[HISTORY: Adopted by the Mayor and Council of the Borough of Essex Fells 10-1-2013 by Ord. No. 2013-941. Amendments noted where applicable.]
Noise — See Ch. 185.
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 any purpose intended for viewing on television, in theatres, for advertising purposes, or for institutional uses.
- MAJOR MOTION PICTURE
- Any film which is financed and/or distributed by a major motion picture studio, including but not limited to the following:
- A. Universal Pictures;
- B. Warner Brothers, including New Line Cinema, Castle Rock Cinema, Village Road Show and Bel-Aire;
- C. Paramount, including MTV Films and Nickelodeon Movie;
- D. 20th Century Fox, including Fox Searchlight;
- E. Sony/Columbia;
- F. Disney/Miramax;
- G. MGM-United Artists;
- H. Dreamworks;
- I. Recurrent television series programming.
- NEWS STORIES
- The reporting or summarizing of information concerning something that has either recently taken place or of current events of general interest and includes such features commonly known as newscasts, news bulletins and news anthology programs.
- A condition, activity or situation that interferes with the use or enjoyment of property.
- STUDENT FILMS
- Motion picture or still photography produced to satisfy a course or curriculum requirement at an educational institution. The student filmmaker must supply proof that he/she is currently enrolled.
No person shall film or permit filming within the Borough of Essex Fells on any public or private property, public right-of-way, facility, and/or residence without first applying for and receiving a permit from the Borough Clerk of the Borough of Essex Fells upon approval by resolution of the Borough Council. The permit shall be applied for no less than 14 working days prior to the requested first day of filming, the applicant has obtained all related approvals, has provided all of the submittals required by this section, and has obtained the written consent of all property owners who would be entitled to notice pursuant to § 129-3. The permit shall set forth the approved location of such filming, and also the approved duration of such filming, by specific reference to days and dates set forth the approved location of such filming, and also the approved duration of such filming by specific reference to days and dates.
Permits shall be obtained in the office of the Borough Clerk, and the permit application shall be in a form approved by the Borough Clerk and shall be accompanied by the permit fee.
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 10 days in any one calendar year. The hours of filming shall be between the hours of 6:00 p.m. and 7:00 a.m. the following day or until sundown, whichever is earlier. Weekends or legal holidays of the Borough, the hours of operation shall be between 9:00 a.m. and 5:00 p.m. on Saturday and not on Sundays.
Said permit must be readily available for inspection by Borough officials at all times at the site of the filming.
If the filming does not take place on the dates specified in the permit due to inclement weather or other good cause, the Borough Clerk may issue a new permit at no additional fee.
No permit shall be issued for filming within the Borough of Essex Fells unless the applicant for such permit:
Specifies in writing that the Borough of Essex Fells will be indemnified and held harmless from any and all liability and damages. Such writing shall be in a form approved by the Borough Clerk.
Posts cash or maintenance bond for the value of $5,000 protecting and insuring that the streets and roadways where the location utilized for the filming will be left in a satisfactory condition, free of debris, rubbish, and equipment, and that due observance of all Borough ordinances and laws will be followed. The Borough will return the bond within seven days of the completion of filming if there has been no damage to the public property or public expense caused by the filming and certified by the Police Chief, Code Official, Department of Public Works and Water Superintendents.
Takes all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public lands and shall comply with all the lawful directives issued by the Borough of Essex Fells Police Department, Fire Department, Building Department and other departments with respect thereto.
Provides proof of notice by the applicant to owners of properties located within 200 feet of the property lines of the premises for which the permit is requested as measured along public streets. Such notice shall be in writing and shall advise the property owner of the date or dates upon which filming is to take place. Such notice shall either be personally served or served by certified mail/return receipt requested upon the property owners entitled to receive the notice. Upon the written request and fee paid by the applicant, the Borough Assessor shall, within 72 hours of such request, make and certify a list from the current tax duplicates of the addressees of property located within the Borough of Essex Fells within 200 feet of the property lines of the premises for which the permit is requested, together with the names and addresses of record owners thereof. Notice to owners of properties in adjoining municipalities shall be given by personal service or by certified mail/return receipt requested to the Clerk of such adjoining municipality. Failure to give notice to a property owner on the list shall not invalidate the permit if proof of an attempt is shown. Prior to commencing filming, the applicant shall file an affidavit of proof of service with the Borough Clerk.
The holder of a permit shall conduct filming such that the activity does not create a nuisance, as defined herein. The permit 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.
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 completion of filming or the expiration of the permit, whichever comes first.
The permit holder shall comply with all lawful directives issued by the Borough of Essex Fells Police Department, Fire Department, and Building Department and comply with all other applicable laws. When, in the judgment of the Police Chief, Fire Chief or Construction Official, that the presence of the police, fire or code enforcement personnel are required in connection with the filming, the applicant shall reimburse the Borough for the costs of such personnel.
The holder of the permit shall not conduct filming in such a manner as to preclude access to adjoining properties from the public street or to encroach upon adjoining property without the express written consent from the owner and occupant thereof.
Vehicles used in connection with the filming, including vehicles of personnel associated with such filming, shall be parked off the public right-of-way to the maximum extent permitted. Vehicles should not be parked so as to encroach upon private property without the express written consent from the owner or occupant thereof. Vehicles parked in the public right-of-way shall comply with all applicable parking and traffic regulations. Vehicles parked or located in violation hereof may be towed by the Borough of Essex Fells and the cost thereof shall be reimbursed to the Borough.
The holder of the permit shall not permit any lights used in connection with the filming to shine directly into any windows on any other property or permit any noise to extend across property lines that is otherwise in violation of the Borough's Noise Restrictions Ordinance. In the event of a violation thereof, the Borough may abate such violation and charge the cost thereof to the permit holder.
The Borough Clerk may refuse to issue a permit or revoke a permit, whenever he/she determines, on the basis of objective facts and after a review of the application and input thereon by the Police Department, Building Department, Water Department and Department of Public Works and/or other agencies impacted, 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 public's use of public lands, unreasonably interfere with the public's 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.
The Borough reserves the right to require one or more patrolmen on site, in situations where the filming may impede the proper flow of traffic. The cost of said patrolmen shall be borne by the applicant.
Copies of the approved permit shall be sent to the New Jersey Motion Picture and Television Commission, as well as the Borough Police, Fire and Building Departments, before filming takes place, as well as posted on the Borough website. The applicant shall permit Borough inspectors to inspect the site and equipment to be used. The applicant shall comply with all safety instructions issued following such inspections.
In addition to any and all other fees or costs mentioned in this chapter, the applicant shall reimburse the Borough for any lost revenue, including but not limited to, required repairs to public property, and any revenue that the Borough was prevented from earning because of the filming.
The fee schedule for permits authorized under this section shall be as follows:
Basic filming permit: $500.
Daily filming fee payable in addition to the basic filming permit fee: $600 per day.
Daily filming fee payable in addition to the basic filming permit fee for a major motion picture: $1,500 per day.
Overnight parking/use of Borough property: $500 per day, if granted by the Essex Fells Police Department.
A person violating any part of this chapter shall be subject to a fine not to exceed $5,000. In the case of continuing successive violations, a separate offense shall be deemed committed on each day during on or which a violation of this chapter occurs or continues. The Enforcing Officer shall be the Essex Fells Police Department.