[HISTORY: Adopted by the Borough of Rutherford
Council 2-20-2001 by Ord. No. 2958-01. Former Ch. 34, Fire Prevention,
adopted 5-18-1982 by Ord. No. 2319-82, as amended, was repealed 9-6-1989
by Ord. No. 2551-89. 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 on film or
videotape or similar recording medium, for commercial or educational
purposes, intended for viewing on television, computers, in theaters,
for institutional uses, or over the internet. The provisions of this
chapter shall not be deemed to include the filming of news stories
within the Borough of Rutherford.
Any film which is financed and/or distributed by a major
motion picture studio, including but not limited to the following:
Universal Pictures, Warner Brothers, including New Line Cinema, Castle
Rock Cinema, and Turner Production Company, Paramount, 20th Century
Fox, Columbia/Tri-Star, Disney, MGM United Artists, Dreamworks, and
Sony; or any film for which the budget is at least $5,000,000; or
any recurrent television series programming.
[Amended 8-23-2021 by Ord. No. 3574-21]
Any and every public street, highway, sidewalk, square, public
park or playground or any other public place within the borough that
is within the jurisdiction and control of the Borough of Rutherford.
A.
No person or organization shall film or permit filming,
or the setup or breakdown of filming apparatus, or the parking of
commercial vehicles used for or assisting in filming, on public lands
within the Borough of Rutherford, or on private property, without
first having applied for and obtained a permit from the office of
the Borough Clerk. Application for such permits shall be in a form
approved by the Borough Clerk and shall be accompanied by the permit
and other fees required under this chapter. The application shall
require that the applicant designate the names of all organizations
involved in the filming, and shall require a designation, by name,
address, and telephone number, of at least two persons directly connected
with the filming. At least one of these designees shall be required
to be present and in charge at the scene of the filming at all times.
B.
The permit shall set forth the approved location or
locations and approved duration of the filming by specific reference
to day or dates. The permit must be readily available at all times
at the site of any filming.
C.
Copies of the approved permit will be sent to the
Borough Police Department and Borough Fire Official before filming
takes place, and to the New Jersey Film Commission. The permit holder
shall allow borough personnel to inspect the site and the equipment
to be used, said inspections not to unreasonably interfere with the
filming. The permit holder shall comply with all safety instructions
issued by the Police Department and/or the Fire Official and/or by
any other authorized borough personnel.
A.
No permit shall authorize filming for more than ten
consecutive days in any one location. This limitation may be extended
if the requested filming constitutes a major motion picture, or if
a longer term for filming has been negotiated and approved.
B.
Filming in residential areas may be permitted Monday
through Friday between the hours of 7:00 a.m. and 9:00 p.m. The setup,
production, and breakdown required by all filming shall be completed
during the hours set forth herein.
C.
The Borough Administrator may authorize filming other
than during the days or hours or time period set forth herein. In
determining whether to allow an extension of time for filming, the
following factors shall be considered:
(1)
Traffic congestion at the location caused by vehicles
to be parked on the public streets;
(2)
Applicant's ability to remove film-related vehicles
off the public streets;
(3)
Restrictions on the use of public streets or public
parking during the course of the filming;
(4)
Nature of the film shoot itself, e.g., indoor or outdoors,
day or night;
(5)
Prior experience of the film company applicant with
the borough, if any;
(6)
Such other factors as shall reasonably be considered
in rendering a decision.
A.
No permits will be issued by the Borough Clerk unless
application is made for the permit at least five days before the requested
starting date. The Borough Administrator may waive any part of the
five-day period if, in his or her judgment, the applicant has obtained
all necessary approvals and adjacent businesses, merchants, or residents
do not need to be notified.
B.
When directed by the Borough Clerk or the Borough
Administrator, or where the applicant's filming activity, by reason
of location or otherwise, will directly involve or affect any businesses,
merchants or residents, the applicant shall give all affected parties
written notice of the filming application at least three days before
the requested starting date. The affected parties shall be informed
that they may file written objections with the Borough Clerk within
one day of the notice of the filming application being served. Any
written objections received by the Borough Clerk shall form a part
of the application and shall be considered in review of the application.
The applicant shall submit proof of service of the required notices
to the Borough Clerk within one day of the notices being served. The
Borough Clerk may require also that the applicant obtain and submit
the signatures of the businesses, merchants, or residents, each indicating
his or her approval or disapproval, which shall form a part of the
application and shall be considered in review of the application.
