[Added 8-17-2022 by Ord.
No. 22-16]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, organization, corporation, association or other
entity applying for a film permit from the Borough of Pompton Lakes.
Any and all persons associated with the filming, including,
but not be limited to: directors, actors, set or costume designers,
camera crew members, lighting crew members, sound crew members, boom
operators, pyrotechnic experts, stunt performers, extras, stagehands,
security personnel, production or personal assistants, contractors
and subcontractors, photographers, interns (paid or unpaid) and agents.
The taking of still or motion pictures either on film or
videotape, or similar recording medium, for the commercial or educational
purposes intended for viewing on television, in theaters or for institutional
uses. The provisions of this chapter shall not be deemed to include
the "filming" of news stories within the Borough of Pompton Lakes.
A person who has a privilege to enter upon land arising from
the permission or consent of the owner of the land.
Any film which is financed and/or distributed by a major motion
picture studio, including, but not limited to, the following:
Universal Pictures/Comcast/NBC Universal;
Warner Brothers, including New Line Cinema, Castle Rock Cinema
and Turner Production Company;
Paramount Global, including MTV Films and Nickelodeon Movie;
20th Century Fox, including Fox Searchlight;
Sony/Columbia/Tri-Star;
Disney/Miramax/Pixar/Marvel Studios;
Dream Works;
Lionsgate Films;
HBO and other cable network providers and their subsidiaries
or affiliates; and/or
MGM United Artists.
Any film for which the budget is at least $5,000,000.
Any recurrent weekly television series programming.
Any and every 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 of Pompton Lakes.
As established by Chapter 190 of the Code of the Borough of Pompton Lakes.
[Added 8-17-2022 by Ord.
No. 22-16]
A.
No person or organization shall film or permit filming on public
property within the Borough of Pompton Lakes without having first
applied and obtained a permit from the Borough Clerk, which shall
set forth the approval location of such filming and the approved duration
of such filming by specific reference to day or dates. All permits
shall be applied for and obtained during normal business hours of
the office of the Clerk. Applications for such permits shall be in
a form approved by the office of the Clerk and be accompanied by a
permit fee in the amount established by this chapter, along with the
necessary supporting documents.
B.
The following information shall be included in the permit application:
1.
Locations of filming;
2.
Proposed duration of filming, including date(s) and hours; subject
to the final approval of the Borough Clerk as to the final filming
schedule within the Borough of Pompton Lakes and subject to the requirements
of this section;
3.
Amount of space required on public streets/highways/sidewalks, etc.;
and
4.
Contact information for the applicant, including the on-site person;
5.
The estimated number of film crew members expected to be on-site
during filming;
6.
If filming is conducted on private property, proof of the property
owner's consent to film.
C.
If a permit is issued and, due to inclement weather or other good
cause, filming does not in fact take place on the dates specified,
the Borough Clerk may, at the request of the applicant, issue a new
permit for filming on other dates, subject to fill compliance with
all other provisions of this chapter. No additional fee shall be paid
for this permit.
[Added 8-17-2022 by Ord.
No. 22-16; amended 5-24-2023 by Ord. No. 23-19]
A.
No permits will be issued by the Municipal Clerk unless applied for
prior to five days before the requested shooting date; provided, however,
that the Borough Administrator may waive the five-day period if, in
their judgment, the applicant has obtained all related approvals and
adjacent property owners or tenants do not need to be notified. If
waived, the expedited film permit fee will be applied.
B.
No permits will be issued for filming upon public lands unless the
applicant shall provide the Borough of Pompton Lakes with satisfactory
proof of the following:
1.
Proof of insurance coverage as follows:
(a)
For bodily injury to any one person in the amount of $1,000,000 per
occurrence and in the aggregate amount of $2,000,000.
(b)
For property damage for each occurrence in the aggregate amount of
$300,000.
(c)
The Borough of Pompton Lakes shall be named as an additional insured
and a certificate holder entitled to 30 days' notice of modification
or cancellation.
2.
An agreement, in writing, whereby the applicant agrees to indemnify,
defend and hold harmless the Borough of Pompton Lakes, against any
and all claims for damage and liability to or death of persons; and
for damages to or destruction of public lands occurring during applicant's
use of the premises and caused by the application's operations under
and pursuant to this agreement; and shall pay the reasonable costs
of defending lawsuits resulting, including, but not limited to, reasonable
attorneys' fees, court costs and any judgment awarded to a third party
as the result of such suit. In accordance with the foregoing, permittee
shall also indemnify, defend and hold harmless the Borough of Pompton
Lakes from any and all claims of intellectual property.
