[Ord. No. 33-2018, § 1]
The following terms, when used in this article, shall have the
meanings indicated:
The taking of still or motion pictures either on film, videotape,
digital or similar recording medium for commercial or educational
purposes intended for viewing on television, the internet, in theaters,
or for institutional uses.
Any film which is financed and/or distributed by a major
motion picture or television production studio, company or corporation,
or filming activity connected with any part of a production with an
overall budget of $2,000,000 or more; or any reoccurring television
series programming.
All activities attendant to the staging and/or shooting of
commercial motion pictures, television series, television movies,
commercials and to the taking of still photography for commercial
use where the photographer sets up stationary equipment in any one
location for longer than 60 consecutive minutes.
Any and every public building, public street, highway, sidewalk,
square, park, playground or any other public place within the Borough
which is within the jurisdiction and control of the Borough of Morris
Plains.
Motion picture, television pictures or commercial still photography
produced to satisfy a course requirement or curriculum requirement
at a grade school, middle school, high school, college, university
or other bona fide educational institution. The student filmmaker
must supply proof of current enrollment in any such educational institution.
[Ord. No. 33-2018, § 1]
(a)
No person, firm or corporation shall film or permit filming within
the Borough of Morris Plains without first obtaining a filming permit
application, obtaining the required approvals, and filing the completed
filming permit application and approvals, together with the applicable
permit processing and daily filming fees with the Borough Clerk at
least 10 calendar days prior to the first date that filming is to
take place.
(b)
Borough filming permit applications may be obtained from the Borough Clerk's office during normal business hours. Applications for such permits shall be in a form approved by the Borough Clerk and be accompanied by the permit processing and daily filming fees set forth in the Fee Schedule of the Borough, Chapter 2, Section 2-46 of the Revised Ordinances.
(c)
The film permit application shall include the following information:
(1)
Location of filming on private or public property;
(2)
Proposed duration of filming, including date(s) and hours;
(3)
Detailed and specific information regarding the nature, character
and amount of space on public property requested for filming;
(4)
Contact information of applicant, including name and phone number
of the person who will be on site and in charge during the entire
period covered by the filming permit.
(d)
A permit shall be required for filming in each separate location
within the Borough.
(e)
Duration of time authorized.
(1)
A permit shall be sufficient to authorize filming on three calendar
days within a period of not more than five consecutive calendar days
beginning on the date of issuance of the permit, provided that each
such date on which filming is to take place shall be specified in
the permit.
(2)
Permission for filming in excess of the number of days as set forth
in Paragraph (e)(1) of this section may be granted by the Borough
Council upon the filing of a request with the Borough Clerk seven
calendar days in advance of the Borough Council meeting at which the
matter is to be considered. A copy of the permit application shall
be attached to the request. See also Section 8-52(j).
(f)
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 and with proper
notice by the applicant to the affected property owners and businesses
and with the approval of the Police Department and any other relevant
Borough departments, issue a new permit for filming on other dates
subject to full compliance with all other provisions of this article.
No additional fee shall be paid for one additional new permit under
this paragraph.
[Ord. No. 33-2018, § 1]
(a)
A permit shall be limited to no more than five calendar days per
filming project.
(b)
No more than two permits shall be issued by the Borough for filming
that will take place in any residential zones without a waiver pursuant
to Paragraph (g) of this section.
(c)
Issuance of permits.
(1)
No permit shall be issued by the Borough Clerk unless a completed
filming permit application is filed with the Borough Clerk's
Office at least 10 calendar days prior to the first date filming is
to take place. However, the Borough Clerk may waive the ten-calendar-day
requirement if, in the judgment of the Borough Clerk, the applicant
has obtained all required approvals and no adjacent property owners
or businesses need to be notified.
