[HISTORY: Adopted by the Mayor and Council of the Borough of Demarest 4-16-1984 by Ord. No. 577. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
FILMING
The taking of still or motion pictures, either on film, videotape or similar recording equipment, for commercial or educational purposes, intended for viewing on television or in theaters or for institutional use or for advertising purposes. Filming includes any and all staging, setup and activities leading to or related to the taking of still or motion pictures.
[Amended 10-15-2001 by Ord. No. 849]
PUBLIC LANDS
Any and every public street, highway, sidewalk or square, public park or playground or other public place within the Borough which is within the jurisdiction and control of the Borough.
A. 
No person, firm or corporation shall film or permit filming within the Borough of Demarest without first obtaining a permit therefor, which permit shall set forth the location of such filming arid the date or dates when filming shall take place.
B. 
Permits shall be obtained in the office of the Borough Clerk during normal business hours. Applications for such permits shall be in a form approved by the Borough Clerk and shall be accompanied by a permit fee as set forth in § 96-4. Incidental use of a public sidewalk or street which does not result in the closing of the street or sidewalk to public use shall not be considered filming on public land.
C. 
Where filming takes place on private property, permission of the owner must be obtained in writing.
D. 
One permit shall be required for each location.
A. 
No permit shall be issued for filming at a particular location in a residential zone within the Borough of Demarest which would permit filming at said location on more than four days during any one calendar year.
B. 
No permit shall be issued for filming upon public lands within the Borough of Demarest unless the applicant for such permit:
(1) 
Provides proof of insurance coverage as follows: for bodily injury for any one person in the amount of $500,000 and for any aggregate occurrence in the amount of $1,000,000.
(2) 
Agrees in writing to indemnify and save harmless the Borough of Demarest from any and all liability or damages from the use of such public lands.
C. 
The holder of a 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 Demarest Police Department with respect thereto.
D. 
The holder of a permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjourning property owners attributable to such filming and shall, to the extent practicable, abate noise and park vehicles associated with such filming off the public streets. The 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.
E. 
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 the completion of filming or the expiration of the permit, whichever comes first.
F. 
Filming shall be permitted only Monday through Friday between the hours of 8:00 a.m. and 7:00 p.m. or sundown, whichever is earlier, in residential zones.
G. 
The Borough Clerk may refuse to issue a permit whenever she determines, on the basis of objective facts and after a review of the application and a report thereon 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 public's use of public lands, unreasonably interfere with the use and enjoyment of adjourning properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise endanger the public's health, safety or welfare.
H. 
Any person aggrieved by a decision of the Borough Clerk denying or revoking a permit or a person requesting relief pursuant to Subsection I may appeal to the Mayor and Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Borough Clerk. An appeal from the decision of the Borough Clerk shall be filed within 10 days of the Borough Clerk's decision. The Mayor and Council shall set the matter down for a hearing within 30 days of the day on which the notice of appeal was filed. The decision of the Mayor and Council shall be in the form of a resolution. A resolution supporting the decision of the Borough Clerk or granting relief pursuant to Subsection I shall be approved by the Mayor and Council at the first regularly scheduled public meeting of the Mayor and Council after the hearing on the appeal unless the appellant agrees in writing to a later date for the decision. If such a resolution is not adopted in the time required, the decision of the Borough Clerk shall be deemed to be reversed and a permit shall be issued in conformity with the application or the relief pursuant to Subsection I shall be deemed denied.
I. 
The Mayor and Council may authorize a waiver of any of the requirements or limitations of this chapter and may authorize filming other than during the hours herein described or may extend the duration of a permit beyond 10 days or may permit filming at a particular location in a residential zone on more than four days during any one calendar year or may waive any other limitation or requirement of this chapter whenever it determines that strict compliance with such limitations will pose an unreasonable burden upon the applicant and that such a permit may be issued without endangering the public's health, safety or welfare.
J. 
The applicant shall notify the Fire Marshal 24 hours before filming takes place and permit the Fire Marshal to inspect the site and the equipment to be used. The applicant shall comply with all fire safety instructions issued by the Fire Marshal.
[Amended 10-15-2001 by Ord. No. 849]
Permit fees shall be as follows:
A. 
Filming permit on privately owned property: $500 per day for each day or part thereof.
B. 
Filming permit for filming on public land: $1,000 per day for each day or part thereof.
C. 
Filming permit for nonprofit applicants, filming for educational purposes, including filming on public land: $25 per day for each day or part thereof.
[Amended 7-15-1991 by Ord. No. 703]
Any person violating this chapter or rules and regulations contained herein shall be subject to a fine not to exceed $1,000 or to imprisonment in the county jail for not more than 90 days or to a period of community service not exceeding 90 days, or all of the above, in the discretion of the Judge imposing the same.
The provisions of this chapter shall not apply to the filming of news stories within the Borough of Demarest.