Borough of Seaside Heights, NJ
Ocean County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Seaside Heights 6-18-2003 by Ord. No. 03-19. Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 77.
Streets and sidewalks — See Ch. 203.
Vehicles and traffic — See Ch. 223.

§ 193-1 Definitions; determination by Special Events Coordinator; additional police protection.

[Amended 4-19-2017 by Ord. No. 17-10[1]]
A. 
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ADMINISTRATOR
The "Borough Administrator" appointed pursuant to § 5-4, Article II.
APPLICANT
The individual applying for a permit, who is legally authorized to bind the producer.
APPLICATION
The document created by the Administrator that must be completed and submitted to the Administrator by a producer or the producer's authorized representative, in order to request a permit.
BOROUGH
The Borough of Seaside Heights.
BROADCASTING
Transmitting or distributing a program or other information as by television, radio, the Internet or other medium.
CHANGE REQUEST
The document created by the Administrator that must be completed and submitted to the Administrator by a producer or the producer's authorized representative, in order to request a material change to a permit.
CODE
The Borough of Seaside Heights, Code of Ordinances.
DEPARTMENT OF PURVIEW
The Borough department that decides or recommends to the Administrator whether to allow an aspect of filming that is within the department's operational responsibilities.
ELEMENT
An activity that is listed in § 193-15 below.
ENTERTAINMENT INDUSTRY WORK
The production of motion pictures, television series, commercials, music videos, interactive games and animation, where the final product is intended to be commercially or publicly released and/or commercially or publicly distributed or broadcast.
EQUIPMENT
Includes but is not limited to, television, photographic, film or video cameras or transmitting television and radio equipment, including radio remotes, props, sets, lights, electric and grip equipment, dolly tracks, screens, or microphone devices, and any and all production-related materials. "Equipment" shall not include: a) handheld devices, as defined below; and b) vehicles that are used solely to transport a person or persons while engaged in the activity of filming or broadcasting from within such vehicle, operated in compliance with relevant traffic laws and rules.
FILMING
Taking or creating still or motion picture images, either on film, videotape, webcam, or digital recording medium, or the use and operation of television cameras or transmitting television equipment, including radio remotes and any preparatory activity associated therewith, where the final product is intended to be commercially or publicly released and/or commercially or publicly distributed for viewing on television, in movie theatres, on the Internet, or for institutional use. Filming includes the on-site/on-location preproduction activities associated therewith. Filming does not include activities performed as part of: 1) documenting current affairs; 2) producing newscasts; or location scouting.
HANDHELD DEVICES
Film, still or television cameras, video cameras or other equipment which are held in the photographer's or filmmaker's hand and carried at all times with the photographer or filmmaker during the course of filming. Handheld devices shall not include cables or any other item or equipment not carried by the photographer or filmmaker at all times during the course of photography, filming or transmission.
PERMIT
A document validly issued by the Administrator that authorizes filming or broadcasting and the elements contained therein, if any.
PRODUCER
An individual, organization, corporation or any other entity that is ultimately responsible for the filming or broadcasting that is the subject of the application and the permit.
PUBLIC PROPERTY
Real property and structures owned by the Borough or for which the Borough is a lessee, including, without limitation, parks, playgrounds, streets, sidewalks, other rights-of-way, buildings, docks, boardwalks, beaches. Public property shall also include real property and structures which are being leased by the Borough to a lessee.
RESIDENTIAL AREA
Areas zoned as residential, low-density residential, or single-family, or the areas of other zoning districts in which uses permitted by § 246-36, Residential Zone, are being carried on, pursuant to Chapter 246 of the Code.
SCOUTING
The act of viewing, assessing and photographing locations for filming or broadcasting during preproduction or production.
SPECIAL EVENT
Any activity including, without limitation, any walkathon, bikeathon, racing competition, biathlon, triathlon, block party, concert, parade, festival, art exhibition, or other organized group of 25 or more people having a common purpose or goal, proceeding upon any public property in the Borough. Special events shall include any event which will require use of a portion of Borough property for sole use by a person, people or an organized group to the exclusion of the general public.
TRAFFIC CONTROL PLAN
A drawing that is submitted with a request for a sidewalk, street-end, lane, street, boardwalk or beach closure that details the location of the closures, the alternative routes that will be utilized for the detoured vehicular and/or pedestrian traffic, and the mechanisms (including, without limitation, barricades and signage and the locations thereof) for implementing the closures and alternatives.
B. 
Determination of Special Events Coordinator. In the event that an application is received by the Special Events Coordinator which in the judgment of the Special Events Coordinator may not be required pursuant to this chapter, the Special Events Coordinator shall then consult with the Borough Administrator to determine whether the application must be completed or returned to the applicant unprocessed.
C. 
Additional police protection. If the Seaside Heights Chief of Police determines that additional police protection/manpower is necessary to maintain peace and good order and control traffic and spectators at the site of a special event or filming event, the cost thereof determined by the Chief of Police shall be paid by the applicant in accordance with § 166-6 of Chapter 166 of the Code. The applicant shall execute an agreement with the Borough setting forth the terms and conditions of the arrangement.
[1]
Editor's Note: This ordinance also changed the title of this chapter from "Special Events" to "Special Events and Filming Permits."

§ 193-2 Application to conduct event.

[Amended 3-21-2012 by Ord. No. 12-02]
An application to conduct such special event shall be submitted to the Special Events Coordinator together with an application fee, in writing, by the person or persons in charge or responsible therefor. Such application shall set forth the following information:
A. 
The name, address and telephone number of the person requesting the special event permit. The person requesting the permit shall be deemed the contact person for the event unless otherwise specified. If a second person is specified as the contact person for the event, then that person's name, address and telephone number shall also be provided.
B. 
The name and address of the organization or group the applicant is representing.
C. 
The name, address and telephone number of the person or persons who will act as chairman of the special event and be responsible for the conduct thereof. If said person shall be the same as the contact person, same must be specified.
D. 
The number of agents or representatives of the organization hosting the special event who will be present at the time of and during the special event shall be provided. Names of such agents and representatives shall be provided. Some identifying clothing or accessory, such as name tags, shall be worn by each representative or agent so as to make such persons readily identifiable. The Special Events Coordinator shall approve any such clothing or accessory as sufficient to identify event personnel.
E. 
The activities planned for the event, the estimated number of persons to participate and/or attend, and the number and types of vehicles (if any) to participate.
F. 
The method of notifying participants and invitees of the rules and regulations governing the special event, if appropriate.
G. 
The date the event is to be conducted and the hours it will commence and terminate.
H. 
The specific assembly and dispersal locations, the specific route and the plans, if any, for assembly and dispersal.
I. 
Whether any music will be provided, either live or recorded.
J. 
The number, types and locations of all loudspeakers and amplifying devices to be used.
K. 
Such other information as the Special Events Coordinator may deem necessary in order to properly provide for traffic control, street and property maintenance and the protection of the public health, safety and welfare.

§ 193-3 Supplemental information for parades.

A. 
A person seeking issuance of a parade permit shall file a supplemental application with the Special Events Coordinator. Said application shall be in addition to the general special events application required pursuant to Subsection A.
B. 
An application for a parade permit shall be filed with the Special Events Coordinator not less than seven nor more than 30 days before the date on which it is proposed to conduct the parade.
C. 
The application for a parade shall set forth the following additional information:
(1) 
The route to be traveled, the starting point and the termination point.
(2) 
The approximate number of persons, animals and vehicles that will constitute such parade; the type of animals and description of the vehicles.
(3) 
The hours when such parade will start and terminate. This information shall be in addition to the information provided above which shall indicate the start and end times of the entire event. The answer to this question shall specify the actual time for the duration of the parade itself to the exclusion of any pre or post activities.
(4) 
A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed.
(5) 
A listing of locations by streets of any pre-parade assembly areas for such parade and the time at which units of the parade will begin to assemble at any such area or areas. For purposes of the public health, safety and welfare, these times must be specific and rounded to the quarter hour. The general time of the parade route shall not include the assembly time. For each street upon which assembly will occur, a separate time must be provided, as well as an estimated time of departure from that street to begin the parade. By providing times, the applicant for a parade permit is acknowledging that the parade is scheduled to move from the point of origin to its point of termination expeditiously and without unreasonable delays en route.
(6) 
The interval of space to be maintained between units of such parade.
(7) 
Any additional information which the Special Events Coordinator shall find reasonably necessary for a fair determination as to whether a permit should issue and any information necessary to secure the public health, safety and welfare.
(8) 
If the parade will use or traverse any state or county road or highway within the Borough of Seaside Heights, the application shall be accompanied by a written consent or other written authorization to hold such parade on the date and the time requested, issued by the public agency or body having jurisdiction and control over said road or highway.
D. 
The Special Events Coordinator shall have the authority to consider any application hereunder which is filed less than seven days before the date such parade is proposed to be conducted and may, at his or her discretion, waive the requirement for certain information if found to be unnecessary based on the application.

§ 193-4 Issuance or denial of permit.

Once a completed application is submitted, the Special Events Coordinator shall review the application. Once the Special Events Coordinator has completed his or her review of the application, he or she shall make a recommendation to the governing body. Upon consideration of the recommendation of the Special Events Coordinator, if the governing body shall find that the special event is not to be held for any unlawful purpose and will not in any manner endanger the public health, safety and welfare or unnecessarily interfere with the public use of the streets and sidewalks, the governing body may approve the application. After giving consideration to the recommendations of the Special Events Coordinator, the final determination as to whether or not a permit shall be issued shall be made by the governing body.

§ 193-5 Consideration of application; time of consideration by governing body.

All completed special event applications shall be presented to the governing body by the Special Events Coordinator at the meeting next following the filing of the completed application. The Special Events Coordinator may exercise reasonable discretion in holding an application from consideration if the Special Events Coordinator determines that an informed decision cannot be made by the governing body without first obtaining additional essential information.

