[HISTORY: Adopted by the Borough Council of the Borough of Hillsdale 9-5-2007 by Ord. No. 07-24. Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 138.
Licenses and permits — See Ch. 188.
Noise — See Ch. 208.
As used in this chapter, the following terms shall have the meanings indicated:
FILMING
The taking of still or motion pictures, either on film, video tape, or similar recording medium, intended for commercial use for viewing on television, in the theaters or for advertising purposes.
NEWS STORIES
The reporting or summarizing of information concerning something that has either recently taken place or of current events of general interest and includes such features commonly known as newscasts, news bulletins and news anthology programs.
NOT FOR PROFIT
Charitable, religious and other organizations qualifying pursuant to Section 501(c)(3) of the Internal Revenue Code or its successor.
A. 
No person shall film or permit filming within the Borough of Hillsdale without first obtaining a permit, 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 Borough Clerk, and the application permit shall be in a form approved by the Borough Clerk and shall be accompanied by a fee as set forth herein,[1] or as may hereafter be established by ordinance. Permits shall be issued in accordance with the procedures governing the issuance of licenses and permits, generally appearing as Chapter 188 hereof.[2]
[1]
Editor's Note: See Ch. 138 fees.
[2]
Editor's Note: See Ch. 188 Licenses and Permits.
C. 
A permit shall be sufficient to authorize outdoor or indoor filming and outdoor filming within a defined period of time. If the filming does not take place on the dates specified in the permit due to inclement weather or other good cause, the Borough Clerk may issue a new permit at no additional fee.
D. 
The Borough reserves the right to limit the number of permits for any location within any calendar year unless a waiver is obtained.
No permit shall be issued for filming within the Borough of Hillsdale unless the applicant for such permit:
A. 
Provides liability insurance coverage for bodily injury of not less than $1,000,000 per person and $2,000,000 aggregate coverage; property damage of not less than $500,000 per incident and $1,000,000 aggregate.
B. 
Specifies in writing that the Borough of Hillsdale will be indemnified and saved harmless from any and all liability or damages.
C. 
Obtains the permission of the owners where the filming takes place on private property.
D. 
Agrees to comply with all lawful directives issued by the Hillsdale Police Department, Fire Department and other departments where deemed necessary and to reimburse the Borough of Hillsdale for any police, fire or other Borough personnel.
E. 
Delivers to the Borough an escrow deposit in an amount equal to 125% of the amount of estimated expenses for personnel and equipment in accordance with fees established by the head of Police, DPW and Fire Code Departments. Such escrow shall be held by the Borough escrow account pending completion of the filming or the expiration of the permit. The escrow may be used by the Borough to reimburse the Borough for any costs required to be paid by the applicant hereunder or for additional expense incurred by the Borough in conjunction with the filming.
F. 
Provides notice to property owners of properties located, and residents residing, within 750 feet of the property lines of the premises for which the permit is requested, as measured along public streets. Such notice shall be in writing and shall advise the property owner or resident of the date or dates upon which filming is to take place and the location of the premises where the filming is to take place. Such notice shall either be personally served or served by certified mail/return receipt requested upon the property owners or residents entitled to receive notice at least seven days prior to the commencement of filming. Service by certified mail shall be complete upon the receipt of such mail by the residents and property owners. Upon the written request of the applicant, the Borough shall, within 72 hours, make and certify a list from the current tax duplicates of the addresses of property located within the Borough of Hillsdale within 400 feet of the property lines of the premises for which the permit is requested, together with the names and addresses of the record owners thereof. Notice to owners and residents of properties in adjoining municipalities shall be given by personal service or by certified mail to the clerk of such adjoining municipality. Failure to give notice to a resident or property owner of premises not shown on the list shall not invalidate the permit. Prior to commencing filming, the applicant shall file an affidavit of proof of service with the Borough Clerk.
A. 
In residential zones, all activity including filming shall be permitted only Monday through Friday between the hours of 7:00 a.m. and 8:00 p.m. or sundown, whichever is earlier. Filming shall not take place on those days on which municipal activities and sporting events are not permitted.
B. 
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. 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.
C. 
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 daily and upon completion of filming or the expiration of the permit, whichever comes first. Should the holder of the permit fail to remove all equipment, debris and other rubbish within the time period specified, the Borough may remove same at the expense of the applicant and the applicant shall reimburse the Borough for the cost thereof.
D. 
