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.
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.
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.
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.