As used in this chapter, the following terms shall have the
listed meanings:
FILMING
The taking of still or motion pictures, either on film or
videotape or similar recording devices, for commercial purposes intended
for viewing in theaters, on television or for institutional uses.
The provisions of this chapter shall not be deemed to include the
filming of news reports, educational student projects or filming of
a political purpose within the Borough of Maywood.
PUBLIC LANDS
Any and every public street, sidewalk, highway, public park
or any other public place within the Borough which is within the jurisdiction
and control of the Borough of Maywood.
No permits will be issued by the Borough, unless applied for
prior to three days before the requested filming date.
No permit shall be issued for filming upon public lands unless
the applicant shall provide the Borough with satisfactory proof of
the following:
A. Insurance coverage as prescribed by the Borough.
B. Certificate of insurance as prescribed by the Borough.
C. An agreement, in writing, whereby the applicant agrees to indemnify
and hold harmless the Borough of Maywood from any and all liability,
expense, claim or damages resulting from the use of public lands.
D. The posting of a cash bond of $500 to the Borough and protecting
and insuring that the location 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 10 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. The hiring of an off-duty Maywood police officer, if required by
the Chief of Police, for traffic control or other reasons of public
safety. Hours that the police officer must be present on the filming
site must be indicated on the permit.
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 Maywood Police Department. Should traffic be affected, the applicant
shall submit a traffic plan to the Chief of Police that shall abide
by all recommendations made by either the Chief of Police or the Borough
administration, to added traffic.
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.
Where the applicant's production activity, by reason of location
or otherwise, 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 shooting
date and be informed that objections may be filed with the Borough
Clerk, said objections to form a part of the 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.
Filming in residential zones shall be permitted Monday through Friday 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 or by a waiver to be granted in accordance with §
175-11 hereof.
The Borough Administrator may refuse to issue a permit whenever
he/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 use and employment of adjoining properties, unreasonably
impede the free flow of vehicular or pedestrian traffic or otherwise
endanger the public's health, safety or welfare. 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, 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.
Any individual aggrieved by a decision of the Borough Administrator denying or revoking a permit or a person requesting relief pursuant to §
175-11 may appeal to the Mayor and Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Administrator. An appeal from the decision of the Administrator shall be filed within seven days of the Administrator'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 supporting the decision of the 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 within the time required, the decision of the Administrator shall be deemed to be reversed, and a permit shall be issued in conformity with the application or the relief pursuant to §
175-11 shall be deemed denied.
The Borough Administrator 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 permit filming
at a particular location in a residential zone for more than three
days, to a maximum of 10 days at any one location other than in connection
with major motion pictures, or may waive any other limitation or requirement
of this chapter whenever they determine that such a permit may be
issued without endangering the public health, safety and welfare.
In determining whether to issue a waiver under this section, the Administrator
shall consider the following factors:
A. Traffic congestion at the location caused by vehicles to be parked
on the public street;
B. Applicant's ability to remove film-related vehicles off the
public streets;
C. When 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., indoors or outdoors, day or
night;
E. Prior experience of the film company/applicant with the Borough,
if any.
Copies of the approved permit will be sent to the Police and
Fire Departments before filming takes place, and to the New Jersey
Film Commission. The applicant shall permit the Fire Prevention Bureau
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 Prevention Bureau or other Borough inspectors.
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.
The schedule of fees for the issuance of permits authorized
by this chapter are as follows:
A. Basic filming permit: $100. Where an applicant requests a waiver of the provision of §
175-4 requiring expedited processing of the permit application, the basic filming permit fee shall be $175.
B. Daily filming fee payable in addition to the basic filming permit:
$200 per day.
Any individual violating this chapter or these rules and regulations,
upon conviction thereof, shall be punished by a fine of $1,000. A
separate offense shall be deemed committed on each day during or on
which a violation occurs or continues.