§ 193-6 Conditions contained in permit.

Any permit granted under this chapter may contain conditions reasonably calculated to reduce or minimize dangers and hazards to vehicular or pedestrian traffic and the public health, safety and welfare, including, but not limited to, changes in time, duration or number of participants. In all cases, the following shall apply:
A. 
The conduct of the special event will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route or location.
B. 
The conduct of the special event will not require the diversion of so great a number of police officers of the Borough to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the Borough.
C. 
The conduct of such special event will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the Borough other than those to be occupied by the proposed line of march and areas contiguous thereto.
D. 
The concentration of person, animals and vehicles at assembly points of the special event will not unduly interfere with proper fire and police protection of or ambulance service to areas contiguous to such assembly areas.
E. 
The conduct of such special event will not interfere with the movement of fire-fighting equipment en route to a fire.
F. 
The conduct of the special event is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance.
G. 
All directional signs erected in connection with the special event shall be removed within 24 hours of the termination of the event.

§ 193-7 Closing of streets.

Pursuant to N.J.S.A. 40:67-16.9, for the purpose of carrying out the preceding sections of this chapter, the governing body authorizes the Mayor to provide, by regulation, for the closing of any Borough-owned street, or portion thereof, to motor vehicle traffic on any day or days or during specified hours on any day or days whenever he/she finds that such closing is necessary for the preservation of the public safety, health or welfare. Any regulations promulgated by the Mayor pursuant to the authority of this section shall provide for the posting of proper warning signs of such closing of any street, or portion thereof, during the time same is closed. If any county-owned street needs to be closed in connection with the special event, it shall be the responsibility of the applicant to obtain the approval for the same from the county prior to the commencement of the special event. Proof of such approval shall be provided prior to the commencement of the special event. However, the governing body may, in its discretion, approve an application contingent upon the providing of such proof.

§ 193-8 Certificate of insurance; indemnification; exemption.

[Amended 5-19-2004 by Ord. No. 04-07]
A. 
All applicants must provide a certificate of insurance specifically naming the Borough of Seaside Heights as an additional insured providing general liability, bodily injury and property damage coverage with minimum limits of liability not less than $1,000,000.
B. 
The applicant shall agree to indemnify, defend and hold harmless the Borough, its agents, servants, representatives and employees, from and against all losses, damages, claims, liabilities and causes of action of every kind, or character and nature, as well as costs and fees, including reasonable attorneys' fees connected therewith, and the expense of investigation thereof, based upon or arising out of damages or injuries to third persons or their property caused by the acts, omissions or negligence of the applicant, anyone for whose acts the applicant may be liable, or any claims arising out of or in any manner relating to the activities permitted pursuant to this chapter to the extent permitted by law. The applicant shall give the Borough prompt and reasonable notice of any such claims or actions.
C. 
Any applicant that is insured by the Ocean County Joint Insurance Fund shall be exempt from the requirements listed in § 193-8A and B above. If an organization other than the applicant will be using Borough property in connection with participation in a particular event and no separate application is submitted by that organization, the organization must comply with the requirements listed in § 193-8A and B above. If the additional organization(s) is also insured by the Ocean County Joint Insurance Fund, then that organization shall also be exempt from the requirements listed in § 183-8A and B above.

§ 193-9 Purpose and intent.

[Added 4-19-2017 by Ord. No. 17-10]
A. 
The intent of the Borough in adopting this filming and broadcasting chapter is to facilitate entertainment industry work performed in the Borough while safeguarding the interests of Borough residents and businesses. The chapter delegates responsibility for processing applications and permits within the Department of Administration under the direction and supervision of the Administrator which will be dedicated to responding to the needs and issues pertaining to entertainment industry work. The chapter simplifies the permitting requirements associated with filming and broadcasting by enabling entertainment industry professionals to obtain required Borough approvals through the Department of Administration rather than through numerous individual departments. It strengthens the Borough's ability to anticipate and provide adequate services for single or multiple filming or broadcasting projects throughout the Borough. It also enhances the Borough's ability to accommodate unanticipated circumstances and requested changes.
B. 
The Administrator and the Department of Administration similarly will respond to the needs of Borough residents and businesses regarding entertainment industry work. Although filming and broadcasting can bring positive exposure and economic benefits to a community, in many instances these activities can have negative side effects, unrelated to the subject matter or expressive content of the film or broadcast, that can seriously disrupt peace and good order or impose unanticipated costs on the Borough, particularly the additional police protection, emergency medical services, and Public Works Department services and resources often required.
C. 
Some of these negative side effects include: the presence of trucks and trailers to store equipment and house cast, creating traffic and parking problems; the attractive nuisance created by the filming, which can attract crowds of onlookers; excessive noise and lighting; the erection and placement of filming equipment, which can obstruct public rights-of-way and other areas; activities extending well into the late nighttime or early morning hours, disturbing neighbors' peace and quiet enjoyment; the necessity of a constant police presence to keep the site secure and maintain order; and disorderly activities committed by either crew or cast members, or visitors to the site.
D. 
These undesirable effects are particularly acute in residential neighborhoods, where residents have a legitimate and legally protectable right to be free from unwanted and unnecessary intrusions into the peace and sanctity of their homes.
E. 
Both the federal and state judiciaries have repeatedly reaffirmed that the protection of the well-being, tranquility, and privacy of the home, and the quality of life and aesthetic character of neighborhoods, is a legitimate governmental interest justifying reasonable time, place, and manner restrictions on expressive activities, including filmmaking and broadcasting.
F. 
This chapter is intended to advance that interest and control the undesirable effects of filmmaking and broadcasting while advancing the Borough's commitment to being a community to work, live, and visit.

