[HISTORY: Adopted by the Mayor and Council of the Borough of Cresskill 1-20-1987 by Ord. No. 87-1-957; amended in its entirety 9-11-2025 by Ord. No. 25-18-1674. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 192.
APPLICANT OR APPLICANT OF PERMIT
Any person, organization, corporation, association or other entity applying for a film permit from the Borough of Cresskill.
BOROUGH FACILITY
Any building, structure, or other facility, public or otherwise, under the jurisdiction and control of the Borough of Cresskill.
COMMERCIAL FILM
Any activities pertaining to the staging and/or shooting of any film, including a movie, television program, commercial, video documentary, music video, internet video or other visual recording medium, used in whole or in part for sale, lease, or other commercial exchange, including the advertisement or promotion of any product, service or organization. A recurrent television or internet series is a film. This term shall not include private non-commercial videos and photography or news media as defined herein.
COMMERCIAL STILL PHOTOGRAPHY
All activities pertaining to the staging and/or shooting of photographs for sale or any commercial purpose. This term shall not include private video photography or news media as defined herein.
FILM CREW/FILMING CREW
Includes but is not limited to directors, actors, extras, costume designers, camera crew members, lighting crew members, sound crew members, boom operators, pyrotechnics experts, stunt performers, stagehands, assistants, contractors and subcontractors, interns, and agents, and security personnel.
NEWS MEDIA
Photographic, filming, and/or videotaping for the purpose of spontaneous, unplanned television/web news broadcast or reporting for print medium by reporters, photographers or cameramen.
PRIVATE, NON-COMMERCIAL VIDEOS AND PHOTOGRAPHY
The filming or videotaping of video or still photography intended and used solely for personal, non-commercial use.
PUBLIC LANDS
Any street, highway, square, public park, structure or playground, or any other public place within the jurisdiction and control of the Borough of Cresskill.
STUDENT FILMS
Filming or still photography produced to satisfy a course or curriculum requirement at an accredited educational institution. The student filmmaker may be required to supply proof that they are currently enrolled in any such educational institution.
A. 
No person shall film or permit filming of video or still photography (as defined herein) on any public land, in public facilities or private land within the Borough of Cresskill without first obtaining a permit from the Borough Clerk.
B. 
The permit shall set forth the approved location of such filming and the approved duration of such filming by specific reference to days, dates, and hours of the day. Said permit(s) shall be kept on hand by the permit holder and must be readily available for inspection by Borough officials at all times at the site of filming/photography.
C. 
All permits shall be applied for and obtained from 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.
D. 
If a permit is issued and filming/photography does not take place on the dates specified due to inclement weather or other good cause, the Borough may, at the request of the Applicant, issue a new permit for filming on other dates, without additional charge to the Applicant, subject to full compliance with all other provisions contained herein.
E. 
Permits to film must be obtained at least 15 days prior to filming date.
A. 
Permits shall not be issued for filming upon public land, in public facilities or private land unless the applicant provides the Borough with satisfactory proof of the following:
(1) 
Proof of insurance coverage, listing the Borough of Cresskill as an insured or additional insured which coverage shall provide as a minimum:
(a) 
For general liability/bodily injury/property damage in the amount of $1,000,000 per occurrence and in the aggregate amount of $2,000,000.
(2) 
A written hold harmless and indemnification agreement. The holder of a permit shall not harm the area in which filming takes place and shall return the area to the same or better condition in existence prior to filming. The holder of a permit shall not assign its rights under a permit to any other individual or entity. This section shall not create any liability to the Borough of Cresskill with respect to any adjoining property owners. The applicant shall agree to indemnify and hold harmless the Borough of Cresskill from any and all liability, expense, claim, or damages resulting from the use of Public Lands and Facilities.
(3) 
No permit shall be issued for filming within the Borough of Cresskill on or in any private property unless written consent of the property owner accompanies the application.
B. 
Permits shall be issued by the Borough Clerk after review and approval of application. Any such review shall determine whether any additional Borough of Cresskill services may be reasonably required depending on the nature of the activities proposed. For example, Police Officers may be needed for assistance with road closures or providing safety measures. If additional services are required, the application shall be charged the appropriate fee for said services.
