction thereof, shall be punished by a fine not exceeding $1,000 per day or imprisonment in the county jail for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.