3.
The posting of a $500 cash deposit protecting and ensuring that the
location utilized will be left after filming in a satisfactory and
debris free condition and in a fashion consistent with the Borough
code. In the event that the property is not left in such condition,
and remains unabated for more than 24 hours after the Borough notifies
the applicant of the same, the Borough is free to draw upon said monies
to abate such condition that the Borough deems necessary in its sole
and unencumbered judgment and to the extent that the $500 deposit
is insufficient to reimburse the Borough for all related expenses
associated with the same, it shall be permitted to pursue recover
against the applicant for all reasonable costs associated with the
same and if successful, the applicant must reimburse the Borough for
all reasonable expenses associated with the same, including, but not
limited to, reasonable attorney's fees.
4.
The hiring of an off-duty Pompton Lakes police officer(s) for the
times indicated on the permit in such number as required by the Pompton
Lakes Police Department.
C.
The holder of the permit shall take all responsible 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 Pompton Lakes Police Department with respect thereto.
D.
The holder of the 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. 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.
Where the applicant's production activity, by reason of location or
otherwise, will directly involve and/or affect any businesses, merchants
or residents, these parties shall be given written notice of the filming
at least three days prior to the requested shooting date and be informed
that objections may be filed with the Borough Clerk, said objection
to form a part of applicant's application and be considered in the
review of same. Proof of service of notification to adjacent owners
shall be submitted to the Borough Clerk within two days of the requested
shooting date.
E.
Any applicant shall be required to hire off-duty police officers
during filming if:
1.
Firearms, pyrotechnics, or other hazardous materials are to be used;
2.
Any actors or film crew members are to be wearing costumes that resemble
the uniforms of any type of public personnel;
3.
Any streets or lanes are to be closed; or
4.
The filming involves activities in which a police presence is necessary
to protect health, safety or welfare of the residents of the Borough
of Pompton Lakes.
F.
Any applicant shall be required to arrange with the parking authority
for the use of parking in a municipal lot or metered spot(s).
[Added 8-17-2022 by Ord.
No. 22-16]
A.
The Borough may refuse to issue a permit whenever it is determined,
on the basis of objective facts and after a review of the application
and a written report thereon by the Police Department and by Borough
departments involved in the proposed building 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 use
and enjoyment of adjoining properties, or in the opinion of the Police
Department would unreasonably impede the free flow of vehicular or
pedestrian traffic or otherwise endanger the public's health, safety
or welfare.
B.
The Borough of Pompton Lakes reserves the right to require one or
more on-site police officers in situations where proposed production
may impede the proper flow of traffic, the cost of said officers to
be borne by the applicant as a cost of production. Where existing
applicant as a cost of production. Where existing electrical power
lines are to be utilized by the production, an on-site licensed electrician
may be similarly required if the production company does not have
a licensed electrician on staff.
[Added 8-17-2022 by Ord.
No. 22-16]
A.
Any person aggrieved by the decision of the Borough Clerk denying
or revoking a permit that has been denied by the Borough of Pompton
Lake may appeal to the Borough Administrator. A written notice of
appeal setting forth the reasons for the appeal shall be filed with
the Borough Clerk.
B.
An appeal from the decision of the Borough Clerk shall be filed within
10 calendar days from the date of the denial or revocation of the
permit. The matter shall be decided by the Borough Administrator upon
the written record unless a hearing is requested. Any hearing shall
be conducted informally by the Borough Administrator, and the formal
rules of evidence shall not apply. The decision of the Borough Administrator
shall be issued within 45 days from the date of the notice of the
appeal. Such decision is final and appealable to the Superior Court
of New Jersey.
[Added 8-17-2022 by Ord.
No. 22-16]
A.
Copies of the approved permit shall be sent by the Borough Clerk
to the Police Department and Fire Department before filming takes
place. Copies shall be sent to any appropriate New Jersey State agencies,
including the New Jersey Motion Picture and Television Commission.
B.
The applicant shall notify the Police Department and Fire Department
48 hours before the filming takes place and shall permit the Police
Department and Fire Department or other designated Borough inspector
to inspect the site and the equipment to be used. The applicant shall
comply with all safety instructions issued by Borough inspectors,
including, but not limited to, the Police Department and Fire Department.