The applicant shall notify the Borough Clerk at least 72 hours before filming in order to give the Borough Clerk sufficient opportunity to notify the affected departments so that they may have an authorized representative inspect the site and take such other measures as may be necessary to protect the public health, safety or welfare.
E. 
The holder of the permit shall comply with all lawful directives issued by the Hillsdale Public Safety Department and comply with all other applicable laws. When, in the judgment of the Director of Public Safety, or his designee, the presence of police, fire or code enforcement personnel are required in connection with the filming, the applicant shall reimburse the Borough for the cost of such personnel.
F. 
The holder of the permit shall not conduct filming in such a manner as to preclude access to adjoining properties from the public street or to encroach upon adjoining property without the express written consent from the owner and occupant thereof.
G. 
Vehicles used in connection with the filming, including vehicles of personnel associated with such filming, shall be parked off the public right-of-way to the maximum extent permitted. Vehicles should not be parked so as to encroach on private property without the express written consent from the owner/occupant thereof. Vehicles parked in the public right-of-way shall comply with all applicable parking and traffic regulations. Vehicles parked or located in violation hereof may be towed by the Borough of Hillsdale, and the cost thereof shall be reimbursed to the Borough by the applicant.
H. 
The holder of the permit shall not suffer or permit any lights used in connection with the filming to shine directly into any windows upon any other property nor suffer or permit any noise, in excess of the limitation specified in the Borough's noise ordinances,[1] to extend across property lines. In the event of a violation hereof, the Borough may abate such violation and charge the cost thereof to the applicant who shall reimburse the Borough for such cost.
[1]
Editor's Note: See Ch. 208, Noise.
In accordance with the procedures governing the denial and revocation of permits appearing in hereof, the Borough Clerk may refuse to issue a permit or revoke 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 and by other 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.
Any person aggrieved by a decision of the Borough Clerk granting, denying or revoking a permit may appeal to the Borough Council with 10 days of the denial.
The Borough Administrator may authorize a waiver of any of the requirements or limitations of this chapter if he determines that strict compliance with such limitations will impose an unreasonable burden upon the applicant and that such a permit may be issued without endangering the public's health, safety and welfare; providing, however, the Borough Administrator shall report any such waiver to the Borough Council at its next meeting giving the reasons for the waiver.
The fee schedule for permits authorized under this chapter shall be as follows in accordance with the application annexed as may be amended from time to time by the Borough Council.[1]
[1]
Editor's Note: See Ch. 138, Fees.
The provisions of this chapter relating to the requirement for and the issuance of permits shall not apply to the filming of news stories and not-for-profit organizations; provided, however, that such filming shall comply with the following restrictions:
A. 
In residential zones, such filming shall, to the extent possible, occur only Monday through Friday between the hours of 8:00 a.m. and 7:00 p.m. or sundown, whichever is earlier.
B. 
Such filming shall be conducted in such a manner as to minimize the inconvenience or discomfort to adjoining property owners or the interference with previously scheduled activities or normal public activities upon public lands.
C. 
Such filming shall be conducted so as to minimize the creation and spread of debris and rubbish during filming and, upon the completion of the filming, those conducting the filming shall remove all equipment, debris and other rubbish from the filming location.
D. 
To the extent practical, advance notification shall be furnished to the Borough Clerk of such filming.
E. 
Such filming shall comply with all lawful directives issued by the Hillsdale Police, Fire and Code Enforcement officers and officials.
F. 
Such filming shall be conducted in such a manner as not to preclude access to adjoining properties from the public street or to encroach upon adjoining property without the express written permission from the owner and occupant thereof.
G. 
Vehicles used in connection with the filming, including vehicles of personnel associated with such filming, shall be parked off the public right-of-way to the maximum extent permitted. Vehicles should not be parked as to encroach upon private property without the express written consent from the owner or occupant thereof. Vehicles parked in the public right-of-way shall comply with all applicable parking and traffic regulations. Vehicles parked or located in violation hereof may be towed by the Borough of Hillsdale and the cost thereof shall be reimbursed to the Borough by the owner thereof.
H. 
Lights used in connection with the filming shall not shine directly into any window upon other property nor shall any noise from the filming extend across property lines in excess of the limitation specified in the Borough's noise ordinance.[1]
[1]
Editor's Note: See Ch. 208, Noise.
Any person violating any part of this chapter shall be subject to a fine not to exceed $2,500 or imprisonment for a term not to exceed 90 days, or both.