[HISTORY: Adopted by the Mayor and Council of the Borough
of Chatham 9-28-2009 by Ord. No. 09-12. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
For the intent and purpose of this Chapter 131 of the Code of the Borough of Chatham, the "Administrative Assistant" shall be defined as such Borough employee whose job description as set forth in the Borough of Chatham's Personnel Policies includes "to serve as Downtown Manager"; and who is further defined as a "liaison to the tenants and owners in the commercial or business district" as set forth in § 131-3C(2), and as a "coordinator and liaison between the Borough departments and the tenants and property owners in the commercial district affected" by the issuance of a permit for filming, as set forth in § 131-3C(3) of this chapter. Notwithstanding the foregoing to the contrary, such other duties of the Administrative Assistant as described in the Borough of Chatham's Personnel Policies that do not pertain to this chapter shall remain in full force and effect.
The taking of still or motion pictures, either on film, videotape,
digital or similar recording medium, for commercial purposes intended
for viewing on video receivers, television, in theaters, the Internet
or for institutional use. Filming performed by one individual using
a hand-held camera without assistance from others, or filming conducted
by educational institutions for educational purposes, including student
filmmakers, shall be excluded from this chapter.
Any and every public street, highway, sidewalk, square, public
right-of-way, public park or playground, public building and property
or other public place within the Borough, which is within the jurisdiction
and control of the Borough of Chatham.
A.
No person, firm or corporation shall film or permit filming within
the Borough of Chatham without:
B.
Chatham Borough filming permit applications may be obtained from
the office of the Borough Clerk during normal business hours. Application
for such permits shall be in a form approved by the Borough Administrator
and shall be accompanied by a permit fee in the amount established
by ordinance of the Borough of Chatham.
C.
The following information shall be included in the permit application:
(1)
Locations of filming;
(2)
Proposed duration of filming, including date(s) and hours; subject
to the final approval of the Administrative Assistant as to the final
filming schedule within the Borough;
(3)
Amount of space required on public streets/highways/sidewalks, etc.;
and
(4)
Contact information of applicant, including the on-site person.
D.
Duration of time authorized.
(1)
One permit shall be sufficient to authorize filming on two calendar
days within a period of not more than five calendar days beginning
on the date of issuance of the permit, provided that each such date
on which filming is to take place shall be specified in the permit.
(2)
Permission for filming in excess of five days as described in § 131-2D(1) may be granted by the Borough Council upon filing of a request with the Borough Clerk seven calendar days in advance of the Borough Council meeting at which the matter is to be considered. A copy of the permit application shall be attached to the request. See also § 131-3J.
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 Borough Administrator may, at the request of the applicant and
with proper notice given by the applicant or agent of the applicant
previously authorized by the approving authorities to act as an agent
of the applicant to approving authorities and any affected property
owners/tenants as determined by approving authorities, 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.
A permit shall be limited to no more than five calendar days per
project.
B.
No more than two permits shall be issued by the Borough of Chatham for filming that will take place in any residential zone without a waiver pursuant to § 131-3J.
C.
Issuance of permits.
(1)
No permit shall be issued by the Borough Administrator unless a completed
application is filed with the Office of the Borough Clerk at least
10 calendar days prior to the first date filming is to take place;
and, where the filming is to take place in any commercial or business
district, a copy of the application is filed with the Borough Clerk
at least 10 calendar days prior to the first date filming is to take
place. However, the Borough Administrator may waive the ten-calendar-day
period if, in the judgment of the Borough Administrator, the applicant
has obtained all required approvals and adjacent property owners or
tenants do not need to be notified.