§ 193-10 Borough Administrator and Department of Administration as resource and liaison.

[Added 4-19-2017 by Ord. No. 17-10]
A. 
The Borough Administrator and Department of Administration shall be responsible for responding to the needs and issues pertaining to entertainment industry work.
B. 
The Administrator and Department of Administration will serve as a resource for the Borough's residents and businesses, providing information upon request about current or scheduled filming, helping to resolve problems that arise from entertainment industry work, and acting as a liaison between residents, businesses and the entertainment industry to address inconvenience experienced generally and with regard to a specific project. The Administrator and his office will also serve as an ambassador to the entertainment industry, providing information, answering questions, helping to resolve challenges and facilitating the industry's work in the Borough. The office will implement other mechanisms that enhance the experience of all people performing and effected by entertainment industry work, which may include an informational web page and online permitting. While permits are required for entertainment industry work that occurs on public property only, the Administrator and Department of Administration will be a resource and liaison for all entertainment industry work, including work that occurs on private property.

§ 193-11 Permits for filming and broadcasting.

[Added 4-19-2017 by Ord. No. 17-10]
A. 
Any producer that wishes to perform entertainment industry work, including filming or broadcasting, on public property or in a residential area under a waiver must first obtain a permit.
B. 
Permits are issued under the authority of the Administrator on behalf of the Borough Council.
C. 
Permits are issued to the producer.
D. 
A permit is required for each location where filming or broadcasting will take place.
E. 
All permit applications will be processed on a "first come, first served" basis. If two or more permit applicants request the same date and the same location, the filming or broadcasting application that was received first shall be first eligible for approval.
F. 
Duration of permits. Permits shall be valid for a minimum of one day and a maximum of 30 days calculated from the date of issuance. Longer filming or broadcasting periods require additional permits and payment of the established application and permit fees.
G. 
A permit will specify the filming or broadcasting that may occur at a particular location at a particular time. The permit will authorize element(s) to be performed as part of the filming or broadcasting provided that the elements have been approved by the Administrator after consultation with the department of purview.
H. 
Where the application includes a request to close all or any portion of a Borough street, lane and/or sidewalk, dock, beach or boardwalk, the request shall be evaluated under and the closure must comply with all pertinent sections and subsections of this chapter applicable to the filming or broadcasting at issue.
I. 
A producer that receives a permit is responsible for knowing and complying with all other laws, including other ordinances and regulations that establish prerequisites, authorizations and other required permissions applicable to the filming.
J. 
Where permitted filming or broadcasting includes advertising signs or other displays of commercial speech, the signs and/or displays must be removed upon the expiration of the permit.
K. 
Notwithstanding any other part of this Code, any producer that performs filming or broadcasting without receiving a permit, violates the material terms of a permit, or is otherwise in violation of this entertainment filming and broadcasting ordinance, shall be subject to the provisions of § 193-22.
L. 
Notice. Applicants are required to provide written notice to any residents, businesses, and merchants located within a three-block radius of the site. The notice shall state the location and approximate duration, and describe the nature and extent of the filming or broadcasting. The notice shall be provided no later than the date and time contained in the permit. The applicant shall provide the Administrator proof that notice was provided within 24 hours of the notice date and time.
M. 
Hold harmless/indemnification. Applicants must agree in writing to hold harmless and indemnify the Borough and its officials, employees, and agents for any and all claims, liabilities, judgments, and damages, including reasonable attorneys' fees and costs of suit, resulting from death, bodily injury, or property damage arising out of or in any way connected with their filming or broadcasting activities.
N. 
Additional police protection. If the Seaside Heights Chief of Police determines that additional police protection/manpower is necessary to maintain peace and good order and control traffic and spectators at the site of a special event or filming event, the cost thereof determined by the Chief of Police shall be paid by the applicant in accordance with § 166-6 of Chapter 166 of the Code. The applicant shall execute an agreement with the Borough setting forth the terms and conditions of the arrangement.
O. 
The Administrator and the departments of purview shall compile and maintain rules and guidelines applicable to the use of public property for filming or broadcasting, including the elements that are part of the filming or broadcasting, and shall apply those rules and guidelines equally regardless of the subject matter of the filming or broadcasting and/or the content of the speech therein.
P. 
While it is the intent of the Borough to honor each permit, the issuance of such permit shall not grant the producer a constitutionally protected property interest.

