[Added 6-10-2022 by Ord. No. 2022-07 (1225)]
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
As used herein, the person or entity for which an application to the Borough of Lavallette is made for permission to conduct filming, and any agents, servants, employees or designees signing such application, representing the person or entity for which the application is made, or holding a permit for filming which is issued pursuant to this article.
FILMING
The taking of motion pictures, either on film, video tape or similar recording medium, for commercial or education purposes and intended for viewing on any video, television, cable or internet content or streaming media, or in theaters or for institutional use.
NIGHT FILMING
All filming occurring between one-half hour after sunset and one-half hour before sunrise, as determined by reference to an established news, weather or internet information outlet.
PLACES OF PUBLIC RESORT
Places of public resort shall have the same meaning as in § 7-1 of the Borough Code of the Borough of Lavallette.
PUBLIC LANDS
Any and every public street, highway, sidewalk, right-of-way or public property within the Borough of Lavallette which is within the jurisdiction and control of the Borough of Lavallette. Public lands shall include all places of public resort.
A. 
No person shall film or permit filming within the Borough of Lavallette on public lands without first obtaining a permit therefor, which permit shall set forth the location of such filming and the date or dates when such filming shall take place. A permit is required to be applied for and approved at least 14 days prior to the first date that filming is requested to take place.
B. 
Filming on private property shall be considered as impacting public lands and, therefore, shall be considered to be as if filming on public lands, if the applicant intends to and/or is required to park, erect and/or station any equipment related to the filming, including, but not limited to trucks, trailers, dollies, lighting, scaffolds or similar installations on public lands, even though actual filming will take place on private property. This shall apply to the use of site lighting which shines or reflects from private property onto other private property or public lands.
C. 
Permits shall be obtained in the office of the Borough Clerk during normal Borough business hours. Applications for such permits shall be in a form approved by the Borough of Lavallette and shall be accompanied by a permit fee in the amount established in this article.
D. 
The permit shall indicate each and every location where filming is to occur.
E. 
One permit shall be sufficient to authorize outdoor filming and indoor filming and filming at different locations by the same applicant on the same days requested in the application. However, if the applicant intends to conduct filming at various locations on public lands within the Borough of Lavallette, security and/or safety provisions as required in this article shall be required for each location included in the permit application.
F. 
Each day on which filming is to take place shall be specified in the permit. The permit shall not allow filming in excess of 10 calendar days unless a waiver pursuant to § 15-18 of this Code is requested in writing and granted in writing by the Borough Clerk.
G. 
If a permit is issued and, due to inclement weather and/or other good cause, filming does not in fact take place on the date(s) specified in the initial permit, the Borough Clerk may, at the written request of the applicant, seek to renew the initial permit for a period of time not to exceed the original period of the permit to allow filming on new dates.
No permit shall be issued for filming upon public lands or places of public resort, in whole or in part, within the Borough of Lavallette unless the applicant for such permit:
A. 
Completes and submits an application with the required fees and supporting documents.
B. 
Provides proof of insurance coverage for bodily injury for any one person in the amount of $1,000,000, and for any aggregate occurrence in the amount of $2,000,000. The Borough of Lavallette shall be named as an additional insured on the policy and a certificate of insurance shall be delivered to the Borough of Lavallette at the time that the permit is issued.
C. 
Agrees in writing to indemnify and hold harmless the Borough of Lavallette from any and all liability or damages resulting from the use of such public lands by the applicant and their agents, servants and/or employees.
D. 
In the case of a permit to film on private property, the applicant must provide a certificate of insurance in at least the amounts stated in Subsection B that also names the property owner as an additional insured.
E. 
The posting of a security deposit of at least $1,000 cash or certified check or a maintenance bond of at least $2,000 running in favor of the Borough of Lavallette and protecting and insuring that the location utilized will be, after filming, in a satisfactory condition, free of debris, rubbish and equipment, and that due observation of all city ordinances, laws and regulations will be followed. Within seven calendar days of the completion of the filming, the Borough will return the bond or cash or check if there has been no damage to public property or public expense caused by the filming. The Borough Clerk may increase the amount of security deposit or bond in excess of the above amount if it is deemed necessary because of any risk of harm or reasonably anticipated costs of restoration of any condition caused by the filming activity to public lands or places of public resort.
F. 
A permit issued under this article does not permit filming on any County of Ocean or State of New Jersey public land, if the County of Ocean or State of New Jersey has a separate filming permit process for the filming contemplated by the applicant for a Lavallette filming permit.
Applications shall be obtained from and submitted to the Borough Clerk or their designee in person at the office of the Borough Clerk or other designated location or by mail or other delivery service, but not by email, text message and/or facsimile, and must contain at least the following information:
A. 
The name, address and telephone number of the applicant. The applicant is the person or entity seeking a film permit.
B. 
The name, address and telephone number of the individual submitting an application for a film permit on behalf of the applicant and his/her relationship to the applicant, if the applicant is not directly filing the application.
C. 
The location(s) of the public lands where filming is to take place.
D. 
If the filming is to occur on private property, but public lands will be impacted as set forth in § 15-13B above, the following additional information shall be submitted:
(1) 
Whether the individual submitting the application is an owner or tenant in possession of the private property.
(2) 
The name and address of the owner of the private property if the individual submitting the application is not the owner of the private property.
(3) 
Written and notarized consent from the owner if the individual submitting the application is not the owner of the private property.
E. 
The date(s) and hour(s) filming is requested to take place.
F. 
Any anticipated need for Borough of Lavallette police officer(s), electrical or water utility employee(s) and/or special equipment such as barriers, cones or other Borough equipment or vehicles.