C.
The Borough Administrator may require that the application
and the proposed filming be reviewed by the Police Department, Fire
Official, and/or such other agencies as deemed necessary to protect
the public health, safety, and welfare, or to ensure the proper operation
of borough services. Any consulted borough personnel shall provide
a written summary of the review to the Borough Administrator, which
shall be considered as part of the application.
D.
The Borough Administrator may refuse to issue a permit
whenever it is determined, on the basis of objective facts and after
a review of the application, that filming at the location and/or the
requested times would violate any law or ordinance, would unreasonably
interfere with the use and enjoyment of adjoining properties or public
lands, would unreasonably impede the free flow of vehicular or pedestrian
traffic, would unreasonably interfere with the proper operation of
borough services, or would otherwise endanger the public's health,
safety or welfare.
E.
Any person who is aggrieved by a decision of the Borough
Administrator to grant, deny or revoke a permit, or to grant an extension
of time for filming, may appeal to the Appeal Subcommittee of the
Film and Arts Committee of the Borough of Rutherford. The aggrieved
party shall file a written notice of appeal setting forth the reasons
for the appeal with the Borough Clerk. An appeal from the decision
of the Administrator shall be filed no later than one day from the
date of the Administrator's decision.
F.
The Appeal Subcommittee shall consist of three members
of the Film and Arts Committee. The members of the Film and Arts Committee
shall serve on the Appeal Subcommittee on a rotating basis. The Borough
Administrator and the Borough Clerk shall be prohibited from serving
on the Appeal Subcommittee. In any particular matter, any member with
a conflict of interest or an appearance of a conflict of interest
shall not sit on the Appeal Subcommittee.
G.
The Appeal Subcommittee shall set the matter down
for a hearing and shall provide notice to the aggrieved person. The
hearing shall be held at any time within three days from the filing
of the notice of the appeal. The hearing shall be open to the public.
Immediately after the hearing, or at such other time as it shall deem
appropriate, the Appeal Subcommittee shall issue its decision in support
or rejection of the Borough Administrator's decision.
A.
No permit shall be issued for filming upon public
lands unless the applicant shall provide the borough with satisfactory
proof of the following:
(1)
Proof of insurance coverage for the duration of filming
as follows: For bodily injury to any one person in the amount of $500,000
and any occurrence in the aggregate amount of $1,000,000 and for property
damage to borough property for each occurrence in the aggregate amount
of $500,000. The applicant shall name the Borough of Rutherford as
an additional named insured on the policy, and proof of the certificate
of insurance shall be required to be provided before the filming commences.
The permit holder shall be responsible for insuring its own property.
In no event shall the Borough of Rutherford provide insurance for
any of the permit holder's property or actions. The permit holder
shall provide workers' compensation insurance and shall comply with
New Jersey's workers' compensation statutes where necessary under
the law.
(2)
An agreement, in writing, in a form approved by the
borough and included in the application, whereby the applicant agrees
to indemnify and save harmless the Borough of Rutherford and its agents,
employees, and personnel, from any and all liability, expense, claim
or damages resulting from the use of public lands or from the issuance
of the permit.
(3)
For a major motion picture or an approved longer-term
permit, the posting of a cash bond or a maintenance bond in the amount
of not less than $1,500 running in favor of the borough, or the payment
of a cash security deposit in the amount of not less than $1,500,
which amount can be increased at the discretion of the Borough Administrator.
For all other filming, the necessity for and amount of a bond or security
deposit shall be determined by the Borough Administrator or the Borough
Clerk. The bond or security deposit is required for the purposes of
protecting and insuring that the film location will be left in a satisfactory
condition, tree of debris, rubbish and equipment, that all required
fees will be paid, and that all borough ordinances and regulations
will be followed. Within 14 days after completion of all filming under
the permit, the borough will return the bond or security deposit,
provided the permit holder has complied with all of the terms of this
chapter.
B.
In addition, each applicant who is issued a permit
for filming on either public or private lands shall be required to
abide by the following:
(1)
The permit holder shall take all reasonable steps
to minimize interference with the passage of pedestrians and traffic
over public lands and shall comply with all lawful directives issued
by the Police Department and/or the Fire Official or other authorized
Borough personnel with respect thereto.
(2)
The permit holder 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 permit 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.
(3)
The permit holder shall comply with all applicable
federal and state laws and regulations, and shall comply with all
applicable borough ordinances.
