[HISTORY: Adopted by the Borough Council of the Borough of
Lincoln Park 5-19-2003 by Ord. No. 1,307, effective 6-8-2003 (Ch. 120 of
the 1991 Code). Amendments noted where applicable.]
For purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
The Borough of Lincoln Park.
Includes the Borough Engineer, Construction Code Official,
Zoning Officer, and/or their designated agents, of the Borough of
Lincoln Park.
Includes the taking of still or motion pictures, either on
film, videotape, or other visual recording medium, for commercial,
scientific or educational purposes, and intended for viewing on television,
in theaters, or other forms of display, specifically excluding filming
of contemporaneous news stories or news events, within the Borough
of Lincoln Park.
Includes any person, persons, firm, partnership, business
organization, or corporation conducting or participating in the activity,
trade or business of filming or film production.
Includes all activities associated with, ancillary to and/or
conducted by filmmakers, their agents, servants, employees or subcontractors
during the course of filming.
Includes any filming which is financed, distributed or conducted
by a major motion picture or television studio, including but not
limited to the following: Universal Pictures, Warner Brothers, Paramount,
20th Century Fox, Sony/Columbia, Disney/Miramax, MGM-United Artists,
or Dreamworks, its agents, servants, employees, successors, assigns,
affiliates, partners, contractors or subcontractors;
Any film, filming, film production or filmmaker for which or
for whom the gross budget for the production is at least $5,000,000,
or who or which employs or utilizes a filming or film production crew
or crews of 10 or more people; or
Any recurrent, periodic broadcast, cable or satellite television
series programming or production.
Includes any, all and every public street, highway, path,
sidewalk, right-of-way, square, park, playground or other public place,
property or location within the Borough of Lincoln Park owned by or
subject to the jurisdiction or control of the Borough of Lincoln Park,
including all such locations above, on or below the surface of the
ground or any watercourse.
A.
No filming or film production shall be conducted and no filmmaker
shall film or permit or suffer filming on public or private land within
the Borough of Lincoln Park without first obtaining a permit therefor,
in accordance with this chapter.
B.
All applications for filmmaker permits shall be in writing on forms
furnished by the Borough Clerk, signed by the applicant or the authorized
representative of the applicant, and submitted to the Borough Clerk
along with the requisite fee(s) therefor.
C.
The application for a filmmaker permit shall state:
(1)
The name, address, telephone number and social security and/or taxpayer
identification number of the filmmaker;
(2)
An identification of the location or locations where filming is proposed
to be conducted and the time period proposed for the conduct of such
filming;
(3)
An identification of the number of persons in the filming and film
production crew and support personnel proposed to be utilized during
filming or film production;
(4)
The name and address of the registered agent or designated agent
for purposes of service of process within the County of Morris of
the filmmaker;
(5)
The name and address of the owner or owners of all private property
upon which filming is proposed, together with the consent of the owner
to such filming;
(7)
Such other information as may be deemed necessary by the Borough
for the proper investigation of the applicant.
D.
No permit(s) shall authorize filming for more than three consecutive days in any one location, or more than six days in all locations within any calendar year by any single filmmaker. The foregoing three- and six-day limitations may be extended by the Borough Clerk only if the filming is proposed to be conducted by a major motion picture or television series, subject to review and consideration of the factors set forth in § 256-8.
E.
No permit shall be issued by the Borough Clerk unless applied for
at least seven calendar days prior to the requested or proposed filming
date(s).
No permit shall be issued for filming or film production upon
public lands unless and until the applicant shall provide to the Borough
satisfactory proof of insurance, including the following:
A.
The filmmaker and its sureties shall indemnify and hold harmless
the Borough and all its officials, agents and employees from all suits,
actions or claims of any character, name and description brought for
trespasses or tortious or negligent acts of or faults of the filmmaker,
its agents or employees resulting in any injuries or damages received
or sustained by any person or persons or property in connection with
the filming or film production within the Borough of Lincoln Park
pursuant to the permit issued hereunder, and the filmmaker and its
sureties will be required to pay any judgment, with costs, which shall
be obtained growing out of such injury or damage.
B.
During the term of the permit and all filming and film production
undertaken in accordance therewith, the filmmaker shall take out and
maintain, at its own expense, the following insurance:
(1)
General commercial liability insurance in an amount of not less than
$1,000,000 for injuries, including wrongful death, to any one person,
subject to the same limit for each person, and an amount of not less
than $1,000,000 on account of one accident, and property damage insurance
in an amount of not less than $1,000,000 for each accident. This insurance
shall be written with a company authorized to do business in the State
of New Jersey, shall be taken out before any filming is commenced,
and shall be kept in effect until all such filming and film production
shall be completed. Copies, or the original, as the case may be, of
such policies shall be furnished to the Borough and such policies
shall be approved by the Borough before filming is commenced.
(2)
Automobile insurance.
