[HISTORY: Adopted by the Mayor and Council of the Borough of Hasbrouck Heights 4-28-1998 by Ord. No. 1815. Amendments noted where applicable.]
It shall be unlawful for any person, firm, partnership, corporation, association or organization of any kind, hereinafter collectively referred to as "person," to film or tape any commercials, movies, advertisements, shows or other productions intended for public viewing and/or display by professional crews upon any nonresidential premises in the Borough of Hasbrouck Heights (other than such premises which may have been approved for that single principal purpose in accordance with the land use ordinances of this Borough, such as a filming studio) unless such person shall hold a currently valid license issued pursuant to the terms of this chapter.
The application for the license required herein shall be made to the Borough Clerk under the signature of the applicant. The application shall contain the following:
The name, residence address and telephone number of each individual, owner, partner or, if a domestic corporation, the names, residence addresses and telephone numbers of the directors and officers owning a ten-percent or greater interest in the corporation and the chief operating executive of the corporation and, if a nondomestic corporation, the name, residence address and telephone number of the managing officer for service of process within the State of New Jersey and a copy of the qualification of said nondomestic corporation to conduct business in the State of New Jersey.
A copy of the trade, corporate, business or fictitious name upon which the applicant intends to do business pursuant to this chapter.
The address and description of the place where the applicant intends to undertake the filming or taping.
The name and address of the person who owns the premises, if other than the applicant, and the written consent of the owner of the premises to the application.
The Borough Clerk shall review the application for completeness and for compliance with the terms of this chapter. If the application is incomplete, the Clerk shall return it to the applicant, who shall complete the same and return it within 10 days; should the applicant fail to complete it within that time, the application shall be deemed denied. The Clerk shall issue a license valid for the period sought but for no longer than five days upon any single application in response to an application found to be complete and truthful after the Clerk receives from the applicant proof of the following:
That the Chief of Police of the Borough of Hasbrouck Heights or his designee has reviewed the application and has determined that the conduct for which a license is sought shall not cause any disturbance in the peace and good order of the neighborhood nor result in any detriment to the safety or welfare of the general public nor interfere with or create a hazard in respect to vehicular or pedestrian traffic; in the event that the application is found objectionable by the Chief of Police or his designee but such objection can be lawfully addressed by the applicant, the Chief of Police may nevertheless approve the application, subject to any reasonable condition to be performed at the sole cost and expense of the applicant as may be deemed necessary to eliminate such objection, and shall further estimate the cost of such condition and require that the Borough Clerk collect from the applicant an escrow in the sum of 150% of that estimated cost to secure the faithful performance of that condition by the applicant.
That the Zoning Enforcement Officer of the Borough certifies that the proposed conduct for which the license is sought conforms to the conditions of § 275-21I of this Code and will not interfere with the conduct or replace the principal use otherwise permitted of the subject premises.
That the applicant provides a comprehensive general liability policy issued to such person by a public liability insurance company authorized to do business in the State of New Jersey affording the coverage set forth below in the amount specified.
Such insurance policy shall name the Borough of Hasbrouck Heights, its agent, officers, servants, representatives and employees as additional insureds with respect to the undertaking in the following amounts:
The insurance coverage required by this section shall at all times be maintained in the full amount. The policy of insurance required by this section to be filed with the Clerk shall contain a clause obligating the company issuing the same to give not less than 30 days' written notice to the Borough Clerk before cancellation or amendment of any of the terms thereof. Notice of cancellation shall not relieve the company issuing such policy of liability for any injury or claim arising before the cancellation becomes effective. The cancellation of any such policy shall have the immediate effect of suspending the license of such person to film or tape covered thereby until a new policy complying with the provisions of this section is filed with the Clerk and a letter, in writing, confirming the new effective date of the license is issued by the Clerk.
The policy shall contain a provision for continuing liability thereunder to the full amount thereof notwithstanding any recovery thereon, that the liability of the insured shall not be affected by the insolvency or the bankruptcy of the insured and that until the policy is canceled the insurance company will not be relieved from liability on account of nonpayment of premium or of any act or omission by the named insured. Such policy of insurance shall be further conditioned for the payment of any and all judgments up to the limits of such policy.
That the person has filed with the Clerk an agreement to indemnify and hold harmless the Borough of Hasbrouck Heights, its agents, servants, representatives or employees for any or all claims damages, judgments, costs or expenses, including attorneys' fees, which they or any of them may incur or be required to pay because of any personal injury, including death, or property damage suffered by any person or persons as a result of or related in any way to the operation for which the license is issued.
The Borough Clerk is hereby empowered to revoke any license issued hereunder upon written notice personally delivered to the applicant or the subject premises, which notice shall set forth the grounds for such suspension, if the Clerk determines that the operation fails to comply with any of the requirements contained or referred to herein. If the applicant chooses to contest such suspension, the Mayor and Council shall hear such contest at its next regularly scheduled public meeting upon written notice thereof setting forth the grounds for the contest and delivered to the Borough Clerk no later than 10 days prior to that public meeting; the Mayor and Council shall thereupon hear and determine whether such suspension was appropriate, determine whether such suspension shall be continued and determine whether sufficient grounds exist to permanently revoke the license. The filming or taping after the suspension or revocation of its license is unlawful and every day that it is so conducted shall constitute a separate offense.
Any person violating any provision of this chapter shall, upon conviction, be subject to a fine not exceeding $100 for each offense or imprisonment for a period not exceeding 90 days, or both, at the discretion of the court imposing sentence pursuant to N.J.S.A. 40:49-5. Each day a violation occurs or is committed shall constitute a separate offense.