[HISTORY: Adopted by the Township Committee
of the Township of Rochelle Park 2-21-2001 by Ord. No. 818. 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 or
videotape or similar recording medium, for commercial or educational
purposes intended for viewing on television, in theaters or for institutional
uses. The provisions of this chapter shall not be deemed to include
the filming of news stories within the Township of Rochelle Park.
This chapter shall provide regulations for filming on private property
and/or public lands.
A.
No person shall film or permit filming within the
township 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.
B.
Permits shall be obtained in the office of the Township
Clerk during normal business hours. Applications for such permits
shall be in the form approved by the Township Clerk and shall be accompanied
by a permit fee in the amount established by the township.
C.
One permit shall be required for each location.
D.
One permit shall be sufficient to authorize outdoor
filming on one day and indoor filming on one day, provided that 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 a residential
zone shall not exceed two without a waiver.
E.
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 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.
F.
No permit shall be issued for filming within the township
on or in any private property unless written consent of the property
owner and/or tenant accompanies the application.
Applications shall be obtained from and submitted
to the Township Clerk in person or by mail and must contain at least
the following information:
A.
The name, address and telephone number of the applicant.
B.
The location of the property where filming, etc.,
is to take place.
C.
Whether the applicant is the owner or tenant in possession
of the property.
D.
The name and address of the owner of the property
if the applicant is not the owner.
E.
The consent of the owner if other than the applicant.
F.
The name, address and telephone number of the person
or entity the applicant wishes to allow to film, etc.
G.
The date filming is to take place and the hours of
filming.
H.
The dates within the previous 12 months that any filming, as described in §101-1 above, was conducted at this location.
I.
Approval from the Police Chief, with any conditions
he may set forth if the filming is to take place on public lands.
J.
Any other approval the Township Clerk deems necessary,
with any conditions which may be set forth.
K.
A signed statement that the applicant affirms, under
penalty of perjury, that all statements contained in the application
are true.
A.
No permit shall be issued for filming at a particular
location in a residential zone within the township which would permit
filming at said location on more than two days during any one calendar
year unless a waiver is granted by the township.
B.
No permit shall be issued for filming upon public
lands within the township unless the applicant for such permit:
(1)
Provides proof of insurance coverage for bodily injury
for any person in the amount of $500,000 and for any aggregate occurrence
in the amount of $1,000,000;
(2)
Agrees, in writing, to indemnify and save harmless
the township from any and all liability or damages resulting from
the use of such public lands.
C.
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 Township Police Chief with respect thereto.
D.
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 shall limit,
to the extent possible, any interference with normal public activity
on such public lands.
E.
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.
F.
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, in residential zones.
G.
The Township Clerk may refuse to issue a permit whenever
he determines, on the basis of objective facts and a review of the
application and a report thereon by the Township Police Chief and
by other township 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, safety or welfare.
H.
Any person aggrieved by a decision of the Township Clerk denying or revoking a permit or a person requesting relief pursuant to Subsection I may appeal to the Township Administrator. 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 Township Clerk shall be filed within 10 days of the Township Clerk's decision. The Township 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 Township Administrator shall be in the form of a written decision.
I.
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 extend the duration of a permit beyond two days, or may permit
filming at a particular location on more than two days during any
one calendar year or may waive any other limitation or requirement
of this chapter whenever he determines that strict compliance with
such limitations 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.
J.
The applicant shall notify the Fire Chief 24 hours
before filming takes place and shall permit the Fire Chief 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 Chief
or his designee.
K.
The holder of a permit issued for filming on public
lands shall hire, at said person's sole cost and expense, a township
police officer who will be present at all times at the site during
the filming.
L.
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 side of the
street.
[Amended 12-16-2015 by Ord. No. 1093-15]
Fees shall be as follows:
