[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-25-2010 by Ord. No. 2010-31]
As used in this article, these terms shall have the following
meanings:
The filming or videotaping of motion pictures, or still photography,
intended solely for private use.
The taking of commercial still photography 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.
Any film which is financed and/or distributed by a major
motion picture, or television production studio or corporation; or
filming activity connected with any part of a production with an overall
budget of $2,000,000, or more; or any recurrent television series
programming.
All activities attendant to the staging and/or shooting of
commercial motion pictures, television series, television movies,
internet broadcasts, reality television, 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 60 consecutive minutes.
[Amended 5-9-2024 by Ord. No. 2024-17]
Photographic, filming, and/or videotaping for the purpose
of spontaneous, unplanned television news broadcast or reporting for
print media by reporters, photographers or cameramen.
The areas, including but not limited to any public building,
street, sidewalk highway, sidewalk, square, park, playground, and
other public places, which is within the jurisdiction and control
of the Borough of Red Bank.
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 he/she is
currently enrolled in any such educational institution.
[Amended 5-9-2024 by Ord. No. 2024-17]
A.
No person shall use any public or private property, public right-of-way,
facility, and/or residence for the purpose of taking motion pictures,
television pictures or commercial still photography, as defined herein,
without first applying for and receiving a permit approved by the
Borough Manager of the Borough of Red Bank.
B.
The permit shall set forth the approved location(s) of such filming
and also the approved duration of such filming by specific reference
to date(s) and time(s). Said permit must be readily available for
inspection by Borough officials at all times at the site of the filming.
C.
All permits shall be applied for/obtained from the office of the Borough Clerk during normal business hours. Applications for such permits shall be in a form approved by the Borough Manager and be accompanied by permit fees, if applicable, in the amounts established by this article in § 355-10.
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 Borough Manager may issue a new
permit for filming on other dates subject to full compliance with
all other provisions of this article. No additional fee shall be paid
for this new permit.
E.
The provisions of this section shall not apply to news media and
family videos and photography.
A.
Permits shall be issued by the Borough Manager, or his or her designee.
The Borough Manager, or his or her designee, shall review each application
to determine whether any additional municipal services may be reasonably
required depending upon the nature of the activities proposed.
[Amended 10-12-2023 by Ord. No. NP2023-16; 5-9-2024 by Ord. No. 2024-17]
B.
Expedited permits may be issued by the Borough Manager, or his or
her designee, upon payment of the requisite fee. The Borough Manager,
or his or her designee, shall review each application to determine
whether any additional municipal services may be reasonably required
depending upon the nature of the activities proposed. Expedited permits
shall be issued at the close of the third business day after submission
of a complete permit application.
[Amended 10-12-2023 by Ord. No. NP2023-16; 5-9-2024 by Ord. No. 2024-17]
C.
No permits shall be issued unless all fees and reasonably necessary
reimbursable expenses are paid to the Borough.
D.
No permit shall be issued for filming upon public lands unless the
applicant shall provide the Borough of Red Bank 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 Borough 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 Borough ordinances, laws, and regulations
will be followed. Within seven days of the completion of the filming,
the Borough will return the bond if there has been no damage to the
public property or public expense caused by the filming.
E.
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 Red Bank Police Department, the Fire Marshal and the Borough Manager
and with respect thereto.
[Amended 10-12-2023 by Ord. No. NP2023-16]
F.
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.
G.
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.
H.
Any production activities, whether on public or private property,
which involve or utilize pyrotechnics or the indoor use of gas-powered
vehicles or apparatus will require inspection by the Fire Marshal,
and, if deemed necessary, the requirement that a fire professional
be present during said production activities.
[Added 5-9-2024 by Ord. No. 2024-17[1]]
I.
Where the applicant's production activity, by reason of location
or otherwise, will directly involve and/or affect any businesses,
merchants, or residents, the applicant shall give written notice of
the filming to all affected businesses and residents in proximity
to the filming location, at least three days prior to the submission
of a completed permit application. Such written notice shall be in
a form acceptable to the Borough Manager and shall inform such businesses
and residents that objections may be filed with the Borough Manager
within the next three business days, said objections to form a part
of the applicant's application and be considered in the review of
the same.
[Amended 10-12-2023 by Ord. No. NP2023-16; 5-9-2024 by Ord. No. 2024-17]
[Amended 5-9-2024 by Ord. No. 2024-17]
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 450, Noise, of this Code, provided that requests for scenes outside of such hours may be approved in the discretion of the Borough in accordance with § 355-7 hereof. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.
[Amended 5-9-2024 by Ord. No. 2024-17]
A.
The Borough Manager, or his or designee, may refuse to issue a permit
whenever he or she determines, on the basis of objective facts and
after a review of the application by the Police Department and by
other Borough 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.
In the discretion of the Borough Manager, after consultation with
the Police Department and by other Borough agencies involved, the
Borough may require one or more Red Bank police officer(s), Fire Department
personnel or any such other specialized Borough 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.
[Amended 5-9-2024 by Ord. No. 2024-17]
A.
Any person aggrieved by a decision of the Borough Manager, or his or designee, denying or revoking a permit or a person requesting relief pursuant to § 355-5 may appeal to the Borough Council. A written notice of appeal setting forth the reasons for the appeal shall be filed within 10 days of said decision.
B.
The Borough Council shall set the matter down for a hearing within
30 days of the filing of the notice of appeal. The decision of the
Borough Council shall be in the form of a resolution at the first
regularly scheduled public meeting, after the hearing of the appeal.
The appellant may agree in writing to a later date for the decision.
[Amended 5-9-2024 by Ord. No. 2024-17]
The Borough Manager, or his or designee, may authorize filming
other than during the hours herein described. In determining whether
to allow an extension of hours under this article, the Borough Manager,
or his or designee, 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 outdoors; day or
night; on public 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 Borough,
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 Marshal or other Borough 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 Marshal, or other Borough inspections.
In addition to any and all other fees or costs mentioned in
this article, the applicant shall reimburse the Borough for any lost
revenue, including but not limited to, repairs required to public
property, and any revenues that the Borough was prevented from earning
because of the filming.
The schedule of fees for the issuance of permits authorized
by this article are as follows:
A.
Basic filming permit: $100.
[Amended 5-9-2024 by Ord. No. 2024-17]
B.
Expedited filming permit: $250.
[Amended 5-9-2024 by Ord. No. 2024-17]
C.
Student films: no permit fee. Student films are otherwise liable
for all other Borough costs, except for filming or photography that
is part of a course of study at any Red Bank educational institution,
including but not limited to, the Red Bank Public Schools, the Red
Bank Charter School, Red Bank Catholic High School, or the Red Bank
Regional High School District, or such other educational facilities
located within the Borough.
D.
Overnight parking/use of Borough lot(s): at cost.
E.
Police/fire protection: at cost.
F.
Use of Borough buildings, public parks, or closing of any street(s):
$750 per facility, per day.
[Amended 5-9-2024 by Ord. No. 2024-17]
G.
Filming/production
taking place entirely on private property without any additional municipal
resources: no permit fee.
[Added 5-9-2024 by Ord. No. 2024-17]
Where the owner of the premises is not the applicant for a permit
required by this article, both the owner and the applicant shall each
be liable for violations hereof. Any person violating this article
or these rules and regulations, upon conviction thereof, shall be
punished by a fine not exceeding $1,000 per day or by imprisonment
in the county jail 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.
