As used in this chapter, the following terms shall have the
meanings indicated:
FILMING
The making or taking of still or motion pictures either on
film, videotape or other similar recording medium for commercial purposes
and intended for viewing on television or in theaters or for institutional
uses. The term shall not include filming at a studio or other similar
facility constructed for such purpose where such filming does not
involve the use of any public property. The term shall not include
the filming of any news story or news feature within the Township
or filming made by, on behalf of or for the Township of Verona or
other governmental agency.
PERSON
Any individual, organization, corporation or other business
entity.
PUBLIC PROPERTY
All publicly owned streets, highways, sidewalks, squares,
parks, playgrounds, buildings or any other public places within the
Township which are within the jurisdiction and control of the Township
of Verona.
No person shall engage in or permit filming on public property
or on private property where such filming involves the use of public
property for the operation, placement or temporary storage of vehicles
or equipment utilized in such filming, including, but not limited
to, any temporary structure, barricade or device intended to restrict
or block off pedestrian or vehicular traffic, unless such person has
obtained a permit as provided in this chapter.
All applications for a permit required by this chapter shall
be subject to the following standards:
A. Application shall be made on a form to be provided by the Township Clerk and shall be accompanied by a permit fee in the amount established under Chapter
A565 of the Verona Code. If expedited processing of the application is requested, the application shall be accompanied by a fee for expedited processing as established under Chapter
A565 of the Verona Code.
B. The application shall be filed with the Township Clerk not less than
five days prior to the date on which filming is to commence. If expedited
processing is requested, the Township Manager shall have the right
to waive the five-day time period between filing and filming; provided,
that the applicant can comply with all other requirements of this
chapter.
C. Prior to the issuance of a permit, the applicant shall provide the
following:
(1) Proof of general public liability insurance naming the Township of
Verona as additional insured and providing for coverage of not less
than $1,000,000 for bodily injury and for not less than $300,000 for
property damage.
(2) The applicant shall enter into a written agreement with the Township
of Verona, in a form to be approved by the Township Manager, whereby
the applicant shall agree to indemnify, save and hold the Township
of Verona harmless from any and all claims, expenses, damages or liability
whatsoever arising out of the applicant's use of public property.
(3) The applicant shall post a cash bond in the amount of $500 or a maintenance
bond in the amount of $1,000 in favor of the Township to assure that
the location utilized by the applicant will be left in a satisfactory
condition, free and clear of debris, rubbish and equipment and to
assure the applicant's compliance with all Township ordinances,
laws, regulations and directives. Within seven days of the completion
of the filming, the Township will return the bond if there has been
no damage to public property or public expense caused by the filming.
(4) The applicant shall pay daily filming fees as provided under §
244-5 hereof and under Chapter
A565 of the Verona Code.
D. A permit issued pursuant to this chapter shall authorize filming
for a period not to exceed two consecutive calendar days, and filming
on any one property shall not exceed a total of three calendar days
in any one-year period.
E. Any days necessary for the purposes of preparing or setting up a
site for filming shall not be counted as a filming day for purposes
of the permit unless the Township Manager determines that preparation
or setting up of the site would have a substantial impact on the use
and enjoyment of neighboring properties or the free flow of vehicular
or pedestrian traffic at or near the site, in which case such days
shall be counted as filming days.
F. If, because of inclement weather or other good cause, filming cannot
take place on the dates specified in the permit, the Township Manager
may authorize the issuance of a new permit for filming on alternate
dates, provided that there is full compliance with all of the requirements
of this chapter. No additional fees shall be paid for a permit for
alternate dates.
G. The Township Manager may authorize a waiver of any of the requirements,
provisions or restrictions of this chapter if the Manager determines
that a waiver thereof may be granted without endangering the public
health, safety and welfare. In determining whether to issue a waiver,
the Manager shall consider the following factors:
(1) Potential traffic congestion at the location.
(2) The applicant's ability to remove the applicant's vehicles
and equipment from the public streets or other public property.
(3) The extent to which the applicant is requesting restrictions on the
use of public streets or public parking facilities during filming.
(4) The nature of the filming, including whether filming will take place
indoors or outdoors, and the proposed hours for filming.
(5) The extent to which the filming may affect adjoining and nearby property
owners and occupants.
(6) The Township's prior experience with the applicant, if any.
H. The Township Manager may refuse to issue a permit whenever an applicant
has not complied with all permit application requirements or whenever
the Manager determines that filming at the proposed location or on
the proposed dates or at the proposed times, as set forth in the application,
would violate any Township ordinance or other law or would unreasonably
interfere with the use and enjoyment of adjoining or neighboring properties
or would unreasonably impede the free flow of vehicular or pedestrian
traffic or would otherwise endanger the health, safety or welfare
of the citizens of the Township of Verona.
I. Immediately upon issuance of a permit under this chapter, and prior
to the commencement of filming if practicable, the Township Clerk
shall transmit a copy of such permit to the New Jersey Film Commission.
All persons to whom a filming permit has been issued shall comply
with the following additional requirements:
A. The permit shall be prominently displayed at the site of the filming
and shall be readily available for inspection by Township officials.
B. 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 Verona Police Department with respect thereto. If, after consulting
with the Township Police Department, the Township Manager determines
that it is necessary for the applicant to provide qualified personnel
for the purpose of directing or controlling traffic at the site, then
the applicant shall provide such personnel at the applicant's
expense. The qualifications of such personnel shall be subject to
of the Township Manager.
C. The holder of a permit shall conduct filming in such a manner as
to minimize the inconvenience or discomfort to adjoining and nearby
property owners and shall, to the extent practicable, abate noise
or other nuisances and shall park vehicles associated with such filming
off the public streets. The holder shall avoid any interference with
previously scheduled activities on public property and shall, to the
extent possible, limit any interference with normal public activity
on such public property. Where the filming will directly involve and/or
affect any businesses, merchants or residents, these parties shall
be given written notice of the filming at least three days prior to
the requested filming dates. Proof of notification shall be filed
with the Township Clerk.
D. Filming in residential zoning districts shall not be permitted except
Monday through Friday between the hours of 7:00 a.m. and 8:00 p.m.
Requests for filming during hours other than as permitted will require
the approval of the Township Manager.
E. The applicant shall permit the Verona Police Department and the Verona
Fire Department or other Township agencies to inspect the site and
the equipment to be used. The applicant shall comply with all safety
instructions issued by the Police Department, Fire Department or other
Township agencies.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties set forth in Chapter
1, Article
II, General Penalty, of the Township Code.