[HISTORY: Adopted by the Township Committee of the Township of Maplewood 3-16-1999 by Ord. No. 2076-99. Amendments noted where applicable.]
Administration of Government — See Ch. 6, Arts. VIII and IX.
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, including setup and breakdown, intended for viewing on television, in theaters or for institutional uses. Filming shall also include the use of the public right-of-way (streets, sidewalks, etc.) for equipment used in connection with the taking of still or motion pictures (lights, cables, trucks, trailers, generators, etc.) The provisions of this chapter shall not be deemed to include the filming of news stories within the Township of Maplewood.
- PUBLIC LANDS
- Any and every public street, public building, highway, sidewalk, square, public park or playground or any other public place within the township which is within the jurisdiction and control of the Township of Maplewood.
No person or organization shall film or permit filming on public property within the Township of Maplewood without first having obtained a permit from the office of the Township 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, including setup, filming and breakdown. Said permit must be readily available for inspection by township officials at all times at the site of the filming.
All permits shall be applied for and obtained from the office of the Township Clerk during normal business hours. Applications for such permits shall be in a form approved by the Township Clerk and be accompanied by a permit fee in the amount established by this chapter.
A permit shall be sufficient to authorize outdoor or indoor filming for a period as specified in the permit.
There can be no change to the approved dates and times once a permit has been issued. A permit to film in a residential area shall be for a maximum of five days. A permit to film in any other area shall be for a maximum of 10 days. However, 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 Clerk, at the direction of the Township Administrator, 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 Township Clerk unless applied for at least five days prior to the setup date; provided, however, that the Township Administrator may waive the five-day period if, in his judgment, the applicant has obtained all related approvals and affected property owners, business owners, merchants and/or tenants do not need to be notified.
No permit shall be issued for filming upon public lands unless the applicant shall provide the township with satisfactory proof of the following:
Proof of insurance coverage for bodily injury and property damage in the amount of $5,000,000 per occurrence, together with a certificate of insurance naming the Township of Maplewood as an additional insured and containing a provision giving the township five days' notice before cancellation.
An agreement, in writing, whereby the applicant agrees to indemnify and save harmless the Township of Maplewood from any and all liability, expenses, claims or damages resulting from the applicant's negligence, and the applicant further agrees to reimburse the township for out-of-pocket expenses, including but not limited to police, fire, public works, etc.
The posting of a cash bond in the minimum amount of $500 or such other sum as determined by the Township Administrator, taking into consideration the length and scope of the project, running in favor of the township 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 township ordinances, laws and regulations will be followed and any costs incurred by the township are paid. Within seven days of the completion of the filming, the township will return the bond if there has been no damage to public property or public expense caused by the filming.
The hiring of off-duty Maplewood police officer(s), as determined by the Township Administrator, for the times indicated on the permit at a rate set by the Police Department.
Securing the written consent of township property owners, business owners, merchants and/or residents who, in the opinion of the Township Administrator, would be adversely affected by the permit being issued.
The holder of the permit shall take all reasonable steps to minimize the interference with the free passage of pedestrians and traffic over public lands and shall comply with all lawful directives issued by the Maplewood Police and Fire Departments with respect thereto.
The holder of a permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort to neighboring 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 in the opinion of the Township Administrator, the applicant's production activity, by reason of location or otherwise, will directly involve and/or affect any businesses, merchants or residents, these parties, as identified by the Township Administrator by address, shall be given written notice by the applicant of the filming at least five days prior to the requested setup date and be informed that objections may be filed with the Township 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 affected parties shall be submitted to the Township Clerk within one day of the requested shooting date.
Filming in residential zones shall be permitted Monday through Friday between the hours of 7:00 a.m. and 8:00 p.m., provided that all requests for night scenes shall be approved in the permit or by a waiver 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 Township Administrator may refuse to issue a permit whenever he determines, on the basis of objective facts and after a review of the application and a report thereon by the Police Department, Fire Department and by other township 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 neighboring properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise adversely affect the public's health, safety or welfare. Further, the township reserves the right to require one or more on-site police officers in situations where the proposed production may impede the proper flow of traffic, the cost of said police officers 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 Township Administrator denying or revoking a permit or a person requesting relief pursuant to Subsection H may appeal to the Township Committee. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Township Administrator. An appeal from the decision of the Administrator shall be filed within 10 days of the Administrator's decision. The Township Committee 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 Township Committee shall be in the form of a resolution supporting the decision of the Township Committee at the first regularly scheduled public meeting of the Township Committee 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 Administrator shall be deemed to be reversed and a permit shall be issued in conformity with the application or the relief pursuant to Subsection H shall be deemed denied.
The Township Administrator 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 permit filming at a particular location in a residential zone for more than five days, to a maximum of 10 days at any one location, or may waive any other limitation or requirement of this chapter whenever he determines that such a permit may be issued without endangering the public health, safety and welfare. In determining whether to issue a waiver under this section, the Administrator 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 township, if any; and
Consultation with the Township Committee.
Copies of the approved permit will be sent to the Police and Fire Departments before filming takes place and to the New Jersey Motion Picture and Television Development Commission. The applicant shall permit the Fire Prevention Bureau or other township inspectors to inspect the site and the equipment to be used. The applicant shall comply with all safety instructions issued by the Fire Prevent Bureau or other township inspectors.
In addition to any other fees or costs mentioned in this chapter, the applicant shall reimburse the township for any lost revenue, repairs to public property, out-of-pocket expenses, overtime paid or other revenues that the township was prevented from earning because of filming.
The use of ancillary township facilities (parking of vehicles, serving of meals, etc.) shall be at the direction of the Township Administrator and/or Police Department. The applicant shall reimburse the township the reasonable cost for use of all such ancillary facilities.
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 provision of § 125-3H requiring expedited processing of the permit application, the basic filming permit fee shall be $125.
The permit fee for student projects and nonprofit corporations filming for educational purposes shall be $25.
Daily filming fee payable in addition to basic filming permit: $500 per day or part thereof.
Filming on public property as listed below; daily filming fee payable in addition to the basic filming permit: $750 per day or part thereof at the following locations:
Filming at Maplewood Village; daily filming fee payable in addition to the basic filming permit: $1,000 per day or part thereof.
The foregoing fees may be waived for student projects or for nonprofit corporations filming for educational purposes
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.