[HISTORY: Adopted by the City Council of the City of Garfield 9-9-2014 by Ord. No.
2689. 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 theaters or for institutional
uses. The provisions of this chapter shall not be deemed to include
the filming of news stories within the City of Garfield.
Any film that is financed and/or distributed by a major motion-picture
studio, including but not limited to the following:
Universal Pictures.
Warner Brothers, including New Line Cinema, Castle Rock Cinema,
Village Road Show and Bel-Aire.
Paramount, including MTV Films and Nickelodeon Movie.
20th Century Fox, including Fox Searchlight.
Sony/Columbia.
Disney/Miramax.
MGMUnited Artists.
Dreamworks.
Any film for which the budget is at least $5,000,000.
Recurrent weekly television series programming.
Any and every public street, highway, sidewalk, square, public
park or playground or any other public place within the City which
is within the jurisdiction and control of the City of Garfield.
A.Â
No person or organization shall film or permit filming on public or private land within the City of Garfield without first having obtained a permit from the office of the City Clerk, 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 City exceed a total of six days in any one calendar year, regardless of the number of permits utilized in reaching this six-day maximum. Either or both of the three-consecutive-day and the six-day limitations may be extended only if the filming requested constitutes a major motion picture as defined by § 141-11 of this chapter. Said permit must be readily available for inspection by City officials at all times at the site of the filming.
B.Â
All permits shall be applied for and obtained from the office of the City Clerk during normal business hours. Applications for such permits shall be in a form approved by the City Clerk and shall be accompanied by a permit fee in the amount established by this chapter in § 141-12 herein.
C.Â
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 City Clerk 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.Â
No permits will be issued by the City Clerk unless applied for prior
to five days before the requested shooting date; provided, however,
that the City Manager may waive the five-day period if, in his judgment,
the applicant has obtained all related approvals and adjacent property
owners or tenants do not need to be notified.
B.Â
No permit shall be issued for filming upon public lands unless the
applicant shall provide the City with satisfactory proof of the following:
(2)Â
An agreement, in writing, whereby the applicant agrees to indemnify
and save harmless the City of Garfield from any and all liability,
expense, claim or damages resulting from the use of public lands.
(3)Â
The posting of $500 in cash or a maintenance bond of $500 running
in favor of the City 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 due observance of
all City ordinances, laws and regulations will be followed. Within
21 days of the completion of the filming, the City will return the
bond if there has been no damage to public property or public expense
caused by the filming.
(4)Â
The hiring of an off-duty Garfield police officer for the times indicated
on the permit.
C.Â
The holder of the permit 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 Garfield Police Department with respect thereto.
A.Â
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.
B.Â
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. 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 City Clerk, said objections
to form a part of the applicant's application and to be considered
in the review of the same. Proof of service of notification to adjacent
owners shall be submitted to the City Clerk within two days of the
requested shooting date.
Filming in residential zones shall be permitted Monday through 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 § 141-8 hereof. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.
A.Â
The City Manager 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 and by other City 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 ordinance 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.
B.Â
Further, the City 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.
A.Â
Any person aggrieved by a decision of the City Manager denying or
revoking a permit or a person requesting relief pursuant to § 140-8
may appeal to the City Council. A written notice of appeal setting
forth the reasons for the appeal shall be filed with the Manager.
B.Â
An appeal from the decision of the Manager shall be filed within 10 days of the Manager's decision. The City Council 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 City Council shall be in the form of a resolution supporting the decision of the City Manager at the first regularly scheduled public meeting of the City Council after the hearing on the appeal, 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 Manager shall be deemed to be reversed, and a permit shall be issued in conformity with the application or the relief pursuant to § 141-8 shall be deemed denied.
The City Manager may authorize filming other than during the
hours herein described. In determining whether to allow an extension
of hours under this section, the Manager shall consider the following
factors:
A.Â
Traffic congestion at the location caused by vehicles to be parked
on the public street.
B.Â
The applicant's ability to remove film-related vehicles off
the public streets.
C.Â
When the applicant is requesting restrictions on the use of public
streets or public parking during the course of the filming.
D.Â
Nature of the film shoot itself, e.g., indoor or outdoors; day or
night; on public or private lands.
E.Â
Prior experience of the film company/applicant with the City, if
any.
F.Â
Consultation with the Council-Ward representative wherein the filming
is to take place.
Copies of the approved permit will be sent to the Police and
Fire Departments before filming takes place and to the New Jersey
Film Commission. The applicant shall permit the Fire Prevention Bureau
or other City 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 City inspectors.
In addition to any other fees or costs mentioned in this chapter,
the applicant shall reimburse the City for any lost revenue, such
as parking meter revenue, repairs to public property or other revenues
that the City was prevented from earning because of filming.
A.Â
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 reference to day or dates may exceed three consecutive days and/or may exceed six days in duration if approved by the City Manager in his or her discretion following a favorable review of the factors set forth in § 141-8 herein.
The schedule of fees for the issuance of permits authorized
by this chapter are as follows:
A.Â
Basic filming permit: $150. Where an applicant requests a waiver of the provision of § 141-3A requiring expedited processing of a permit application within 24 hours of the filming date, the basic filming permit fee for processing the application on an expedited basis shall be $500.
B.Â
Daily filming fee payable in addition to the basic filming permit:
$600 per day.
C.Â
Daily filming fee payable for major motion picture: $1,500 per day.
D.Â
Filming permit for nonprofit applicants filming for educational purposes
(no daily rate required): $25.
Any person who violates any provision of this chapter shall,
upon conviction thereof, be punishable by a fine not exceeding $2,000,
imprisonment in the county/City jail for a term not exceeding 90 days,
or a period of community service not exceeding 90 days, or any combination
thereof as determined by the City Court Judge. Each day on which a
violation of an ordinance exists shall be considered a separate and
distinct violation and shall be subject to imposition of a separate
penalty for each day of the violation as the City Court Judge may
determine.