[HISTORY: Adopted by the Mayor and Township Council of the
Township of Toms River 10-9-2012 by Ord. No. 4378-12. Amendments noted
where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 388.
The Township Council finds and declares as follows:
A.
Although the filming of motion pictures, television shows, advertising
commercials, and other productions can sometimes bring positive exposure
and economic benefits to a community, in many instances these activities
can have negative side effects, unrelated to the subject matter or
expressive content of the film or broadcast, that can seriously disrupt
peace and good order or impose unanticipated costs on the Township,
particularly the additional police protection often required.
B.
Some of these negative side effects include: the presence of trucks
and trailers to house equipment and cast, creating traffic and parking
problems; the attractive nuisance created by the filming, which can
attract crowds of onlookers; excessive noise and lighting; the erection
and placement of filming equipment, which can obstruct public rights-of-way
and other areas; activities extending well in to the late nighttime
or early morning hours, disturbing neighbors' peace and quiet enjoyment;
the necessity of a constant police presence to keep the site secure
and maintain order; and disorderly activities committed by either
crew or cast members, or visitors to the site.
C.
These undesirable effects are particularly acute in residential neighborhoods,
where residents have a legitimate and legally protectable right to
be free from unwanted and unnecessary intrusions into the peace and
sanctity of their homes.
D.
Both the federal and state judiciaries have repeatedly reaffirmed
that the protection of the well-being, tranquility, and privacy of
the home, and the quality of life and aesthetic character of neighborhoods,
is a legitimate governmental interest justifying reasonable time,
place, and manner restrictions on expressive activities, including
filmmaking.
E.
This chapter is intended to advance that interest and control the
undesirable effects of filmmaking.
As used in this chapter, the following terms shall have the
meanings indicated:
The taking of still or motion picture, either on film, videotape,
webcam, or digital recording medium, intended for viewing on television,
in movie theaters, on the Internet, or for institutional uses.
Any and every public street, highway, sidewalk, public park,
playground or any public place which is within the jurisdiction and
control of the Township of Toms River.
Areas zoned as Residential, Rural Residential, Conservation Residential, Multifamily, and Village Office, pursuant to Chapter 348 of the Township Code.
[Amended 5-8-2018 by Ord.
No. 4586-18]
A.
Residential areas. The filming of motion pictures, television shows,
advertisements, and digital productions for profit-making purposes
and for distribution or dissemination in movie theaters; on cable
or broadcast television; or over the Internet, is permitted in residential
areas, provided the following conditions, and all other applicable
requirements of this chapter, are satisfied:
(1)
The production schedule is limited to four weekdays or less per week
for a maximum of 60 days.
(2)
Filming may take place between the hours of 8:00 a.m. and 3:00 p.m.; except that, upon written request, filming at earlier or later hours may be approved by the Business Administrator in accordance with § 295-4D(6).
(3)
Production may involve a maximum of seven crew members, not including
the cast, and a maximum of three vehicles.
(4)
Only handheld cameras and mobile lighting may be used; large electrical
trucks and rigs are prohibited.
(5)
The production must not interfere with any public construction or
other public projects taking place in the vicinity.
(6)
The production must not unreasonably disturb the peace and quiet
enjoyment of the residential area.
(7)
The production must not endanger persons or property or compromise
the health, safety, and welfare of the surrounding residents.
(8)
The production must not film persons or property without proper consent.
B.
Exceptions. The restrictions in Subsection A do not apply to:
(1)
Coverage of news events or matters of public importance by print,
broadcast, or electronic media.
(2)
Filming of limited duration, intended for personal, documentary,
or promotional purposes, conducted primarily or exclusively in the
interior or immediate exterior of a residential dwelling, that does
not involve a movie studio or production company.
A.
Permission to film. The filming of motion pictures, television shows,
and advertisements, produced for commercial or profit-making purposes
and for distribution or dissemination in movie theaters, on cable
or broadcast television, or over the Internet is permitted provided
a permit is obtained as provided herein.
[Amended 5-8-2018 by Ord.
No. 4586-18]
B.
Permit requirements. To obtain a film permit, the following requirements
must be satisfied:
(1)
Issuance. Permits may be obtained from the office of the Township
Clerk upon the filing of an application and payment of all fees required
pursuant to this chapter.
(2)
Permit fee. A fee of $350 per permit shall apply.
(3)
Number of permits. A permit is required for each location where filming
will take place.
(4)
Application deadline. Permits must be applied for no later than 14
days prior to the scheduled filming.
(5)
Content of permits. Permits shall state the approved location, dates,
and times of filming and any conditions imposed thereon.
(6)
Duration of permits. Permits shall be valid for a minimum of one
day and a maximum of 10 days calculated from the date of issuance.
(a)
Longer filming periods require additional permit and payment
of the established permit fee.
(b)
If because of inclement weather or other good cause, filming
must extend beyond the approved dates, the Township Clerk may issue
upon request an extension of the original permit, with no additional
fees, for the days remaining thereon.
(7)
Insurance. As part of the application, the applicant must present
proof of insurance coverage for bodily injury in the amount of $1,000,000
and for any aggregate occurrence in the amount of $3,000,000. The
Township of Toms River shall be named an additional insured on the
policy and a certificate of insurance evidencing the required coverage
must be submitted with the application.
