[HISTORY: Adopted by the City Council of the City of Rahway 7-13-2009 by Ord. No.
O-24-09. 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, on computer/internet
or in theaters or for institutional use.
Any and every public street, highway, or sidewalk within
the City which is within the jurisdiction and control of the City.
A.
No person shall film or permit filming within the City of Rahway
without first obtaining a permit therefor, which permit shall set
forth the location of such filming and the date or dates when the
filming shall take place. Applicants must apply no less than five
days prior to the first date that filming is to take place.
[Amended 9-11-2023 by Ord. No. O-38-23]
B.
Permits shall be obtained in the office of the City Clerk or their
designee during normal business hours. Applications for such permits
shall be in a form approved by the City Clerk or their designee and
shall be accompanied by a permit fee in the amount established by
ordinance of the City of Rahway.
[Amended 9-11-2023 by Ord. No. O-38-23]
C.
One permit shall be required for each filming location.
D.
One permit shall be sufficient to authorize outdoor filming on two
days and indoor filming on two days within a period of not more than
10 days beginning on the date of issuance of the permit, provided
that each such date on which filming is to take place shall be specified
in the permit.
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 City Clerk or their designee 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.
[Amended 9-11-2023 by Ord. No. O-38-23]
A.
No permit shall be issued for filming upon public lands within the
City of Rahway 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 and for any aggregate occurrence
in the amount of $3,000,000. The City of Rahway shall be named as
an additional insured on the policy and a certificate of insurance
shall be delivered to the City at the time that the permit is issued.
(2)
Agrees in writing to indemnify and save harmless the City of Rahway
from any and all liability or damages resulting from the use of such
public lands.
(3)
Posts a bond in an amount to be determined by the City Clerk or their
designee to guarantee and secure the City against any damage to person
or property and to guarantee cleanup and restoration of areas in which
the filming takes place or other areas which may be damaged or destroyed
because of the activities of the filming. If no claim is made upon
the bond, the bond shall be returned to the permit holder within 30
days of the completion of the filming.
[Amended 9-11-2023 by Ord. No. O-38-23]
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 lawful directives issued by the
City Police Department with respect thereto. The holder of a permit
shall be required to maintain security on filming locations to the
satisfaction of the City Police Department. When, in the judgment
of the Director of Police, or their designee, the presence of additional
security in the form of police, fire or code enforcement personnel
are required in connection with the filming, the applicant shall reimburse
the City for the cost of such personnel.
[Amended 9-11-2023 by Ord. No. O-38-23]
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 the 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,
unless otherwise specifically included in the permit.
F.
The City Clerk or their designee may refuse to issue a permit whenever
they determine, on the basis of objective facts and after a review
of the application and a report thereon by the Police Department and
by other City departments involved with the proposed filming site,
that filming at the location and/or 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.
[Amended 9-11-2023 by Ord. No. O-38-23]
G.
Any person aggrieved by a decision of the City Clerk or their designee denying or revoking a permit or a person requesting relief pursuant to Subsection F may appeal to the City Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the City Clerk or their designee. An appeal from the decision of the City Clerk or their designee shall be filed within 10 days of the City Clerk or their designee’s decision. The City 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 City Council shall be in the form of a resolution. A resolution supporting the decision of the City Clerk or their designee or granting relief pursuant to Subsection I shall be approved by the City Council at the first regularly scheduled public meeting of the City 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 City Clerk or their designee shall be deemed to be reversed and a permit shall be issued in conformity with the application or the relief pursuant to Subsection F shall be deemed denied.
[Amended 9-11-2023 by Ord. No. O-38-23]
H.
The City Clerk or their designee 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 requirement of this chapter whenever they
determine 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.
[Amended 9-11-2023 by Ord. No. O-38-23]
I.
The applicant shall provide specific details as it pertains to Fire
and Police related safety matters to the Economic Development Officer
or their designee prior to obtaining a film permit. The specific details
shall be transmitted to relevant City departments. City departments
shall have the option to inspect the site and/or indicate required
equipment or changes related to public safety. The applicant shall
comply with all fire and safety instructions issued by the Fire Department,
Police Department or other City departments.
[Amended 9-11-2023 by Ord. No. O-38-23]
J.
No more than 10 permits may be issued for any location within any
calendar year unless a waiver is granted by the City Clerk or their
designee.
[Amended 9-11-2023 by Ord. No. O-38-23]
[Amended 9-11-2023 by Ord. No. O-38-23]
All application fees are nonrefundable and payable upon submission
of the application to the City Clerk or their designee. All permit
fees are payable upon issuance of a permit by the City Clerk. The
fee scheduled for film permits shall be as follows:
A.
B.
Filming on private property, written permission of property owner
required:
(1)
Major motion picture/budget over $5,000,000 or recurrent weekly television
program:
(a)
Nonrefundable application fee: $100, payable upon submission
of application.
C.
Filming on both private property and public land, streets, rights-of-way or public buildings shall submit a single application fee based on the applicable rate in § 203-4A. The daily filming fee indicated in § 203-4A will apply for those days filming is scheduled on public land, streets, rights-of-way or public buildings.
D.
And, in addition thereto, any meter revenue which is lost by the City due to the inaccessibility of the meters for parking on the days of production. The determination of which meters shall be dedicated to the filming shall be determined for safety reasons by the Police Director or their designee. Any denial by the Police Director or their designee shall first be appealed to the City Clerk or their designee and thereafter as set forth in § 203-3G hereinabove.
The provisions of this chapter shall not apply to the filming
of news stories within the City of Rahway.
