[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall mean the taking of still or motion pictures for television
series, commercial or documentary purposes intended for viewing on
television, in theatres or for institutional uses.
The provisions of this chapter shall not be deemed to include
the "filming" of news stories within the City of Summit and shall
not include filming by Summit's local access television station.
The provisions of Chapter 12 — Parks, Public Areas, Recreation Facilities, 12-1, Rules and Regulations for Use of Public Property shall not apply to filming on public property.
MOTION PICTUREShall mean any film, which is financed and/or distributed by a motion picture studio.
TELEVISION SERIESShall mean recurrent television series programming.
COMMERCIALShall mean a film, which is produced for promoting a product or commercial subject.
DOCUMENTARYShall mean any film, which is produced for educational purposes.
All of the above shall also include any film for which the budget
is at least five million ($5,000,000.00) dollars.
Shall mean any and every piece of property that is not within
the jurisdiction and control of the City of Summit and of the Board
of Education properties. Use of Library Board and Board of Education
property shall first need approval from the respective Board and thereafter
the provisions of this section shall apply.
Shall mean any and every public street, highway, sidewalk,
square, public park or playground or any other public place within
the City which is within the jurisdiction and control of the City
of Summit, County or Federal government.
[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
a.
No person or organization shall film or permit filming on public or private land within the City of Summit without first having obtained a permit from the office of the City Clerk, which permit shall set forth the approved location of such filming and the approved duration of such filming by specific reference to day or dates. No permit shall authorize filming for more than three (3) consecutive days in any one (1) location, and in no event shall filming at one (1) location within the City exceed a total of six (6) days in any one (1) calendar year, regardless of the number of permits utilized in reaching this six (6) day maximum. Either or both of the three (3) consecutive day and the six (6) day limitations may be extended only if the filming requested constitutes a "motion picture" as defined by Section 5-1 of this chapter. Said permit must be readily available for inspection by City officials at all times at the site of the filming.
b.
All permits shall be applied for and obtained from the office of the City Clerk during normal business hours. Applications for such permits shall be in a form approved by the City Clerk and be accompanied by a permit fee in the amount established by this chapter in Section 5-13 herein.
c.
Permits
requiring street or sidewalk closings shall require formal Council
action via a resolution at a Council meeting, which prior thereto
the applicant shall have met all the insurance coverage requirements,
satisfied all code requirements and agreed to all other Clerk, Community
Programs, Community Services, Fire, Health and Police departments
and Parking Services requirements.
d.
Serving
of food in conjunction with a filming permit requires the processing
of an application from the Board of Health which would apply to both
outside vendors as well as Summit vendors.
e.
Permit
request shall provide alternate dates.
[Ord. No. 05-2668 § 1; Ord. No. 12-1997]
a.
No
permits will be issued by the City Clerk unless applied for at least
fifteen (15) business days before the requested shooting date.
b.
No
permit shall be issued for filming upon public lands unless the applicant
shall provide the City with satisfactory proof of the following and
every such permittee shall carry and maintain in force insurance covering
its operations written by an insurance company licensed to do business
in the State of New Jersey and rated "A-" or better by A.M. Best Rating,
providing the following minimum coverage and language:
1.
Proof of insurance coverage as follows:
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(a)
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General Liability—General Aggregate
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one million ($1,000,000.00) dollars
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(b)
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General Liability—Products and Completed Operation Aggregate
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one million ($1,000,000.00) dollars
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(c)
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General Liability—Personal and Advertising Injury
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one million ($1,000,000.00) dollars
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(d)
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General Liability—Each occurrence
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one million ($1,000,000.00) dollars
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(e)
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General Liability—Damage to premises rented to you
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fifty thousand ($50,000.00) dollars
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(f)
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General Liability—Medical Expense (any one (1) person)
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ten thousand ($10,000.00) dollars
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(g)
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Workmen's Compensation
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New Jersey Statutory requirements
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(h)
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Employers Liability
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five hundred thousand ($500,000.00) dollars (each accident)
five hundred thousand ($500,000.00) dollars (Disease—policy
limit) five hundred thousand ($500,000.00) dollars (Disease—each
employee)
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(i)
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Business Automobile Liability
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one million ($1,000,000.00) dollars (each accident), or if the
license is granted to an entity that does not own any automobiles
and uses employees that would use their own automobiles to conduct
the business, then Employers Non-ownership Automobile Liability would
be acceptable for the Business Auto Insurance requirement
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2.
