[HISTORY: Adopted by the Mayor and Council
of the Borough of Hasbrouck Heights 4-28-1998 by Ord. No. 1815. Amendments
noted where applicable.]
It shall be unlawful for any person, firm, partnership,
corporation, association or organization of any kind, hereinafter
collectively referred to as "person," to film or tape any commercials,
movies, advertisements, shows or other productions intended for public
viewing and/or display by professional crews upon any nonresidential
premises in the Borough of Hasbrouck Heights (other than such premises
which may have been approved for that single principal purpose in
accordance with the land use ordinances of this Borough, such as a
filming studio) unless such person shall hold a currently valid license
issued pursuant to the terms of this chapter.
The application for the license required herein
shall be made to the Borough Clerk under the signature of the applicant.
The application shall contain the following:
A.
The name, residence address and telephone number of
each individual, owner, partner or, if a domestic corporation, the
names, residence addresses and telephone numbers of the directors
and officers owning a ten-percent or greater interest in the corporation
and the chief operating executive of the corporation and, if a nondomestic
corporation, the name, residence address and telephone number of the
managing officer for service of process within the State of New Jersey
and a copy of the qualification of said nondomestic corporation to
conduct business in the State of New Jersey.
B.
A copy of the trade, corporate, business or fictitious
name upon which the applicant intends to do business pursuant to this
chapter.
C.
The address and description of the place where the
applicant intends to undertake the filming or taping.
D.
The name and address of the person who owns the premises,
if other than the applicant, and the written consent of the owner
of the premises to the application.
The Borough Clerk shall review the application
for completeness and for compliance with the terms of this chapter.
If the application is incomplete, the Clerk shall return it to the
applicant, who shall complete the same and return it within 10 days;
should the applicant fail to complete it within that time, the application
shall be deemed denied. The Clerk shall issue a license valid for
the period sought but for no longer than five days upon any single
application in response to an application found to be complete and
truthful after the Clerk receives from the applicant proof of the
following:
A.
That the Chief of Police of the Borough of Hasbrouck
Heights or his designee has reviewed the application and has determined
that the conduct for which a license is sought shall not cause any
disturbance in the peace and good order of the neighborhood nor result
in any detriment to the safety or welfare of the general public nor
interfere with or create a hazard in respect to vehicular or pedestrian
traffic; in the event that the application is found objectionable
by the Chief of Police or his designee but such objection can be lawfully
addressed by the applicant, the Chief of Police may nevertheless approve
the application, subject to any reasonable condition to be performed
at the sole cost and expense of the applicant as may be deemed necessary
to eliminate such objection, and shall further estimate the cost of
such condition and require that the Borough Clerk collect from the
applicant an escrow in the sum of 150% of that estimated cost to secure
the faithful performance of that condition by the applicant.
B.
That the Zoning Enforcement Officer of the Borough certifies that the proposed conduct for which the license is sought conforms to the conditions of § 275-21I of this Code and will not interfere with the conduct or replace the principal use otherwise permitted of the subject premises.
C.
That the applicant provides a comprehensive general
liability policy issued to such person by a public liability insurance
company authorized to do business in the State of New Jersey affording
the coverage set forth below in the amount specified.
(1)
Such insurance policy shall name the Borough of Hasbrouck
Heights, its agent, officers, servants, representatives and employees
as additional insureds with respect to the undertaking in the following
amounts:
(2)
The insurance coverage required by this section shall
at all times be maintained in the full amount. The policy of insurance
required by this section to be filed with the Clerk shall contain
a clause obligating the company issuing the same to give not less
than 30 days' written notice to the Borough Clerk before cancellation
or amendment of any of the terms thereof. Notice of cancellation shall
not relieve the company issuing such policy of liability for any injury
or claim arising before the cancellation becomes effective. The cancellation
of any such policy shall have the immediate effect of suspending the
license of such person to film or tape covered thereby until a new
policy complying with the provisions of this section is filed with
the Clerk and a letter, in writing, confirming the new effective date
of the license is issued by the Clerk.
(3)
The policy shall contain a provision for continuing
liability thereunder to the full amount thereof notwithstanding any
recovery thereon, that the liability of the insured shall not be affected
by the insolvency or the bankruptcy of the insured and that until
the policy is canceled the insurance company will not be relieved
from liability on account of nonpayment of premium or of any act or
omission by the named insured. Such policy of insurance shall be further
conditioned for the payment of any and all judgments up to the limits
of such policy.
D.
That the person has filed with the Clerk an agreement
to indemnify and hold harmless the Borough of Hasbrouck Heights, its
agents, servants, representatives or employees for any or all claims
damages, judgments, costs or expenses, including attorneys' fees,
which they or any of them may incur or be required to pay because
of any personal injury, including death, or property damage suffered
by any person or persons as a result of or related in any way to the
operation for which the license is issued.
The Borough Clerk is hereby empowered to revoke
any license issued hereunder upon written notice personally delivered
to the applicant or the subject premises, which notice shall set forth
the grounds for such suspension, if the Clerk determines that the
operation fails to comply with any of the requirements contained or
referred to herein. If the applicant chooses to contest such suspension,
the Mayor and Council shall hear such contest at its next regularly
scheduled public meeting upon written notice thereof setting forth
the grounds for the contest and delivered to the Borough Clerk no
later than 10 days prior to that public meeting; the Mayor and Council
shall thereupon hear and determine whether such suspension was appropriate,
determine whether such suspension shall be continued and determine
whether sufficient grounds exist to permanently revoke the license.
The filming or taping after the suspension or revocation of its license
is unlawful and every day that it is so conducted shall constitute
a separate offense.
Any person violating any provision of this chapter
shall, upon conviction, be subject to a fine not exceeding $100 for
each offense or imprisonment for a period not exceeding 90 days, or
both, at the discretion of the court imposing sentence pursuant to
N.J.S.A. 40:49-5. Each day a violation occurs or is committed shall
constitute a separate offense.
