[HISTORY: Adopted by the Borough Council
of the Borough of Seaside Heights 6-18-2003 by Ord. No. 03-19. Amendments
noted where applicable.]
[Amended 4-19-2017 by Ord. No. 17-10[1]]
A.
ADMINISTRATOR
APPLICANT
APPLICATION
BOROUGH
BROADCASTING
CHANGE REQUEST
CODE
DEPARTMENT OF PURVIEW
ELEMENT
ENTERTAINMENT INDUSTRY WORK
EQUIPMENT
FILMING
HANDHELD DEVICES
PERMIT
PRODUCER
PUBLIC PROPERTY
RESIDENTIAL AREA
SCOUTING
SPECIAL EVENT
TRAFFIC CONTROL PLAN
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The "Borough Administrator" appointed pursuant to § 5-4, Article II.
The individual applying for a permit, who is legally authorized
to bind the producer.
The document created by the Administrator that must be completed
and submitted to the Administrator by a producer or the producer's
authorized representative, in order to request a permit.
The Borough of Seaside Heights.
Transmitting or distributing a program or other information
as by television, radio, the Internet or other medium.
The document created by the Administrator that must be completed
and submitted to the Administrator by a producer or the producer's
authorized representative, in order to request a material change to
a permit.
The Borough of Seaside Heights, Code of Ordinances.
The Borough department that decides or recommends to the
Administrator whether to allow an aspect of filming that is within
the department's operational responsibilities.
An activity that is listed in § 193-15 below.
The production of motion pictures, television series, commercials,
music videos, interactive games and animation, where the final product
is intended to be commercially or publicly released and/or commercially
or publicly distributed or broadcast.
Includes but is not limited to, television, photographic,
film or video cameras or transmitting television and radio equipment,
including radio remotes, props, sets, lights, electric and grip equipment,
dolly tracks, screens, or microphone devices, and any and all production-related
materials. "Equipment" shall not include: a) handheld devices, as
defined below; and b) vehicles that are used solely to transport a
person or persons while engaged in the activity of filming or broadcasting
from within such vehicle, operated in compliance with relevant traffic
laws and rules.
Taking or creating still or motion picture images, either
on film, videotape, webcam, or digital recording medium, or the use
and operation of television cameras or transmitting television equipment,
including radio remotes and any preparatory activity associated therewith,
where the final product is intended to be commercially or publicly
released and/or commercially or publicly distributed for viewing on
television, in movie theatres, on the Internet, or for institutional
use. Filming includes the on-site/on-location preproduction activities
associated therewith. Filming does not include activities performed
as part of: 1) documenting current affairs; 2) producing newscasts;
or location scouting.
Film, still or television cameras, video cameras or other
equipment which are held in the photographer's or filmmaker's
hand and carried at all times with the photographer or filmmaker during
the course of filming. Handheld devices shall not include cables or
any other item or equipment not carried by the photographer or filmmaker
at all times during the course of photography, filming or transmission.
A document validly issued by the Administrator that authorizes
filming or broadcasting and the elements contained therein, if any.
An individual, organization, corporation or any other entity
that is ultimately responsible for the filming or broadcasting that
is the subject of the application and the permit.
Real property and structures owned by the Borough or for
which the Borough is a lessee, including, without limitation, parks,
playgrounds, streets, sidewalks, other rights-of-way, buildings, docks,
boardwalks, beaches. Public property shall also include real property
and structures which are being leased by the Borough to a lessee.
The act of viewing, assessing and photographing locations
for filming or broadcasting during preproduction or production.
Any activity including, without limitation, any walkathon,
bikeathon, racing competition, biathlon, triathlon, block party, concert,
parade, festival, art exhibition, or other organized group of 25 or
more people having a common purpose or goal, proceeding upon any public
property in the Borough. Special events shall include any event which
will require use of a portion of Borough property for sole use by
a person, people or an organized group to the exclusion of the general
public.
A drawing that is submitted with a request for a sidewalk,
street-end, lane, street, boardwalk or beach closure that details
the location of the closures, the alternative routes that will be
utilized for the detoured vehicular and/or pedestrian traffic, and
the mechanisms (including, without limitation, barricades and signage
and the locations thereof) for implementing the closures and alternatives.
B.
Determination of Special Events Coordinator. In the event that an
application is received by the Special Events Coordinator which in
the judgment of the Special Events Coordinator may not be required
pursuant to this chapter, the Special Events Coordinator shall then
consult with the Borough Administrator to determine whether the application
must be completed or returned to the applicant unprocessed.
C.
Additional police protection. If the Seaside Heights Chief of Police determines that additional police protection/manpower is necessary to maintain peace and good order and control traffic and spectators at the site of a special event or filming event, the cost thereof determined by the Chief of Police shall be paid by the applicant in accordance with § 166-6 of Chapter 166 of the Code. The applicant shall execute an agreement with the Borough setting forth the terms and conditions of the arrangement.
[1]
Editor's Note: This ordinance also changed the title of this
chapter from "Special Events" to "Special Events and Filming Permits."
[Amended 3-21-2012 by Ord.
No. 12-02]
An application to conduct such special event
shall be submitted to the Special Events Coordinator together with
an application fee, in writing, by the person or persons in charge
or responsible therefor. Such application shall set forth the following
information:
A.
The name, address and telephone number of the person
requesting the special event permit. The person requesting the permit
shall be deemed the contact person for the event unless otherwise
specified. If a second person is specified as the contact person for
the event, then that person's name, address and telephone number shall
also be provided.
B.
The name and address of the organization or group
the applicant is representing.
C.
The name, address and telephone number of the person
or persons who will act as chairman of the special event and be responsible
for the conduct thereof. If said person shall be the same as the contact
person, same must be specified.
D.
The number of agents or representatives of the organization
hosting the special event who will be present at the time of and during
the special event shall be provided. Names of such agents and representatives
shall be provided. Some identifying clothing or accessory, such as
name tags, shall be worn by each representative or agent so as to
make such persons readily identifiable. The Special Events Coordinator
shall approve any such clothing or accessory as sufficient to identify
event personnel.
E.
The activities planned for the event, the estimated
number of persons to participate and/or attend, and the number and
types of vehicles (if any) to participate.
F.
The method of notifying participants and invitees
of the rules and regulations governing the special event, if appropriate.
G.
The date the event is to be conducted and the hours
it will commence and terminate.
H.
The specific assembly and dispersal locations, the
specific route and the plans, if any, for assembly and dispersal.
I.
Whether any music will be provided, either live or
recorded.
J.
The number, types and locations of all loudspeakers
and amplifying devices to be used.
K.
Such other information as the Special Events Coordinator
may deem necessary in order to properly provide for traffic control,
street and property maintenance and the protection of the public health,
safety and welfare.
A.
A person seeking issuance of a parade permit shall file a supplemental application with the Special Events Coordinator. Said application shall be in addition to the general special events application required pursuant to Subsection A.
B.
An application for a parade permit shall be filed
with the Special Events Coordinator not less than seven nor more than
30 days before the date on which it is proposed to conduct the parade.
C.
The application for a parade shall set forth the following
additional information:
(1)
The route to be traveled, the starting point and the
termination point.
(2)
The approximate number of persons, animals and vehicles
that will constitute such parade; the type of animals and description
of the vehicles.
(3)
The hours when such parade will start and terminate.
This information shall be in addition to the information provided
above which shall indicate the start and end times of the entire event.
The answer to this question shall specify the actual time for the
duration of the parade itself to the exclusion of any pre or post
activities.
(4)
A statement as to whether the parade will occupy all
or only a portion of the width of the streets proposed to be traversed.
(5)
A listing of locations by streets of any pre-parade
assembly areas for such parade and the time at which units of the
parade will begin to assemble at any such area or areas. For purposes
of the public health, safety and welfare, these times must be specific
and rounded to the quarter hour. The general time of the parade route
shall not include the assembly time. For each street upon which assembly
will occur, a separate time must be provided, as well as an estimated
time of departure from that street to begin the parade. By providing
times, the applicant for a parade permit is acknowledging that the
parade is scheduled to move from the point of origin to its point
of termination expeditiously and without unreasonable delays en route.
(6)
The interval of space to be maintained between units
of such parade.
(7)
Any additional information which the Special Events
Coordinator shall find reasonably necessary for a fair determination
as to whether a permit should issue and any information necessary
to secure the public health, safety and welfare.
(8)
If the parade will use or traverse any state or county
road or highway within the Borough of Seaside Heights, the application
shall be accompanied by a written consent or other written authorization
to hold such parade on the date and the time requested, issued by
the public agency or body having jurisdiction and control over said
road or highway.
D.
The Special Events Coordinator shall have the authority
to consider any application hereunder which is filed less than seven
days before the date such parade is proposed to be conducted and may,
at his or her discretion, waive the requirement for certain information
if found to be unnecessary based on the application.
Once a completed application is submitted, the
Special Events Coordinator shall review the application. Once the
Special Events Coordinator has completed his or her review of the
application, he or she shall make a recommendation to the governing
body. Upon consideration of the recommendation of the Special Events
Coordinator, if the governing body shall find that the special event
is not to be held for any unlawful purpose and will not in any manner
endanger the public health, safety and welfare or unnecessarily interfere
with the public use of the streets and sidewalks, the governing body
may approve the application. After giving consideration to the recommendations
of the Special Events Coordinator, the final determination as to whether
or not a permit shall be issued shall be made by the governing body.
All completed special event applications shall
be presented to the governing body by the Special Events Coordinator
at the meeting next following the filing of the completed application.
The Special Events Coordinator may exercise reasonable discretion
in holding an application from consideration if the Special Events
Coordinator determines that an informed decision cannot be made by
the governing body without first obtaining additional essential information.
Any permit granted under this chapter may contain
conditions reasonably calculated to reduce or minimize dangers and
hazards to vehicular or pedestrian traffic and the public health,
safety and welfare, including, but not limited to, changes in time,
duration or number of participants. In all cases, the following shall
apply:
A.
The conduct of the special event will not substantially
interrupt the safe and orderly movement of other traffic contiguous
to its route or location.
B.
The conduct of the special event will not require
the diversion of so great a number of police officers of the Borough
to properly police the line of movement and the areas contiguous thereto
as to prevent normal police protection to the Borough.
C.
The conduct of such special event will not require
the diversion of so great a number of ambulances as to prevent normal
ambulance service to portions of the Borough other than those to be
occupied by the proposed line of march and areas contiguous thereto.
D.
The concentration of person, animals and vehicles
at assembly points of the special event will not unduly interfere
with proper fire and police protection of or ambulance service to
areas contiguous to such assembly areas.
E.
The conduct of such special event will not interfere
with the movement of fire-fighting equipment en route to a fire.
F.
The conduct of the special event is not reasonably
likely to cause injury to persons or property, to provoke disorderly
conduct or create a disturbance.
G.
All directional signs erected in connection with the
special event shall be removed within 24 hours of the termination
of the event.
Pursuant to N.J.S.A. 40:67-16.9, for the purpose
of carrying out the preceding sections of this chapter, the governing
body authorizes the Mayor to provide, by regulation, for the closing
of any Borough-owned street, or portion thereof, to motor vehicle
traffic on any day or days or during specified hours on any day or
days whenever he/she finds that such closing is necessary for the
preservation of the public safety, health or welfare. Any regulations
promulgated by the Mayor pursuant to the authority of this section
shall provide for the posting of proper warning signs of such closing
of any street, or portion thereof, during the time same is closed.
If any county-owned street needs to be closed in connection with the
special event, it shall be the responsibility of the applicant to
obtain the approval for the same from the county prior to the commencement
of the special event. Proof of such approval shall be provided prior
to the commencement of the special event. However, the governing body
may, in its discretion, approve an application contingent upon the
providing of such proof.
[Amended 5-19-2004 by Ord. No. 04-07]
A.
All applicants must provide a certificate of insurance
specifically naming the Borough of Seaside Heights as an additional
insured providing general liability, bodily injury and property damage
coverage with minimum limits of liability not less than $1,000,000.
B.
The applicant shall agree to indemnify, defend and
hold harmless the Borough, its agents, servants, representatives and
employees, from and against all losses, damages, claims, liabilities
and causes of action of every kind, or character and nature, as well
as costs and fees, including reasonable attorneys' fees connected
therewith, and the expense of investigation thereof, based upon or
arising out of damages or injuries to third persons or their property
caused by the acts, omissions or negligence of the applicant, anyone
for whose acts the applicant may be liable, or any claims arising
out of or in any manner relating to the activities permitted pursuant
to this chapter to the extent permitted by law. The applicant shall
give the Borough prompt and reasonable notice of any such claims or
actions.
C.
Any applicant that is insured by the Ocean County Joint Insurance Fund shall be exempt from the requirements listed in § 193-8A and B above. If an organization other than the applicant will be using Borough property in connection with participation in a particular event and no separate application is submitted by that organization, the organization must comply with the requirements listed in § 193-8A and B above. If the additional organization(s) is also insured by the Ocean County Joint Insurance Fund, then that organization shall also be exempt from the requirements listed in § 183-8A and B above.
[Added 4-19-2017 by Ord.
No. 17-10]
A.
The intent of the Borough in adopting this filming and broadcasting
chapter is to facilitate entertainment industry work performed in
the Borough while safeguarding the interests of Borough residents
and businesses. The chapter delegates responsibility for processing
applications and permits within the Department of Administration under
the direction and supervision of the Administrator which will be dedicated
to responding to the needs and issues pertaining to entertainment
industry work. The chapter simplifies the permitting requirements
associated with filming and broadcasting by enabling entertainment
industry professionals to obtain required Borough approvals through
the Department of Administration rather than through numerous individual
departments. It strengthens the Borough's ability to anticipate
and provide adequate services for single or multiple filming or broadcasting
projects throughout the Borough. It also enhances the Borough's
ability to accommodate unanticipated circumstances and requested changes.
B.
The Administrator and the Department of Administration similarly
will respond to the needs of Borough residents and businesses regarding
entertainment industry work. Although filming and broadcasting can
bring positive exposure and economic benefits to a community, in many
instances these activities can have negative side effects, unrelated
to the subject matter or expressive content of the film or broadcast,
that can seriously disrupt peace and good order or impose unanticipated
costs on the Borough, particularly the additional police protection,
emergency medical services, and Public Works Department services and
resources often required.
C.
