[HISTORY: Adopted by the Mayor and Council of the Borough
of Emerson 7-12-2016 by Ord. No.
1528. Amendments noted where applicable.]
A.
The Borough of Emerson recognizes that commercial filming is an important
industry in the Borough and requires various regulations to preserve
the general health, safety and welfare of Borough inhabitants; in
addition, the imposition of various fees is required to offset administrative
costs incurred in processing permit applications and conducting the
requisite inspections.
As used in this chapter, the following terms shall have the
meanings indicated:
Commercials, motion pictures, television, videotapes, or
still photography produced by a nonprofit organization which qualifies
under § 501(c)(3) of the Internal Revenue Code as a charitable
organization. No person, directly or indirectly, shall receive a profit
from the marketing and production of the film or from showing the
films, tapes, or photos.
Includes all activity attendant to staging or shooting commercial
motion pictures, television shows or programs, and commercials in
any medium, including film, tape or digital format.
The photographing, filming or videotaping for the purpose
of spontaneous, unplanned television news broadcast, or reporting
for print media by reporters, photographers or cameramen.
Any and every public street, highway, sidewalk, square, public
park or playground or any other public place within the Borough which
is within the jurisdiction and control of the Borough of Emerson.
The taking of still or motion pictures, whether on film,
videotape or similar recording medium, for commercial or educational
purposes intended for viewing on television, in theaters, on the internet
or for institutional uses; provided, however, that the provisions
of this chapter shall not be deemed to include news media or persons
engaged in regulated filming which is limited to handheld cameras
with no set, direction, support staff or accessory equipment.
A fixed place of business where filming activities (motion
or still photography) are regularly conducted upon the premises.
A.
Permit required.
(1)
No person or organization shall undertake or permit regulated filming
on public lands within the Borough of Emerson without first having
obtained a permit from the office of the Borough Clerk, which permit
shall set forth, among other appropriate conditions, the approved
location of such filming and the approved duration of such filming
by specific reference to day or dates. Said permit must be readily
available for inspection by Borough officials at all times at the
site of the filming.
(2)
All permits shall be applied for and 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 Clerk and shall be accompanied by a permit fee in the amount established by this chapter in § 147-6 herein.
(3)
If a permit is issued and, due to inclement weather or other good
cause, filming does not in fact take place on the dates specified,
the Borough Clerk may, at the request of the applicant, issue a new
or amended 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 permit.
B.
Exemptions.
(1)
News media. The provisions of this chapter shall not apply to or
affect reporters, photographers or cameramen in the employ of a newspaper,
news service, or similar entity engaged in on-the-spot print media,
publishing or broadcasting of news events concerning those persons,
scenes or occurrences which are in the news and of general public
interest.
(2)
Family video: the filming or videotaping of motion pictures solely
for private family use.
(3)
Studio filming: filming activities (motion or still photography)
conducted at a studio.
C.
Requires a permit and reduced fee.
(1)
Charitable films: projects that qualify under § 501(c)(3)
of the Internal Revenue Code.
(2)
Student-produced films. Films must have been made in the school year
and must have been produced for course credit or under the supervision
of a faculty member. Applicant must be enrolled in or be a recent
(one year) graduate from an accredited postsecondary four-year institution
or other selected university which offers a degree in film or television.
Eligible films are those in which every major crew position was held
by a student.
A.
Liability insurance. Before a permit is issued, a certificate of
insurance will be required for bodily injury to any one person, in
the amount of $1,000,000, and, for any occurrence, in the aggregate
amount of $3,000,000, as well as for property damage, for each occurrence,
in the aggregate amount of $500,000. The Borough officers and employees
shall be named as additional insured. The certificate shall not be
subject to cancellation or modification until after 30 days' written
notice to the Borough. A copy of the certificate will remain on file.
B.
Workers' compensation insurance. An applicant shall conform to all
applicable federal and state requirements for workers' compensation
insurance for all persons operating under a permit.
C.
Hold harmless agreement. Prior to the issuance of a permit under
this chapter, the applicant shall execute a written hold harmless
agreement, whereby the applicant agrees to indemnify and save harmless
the Borough of Emerson from any and all liability, expense, claims
or damages resulting from the use of public lands.
D.
Security deposit. To ensure cleanup and restoration of the site,
an applicant may be required to submit a refundable security deposit
in the form of a cash bond as follows: the posting of a cash bond
of $500 or a maintenance bond of $1,000 running in favor of the Borough
and protecting and ensuring that the location utilized will be left,
after filming, 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 30 days of the completion
of the filming, the Borough will return the bond if there has been
no damage to public property or public expense caused by the filming.
E.
Child labor laws. An applicant shall conform to all applicable child
labor laws, including but not limited to N.J.S.A. 34:2-21.57 to 34:2-21.64
and N.J.A.C. 12:58-4.14.
The applicant must comply with the following:
A.
No permits will be issued by the Borough Clerk unless applied for
prior to five business days before the requested filming date; provided,
however, that the Borough Clerk may waive the five-day period if,
in his or her judgment, the applicant has obtained all related approvals,
and adjacent property owners or tenants do not need to be notified.
B.
Accommodations must be made to provide toilet facilities required
by filming participants.
C.
