[Adopted 10-25-2010 by Ord. No. 2010-31]
As used in this article, these terms shall have the following
meanings:
FILMING
The taking of commercial still photography or motion pictures
either on film, videotape, or similar recording medium, for any purpose
intended for viewing on television, in theaters or for institutional
uses. This term shall not include family videos and photography, and
news media, as defined herein.
MAJOR MOTION PICTURE
Any film which is financed and/or distributed by a major
motion picture, or television production studio or corporation; or
filming activity connected with any part of a production with an overall
budget of $2,000,000, or more; or any recurrent television series
programming.
MOTION PICTURE, TELEVISION PICTURES, COMMERCIAL STILL PHOTOGRAPHY
All activities attendant to the staging and/or shooting of
commercial motion pictures, television series, television movies,
commercials and to the taking of single or multiple photographs for
sale or commercial use where the photographer sets up stationary equipment
in any one location for longer than 60 consecutive minutes.
NEWS MEDIA
Photographic, filming, and/or videotaping for the purpose
of spontaneous, unplanned television news broadcast or reporting for
print media by reporters, photographers or cameramen.
PUBLIC LANDS
The areas, including but not limited to any public building,
street, sidewalk highway, sidewalk, square, park, playground, and
other public places, which is within the jurisdiction and control
of the Borough of Red Bank.
STUDENT FILMS
Motion picture, television or still photography produced
to satisfy a course or curriculum requirement at an accredited educational
institution. The student filmmaker must supply proof that he/she is
currently enrolled in any such educational institution.
Filming in residential zones shall be permitted Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m., and all activity shall meet the standards of Chapter
450, Noise, of this Code, provided that all requests for night scenes shall be approved in the permit to be granted in accordance with §
355-7 hereof. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.
The Borough may authorize filming other than during the hours
herein described. In determining whether to allow an extension of
hours under this article, the Borough shall consider factors, including
but not limited to the following:
A. Traffic congestion at the location;
B. The applicant's ability to remove film-related vehicles off
the public streets;
C. Whether the applicant is requesting restrictions on the use of public
streets or public parking during the course of the filming;
D. Nature of the film shoot itself; e.g. indoor or outdoors; day or
night; on public or private lands; proximity to residential neighborhoods;
potential for disruption of normal residential or business activities;
and
E. Prior experience of the film company/applicant with the Borough,
if any.
Copies of the approved permit shall be sent to the Police and
Fire Departments before filming takes place. The applicant shall permit
the Police Department, the Fire Marshal or other Borough inspectors
to inspect the site and equipment to be used. The applicant shall
comply with all safety instructions issued by the Police Department,
the Fire Marshal, or other Borough inspections.
In addition to any and all other fees or costs mentioned in
this article, the applicant shall reimburse the Borough for any lost
revenue, including but not limited to, repairs required to public
property, and any revenues that the Borough was prevented from earning
because of the filming.
The schedule of fees for the issuance of permits authorized
by this article are as follows:
A. Basic filming permit (Special Events Committee review): $100.
B. Expedited permit (Borough Administrator review): $250.
C. Student films: no permit fee. Student films are otherwise liable
for all other Borough costs, except for filming or photography that
is part of a course of study at any Red Bank educational institution,
including but not limited to, the Red Bank Public Schools, the Red
Bank Charter School, Red Bank Catholic High School, or the Red Bank
Regional High School District, or such other educational facilities
located within the Borough.
D. Overnight parking/use of Borough lot(s): at cost.
E. Police/fire protection: at cost.
F. Use of Borough buildings, public parks, or closing of any street(s):
$500 per facility, per day.
Where the owner of the premises is not the applicant for a permit
required by this article, both the owner and the applicant shall each
be liable for violations hereof. Any person violating this article
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.