[HISTORY: Adopted by the Mayor and Council
of the Borough of North Arlington 9-7-1999 by Ord. No. 1764. Amendments
noted where applicable.]
This chapter shall be known as the "North Arlington
Filming Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
The taking of still or motion pictures either on film or
videotape or similar recording medium, for commercial or educational
purposes intended for viewing on television, in theaters or for institutional
uses. The provisions of this chapter shall not be deemed to include
the filming of news stories within the Borough of North Arlington.
Any and every public street, highway, sidewalk, square, public
park or playground or any other public place within the Borough which
is within the jurisdiction and control of the Borough of North Arlington.
A.
No person or organization shall film or permit filming on public property within the Borough of North Arlington without first having a permit from the office of the Borough Clerk, which permit shall set forth the approved location of such filming and the approved duration of such filming by specific reference to day or dates not to exceed three in duration, except in the case of a major motion picture as described in § 160-13. Said permit must be readily available for inspection by Borough officials at all times at the site of the filming.
B.
All permits shall be applied for and obtained from the office of the Borough Clerk during normal business hours. Applications for such permits shall be in a form approved by the Borough Clerk and be accompanied by a permit fee in the amount established by this chapter in § 160-5 herein.
C.
A permit shall be sufficient to authorize outdoor or indoor filming for a period not to exceed three days, except in the case of a major motion picture, as described in § 160-13, provided that the maximum number of days of filming authorized in any calendar years for premises located in a residential zone where waiver(s) are granted hereunder shall not exceed 10 days.
D.
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 all other provisions of this chapter. No additional fee shall
be paid for this permit.
No permits will be issued by the Borough Clerk
unless applied for prior to five days before the requested shooting
date; provided, however, that the Borough Administrator may waive
the five-day period if, in his/her judgment, the applicant has obtained
all related approvals and adjacent property owners or tenants do not
need to be notified.
[Amended 12-5-2000 by Ord. No. 1793]
No permit shall be issued for filming upon public
lands unless the applicant shall provide the Borough with satisfactory
proof of the following:
A.
Insurance coverage as prescribed by the Borough Administrator.
B.
Certificate of insurance as prescribed by the Borough
Administrator.
C.
An agreement, in writing, whereby the applicant agrees
to indemnify and save harmless the Borough of North Arlington from
any and all liability, expense, claim or damages resulting from the
use of public lands.
D.
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 will be left after filming in a satisfactory
condition, free of debris, rubbish and equipment, and that due observance
of all Borough ordinances, laws and regulations will be followed.
Within seven 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.
E.
The hiring of an off-duty North Arlington police officer
if required by the Chief of Police for traffic control or other reasons
of public safety. Hours that the police officer must be present on
the filming site must be indicated on the permit.
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 North Arlington Police Department with respect thereto.
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. Where the applicant's production activity,
by reason of location or otherwise, will directly involve and/or affect
any businesses, merchants or residents, these parties shall be given
written notice of the filming at least three days prior to the requested
shooting date and be informed that objections may be filed with the
Borough Clerk, said objections to form a part of applicant's application
and be considered in the review of the same. Proof of service of notification
to adjacent owners shall be submitted to the Borough Clerk within
two days of the requested shooting date.
Filming in residential zones shall be permitted Monday through Friday between the hours of 7:00 a.m. and 8:00 p.m., provided that all requests for night scenes shall be approved in the permit or by a waiver to be granted in accordance with § 160-11 hereof.
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 report thereon by the
Police Department and by other Borough agencies 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 employment of adjoining
properties, 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
patrol officers in situations where the proposed production may impede
the proper flow of traffic, the cost of said patrol officers to be
borne by the applicant as a cost of production. Where existing electrical
power lines are to be utilized by the production, an on-site licensed
electrician may be similarly required if the production company does
not have a licensed electrician on staff.
Any person aggrieved by a decision of the Borough Administrator denying or revoking a permit or a person requesting relief pursuant to § 160-11 may appeal to the Mayor and Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Administrator. An appeal from the decision of the Administrator shall be filed within 10 days of the Administrator's decision. The Mayor and Council 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 Mayor and Council shall be in the form of a resolution supporting the decision of the Council at the first regularly scheduled public meeting of the Mayor and Council 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 Administrator shall be deemed to be reversed, and a permit shall be issued in conformity with the application or the relief pursuant to § 160-11 shall be deemed denied.
The Borough Administrator may authorize a waiver of any of the requirements or limitations of this chapter, and may authorize filming other than during the hours herein described or may permit filming at a particular location in a residential zone for more than three days, to a maximum of 10 days at any one location other than in connection with major motion pictures, as further provided for in § 160-14, or may waive any other limitation or requirement of this chapter whenever it determines that such a permit may be issued without endangering the public health, safety and welfare. In determining whether to issue a waiver under this section, the Administrator shall consider the following factors:
A.
Traffic congestion at the location caused by vehicles
to be parked on the public street;
B.
Applicant's ability to remove film-related vehicles
off the public streets;
C.
When 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;
E.
Prior experience of the film company/applicant with
the Borough, if any.
Copies of the approved permit will be sent to
the Police and Fire Department before filming takes place, and to
the New Jersey Film Commission. The applicant shall permit the Fire
Prevention Bureau or other Borough inspectors to inspect the site
and the equipment to be used. The applicant shall comply with all
safety instructions issued by the Fire Prevention Bureau or other
Borough inspectors.
In addition to any other fees or costs mentioned
in this chapter, the applicant shall reimburse the Borough for any
lost revenue, such as parking meter revenue, repairs to public property
or other revenues that the Borough was prevented from earning because
of filming.
A.
When filming is requested with respect to a major
motion picture, the approved location of such filming and approved
duration of such filming by specific reference to day or dates shall
not exceed five days in duration.
The schedule of fees for the issuance of permits
authorized by this chapter are as follows:
A.
Basic filming permit: $75. Where an applicant requests a waiver of the provision of § 160-4 requiring expedited processing of the permit application, the basic filming permit fee shall be $125.
B.
Daily filming fee payable in addition to the basic
filming permit: $200 per day.
C.
Filming permit for nonprofit applicants filming for
educational purposes (no daily rate required): $25.
