[HISTORY: Adopted by the Mayor and Council of the Borough
of Edgewater 4-19-2010 by Ord. No. 1429-2010. 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 current technology medium, for commercial or educational
purposes intended for viewing on television, in theaters or for institutional
uses. The provisions of this chapter shall not be deemed to include
the filming of news stories within the Borough of Edgewater.
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,
Turner Production Company, Village Road Show and Bel-Aire;
Paramount, including MTV Films and Nickelodeon Movie;
Twentieth Century Fox, including Fox Searchlight;
Columbia/Tri-Star;
Sony/Columbia;
Disney/Miramax;
MGMUnited Artists;
Dreamworks; and
Any film for which the budget is at least $5,000,000.
Any and every public street, highway, sidewalk, square, public
park or playground or any other public place within the Borough which
is within the jurisdiction and control of the Borough of Edgewater.
A.
No person or organization shall film or permit filming within the Borough of Edgewater without first having obtained a permit from the Borough Clerk, which permit shall set forth the approved location and duration of such filming by specific reference to day or dates. Except as otherwise provided in this chapter, 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 this six-day maximum. This six-day limitation may be extended only if the filming requested constitutes a major motion picture and the Borough Clerk has considered the factors in § 188-3H before approaching such a request. A denial of this request is appealable to the Mayor and Council in accordance with the provisions of § 188-3G. The permit or a true copy must be readily available for inspection by Borough officials at all times at the site of the filming.
B.
All permits shall be applied for from the Borough Clerk during normal
business hours. Applications for such permits shall be in a form approved
by the Borough Clerk accompanied by a permit fee in the amount set
forth herein below.
C.
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. No additional fee shall be paid
for this permit.
A.
No permit will be issued by the Borough Clerk unless applied for
at least five days prior to the requested shooting date; provided,
however, that the Borough Clerk may waive the five-day period if,
in the Borough Clerk's judgment, the applicant has obtained all
related approvals and adjacent property owners or tenants do not need
to be notified.
B.
No permit shall be issued for filming upon public lands unless the
applicant shall provide the Borough with satisfactory proof of the
following:
(1)
Certificate of insurance specifically naming the Borough of Edgewater
as an additional insured, providing general liability, bodily injury
and property damage coverage with minimum limits of liability not
less than $1,000,000 combined single limit. The certificate shall
state that "the issuing company shall mail 30 days' written notice
to the certificate holder named, certified mail return receipt."
(2)
An agreement, in writing, whereby the applicant agrees to indemnify
and save harmless the Borough of Edgewater from any and all liability,
expense, claim or damages resulting from the use of public lands.
(3)
The posting of a cash or surety bond of $550 in favor of the Borough
to ensure that the location utilized will be left, after filming,
in a satisfactory condition, free of debris, rubbish and equipment,
and that due observance of all ordinances, laws and regulations will
be followed. Within seven days of the completion of the filming, the
Borough will return the bond if there has been no damage to public
property or public expense caused by the filming.
(4)
The hiring of an off-duty Edgewater police officer for the times
indicated on the permit.
C.
The holder of a permit 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 Edgewater
Police Department with respect thereto.
D.
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 activities on such public lands.
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 that objections may be filed with the Borough
Clerk, said objections to form a part of the 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 Clerk within
two days of the requested shooting date.
E.
Filming in residential zones shall be permitted Monday through Friday between the hours of 7:30 a.m. and 9:00 p.m., provided that all requests for night scenes shall be approved in the permit to be granted in accordance with the provisions of Subsection H herein below. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.
F.
Notwithstanding anything to the contrary in this chapter, the Borough
Clerk may refuse to issue a permit whenever the Borough Clerk 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. Further, 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 patrolman 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.
G.
Any person aggrieved by a decision of the Borough Clerk denying or revoking a permit or a person requesting relief pursuant to Subsection D 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 Clerk. An appeal from the decision of the Borough Clerk shall be filed within 10 days of the Borough Clerk'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 Clerk 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.
H.
The Borough Clerk may authorize filming other than during the hours
herein described only consistent with this subsection. In determining
whether to allow an extension of time under this subsection, the Borough
Clerk shall consider the following factors:
(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)
When the applicant is requesting restrictions on the use of public
parking during the course of the filming;
(4)
Nature of the film shoot itself; e.g., indoors or outdoors, day or
night; and
(5)
Prior experience of the film company/applicant with the Borough,
if any.
I.
Copies of the approved permit shall be sent to the Police Department
and Fire Department before filming takes place and to the New Jersey
Film Commission. The applicant shall permit the Fire Prevention Bureau
or other Borough inspectors to inspect the site and the equipment
to be used. The applicant shall comply with all safety instructions
issued by the Fire Prevention Bureau or other Borough inspectors.
J.
In addition to any other fees or costs mentioned in this chapter,
the applicant shall reimburse the Borough for any lost revenue that
the Borough was prevented from earning because of filming.
The schedule of fees for the issuance of permits authorized
by this chapter is as follows:
A.
Basic filming permit: $75. (Where an applicant requests a waiver of the provision of § 188-3A requiring expedited processing of the permit application, the basic filming permit shall be $125.)
B.
Daily filming fee payable in addition to the basic filming permit:
$500 per day.
C.
Daily filming fee payable for major motion picture: $1,500 per day.
D.
Filming permit for nonprofit applicants filming for educational purposes
(no daily rate required): $25.
Where the owner of the premises is not the applicant for a permit by this chapter, both the owner and the applicant shall each be liable for violations hereof. Any persons violating this chapter or these rules and regulations, upon conviction thereof, shall be punished as provided in Chapter 1, Article II, General Penalty. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
