[Ord. #011/06]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall mean the taking of still or motion pictures, either
on film videotape or similar recording equipment, for commercial or
educational purposes, intended for viewing on television or in theaters
or for institutional use or for advertising purposes.
Shall mean any and every public street, highway, sidewalk
or square, public park or playground or other public place within
the Town which is within the jurisdiction and control of the Town.
[Ord. #011/06]
a.
No person, firm or corporation shall film or permit filming with
the Town of Guttenberg 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 Town Clerk during normal business hours. Applications for such permits shall be in a form approved by the Town Clerk and shall be accompanied by a permit fee as set forth in Section 24-14. Incidental use of a public sidewalk or street which does not result in the closing of the street or sidewalk to public use shall not be considered filming on public land.
c.
Where filming takes place on private property, permission of the
owner must be obtained in writing.
d.
One permit shall be required for each location.
[Ord. #011/06]
No permit shall be issued for filming at a particular location
in a residential zone within the Town of Guttenberg to permit filming
at said location on more than four days during any one calendar year.
[Ord. #011/06]
No permit shall be issued for filming upon public lands within
the Town of Guttenberg unless the applicant for such permit:
a.
Provides proof of insurance coverage as follows: for bodily injury
for any one person, in the amount of $500,000; and for any aggregate
occurrence, in the amount of $1,000,000.
b.
Agrees, in writing, to indemnify and save harmless the Town of Guttenberg
from any and all liability or damages from the use of such public
lands.
[Ord. #011/06]
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 Guttenberg Police Department with respect thereto.
[Ord. #011/06]
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.
[Ord. #011/06]
The holder shall avoid any interference with previously scheduled
activities upon public lands and limit, to the extent possible, any
interference with normal public activity on such public lands.
[Ord. #011/06]
The holder of a permit shall take all reasonable steps to minimize
the creation and spread of debris, rubbish, temporary sets and/or
temporary structure during filming and shall be responsible for removing
all equipment, debris, temporary sets, temporary structure and/or
other rubbish from the filming location upon the completion of filming
or the expiration of the filming location upon the completion of filming
or the expiration of the permit, whichever comes first.
[Ord. #011/06]
Filming shall be permitted only Monday through Friday between
the hours of 8:00 a.m. and 7:00 p.m. or sundown, whichever is earlier,
in residential zones.
[Ord. #011/06]
a.
The Town Clerk may refuse to issue a permit whenever he/she determines,
on the basis of objective facts and after a review of the application
and a report thereon by the Police Department and by other Town agencies
involved with the proposed filming site, that filming at the location
and/or the 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 interfere with the use and enjoyment
or adjoining properties, unreasonably impede the free flow of vehicular
or pedestrian traffic or otherwise endanger the public's health,
safety or welfare.
b.
Any person aggrieved by a decision of the Town Clerk denying or revoking
a permit or a person requesting relief 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. An appeal from the
decision of the Town Clerk shall be filed within 10 days of the Town
Clerk's decision. 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. The decision of the Mayor and Council shall be in
the form of a resolution. A resolution supporting the decision of
the Town Clerk or granting relief shall be approved by the Mayor and
Council at the first regularly scheduled public meeting of the Mayor
and Council after the hearing on the appeal, unless the appellant
agrees, in writing, to a later date for the decision. If such a resolution
is not adopted in the time required, the decision of the Town Clerk
shall be deemed to be reversed and a permit shall be issued in conformity
with the application or the relief shall be deemed denied.
[Ord. #011/06]
The Town Clerk may authorize a waiver of any of the requirements
or limitations of this chapter and may authorize filming other than
during the hours herein described or may permit filming at a particular
location in a residential zone on more than four days during any one
calendar year or may waive any other limitation or requirement of
this chapter whenever it determines that strict compliance with such
limitations will pose an unreasonable burden upon the applicant and
that such a permit may be issued without endangering the public's
health, safety or welfare.
[Ord. #011/06]
The applicant shall notify the Fire Inspections Bureau 24 hours
before filming takes place and permit the Fire Inspectors to inspect
the site and the equipment to be used. The applicant shall comply
with all fire safety instructions issued by the Fire Inspector.
[Ord. #011/06]
The applicant will be required to hire one or more off-duty
police officers when deemed necessary by the Police Chief.
[Ord. #011/06; Ord. #26-11]
Permit fees shall be as follows:
[Ord. #011/06; Ord. #27-11]
Any person violating this chapter or rules and regulations contained
herein shall be subject to a fine not to exceed $750 or imprisonment
for a term not to exceed 90 days, or both.
[Ord. #011/06]
The provisions of this chapter shall not apply to the filming
of new stories within the Town of Guttenberg.