Some of these negative side effects include: the presence of trucks
and trailers to store equipment and house cast, creating traffic and
parking problems; the attractive nuisance created by the filming,
which can attract crowds of onlookers; excessive noise and lighting;
the erection and placement of filming equipment, which can obstruct
public rights-of-way and other areas; activities extending well into
the late nighttime or early morning hours, disturbing neighbors'
peace and quiet enjoyment; the necessity of a constant police presence
to keep the site secure and maintain order; and disorderly activities
committed by either crew or cast members, or visitors to the site.
D.
These undesirable effects are particularly acute in residential neighborhoods,
where residents have a legitimate and legally protectable right to
be free from unwanted and unnecessary intrusions into the peace and
sanctity of their homes.
E.
Both the federal and state judiciaries have repeatedly reaffirmed
that the protection of the well-being, tranquility, and privacy of
the home, and the quality of life and aesthetic character of neighborhoods,
is a legitimate governmental interest justifying reasonable time,
place, and manner restrictions on expressive activities, including
filmmaking and broadcasting.
F.
This chapter is intended to advance that interest and control the
undesirable effects of filmmaking and broadcasting while advancing
the Borough's commitment to being a community to work, live,
and visit.
[Added 4-19-2017 by Ord.
No. 17-10]
A.
The Borough Administrator and Department of Administration shall
be responsible for responding to the needs and issues pertaining to
entertainment industry work.
B.
The Administrator and Department of Administration will serve as
a resource for the Borough's residents and businesses, providing
information upon request about current or scheduled filming, helping
to resolve problems that arise from entertainment industry work, and
acting as a liaison between residents, businesses and the entertainment
industry to address inconvenience experienced generally and with regard
to a specific project. The Administrator and his office will also
serve as an ambassador to the entertainment industry, providing information,
answering questions, helping to resolve challenges and facilitating
the industry's work in the Borough. The office will implement
other mechanisms that enhance the experience of all people performing
and effected by entertainment industry work, which may include an
informational web page and online permitting. While permits are required
for entertainment industry work that occurs on public property only,
the Administrator and Department of Administration will be a resource
and liaison for all entertainment industry work, including work that
occurs on private property.
[Added 4-19-2017 by Ord.
No. 17-10]
A.
Any producer that wishes to perform entertainment industry work,
including filming or broadcasting, on public property or in a residential
area under a waiver must first obtain a permit.
B.
Permits are issued under the authority of the Administrator on behalf
of the Borough Council.
C.
Permits are issued to the producer.
D.
A permit is required for each location where filming or broadcasting
will take place.
E.
All permit applications will be processed on a "first come, first
served" basis. If two or more permit applicants request the same date
and the same location, the filming or broadcasting application that
was received first shall be first eligible for approval.
F.
Duration of permits. Permits shall be valid for a minimum of one
day and a maximum of 30 days calculated from the date of issuance.
Longer filming or broadcasting periods require additional permits
and payment of the established application and permit fees.
G.
A permit will specify the filming or broadcasting that may occur
at a particular location at a particular time. The permit will authorize
element(s) to be performed as part of the filming or broadcasting
provided that the elements have been approved by the Administrator
after consultation with the department of purview.
H.
Where the application includes a request to close all or any portion
of a Borough street, lane and/or sidewalk, dock, beach or boardwalk,
the request shall be evaluated under and the closure must comply with
all pertinent sections and subsections of this chapter applicable
to the filming or broadcasting at issue.
I.
A producer that receives a permit is responsible for knowing and
complying with all other laws, including other ordinances and regulations
that establish prerequisites, authorizations and other required permissions
applicable to the filming.
J.
Where permitted filming or broadcasting includes advertising signs
or other displays of commercial speech, the signs and/or displays
must be removed upon the expiration of the permit.
K.
Notwithstanding any other part of this Code, any producer that performs filming or broadcasting without receiving a permit, violates the material terms of a permit, or is otherwise in violation of this entertainment filming and broadcasting ordinance, shall be subject to the provisions of § 193-22.
L.
Notice. Applicants are required to provide written notice to any
residents, businesses, and merchants located within a three-block
radius of the site. The notice shall state the location and approximate
duration, and describe the nature and extent of the filming or broadcasting.
The notice shall be provided no later than the date and time contained
in the permit. The applicant shall provide the Administrator proof
that notice was provided within 24 hours of the notice date and time.
M.
Hold harmless/indemnification. Applicants must agree in writing to
hold harmless and indemnify the Borough and its officials, employees,
and agents for any and all claims, liabilities, judgments, and damages,
including reasonable attorneys' fees and costs of suit, resulting
from death, bodily injury, or property damage arising out of or in
any way connected with their filming or broadcasting activities.
N.
Additional police protection. If the Seaside Heights Chief of Police determines that additional police protection/manpower is necessary to maintain peace and good order and control traffic and spectators at the site of a special event or filming event, the cost thereof determined by the Chief of Police shall be paid by the applicant in accordance with § 166-6 of Chapter 166 of the Code. The applicant shall execute an agreement with the Borough setting forth the terms and conditions of the arrangement.
O.
The Administrator and the departments of purview shall compile and
maintain rules and guidelines applicable to the use of public property
for filming or broadcasting, including the elements that are part
of the filming or broadcasting, and shall apply those rules and guidelines
equally regardless of the subject matter of the filming or broadcasting
and/or the content of the speech therein.
P.
While it is the intent of the Borough to honor each permit, the issuance
of such permit shall not grant the producer a constitutionally protected
property interest.
[Added 4-19-2017 by Ord.
No. 17-10]
A.
The following types of filming and broadcasting are exempt from the permitting requirement of § 193-11 above. This provision does not exempt a producer from complying with other applicable code provisions, laws, ordinances or regulations that require elements or other activities included in the filming or broadcasting to be permitted or approved by the appropriate governmental entity.
(1)
First Amendment activity.
(a)
Filming or broadcasting associated with any permitted or unpermitted
parade, rally, protest or demonstration, except when the same is staged
for the sole purpose of being included in the filming's final
product.
(b)
Filming or broadcasting associated with any permitted or unpermitted
parade, rally, protest or demonstration, except when using vehicles
or equipment.
(c)
Filming or broadcasting associated with an outdoor event that
is authorized by a Borough-issued outdoor special event permit, as
defined in this chapter, except when the same is staged for the sole
purpose of being included in the film's or broadcast's final
product.
(2)
Other than First Amendment activity.
(a)
Coverage of news or matters of public importance by print, broadcast,
or electronic media.
(b)
Filming of limited duration intended primarily for personal,
documentary, or promotional purposes that does not involve a movie
studio or production company.
(c)
Filming or broadcasting occurring on public property involving the use of handheld devices as defined by § 193-1.
[1]
If such activity does not involve the assertion by any means
of exclusive use of all or any section of the public property.
[2]
For purposes of this subsection, standing on public property
while using a handheld device and not otherwise asserting exclusive
use by any means is not activity that requires a permit.
[Added 4-19-2017 by Ord.
No. 17-10]
The use of a press pass issued by the Seaside Heights Police
Department or Department of Administration where an individual is
acting in furtherance of the activity authorized by such press pass,
and is engaged in filming or broadcasting as defined in these rules,
does not require that a permit be obtained pursuant to this chapter.
[Added 4-19-2017 by Ord.
No. 17-10]
A.
Residential areas. Filming and/or broadcasting is prohibited in any
residential area unless the Administrator grants a waiver.
B.
Exceptions. The prohibition in Subsection A above does not apply to:
(1)
Coverage of news or events of public importance by print, broadcast,
or electronic media.
(2)
Filming or broadcasting of limited duration, intended for personal,
documentary, or promotional purposes, conducted primarily or exclusively
in the interior or immediate exterior of a residential dwelling, that
does not involve a movie studio or production company.
[Added 4-19-2017 by Ord.
No. 17-10]
A.
An applicant shall indicate on the application each of the elements
listed below that will be included in the filming or broadcasting.
The final decision of whether to allow the element shall be made by
the Administrator after consultation with the department of purview.
Prior to denying permission to perform an element, the Administrator
and a representative from the department of purview shall consult
with the producer in an attempt to find alternative ways to accommodate
the producer's filming needs.
B.
This section applies to the activities listed below only when they
occur on public property. Where the element requires approval from
an additional governmental jurisdiction, the producer must obtain
that approval as well. The elements are as follows:
(1)
Nighttime filming or broadcasting with the use of outdoor lighting
where a residence exists within 150 feet from the location of an outdoor
light;
(2)
Filming or broadcasting in buildings that are owned by the Borough
or leased to a third party by the Borough, or in buildings of which
the Borough is a lessee;
(3)
Use of public property that is owned, leased or maintained to or
by the Borough;
(4)
Use of a temporary structure that requires permitting by any local,
county, state or federal agency;
(5)
Use of intellectual property belonging to the Borough, Seaside Heights
Tourist Development Commission, or the Seaside Heights Business Improvement
District;
(6)
Closure of all or any section of a street, lane and/or sidewalk,
dock, beach or boardwalk;
(7)
Use of pyrotechnics or other explosives;
(8)
Use of smoke effects, water effects, or flame effects;
(9)
Display of real or artificial fire arms, grenades, or other weapons
that would cause the public to fear violence;
(10)
Vehicle chases and/or vehicle crashes;
(11)
Dangerous stunts that have a reasonable likelihood of causing
substantial personal injury;
(12)
Use of large or any other equipment that has a reasonable likelihood
of causing damage to public property;
(13)
Filming or broadcasting in a Borough park or from a Borough
beach or boardwalk; and
(14)
Use of wild animals controlled under federal, state, or county
law and/or ordinances.
[Added 4-19-2017 by Ord.
No. 17-10]
A.
A producer that wishes to perform filming or broadcasting must submit to the Administrator a completed application and the application fee set forth in § 193-21 below. Where the producer is an organization, corporation or other entity, the application must be signed and submitted by an individual authorized to bind the producer.
B.
The application shall include, but not be limited to, the following:
(1)
The filming or broadcasting project name;
(2)
The name and contact information of the applicant, including postal
address, email address, and telephone number;
(3)
A valid photo identification of the applicant;
(4)
The name and contact information of the producer (if the applicant
is not the producer);
(5)
The dates, times and locations of the filming or broadcasting for
which a permit is being requested, and a general description of the
filming or broadcasting activity that will occur at each location;
(6)
A description of any elements that may be performed during the filming
or broadcasting, including the dates, times and locations of each;
(7)
A description of any aspects of the filming or broadcasting, other
than the elements, that may require Borough services;
(8)
A description of any assistance the producer may need from the Administrator
and Department of Administration, and/or concerns that the producer
wants the Administrator and Department of Administration to be aware
of; and
(9)
Where the producer is a student, an official letter or document from
her/his school confirming that s/he is currently enrolled there. In
addition, the student must appear in person at the Department of Administration
and present her/his current student identification card and a valid
driver's license. Where the student does not have a driver's
license, s/he may present a different form of identification that
includes her/his photo.
C.
There is no deadline by which a permit application must be submitted
to the Administrator; however, where a permit application includes
a request for a street or beach or boardwalk closure, the closure
portion of the application will not be approved unless it is received
at least 10 business days prior to the closure.
[Added 4-19-2017 by Ord.
No. 17-10]
A.
The Administrator may deny an application if the Administrator reasonably
determines that one or more of the below-listed conditions exists.
Prior to denial, the Administrator shall make reasonable efforts to
consult with the producer in an attempt to resolve issues of concern
and/or find alternative ways to accommodate the producer's filming
or broadcasting needs.
(1)
The filming or broadcasting poses an unreasonable risk of personal
injury or property damage to people or property not associated with
the filming or broadcasting;
(2)
The filming or broadcasting poses an unreasonable risk of damage
to public property;
(3)
Filming or broadcasting would unreasonably interfere with the use
and enjoyment of adjoining properties;
(4)
Filming or broadcasting would unreasonably impede the free flow of
vehicular or pedestrian traffic;
(5)
The location sought is not suitable because the proposed use cannot
reasonably be accommodated in the proposed location;
(6)
The applicant is unlikely to comply with the material terms of the
requested permit;
(7)
Filming or broadcasting would endanger the public's health,
safety, or welfare, or otherwise create a public nuisance;
(8)
Filming or broadcasting would negatively affect residents' quality
of life;
(9)
Filming or broadcasting would negatively impact local businesses;
(10)
Filming or broadcasting would unduly strain Borough resources;
(11)
Noncompliance with the provisions of this chapter;
(12)
Other municipalities' experience with the applicant's
activities;
(13)
The cast or crew's prior criminality;
(14)
The date and time requested for a particular location conflicts
with previously issued permits or permissions for filming, broadcasting,
outdoor events, or other activities;
(15)
Use of the location, or use of the location during the date
or time requested, would unreasonably interfere with the operation
of Borough functions, especially between Memorial Day weekend and
Labor Day weekend;
(16)
Use of the location or the proposed activity at the location
would violate a law, ordinance, statute or regulation, regardless
of whether the illegal activity is part of the message or content
of the filming. A permit shall not be denied based upon simulation
of an illegal activity where the actual illegal activity is not being
performed;
(17)
The producer owes an outstanding debt to the Borough;
(18)
The producer previously caused significant damage to public
property and, at the time of submitting the application under consideration,
failed to adequately repair the damage or pay in full the Borough's
invoice for damage repair and restoration of services;
(19)
The producer previously violated this chapter, including without
limitation by violating a material condition and/or restriction of
a permit;
(20)
The applicant made a material misrepresentation or gave incorrect
material information on the application.
B.
Where the Administrator reasonably determines that one or more of
the conditions set forth above exists and that the application should
therefore be denied, the Administrator shall issue a written communication
to the applicant that includes an explanation for the denial.
C.
In the event that permission to perform an element is denied, the
Administrator will process the remainder of the application and grant
all other aspects of the filming or broadcasting for which the requirements
have been met.
D.
In no event shall the Administrator's or any Borough employee's
evaluation of whether to grant or deny the application, including
any of the elements, include consideration of: a) the race, color,
creed, religion, gender, age, disability, domestic relationship status,
parental status, familial status, sexual orientation, national origin,
gender identity, political affiliation or associational relationships
of the applicant, producer or any person associated with the filming;
or b) the message or content of the filming.
[Added 4-19-2017 by Ord.
No. 17-10]
A.
Grounds for appeal. An aggrieved applicant may appeal the denial
of a permit, or the imposition of any conditions imposed thereon,
in accordance with the procedures set forth below.
B.
Time for appeal. The appeal must be submitted in writing to the Administrator
no later than seven business days following the decision denying or
conditionally approving the permit.
C.