(2)
Where the filming is to take place in any commercial or business
district of the Borough of Chatham, the Administrative Assistant shall
act as liaison to the tenants and owners in the commercial or business
district. In that regard, the applicant shall:
(a)
Distribute relevant information regarding the proposed filming
to the property owners and merchants in the commercial or business
district that may be affected;
(b)
Provide to the Police Department, and such other municipal departments
as may be necessary, written comments from the property owners and
tenants in the commercial or business district;
(c)
Contact the Chatham Police Department and any other relevant
departments to coordinate the information with the property owners
and tenants in the commercial district; and
(3)
Upon issuance of a permit by the Borough Administrator, the Administrative
Assistant shall be the coordinator and liaison between the Borough
departments and the tenants and property owners in the commercial
district affected.
(4)
No permit shall be issued for filming upon public lands unless the
applicant shall provide the Borough with satisfactory proof of the
following:
(a)
Proof of insurance coverage, pursuant to the requirement that
the applicant shall maintain with insurance carriers rated at a minimum
A- (A minus) by A.M. Best's Insurance Rating Guide insurance,
as follows:
[1]
General liability, including premises/operations, blanket contractual,
bodily injury (including death resulting therefrom), property damage
and personal injury with limits not less than $1,000,000 per occurrence
subject to an aggregate of $3,000,000;
[2]
In the event motor vehicles are in use as a means to arrive
and depart from filming operations or during filming operations, automobile
liability for owned, hired and nonowned vehicles with limits not less
than $1,000,000 combined single limit;
[3]
Workers' compensation insurance (including employer's
liability), which must, at minimum, comply with all statutory regulations
in the governmental jurisdiction where filming work is being performed;
[4]
Media (professional) liability coverage at a minimum limit of
$5,000,000 per claim and in the aggregate;
[5]
The applicant will name the Borough of Chatham and its directors,
officers, employees and agents as additional insureds under the general
liability and automobile liability policies outlined above. In addition,
the applicant shall be solely responsible for maintaining, and requiring
its subcontractors and agents (if any) to maintain the same coverage
as outlined herein. The applicant's insurance coverage shall
be primary above all other valid and collectable policies in force,
and the Administrator of the Borough of Chatham shall be provided
30 days' advance notice of cancellation or reduction in coverage
or limits. Policies shall contain waivers of subrogation by endorsement
or otherwise. The Borough of Chatham shall be provided with the applicable
certificates of insurance or evidence of coverage before filming commences;
and
[6]
In the event the above requirements are not met, the Borough
of Chatham reserves the right, at its option, to either purchase the
above insurance and bill same to the applicant or revoke any previously
issued permit with no obligation to refund any permit fees.
(b)
An agreement, in writing, in a form approved by the Borough
Attorney, whereby the applicant agrees to indemnify and save harmless
the Borough of Chatham, its officers, employees and agents, from any
and all liability, expense, claim or damages resulting from the use
of public lands;
(c)
The posting of a cash bond of $500, or a maintenance bond of
$1,000, running in favor of the Borough and protecting and insuring
that the location utilized will be left, after filming, in a satisfactory
condition, free of debris, rubbish and equipment, and that all Borough
ordinances, rules and regulations will be followed. Within two business
days of the completion of the filming, the Borough will return the
bond if there has been no damage to public property or public expense
caused by the filming;
(d)
A contractual agreement with the Chatham Police Department for
paid police coverage during the time indicated in the permit;
(e)
Proof of service provided by the applicant of written notification
of proposed dates and lands to be used for production activities to
any and all tenants and property owners who will be directly affected
by the filming and its site location, as determined by the approving
authorities, and simultaneously said tenants and property owners shall
be informed that objections may be filed with the Borough Clerk. Such
notification is to take place at least three business days prior to
the requested shooting date, with proofs submitted to the Borough
Clerk prior to issuance of the permit; and
(f)
A written approval from the Chatham Police Department authorizing
issuance of the permit and providing any traffic control requirements
and public safety conditions.
D.
The applicant 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 Chatham
Police Department with respect thereto.
E.
The applicant 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 limit to the extent possible any
interference with normal public activity on such public lands.
F.
The applicant 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.
G.
Filming, including setup and final cleanup, shall be permitted Monday
through Friday between the hours of 8:00 a.m. and 10:00 p.m.
