[Ord. No. 858 § 4-30.1]
As used in this section:
FILMING
Shall mean the taking of still or motion pictures, either
on film, videotape or similar recording medium,, for commercial or
educational purposes intended for viewing on television or in theaters
or for advertising purposes or institutional use. Filming shall include
also the setting up of all equipment needed, as well as the removal
of the same upon completion.
PUBLIC LAND
Shall mean any public street, highway, sidewalk or square,
public park or playground or other public building or place within
the Borough of Haworth which is within the jurisdiction and control
of the Borough.
RESIDENTIAL ZONES
Shall mean the residential zoning districts within the Borough
of Haworth as established by the Borough Zoning Ordinance.
[Ord. No. 858 § 4-30.2; Ord. No. 867 §§ 1, 2]
a. No person shall film or permit filming within the Borough of Haworth
without first obtaining a permit therefor, which permit shall set
forth the location of such filming and the date or dates when filming
shall take place.
b. Permits shall be obtained in the office of the Borough Clerk during
normal business hours. Applications for such permits shall be in a
form approved by the Borough Clerk and shall be accompanied by a permit
fee and cash bond to cover any expenses the Borough may incur as a
result of the filming, as hereinafter set forth.
c. A permit application, accompanied by the permit fee and cash bond,
shall be filed with the Borough Clerk at least two working days prior
to the date of filming. If the filming is to take place on public
land or will affect the use of public land, the permit application,
accompanied by the permit fee and cash bond, shall be filed at least
30 days prior to the date of filming.
d. One permit shall be required for each location in which filming is
to take place.
e. An applicant may apply for a permit to authorize outdoor or indoor filming for one, two or three days within a period of not more than 10 days beginning on the date of issuance of the permit, provided that each date on which filming is to take place shall be specified in the permit and further provided that, regardless of the number of days for which the permit is issued, the maximum number of permits which may be issued to each resident for filming in a residential zone shall not exceed two in any calendar year, without a waiver pursuant to subsection
4-30.3i.
f. If a permit is issued and, due to inclement weather or other good
cause, the filming does not take place on the dates specified in the
permit, the Borough Clerk may, at the request of the permit holder,
who shall certify that filming did not in fact take place on the dates
specified, issue a new permit for filming on other dates, subject
to full compliance with all other provisions of this section. No additional
fee shall be paid for this permit.
[Ord. No. 858 § 4-30.4; Ord. No. 867 § III]
The following fee shall be paid to the Borough Clerk in advance
of the filming and issuance of the permit:
Filming Permit
|
$350.00 per day
|
In addition, the permit holder shall provide a bond, or other
form of security acceptable to the Borough Council, in the amount
of $750 to guarantee the performance of all obligations of the permit
holder under this section, including but not limited to the payment
of expenses incurred by the Borough as a result of the filming.
[Ord. No. 858 § 4-30.5]
The provisions of this section shall not apply to the filming
of news stories by authorized press personnel within the Borough,
nor shall it apply to filming, for training or other purposes, by
or for the Borough or any of its departments or agencies.
[Ord. No. 858 § 4-30.6]
Any person violating this section, or the rules and regulations
contained herein, shall be subject to a fine not to exceed $1,000
or imprisonment for a term not to exceed 90 days, or both.
[Ord. No. 983 § 1]
As used in this section:
CLOTHING DONATION BIN OR BIN
Shall mean any receptacle or container made of metal, steel
or other material designed or intended for the collection and temporary
storage of donated clothing or other materials.
[Ord. No. 983 § 1]
Notwithstanding any other provision of law to the contrary,
no person shall place, use or employ a clothing donation bin within
the Borough of Haworth unless:
a. The person has obtained a permit from the Borough Clerk as hereinafter
provided; and
b. The person, and any other entity which may share or profit from any
clothing or other donations collected via the bin, maintains a bona
fide office where a representative of the person or other entity,
respectively, can be reached at a telephone information line during
normal business hours for the purpose of offering information concerning
the person or other entity. For the purposes of this subsection, an
answering machine or service unrelated to the person does not constitute
a bona fide office.
[Ord. No. 983 § 1]
The annual permit fee is $25 per clothing donation bin and will
be used to offset the costs involved in enforcing this section.
