[Adopted 9-27-2022 by Ord. No. 2070]
[1]
Editor's Note: Former Ch. 86, Public Parks and Fields Committee, adopted 2-23-2016 by Ord. No. 1885, was superseded 12-27-2016 by Ord. No. 1905. See now Ch. 93, Recreation and Parks Improvement Committees.
As used in this chapter, the following terms shall have the meanings indicated:
CREW
Actors, extras, crew and all other persons who will participate in the filming.
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.
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.
[Amended 2-28-2023 by Ord. No. 2079; 10-14-2025 by Ord. No. 2156]
A. 
There shall be a Film Commission established, consisting of seven members as follows:
(1) 
The Mayor of the Borough of Middlesex or the Administrator;
(2) 
A member of the Borough Council appointed by the Council to serve as a liaison;
(3) 
The Chief of Police of the Borough of Middlesex; and
(4) 
Four residents of the Borough of Middlesex, three of whom shall serve as regular members and one of whom shall serve as an alternate member.
B. 
The Film Commission shall review and approve all permit applications for filming or incidental activities related thereto on public lands within the Borough. Upon approval of the Commission and the submission of the required documents set forth in § 86-3C, the Borough Clerk shall issue a permit.
C. 
The Commission shall also oversee compliance with this chapter, ensure coordination with Borough departments, and address any public safety, traffic, or community concerns related to filming activities.
A. 
No person, firm or corporation shall film or permit filming or any activity in connection therewith within the Borough of Middlesex on public land without first obtaining a permit therefor from the Film Commission, which permit shall set forth the location of such filming and the date or dates when filming shall take place.
B. 
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 of an initial $500 (includes the first day of filming and includes a nonrefundable filing fee of $100), plus $300 per day thereafter that filming shall take place, plus additional bond as referenced in § 86-3.1.
C. 
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 § 86-4 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 Middlesex 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 Middlesex 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.
[Amended 10-14-2025 by Ord. No. 2156]
A. 
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.
B. 
All applicants shall provide proof of insurance coverage in amounts not less than a combined single-limit liability policy of $1,500,000 per occurrence and $2,000,000 in the aggregate naming the Borough of Middlesex as an additional insured.
C. 
The Borough reserves the right to require an additional letter of credit, bond, or other performance guaranty in the amount of $1,000 to cover possible cleanup or restoration costs.
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 Middlesex 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. The Borough will require the posting of a letter of credit, bond or other performance guaranty in the amount of $1,000 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 Middlesex police officer, or a police officer approved by the Borough of Middlesex 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.
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.
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 § 86-4 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.
(4) 
The applicant has not shown that it can comply with the rules and regulations set forth in § 86-4 hereof.
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.
The provisions of this chapter shall not apply to the filming of news stories or filming with a crew of four or fewer members.