G. 
A signed statement that the applicant affirms, under penalty of punishment, that all statements contained in the application are true.
A. 
The applicant 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 Lavallette with respect thereto.
B. 
The applicant shall conduct filming in such a manner as to minimize the inconvenience and/or discomfort to adjoining property owners, residents and/or occupants 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.
D. 
Filming shall be permitted only on Monday through Saturday between the hours of one-half hour before sunrise to one-half hour after sundown, unless the applicant requests in writing, and the Borough allows in writing, night filming and/or at different hours or on different days than set forth herein.
A. 
Where the applicant's filming activity, by reason of location or otherwise, will directly involve and/or affect any businesses, merchants or residents in the immediate area in which the business, merchant or resident is located, the applicant shall give these parties written notice of the filming at least seven calendar days prior to the requested filming dates(s). Such written notice shall inform the affected businesses, merchants or residents that objections to some or all of the requests in the application may be filed with the Borough Clerk. Such written notice shall advise the business, merchant or resident of:
(1) 
Filming activity which may reasonably and objectively directly involve and/or affect a business or merchant by impeding the flow of pedestrian traffic or parking in the immediate area of the block on which the business premises is located, or in any way obstruct, interrupt or prevent access to and from the business premises by persons on foot or in a motor vehicle.
(2) 
Filming activity which may reasonably and objectively directly involve and/or affect a resident, when such production activity shall interfere with the resident's right of quiet enjoyment to the property.
B. 
The area of affected businesses, merchants or residents may be expanded by the Borough Clerk in consultation with the Police Chief or their respective designee if either or both should determine that the filming activity is likely to affect businesses, merchants and/or residents located in a larger area than the area provided for pursuant to this subsection.
C. 
The Borough Clerk may require on-site Borough of Lavallette police officers to act as patrolmen in situations where the proposed filming will impede the proper flow of traffic. The cost of said police officers shall be specifically borne by the applicant in accordance with the then-existing fee schedule as may be set by Borough of Lavallette ordinance, resolution or collective bargaining agreement from time to time, and paid by the applicant prior to any filing activity.
D. 
Where existing electrical power lines are to be utilized by the filming operations, an on-site licensed electrician may be required, at the sole cost of the applicant, if the applicant does not have a licensed electrician on staff. Other Borough personnel, such as lifeguards, electrical or water utility employees, may be required, at the sole cost of the applicant, if it is determined that such employees are necessary to the health, safety and welfare of the citizens of the Borough of Lavallette. Such costs shall be calculated by the Borough prior to any filming occurring.
E. 
Where Borough equipment is requested to be used for filming, such as police or public works vehicles, barriers, cones or other equipment, a separate nonrefundable fee may be imposed for the delivery, erection, use or removal of the equipment equal to the prevailing charge for similar work and equipment as set forth in New Jersey Department of Transportation (NJDOT) contract guidelines.
A. 
The Borough 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 Borough agencies involved with the proposed filming, that filming at the location and/or time set forth in the application would violate any laws or ordinances 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.
B. 
If the Borough Clerk determines to refuse, in whole or in part, to issue a permit, it shall do so promptly in writing to the applicant.
C. 
In the event the application is denied in whole or in part by the Borough Clerk, the applicant may seek a review of the Borough Clerk's decision by the Borough by sending a request for review to the Borough Administrator within five calendar days of the Borough Clerk's decision along with a statement of reasons with any supporting materials upon which the applicant relies to modify or reverse the Borough Clerk's decision. The Borough Administrator must review and render a decision within seven calendar days of receipt of such appeal or a later time, if both parties agree to a later time in writing. The decision of the Borough Administrator shall be deemed to be a final administrative order for purposes of further review.
D. 
The Borough of Lavallette may authorize a waiver of any of the requirements or limitations of this article, may authorize filming on public lands or places of public resort, may authorize filming other than during the hours herein described, may extend the duration of a permit beyond 10 calendar days, or may waive any other limitation or requirement of this article whenever it is determined 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 and welfare.
E. 
The applicant shall notify the Borough Clerk and the Lavallette Police Department at least 24 hours before actual filming takes place and permit the Lavallette Fire Subcode Inspector and the Lavallette Police Department to inspect the site and the equipment to be used. The applicant shall comply with all fire and safety instructions issued by the Lavallette Fire Subcode Inspector and the Police Department.
A. 
The nonrefundable fee for filing of a filming permit shall be $100.
B. 
The filming permit fee shall be a nonrefundable $250 per day for the first three days or part of days of filming rights and a nonrefundable $100 per day or part of day thereafter for filming rights, which shall be paid in advance for the full period requested in the permit.
C. 
The applicant shall also pay the cost of equipment, personnel and/or other costs requested by the applicant and/or required by the Borough as set forth in these Code provisions.
The provisions of this article shall not apply to the filming of news stories within the Borough of Lavallette by any news agency or news network, or their authorized stringer(s). The provisions of this article shall not apply to the filming by professional or amateur still or action photographer(s) for the purpose of capturing images to be used for artistic and/or strictly personal purposes, and which do not require the use of any additional persons and/or additional equipment beyond the use of a single digital or film camera or recording device, which may be mounted on a tripod or image-stabilizing mounting.
Violations of the provisions of this article shall be punishable as provided in Chapter 15, Business Regulations, § 15-11 of the Borough Code. In addition to the penalties provided in Chapter 15, Business Regulations, § 15-11 of the Borough Code, the Borough Clerk may immediately revoke the applicant's permit for any violation of these Code provisions or the terms of any permit issued under these Code provisions to the applicant.