Appeal panel. The appeal will be reviewed by the Seaside Heights
Borough Council. The appeal will be adjudicated based on the written
submission of the applicant.
D.
Standard of review.
(1)
The denial of a permit, or the imposition of any conditions thereon,
may be overturned only upon a showing by clear and convincing evidence
that the filming or broadcasting will not produce any of the negative
effects upon which the original denial was based.
(2)
The denial of a permit pursuant to § 193-17 may be overturned only upon a showing by clear and convincing evidence that the filming or broadcasting:
E.
Decision on appeal. The Seaside Heights Borough Council shall issue
a written decision affirming, reversing, or modifying the original
determination no later than 30 days following the filing of the appeal.
[Added 4-19-2017 by Ord.
No. 17-10]
A.
A producer or producer's designee must have the permit on site
at the time and location of the filming or broadcasting, and must
also have on site any other permits required for that location by
the Borough or any other governmental agency.
B.
A producer must confine filming to the locations, times, guidelines
and conditions specified in the permit and must abide by all other
material terms of the permit.
C.
Permits are not transferable.
D.
A producer must clean and repair the filming location, and restore
it to the condition it was in immediately prior to the filming, unless
otherwise agreed upon in writing by the Administrator and the producer.
The Administrator will inspect the filming location after the filming
is completed to ascertain whether this requirement has been met. Where
a producer fails to fulfill this requirement, the Administrator will
bill the producer for the cleaning, repair and/or restoration costs
borne by the Borough, and the producer must pay the invoice in full
within 30 days of receipt.
E.
Permits shall require the producer to notify the Administrator immediately
upon learning of any emergency event regarding or arising from the
filming or broadcasting that involves the media, the police or fire
departments or emergency medical services.
F.
Vehicle parking. Only vehicles with permits issued by the Seaside
Heights Police Department will be allowed to park in areas designated
for the rigging or shooting activity at the time(s) and location(s)
described in the applicable permit.
G.
Dolly track or other equipment. No dolly track or other equipment
may be laid across a street or block a fire lane without prior approval
of the Administrator and the Seaside Heights Police Department.
H.
Pyrotechnics. The use of pyrotechnics, fire effects and explosions,
including simulated smoke and smoke effects, shall be conducted only
upon authorization by the New Jersey Division of Fire Safety or other
approval agencies and subsequent approval shall be obtained from the
Administrator prior to shooting.
I.
Animals. The use of wild animals shall be used only upon authorization
by the appropriate New Jersey department or agency, and subsequent
approval shall be obtained from the Administrator prior to shooting.
J.
Potentially dangerous activities. Conduct or activities associated
with rigging or shooting permits which are determined by the Administrator
to cause a potential danger to persons or property will be referred
by the Administrator for approval by the Seaside Heights Police Department
or other governmental agency having jurisdiction over such activity.
Such activities shall include, but not be limited to, the use of stunts,
helicopters, firearms or simulated firearms.
K.
Trees and plantings. Trimming, damaging, removing or cutting trees
or vegetation on public property is prohibited without the prior approval
of the Administrator.
L.
Street structures. No street signs, lights, postal boxes, parking
meters or any other permanent street structure may be removed or altered
without the prior approval of the Administrator and/or local, state
or federal agencies charged with maintaining such structures.
M.
Production location access. If determined by the Administrator to
be appropriate, permittees shall submit a mitigation plan for minimizing
the potential inconvenience to residents and/or businesses caused
by rigging or shooting activities.
N.
Food services. There shall be no sit-down catered meals permitted
on public streets or sidewalks.
O.
Code of conduct. The Administrator shall issue a location code of
conduct that addresses the importance of considerate behavior on the
set of all rigging and shooting activities. The permittee is responsible
for providing a copy of the code of conduct to the cast and crew of
each permitted rigging or shooting activity. Permittees shall be required
to encourage participants in the permitted event to act in accordance
with such code.
P.
A producer is responsible for:
(1)
Knowing and complying with all Borough ordinances and other laws
applicable to the filming or broadcasting and to the other activities
arising from the producer's permit; and
(2)
Requiring and using commercially reasonable efforts to enforce the
requirement that any person working for or at the direction of the
producer (including without limitation contractors) complies with
all Borough ordinances and other laws applicable to the filming or
broadcasting and to the other activities arising from the permit.
Q.
The requirements of § 193-20P(2) above shall include without
limitation that the producer is responsible for obtaining any and
all permissions, licenses or other required authorizations for use
of intellectual property, including intellectual property which is
on public property but is not owned by the Borough.
R.
Notwithstanding issuance of permit pursuant to this article, a producer
is prohibited from acting or claiming to act as a representative or
agent of the Borough or Administrator, and from indicating Borough
endorsement of the filming or broadcasting, except as otherwise agreed
to in writing by the Administrator. This provision shall not prohibit
the producer's use of the Borough logo in the filming credits.
S.
