[HISTORY: Adopted by the Township Committee of the Township
of Middletown 5-19-2014 by Ord.
No. 2014-3107; amended in its entirety 8-18-2014 by Ord. No. 2014-3114. Subsequent amendments noted where applicable.]
As used in this chapter, these terms shall have the following
meanings:
- FAMILY VIDEOS AND PHOTOGRAPHY
- The filming or videotaping of motion pictures, or still photography, intended solely for private use.
- FILMING
- The taking of still or motion pictures either on film, videotape, or similar recording medium, for any purpose intended for viewing on television, in theaters or for institutional uses. This term shall not include family videos and photography and news media, as defined herein, or as otherwise provided herein.
- MAJOR MOTION PICTURE
- Any film which is financed and/or distributed by a major motion picture studio or corporation for presentation in movie theaters, including any filming activity connected with any part of such a production; provided that the production has an overall budget of $2,000,000 or more.
- MOTION PICTURE, TELEVISION PICTURES, STILL PHOTOGRAPHY
- All activities attendant to the staging and/or shooting of commercial motion pictures, television series, television movies, commercials and to the taking of single or multiple photographs for sale or commercial use where the photographer sets up stationary equipment in any one location for longer than five consecutive minutes.
- NEWS MEDIA
- Photographic, filming, and/or videotaping for the purpose of a television news broadcast or reporting for print media by reporters, photographers or cameramen.
- PUBLIC LANDS
- The areas including but not limited to any public building, street, sidewalk highway, sidewalk, square, park, playground, the beachfront, boardwalk and the marina, and other public places, which is within the jurisdiction and control of the Township of Middletown.
- STUDENT FILMS
- Motion picture, television or still photography produced to satisfy a course or curriculum requirement at an accredited educational institution. The student filmmaker must supply proof that they are currently enrolled in any such educational institution.
A.
No person shall use any public lands or private property, public
right-of-way, facility, and/or residence for the purpose of taking
motion pictures, television pictures or still photography without
first applying for and receiving a permit from the Township Clerk
or the Township Administrator of the Township of Middletown, as applicable.
B.
The permit shall set forth the approved location of such filming
and also the approved duration of such filming by specific reference
to day or dates. 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 Township exceed a total of six days in
any one calendar year, regardless of the number of permits utilized
in reaching this six-day maximum. Either or both of the three-consecutive-day
and the six-day limitations may be extended only if the filming requested
satisfies the major motion picture exception defined herein. Said
permit must be readily available for inspection by Township officials
at all times at the site of the filming.
C.
All permits shall be applied for and obtained from the office of
the Township Clerk during normal business hours. Applications for
such permits shall be in a form approved by the Township Administrator
and be accompanied by permit fees as required herein.
D.
If a permit is issued and filming does not in fact take place on
the dates specified due to good cause, including but not limited to
reasons of inclement weather, the Township Administrator may 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 new permit.
E.
The provisions of this section shall not apply to news media, family
videos and/or student films.
F.
The provisions of this section shall not apply to all activities
attendant to the staging and/or shooting of a segment of a television
series where all such activities occur on private property and within
a commercial building or other structure which is not in a residential
area and is not visible outside of such building or structure, provided
that the filming activities do not exceed three days.
A.
Permits shall be issued by the Township Clerk or Administrator. Any
such review shall determine whether any additional municipal services
may be reasonably required depending upon the nature of the activities
proposed. Permits shall be issued by the close of the 10th business
day after submission of a complete permit application.
B.
Expedited permits may be issued by the Township Clerk or Administrator
upon payment of the requisite fee. The Township Clerk or Administrator,
after consultation with the Chief of Police and the Director of Public
Works, may issue the permit, so long as the application complies with
all other requirements of this chapter. The Township Clerk of Township
Administrator may determine whether any additional municipal services
may be reasonably required depending upon the nature of the activities
proposed. Expedited permits shall be issued by the close of the fourth
business day after submission of a complete permit application.
C.
No permits shall be issued unless all fees and reasonably necessary
reimbursable expenses are paid to the Township.
D.
No permit shall be issued for filming upon public lands unless the
applicant shall provide the Township of Middletown with satisfactory
proof of the following:
(1)
Proof of insurance coverage, including but not limited to for bodily
injury to any one person in the amount of $1,000,000 and any occurrence
in the aggregate amount of $3,000,000.