(2)
Where the filming is to take place in any nonresidential zone in
the Borough, the Borough Clerk shall act as liaison to the merchants
and property owners in the nonresidential district. In that regard,
the applicant shall:
(i)
Distribute information regarding the proposed filming in a form
satisfactory to the Borough Clerk to the property owners and merchants
in the nonresidential zone that may be affected;
(ii)
Provide to the Morris Plains Police Department, and such other
municipal departments as may be necessary or designated by the Borough
Clerk, any written comments received from the merchants and property
owners in the nonresidential zone at issue;
(iii)
Contact the Morris Plains Police Department, and such other
municipal departments as may be necessary or designated by the Borough
Clerk, to coordinate dissemination of information with the merchants
and property owners in the nonresidential zone at issue;
(iv)
Upon the issuance of a permit, the Borough Clerk's Office
shall serve as the liaison between the Borough departments and the
merchants and property owners in the nonresidential zone affected.
(d)
Insurance coverage, indemnification and guarantee. No permit shall
be issued for filming on public property unless the applicant provides
the Borough with satisfactory proof of the following:
(1)
A certificate of insurance demonstrating the following proof of insurance
coverage as follows:
(i)
For bodily injury to any one person in the amount of $1,000,000
and any occurrence in the aggregate amount of $3,000,000;
(ii)
For property damage for each occurrence in the aggregate amount
of $1,000,000;
(iii)
In the event motor vehicles are in use as a means to arrive
and depart from filming locations in the Borough or during filming
operations, automobile liability for owned, hired and nonowned vehicles
with limits not less than $1,000,000 combined single limit;
(iv)
Workers' compensation insurance (including employer's
liability) which must at a minimum meet all New Jersey statutory regulations;
(v)
Umbrella liability coverage at a minimum limit of $3,000,000
per claim and in the aggregate;
(vi)
The applicant shall name the Borough of Morris Plains, its officers,
employees and agents as additional insureds under the liability policies
named above other than workers' compensation, and the applicant
shall provide the Borough with a waiver of subrogation endorsement.
The applicant shall be solely responsible for maintaining and requiring
its subcontractors and agents, if any, to maintain the same coverage
as outlined herein.
(2)
A written hold harmless and indemnification agreement in a form acceptable
to the Borough Attorney which indemnifies, defends and holds harmless
the Borough of Morris Plains, its officers, employees and agents from
and against any and all liability, expense, claim or damages resulting
from the use of public property.
(3)
The posting of a cash guarantee of $1,000, or surety bond, running
in favor of the Borough and protecting and insuring that the location
utilized for filming shall be left in a satisfactory condition, free
of debris, rubbish and equipment, after completion of filming, and
that due observance of all Borough ordinances, rules and regulations
will be followed. Within two business days after completion of the
filming, the Borough will return the cash guarantee or bond if there
has been no damage to public property or public expense caused by
the filming.
(e)
Film requirements and restrictions. The applicant shall comply with
the following requirements and restrictions:
(2)
Provide written notice of the proposed dates and lands to be used
for film production activities to all property owners and merchants
within 200 feet of the filming location. Such written notice to property
owners and merchants shall be given at least three business days prior
to the submission of a completed filming permit application. Said
notice shall inform the said property owners and merchants of the
proposed film production activities and simultaneously advise them
that objections may be filed with the Borough Clerk's Office
within three business days of the notice. Said property owner and
merchant objections shall form a part of the applicant's application
for a filming permit and be considered in the review of same. Proof
of service of written notice shall be submitted to the Borough Clerk
prior to issuance of the filming permit.
(3)
A written approval from the Morris Plains Police Department authorizing
issuance of the permit and stating any traffic control measures, requirements
and public safety conditions to be implemented by the applicant as
conditions of the permit.
(4)
The holder of the permit shall take all reasonable steps to minimize
interference with the free passage of pedestrians and motor vehicle
traffic over public property and shall comply with all lawful directives
issued by the Morris Plains Police Department with respect thereto.
(5)
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. All vehicles parked on public streets shall comply
with all applicable state and local regulations. The holder shall
avoid any interference with previously scheduled activities upon public
property and limit, to the extent possible, any interference with
normal public activity on such public property.
(6)
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 occurs first.
(7)
Filming in residential zones shall be permitted Monday through Friday,
between the hours of 8:00 a.m. and dusk, which shall include all setup,
production and final breakdown and cleanup during said hours. Requests
for night filming shall be approved and set forth in the permit in
accordance with Paragraph (g) of this section.