§ 193-12 Exemption from filming or broadcasting permit requirement.

[Added 4-19-2017 by Ord. No. 17-10]
A. 
The following types of filming and broadcasting are exempt from the permitting requirement of § 193-11 above. This provision does not exempt a producer from complying with other applicable code provisions, laws, ordinances or regulations that require elements or other activities included in the filming or broadcasting to be permitted or approved by the appropriate governmental entity.
(1) 
First Amendment activity.
(a) 
Filming or broadcasting associated with any permitted or unpermitted parade, rally, protest or demonstration, except when the same is staged for the sole purpose of being included in the filming's final product.
(b) 
Filming or broadcasting associated with any permitted or unpermitted parade, rally, protest or demonstration, except when using vehicles or equipment.
(c) 
Filming or broadcasting associated with an outdoor event that is authorized by a Borough-issued outdoor special event permit, as defined in this chapter, except when the same is staged for the sole purpose of being included in the film's or broadcast's final product.
(2) 
Other than First Amendment activity.
(a) 
Coverage of news or matters of public importance by print, broadcast, or electronic media.
(b) 
Filming of limited duration intended primarily for personal, documentary, or promotional purposes that does not involve a movie studio or production company.
(c) 
Filming or broadcasting occurring on public property involving the use of handheld devices as defined by § 193-1.
[1] 
If such activity does not involve the assertion by any means of exclusive use of all or any section of the public property.
[2] 
For purposes of this subsection, standing on public property while using a handheld device and not otherwise asserting exclusive use by any means is not activity that requires a permit.

§ 193-13 Press passes.

[Added 4-19-2017 by Ord. No. 17-10]
The use of a press pass issued by the Seaside Heights Police Department or Department of Administration where an individual is acting in furtherance of the activity authorized by such press pass, and is engaged in filming or broadcasting as defined in these rules, does not require that a permit be obtained pursuant to this chapter.

§ 193-14 Location restrictions.

[Added 4-19-2017 by Ord. No. 17-10]
A. 
Residential areas. Filming and/or broadcasting is prohibited in any residential area unless the Administrator grants a waiver.
B. 
Exceptions. The prohibition in Subsection A above does not apply to:
(1) 
Coverage of news or events of public importance by print, broadcast, or electronic media.
(2) 
Filming or broadcasting of limited duration, intended for personal, documentary, or promotional purposes, conducted primarily or exclusively in the interior or immediate exterior of a residential dwelling, that does not involve a movie studio or production company.

§ 193-15 Filming and broadcasting elements.

[Added 4-19-2017 by Ord. No. 17-10]
A. 
An applicant shall indicate on the application each of the elements listed below that will be included in the filming or broadcasting. The final decision of whether to allow the element shall be made by the Administrator after consultation with the department of purview. Prior to denying permission to perform an element, the Administrator and a representative from the department of purview shall consult with the producer in an attempt to find alternative ways to accommodate the producer's filming needs.
B. 
This section applies to the activities listed below only when they occur on public property. Where the element requires approval from an additional governmental jurisdiction, the producer must obtain that approval as well. The elements are as follows:
(1) 
Nighttime filming or broadcasting with the use of outdoor lighting where a residence exists within 150 feet from the location of an outdoor light;
(2) 
Filming or broadcasting in buildings that are owned by the Borough or leased to a third party by the Borough, or in buildings of which the Borough is a lessee;
(3) 
Use of public property that is owned, leased or maintained to or by the Borough;
(4) 
Use of a temporary structure that requires permitting by any local, county, state or federal agency;
(5) 
Use of intellectual property belonging to the Borough, Seaside Heights Tourist Development Commission, or the Seaside Heights Business Improvement District;
(6) 
Closure of all or any section of a street, lane and/or sidewalk, dock, beach or boardwalk;
(7) 
Use of pyrotechnics or other explosives;
(8) 
Use of smoke effects, water effects, or flame effects;
(9) 
Display of real or artificial fire arms, grenades, or other weapons that would cause the public to fear violence;
(10) 
Vehicle chases and/or vehicle crashes;
(11) 
Dangerous stunts that have a reasonable likelihood of causing substantial personal injury;
(12) 
Use of large or any other equipment that has a reasonable likelihood of causing damage to public property;
(13) 
Filming or broadcasting in a Borough park or from a Borough beach or boardwalk; and
(14) 
Use of wild animals controlled under federal, state, or county law and/or ordinances.

§ 193-16 Processing of permit applications.

