[Added 3-23-2020 by Ord.
No. 2020-5]
As used in this chapter, the following terms shall have the
meanings indicated:
Actors, extras, crew and all other persons who will participate
in the filming.
The taking of still or motion pictures, or any incidental
activities in connection therewith, using 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, any portion of which activity occurs
on public lands.
Any and every public street, highway, sidewalk or square,
public park or playground or other public place within the Borough
which is within the jurisdiction and control of the Borough.
[Added 3-23-2020 by Ord.
No. 2020-5]
There shall be a three-member Film Commission established, consisting
of the Mayor, Chief of Police, and one Councilperson appointed by
the Mayor, or their designees, which is hereby authorized to issue
permits for filming or performing incidental activities in connection
therewith on public lands.
[Added 3-23-2020 by Ord.
No. 2020-5]
a.
No person, firm or corporation shall film or permit filming or any
activity in connection therewith within the Borough of Flemington
on public land without first obtaining a permit therefor from the
Borough Film Commission, which permit shall set forth the location
of such filming and the date or dates when filming shall take place.
b.
Applicants shall apply for a permit at least 30 business days before
filming commences. However, this thirty-day period may be waived by
the Borough Film Commission.
c.
If inclement weather prevents filming on the dates specified in the
permit, the Borough Film Commission may issue a new permit at no additional
fee.
d.
Permit forms shall be obtained from 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 as set forth in § 34-7 hereof.
e.
With each permit, the applicant shall provide the following information:
1.
The number of members of the filming crew.
2.
The estimated number and description of types of all vehicles to
be used by the crew, including vehicles used for transportation.
3.
A description of arrangements for parking for crew and work vehicles.
4.
A description of sanitary arrangements to be made for crew and bystanders.
5.
A description of crowd control measures.
6.
A description of all location areas for filming or incidental activities.
7.
A description of cleanup methods to be used.
8.
A description of any special electrical requirements and the methods
of satisfying those requirements, including all electrical permits
required.
9.
Such information necessary to establish that the applicant can comply with the rules and regulations set forth in § 34-4 hereof.
10.
Proof of insurance coverage as follows: combined single limit liability
limits of $1,000,000 and aggregate coverage in the amount of $2,000,000.
The Borough of Flemington shall be named as an additional insured
under the applicant's policy.
11.
An agreement in writing to indemnify and save harmless the Borough
of Flemington from any and all liability or damages from the use of
such public lands for such filming.
12.
Such other information as required by the Film Commission necessary
to protect the health, safety and welfare of the residents of the
Borough.
[Added 3-23-2020 by Ord.
No. 2020-5]
Prior to the issuance of the permit, the applicant shall post
a cash bond in the amount of $2,000 to assure that the applicant has
fully complied with all the terms and conditions of the permit and
to reimburse the Borough for property damage. The posting of the bond
shall not be in lieu of providing liability insurance. The cash bond
will be returned to the applicant, without interest, within 30 days
after the applicant has notified the Borough, in writing, that it
has completed filming, unless the Borough has unsatisfied claims against
the applicant, in which case the Borough will hold the bond, or a
part thereof, until all claims against the applicant are satisfied.
[Added 3-23-2020 by Ord.
No. 2020-5]
a.
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 Borough of Flemington Police Department with respect thereto.
b.
The holder of a permit shall conduct filming in such a manner so
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. 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.
c.
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. If the Borough Film Commission determines that the filming will produce excessive debris and other rubbish, the Borough Film Commission may require the posting of a letter of credit, bond or other performance guaranty in addition to the bond required pursuant to § 34-4 herein to cover possible costs incurred.
d.
Filming shall take place within the hours agreed upon by the Borough
Film Commission and the film company.
e.
Each film location shall have an off-duty Borough of Flemington police
officer, or a police officer approved by the Borough of Flemington
Police Chief, at the film location, the cost of which shall be paid
by the film company, unless the Chief shall determine that no officer
is necessary. The Borough Film Commission, upon advice of the Borough
Police Chief, reserves the right to require more than one police officer
be on site during filming. The cost of said police officer(s) shall
be paid by the applicant. In the event that any type of pyrotechnics
is part of the filming, the Borough Film Commission may require the
presence of a fire inspector and/or fire apparatus, the cost of which
shall be paid by the applicant.
f.
No public street in the Borough may be closed without the express
permission of the Mayor and Council.
g.
If any inspections such as fire, electrical, building or plumbing
are required, the costs shall be paid by the film company. The Borough
Film Commission reserves the right, on a case-by-case basis, to require
the approval of any Borough Department or agency for activities which
such Department or agency oversees or regulates.
h.
Copies of the approved permit shall be sent to the Borough Police
Department and Fire Department(s) and New Jersey Film Commission before
filming takes place. The applicant shall permit the Fire Department(s)
or other Borough inspectors to inspect the site and the equipment
to be used and shall comply with all safety instructions issued by
the Fire Department(s) or other Borough inspectors.
[Added 3-23-2020 by Ord.
No. 2020-5]
a.
The Film Commission will authorize the issuance of a permit to the applicant if it determines, based on the information supplied, that the applicant can provide adequate measures for parking, sanitary facilities, crowd control and cleanup; that the applicant will comply with the rules and regulations set forth in § 34-5 hereof; and that the filming will not unduly interfere with the use and enjoyment of private property or the public facilities of the Borough and will not endanger the public's health, safety and welfare.
b.
The Borough Film Commission may refuse to issue a permit whenever,
in its judgment, based on the information submitted, it determines
that:
1.
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 use and enjoyment of adjoining properties, unreasonably impede
the free flow of vehicular or pedestrian traffic or otherwise endanger
the public's health, safety or welfare.
2.
The applicant has not established that it has provided adequate measures
for parking, sanitary facilities, crowd control and cleanup.
3.
The applicant has failed to establish that the filming would not
unreasonably interfere with the use and enjoyment of adjoining properties;
unreasonably impede the free flow of vehicular or pedestrian traffic;
or otherwise endanger the public's health, safety or welfare.
[Added 3-23-2020 by Ord.
No. 2020-5]
[Added 3-23-2020 by Ord.
No. 2020-5]
a.
Any person violating this chapter or 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. Each day on which a violation
of this chapter occurs shall be considered a separate and distinct
violation subject to the imposition of a separate penalty.
b.
The Borough Police Department are hereby designated as the enforcement
agency responsible for the enforcement of this chapter.
[Added 3-23-2020 by Ord.
No. 2020-5]
The provisions of this chapter shall not apply to the filming
of news stories or filming with a crew of four or fewer members.
[Added 3-23-2020 by Ord.
No. 2020-5]
Any person aggrieved by a decision of the Borough Film Commission
denying or revoking a permit may appeal to the Borough Council. A
written notice of the appeal setting forth the reasons for the appeal
shall be filed with the Borough Clerk within 10 calendar days of the
Borough Film Commission's decision. The Borough Council shall
set the matter down for a hearing within 30 calendar days of the day
on which the notice of appeal was filed.