C. 
The applicant shall notify the Fire Marshall 24 hours before filming takes place and shall permit the Fire Marshall to inspect the site (private or public lands) and the equipment to be used. The applicant shall comply with all fire safety instructions issued by the Fire Marshall.
A. 
The holder of a 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 Borough of Cresskill.
B. 
The permit holder 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 off of public thoroughfares so that they will have a minimal effect on traffic. Permit holders must obey Municipal noise ordinances and any and all vehicles parked on public rights of way shall be done so in accordance with all applicable municipal regulations.
C. 
The permit holder shall not interfere with previously scheduled activities upon Borough public lands and in Borough facilities and shall limit, to the extent possible, any interference with normal public activity on such Borough public lands and normal operations in Borough facilities.
D. 
If the holder of a permit shall fail to comply with the provisions outlined in § 119-3 above or any other provisions herein, the Borough Clerk shall revoke the permit and the applicant must immediately cease and vacate its operations from Borough public lands or facilities and private residences.
E. 
The holder of a permit shall be responsible for the removal, upon completion of filming, of all debris and equipment, or upon the expiration of the permit, whichever comes first.
F. 
Filming shall be permitted only Monday through Friday and shall commence not earlier than 8:00 a.m. and shall be completed not later than 7:00 p.m., or sundown, whichever is earlier in residential zones. No filming on weekends.
G. 
Notwithstanding any provision of this chapter, to the contrary, no filming shall take place on public land or in public facilities on any holiday, which for the purposes of this chapter shall mean any federal, state or local holiday.
H. 
No permit shall be issued for filming or photography at a particular location in a residential zone within the Borough of Cresskill on more than four days during any one calendar year unless a waiver is issued.
I. 
The Borough Administrator, in conjunction with the Mayor and Council, may authorize a waiver of any of the requirements or limitations of this chapter.
A. 
The Borough Clerk, with consent of the Administrator may refuse to issue a permit wherever it determines on the basis of objective facts and after a review of the application 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 a 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, unreasonably interfere with Borough business, or otherwise endanger the public's health, safety, or welfare.
B. 
Any person aggrieved by a decision of the Borough Clerk denying or revoking a permit, or a person requesting relief pursuant to § 119-4I, 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 Borough Clerk shall be filed within 10 days of the Borough Clerk'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. A resolution supporting the decision of the Borough Clerk or granting relief pursuant to § 119-4I shall be approved by the Mayor and Council at the first regularly scheduled public meeting by the Mayor and Council after the hearing on the appeal unless the appellant agrees, in writing, to a later date for the decision. If such a resolution is not adopted within the time required, the decision of the Borough Clerk shall be deemed to be reversed, and a permit shall be issued in conformity with the application or the relief pursuant to § 119-4I shall be denied.
A. 
The Borough of Cresskill reserves the right to require one or more Municipal Law Enforcement officers, fire/EMS personnel or any other such 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.
The schedule of fees for the issuance of permits authorized by this chapter are as follows:
A. 
Permit fees:
(1) 
Filming permit:
(a) 
Public land film: $750 per day.
(b) 
Private commercial/residential film: $1,500 per day.
(c) 
Student film: $25 per day.
(2) 
Requirement for student films:
(a) 
Student films need to supply letter stating the educational intent of their film or photography. The student filmmaker may be required to supply proof that they are currently enrolled in any such educational institution, and it is an educational requirement.
(3) 
No permit fee shall be required for:
(a) 
Non-profit organizations. Permit fees may be waived for non-profit organizations with a valid 501c3 status.
(b) 
News media. Filming by news media as defined in this chapter.
Any person violating the rules and regulations contained herein may be subject to a fine not to exceed $500 per violation. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. These penalties shall not be the exclusive remedy of the Borough in the event that civil damages may be sought in connection with any violation of the terms and conditions contained herein or which arise as a consequence of filming on Borough public lands or in Borough facilities.
In addition to any and all other fees and costs mentioned in this Chapter, the applicant shall reimburse the Borough for any lost revenue, including but not limited to, repairs required to any public property, and any revenues that the Borough was prevented from earning because of filming.