(a)
Public liability to cover each automobile, truck, vehicle or other
equipment used by the filmmaker, its agents, employees or subcontractors
in the filming or film production in an amount of not less than $1,000,000
on account of injury or death of one or more persons.
(b)
Property damage liability insurance to cover each automobile, truck,
vehicle or other equipment used by the filmmaker in the filming or
film production in an amount of not less than $1,000,000 in any accident.
(3)
The aforesaid insurance policies shall contain a contractual hold
harmless clause indemnifying the Borough against the above-mentioned
acts of the filmmaker, its agents, employees or subcontractors. The
aforesaid policies shall contain a provision that the policies cannot
be cancelled unless a thirty-day written notice of cancellation is
given to the Borough. The Borough shall be named as an additional
insured on all policies of insurance.
(4)
In the event the aforesaid insurance coverage shall lapse for any
reason, the filmmaker shall cease all filming or film production until
the policies and evidence thereof are reinstated or issued new.
[Amended 6-16-2008 by Ord. No. 12-08, effective 7-6-2008]
A.
Any filming permit issued hereunder may be revoked by the enforcement
official, or application denied by the Borough Clerk, after reasonable
notice and hearing, for any of the following reasons:
(1)
Violation of any provision of this chapter or any regulation promulgated
thereunder;
(2)
Commission of any crime or offense involving deceit, fraud, theft,
arson and/or other burnings, burglary, larceny, aggravated assault,
murder, criminal sexual contact, rape, lewdness, indecency, obscenity,
or the possession, sale or use of a controlled dangerous substance;
or
(3)
Provision of any false, inaccurate or misleading information in the
application for permit or amendment thereto, which information, if
included or provided, would have materially affected the determination
to grant or deny the application.
B.
Any applicant or permit holder aggrieved by the action or actions
of the enforcement official or Borough Clerk, or seeking a waiver
of any requirement hereunder, may appeal to the governing body of
the Borough of Lincoln Park by filing with the Borough Clerk, within
14 calendar days after receipt of notice of the action complained
of, a written notice of appeal and request for hearing, setting forth,
in detail, the grounds thereof. The governing body will set a time
and place for a hearing on such appeal and notice shall be served
upon the applicant or permit holder at least five calendar days prior
to hearing. No right of appeal to the governing body shall apply to
any enforcement action or violation within the jurisdiction of the
Municipal Court.[1]
A.
The permit holder shall conduct filming and film production 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 and store filming or film
production equipment, supplies and materials off of public streets
or public property.
B.
The permit holder shall avoid interference with previously scheduled
public activities upon public lands and limit, to the extent practicable,
any interference with normal public activity on such public lands.
Where the applicant's filming or film production activities, by reason
of location or otherwise, shall directly or indirectly interfere with,
disrupt or otherwise materially, adversely affect any businesses,
merchants or residents, those parties affected shall be given at least
three days' prior notice of the requested filming or film production
date and informed that objections may be filed with the Borough Clerk,
which objections shall be included as part of the application and
considered in the review of the same.
C.
The Borough Clerk may refuse to issue a permit whenever he/she determines,
on the basis of objective facts, the application, and reports from
Borough departments, if any, that filming or film production at the
location or locations and/or at the time or times set forth in the
application would violate any applicable law, regulation 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 health, safety or welfare.
D.
The Borough Clerk may condition issuance of a permit upon the filmmaker
retaining, at its expense, one or more police officers or traffic
control officers, in situations where the proposed filming or film
production may impede or interfere with the free flow of vehicular
or pedestrian traffic upon any public road, would require crowd control,
or would require security for public lands or property, as determined
by the Chief of Police.
A.
The governing body, on an appeal pursuant to § 256-6B, may authorize filming or film production other than during the times or at the locations herein specified, or may waive any provision of this chapter. In determining whether to grant a waiver of any requirement under this chapter, the governing body shall consider the following factor or factors:
(1)
Vehicular or pedestrian traffic congestion at the location caused
by vehicles parked or equipment placed on the public street;
(2)
The applicant's ability to safely remove filming-related vehicles
from the public street;
(3)
The time period when the applicant is requesting restrictions on
the use of public streets or public lands;
(4)
The nature of the filming or film production itself (i.e., indoor
or outdoor; day or night; on public or private lands);
(5)
Prior experience of the filmmaker, applicant or film production company
with the Borough, if any; and
(6)
Consultation with the owners of private lands or businesses affected,
or the Chief of Police.
B.
The waiver granted by the governing body shall apply solely to the
provisions of this chapter, and nothing herein shall be construed
as conferring upon the governing body the authority to permit the
violation or relaxation of the enforcement of any other local, state
or federal law, with which the filmmaker remains responsible for compliance.
A.
Any person violating any provision of this chapter shall, upon conviction thereof, be subject to the penalties as prescribed by § 1-2 of this Code (general penalty).
B.
Each day that a violation shall continue shall constitute a separate
offense.
C.
The enforcement official and the Lincoln Park Police Department are
designated and shall be responsible for the enforcement of the provisions
of this chapter.
