[HISTORY: Adopted by the Borough Council
of the Borough of Upper Saddle River 7-9-2008 by Ord. No. 6-08. 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, videotape,
or similar recording medium, for commercial or educational purposes
intended for viewing on video receivers, television or in theaters
or for institutional use.
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 and
Castle Rock Cinema.
Paramount, including MTV Films and Nickelodeon
Movie.
20th Century Fox, including Fox Searchlight.
Sony/Columbia.
Disney/Miramax.
MGMUnited Artists.
Dreamworks.
Any film for which the budget is at least $5,000,000.
Recurrent weekly television series programming.
Any and every public street, highway, sidewalk, square, public
park, playground or any other public place within the Borough which
is within the jurisdiction and control of the Borough of Upper Saddle
River.
A.
No person shall film or permit filming within the
Borough of Upper Saddle River without first obtaining a permit therefor,
which permit shall set forth the location of such filming and the
date or dates when filming shall take place. A permit is required
to be applied for at least five days prior to the first date that
filming is to take place.
B.
Permits shall be obtained in the office of the Borough
Administrator during normal business hours. Applications 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 herein.
C.
One permit shall be required for each location.
D.
No permit shall authorize filming for more than three
consecutive days in any one location and, in no event, shall filming
at one location within the Borough exceed a total of six days in any
one calendar year, regardless of the number of permits utilized in
reaching the six-day maximum. This six-day limitation may be extended
only if the filming requested constitutes a major motion picture as
defined herein. When filming is requested with respect to a major
motion picture, the approved location of such filming and approved
duration to such filming by specific reference to day or dates shall
not exceed six days in duration. Any days necessary to be used for
setup in preparation for a major motion picture filming may, in the
discretion of the Borough Administrator, be counted as a filming day
where such setup is anticipated to involve the following: traffic
congestion at the location caused by vehicles to be parked on the
public street; applicant's ability to remove film-related vehicles
off the public street; when the applicant is requesting restrictions
on the use of public streets or public parking during the course of
the filming; nature of the film shoot itself, e.g., indoor or outdoor,
day or night; prior experience of the film company/applicant with
the Borough, if any; and consultation with the Council representative
of the Planning Board/Board of Adjustment. The Borough Administrator,
in his or her discretion, may extend the six-day filming location
limitation provided for herein where such filming occurs entirely
upon public lands following a favorable review of the factors set
forth herein.
E.
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,
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.
No permit shall be issued for filming upon public
lands within the Borough of Upper Saddle River unless the applicant
for such permit:
(1)
Provides proof of insurance coverage for bodily injury
for any one person in the amount of $1,000,000, for any aggregate
occurrence in the amount of $3,000,000 and for property damage for
each occurrence in the aggregate amount of $500,000. The Borough of
Upper Saddle River shall be named as an additional insured on the
policy, and a certificate of insurance shall be delivered to the Borough
at the time that the permit is issued.
(2)
Agrees, in writing, to indemnify and save harmless
the Borough of Upper Saddle River from any and all liability or damages
resulting from the use of such public lands.
(3)
Posts a cash or maintenance bond of $1,000 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 observation of all Borough ordinances,
laws and regulations will be followed. If no claim is made upon the
bond, the bond shall be returned to the permittee within 30 days of
the completion of the filming.
B.
The holder of a 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 Borough Police Department with respect thereto.
C.
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.
D.
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, signage,
and other rubbish from the filming location upon the completion of
filming or the expiration of the permit, whichever comes first.
E.
Filming shall be permitted only Monday through Friday
between the hours of 8:00 a.m. and 7:00 p.m. or sundown, whichever
is earlier, provided that all requests for night scenes shall be approved
in the permit to be granted in accordance with these regulations.
The setup, production and breakdown required by all filming shall
be included in the hours as set forth herein.
F.
Where the applicant's production activity, by reason
of location or otherwise, will directly involve and/or effect 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, and any objections may be filed with the Borough
Administrator, 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 Administrator
within two days of the requested shooting date.
G.
The Borough reserves the right to require one or more
on-site patrolmen in situations where the proposed production may
impede the proper flow of traffic; the cost of said patrolmen 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.
H.
The Borough Administrator 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 10 days or may waive any
other limitation or requirements of this chapter whenever he 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.
I.
Copies of the approved permit will be sent to the
Police and Fire Departments before filming takes place and to the
New Jersey Film Commission. The applicant shall notify the Fire Department
and the Police Department 24 hours before filming takes place and
permit the Fire Department and the Police Department to inspect the
site and the equipment to be used. The applicant shall comply with
all fire and safety instructions issued by the Fire Department and
the Police Department.
The schedule of fees for the issuance of permits
authorized herein are as follows:
A.
Basic filming permit: $200. Where an applicant requests a waiver of the provisions of § 50-2A requiring expedited processing of the permit application, the basic filming fee shall be $250.
B.
Daily filming fee in addition to the basic filming
permit: $1,000 per day.
D.
Filming permit for nonprofit applicants filming for
educational purposes (no daily rate required): $25.
The provisions of this chapter shall not apply
to the filming of news stories within the Borough of Upper Saddle
River.
Where the owner of the premises is not the applicant
for a permit required by this chapter, both the owner and the applicant
shall each be liable for violations hereof. Any person, firm, or corporation
violating this chapter or these rules and regulations, upon conviction
thereof, shall be punished by a fine not exceeding $1,000 per day
or by imprisonment 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.