Borough of Ho-Ho-Kus, NJ Chapter 23 Filming

[HISTORY:[1] Adopted by the Mayor and Council of the Borough of Ho-Ho-Kus 9-22-2001 by Ord. No. 843. Amendments noted where applicable.]

[1] Editor's Note: Former Ch. 23, Explosives and Combustibles, adopted 5-17-1949 by Ord. No. 257, was repealed 10-24-1967 by Ord. No. 441.

§ 23-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

FILMING

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.

MAJOR MOTION PICTURE/TELEVISION SERIES

Any film which is financed and/or distributed by a major motion picture studio, including but not limited to the following:

A. Universal Pictures.

B. Warner Brothers, including New Line Cinema, Castle Rock Cinema.

C. Paramount, including MTV Films and Nickelodeon Movie.

D. 20th Century Fox, including Fox Searchlight.

E. Sony/Columbia.

F. Disney/Miramax.

G. MGM/United Artists.

H. Dreamworks.

I. Any film for which the budget is at least $5,000,000.

J. Recurrent weekly television series programming.

PUBLIC LANDS

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 Ho-Ho-Kus.

§ 23-2 Permit requirements.

A. No person shall film or permit filming within the Borough of Ho-Ho-Kus 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. Said permit must be readily available for inspection by Borough officials at all times at the site of the filming.

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 of such filming by specific reference to day or dates shall not exceed six days in duration. Any days necessary to be used for set up in preparation for a major motion picture filming may, in the discretion of the Borough Administrator, be counted as a filming day where such set up 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 appropriate Council representative as designated by the Mayor. 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.

F. The Borough Administrator may refuse to issue a permit whenever the Administrator 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 enjoyment of adjoining properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise endanger the public's health, safety or welfare.

G. Any person aggrieved by a decision of the Borough Administrator denying or revoking a permit or person requesting relief pursuant to Subsection F may appeal to the Mayor and Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Borough Administrator. An appeal from the decision of the Borough Administrator shall be filed within 10 days of the Borough 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 or reversing the decision of the Borough Administrator 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.

§ 23-3 Rules and regulations.

A. No permit shall be issued for filming upon public lands within the Borough of Ho-Ho-Kus 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 Ho-Ho-Kus 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 Ho-Ho-Kus 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 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 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, 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 no later than two days prior to 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 six days or may waive any other limitation or requirement of this chapter whenever the Borough Administrator 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. The Borough Administrator may authorize filming other than during the hours herein described. In determining whether to allow an extension of time under this subsection, the Borough Administrator shall consider the following factors:

(1) Traffic congestion of the location caused by vehicles to be parked on a public street;

(2) Applicant's ability to remove film-related vehicles off the public street;

(3) When the applicant is requesting restrictions on the use of public streets or public parking during the course of the filming;

(4) Nature of the filming shoot itself, e.g., indoor or outdoor, day or night; and

(5) Prior experience of the film company/applicant with the Borough, if any.

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.

§ 23-4 Fees.

The schedule of fees for the issuance of permits authorized herein are as follows:

A. Basic filming permit: $100. Where an applicant requests a waiver of the provisions of § 23-2A requiring expedited processing of the permit application, the basic filming fee shall be $125.

B. Daily filming fee in addition to the basic filming permit: $500 per day.

C. Daily filming fee payable for major motion picture: $1,500 per day, except that recurrent weekly television programming fees shall be charged in accordance with Subsections A and B above.

D. Filming permit for nonprofit applicants filming for educational purposes (no daily rate required): $25.

§ 23-5 Exemptions.

The provisions of this chapter shall not apply to the filming of news stories within the Borough of Ho-Ho-Kus.

§ 23-6 Violations and penalties.

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.