Borough of Glen Rock, NJ Article III Film Permits

[Adopted 4-3-2002 by Ord. No. 1405]

§ 133-29 Definitions.

As used in this article, the following terms shall have the meanings indicated:

FILMING

The taking of still or motion pictures, either on film, videotape, or similar recording medium, for commercial or educational purposes intended for viewing on video receivers, television or in theaters or for institutional use.

PUBLIC LANDS

Any and every public street, highway, or sidewalk within the Borough which is within the jurisdiction and control of the Borough.

§ 133-30 Permits required.

A. No person shall film or permit filming within the Borough of Glen Rock without first obtaining a permit therefor, which permit shall set forth the location of such filming and the date(s) when filming shall take place. A permit is required to be applied for at least five days prior to the first date that filming is to take place.

B. Permits shall be obtained in the Office of the Borough Clerk during normal business hours. Applications for such permits shall be in a form approved by the governing body and shall be accompanied by a permit fee in the amount established by ordinance of the Borough of Glen Rock.

C. One permit shall be required for each location.

D. One permit shall be sufficient to authorize outdoor filming on two days and indoor filming on two days within a period of not more than 10 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.

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 Clerk may, at the request of the applicant, issue a new permit for filming on other dates subject to full compliance with other provisions of this article. No additional fee shall be paid for this permit.

§ 133-31 Rules and regulations.

A. No permit shall be issued for filming upon public lands within the Borough of Glen Rock unless the applicant for such permit:

(1) Provides proof of insurance coverage for bodily injury for any one person in the amount of $1,000,000 and for any aggregate occurrence in the amount of $3,000,000. The Borough of Glen Rock shall be named as an additional insured on the policy and a certificate of insurance shall be delivered to the Borough Clerk at the time that the permit is issued.

(2) Agrees in writing to indemnify and save harmless the Borough of Glen Rock from any and all liability or damages resulting from the use of such public lands.

(3) Post a bond in an amount to be determined by the Borough Administrator against any damage to person or property and to guarantee cleanup and restoration of the areas in which the filming takes place or other areas which may be damaged or destroyed because of the activities of the filming. If no claim is made upon the bond, the bond shall be returned to the permittee within 30 days of the completion of the filming.

B. The holder of a 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 Borough Police Department with respect thereto.

C. 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. 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.

D. The holder of a permit 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.

E. Filming shall be permitted only Monday though Friday between the hours of 8:00 a.m. and 7:00 p.m. or sundown, whichever is earlier.

F. The Borough Clerk or 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 report thereon by the Police Department and by other Borough agencies involved with the proposed filming site, that filming at the location and/or time set forth in the application would violate any law or ordinance or would unreasonably interfere with the public's use of public lands, 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.

G. Any person aggrieved by a decision of the Borough Clerk or Borough Administrator denying or revoking a permit or a person requesting relief pursuant to this section may appeal to the governing body. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Borough Clerk. An appeal from the decision of the Borough Clerk or Borough Administrator shall be filed within 10 days of the Village Manager's decision. The governing body 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 governing body shall be in the form of a resolution. A resolution supporting the decision of the Borough Clerk or Borough Administrator or granting relief pursuant to § 133-31C shall be approved by the governing body at the first regularly scheduled public meeting of the governing body 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 Borough Clerk or Borough Administrator shall be deemed to be reversed and a permit shall be issued in conformity with the application or the relief pursuant to § 133-30 shall be deemed denied.

H. The Borough Administrator or Borough Clerk may authorize a waiver of any of the requirements or limitations of this article, 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 10 days or may waive any other limitation or requirement of this article whenever he 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.

I. The applicant shall notify the Fire Department and the Police Department 24 hours before filming takes place and permit the Fire Department and the Police Department to inspect the site and the equipment to be used. The applicant shall comply with all fire and safety instructions issued by the Fire Department and the Police Department.

J. In the event that the Chief of Police (or his/her designee) shall determine in his/her sole and absolute discretion, that there exists or may exist a health or safety issue resulting from the intended activity, then the applicant shall pay all costs related to supplying off-duty police officers at the site to control pedestrian and vehicular traffic.

§ 133-32 Fees.

A. For filming permit fees, see Chapter 101.

B. In addition thereto, there shall be a fee of any parking meter revenue which is lost by the Borough due to the inaccessibility of the meters for parking on the days of production. The determination of which meters shall be dedicated to the filming shall be determined for safety reasons by the Chief of Police. Any denial by the Chief of Police shall first be appealed to the Borough Clerk or Borough Administrator and thereafter as set forth in § 133-31 hereinabove.

§ 133-33 Exemptions.

The provisions of this article shall not apply to the filming of news stories within the Borough of Glen Rock.