[Ord. No. 858 § 4-30.1]
As used in this section:
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.
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.
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. 8588 § 4-30.3]
a.
No permit shall be issued for filming at any particular location in a residential zone within the Borough of Haworth which would permit filming at the location on more than three days during any one calendar year unless a waiver pursuant to subsection 4-30.3i is granted.
b.
No permit shall be issued for filming within the Borough of Haworth
unless the applicant meets the following insurance requirements:
1.
The applicant shall maintain during the filming, insurance policies
of the type and with the minimum limits of coverage indicated below,
and in form satisfactory to the Borough. All insurance policies shall
cover the applicant, as well as the applicant's employees, agents,
contractors and/or subcontractors involved in filming within the Borough
of Haworth. The applicant shall provide a certified copy of the policies
and/or certificates of insurance satisfactory to the Borough prior
to the issuance of a permit:
(a)
Commercial general liability insurance coverage, written on
an occurrence basis, not altered by any endorsements limiting coverage,
and having the following minimum limits of liability:
|
$1,000,000
|
Each occurrence combined single limit for bodily injury and
property damage; and
|
|
$2,000,00
|
General aggregate per location/ per project.
|
(b)
Comprehensive automobile liability insurance covering the use
of all owned, non-owned, hired or leased automobiles, with limits
of liability not less than one million ($1,000,000.00) dollars combined
single limit for bodily injury and property damage.
(c)
Workers compensation insurance as required by the State of New
Jersey.
2.
Certified copies of all insurance policies provided above, or certificates
of insurance thereof, satisfactory to the Borough of Haworth, shall
be submitted to the Borough Clerk along with the permit application,
fee and cash bond. Each such policy or certificate shall contain a
provision that it is not subject to change or cancellation unless
at least 30 days prior written notice via certified mail, return receipt
requested, shall have been given to the Borough of Haworth by the
applicant's insurer or agent.
3.
The applicant agrees that it will defend, indemnify and hold harmless
the Borough of Haworth, its officers, agents and employees from any
and all liability, suits, actions, demands, damages, costs or fees
on account of injuries to persons or property, including accidental
death, arising out or in connection with the filming.
4.
All insurance policies provided pursuant to this subsection shall
name the Borough of Haworth, its officers, officials, agents, employees
and consultants as additional insureds.
c.
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 Haworth Police Department with regard thereto.
d.
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 such filming and shall, to the extent practicable,
abate noise and park vehicles associated with such filming off the
public streets. All vehicles not directly involved in the filming
(including but not limited to vehicles of production crew members)
shall be parked in the municipal parking lot, and vehicles directly
involved in the filming shall not be parked on more than one side
of the street. The permit holder shall avoid any interference with
previously scheduled activities upon public lands and to limit to
the extent possible any interference with normal public activity on
such public lands.
e.
The holder of a permit shall take all reasonable steps to minimize
the creation and spread of debris and rubbish during filming and shall
be responsible for removing all equipment, debris and other rubbish
from the filming location upon the completion of filming or the expiration
of the permit, whichever comes first.
f.
Filming shall be permitted in the Borough of Haworth only Monday
through Friday, between the hours of 8:00 a.m. and 7:00 p.m.
g.
The Borough Clerk may refuse to issue a permit whenever she determines,
after a review of the application and a report thereon by the Haworth
Police Department and/or other Borough agencies involved with the
proposed filming site, that filming at the location and/or time set
forth in the application would violate any law or ordinance or would
unreasonably interfere with the public's use of public lands,
unreasonably impede the free flow of vehicle or pedestrian traffic
or otherwise endanger the public's health or welfare.
h.
Any person aggrieved by a decision of the Borough Clerk denying or
revoking a permit, or any person requesting a waiver pursuant to subsection
i., may appeal to the Borough Council. A written notice of appeal
setting forth the reasons for the appeal shall be filed with the Borough
Clerk, within 10 days of the Borough Clerk's decision. The Council
shall set the matter down for a hearing within 30 days of the date
on which the notice of appeal was filed. The decision of the Council
shall be set forth in a resolution which shall be adopted at the first
regularly scheduled meeting of the Council after the hearing on the
appeal unless the applicant agrees, in writing, to extend the date
for the adoption of the resolution. If a hearing is not held or if
a resolution is not adopted by the Council within the time provided,
the decision of the Borough Clerk shall be deemed to be affirmed or,
if the application is for a waiver pursuant to subsection i., the
application shall be deemed to be denied.
i.
The Borough Council may authorize a waiver of any of the requirements
or limitations of this section and may authorize filming other than
during the hours herein described, or may extend the duration of a
permit beyond 10 days, or any permit filming at a particular location
in a residential zone on more than three days during any one calendar
year, or may waive any other limitation or requirement of this section
whenever it determines that strict compliance with such limitation
or requirement will pose an unreasonable burden upon the applicant
and that such waiver may be granted without endangering the public's
health, safety and welfare.
j.
The permit holder shall notify the Haworth Fire Official at least
48 hours before the commencement of filming and shall permit the Fire
Official or his designee to inspect the site and the equipment to
be used. The permit holder shall comply with all fire safety instructions
issued by the Fire Official or his designee.
k.
The holder of a permit shall be responsible for the payment of any
and all expenses incurred by the Borough in connection with the filming,
including but not limited to the cost of additional Police, Fire and/or
Department of Public Works personnel.
l.
The holder of a permit for filming on public lands shall hire, at
the permit holder's sole cost and expense, a Haworth Police Officer
who will be present at all times at the site during the filming.
m.
The permit holder shall notify the adjacent property owners of the
date and location of filming at least 24 hours before the commencement
of the filming.
[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:
Shall mean the agency determined by resolution of the municipal
Governing Body.
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]
a.
The Borough Clerk shall receive and investigate, within 30 days,
any complaints from the public about the bin. Whenever it appears
to the Borough Clerk that a person has engaged in, or is engaging
in any act or practice in violation of Section 2 of P.L. 2007, c.
209 (N.J.S.A. 40:48-2.61), as may be amended or supplemented, the
person or entity who placed the bin shall be issued a warning, stating
that if the violation is not rectified or a hearing with the appropriate
municipal agency is not requested within 45 days, the bin will be
seized or removed at the expense of the person who placed the bin,
and any clothing or other donations collected via the bin will be
sold at public auction or otherwise disposed of. In addition to any
other means used to notify the person who placed the bin, such warning
shall be affixed to the exterior of the bin itself.
b.
In the event that the person who placed the bin does not rectify
the violation or request a hearing within 45 days of the posting of
the warning, the Borough may seize the bin, remove it, or have it
removed, at the expense of the person who placed the bin, and sell
at public auction or otherwise dispose of any clothing or other donations
collected via the bin. Any proceeds from the sale of the donations
collected via the bin shall be paid to the Borough of Haworth.
[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:
