[HISTORY: Adopted by the Township Committee of the Township of Maplewood 3-16-1999
by Ord. No. 2076-99. Amendments noted where applicable.]
GENERAL REFERENCES
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.
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.
A.
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.
B.
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.
C.
A permit shall be sufficient to authorize outdoor or
indoor filming for a period as specified in the permit.
D.
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.
A.
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.
B.
No permit shall be issued for filming upon public lands
unless the applicant shall provide the township with satisfactory proof of
the following:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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:
(1)
Traffic congestion at the location caused by vehicles
to be parked on the public street;
(2)
Applicant's ability to remove film-related vehicles
off the public streets;
(3)
When the applicant is requesting restrictions on the
use of public streets or public parking during the course of the filming;
(4)
Nature of the film shoot itself, e.g., indoor or outdoors;
day or night;
(5)
Prior experience of the film company/applicant with the
township, if any; and
(6)
Consultation with the Township Committee.
I.
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.
J.
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.
K.
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:
A.
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.
(1)
The permit fee for student projects and nonprofit corporations
filming for educational purposes shall be $25.
B.
Daily filming fee payable in addition to basic filming
permit: $500 per day or part thereof.
C.
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:
D.
Filming at Maplewood Village; daily filming fee payable
in addition to the basic filming permit: $1,000 per day or part thereof.
E.
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.
