[HISTORY: Adopted by the Board of Commissioners of the Borough
of Avon-by-the-Sea 6-11-18 by Ord. No. 12-2018. Other amendments noted where applicable.]
As used in this chapter, these terms shall have the following
meanings:
A.
FILMING -- Shall mean the taking of still or motion pictures either
on film, videotape, or similar recording medium, for any purpose intended
for viewing on television, in theaters or for institutional uses.
This term shall not include family videos and photography and news
media, as defined herein, or as otherwise provided herein.
B.
MOTION PICTURE, TELEVISION PICTURES, STILL PHOTOGRAPHY -- Shall mean
all activities attendant to the staging and/or shooting of commercial
motion pictures, television series, television movies, commercials
and to the taking of single or multiple photographs for sale or commercial
use where the photographer sets up stationary equipment in any one
(1) location for longer than five (5) consecutive minutes.
C.
MAJOR MOTION PICTURE -- Shall mean any film which is financed and/or
distributed by a major motion picture studio or corporation for presentation
in movie theaters, including any filming activity connected with any
part of such a production; provided that the production has an overall
budget of two million ($2,000,000.00) dollars or more.
D.
NEWS MEDIA -- Shall mean photographic, filming, and/or videotaping
for the purpose of a television news broadcast or reporting for print
media by reporters, photographers or cameramen.
E.
STUDENT FILMS -- Shall mean motion picture, television or still photography
produced to satisfy a course or curriculum requirement at an accredited
educational institution. The student filmmaker must supply proof that
he/she is currently enrolled in any such educational institution.
F.
FAMILY VIDEOS AND PHOTOGRAPHY -- Shall mean the filming or videotaping
of motion pictures, or still photography, intended solely for private
use.
G.
PUBLIC LANDS -- Shall mean the areas including but not limited to
any public building, street, sidewalk highway, sidewalk, square, park,
playground, the beachfront, boardwalk, the marina, and other public
places, which is within the jurisdiction and control of the Borough
of Avon-by-the-Sea.
A.
No person shall use any public lands or private property, public
right-of-way, facility, and/or residence for the purpose of taking
motion pictures, television pictures or still photography without
first applying for and receiving a permit from the Borough Administrator
of the Borough.
B.
The permit shall set forth the approved location of such filming and also 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 Borough exceed a total of six (6) days in any one (1) calendar year, regardless of the number of permits utilized in reaching this six-day maximum. Either or both of the three-consecutive-day and the six-day limitations may be extended only if the filming requested satisfies the major motion picture exception defined by Section 62-11. Said permit must be readily available for inspection by Borough officials at all times at the site of the filming.
C.
All permits shall be applied for and obtained from the office of the Borough Clerk during normal business hours. Applications for such permits shall be in a form approved by the Borough Administrator and be accompanied by permit fees in the amounts established by this chapter in Section 62-12.
D.
If a permit is issued and filming does not in fact take place on
the dates specified due to good cause, including but not limited to
reasons of inclement weather, the Borough Administrator may 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 new permit.
E.
The provisions of this section shall not apply to news media, family
videos and/or student films.
F.
The provisions of this section shall not apply to all activities
attendant to the staging and/or shooting of a segment of a television
series where all such activities occur on private property and within
a commercial building or other structure which is not in a residential
area and is not visible outside of such building or structure provided
that the filming activities do not exceed three (3) days.
A.
Permits shall be issued by the Borough Administrator after consultation
with the Chief of Police, and the Superintendent of Public Works.
The Borough Administrator may determine whether any additional municipal
services may be reasonably required depending upon the nature of the
activities proposed.
B.
No permits shall be issued unless all fees and reasonably necessary
reimbursable expenses are paid to the Borough.
C.
No permit shall be issued for filming upon public lands unless the
applicant shall provide the Borough of Avon-by-the-Sea with satisfactory
proof of the following:
(1)
Proof of insurance coverage including but not limited to, for bodily
injury to any one (1) person in the amount of one million ($1,000,000.00)
dollars and any occurrence in the aggregate amount of three million
($3,000,000.00) dollars;
(2)
For property damage for each occurrence in the aggregate amount of
one million ($1,000,000.00) dollars;
(3)
A written hold harmless and indemnification agreement acceptable
to the Borough Attorney;
(4)
The posting of cash or maintenance bond for the value of five hundred
($500.00) dollars protecting and insuring that the location utilized
for the filming will be left, 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 seven (7)
days of the completion of the filming, the Borough will return the
bond if there has been no damage to the public property or public
expense caused by the filming.
