[Adopted 9-14-2023 by Ord. No. 2023-18]
As used in this article, the following terms shall have the
meanings indicated:
The taking of still or motion pictures either on film or
videotape or similar recording medium for commercial or educational
purposes intended for viewing on television or the internet, in theaters
or for institutional uses. The provisions of this chapter shall not
be deemed to include the filming of news stories or news events within
the Township of Maple Shade.
Any and every public street, highway, sidewalk, square, public
park or playground or any other public place within the Township which
is within the jurisdiction and control of the Township of Maple Shade.
A.
No person or organization shall film or permit filming on public lands, or which shall cause an impact on public lands within the Township, without first having obtained a permit from the office of the Township Director of Business and Economic Development ("Director"), which permit shall set forth the approved location of such filming and the approved duration of such filming by specific reference by day or dates. No permit shall authorize filming for more than three consecutive days in any one location, and in no event shall filming at one location within the Township exceed a total of 10 days in any one calendar year. Either or both the three-consecutive-day limitation or the ten-day limitation may be extended under the conditions set forth in § 114-51 of this chapter for a major motion picture. The permit must be readily available for inspection by Township officials at the site of the filming.
B.
All permits shall be applied for and obtained from the office of
the Director during normal business hours. Applications for such permits
shall be in a form approved by the Township and shall be accompanied
by a permit fee in the amount established by this article.
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 Director of Business and Economic Development may, at the request
of the applicant, issue a new permit for filming on other dates subject
to full compliance with all other provisions of this article. No additional
fee shall be paid for this permit.
A.
No permits will be issued by the Director of Business and Economic
Development unless applied for on or before five days before the requested
shooting date; provided, however, that the Director may waive the
five-day period if, in the Director's judgment, the applicant has
obtained all related approvals, and adjacent property owners or tenants
do not need to be notified.
B.
No permit shall be issued for filming in the Township of Maple Shade
unless the applicant shall provide the Township with satisfactory
proof of the following:
(1)
Certificate of insurance specifically designating the Township of
Maple Shade as an additional insured, providing general liability,
bodily injury and property damage coverage with minimum limits of
liability not less than $1,000,000 combined single limit. Said certificate
shall state that "the issuing company shall mail 30 days' written
notice to the certificate holder named, certified mail return receipt."
(2)
An agreement, in writing, whereby the applicant agrees to indemnify
and save harmless the Township from any and all liability, expense,
claim or damages resulting from the use of public lands.
(3)
The posting of a cash bond or a maintenance bond of $1,000 in favor
of the Township and protecting and insuring that the location utilized
will be left after filming in satisfactory condition free of debris,
rubbish and equipment, and that all Township ordinances, laws and
regulations will be followed. Within seven days of completion of the
filming, the Township will return the bond if there has been no damage
to public property or public expense caused by the filming.
(4)
Proof of service of notification to adjacent owners 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 Director of Business and Economic Development,
said objections to form a part of the applicant's application and
be considered in the review of the application. Proof of service of
notification to adjacent owners shall be submitted to the Director
of Business and Economic Development at the time the permit application
is submitted. The Director may impose any necessary or appropriate
restrictions as to the time, date, and process of filming.
(5)
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.
(6)
Special regulations for major motion pictures.
(a)
When filming is requested for a major motion picture, the approved location of such filming and the approved duration of such filming by specific reference by day or dates may exceed three consecutive days in duration or 10 days per calendar year if good cause is shown in accordance with § 114-51.
C.
The Director may refuse to issue a permit whenever the Director determines,
on the basis of objective facts and after a review of the application
and consultation with the Police Department and any other Township
agencies involved with the proposed filming 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, unreasonably impede the free
flow of vehicular or pedestrian traffic or otherwise endanger the
public's health, safety or welfare. Further, The Township reserves
the right to require one or more on-site police officers in situations
where the proposed production may impede the proper flow of traffic,
the cost of said police officer(s) to be borne by the applicant as
a cost of production.
D.
The holder of the 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 Maple Shade Police Department with respect thereto.
E.
The holder of a 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 permit 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 public
lands.
F.
Filming in residential zones shall be permitted Monday through Friday between the hours of 7:00 a.m. and 9:00 p.m. Any requests for night scenes or weekends shall be approved in the permit or by a waiver granted in accordance with § 114-51 on five days' written notice to all property owners within 200 square feet of the proposed night or weekend filming. The setup, production and breakdown required by all filming shall be included in the hours set forth herein.
G.
Copies of the approved permit will be sent to the affected departments
before filming takes place. The applicant shall permit the Fire Prevention
Bureau or other Township inspectors to inspect the site and the equipment
to be used. The applicant shall comply with all safety instructions
issued by the Fire Prevention Bureau or other Township inspectors.
H.
In addition to any other fees or costs mentioned in this chapter,
the applicant shall reimburse the Township for any lost revenue, such
as parking meter revenue, repairs to public property or other revenues
that the Township was prevented from earning because of filming.
I.
The Director may refuse to issue a permit whenever the Director determines,
on the basis of objective facts and after a review of the application
and consultation with the Police Department and any other Township
agencies involved with the proposed filming 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, unreasonably impede the free
flow of vehicular or pedestrian traffic or otherwise endanger the
public's health, safety or welfare. Further, the Township reserves
the right to require one or more on-site police officers in situations
where the proposed production may impede the proper flow of traffic,
the cost of said police officer(s) to be borne by the 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.
Any person aggrieved by a decision of the Director denying or revoking a permit or a person requesting relief pursuant to § 114-51 may appeal to the Township Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Township Clerk. An appeal from the decision of the Director of Business and Economic Development shall be filed within 10 days of the Director's decision. The Township 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 Township Council shall be in the form of a resolution to be adopted at the first regularly scheduled public meeting of the Township Council after the hearing on the appeal, unless the appellant agrees, in writing, to a later date for the decision.
The Director of Business and Economic Development may authorize
a waiver of any of the requirements, provisions, or restrictions of
this article whenever the Director determines a permit can be issued
without endangering public health, safety or welfare. In determining
whether to issue a waiver, the Director shall consider the following
factors:
A.
Traffic congestion at the location caused by vehicles to be parked
on the public street;
B.
The applicant's ability to remove film-related vehicles off the public
streets;
C.
When the applicant is requesting restrictions on the use of public
streets or public parking during filming;
D.
The nature of the film shoot itself, e.g., indoor or outdoor, day
or night;
E.
Prior experience of the film company/applicant with the Township,
if any; and
F.
Consultation with the Township Council.
The schedule of fees for the issuance of permits authorized
by this article is as follows:
C.
Filming permit for nonprofit applicants filming for educational documentary
or public television purposes (no daily rate required): $25.
D.
Filming permit for student applicants filming for educational documentary
or public television purposes or completely on private property (no
daily rate required): none.
Any person violating the provisions of this article, 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, or both. A separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.
