[HISTORY: Adopted by the Mayor and Council of the Borough of Totowa 5-9-2023 by Ord. No. 06-2023. Amendments noted where applicable.]
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.
A. 
No person shall use any public or private property, public right-of-way, facility, and/or residence for the purpose of taking motion pictures, television pictures or commercial still photography, as defined herein, without first applying for and receiving approval and a permit from the Borough Clerk of the Borough of Totowa, as applicable. Said permit must be readily available for inspection by Borough officials at all times at the site of the filming.
B. 
All permits shall be applied for and 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 be accompanied by permit fees in the amounts established by this chapter in § 178-10.
C. 
If a permit is issued and filming does not in fact take place on the dates specified due to good cause, including but not limited to reasons of inclement weather, the Borough Clerk may issue a new permit for filming on other dates subject to full compliance with all other provisions of this chapter. No additional fee shall be paid for this new permit.
A. 
No permit shall be issued by the Borough Clerk unless applied for prior to 24 hours before the requested shooting date; provided, however, that the Borough Clerk may waive the twenty-four-hour time period if, in his judgment, applicant had obtained all related approvals.
B. 
No permits shall be issued unless all fees and reasonably necessary reimbursable expenses are paid to the Borough.
C. 
No permit shall be issued for filming upon public lands unless the applicant shall provide the Borough of Totowa with satisfactory proof of the following:
(1) 
Proof of insurance coverage including, but not limited to, for bodily injury to any one person in the amount of $500,000 and any occurrence in the aggregate amount of $1,000,000;
(2) 
For property damage for each occurrence in the aggregate amount of $300,000;
(3) 
The posting of cash or maintenance bond for the value of $500 protecting and insuring that the location utilized for the filming will be left in a satisfactory condition, free of debris, rubbish, and equipment, and that due observance of all Borough ordinances, laws, and regulations will be followed. Within seven days of the completion of the filming, the Borough will return the bond if there has been no damage to the public property or public expense caused by the filming.
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 Totowa Police Department, the Fire Marshal and the Borough Clerk and with respect thereto.
E. 
The applicant shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners as a result of such filming and shall, to the extent practicable, abate noise and park vehicles off the public streets. All vehicles parked on public streets and rights of ways shall be done so in accordance with all applicable state and local regulations.
F. 
The holder shall not interfere with previously scheduled activities upon public lands and limit, to the extent possible, any interference with normal public activity on such public lands.
G. 
The applicant shall give written notice of the filming to all businesses and residents within 200 feet of the filming location and further provide written proof of such notice at least three business days prior to the submission of a completed permit application. Such written notice shall be in a form acceptable to the Borough Clerk and shall inform such businesses and residents that objections may be filed with the Borough Clerk within the next three business days, said objections to form a part of applicant's application and be considered in the review of the same.
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.
A. 
The Borough of Totowa may refuse to issue a permit whenever it determines, on the basis of objective facts and after a review of the application by the Police Department and by other Borough 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 unreasonable 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.
B. 
The Borough reserves the right to require one or more Totowa police officer(s), Fire Department personnel or any such other specialized Borough officials to remain on-site during the times indicated on the permit, in situations where the production may impede the proper flow of traffic, or otherwise impact upon public safety. The cost of all such personnel shall be borne by the applicant as 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.
A. 
Any person aggrieved by a decision of the Borough denying or revoking a permit or a person requesting relief pursuant to § 178-7 may appeal to the Borough Council. A written notice of appeal setting forth the reasons for the appeal shall be filed within 10 days of said decision.
B. 
The Borough Council shall set the matter down for a hearing within 30 days of the filing of the notice of appeal. The decision of the Borough shall be in the form of a resolution at the first regularly scheduled public meeting, after the hearing of the appeal. The appellant may agree, in writing, to a later date for the decision.
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.
B. 
Expedited permit: $250.
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.