[HISTORY: Adopted by the Township Council of the Township
of Marlboro 1-6-2011 by Ord. No. 2010-32. Amendments noted where applicable.]
A.
The Township Council of the Township of Marlboro recognizes that
the filming of motion pictures within the Township of Marlboro has
been increasing and will continue to increase in the future.
B.
The production of motion pictures within the Township of Marlboro requires various regulations to preserve the general health, safety and welfare of Marlboro inhabitants; in addition, the imposition of various fees is required to offset administrative costs incurred in processing permit applications and conducting the requisite inspections. The Township of Marlboro hereby enacts Chapter 236 of the Code of the Township of Marlboro to establish fees and regulations governing motion-picture filming.
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 similar recording 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 Township of Marlboro.
Any and every public street, highway, sidewalk, square, public
park or playground, or any other public place within the Township
of Marlboro which is within the jurisdiction and control of the Township
of Marlboro.
A.
No person or organization shall film or permit filming on public
lands within the Township of Marlboro without first having obtained
a permit from the office of the Business Administrator, which permit
shall set forth the approved location of such filming and the approved
duration of such filming by specific reference to day or dates. Said
permit must be readily available for inspection by Municipal officials
at all times at the site of the filming.
B.
All permits shall be applied for and obtained from the office of the Business Administrator during normal business hours. Applications for such permits shall be in a form approved by the Business Administrator and be accompanied by a permit fee in the amount established in § 236-5 herein.
C.
One permit shall be sufficient to authorize outdoor or indoor filming for a period not to exceed three consecutive days in any single location, provided that the maximum number of permits that may be authorized in any calendar year shall not exceed two in any single location without a waiver pursuant to § 236-4.
D.
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 Business 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 permits will be issued by the Business Administrator unless applied
for prior to three days before the requested shooting date; provided,
however, that the Business Administrator may waive the three-day period
if, in his judgment, the applicant has obtained all related approvals
and adjacent property owners or tenants do not need to be notified.
B.
Filming in residential zones shall be permitted Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m., and all activity shall meet the standards of Chapter 241, Noise, of the Township Code, provided that all requests for night scenes shall be approved in the permit to be granted in accordance with § 236-4F. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.
C.
No permit shall be issued for filming upon public lands unless the
applicant shall provide the Township with satisfactory proof of the
following:
(2)
An agreement, in writing, whereby the applicant agrees to indemnify
and save harmless the Township of Marlboro from any and all liability,
expense, claim or damages resulting from the use of public lands.
(3)
The posting of a cash bond of $500 or maintenance bond of $1,000
running in favor of the Township of Marlboro and protecting and ensuring
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 Township ordinances, laws and regulations will be followed.
Within 30 days of the completion of the filming, the Township of Marlboro
will return the bond if there has been no damage to public property
or public expense caused by the filming.
(4)
Accommodations have been made to provide toilet facilities required
by filming participants.
(5)
The hiring of an off-duty Marlboro police officer at rates set by
the Marlboro Police Department for the times indicated on the permit.
The Chief of Police shall determine, in his discretion, the number
of officers required to maintain the public safety.
D.
The holder of the 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 Marlboro Police Department with respect thereto.
E.
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.
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 informed that objections may be filed with the Business Administrator,
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 Business Administrator
within two days of the requested shooting date.
F.
The Business Administrator may refuse to issue a permit whenever
he determines, after a review of the application and a report thereon
by the Police Department and by other agencies involved with the proposed
filming, 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, or if the Business
Administrator otherwise determines that the filming on public lands
would not serve the best interests of the Township of Marlboro. Further,
the Township reserves the right to require one or more on-site patrolmen
in situations where the proposed production may impede the proper
flow of traffic or in any other way jeopardize the public safety;
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.
G.
Copies of the permit application will be sent to the Police Department
and Fire Prevention Bureau and the New Jersey Motion Picture and Television
Commission for review before filming takes place. The applicant shall
permit the Fire Prevention Bureau or other municipal 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 Township inspectors.
H.
In addition to any other fees or costs mentioned in this chapter,
the applicant shall reimburse the Township for any lost revenue such
as repairs to public property or other revenues that the Township
was prevented from earning because of filming.
The schedule of fees for the issuance of permits authorized
by this chapter are as follows:
A.
Nothing in this chapter shall be construed to impair or limit in
any way any other power of the Township of Marlboro to define and
declare nuisances and to cause their removal or abatement by summary
proceedings or otherwise.
B.
Nothing in this chapter shall be construed to abrogate or impair
the power of the Township of Marlboro or any officer or department
to enforce any provisions of its charter or its ordinances or regulations,
nor to prevent or punish violations thereof, and the powers conferred
by this chapter shall be in addition and supplemental to the powers
conferred upon the Township by any other law or ordinance.
If any clause, sentence, subdivision, paragraph, section or
part of this chapter shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, subdivision, paragraph, section or part thereof
directly involved in the controversy in which said judgment shall
have been rendered.
Any person violating this chapter or these rules and regulations,
upon conviction therefor, 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.
