[HISTORY: Adopted by the Mayor and Council of the Borough of East Rutherford 4-18-2000 by Ord. No. 2000-2]
Entertainment establishments — See Ch. 141.
As used in this chapter, the following terms shall have the meanings indicated:
- The taking of still or motion pictures either on film or videotape, or similar recording medium, for commercial or educational purposes intended for viewing on television, in theatres or for institutional uses. The provisions of this chapter shall not be deemed to include the filming of news stories within the Borough of East Rutherford.
- A. Any film which is financed and/or distributed by a major motion-picture studio, including but not limited to the following:
- B. Any film for which the budget is at least $5,000,000.
- PUBLIC LANDS
- Any and every public street, highway, sidewalk, square, public park or playground or any other public place within the borough which is within the jurisdiction and control of the Borough of East Rutherford.
No person or organization shall film or permit filming on public property within the Borough of East Rutherford without first having obtained a permit from the office of the Borough 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 consecutive days in any one location, and in no event shall filming at one location within the borough exceed a total of six days in any one calendar year, regardless of the number of permits utilized in reaching this six-day maximum. This six-day limitation may be extended only if the filming requested constitutes a major motion picture as defined herein. Said permit must be readily available for inspection by borough officials at all times at the site of 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 be accompanied by a permit fee in the amount established by this chapter, § 153-4 herein.
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 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 permits will be issued by the Borough Clerk unless applied for prior to five days before the requested shooting date; provided, however, that the Borough Clerk 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.
No permit shall be issued for filming upon public lands unless the applicant shall provide the borough with satisfactory proof of the following:
An agreement, in writing, whereby the applicant agrees to indemnify and save harmless the Borough of East Rutherford from any and all liability, expense, claim or damages resulting from the use of public lands.
The posting of a cash bond of $500 or a maintenance bond of $500 running in favor of the borough 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 borough ordinances, laws and regulations will be followed. Within seven 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.
The hiring of an off-duty East Rutherford police officer for the times indicated on the permit, if necessary.
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 shall comply with all lawful directives issued by the East Rutherford 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. Where the applicant's production activity, by reason of location or otherwise, will directly involve and/or affect any businesses, merchants or residents, these parties shall be given written notice of the filming at least three days prior to the requested shooting date and be informed that objections may be filed with the Borough Clerk, said objections to form a part of applicant's application and be considered in the review of the same. Proof of service of notification to adjacent owners shall be submitted to the Borough Clerk within two days of the requested shooting date.
Filming in residential zones shall be permitted Monday through Friday between the hours of 7:00 am. and 9:00 p.m., provided that all requests for night scenes shall be approved in the permit to be granted in accordance with Subsection H hereof. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.
The Borough Clerk may refuse to issue a permit whenever he/she determines, on the basis of objective facts and 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 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. Further, the borough reserves the right to require one or more on-site patrolmen in situations where the proposed production may impede the proper flow of traffic, the cost of said patrolman 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.
Any person aggrieved by a decision of the Borough Clerk denying or revoking a permit, or a person requesting relief pursuant to Subsection F, 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 days of the Clerk's decision. The Borough Council 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 Borough Council shall be in the form of a resolution supporting the decision of the Borough Clerk at the first regularly scheduled public meeting of the Borough 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 shall be deemed to be reversed and a permit shall be issued in conformity with the application, or the relief pursuant to Subsection F shall be deemed denied.
The Borough Clerk may authorize filming other than during the hours herein described. In determining whether to allow an extension of hours under this section, the Clerk shall consider the following factors:
Traffic congestion at the location caused by vehicles to be parked on the public street.
Applicant's ability to remove film-related vehicles off the public streets.
When the applicant is requesting restrictions on the use of public streets or public parking during the course of the filming.
Nature of the film shoot itself, e.g., indoor or outdoors, day or night.
Prior experience of the film company/applicant with the borough, if any.
Copies of the approved permit will be sent to the Police and Fire Departments before filming takes place, and to the New Jersey Film Commission. The applicant shall permit the Fire Prevention Bureau or other borough 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 borough inspectors.
In addition to any other fees or costs mentioned in this chapter, the applicant shall reimburse the borough for any lost revenue, such as parking meter revenue, repairs to public property or other revenues that the borough was prevented from earning because of filming.
Special regulation for major motion pictures:
When filming is requested with respect to a major motion picture, the approved location of such filming and approved duration of such filming by specific reference to day or dates shall not exceed six days in duration.
Any days necessary to be used for setup and preparation for a major motion-picture filming may, in the discretion of the Clerk, be counted as a filming day where such setup is anticipated to involve one or more of the factors set forth in 3H hereof.
The schedule of fees for the issuance of permits authorized by this chapter are as follows:
Basic filming permit: $75. Where an applicant requests a waiver of the provisions of § 153-3A requiring expedited processing of the permit application, the basic filming permit fee shall be $125.
Daily filming fee payable in addition to the basic filming permit: $500 per day.
Daily filming fee payable for major motion picture: $1,500 per day.
Filming permits for nonprofit applicants filming for educational purposes (no daily rate required): $25.
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 $1,000 per day or by 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.