(8)
Before filming takes place, the Borough Clerk shall provide copies
of the approved permit to the Morris Plains Police Department and
Morris Plains Fire Department and any other Borough departments necessary
or appropriate in the context of the filming location.
(9)
The applicant shall notify the Morris Plains Police Department, Morris
Plains Fire Department and any other Borough departments designated
by the Borough Clerk 24 hours before filming takes place and shall
permit the Police Department, Fire Department, or other Borough departments
to inspect the site and equipment to be used. The applicant shall
comply with all safety instructions issued by the Borough Police Department,
Fire Department or other Borough departments.
(10)
When filming takes place in a public building under the Borough's jurisdiction, the applicant may be required to pay the Borough an additional fee for staffing the building during filming. The applicant shall also reimburse the Borough for any lost revenues and repairs required to public property resulting from the filming, in addition to any and all other fees or costs mentioned in this article, or in the Fee Schedule of the Borough of Morris Plains, Chapter 2, Section 2-46.
(11)
The Borough may refuse to issue a permit whenever it determines, on the basis of objective facts and after a review of the application by the Morris Plains Police Department and by other Borough officials and agencies involved with the proposed filming location, that filming at the location and/or the date and time set forth in the application would violate any law or ordinance, impede the normal business operations of the Borough on public property, unreasonably interfere with the use and enjoyment of adjoining properties, or in the opinion of the Morris Plains Police Department would unreasonably impede the free flow of pedestrian or vehicular traffic or otherwise endanger the public health, safety or welfare. Further, the Borough reserves the right to require one or more on-site police officers in situations where the proposed film production may impede the proper flow of traffic, the cost of said officers to be borne by the applicant as a cost of production and processed in accordance with Chapter 18, Section 18-10 of the Revised Ordinances of the Borough. Where existing electrical power lines are to be utilized by the production, if the applicant does not have a licensed electrician on staff and on site, the Borough may require the presence of an on-site New Jersey licensed electrician with the cost of such services to be borne by the applicant as a cost of production.
(f)
Appeals. Any person, firm or corporation aggrieved by a decision
of the Borough denying or revoking a permit, or a person requesting
waiver relief pursuant to Paragraph (g) of this section, may appeal
to the Borough Council. A written notice of appeal setting forth the
reasons for the appeal shall be filed with the Borough Clerk no later
than 10 calendar days from the date of the denial or revocation of
the permit. The Borough Council shall set the matter down for a hearing
within 30 calendar days from the date on which the notice of appeal
was filed. The decision of the Borough Council shall be in the form
of a resolution at the first regularly scheduled public meeting after
the hearing of the appeal, unless the appellant agrees, in writing,
to a later date for the decision.
(g)
Waiver of requirements. The Borough Council may authorize a waiver
of any of the requirements or limitations of this article and may
authorize filming other than during the days and hours herein described,
or may extend the duration of a permit beyond five calendar days or
may waive any other limitation or requirement of this article 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 and
welfare.
[Ord. No. 33-2018, § 1]
(b)
Student films. The daily filming fee set forth in the Fee Schedule, Chapter 2, Section 2-46, of the Revised Ordinances shall be waived when filming is done by a student in any grade school, middle school, high school, college, university or other bona fide educational institution upon receipt by the Borough Clerk of a written certification from a teacher or administrator at the school attended by the student stating that the filming is for educational purposes only and is not intended for commercial use. Student films are otherwise liable for all other Borough costs.
[Ord. No. 33-2018, § 1]
The provisions of this Article 5 shall not apply to the following:
(a)
The filming of news stories within the Borough by reporters, photographers
or cameramen;
(b)
Filming by one individual using a hand-held camera without the assistance
of other persons, or filming by one or more individuals for weddings,
religious occasions, and other family or social private parties, occasions,
events or functions;
(c)
Filming for authorized Borough municipal government purposes as may
be authorized by the Borough Council.
[Ord. No. 33-2018, § 1]
The provisions of Section 1-9 of the Revised Ordinances shall be applicable to any person, firm or corporation violating any of the provisions, rules or regulations set forth in this article.
