As used in this chapter, the following terms shall have the
meanings indicated:
FILMING
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, in theaters or for institutional
uses. The provisions of this chapter shall not be deemed to include
the filming of news stories within the City.
MAJOR MOTION PICTURE
B.
Warner Brothers, including New Line Cinema, Castle Rock Cinema,
Village Road Show and BelAire.
C.
Paramount, including MTV Films and Nickelodeon Movie.
D.
20th Century Fox, including Fox Searchlight.
I.
Any major streaming service, such as Netflix, Hulu, or Amazon
Prime Video.
J.
Any film for which the budget is at least $5,000,000.
K.
Recurrent weekly television series programming.
PUBLIC LANDS
Any and every public street, highway, sidewalk, square, public
park or playground or any other public place within the City which
is within the jurisdiction and control of the City.
The Burlington City Director of Public Affairs and Use of Facilities
Coordinator shall be designated as the New Jersey Motion Picture and
Television Commission Liaison and shall be referred to in this chapter
as the "Director of Public Affairs."
The City Business Administrator may authorize a waiver of any
of the requirements, provisions or restrictions of this chapter if
the Administrator determines that a waiver thereof may be granted
without endangering the public health, safety and welfare. In determining
whether to issue a waiver, the Administrator shall consider the following
factors:
A. Potential
traffic congestion at the location.
B. The applicant's
ability to remove the applicant's vehicles and equipment from the
public streets or other public property.
C. The extent
to which the applicant is requesting restrictions on the use of public
streets or public parking facilities during filming.
D. The nature
of the filming, including whether filming will take place indoors
or outdoors, and the proposed hours for filming.
E. The extent
to which the filming may affect adjoining and nearby property owners
and occupants.
F. The City's
prior experience with the applicant, if any.
Copies of the approved permit will be sent to the Police and
Fire Departments before filming takes place and to the New Jersey
Film Commission. The applicant shall permit the Fire Prevention Bureau
or other City inspectors to inspect the site and the equipment to
be used, if deemed necessary. The applicant shall comply with all
safety instructions issued by the Fire Prevention Bureau or other
City inspectors.
In addition to any other fees or costs mentioned in this chapter,
the applicant shall reimburse the City for any lost revenue, such
as parking meter revenue, repairs to public property or other revenues
that the City was prevented from earning because of filming.
The schedule of fees for the issuance of permits authorized
by this chapter are as follows:
A. Basic filming permit: $100. Where an applicant requests a waiver of the provision of §
148-4A requiring expedited processing of a permit application within 24 hours of the filming date, the basic filming permit fee for processing the application on an expedited basis shall be $150.
B. Daily
filming fee payable in addition to the basic filming permit when filming
entirely on public property: $200 per day.
C. Daily
filming fee payable for major motion picture when filming entirely
on public property: $1,000 per day.
D. Filming
permit for nonprofit applicants filming for educational purposes,
including student films (no daily rate required): $25.
E. Filming
on private property: No daily filming fee will be imposed.
Any person who violates any provision of this chapter shall,
upon conviction thereof, be punished by a fine not exceeding $2,000,
imprisonment in the county/municipal jail for a term not exceeding
90 days, or a period of community service not exceeding 90 days, or
any combination thereof as determined by the Municipal Court Judge.
Each day on which a violation of this chapter exists shall be considered
a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal
Court Judge may determine.