[Ord. No. 983 § 1]
The application for obtaining a permit shall include:
a. The location where the bin would be situated, as precisely as possible:
b. The manner in which the person anticipates any clothing or other
donations collected via the bin would be used, sold, or dispersed,
and the method by which the proceeds of collected donations would
be allocated or spent;
c. The name and telephone number of the bona fide offices of the registered
owner of the bin and any person or entity which may share or profit
from any clothing or other donations collected via the bin, at which
such persons or entities can be reached during normal business hours;
and
d. Written consent from the property owner to place the bin on his or
her property.
[Ord. No. 983 § 1]
In addition to the above application requirements, renewal applications
must include:
a. A statement on the manner in which the person has used, sold, or
dispersed any clothing or other donation collected via the bin, the
method by which the proceeds of collected donations have been allocated
or spent, and any changes the person anticipates it may make in this
process during the period covered by the renewal;
b. The name and telephone number of the bona fide offices of the registered
owner of the bin and any person or entity which shared or profited
from any clothing or other donations collected via the bin, and of
any persons or entities which may do so during the period covered
by the renewal; and
c. The location where the bin is situated, as precisely as possible,
and, if the location of the bin is to be moved, the new location where
the bin is to be situated, as precisely as possible and the written
consent from the property owner of the new location to place the bin
on his or her property.
[Ord. No. 983 § 1]
The Borough Clerk shall not grant an application for a permit
to place, use, or employ a donation clothing bin if he or she determines
that the placement of the bin could constitute a safety hazard. Such
hazards shall include, but not be limited to, the placement of a donation
clothing bin within 100 yards of any place which stores large amounts
or, or sells, fuel or other flammable liquids or gases; or the placement
of a bin where it interferes with vehicular or pedestrian circulation.
The person placing, using or employing a donation clothing bin shall
maintain the bin and the area surrounding the bin such that there
shall be no accumulation of clothing or other donations outside the
bin.
[Ord. No. 983 § 1]
The following information shall be clearly and conspicuously
displayed on the exterior of the donation clothing bin:
a. The permit number and its date of expiration;
b. The name and address of the registered person who owns the bin, and
of any other person or entity which may share or profit from any clothing
or other donations collected via the bin;
c. The telephone number of the owner's bona fide office, and, if
applicable, the telephone number of the bona fide office of any other
person or entity which may share or profit from any clothing or other
donations collected via the bin.
d. In cases when any person or entity other than the person who owns
the bin may share or profit from any clothing or other donations collected
via the bin, a notice, written in a clear and easily understandable
manner, indicating that clothing or other donations collected via
the bin, their proceeds, or both, may be shared, or given entirely
to, a person or entity other than the person who owns the bin, and
identifying all such persons or entities which may share or profit
from such donations; and
e. A statement, consistent with the information provided to the Borough
in the most recent permit or renewal application, indicating the manner
in which the owner anticipates any clothing or other donations collected
via the bin would be used, sold, or dispersed, and the method by which
the proceeds of collected donations would be allocated or spent.
[Ord. No. 983 § 1]
In addition to any other penalties or remedies authorized by
the laws of this State, any person who violates any provision of this
section or the provisions of P.L. 2007, c.209 (N.J.S.A. 40:48-2.60,
et seq.) as amended or supplemented which results in seizure of the
donation clothing bin shall be:
a. Subject to a penalty of up to $20,000 for each violation. The Borough
may bring this action in the Haworth Municipal Court or the Superior
Court of New Jersey as a summary proceeding under the Penalty Enforcement
Law of 1999, P.L. 1999, c.274 (N.J.S.A. 2A:58-10 et seq.), and any
penalty monies collected shall be paid to the Borough of Haworth;
and
b. Deemed ineligible to place, use, or employ a donation clothing bin
for solicitation purposes pursuant to this Section and P.L. 2007,
c.209 (N.J.S.A. 40:48-2.61), as amended or supplemented. A person
disqualified from placing, using, or employing a donation clothing
bin by violating the provisions of P.L. 2007, c.209 (N.J.S.A. 40:48-2.60
et seq.) may apply to the Borough Council to have that person's
eligibility restored. The Borough Council may restore the eligibility
of a person who:
1. Acts within the public interest; and
2. Demonstrates that he/she made a good faith effort to comply with
the provisions of this section and P.L. 2007, c.209 (N.J.S.A. 40:48-2.60
et seq.). as amended or supplemented, and all other applicable laws
and regulations, or had no fraudulent intentions.