(8)
Notice. Applicants are required to provide written notice to any
residents, businesses, and merchants located within a five-hundred-foot
radius of the film site. The notice shall state the location and approximate
duration, and describe the nature and extent, of the filming. Proof
of this notice shall be submitted as part of the application.
(9)
Hold harmless/indemnification. Applicants must agree to hold harmless
and indemnify the Township for any and all claims, liabilities, judgments,
and damages, including reasonable attorneys' fees and costs of suit,
resulting from death, bodily injury, or property damage arising out
of or in any way connected with their filming activities.
(10)
Additional police protection. If the Township determines that
additional police protection is necessary to maintain peace and good
order and control traffic and spectators at the film site, the full
cost thereof shall be paid by the applicant. The applicant shall execute
an agreement with the Township setting forth the terms and conditions
of this arrangement.
C.
Exceptions: The permit requirement does not apply to:
D.
Rules and regulations. Once a permit is obtained, permit holders
must abide by the following rules and regulations. Failure to do so
shall result in a revocation of the permit and immediate suspension
of all filming activities.
(1)
Permit holders shall take all reasonable measures to minimize interference
with the free passage of pedestrians and vehicular traffic over public
lands and shall comply with all lawful directives issued by the Toms
River Police Department pertaining thereto.
(2)
Permit holders shall film only in permitted areas.
(3)
Permit holders shall minimize inconvenience or discomfort to adjoining
property owners and, to the extent practicable, abate noise and park
vehicles associated with filming off public streets.
(4)
Permit holders shall avoid any interference with previously scheduled
activities upon public lands and limit to the extent possible any
interference with normal activity in public areas.
(5)
Permit holders shall abide by all federal, state, and local laws
and regulations.
(6)
Filming may take place between the hours of 8:00 a.m. and 9:00 p.m.
Upon the applicant's request, a waiver may be granted by the Business
Administrator to film at earlier or later hours, but in no case earlier
than 6:00 a.m. or later 11:00 p.m., provided applicant sufficiently
demonstrates that earlier or later filming will not negatively impact
the surrounding area or adjoining property owners.
E.
Review and approval.
(1)
Permit applications shall be reviewed by the Business Administrator
and any other Township official he or she designates.
(2)
The Business Administrator shall render the final decision whether
to grant or deny a film permit pursuant to this chapter. In rendering
a decision, the Business Administrator shall objectively consider
the requirements of this chapter, the information provided in the
permit application, any recommendations provided by other Township
officials, and any support or objections expressed by the general
public.
(3)
Permits may be denied on any or all of the following grounds:
(a)
The time and location of the filming violates any law or Township
ordinance.
(b)
Filming would unreasonably interfere with the use and enjoyment
of adjoining properties.
(c)
Filming would unreasonably impede the free flow of vehicular
or pedestrian traffic.
(d)
Filming would endanger the public's health, safety, or welfare,
or otherwise create a public nuisance.
(e)
Filming would negatively affect residents' quality of life.
(f)
Filming would negatively impact local businesses.
(g)
Filming would unduly strain Township resources.
(h)
Noncompliance with the provisions of this chapter.
(i)
Other municipalities' experience with the applicant's activities.
(j)
The cast or crew's prior criminality.
(4)
The Business Administrator's decision shall be communicated in writing
to the applicant. Denials shall be accompanied by a brief statement
of reasons therefor.
(5)
The grant of a permit may be limited by conditions to mitigate the
negative impact of filming. Those conditions shall be stated in the
permit.
F.
Appeal.
(1)
Grounds for appeal. An aggrieved applicant may appeal the denial
of a film permit, or the imposition of any conditions imposed thereon,
in accordance with the procedures set forth in this section.
(2)
Time for appeal. The appeal must be submitted in writing to the Business
Administrator no later than seven business days following the decision
denying or conditionally approving the film permit.
(3)
Appeal panel. The appeal will be reviewed by a three-member panel
composed of the Chief of Police, or his designee; the head of the
Department of Community Development; and a third member appointed
by the Business Administrator. The appeal will be adjudicated based
on the written submissions of the parties, unless a conference is
requested by the appeal panel.
[Amended 1-24-2017 by Ord. No. 4524-17; 3-10-2020 by Ord. No. 4661-20]
(4)
Standard of review.
(a)
The denial of a film permit, or the imposition of any conditions
thereon, may be overturned only upon a showing by clear and convincing
evidence that the filming will not produce any of the negative effects
upon which the original denial was based.
(b)
The denial of a film permit pursuant to § 295-3A may be overturned only upon a showing by clear and convincing evidence that the filming: i) will not result in the negative effects identified § 295-1 or 295-4D(3); ii) will be completed in less than three days; iii) will take place largely in the interior of the residential dwelling; iv) will not violate any applicable Township zoning ordinance; and v) will comply with all other provisions of this chapter.
(5)
Decision on appeal. The panel shall issue written decision affirming,
reversing, or modifying the original determination no later than 21
days following the filing of the appeal.
[Added 7-9-2013 by Ord. No. 4407-13]
Any person or entity filming in violation of this chapter, or
the conditions of any permit issued hereto, shall be subject to the
maximum fines and penalties established under N.J.S.A. 40:49-5 and
40:69A-29, and any subsequent amendments to those statutes. Each and
every day a violation of this chapter persists shall constitute a
separate violation.