[Added 8-17-2022 by Ord.
No. 22-16]
A.
The licensee 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.
B.
The licensee 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. Where
the licensee's production activity, by reason of location or otherwise,
will directly involve and/or affect any businesses, merchants or residents,
these parties shall be given written notice of the filming at least
three days prior to the requested shooting date and be informed that
objections may be filed with the office of the Clerk. Proof of service
of notification to adjacent owners shall be submitted to the office
of the Clerk within two days of the requested shooting date.
[Added 8-17-2022 by Ord.
No. 22-16]
Filming in residential zones shall be permitted Monday through
Friday between the hours of 7:00 a.m. and 9:00 p.m. or dusk, whichever
is earlier, and between 9:00 a.m. and 9:00 p.m. on weekends or dusk,
whichever is earlier and provide that all requests for night scenes
shall be approved in the permit. The setup, production and breakdown
required by all filming shall be included in the hours as set forth
herein.
[Added 8-17-2022 by Ord.
No. 22-16; amended 5-24-2023 by Ord. No. 23-19]
The schedule of fees for the issuance of permits authorized
by this chapter are as follows:
A.
Basic filming permit fee: $150.
B.
Expedited Film Permit Fee: $250.
C.
Non-profit organization: $25.
D.
Daily filming fee: $500 (in addition to the basic permit fee).
E.
Daily filming fee for major motion picture: $1,500 per day (in addition
to the basic permit fee).
F.
Overnight parking fee for use of publicly owned property or right-of-way:
$500 per day. Non-profit applicants: $50 per day.
[Added 8-17-2022 by Ord.
No. 22-16]
The fees set forth in § 28-9 shall be waived when filming is done by a student in a grade school, middle school, high school, college, university or other bona fide educational institution upon receipt by the Borough Clerk of a written certification from a teacher or administrator at the school attended by the student stating that the filming is for educational purposes only and is not intended for commercial use.
[Added 8-17-2022 by Ord.
No. 22-16]
In addition to any other fees or costs mentioned in this chapter,
the applicant shall reimburse the Borough of Pompton Lakes for any
lost revenue, such as parking meter revenue, repairs to public property
or other revenues that the Borough was prevented from earning because
of filming.
[Added 8-17-2022 by Ord.
No. 22-16]
Any days necessary to be used for setup and preparation for
a major motion-picture filming shall be counted as a filming day where
such setup is anticipated to involve one or more of the following
conditions: traffic congestion; applicant's ability to remove film-related
vehicles off the public streets; restrictions on the use of public
streets or public parking during the course of the filming; and the
nature of the film shoot (i.e., time of day, indoors or outdoors).
[Added 8-17-2022 by Ord.
No. 22-16]
Where the owner of the premises is not the applicant for the
permit required by this chapter, both the owner and the applicant
shall each be liable for violations hereof. Any person violating this
chapter or these rules and regulations, upon conviction thereof, shall
be punished by a fine not exceeding $2,000 per day or by imprisonment
in the county jail for a term not exceeding 90 days, of both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
[Added 5-24-2023 by Ord. No. 23-19]
A.
The Borough
Administrator may authorize a waiver of any of the requirements, provisions
or restrictions of this chapter if they determine that a waiver thereof
may be granted without endangering the public health, safety and welfare.
In determining whether to issue a waiver, the shall consider the following
factors:
1.
Potential
traffic congestion at the location.
2.
The applicant's
ability to remove the applicant's vehicles and equipment from the
public streets or other public property
3.
The extent
to which the applicant is requesting restrictions on the use of public
streets or public parking facilities during filming.
4.
The nature
of the filming, including whether filming will take place indoors
or outdoors, and the proposed hours for filming.
5.
The extent
to which the filming may affect adjoining and nearby property owners
and occupants.
6.
The Borough's
prior experience with the applicant, if any.
[Added 8-17-2022 by Ord.
No. 22-16; amended 5-24-2023 by Ord. No. 23-19]
The provisions of this chapter shall not apply to:
A.
The filming of news stories within the Borough of Pompton Lakes by
individuals and/or legitimate entities or organizations for purposes
of journalism or news reporting;
B.
Filming by one individual using a hand-held camera without the assistance
of other persons, or filming by one or more individuals for weddings,
religious, occasions and other family or social private parties, occasions,
events or functions;
C.
Filming for authorized municipal government purposes as may be authorized
by the Borough Council or the Borough Administrator.
