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.
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.
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.