An agreement, in writing, whereby the applicant agrees to indemnify
and save harmless the City of Summit from any and all liability, expense,
claim or damages resulting from the use of public lands.
3.
The issuing insurance or bonding company shall notify the City within
thirty (30) days of the cancellation of any of the policies.
c.
The
City and its agents and employees shall be indemnified and held harmless
from and against all claims and demands, losses and expenses, and
the like arising from the permission granted, and shall be named as
an additional insured. The following wording must appear on Insurance
Certificate:
"The Certificate holder is included as an additional insured
as respects losses arising solely from the (licensed activity). The
(licensee) shall indemnify and hold harmless the City and its agents
and employees from and against all claims, damages, losses and expenses,
including, but not limited to, attorney fees, arising out of or from
the performance of their work, providing that such claims, damages,
losses or expenses (1) are attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property,
including the loss of use resulting therefrom, and (2) are caused
in full or in part by any negligent acts or omission of the (licensee),
or any one directly or indirectly employed by them regardless of whether
or not it is caused in part by a party indemnified hereunder."
d.
The
posting of cash of two thousand ($2,000.00) dollars or a maintenance
bond of two thousand ($2,000.00) dollars running in favor of the City
and protecting and insuring 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 City ordinances, laws
and regulations will be followed. Within seven (7) days of the completion
of the filming the department head in charge of the property on which
the filming took place shall advise the City Clerk of the amount of
the deposit that may be returned who shall thereafter process the
return of the bond, or portion thereof less costs for damage to public
property or public expense caused by the filming.
e.
The
hiring of off-duty Summit police officer(s), or firefighters and the
paying of overtime for Department of Community Services employees
for the times indicated on the permit or prescribed by these or any
other City departments.
f.
The
holder of the permit shall take all reasonable steps to minimize interference
with the free passage of pedestrians and traffic over public lands
and roadways and shall comply with all lawful directives issued by
the Summit Police Department with respect thereto.
[Ord. No. 05-2668]
a.
The
holder of a permit shall conduct filming in such a manner as to minimize
the inconvenience or discomfort to adjoining property owners or tenants
attributable to such filming and shall, to the extent practicable,
abate noise and park vehicles associated with such filming off the
public streets.
b.
When
parking off public streets is not practical the number of spaces may
be limited by the City, availability of parking must be confirmed
at least seventy-two (72) hours before commencement of filming and
fees shall be:
c.
When
the person in the film or commercial is extremely popular and/or idolized
by the general public extra security may be required by the Police
Department.
d.
The
holder of a permit 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.
e.
The
holder of a permit for residential zones shall avoid any interference
with previously scheduled activities of neighbors within two hundred
(200') feet and limit, to the extent possible, any interference with
normal neighborhood activity.
[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
Applicants shall give written notice of the filming as follows:
a.
Preliminary
Notice which shall advise the public of the purpose of the filming
and the date(s) and time(s) of same so that objection(s) may be filed
with the City Clerk with said objections to become a part of applicant's
application and be considered in the review of the same. Preliminary
notice must be provided at least ten (10) days prior to the requested
shooting date to the owners and tenants of the properties located
within the areas identified herein below. Proof of service, in the
form of a sworn affidavit accompanied by a copy of the notice that
Preliminary Notice was mailed, shall be submitted to the City Clerk
within eight (8) days of the requested shooting date.
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1.
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Residential areas when roadways will not be blocked
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200 feet
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2.
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Residential areas when roadways will be blocked
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200 feet plus the length of the roadway to intersecting roadways
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3.
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Nonresidential areas
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200 feet plus the Chamber of Commerce and Summit Downtown, Inc.
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b.
