[HISTORY: Adopted by Council of the City of Perth Amboy 10-23-13 as Ord. No. 1701-2013. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
FILMING
The taking of still or motion picture either on film, digital medium, videotape or similar recording medium, for commercial or educational purposes intended for viewing or dissemination on television, in theaters, or through mass media or for institutional uses. The provisions of this chapter shall not be deemed to include the filming of news stories, or exclusively personal, non-commercial use, within the City of Perth Amboy.
FILMING REVIEW COMMITTEE
The body responsible for implementing the provisions of this chapter, including reviewing and approving all applications for filming within the City of Perth Amboy. The Filming Review Committee [FRC] shall be comprised of three (3) members as follows: the Director of the Department of Human Services, or his/her designee, the Chief of the Police Department or his/her designee and the Mayor or his/her designee.
MAJOR MOTION PICTURE
Any film which is financed and/or distributed by a major motion picture studio, including but not limited to the following:
A. 
Universal Pictures;
B. 
Warner Brothers, including New Line Cinema, Castle Rock Cinema, Village Road Show and Bel-Aire;
C. 
Paramount, including MTV Films and Nickelodeon Movie;
D. 
20th Century Fox, including Fox Searchlight;
E. 
Sony/Columbia;
F. 
Disney/Miramax;
G. 
MGM-United Artists;
H. 
Dreamworks;
I. 
Any film for which the budget is at least five million dollars ($5,000,000); and
J. 
Recurrent television series programming.
PUBLIC LANDS
Any and every public street, highway, sidewalk, square, public park or playground or any other public place which is within the jurisdiction and control of the City of Perth Amboy. Incidental use of a public street or sidewalk which is of minimal impact and does not result in a closing of same to public use shall not be considered filming on "public land."
STUDENT FILM
Filming or still photography produced to satisfy a course or curriculum requirement at an educational institution. The student filmmaker must supply proof that he/she is currently enrolled.
A. 
No person or organization shall film or permit filming on public property within the City of Perth Amboy without first having completed an application and obtained a permit from the FRC, which will be issued through the Office of Human Services located in Perth Amboy. The permit shall set forth the approved location of such filming and the approved duration of such filming by specific reference to day or dates. Said permit must be readily available for inspection by city officials at all times at the site of the filming.
B. 
All permits shall be applied for at and obtained from the Department of Human Services during normal business hours. Applications for such permits shall be accompanied by a permit fee in the amount established by this chapter.
C. 
If a permit is issued and, due to the inclement weather or other good cause, filming does not in fact take place on the dates specified, the FRC may, at the request of the applicant, issue a new permit for filming on other dates subject to full compliance with all other provisions of this chapter. No additional fee shall be paid for this permit.
D. 
Permits shall be issued at the discretion of the FRC. The FRC may deny issuance of a permit for good cause.
A. 
No permits shall be issued by the FRC unless applied for prior to fourteen (14) days before the requested shooting date. No waivers shall be granted.
B. 
No permit shall be issued for filming upon public lands, unless the applicant provides the City of Perth Amboy with satisfactory proof of the following:
(1) 
Proof of insurance coverage as follows:
(a) 
For bodily injury to any one person in the amount of $500,000 and any occurrence in the aggregate amount of $1,000,000.
(b) 
For property damage, each occurrence, in the aggregate amount of $300,000.
(2) 
An agreement in writing whereby the applicant agrees to indemnify and save harmless the City of Perth Amboy from any and all liability, expense, claim or damages resulting from the use of public lands.
(3) 
The hiring of an off-duty City of Perth Amboy police officer for the times indicated on the permit, when deemed necessary by the Police Department. The cost of hiring said off-duty police officer shall be borne by the applicant as a cost of production and shall be paid at the time of issuance of the permit.
(4) 
The posting of a cash bond of one thousand dollars ($1,000) or a maintenance bond of one thousand dollars ($1,000) running in favor of the city and protecting and insuring that the location utilized will be left after filming in satisfactory condition free of debris, rubbish and equipment, and that all city ordinances, laws and regulations will be followed. Within seven (7) days of completion of the filming, the city will return the bond if there has been no damage to public property or public expense caused by the filming.
A. 
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 shall comply with all lawful directives issued by the Perth Amboy Police Department with respect thereto.
B. 
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 completion of filming or the expiration of the permit, whichever comes first.
C. 
The holder of a permit shall conduct filming in such a manner so 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 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 (3) days prior to the requested shooting date(s) and informed that objections may be filed with the FRC, which objections will form a part of the applicant's application and be considered in the review of same. Proof of service of notification shall be submitted to the Office of Human Services at the time the permit application is submitted.
D. 
The FRC will make every effort to work with residents to minimize the inconvenience caused by filming in residential areas and will require the applicant to give affected residents at least three (3) days' notice of parking restrictions, night shooting or other inconveniences. Filming in residential zones shall be permitted Monday through Friday between the hours of 8:00 a.m. and 7:00 p.m. or one-half (1/2) hour after sunset, whichever is earlier. Any night shooting must be approved by the Police Department. "Night shooting" is defined as all filming occurring in residential zones one-half (1/2) hour after sunset. In no event, however, shall an applicant be allowed to film in a residential zone after 11:00 p.m. The set-up, production, and break-down required by filming shall be included in the hours set forth herein.
E. 
(Reserved)
F. 
Vehicles used in connection with the filming, including vehicles of personnel associated with such filming, shall be parked off the public right-of-way to the maximum extent permitted. Vehicles should not be parked so as to encroach upon private property without the express written consent from the owner or occupant thereof. Vehicles parked in the public right-of-way shall comply with all applicable parking and traffic regulations. Vehicles parked or located in violation hereof may be towed by the City of Perth Amboy and the cost thereof shall be reimbursed to the city.
G. 
An application may be refused whenever the FRC determines, on the basis of objective facts and after a review of the application and a report thereon by the Police Department and/or by other city 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 enjoyment of adjoining properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise endanger the public's health, safety or welfare.
H. 
The city reserves the right to require one or more on-site patrolmen in situations where the proposed production may impede the proper flow of traffic, the cost of said patrolman 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.
I. 
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 city inspectors to inspect the site and the equipment to be used. The applicant shall follow all safety instructions issued by the Fire Prevention Bureau or other city inspectors.
J. 
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 the filming.
A. 
Basic filming permit (for all filming other than student films): $250 for a period not to exceed fourteen (14) consecutive days, renewable for terms of fourteen (14) consecutive days at a fee of $250 per term. In addition to the license fee, the permittee shall be required to pay a fee of $5 per work day for each commercial vehicle used by the permittee or a flat fee of $250 for each fourteen (14) workdays' term.
B. 
Expedited basic filming permit: Where an applicant requests expedited processing of a permit application within twenty-four (24) hours of the filming date, the basic filming permit fee for processing the application on an expedited basis shall be $500. In addition to the license fee, the permittee shall be required to pay a fee of $5 per work day for each commercial vehicle used by the permittee or a flat fee of $250 for each fourteen (14) workdays' term.
C. 
Daily filming fee for major motion pictures, payable in addition to basic filming permit or expedited basic filming permit: $1,500 per day.
D. 
Permit for nonprofit student filming (no daily rate required): $25.
Any person violating this chapter or rules and regulations contained herein shall be subject to a fine not to exceed five hundred dollars ($500) or imprisonment for a term not to exceed ninety (90) days, or both.