As used in this chapter, these terms shall have the following
meanings:
FILMING
The taking of commercial still photography or motion pictures
either on film, videotape, or similar recording medium, for any purpose
intended for viewing on television, in theaters or for institutional
uses.
PUBLIC LANDS
The areas including but not limited to any public building,
street, sidewalk highway, sidewalk, square, public park, playground
or any other public places, which is within the jurisdiction and control
of the Borough of Totowa.
Filming in residential zones shall be permitted Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m., and all activity shall meet the standards of Chapter
266 entitled "Noise." All requests for night scenes shall be approved in the permit to be granted in accordance with §
178-7 hereof. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.
The Borough may authorize filming other than during the hours
herein described. In determining whether to allow an extension of
hours under this section, the Borough shall consider factors including
but not limited to the following:
A. Traffic congestion at the location;
B. The applicant's ability to remove film-related vehicles off
the public streets;
C. Whether the applicant is requesting restrictions on the use of public
streets or public parking during the course of the filming.
D. Nature of the film shoot itself; for example, indoor or outdoors;
day or night; on public or private lands; proximity to residential
neighborhoods; potential for the disruption of normal residential
or business activities; and
E. Prior experience of the film company/applicant with the Borough,
if any.
Copies of the approved permit shall be sent to the Police and
Fire Departments before filming takes place. The applicant shall permit
the Police Department, the Fire Marshal or other Borough inspectors
to inspect the site and equipment to be used. The applicant shall
comply with all safety instructions issued by the Police Department,
the Fire Marshal, or other Borough inspections.
In addition to any and all other fees or costs mentioned in
this chapter, the applicant shall reimburse the Borough for any lost
revenue, including, but not limited to, repairs required to public
property, and any revenues that the Borough was prevented from earning
because of the filming.
The schedule of fees for the issuance of permits authorized
by this chapter are as follows:
A. Basic filming permit: $100.
C. Daily filming fee:
(1) For filming of eight or more hours of use of public lands per day:
$1,000 per day.
(2) For filming of less than eight hours of use of public lands per day:
$500 per day.
D. Overnight parking/use of Borough lot(s): at cost.
E. Police/fire protection: at cost.
Where the owner of the premises is not the applicant for a 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 $1,000 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.