The Administrator shall require that notification be given to residents
and businesses within a three-block radius of a location for which
a permit has been issued. The Administrator may provide the notification,
may require the producer to provide the notification, or may utilize
a different mechanism for providing notification. The notification
must state that a filming or broadcasting permit has been issued,
and must include the date(s), time(s), location(s) and activities
that are authorized by the permit. The Administrator shall determine
the most effective means and timing of notification based upon factors
such as the type of impact that the filming or broadcasting will have
on the neighborhood, the time between receipt of the application and
commencement of the filming or broadcasting, the producer's budget
and previous communications from a neighborhood regarding notification
preferences.
[Added 4-19-2017 by Ord.
No. 17-10]
After a permit has been approved by the Administrator, it will
be issued once the following have occurred:
A.
The producer signs an indemnification provision on the permit whereby
the producer agrees to indemnify the Borough and its officials and
employees from all claims, losses and expenses, including attorneys'
fees and costs, that may arise from the permit and any of the activities
performed pursuant to the permit by, on behalf of, or at the direction
of the producer, except to the extent that that claims, losses and/or
expenses are caused by the negligence or intentional misconduct of
the Borough, its officials and/or employees;
B.
The producer signs a provision agreeing to comply with all applicable environmental laws, including an agreement not to allow legally prohibited contaminants from entering the sewage and stormwater drainage systems serving the area where the filming or broadcasting will occur. The producer must sign a separate indemnification clause, such as the one described in Subsection A immediately above, that pertains specifically to environmental breaches and includes without limitation the fines and cleanup costs associated therewith;
C.
The producer obtains insurance coverage in an amount determined by
the Borough's risk manager, covers the Borough as an additional
insured on the policy, and provides proof of the coverage in a manner
established by the Borough's risk manager;
[Added 4-19-2017 by Ord.
No. 17-10]
A.
The Borough Clerk shall collect all applicable fees arising pursuant
to this chapter. These fees are set forth below, and in other sections
of the Code pertaining to the cost of services or goods provided by
other Borough departments.
(1)
Nonrefundable application fee. A filming or broadcasting permit application
must be accompanied by a nonrefundable application fee in the amount
set forth below. An application shall not be deemed complete until
the application fee is received by the Borough Clerk.
(2)
Filming or broadcasting permit fee. A permit authorizes all filming
or broadcasting for a particular project during a calendar month,
regardless of the number of filming or broadcasting locations. A permit
is valid through the last day of the calendar month and may be renewed
for additional calendar months.
(3)
Standard permit fee. The following fees apply when the completed
permit application is submitted to the Administrator more than three
business days prior to the effective date of the permit:
(4)
Rush permit fee. Where a completed filming or broadcasting permit
application is submitted to the Administrator three or fewer business
days prior to the intended effective date of the permit, the producer
must pay the standard permit fee plus the rush fee set forth below
in this subsection. Additionally, where a producer submits an application
more than three business days prior to the intended effective date
of the permit, the producer voluntarily may pay the standard permit
fee plus the rush fee in order to have the application processed within
three or fewer business days.
(5)
Cancellation fee. Except as set forth in § 193-21A(6) below, a filming or broadcasting permit fee is nonrefundable.
(6)
A filming or broadcasting permit fee is refundable if cancellation
is required because of extraordinary circumstances for which the producer
is not responsible and which are not within the producer's control.
Inclement weather, except for declared states of emergency, and common
illness shall not be deemed extraordinary circumstances.
(7)
Traffic control plans. Entertainment industry work performed at certain
locations will require a traffic control plan. The Administrator is
authorized but not required to offer the service of preparing traffic
control plans associated with entertainment industry work. The cost
of having the Administrator prepare a traffic control plan is as follows:
(a)
For nonstudents:
[1]
Traffic control plan for lane and/or sidewalk closure(s) only:
$250.
[2]
Traffic control plan for street closure(s) only: $400.
[3]
Traffic control plan for street closure(s) plus lane and/or
sidewalk closure(s) (where the lane and/or sidewalk is not part of
or abutting the street being closed): $600.
(b)
For students, any type of traffic control plan: $25.
B.
The Administrator's preparation of a traffic control plan will
include submitting the plan to the Seaside Heights Police Department
for review, and editing the plan as needed to meet the requirements
of the Police Department.
C.
The producer is not required to have the Administrator prepare the
traffic control plan, and there will be no penalty against or differential
treatment of any producer who has the plan created by a person or
entity other than the Administrator.
D.
Street closures permits — minimum notice. A full street closure
will not be permitted unless the application or change request is
submitted at least five business days prior to the closure.
E.
Rush fees may not be utilized for full street closure requests.
[Added 4-19-2017 by Ord.
No. 17-10]
A.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of no less than $100 and no more than $1,250, by imprisonment
not to exceed 90 days or by community service of not more than 90
days or any combination of fine, imprisonment and community service,
as determined in the discretion of the Municipal Court Judge. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
B.
The violation of any provision of this chapter shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
