As used in this chapter, the following terms shall have the
meanings indicated:
FILMING
A.
The taking of still, motion or digital pictures, either on film,
videotape or any other form, type, method or medium of photographic
or electronic recording by a person or persons other than the owner
of the property being filmed, taped or otherwise recorded, for which
said persons taking said pictures have or will compensate said property
owner, or compensate the designee of said property owner; or
B.
The taking of still, motion or digital pictures, either on film,
videotape, or any other form, type, method or medium of photographic
or electronic recording, intended, in whole or in part, for commercial
use of viewing on television, in theaters, or for advertising purposes
other than the advertising of the property for sale or lease; or
C.
The assembling and setting up on private and/or public property, including but not limited to the property which is being filmed, videotaped or otherwise recorded, of all equipment needed for the filming, videotaping or other forms of recording referenced in Subsection
A or
B of this definition above, as well as the removal of the same upon completion.
[Amended 5-2-2016 by Ord.
No. 6-2016]
A. Unless filming is solely on private property, no person shall film
or permit filming within the Town of Boonton without first obtaining
a permit, which permit shall set forth the location of such filming
and the date or dates when filming shall take place.
[Amended 3-5-2018 by Ord.
No. 4-2018]
B. Permits shall be obtained in the office of the Clerk or Administrator,
and the application for the permit shall be in a form approved by
the Clerk or Administrator or his or her designee, accompanied by
a fee and filed at least five working days prior to the date of filming,
along with a cash bond to cover any expenses the Town might incur
as the result of the filming, the balance, if any, to be returned
by the Town of Boonton. If the filming is to take place on any road,
walkway or public land in Boonton, or will affect the use of any road,
walkway or public land in Boonton, then the application for the permit
shall be filed at least 30 days prior to the date of filming.
(1) The Clerk has the authority to approve a permit request pursuant
to this section so long as the application is complete and meets all
criteria.
(2) If the application is not complete, or if there are exceptional circumstances
associated with the application, the Clerk shall forward the application
to the governing body for review and determination.
C. Fees for a permit for filming and the amount of a cash bond to cover
expenses shall be as follows:
(1) Permit fees shall be as provided in Chapter
130, Fees, Article
III, Fee Schedule. All permit fees shall be nonrefundable.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
No fee for residents of Boonton who are grade school, middle
school, high school, college or university students and wish to film
for educational purposes. Proof of residency and the educational nature
of filming will be required.
(b)
No fee for students enrolled in a Boonton school wishing to
film for educational purposes. Proof of enrollment at a Boonton school
and the educational nature of filming will be required.
(2) Cash bond (amount to be refunded will be less any expenses incurred
by the Town due to filming): $2,500.
D. A permit shall be sufficient to authorize outdoor or indoor filming
for two days, within a period of not more than 10 days beginning on
the date of issuance of the permit. If the filming does not take place
on the dates specified in the permit due to inclement weather or other
good cause, the Clerk or Administrator or his or her designee may
issue a new permit at no additional fee.
E. No more than one permit for each resident may be issued in any one
calendar year.
The provisions of this chapter shall not apply to the filming
of news stories concerning the Town of Boonton and any of the Town
of Boonton activities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person found guilty by the Municipal Court of violating any provision of this chapter shall be subject to the penalties provided in Chapter
1, General Provisions, Article
III, General Penalty.