[Added 4-19-2017 by Ord. No. 17-10]
A. 
A producer that wishes to perform filming or broadcasting must submit to the Administrator a completed application and the application fee set forth in § 193-21 below. Where the producer is an organization, corporation or other entity, the application must be signed and submitted by an individual authorized to bind the producer.
B. 
The application shall include, but not be limited to, the following:
(1) 
The filming or broadcasting project name;
(2) 
The name and contact information of the applicant, including postal address, email address, and telephone number;
(3) 
A valid photo identification of the applicant;
(4) 
The name and contact information of the producer (if the applicant is not the producer);
(5) 
The dates, times and locations of the filming or broadcasting for which a permit is being requested, and a general description of the filming or broadcasting activity that will occur at each location;
(6) 
A description of any elements that may be performed during the filming or broadcasting, including the dates, times and locations of each;
(7) 
A description of any aspects of the filming or broadcasting, other than the elements, that may require Borough services;
(8) 
A description of any assistance the producer may need from the Administrator and Department of Administration, and/or concerns that the producer wants the Administrator and Department of Administration to be aware of; and
(9) 
Where the producer is a student, an official letter or document from her/his school confirming that s/he is currently enrolled there. In addition, the student must appear in person at the Department of Administration and present her/his current student identification card and a valid driver's license. Where the student does not have a driver's license, s/he may present a different form of identification that includes her/his photo.
C. 
There is no deadline by which a permit application must be submitted to the Administrator; however, where a permit application includes a request for a street or beach or boardwalk closure, the closure portion of the application will not be approved unless it is received at least 10 business days prior to the closure.

§ 193-17 Permit denials.

[Added 4-19-2017 by Ord. No. 17-10]
A. 
The Administrator may deny an application if the Administrator reasonably determines that one or more of the below-listed conditions exists. Prior to denial, the Administrator shall make reasonable efforts to consult with the producer in an attempt to resolve issues of concern and/or find alternative ways to accommodate the producer's filming or broadcasting needs.
(1) 
The filming or broadcasting poses an unreasonable risk of personal injury or property damage to people or property not associated with the filming or broadcasting;
(2) 
The filming or broadcasting poses an unreasonable risk of damage to public property;
(3) 
Filming or broadcasting would unreasonably interfere with the use and enjoyment of adjoining properties;
(4) 
Filming or broadcasting would unreasonably impede the free flow of vehicular or pedestrian traffic;
(5) 
The location sought is not suitable because the proposed use cannot reasonably be accommodated in the proposed location;
(6) 
The applicant is unlikely to comply with the material terms of the requested permit;
(7) 
Filming or broadcasting would endanger the public's health, safety, or welfare, or otherwise create a public nuisance;
(8) 
Filming or broadcasting would negatively affect residents' quality of life;
(9) 
Filming or broadcasting would negatively impact local businesses;
(10) 
Filming or broadcasting would unduly strain Borough resources;
(11) 
Noncompliance with the provisions of this chapter;
(12) 
Other municipalities' experience with the applicant's activities;
(13) 
The cast or crew's prior criminality;
(14) 
The date and time requested for a particular location conflicts with previously issued permits or permissions for filming, broadcasting, outdoor events, or other activities;
(15) 
Use of the location, or use of the location during the date or time requested, would unreasonably interfere with the operation of Borough functions, especially between Memorial Day weekend and Labor Day weekend;
(16) 
Use of the location or the proposed activity at the location would violate a law, ordinance, statute or regulation, regardless of whether the illegal activity is part of the message or content of the filming. A permit shall not be denied based upon simulation of an illegal activity where the actual illegal activity is not being performed;
(17) 
The producer owes an outstanding debt to the Borough;
(18) 
The producer previously caused significant damage to public property and, at the time of submitting the application under consideration, failed to adequately repair the damage or pay in full the Borough's invoice for damage repair and restoration of services;
(19) 
The producer previously violated this chapter, including without limitation by violating a material condition and/or restriction of a permit;
(20) 
The applicant made a material misrepresentation or gave incorrect material information on the application.
B. 
Where the Administrator reasonably determines that one or more of the conditions set forth above exists and that the application should therefore be denied, the Administrator shall issue a written communication to the applicant that includes an explanation for the denial.
C. 
In the event that permission to perform an element is denied, the Administrator will process the remainder of the application and grant all other aspects of the filming or broadcasting for which the requirements have been met.
D. 
In no event shall the Administrator's or any Borough employee's evaluation of whether to grant or deny the application, including any of the elements, include consideration of: a) the race, color, creed, religion, gender, age, disability, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, political affiliation or associational relationships of the applicant, producer or any person associated with the filming; or b) the message or content of the filming.

§ 193-18 Appeal.

[Added 4-19-2017 by Ord. No. 17-10]
A. 
Grounds for appeal. An aggrieved applicant may appeal the denial of a permit, or the imposition of any conditions imposed thereon, in accordance with the procedures set forth below.
B. 
Time for appeal. The appeal must be submitted in writing to the Administrator no later than seven business days following the decision denying or conditionally approving the permit.
C. 
Appeal panel. The appeal will be reviewed by the Seaside Heights Borough Council. The appeal will be adjudicated based on the written submission of the applicant.
D. 
Standard of review.
(1) 
The denial of a permit, or the imposition of any conditions thereon, may be overturned only upon a showing by clear and convincing evidence that the filming or broadcasting will not produce any of the negative effects upon which the original denial was based.
(2) 
The denial of a permit pursuant to § 193-17 may be overturned only upon a showing by clear and convincing evidence that the filming or broadcasting:
(a) 
Will not result in the negative effects identified in §§ 193-9 and/or 193-17;
(b) 
Will be completed in less than three days;
(c) 
Will take place largely in the interior of a residential dwelling;
(d) 
Will not violate any applicable Borough zoning ordinance; and
(e) 
Will comply with all other provisions of this section.
E. 
Decision on appeal. The Seaside Heights Borough Council shall issue a written decision affirming, reversing, or modifying the original determination no later than 30 days following the filing of the appeal.

