As used in this chapter, the following terms shall have the meanings
indicated:
FILMING
The taking of still or motion pictures, either on film, video tape,
or similar recording medium, intended for commercial use for viewing on television,
in the theaters or for advertising purposes.
NEWS STORIES
The reporting or summarizing of information concerning something
that has either recently taken place or of current events of general interest
and includes such features commonly known as newscasts, news bulletins and
news anthology programs.
NOT FOR PROFIT
Charitable, religious and other organizations qualifying pursuant
to Section 501(c)(3) of the Internal Revenue Code or its successor.
No permit shall be issued for filming within the Borough of Hillsdale
unless the applicant for such permit:
A. Provides liability insurance coverage for bodily injury
of not less than $1,000,000 per person and $2,000,000 aggregate coverage;
property damage of not less than $500,000 per incident and $1,000,000 aggregate.
B. Specifies in writing that the Borough of Hillsdale will
be indemnified and saved harmless from any and all liability or damages.
C. Obtains the permission of the owners where the filming
takes place on private property.
D. Agrees to comply with all lawful directives issued by
the Hillsdale Police Department, Fire Department and other departments where
deemed necessary and to reimburse the Borough of Hillsdale for any police,
fire or other Borough personnel.
E. Delivers to the Borough an escrow deposit in an amount
equal to 125% of the amount of estimated expenses for personnel and equipment
in accordance with fees established by the head of Police, DPW and Fire Code
Departments. Such escrow shall be held by the Borough escrow account pending
completion of the filming or the expiration of the permit. The escrow may
be used by the Borough to reimburse the Borough for any costs required to
be paid by the applicant hereunder or for additional expense incurred by the
Borough in conjunction with the filming.
F. Provides notice to property owners of properties located,
and residents residing, within 750 feet of the property lines of the premises
for which the permit is requested, as measured along public streets. Such
notice shall be in writing and shall advise the property owner or resident
of the date or dates upon which filming is to take place and the location
of the premises where the filming is to take place. Such notice shall either
be personally served or served by certified mail/return receipt requested
upon the property owners or residents entitled to receive notice at least
seven days prior to the commencement of filming. Service by certified mail
shall be complete upon the receipt of such mail by the residents and property
owners. Upon the written request of the applicant, the Borough shall, within
72 hours, make and certify a list from the current tax duplicates of the addresses
of property located within the Borough of Hillsdale within 400 feet of the
property lines of the premises for which the permit is requested, together
with the names and addresses of the record owners thereof. Notice to owners
and residents of properties in adjoining municipalities shall be given by
personal service or by certified mail to the clerk of such adjoining municipality.
Failure to give notice to a resident or property owner of premises not shown
on the list shall not invalidate the permit. Prior to commencing filming,
the applicant shall file an affidavit of proof of service with the Borough
Clerk.
In accordance with the procedures governing the denial and revocation
of permits appearing in hereof, the Borough Clerk may refuse to issue a permit
or revoke 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 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.
Any person aggrieved by a decision of the Borough Clerk granting, denying
or revoking a permit may appeal to the Borough Council with 10 days of the
denial.
The Borough Administrator may authorize a waiver of any of the requirements
or limitations of this chapter if he determines that strict compliance with
such limitations will impose an unreasonable burden upon the applicant and
that such a permit may be issued without endangering the public's health,
safety and welfare; providing, however, the Borough Administrator shall report
any such waiver to the Borough Council at its next meeting giving the reasons
for the waiver.
The fee schedule for permits authorized under this chapter shall be
as follows in accordance with the application annexed as may be amended from
time to time by the Borough Council.
The provisions of this chapter relating to the requirement for and the
issuance of permits shall not apply to the filming of news stories and not-for-profit
organizations; provided, however, that such filming shall comply with the
following restrictions:
A. In residential zones, such filming shall, to the extent
possible, occur only Monday through Friday between the hours of 8:00 a.m.
and 7:00 p.m. or sundown, whichever is earlier.
B. Such filming shall be conducted in such a manner as to
minimize the inconvenience or discomfort to adjoining property owners or the
interference with previously scheduled activities or normal public activities
upon public lands.
C. Such filming shall be conducted so as to minimize the
creation and spread of debris and rubbish during filming and, upon the completion
of the filming, those conducting the filming shall remove all equipment, debris
and other rubbish from the filming location.
D. To the extent practical, advance notification shall be
furnished to the Borough Clerk of such filming.
E. Such filming shall comply with all lawful directives
issued by the Hillsdale Police, Fire and Code Enforcement officers and officials.
F. Such filming shall be conducted in such a manner as not
to preclude access to adjoining properties from the public street or to encroach
upon adjoining property without the express written permission from the owner
and occupant thereof.
G. Vehicles used in connection with the filming, including
vehicles of personnel associated with such filming, shall be parked off the
public right-of-way to the maximum extent permitted. Vehicles should not be
parked as to encroach upon private property without the express written consent
from the owner or occupant thereof. Vehicles parked in the public right-of-way
shall comply with all applicable parking and traffic regulations. Vehicles
parked or located in violation hereof may be towed by the Borough of Hillsdale
and the cost thereof shall be reimbursed to the Borough by the owner thereof.
H. Lights used in connection with the filming shall not
shine directly into any window upon other property nor shall any noise from
the filming extend across property lines in excess of the limitation specified
in the Borough's noise ordinance.
Any person violating any part of this chapter shall be subject to a
fine not to exceed $2,500 or imprisonment for a term not to exceed 90 days,
or both.