(4)
If any scenes of partial or total nudity, public urination,
violence, war, or other potentially offensive or harmful material
is to be filmed, the applicant shall be required to state the nature
of the material in the initial application. The permit holder where
such filming shall occur shall take all reasonable steps to shield
such filming and scenes from the public view, and shall respond to
and follow all directives of the Borough Administrator with respect
thereto. Such directives shall be issued whenever there are concerns
about the public health, safety, and welfare.
(5)
The Borough Administrator may require one or more
on-site police officers, fire personnel, or other Borough personnel
in situations where the proposed production may impede the proper
flow of traffic, impact on the provision of borough services, or for
other public health, safety, or welfare reasons. The permit holder
shall pay for all costs associated with the use of borough personnel.
Where existing electrical power lines are to be used by the production,
an on-site licensed electrician may be required if the production
company does not have a licensed electrician on staff.
The schedule of fees required for filming are
as follows:
A.
Basic permit fee.
(1)
Basic filming permit for filming on public or private
lands: $150.
[Amended 8-23-2021 by Ord. No. 3574-21]
(2)
Basic filming permit for applicant requesting waiver
of the five-day notice period provided above: $250.
[Amended 8-23-2021 by Ord. No. 3574-21]
(3)
Basic filming permit for nonprofit applicants filming
for educational purposes: $50.
(4)
Basic filming permit fee is waived for active members
of the Borough BID who are in good standing and for all West End business
owners, so long as the proposed filming is limited to self-promotion
of the business located in the BID or the West End. The "West End"
is defined as all businesses located on Union Avenue between Jackson
Avenue and Erie Avenue; on Jackson Avenue between Passaic Avenue and
Erie Avenue; on Erie Avenue between Union Avenue and Washington Avenue.
The Borough Administrator, in his or her discretion, may waive the
basic filming permit fee for other businesses, so long as the proposed
filming is for self-promotion of the business.
(5)
The basic filming permit is nonrefundable and must
be paid at the time of submission of the application.
(6)
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 as deemed necessary by the
Borough Clerk or Borough Administrator. No additional basic permit
fee shall be required for the reissued permit.
B.
Daily filming fee.
[Amended 8-23-2021 by Ord. No. 3574-21]
(1)
Daily filming fee for filming: $500 per day.
(2)
Daily filming fee for major motion picture for filming
on public lands: $1,500 per day.
(3)
No daily rate is required for nonprofit applicants
filming for educational purposes. The Borough Administrator, in consultation
with the Mayor, may determine to negotiate a flat fee for filming
for approved longer-term permits.
(4)
The daily filming fee shall be payable in full at
the time the permit is approved and issued. The daily filming fee
shall be nonrefundable.
C.
Parking fees for filming.
[Amended 8-23-2021 by Ord. No. 3574-21]
(1)
Fee for use of metered space: $40 per day per metered
space.
(2)
Fee for parking in nonmetered areas: $25 per day per
passenger vehicle and $50 per day per commercial vehicle.
(3)
The Borough Administrator, in consultation with the
Mayor, may determine to negotiate a fiat fee for parking for approved
major motion pictures.
(4)
The parking fees shall be payable at the time of issuance
of the permit, and at such other times as shall be required due to
increased parking by the permit holder. The Borough Clerk shall have
the authority to override these fees where negotiation of a flat fee
is more reasonable.
(5)
There shall be no overnight parking allowed under
any circumstances.
(6)
The
parking fees for filming shall be nonrefundable.
D.
Other fees. The permit holder shall reimburse the Borough
for any lost revenue, reimbursement for lower meter revenues, use
of Borough resources (such as water or electricity), repairs to or
cleanup of public property, for use of any Borough personnel, such
as police officers, and for any other cost incurred by the Borough
that is connected to the permit holder's filming. Such reimbursements
shall be paid immediately upon being incurred, or shall be deducted
from the bond or security deposit required under this chapter. If
additional monies are due from the permit holder, the Borough shall
bill the permit holder, and all payment is due within 30 days of the
date of the invoice. If full payment is not made within 30 days, the
lack of payment shall be considered a violation of this chapter, and
punishable as same.
A.
Any person violating this chapter, upon conviction
thereof, shall be punished by a fine not exceeding $1,000 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.
B.
Violations may be charged against the owner of the
property where the violation occurs, or against the person who is
actually committing the violation, or both. If a corporate entity
is involved, the charges may be lodged against the corporate president,
managing agent, registered agent, and/or shareholders.
