The Borough of Westwood has determined that family-friendly
commercial filming is an important industry in the Borough and should
be regulated to maintain the health and safety of all persons, mitigate
the disruption to all persons within filming areas, maintain the safety
of property within the Borough of Westwood, and control traffic congestion
at certain locations within the Borough. This chapter is not intended
to apply to purely private filming events, including, but not limited
to, the filming or photographing of a wedding or private social function,
or the filming by any public entity; neither is it intended to include
the filming of news stories.
As used in this chapter, the following terms shall have the
meanings indicated:
FILM
As used in this chapter, any film, including a movie, television
program, commercial, still photography, video documentary, music video,
internet video or other visual recording medium, used in whole or
in part for sale, lease, or other commercial exchange, including the
advertisement or promotion of any product, service or organization.
A recurrent television or internet series is a film. A film which
is not sold or leased in whole or part, or is not otherwise part of
a commercial exchange, is a "nonprofit film."
FILM CREW MEMBERS
Shall include, but not be limited to: directors, actors,
set or costume designers, camera crew members, lighting crew members,
sound crew members, boom operators, pyrotechnics experts, stunt performers,
extras, stage hands, security personnel, production or personal assistants,
contractors and subcontractors, interns (whether or not paid) and
agents.
INTERMEDIATE FILM
Commercial still photo shoots, web series, independent films,
short films that consist of either a filming crew size that is between
10 and 19 people, a casting size that is between 10 and 14 people,
or the presence of nine or fewer production vehicles on Borough streets.
MAJOR FILM
Major motion pictures, commercials, TV series, network, cable,
streaming services (e.g., Netflix, Hulu, Amazon, etc.) that consist
of either a filming crew size of 20 or more people, a casting size
of 15 or more people, or the presence of greater than 10 production
vehicles on Borough streets.
MINOR FILM
Commercial still photo shoots, web series, independent films,
short films that consist of either a filming crew size that is between
four and nine people, a casting size that is between four and nine
people, or the presence of three or fewer production vehicles on Borough
streets.
NEWS MEDIA
As used in this chapter, filming for the purpose of spontaneous,
unplanned television news reporting by journalists, reporters, photographers
or camera operators.
PRIVATE PROPERTY
As used in this chapter, any property not owned by the Borough
of Westwood, but rather is owned by or assessed to a private person
or entity in which filming would not interfere with public right-of-way,
access or safety.
PUBLIC PROPERTY
Any public street, road, sidewalk, public park or playground,
Borough-owned building or property or any other public place which
is maintained and within the control of the Borough of Westwood.
STILL PHOTOGRAPH
Photographs or other visual impressions which are not films
which are sold or leased or otherwise commercially exchanged and all
activity related to the staging or shooting of such photographs or
other visual impressions.
STUDENT FILM
A not-for-profit film, filmed in eight hours or less, made
by currently enrolled students under the sponsorship of an accredited
school or institution of higher learning, who have evidenced such
sponsorship with a letter written on school letterhead, signed by
a school administrator, and who present a certificate of insurance.
Any person violating this chapter or these rules and regulations, upon conviction thereof, shall be punishable as provided in Chapter
1, General Provisions, Article
III, General Penalty, of the Code of the Borough of Westwood. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
Any person aggrieved by a decision of the Borough Clerk denying or revoking a permit or a person requesting relief from any requirements of §§
157-3 through
157-7 of this chapter may appeal to the Borough Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Clerk. An appeal from the decision of the Clerk shall be filed within 10 calendar days of the Clerk's decision. The Borough Council shall set the matter down for a hearing within 10 calendar days of the day on which the notice of appeal was filed. The decision of the Borough Council shall be in the form of a resolution supporting the decisions of the Borough Clerk at the first regularly scheduled public meeting of the Borough Council after the hearing of the appeal, unless the appellant agrees, in writing, to a later date for the decision. If such a resolution is not adopted within the time required, the decision of the Clerk shall be deemed to be reversed, and a permit shall be issued in conformity with the application, or the relief from any requirements of §§
157-3 through
157-7 of this chapter shall be deemed denied.