Cleanup. The permittee shall conduct operations in an orderly fashion,
with continuous attention to the storage of equipment not in use and
the cleanup of trash and debris. The area used shall be cleaned of
trash and debris upon completion of shooting at the scene and restored
to the original condition before leaving the site.
D.
Filming on private property. An applicant is required to obtain the
property owner's permission, consent, and/or lease for use of property
not owned or controlled by the Borough.
E.
Municipal Services Department (roads and streets). If the applicant
must park equipment, trucks, and/or cars in zones that will not permit
it, temporary "no parking" signs must be posted. The applicant must
also obtain permission to string cable across sidewalks or from generator
to service point.
F.
Traffic control. For filming that would impair traffic flow, an applicant
must hire one or more off-duty Emerson Police Officer(s) through the
office of the Police Chief and must comply with all traffic control
requirements deemed necessary. The Chief of Police shall determine,
in his discretion, the number of officers required to maintain the
public safety.
G.
The holder of the permit shall take all reasonable steps to minimize
interference with the free passage of pedestrians and traffic over
public lands, streets and sidewalks and shall comply with all lawful
directives issued by the Emerson Police Department with respect thereto.
H.
The holder of a permit shall conduct filming 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 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.
All residents and merchants within a two-hundred-foot radius of the
film location must receive notice of filming at least 48 hours prior
to the first day of filming, and be informed that objections may be
filed with the Borough Clerk, said objections to form a part of applicant's
application and be considered in the review of the same. Proof of
service of notification to adjacent owners shall be submitted to the
Borough Clerk within two days of the requested shooting date.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
I.
The Borough Clerk and/or Borough Administrator may refuse to issue
a permit whenever he determines, after a review of the application
and a report thereon by the Police Department and by other agencies
involved with the proposed filming, that filming at the location and/or
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,
or if the Borough Clerk and/or Borough Administrator otherwise determines
that the filming on public lands would not serve the best interests
of the Borough of Emerson. Further, the Borough reserves the right
to require one or more on-site patrol officers in situations where
the proposed production may impede the proper flow of traffic or in
any other way jeopardize the public safety, the cost of said patrol
officers to be borne by the applicant as a 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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
J.
Emergency construction. Any emergency road work or construction by
Borough or county crews and/or private contractors under permit or
contract to the appropriate department shall have priority over filming
activities.
K.
Parking lots and metered spots. When parking in a parking lot or
metered spot, an applicant may be billed according to the current
rate schedule established by the Borough.
L.
Filming in residential zones shall be permitted only between the
hours of 7:00 a.m. and 9:00 p.m., provided that all requests for night
scenes shall be approved in the permit. The setup, production and
breakdown required by all filming shall be included in the hours as
set forth herein.
M.
The Borough Clerk may authorize filming other than during the hours
herein described. In determining whether to allow an extension of
hours under this subsection, the Clerk shall consider the following
factors:
(1)
Traffic congestion at the location caused by vehicles to be parked
on the public street;
(2)
The applicant's ability to remove film-related vehicles from the
public streets;
(3)
When the applicant is requesting restrictions on the use of public
streets or public parking during the course of the filming;
(4)
The nature of the film shoot itself, e.g., indoors or outdoors, day
or night; and
(5)
Prior experience of the film company/applicant with the Borough,
if any.
N.
Copies of the approved permit will be sent to the Borough of Emerson
Police and Fire Departments before filming takes place and to the
New Jersey Motion Picture and Television Commission. The applicant
shall permit the Fire Department or other Borough inspectors to inspect
the site and the equipment to be used. The applicant shall comply
with all safety instructions issued by the Fire Department or other
Borough inspectors. A fire extinguisher must be maintained on site
at all times.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
O.
In addition to any other fees or costs mentioned in this chapter,
the applicant shall reimburse the Borough for any lost revenue, such
as parking meter revenue, repairs to public property or other revenues
that the Borough was prevented from earning because of filming.
P.
If an applicant wishes to utilize Bergen County property within the
Borough of Emerson, the applicant must obtain a permit from the Bergen
County Film and TV Office and the Borough of Emerson.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Q.
Weapons. If weapons, including but not limited to guns, knives, swords,
cannons, machetes, rifles, and bow and arrows, are used during filming,
the applicant must notify the Borough of Emerson Police Department
of same, even if these weapons are only props.
R.
Pyrotechnics. If an applicant wishes to use pyrotechnics, they must
submit their plan, including the date, time, location and amount of
explosives, to the Borough of Emerson Fire Chief and Fire Prevention
Bureau.
A.
Nothing in this chapter shall be construed to impair or limit in
any way any other power of the Borough of Emerson to define and declare
nuisances and to cause their removal or abatement by summary proceedings
or otherwise.
B.
Nothing in this chapter shall be construed to abrogate or impair
the power of the Borough of Emerson or any officer or department to
enforce any provisions of its ordinances or regulations, or to prevent
or punish violations thereof, and the powers conferred by this chapter
shall be in addition and supplemental to the powers conferred upon
the Borough by any other law or ordinance.
Any person violating this chapter or these rules and regulations,
upon conviction thereof, shall be punished by a fine not exceeding
$1,000 per day, or by imprisonment 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.