§ 193-19 Responsibilities of producer once permit is obtained.

[Added 4-19-2017 by Ord. No. 17-10]
A. 
A producer or producer's designee must have the permit on site at the time and location of the filming or broadcasting, and must also have on site any other permits required for that location by the Borough or any other governmental agency.
B. 
A producer must confine filming to the locations, times, guidelines and conditions specified in the permit and must abide by all other material terms of the permit.
C. 
Permits are not transferable.
D. 
A producer must clean and repair the filming location, and restore it to the condition it was in immediately prior to the filming, unless otherwise agreed upon in writing by the Administrator and the producer. The Administrator will inspect the filming location after the filming is completed to ascertain whether this requirement has been met. Where a producer fails to fulfill this requirement, the Administrator will bill the producer for the cleaning, repair and/or restoration costs borne by the Borough, and the producer must pay the invoice in full within 30 days of receipt.
E. 
Permits shall require the producer to notify the Administrator immediately upon learning of any emergency event regarding or arising from the filming or broadcasting that involves the media, the police or fire departments or emergency medical services.
F. 
Vehicle parking. Only vehicles with permits issued by the Seaside Heights Police Department will be allowed to park in areas designated for the rigging or shooting activity at the time(s) and location(s) described in the applicable permit.
G. 
Dolly track or other equipment. No dolly track or other equipment may be laid across a street or block a fire lane without prior approval of the Administrator and the Seaside Heights Police Department.
H. 
Pyrotechnics. The use of pyrotechnics, fire effects and explosions, including simulated smoke and smoke effects, shall be conducted only upon authorization by the New Jersey Division of Fire Safety or other approval agencies and subsequent approval shall be obtained from the Administrator prior to shooting.
I. 
Animals. The use of wild animals shall be used only upon authorization by the appropriate New Jersey department or agency, and subsequent approval shall be obtained from the Administrator prior to shooting.
J. 
Potentially dangerous activities. Conduct or activities associated with rigging or shooting permits which are determined by the Administrator to cause a potential danger to persons or property will be referred by the Administrator for approval by the Seaside Heights Police Department or other governmental agency having jurisdiction over such activity. Such activities shall include, but not be limited to, the use of stunts, helicopters, firearms or simulated firearms.
K. 
Trees and plantings. Trimming, damaging, removing or cutting trees or vegetation on public property is prohibited without the prior approval of the Administrator.
L. 
Street structures. No street signs, lights, postal boxes, parking meters or any other permanent street structure may be removed or altered without the prior approval of the Administrator and/or local, state or federal agencies charged with maintaining such structures.
M. 
Production location access. If determined by the Administrator to be appropriate, permittees shall submit a mitigation plan for minimizing the potential inconvenience to residents and/or businesses caused by rigging or shooting activities.
N. 
Food services. There shall be no sit-down catered meals permitted on public streets or sidewalks.
O. 
Code of conduct. The Administrator shall issue a location code of conduct that addresses the importance of considerate behavior on the set of all rigging and shooting activities. The permittee is responsible for providing a copy of the code of conduct to the cast and crew of each permitted rigging or shooting activity. Permittees shall be required to encourage participants in the permitted event to act in accordance with such code.
P. 
A producer is responsible for:
(1) 
Knowing and complying with all Borough ordinances and other laws applicable to the filming or broadcasting and to the other activities arising from the producer's permit; and
(2) 
Requiring and using commercially reasonable efforts to enforce the requirement that any person working for or at the direction of the producer (including without limitation contractors) complies with all Borough ordinances and other laws applicable to the filming or broadcasting and to the other activities arising from the permit.
Q. 
The requirements of § 193-20P(2) above shall include without limitation that the producer is responsible for obtaining any and all permissions, licenses or other required authorizations for use of intellectual property, including intellectual property which is on public property but is not owned by the Borough.
R. 
Notwithstanding issuance of permit pursuant to this article, a producer is prohibited from acting or claiming to act as a representative or agent of the Borough or Administrator, and from indicating Borough endorsement of the filming or broadcasting, except as otherwise agreed to in writing by the Administrator. This provision shall not prohibit the producer's use of the Borough logo in the filming credits.
S. 
The Administrator shall require that notification be given to residents and businesses within a three-block radius of a location for which a permit has been issued. The Administrator may provide the notification, may require the producer to provide the notification, or may utilize a different mechanism for providing notification. The notification must state that a filming or broadcasting permit has been issued, and must include the date(s), time(s), location(s) and activities that are authorized by the permit. The Administrator shall determine the most effective means and timing of notification based upon factors such as the type of impact that the filming or broadcasting will have on the neighborhood, the time between receipt of the application and commencement of the filming or broadcasting, the producer's budget and previous communications from a neighborhood regarding notification preferences.

§ 193-20 Other permit requirements.

[Added 4-19-2017 by Ord. No. 17-10]
After a permit has been approved by the Administrator, it will be issued once the following have occurred:
A. 
The producer signs an indemnification provision on the permit whereby the producer agrees to indemnify the Borough and its officials and employees from all claims, losses and expenses, including attorneys' fees and costs, that may arise from the permit and any of the activities performed pursuant to the permit by, on behalf of, or at the direction of the producer, except to the extent that that claims, losses and/or expenses are caused by the negligence or intentional misconduct of the Borough, its officials and/or employees;
B. 
The producer signs a provision agreeing to comply with all applicable environmental laws, including an agreement not to allow legally prohibited contaminants from entering the sewage and stormwater drainage systems serving the area where the filming or broadcasting will occur. The producer must sign a separate indemnification clause, such as the one described in Subsection A immediately above, that pertains specifically to environmental breaches and includes without limitation the fines and cleanup costs associated therewith;
C. 
The producer obtains insurance coverage in an amount determined by the Borough's risk manager, covers the Borough as an additional insured on the policy, and provides proof of the coverage in a manner established by the Borough's risk manager;
D. 
The producer pays the permit fee and any other applicable fees set forth in § 193-21 below.

§ 193-21 Fee schedule.

[Added 4-19-2017 by Ord. No. 17-10]
A. 
The Borough Clerk shall collect all applicable fees arising pursuant to this chapter. These fees are set forth below, and in other sections of the Code pertaining to the cost of services or goods provided by other Borough departments.
(1) 
Nonrefundable application fee. A filming or broadcasting permit application must be accompanied by a nonrefundable application fee in the amount set forth below. An application shall not be deemed complete until the application fee is received by the Borough Clerk.
(a) 
Except for students: $300.
(b) 
For students: $25.
(2) 
Filming or broadcasting permit fee. A permit authorizes all filming or broadcasting for a particular project during a calendar month, regardless of the number of filming or broadcasting locations. A permit is valid through the last day of the calendar month and may be renewed for additional calendar months.
(3) 
Standard permit fee. The following fees apply when the completed permit application is submitted to the Administrator more than three business days prior to the effective date of the permit:
(a) 
For original filming or broadcasting permit, except for students: $300.
(b) 
For each renewal permit, except for students: $300.
(c) 
For students, valid for length of filming project: $25. Monthly renewals not required.
(4) 
Rush permit fee. Where a completed filming or broadcasting permit application is submitted to the Administrator three or fewer business days prior to the intended effective date of the permit, the producer must pay the standard permit fee plus the rush fee set forth below in this subsection. Additionally, where a producer submits an application more than three business days prior to the intended effective date of the permit, the producer voluntarily may pay the standard permit fee plus the rush fee in order to have the application processed within three or fewer business days.
(a) 
Except for students: $300.
(b) 
For students: $25.
(5) 
Cancellation fee. Except as set forth in § 193-21A(6) below, a filming or broadcasting permit fee is nonrefundable.
(6) 
A filming or broadcasting permit fee is refundable if cancellation is required because of extraordinary circumstances for which the producer is not responsible and which are not within the producer's control. Inclement weather, except for declared states of emergency, and common illness shall not be deemed extraordinary circumstances.
(7) 
Traffic control plans. Entertainment industry work performed at certain locations will require a traffic control plan. The Administrator is authorized but not required to offer the service of preparing traffic control plans associated with entertainment industry work. The cost of having the Administrator prepare a traffic control plan is as follows:
(a) 
For nonstudents:
[1] 
Traffic control plan for lane and/or sidewalk closure(s) only: $250.
[2] 
Traffic control plan for street closure(s) only: $400.
[3] 
Traffic control plan for street closure(s) plus lane and/or sidewalk closure(s) (where the lane and/or sidewalk is not part of or abutting the street being closed): $600.
(b) 
For students, any type of traffic control plan: $25.
B. 
The Administrator's preparation of a traffic control plan will include submitting the plan to the Seaside Heights Police Department for review, and editing the plan as needed to meet the requirements of the Police Department.
C. 
The producer is not required to have the Administrator prepare the traffic control plan, and there will be no penalty against or differential treatment of any producer who has the plan created by a person or entity other than the Administrator.
D. 
Street closures permits — minimum notice. A full street closure will not be permitted unless the application or change request is submitted at least five business days prior to the closure.
E. 
Rush fees may not be utilized for full street closure requests.

§ 193-22 Violations and penalties.

[Added 4-19-2017 by Ord. No. 17-10]
A. 
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,250, by imprisonment not to exceed 90 days or by community service of not more than 90 days or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
B. 
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.