H.
The Borough Administrator may refuse to issue a permit whenever he/she
determines, on the basis of objective facts and after a review of
the application and a written report thereon by the Chatham Police
Department and by other Borough departments 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 ordinance or would unreasonably
interfere with the use and enjoyment of adjoining properties, or in
the opinion of the Chatham Police Department would unreasonably impede
the free flow of vehicular or pedestrian traffic or otherwise endanger
the public's health, safety or welfare. Further, the Borough
reserves the right to require one or more on-site police officers
in situations where the proposed production may impede the proper
flow of traffic, the cost of said officers to be borne by the applicant
as a cost of production.
I.
Any person aggrieved by the decision of the Borough Administrator or the Borough of Chatham denying or revoking a permit or a person requesting relief pursuant to § 131-3J herein may appeal to the Borough Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Borough Clerk no later than 10 calendar days from the date of the denial or revocation of the permit. The Borough Council shall set the matter down for a hearing within 30 calendar days of the day on which the notice of appeal was filed. The decision of the Borough Council shall be in the form of a resolution. A resolution supporting the decision of the Borough Administrator or granting relief pursuant to § 131-3J shall be adopted by the Borough Council at the first regularly scheduled public meeting of the Borough Council after the hearing on the appeal, unless the appellant agrees in writing to a later date for the decision.
J.
The Borough Council may authorize a waiver of any of the requirements
or limitations of this chapter, and may authorize filming on other
public property not defined as public lands and may authorize filming
other than during the hours herein described or may extend the duration
of a permit beyond five calendar days or may permit filming at a particular
location in a residential zone on more than two occasions during any
one calendar year or may waive any other limitation or requirement
of this chapter whenever it 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.
K.
Copies of the approved permit will be sent by the Borough Clerk to
the Police Department, Fire Department, Downtown Manager, the Department
of Public Works, and the Board of Health. Copies shall be sent to
any appropriate New Jersey state agencies, including the New Jersey
Film Commission.
L.
The applicant shall notify the Police Department, the Fire Department,
Downtown Manager and the Board of Health, 24 hours before filming
takes place and shall permit the Police Department, the Fire Department,
the Board of Health or other Borough inspectors to inspect the site
and the equipment to be used. The applicant shall comply with all
safety instructions issued by Borough inspectors, including the Police
Department, the Fire Department and the Board of Health.
M.
In addition to any other fees or costs mentioned in this chapter,
the applicant shall reimburse the Borough for any lost revenue or
repairs to public property.
N.
The applicant will abide by all Rules, Regulations and Protocols
adopted by New Jersey Transit, if applicable.
The schedule of fees for the issuance of permits authorized
by this chapter are as follows:
Any person violating this chapter or these rules and regulations,
upon conviction thereof, shall be punished by a fine not exceeding
$2,000 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.
The provisions of this chapter shall not apply to:
A.
The filming of news stories within the Borough of Chatham by individuals
and/or legitimate entities or organizations for purposes of journalism
or news reporting;
B.
Filming by one individual using a hand-held camera without the assistance
of other persons, or filming by one or more individuals for weddings,
religious occasions, and other family or social private parties, occasions,
events, or functions;
C.
Waiver of fees for student. The fees set forth in § 131-4 shall be waived when filming is done by a student in grade school, middle school, high school, college, university or other bona fide educational institution upon receipt by the Borough Clerk of a written certification from a teacher or administrator at the school attended by the student stating that the filming is for educational purposes only and is not intended for commercial use.
D.
Filming for authorized Chatham Borough municipal government purposes
as may be authorized by the Chatham Borough Council or the Borough
Administrator.
If any sentence, section, clause, or other portion of this chapter
or the application thereof to any person or circumstance shall for
any reason be adjudged by a court of competent jurisdiction to be
invalid, such judgment shall not affect, impair, or repeal the remainder
of this chapter.