D.
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 Avon-by-the-Sea Police Department, the Fire Marshal and the Borough
Administrator with respect thereto.
E.
The applicant shall conduct filming in such a manner as to minimize
the inconvenience or discomfort to adjoining property owners as a
result of such filming and shall, to the extent practicable, abate
noise and park vehicles off the public streets. All vehicles parked
on public streets and rights-of-way shall be done so in accordance
with all applicable State and local regulations.
F.
The holder shall not interfere with previously scheduled activities
upon public lands and limit, to the extent possible, any interference
with normal public activity on such public lands.
G.
The applicant shall give written notice of the filming to all businesses
and residents within two hundred (200') feet of the filming location
and further provide written proof of such notice at least three (3)
business days prior to the submission of a completed permit application.
Such written notice shall be in a form acceptable to the Borough Administrator
and shall inform such businesses and residents that objections may
be filed with the Borough Administrator within the next three (3)
business days, said objections to form a part of applicant's
application and be considered in the review of the same.
Filming in any area east of Ocean Avenue is permitted Monday
through Friday between the hours of 7:00 a.m. and 6:00 p.m. except
from the Friday before Memorial Day and the Tuesday after Labor Day.
Filming in residential areas shall be prohibited at all times
except with the written authorization of the owner of the subject
property and upon notice to all property owners within two hundred
(200') feet of the filming location. Under no circumstance is
filming permitted after sunset and before sunrise.
No filming shall occur on or within two hundred (200')
feet of any property which has an establishment with a liquor license
at any time the establishment is open for business, unless permit
applicant obtains approval from the Borough Administrator who, in
consultation with the Avon Police Department, may grant a temporary
exemption.
A.
The Borough of Avon-by-the-Sea may refuse to issue a permit whenever
it determines, on the basis of objective facts and after a review
of the application 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 enjoyment
of adjoining properties, unreasonably impede the free flow of vehicular
or pedestrian traffic or otherwise endanger the public's health,
safety or welfare.
B.
The Borough reserves the right to require one (1) or more Avon Police
Officer(s), Fire Department personnel or any such other specialized
Borough officials to remain on site during the times indicated on
the permit, in situations where the production may impede the proper
flow of traffic, or otherwise impact upon public safety. The cost
of all such personnel shall be borne by the applicant as 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.
The Borough may authorize filming other than during the hours
herein described. In determining whether to allow an extension of
hours under this chapter, the Borough shall consider factors including
but not limited to the following:
A.
Traffic congestion at the location;
B.
The applicant's ability to remove film-related vehicles off
the public streets;
C.
Whether 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. indoor or outdoor; day or night;
on public lands or private lands; proximity to residential neighborhoods;
potential for disruption of normal residential or business activities;
and
E.
Prior experience of the film company/applicant with the Borough,
if any.
Copies of the approved permit shall be sent to the Police and
Fire Departments before filming takes place. The applicant shall permit
the Police Department, the Fire Marshal or other Borough inspectors
to inspect the site and equipment to be used. The applicant shall
comply with all safety instructions issued by the Police Department,
the Fire Marshal, or other Borough inspections.
In addition to any and all other fees or costs mentioned in
this chapter, the applicant shall reimburse the Borough for any lost
revenue, including but not limited to, repairs required to public
property, and any revenues that the Borough was prevented from earning
because of the filming.
A.
With regards to filming being done on a major motion picture, and upon a favorable review of the factors set forth in Sections 62-7 and 62-8, the Borough may grant an exemption of the three (3) consecutive filming day limit and/or the six (6) total filming days within a calendar year limit as defined in Section 62-2B.
The schedule of fees for the issuance of permits authorized
by this chapter are as follows:
A.
Basic filming permit: $1,000.00
B.
Daily filming fee payable in addition to basic filming permit: $500.00
per day.
C.
Daily filming fee payable for filming a major motion picture: $1,500.00
per day.
D.
Filming permit for nonprofit applicants filming for educational purposes:
$25.00 one-time fee.
E.
Police/Fire protection: at cost.
F.
Use of Borough buildings or public parks: $1,500.00 per day.
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) 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.
