[HISTORY: Adopted by the Mayor and Council of the Borough of Oceanport 5-15-2025 by Ord. No. 1110. Amendments noted where applicable.]
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, for institutional uses, over the internet, or on any other medium. The provisions of this chapter shall not be deemed to include the filming of news stories within the Borough. Filming includes all rehearsals, preparations, assembly and dismantling of all equipment and structures, including, but not limited to, scaffolding, lights, backdrops, tools and food, and the loading and unloading of vehicles containing the equipment, structures, and food.
MAJOR MOTION PICTURE
Any film which is financed and/or distributed by a major motion picture studio, including but not limited to the following: NBCUniversal, including Peacock; Warner Bros. Discovery, including New Line Cinema, HBO, DC Studios and Castle Rock Entertainment; Paramount Pictures, including Miramax, MTV Films, Showtime, Skydance, Dreamworks and Nickelodeon Movies; Walt Disney Studios, including 20th Century Studios, Searchlight Pictures, Hulu and Marvel Studios; Sony Pictures, including Columbia Pictures, Screen Gems and Tristar Pictures; Amazon MGM Studios; Netflix Studios; A24; any film for which the budget is at least $20,000,000; or any 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 or owned by the Borough which is within or owned by the Borough which is within the jurisdiction and control of the Borough.
A. 
No person or organization shall film or permit filming within the Borough of Oceanport on public or on private property where such filming involves the use of public property for the operation, placement or temporary storage of vehicles or equipment utilized in such filming, including, but not limited to, without first having obtained a permit from the Zoning Officer, 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. Said permit must always be readily available for inspection by Borough officials at the site of the filming.
B. 
All permits shall be applied for and obtained from the Zoning Officer during normal business hours. Applications for such permits shall be in a form approved by the Zoning Officer and be accompanied by a permit fee in the amount set forth hereinbelow.
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 Borough Zoning Officer 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 chapter. No additional fee shall be paid for this permit.
A. 
No permit will be issued by the Zoning Officer unless applied for at least four days prior to the requested shooting date; provided, however, that the Mayor or the Borough Administrator Officer may waive the four-day period if, in the Zoning Officer's '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 upon public lands unless the applicant shall provide the Borough with satisfactory proof of the following:
(1) 
Certificate of insurance specifically naming the Borough of Oceanport 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 Borough of Oceanport 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 in favor of the Borough to ensure that the location utilized will be left after filming in a satisfactory condition, free of debris, rubbish and equipment, and that due observance of all 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 public property or public expense caused by the filming.
(4) 
The hiring of an off-duty Oceanport police officer for the times indicated on the permit, at the discretion of the Chief of Police.
C. 
The holder of the permit shall take all reasonable steps to minimize interference with the passage of pedestrians and traffic over public lands and shall comply with all lawful directives issued by the Oceanport Police Department with respect thereto.
D. 
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 holder shall avoid any interference with previously scheduled activities upon public lands and limit, to the extent possible, any interference with normal public activities on such public lands. 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 Zoning Officer, said objections to form a part of the applicant's application and be considered in the review of the same. Proof of service of notification to adjacent owners shall be submitted to the Zoning Officer within two days of the requested shooting date.
E. 
Filming in residential zones shall be permitted Monday through Sunday between the hours of 7:00 a.m. and 10:00 p.m., provided that all requests for night scenes shall be approved in the permit to be granted in accordance with the provisions of Subsection H hereinbelow. The setup, production and breakdown required for all filming shall be included in the hours as set forth herein.
F. 
The Zoning Officer may refuse to issue a permit whenever the Zoning Officer determines, on the basis of objective facts and after a review of the application and a report thereon 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 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 Borough reserves the right to require one or more on-site patrolmen in situations where the proposed production may impede the proper flow of traffic, the cost of said patrolmen 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.
G. 
Any person aggrieved by a decision of the Zoning Officer denying or revoking a permit or a person requesting relief pursuant to Subsection F may appeal to the Mayor and Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Borough Clerk. An appeal from the decision of the Zoning Officer shall be filed within 10 days of the Zoning Officer's decision. The Mayor and 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 Mayor and Council shall be in the form of a resolution supporting, reversing, or modifying the decision of the Zoning Officer at the first regularly scheduled public meeting of the Mayor and Council after the hearing on the appeal, unless the appellant agrees, in writing, to a later date for the decision.
H. 
Waiver of requirements of chapter by Zoning Officer. The Zoning Officer may authorize a waiver of any of the requirements, provisions or restrictions of this chapter if the Zoning Officer determines that a waiver thereof may be granted without endangering the public health, safety and welfare. In determining whether to issue a waiver, the Zoning Officer shall consider the following factors:
(1) 
Traffic congestion at the location caused by vehicles parked on the public streets;
(2) 
Applicant's ability to remove film-related vehicles off the public streets;
(3) 
When the applicant is requesting restrictions on the use of public streets or public parking during the course of the filming;
(4) 
Nature of the film shoot itself, e.g., indoor or outdoor, day or night;
(5) 
The extent to which the filming may affect adjoining and nearby property owners and occupants; and
(6) 
Prior experience of the film company/applicant with the Borough, if any.
I. 
Copies of the approved permit shall be sent to the Police, Fire Departments and First Aid before filming takes place and to the New Jersey Film Commission. The applicant shall permit members of the Police Department, Fire Department, Fire Prevention Bureau, Department of Public Works or other Borough officers or inspectors to access the site for such purposes as may be necessary or appropriate. The applicant shall comply with all safety instructions issued by the Fire Prevention Bureau or other Borough inspectors.
J. 
In addition to any other fees or costs mentioned in this chapter, the applicant shall reimburse the Borough for any lost revenue that the Borough was prevented from earning because of filming calculated by the appropriate department head and providing this information to the Zoning Officer.
The schedule of fees for the issuance of permits authorized by this chapter is as follows:
A. 
Filming permit application fee: $100. Where an applicant requests a waiver of the provision of § 207-3A requiring expedited processing of the permit application, the application fee shall be $250.
B. 
Daily filming fee payable to the basic filming permit when filming entirely on public property: $150 per day.
C. 
Daily filming fee payable for major motion picture when filming entirely on public property: $500 per day.
D. 
The application fee for nonprofit applicants filming for educational purposes shall be $25 (no daily filming fee).
E. 
Filming entirely on private property: no daily fee.
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 persons violating this chapter or these rules and regulations, 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.
Each section, subsection, sentence, clause, and phrase of this chapter is declared to be an independent section, subsection, sentence, clause, and phrase, and finding or holding of any such portion of this chapter to be unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this chapter.
This chapter shall be in full force and effect from and after its adoption and any publication as may be required by law.