[HISTORY: Adopted by the Borough Council
of the Borough of Florham Park 7-23-2008 by Ord. No. 08-22.
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 digitally
or on film, videotape or similar recording medium, for commercial
or educational purposes, intended for viewing on video receivers,
television, in theaters, on the Internet or for institutional use.
Filming performed by one individual using a hand-held camera without
assistance from others shall be excluded from this chapter.
Any and every public street, highway, sidewalk, square, public
right-of-way, public park or playground, public building and property
or other public place within the Borough which is within the jurisdiction
and control of the Borough of Florham Park.
A.
No person, firm or corporation shall film or permit
filming within the Borough of Florham Park without first obtaining
an application for permit therefor, obtaining the required approvals
and filing the completed/approved permit, together with the applicable
permit fee, with the Borough at least 10 calendar days prior to the
first date that filming is to take place.
B.
Florham Park Borough filming permit applications may
be obtained from the Office of the Borough Clerk during normal business
hours. Application for such permits shall be in a form approved by
the Borough Administrator and shall be accompanied by a permit fee
in the amount established by ordinance of the Borough of Florham Park.
C.
The following information shall be included in the
permit application:
(1)
Location of filming;
(2)
Proposed duration of filming, including date(s) and
hours;
(3)
Amount of space required on public streets/highways/sidewalks,
etc.;
(4)
Contact information of applicant, including the on-site
person; and
(5)
Traffic control plan approved by the Traffic Bureau
of the Florham Park Police Department (if required).
D.
One permit shall be required for each location.
E.
Duration of time authorized.
(1)
One permit shall be sufficient to authorize outdoor
filming on two calendar days and indoor filming on two calendar days
within a period of not more than five calendar 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.
(2)
Permission for filming in excess of four days as described in § 120-2E(1) may be granted by the Borough Council upon filing of a request with the Borough Clerk seven calendar days in advance of the Borough Council meeting at which the matter is to be considered. A copy of the permit application shall be attached to the request. See also § 120-3J.
F.
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 Administrator may, at the request of the applicant
and with proper notice given to approving authorities and any affected
property owners/tenants, 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.
A permit shall be limited to no more than five calendar
days.
B.
No more than two permits shall be issued by the Borough of Florham Park for filming that will take place in any residential zones without a waiver pursuant to § 120-3J.
C.
Issuance of permits.
(1)
No permit shall be issued by the Borough Clerk unless
a completed application is filed with the Borough Clerk's office at
least 10 calendar days prior to the first date filming is to take
place.
(2)
No permit shall be issued for filming upon public
lands unless the applicant shall provide the Borough with satisfactory
proof of the following:
(a)
Proof of insurance coverage as follows:
[1]
For bodily injury to any one person in the amount
of $1,000,000 and any occurrence in the aggregate amount of $3,000,000;
[2]
For property damage for each occurrence in the
aggregate amount of $500,000; and
[3]
A certificate of insurance shall be delivered
to the Borough Clerk which shall name the Borough of Florham Park
as an additional insured on the policy.
(b)
An agreement, in writing, in a form approved
by the Borough Attorney, whereby the applicant agrees to indemnify
and save harmless the Borough of Florham Park, its officers, employees
and agents from any and all liability, expense, claim or damages resulting
from the use of public lands;
(c)
The posting of a cash bond of $500 or a maintenance
bond of $1,000, running in favor of the Borough 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 Borough ordinances, rules and regulations
will be followed. Within two business days of the completion of the
filming, the Borough will return the bond if there has been no damage
to public property or public expense caused by the filming;
(d)
A contractual agreement with the Florham Park
Police Department for paid police coverage during the time indicated
in the permit (if required);
(e)
Proof of service of written notification of
proposed dates and lands to be used for production activities to any
and all tenants and property owners who will be directly affected
by the filming and its site location, and simultaneously said tenants
and property owners shall be informed that objections may be filed
with the Borough Clerk. Such notification is to take place at least
three business days prior to the requested shooting date, with proofs
submitted to the Borough Clerk prior to issuance of the permit;
(f)
A written approval from the Florham Park Police
Department authorizing issuance of the permit and providing any traffic
control requirements and public safety conditions.
D.
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 Florham Park Police Department with respect thereto.
E.
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.
F.
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.
G.
Filming, including setup and final cleanup, shall
be permitted Monday through Friday between the hours of 8:00 a.m.
and 10:00 p.m. or sunset, whichever is earlier.
H.
The 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 written report thereon by the Florham
Park Police Department and by other Borough departments 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 or, in the opinion of the Florham Park Police Department,
would unreasonably impede the free flow of vehicular or pedestrian
traffic or otherwise endanger the public's health, safety or welfare.
Further, the Borough reserves the right to require one or more on-site
police officers in situations where the proposed production may impede
the proper flow of traffic, the cost of said officers to be borne
by the applicant as a cost of production. If any services are required
by employees from other Borough departments, the cost of such employees
is to be borne by the applicant as a cost of production.
I.
Any person aggrieved by the decision of the Borough Administrator or the Borough of Florham Park denying or revoking a permit or a person requesting relief pursuant to § 120-3J herein may appeal to the Borough Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Borough Clerk no later than 10 calendar days from the date of the denial or revocation of the permit. The Borough Council shall set the matter down for a hearing within 30 calendar days of the day on which the notice of appeal was filed. The decision of the Borough Council shall be in the form of a resolution. A resolution supporting the decision of the Borough Administrator or granting relief pursuant to § 120-3J shall be adopted by the Borough Council at the first regularly scheduled public meeting of the Borough Council after the hearing on the appeal, unless the appellant agrees, in writing, to a later date for the decision.
J.
The Borough Council may authorize a waiver of any
of the requirements or limitations of this chapter 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 five calendar days or may
permit filming at a particular location in a residential zone on more
than two occasions during any one calendar year or may waive any other
limitation or requirement of this chapter whenever it 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.
K.
Copies of the approved permit will be sent by the
Borough Clerk to the Police Department, Fire Department, the Department
of Community Services, and the Board of Health. Copies shall be sent
to any appropriate New Jersey state agencies, including the New Jersey
Film Commission.
L.
The applicant shall notify the Police Department,
the Fire Department, Director of Community Services and the Board
of Health 24 hours before filming takes place and shall permit the
Police Department, the Fire Department, the Board of Health or other
Borough inspectors to inspect the site and the equipment to be used.
The applicant shall comply with all safety instructions issued by
Borough inspectors, including the Police Department, the Fire Department
and the Board of Health.
M.
In addition to any other fees or costs mentioned in
this chapter, the applicant shall reimburse the Borough for any lost
revenue or repairs to public property.
The schedule of fees for the issuance of permits
authorized by this chapter is as follows:
C.
Waiver of fees for student. The fees set forth in § 120-4 shall be waived when filming is done by a student in a grade school, middle school, high school, college, university or other bona fide educational institution upon receipt by the Borough Clerk of a written certification from a teacher or administrator at the school attended by the student stating that the filming is for educational purposes only and is not intended for commercial use.
Any person violating this chapter or these rules
and regulations, upon conviction thereof, shall be punished by a fine
not exceeding $2,000 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.
The provisions of this chapter shall not apply
to:
A.
The filming of news stories within the Borough of
Florham Park;
B.
Filming by one individual using a hand-held camera
without the assistance of other persons; and
C.
Filming for authorized Florham Park Borough municipal
government purposes as may be authorized by the Florham Park Borough
Council or the Borough Administrator.
If any sentence, section, clause or other portion
of this chapter or the application thereof to any person or circumstance
shall for any reason be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or repeal the
remainder of this chapter.
