[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 11-10-98 as Ord. No. 98-33. Amendments noted where applicable.]
- The taking of still or motion pictures, either on film, videotape or similar recording equipment, for any purpose.
- PUBLIC LANDS
- Any and every public street, highway, sidewalk, square, park or playground and all other public places within the Town which are within the jurisdiction and control of the Town.
No person, firm, corporation or other entity shall commence filming within the Town of Secaucus without first obtaining a permit from the Town therefor. The permit shall set forth the location of the filming and the date or dates when filming shall take place and must be readily available for inspection by Town officials at all times at the site of the filming.
Application for permits shall be obtained from the office of the Town Clerk during normal business hours. Completed application must be submitted to the Town Clerk at least 10 days prior to the requested filming date and must be accompanied by a permit fee in the amount established by this chapter. With each application, the applicant shall provide the following information:
The number of actors, extras, crew and all other persons who will participate in the filming;
The estimated number and description of types of vehicles to be used by the crew, including vehicles used for transportation;
A description of arrangements for parking for crew and work vehicles;
A description of sanitary arrangements to be made for crew and bystanders;
A description of crowd control measures;
A description of all location areas for filming or incidental activities;
A description of cleanup methods to be used;
A description of any special electrical requirements and the methods of satisfying those requirements, including all electrical permits required;
Such other information as required by the Town to protect the health, safety and welfare of residents of the Town.
All applications for filming within the Town of Secaucus shall be reviewed and acted upon by the Administrator or his designee.
One permit shall be required for each location.
Permits must be obtained no more than 90 days in advance of the first scheduled filming date and shall be valid for a period of no more than seven days of filming.
Filming shall be permitted only Monday through Friday. In no event shall filming be permitted in a residential area after 11:00 p.m.
No permit shall be issued for filming unless the applicant provides to the Town of Secaucus:
A certificate of insurance naming the Town of Secaucus the insured under a policy of insurance providing coverage as follows:
A written agreement to indemnify and save harmless the Town of Secaucus from any and all liability, expenses (including but not limited to attorneys fees and other costs of litigation), claims and damages resulting in any way from the applicant's filming activities.
Where the applicant's activities, by reason of location or otherwise, will directly involve or affect any business, merchant or resident, the applicant shall, within three days after the filing of the application, give written notice to all those affected describing the activities and informing them that objections thereto may be filed with the Town Clerk. Any objections received will be considered by the Administrator or his designee in connection with the application.
The holder of a 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 Secaucus Police Department with respect thereto.
The holder of a permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners attributable to the filming and shall, to the extent practicable, abate noise and park vehicles associated with the filming off the public streets. The holder shall avoid any interference with previously scheduled activities on public lands and limit, to the extent possible, any interference with normal activity on public lands.
The applicant shall make every effort to cooperate with residents to minimize the inconvenience caused by filming in the residential areas and shall give affected residents at least three days notice of parking restrictions and all other inconveniences, such as may be allowed by the Township pursuant to the permit.
The holder of a permit shall take all reasonable steps to minimize the creation and spread of debris during filming and shall be responsible, immediately upon the completion of filming or the expiration of the permit, whichever occurs first, for removing all equipment and debris from the filming location and restoring all affected lands to the same condition as existed prior to the filming activities.
As a condition of the issuance of any permit hereunder, the applicant shall provide to the Township a certified check or performance and payment bond in the amount of $500, to ensure the performance of all obligations of the applicant under this ordinance and the permit issued hereunder. Any money remaining after full performance of all obligations shall be returned to applicant.
Each film location which involves 10 or more vehicles shall have an off-duty, Secaucus police officer (or other officer approved by the Police Chief) the cost for which shall be paid by the applicant. If there are 25 or more vehicles and persons then two officers will be required.
No public street in the Town may be closed in connection with the filming activities without the permission of the Mayor and Town Council.
Applicant shall be responsible for obtaining all necessary electrical, fire, building, plumbing, or other inspections necessary for this activity.
If a permit is issued and, due to adverse weather or for other good cause, filming does not take place on the dates specified in the permit, the Administrator at the request of the applicant, shall issue a revised permit for filming on alternate dates without an additional permit fee.
The Administrator or his designee may refuse to issue a permit, and may revoke a permit already issued, whenever he determines that:
The applicant has not complied with the requirements for a permit as set forth herein; or
Any person aggrieved by a decision of the Town Administrator or his designee denying or revoking a permit may appeal to the Mayor and Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Town Clerk within 10 days of the decision in question. The Mayor and Council shall set the matter down for a hearing within 30 days of the day on which the notice of appeal was filed. In the event that the Mayor and Council does not hold a hearing on the appeal within that time, the decision of the Administrator or his designee shall be deemed affirmed by the Mayor and Council.
A copy of the permit shall be sent to the Chief of Police at least three days before filming is permitted to commence. The applicant shall allow any and all inspections of the site and the equipment to be used, as may be deemed appropriate by the Administrator or his designee. The holder of a permit shall comply with all reasonable safety instructions issued by the Chief of Police and any Town inspectors.
Fees shall be as follows:
Any person violating this chapter or the provisions of a permit issued hereunder shall be subject to a fine not to exceed $500 or imprisonment for a term not to exceed 30 days, or both.