The Mayor and Council of the Borough of Prospect Park recognize
that the Borough historic sites, pristine homes and quaint central
business district are attractive to individuals, organizations, groups,
commercial filming businesses and other entities involved in the business
of still photography, motion pictures, television and/or other forms
of commercial filming. Such activities described above may create,
particularly when operated or conducted in a residential zone or central
business district, traffic and safety concerns and other encroachments
to the public safety, health and welfare of the Prospect Park community
and its residents. Due to the impact of these activities, particularly
the time, location and duration of the filming and the accessory vehicles
or structures utilized in conjunction therewith, the Borough has decided
to regulate such activities through the issuance of permits. The purpose
of this chapter is to set forth the requirements and restrictions
governing the issuance of such permits.
As used in this chapter, the following terms shall have the
meanings indicated:
FILMING
The taking of still or motion pictures, either on film, videotape
or similar recording medium, for commercial or educational purposes,
intended for viewing on video receivers or television or in theaters
or for institutional use or for catalog or magazine layout or other
printed medium.
PUBLIC LANDS
Any and every public street, highway or sidewalk within the
Borough which is within the jurisdiction and control of the Borough.
The Borough Municipal Clerk may refuse to issue a permit or
revoke an issued permit whenever he/she determines, on the basis of
objective facts and after a review of the application and/or a report
thereon by the Police Department and by 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 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.
Any person or entity aggrieved by a decision of the Borough
Municipal Clerk denying or revoking a permit, such person or entity
may appeal to the Borough Council by submitting a written notice of
appeal setting forth the reasons for the appeal which shall be filed
with the Borough Clerk. An appeal from any such decision of the Borough
Municipal Clerk shall be filed within 10 days of the date of that
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 Borough Council shall be in the form of a resolution.
A resolution memorializing the decision of the Borough Council shall
be approved at the first regularly scheduled public meeting of the
Borough 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 within the time required, the decision of the Borough
Municipal Clerk shall be deemed to be reversed and a permit shall
be issued in conformity with the application or the relief requested
in the appeal.
The provisions of this chapter shall not apply to the filming
of news stories within the Borough of Prospect Park.