[HISTORY: Adopted by the Board of Commissioners
of the Township of Nutley 11-7-2001 by Ord. No. 2704 (Ch. 110 of the 1978
Code). 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 theatres or for institutional
uses, and shall include any and all of the activities associated therewith.
The provisions of this chapter shall not be deemed to include the
filming of news stories within the Township of Nutley.
A "major motion picture" shall be defined as any film which
is financed and/or distributed by a major motion-picture studio, including
but not limited to the following:
Any and every public street, highway, sidewalk, square, building,
public park or playground, municipal buildings, Board of Education
facilities or any other public place within the Township which is
within the jurisdiction and control of the Township of Nutley.
A.
No person or organization shall film or permit filming
on public or private property within the Township of Nutley without
first having obtained a permit from the Code Enforcement Office of
the Township of Nutley, 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. No permit shall authorize filming
for more than three consecutive days in any one location, and in no
event shall filming at one location within the Township exceed a total
of six days in any one calendar year, regardless of the number of
permits utilized in reaching this six-day maximum. This six-day limitation
may be extended only if the filming requested constitutes a major
motion picture as defined by this chapter. Said permit must be readily
available for inspection by Township officials at all times at the
site of the filming. The Code Official may extend the six-day maximum
after reviewing the impact of the filming with the Police Department
and the Fire Department and with the approval of the Director of Public
Safety.
B.
All permits shall be applied for and obtained from
the office of the Code Enforcement Office during normal business hours.
Application for such permits shall be in a form approved by the Director
of Public Safety and be accompanied by a permit fee in the amount
established herein.
C.
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 Code Enforcement Office 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 Code Enforcement
Office unless applied for prior to five days before the requested
shooting date; provided, however, that the Code Enforcement Office
may waive the five-day period if, in the judgment of the Code Enforcement
Officer, the applicant has obtained all related approvals; the Police
Department has reviewed the application and provided no objections
thereto and any recommendations by them be complied with; the Fire
Department has reviewed the application and provided no objections
thereto and any recommendations by them be complied with; and has
further determined that adjacent property owners or tenants consent
or do not need to be notified.
B.
No permit shall be issued for filming upon public
property unless the applicant shall provide the Township with satisfactory
proof of the following:
(2)
An agreement, in writing, whereby the applicant agrees
to indemnify and save harmless the Township of Nutley from any and
all liability, expense, claim or damages resulting from the use of
public property.
(3)
The posting of a cash bond of $5,000 or a maintenance
bond of $5,000 running in favor of the Township and insuring that
the location utilized will be left, after filming, in a satisfactory
condition free of debris, rubbish and equipment and that due observances
of all Township ordinances, laws and regulations will be followed.
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 applicant agrees to the hiring of an off-duty
Nutley police officer, Fire Inspector or Code Official for the times
indicated on the permit at the rates then in effect pursuant to collective
bargaining between the Township and relevant bargaining unit.
C.
Additional requirements.
(1)
The holder of the permit shall take all reasonable
steps to minimize interference with the free passage of pedestrians
and traffic over public property and shall comply with all lawful
directives issued by the Nutley Police Department, Nutley Fire Department
and Code Enforcement Office with respect thereto.
(2)
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.
(3)
The holder shall avoid any interference with previously
scheduled activities upon public property and limit, to the extent
possible, any interference with normal public activity on such public
property.
(4)
Where the applicant's production activity, by reason
of location or otherwise, will directly involve and/or affect any
businesses, merchants or residents, these parties shall be given written
notice of the filming at least three days prior to the requested shooting
date and be informed that objections may be filed with the Code Enforcement
Office, 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 adjacent owners shall be submitted to the Code Enforcement Office
within two days of the requested shooting date.
(5)
No permit to film within any municipally owned building
or land shall be issued without the written consent of the Director
of Parks and Public Property.
A.
The Code Enforcement Officer 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, the 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 ordinances
or would 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.
Further, the Township reserves the right to require one or more on-site
patrolmen in situations where the proposed production may impede the
proper flow of traffic, the cost of said patrolman 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.
B.
Any person aggrieved by a decision of the Code Enforcement Officer denying or revoking a permit or a person requesting relief pursuant to the above section may appeal to the Director of Public Safety or his/her designee. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Municipal Clerk with a copy served upon the Code Enforcement Officer and the Director of Public Safety. An appeal from the decision of the Code Enforcement Officer shall be filed within 10 days of the Code Enforcement Officer's decision. The Director of Public Safety 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 Director of Public Safety may either uphold or reverse the decision of the Township Code Enforcement Officer and may impose conditions if filming is allowed to proceed. The decision shall be in the form of a resolution, which shall be introduced for passage at the next regularly scheduled meeting of the Board of Commissioners, 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 Code Enforcement Officer shall be deemed to be reversed, and a permit shall be issued in conformity with the application or the relief pursuant to § 329-4A shall be deemed denied.
A.
Filming in residential zones shall be permitted Monday
though Friday between the hours of 7:00 a.m. and 9:00 p.m., provided
that all requests for night scenes shall be approved in the permit
to be granted in accordance with the subsection set forth below. The
setup, production and breakdown required by all filming shall be included
in the hours as set forth herein.
B.
The Township Code Enforcement Officer may authorize
filming other than during the hours herein described. In determining
whether to allow an extension of hours under this section, the Code
Enforcement Officer 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; and
(5)
Prior experience of the film company/applicant with
the Township, if any.
C.
Copies of the approved permit will be sent to the
Police and Fire Department before filming takes place and to the New
Jersey Film 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 instruction
issued by the Fire Prevention Bureau or other Township inspectors.
A.
When filming is requested with respect to a major
motion picture, the approved location of such filming and approved
duration of such filming by specific references to day or dates shall
not exceed six days in duration.
B.
Any days necessary to be used for setup and preparation
for a major motion picture filming may, in the discretion of the Code
Enforcement Officer, be counted as a filming day where such setup
is anticipated to involve one or more of the factors set forth herein.
The schedule of fees for the issuance of permits
authorized by this chapter is as follows:
A.
Basic fees.
(1)
Filming permits: $75. Where an applicant requests a waiver of the provision § 329-3A and requiring expedited processing of the permit applications, the basic filming permit shall be $125.
(2)
Daily filming fee payable in addition to the basic
filming permit: $500 per day.
(3)
Daily filming fee payable for major motion picture:
$1,500 per day.
(4)
Filming permit for nonprofit applicants filming for
educational purposes (no daily rate required): $25.
B.
Additional fees. In addition to any other fees or
costs mentioned in this chapter, the applicant shall reimburse the
Township for any lost revenue, such as parking meter revenue, repairs
to public property or other revenues that the Township was prevented
from earning because of filming.
Where the owner of the premises is not the applicant
for a permit required by this chapter, both the owner and the applicant
shall each be liable for violations hereof. 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.