(2)
For property damage for each occurrence in the aggregate amount of
$1,000,000.
(3)
A written hold harmless and indemnification agreement acceptable
to the Township Attorney.
(4)
The posting of cash or maintenance bond for the value of $500 protecting
and insuring that 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 Township ordinances, laws, and regulations
will be followed. Within seven days of the completion of the filming,
the Township will return the bond if there has been no damage to the
public property or public expense caused by the filming.
(5)
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 Middletown Police Department, the Fire Chief and the Township
Administrator and with respect thereto.
(6)
The applicant shall conduct filming in such a manner as to minimize
the inconvenience or discomfort to adjoining property owners as a
result of such filming and shall, to the extent practicable, abate
noise and park vehicles off the public streets. All vehicles parked
on public streets and rights-of-way shall be done so in accordance
with all applicable state and local regulations.
(7)
The holder shall not interfere with previously scheduled activities
upon public lands and limit, to the extent possible, any interference
with normal public activity on such public lands.
(8)
The applicant shall give written notice of the filming to all businesses
and residents within 200 feet of the filming location and further
provide written proof of such notice at least three business days
prior to the submission of a completed permit application. Such written
notice shall be in a form acceptable to the Township Clerk or Administrator
and shall inform such businesses and residents that objections may
be filed with the Township Clerk within the next three business days,
said objections to form a part of applicant's application and
be considered in the review of the same. However, an applicant may
request a waiver of the notice requirement, or if the Township Clerk
or Administrator finds that by not giving notice there would be less
of a potential for disruption, if the permit is granted, than a waiver
may be granted by the Township Administrator, as applicable.
Filming in residential areas shall be permitted Monday through
Friday between the hours of 7:00 a.m. and 9:00 p.m. Nighttime filming,
after 9:00 p.m., can be considered on a case-by-case basis by the
Township Administrator, who can establish specific limitations and
locations. The setup, production and breakdown required by all filming
shall be included in the hours as set forth herein.
A.
The Township may refuse to issue a permit whenever it determines,
on the basis of objective facts and after a review of the application
by the Police Department and by other Township 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.
B.
The Township reserves the right to require one or more Township police
officer(s), Fire Department personnel or any such other specialized
Township officials to remain on-site during the times indicated on
the permit, in situations where the production may impede the proper
flow of traffic, or otherwise impact upon public safety. The cost
of all such personnel shall be borne by the applicant as 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.
The Township may authorize filming other than during the hours
herein described. In determining whether to allow an extension of
hours under this section, the Township shall consider factors, including
but not limited to the following:
A.
Traffic congestion at the location;
B.
The applicant's ability to remove film-related vehicles off
the public streets;
C.
Whether the applicant is requesting restrictions on the use of public
streets or public parking during the course of the filming;
D.
Nature of the film shoot itself; e.g., indoor or outdoor; day or
night; on public lands or private lands; proximity to residential
neighborhoods; potential for disruption of normal residential or business
activities; and
E.
Prior experience of the film company/applicant with the Township,
if any.
Copies of the approved permit shall be sent to the Police and
Fire Departments before filming takes place. The applicant shall permit
the Police Department, the Fire Chief or other Township inspectors
to inspect the site and equipment to be used. The applicant shall
comply with all safety instructions issued by the Police Department,
the Fire Chief, or other Township inspections.
In addition to any and all other fees or costs mentioned in
this chapter, the applicant shall reimburse the Township for any lost
revenue, including but not limited to repairs required to public property,
and any revenues that the Township was prevented from earning because
of the filming.
A.
With regards to filming being done on a major motion picture, and
upon a favorable review of the factors set forth herein, the Township
may grant an exemption of the three consecutive filming day limit
and/or the six total filming days within a calendar year limit.
B.
Any days that are necessary for setup and preparation of a major
motion picture filming may, at the discretion of the Township, be
counted as a filming day where such setup is anticipated to involve
one or more of the factors set forth in this chapter.
The schedule of fees for the issuance of permits authorized by this chapter is as provided in Chapter 240, Fees.
Where the owner of the premises is not the applicant for a permit required by this chapter, both the owner and the applicant shall each be liable for violations hereof. Any person violating this chapter or these rules and regulations, upon conviction thereof, shall be subject to the penalties set forth in Chapter 1, General Provisions, § 1-4 of the Code of the Township of Middletown.
