[HISTORY: Adopted by the Board of Commissioners
of the Town of West New York 2-21-1996 by Ord. No. 4/96; amended in its entirety 2-21-2024 by Ord. No. 2/24. Subsequent amendments
noted where applicable.]
WHEREAS, the Town of West New York has been the site of occasional
television, movie and other commercial still and motion filming; and
WHEREAS, the motion picture and television industries provide
economic and employment opportunities for Town residents and businesses,
as well as an improvement in the Town's positive image and notoriety;
and
WHEREAS, the Town of West New York aims to enhance these opportunities
by encouraging and cultivating constructive relationships with individuals
wishing to produce films, television shows, and motion pictures in
the Town of West New York; and
WHEREAS, in order to build connections with the motion picture
and television industries and encourage production, uniform procedures
for obtaining filming permits are required, and such regulation is
required to protect the public's health, safety, and welfare:
As used in this chapter, the following terms shall have the
meanings indicated:
The taking of still or motion pictures, either on film or
videotape or current technology 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 Town of West New York.
Includes, but is not limited to, any film which is financed
and/or distributed by a motion-picture studio, independent filmmaker,
cable or network television for the purpose of documentaries, commercial
advertising, movies, music videos or television series.
Any and every public street, highway, sidewalk, square, public
park or playground or any other public place within the Town which
is within the jurisdiction and control of the Town of West New York.
A.
Permit required. No person or organization shall film or permit filming
on public property within the Town without first having obtained a
permit from the office of the Town Clerk, which permit shall set forth
the approved location of such filming and the approved duration of
such filming by specific reference to day or dates, not to exceed
three days. Such permit must be readily available for inspection by
Town officials at all times at the site of filming. The three-day
limitation may be extended only if the filming requested constitutes
a major motion picture considering the following factors:
(1)
Traffic congestion at the filming site caused by vehicles parked
on public streets.
(2)
Applicant's ability to remove film related vehicles off public
streets.
(3)
Applicant's request for restrictions in the use of public parking
during the course of the filming.
(4)
The accommodation of the film shoot itself — whether it's
indoors, outdoors, day, or night.
(5)
Prior filming history with the production company within the Town,
if any.
B.
All permits shall be applied for from the Town Clerk during normal
business hours. Applications for such permits shall be in a form approved
by the Town Clerk accompanied by a permit fee in the amount set forth
herein below.
C.
Reissuance of permit. 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 Town Clerk, after authorization from the
Town Administrator or his/her designee, at the request of the applicant,
may issue a new permit for filming on other dates subject to full
compliance with all other applicable provisions of this chapter.
D.
Fees:
(1)
Permit application fee, which shall accompany the application: $75,
where the applicant requires expedited processing the fee shall be
$125;
(2)
Permit for filming on public land: $750; and
(3)
Permit for nonprofit applicants filming for educational purposes
on public land: $50.
ALL FEES ARE NONREFUNDABLE.
A.
Time needed for issuance. No permit will be issued by the Town Clerk
unless applied for at least 10 days in advance of the day of shooting
and approved by the Town Administrator or his/her designee. The ten-day
period may be waived by the Town Administrator or his/her designee
if it is determined that sufficient cause is warranted and there will
not be any undue interference with any property owners or tenants,
be they residential, commercial or otherwise.
B.
No permit shall be issued for filming upon public lands unless the
applicant provides the Town with satisfactory proof of the following:
(1)
A certificate of insurance naming the Town of West New York the assured
under a policy of insurance providing coverage as follows: for bodily
injury to any one person in the amount of $1,000,000 and any one occurrence
in the aggregate amount of $3,000,000; and for property damage, each
occurrence in the aggregate amount of $500,000.
(2)
An agreement, in writing, whereby the applicant agrees to indemnify
and save harmless the Town of West New York from any and all liability,
expense, claim or damages resulting from the use of public lands.
(3)
The posting of a cash or surety bond of $500 or a maintenance bond
of $1,000 in favor of the Town, thereby protecting and insuring that
the location utilized will be left after filming in a satisfactory
condition, free of debris, rubbish and equipment or materials, and
that due observance of all Town ordinances, rules and regulations
will be followed. Within seven days of the completion of the filming,
the Town will return the bond if there has been no damage to public
property or public expense caused by the filming. If the cost of rectifying
the condition of the public property exceeds the bond, the applicant/permit
holder shall be responsible for all additional amount, and this shall
be agreed to by the applicant as part of the application.
A.
The Chief of Police shall be responsible for reviewing and advising
each application, including determining whether police presence at
the filming is required due to the impact on vehicle and pedestrian
traffic and movement. It is the applicant's responsibility to
hire an off-duty West New York police officer in this regard so the
Town does not incur additional staffing costs.
B.
If determined that filming will directly impact merchants, businesses,
and residents, the applicant must notice all affected within three
days of filming and all objections must be filed with the Town Clerk.
C.
The Town Administrator or his designee may require any fire, electrical,
building, plumbing or other inspections of the filming location and
equipment as he/she deems appropriate, at the applicant's expense.
D.
The applicant, once the permit is issued, 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 West New York Police Department.
E.
No public street in the Town may be closed in connection with the
filming activities without the permission of the Mayor and the Board
of Commissioners.
F.
The Town Administrator or his designee may refuse to issue a permit,
and may revoke a permit already issued, whenever, in his/her judgment,
he/she determines that:
(1)
The applicant has not complied with the requirements for a permit
as set forth herein;
(2)
Filming at the location or during the time set forth in the application
would:
(3)
The applicant has not established that it has provided adequate measures
for parking, sanitary facilities, crowd control and cleanup.
G.
Any person aggrieved by a decision of the Town Administrator or his
designee denying or revoking a permit may appeal to the Mayor and
Board of Commissioners. A written notice of appeal shall be filed
with the Town Clerk setting forth the reasons for the appeal within
10 days of the decision in question. The Mayor and Board of Commissioners
shall set the matter down for a hearing within 30 days of the day
on which the notice of appeal was filed. In the event that the Mayor
and Board of Commissioners do not hold a hearing on the appeal within
that time, the decision of the Town Administrator or his/her designee
shall be deemed affirmed by the Mayor and Board of Commissioners.
H.
A copy of the permit shall be sent to the Director of Public Safety
at least three days before filming is permitted to commence. The applicant
shall allow any and all inspections of the site and the equipment
to be used, as may be deemed appropriate by the Town Administrator
or his/her designee. The holder of a permit shall comply with all
safety instructions issued by the Director of Public Safety and any
Town inspectors.
Filming shall not commence before 7:00 a.m. or continue after
11:00 p.m. without the expressed approval of the Director of Public
Safety after receiving assurances from the Chief of Police that there
will be no adverse impact to any resident or business as a result
of this filming. Filming will take place Monday through Friday only
unless otherwise approved by the Director of Public Safety.
Any person violating this chapter or the provisions of a permit
issued hereunder shall be subject to a fine not to exceed $500 or
imprisonment for a term not to exceed 30 days, or both.
The provisions of this chapter are declared to be severable
and if any section, subsection, sentence, clause or phrase thereof
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, subsections,
sentences, clauses and phrases of this chapter, but shall remaining
in effect; it being the legislative intent that this chapter shall
stand notwithstanding the invalidity of any part.
All ordinances or parts thereof in conflict or inconsistent
with this chapter are hereby repealed, but only however, to the extent
of such conflict or inconsistency, it being the legislative intent
that all ordinances or part of ordinances now existing or in effect
unless the same being conflict or inconsistent with any provision
of this chapter shall remain in effect.
This chapter shall take effect upon passage and publication
as required by law.