Final
Notice which shall verify approval, along with the approved location(s)
and time(s) must be provided to the owners and tenants of the properties
located within the areas identified herein below prior to the approved
filming date.
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1.
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Residential areas when roadways will not be blocked
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200 feet
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2.
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Residential areas when roadways will be blocked
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200 feet and the length of the roadway to interesting roadways
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3.
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Nonresidential areas
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200 feet plus the Chamber of Commerce and Summit Downtown, Inc.
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[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
Filming 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 to be granted in accordance with Section 5-10 hereof. The set-up, production and breakdown required by all filming shall be included in the hours as set forth herein.
[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
The City Clerk may refuse to issue a permit whenever it is determined,
on the basis of objective facts and after a review of the application
and a report thereon by the Police Department and by other City agencies
involved with the proposed filming site, that filming format, subject,
location and/or the 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.
[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
The City reserves the right to require one (1) or more on-site
police officers in situations where the proposed production may impede
the proper flow of pedestrian and/or vehicular traffic. The cost of
said police officer(s) 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.
[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
a.
Any
person aggrieved by any action of the City Clerk or Chief of Police,
in the denial or suspension of a permit, or imposition of other penalty
shall have the right of appeal to the City Administrator. The appeal
shall be taken by filing with the City Clerk, within ten (10) days
after notice of denial or suspension has been mailed to the address
on the permit application, a written statement setting forth fully
the grounds for appeal. The City Administrator shall conduct a hearing
and affirm, modify or reverse the action appealed from.
b.
Any
person aggrieved by a decision of the City Administrator may make
an appeal to the Common Council of the City of Summit. Such appeal
shall be taken by filing with the City Clerk, within ten (10) days
after notice of denial or suspension has been made, a written statement
setting forth fully the grounds of the appeal, along with a fee of
one hundred ($100.00) dollars. The City Clerk shall set a time and
place of hearing for the appeal, at which time the Common Council
of the City of Summit shall conduct a hearing and affirm, modify or
reverse the decision appealed from.
[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
The Common Council may authorize filming other than during the
hours herein described. In determining whether to allow an extension
of hours under this section, the Common Council 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, on public or private lands.
e.
Prior experience of the film company/applicant with the City, if
any.
[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
Copies of the approved permit will be sent to the Community
Programs, Community Services, Police and Fire Departments, Board of
Health, Parking Services, Summit Downtown Inc. and the Chamber of
Commerce before filming takes place, and to the New Jersey Film Commission.
The applicant shall permit the Fire Prevention Bureau, Police Traffic
Bureau, Code Enforcement or other City inspectors to inspect the site
and the equipment to be used. The applicant shall comply with all
safety instruction issued by the Fire Prevention Bureau or other City
inspectors.
[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
In addition to any other fees or costs mentioned in this chapter,
the applicant shall reimburse the City for any lost revenue, such
as parking meter revenue, repairs to public property or other revenues
that the City was prevented from earning because of filming.
[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
The schedules of fees for the issuance of permits authorized
by this chapter are as follows:
a.
Basic filming permit: seven hundred fifty ($750.00) dollars.
b.
Daily filming fee payable in addition to the basic filming permit:
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1.
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First day:
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Fifteen hundred ($1,500.00) dollars
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2.
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Second day:
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One thousand ($1,000.00) dollars
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3.
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Third day:
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Seven hundred fifty ($750.00) dollars
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4.
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Nonprofit applicants filming for educational documentary or
public television purposes (no daily rate required):
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Seventy-five ($75.00) dollars
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5.
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Student applicants filming for educational documentary or public
television purposes (no daily rate required):
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None ($0)
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c.
Fee changes shall also be reflected in Appendix A — Schedule
of Fees.
[Ord. No. 05-2668 § 1; Ord. No. 12-2997]
Where the owner of the premises is not the applicant for a permit
required by this chapter, both the owner and the applicant shall each
be liable for violations hereof. Any person violating this chapter
or these rules and regulations, upon conviction thereof, shall be
punished by a fine not exceeding one thousand ($1,000.00) dollars
per day or by imprisonment in the County jail for a term not exceeding
ninety (90) days, or both. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
