[HISTORY: Adopted by the Mayor and Council of the Borough of Cresskill 1-20-1987
by Ord. No. 87-1-957. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 192.
As used in this chapter, the following terms shall have the meanings
indicated:
The taking of still or motion pictures, either on film, videotape
or similar recording medium, for commercial or educational purposes intended
for viewing on television or in theaters or for institutional use.
Any and every public street, highway, sidewalk or square, public
park or playground or other public place within the Borough which is within
the jurisdiction and control of the Borough.
A.Â
No person shall film or permit filming within the Borough
of Cresskill without first obtaining a permit therefor, which permit shall
set forth the location of such filming and the date or dates when filming
shall take place.
B.Â
Permits shall be obtained in 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 shall be accompanied by a permit
fee in the amount established by the Borough of Cresskill. Incidental use
of a public sidewalk or street which does not result in a closing of the street
or sidewalk to public use shall not be considered filming on public land.
C.Â
One permit shall be required for each location.
D.Â
One permit shall be sufficient to authorize outdoor filming on one day and indoor filming on one day, provided that such date on which filming is to take place shall be specified in the permit, and further provided that the maximum number of days on which filming may be authorized in any calendar year for premises located in a residential zone shall not exceed four without a waiver pursuant to § 119-3I of this chapter.
E.Â
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 Clerk 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.
F.Â
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 and/or tenant accompanies the application.
[Added 4-21-1987 by Ord.
No. 87-10-966]
A.Â
No permit shall be issued for filming at a particular location in a residential zone within the Borough of Cresskill which would permit filming at said location on more than four days during any one calendar year unless a waiver pursuant to § 119-3I of this chapter is granted.
B.Â
No permit shall be issued for filming upon public lands
within the Borough of Cresskill unless the applicant for such permit:
(1)Â
Provides proof of insurance coverage as follows: for
bodily injury for any person in the amount of $500,000 and for any aggregate
occurrence in the amount of $1,000,000.
(2)Â
Agrees, in writing, to indemnify and save harmless the
Borough of Cresskill from any and all liability or damages resulting from
the use of such public lands.
C.Â
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
Cresskill Police Department with respect thereto.
D.Â
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 shall limit, to the extent possible, any
interference with normal public activity on such public lands.
E.Â
The holder of a permit shall take all reasonable steps
to minimize the creation and spread of debris and rubbish during filming and
shall be responsible for removing all equipment, debris and other rubbish
from the filming location upon the completion of filming or the expiration
of the permit, whichever comes first.
F.Â
Filming shall be permitted only Monday through Friday
between the hours of 8:00 a.m. and 7:00 p.m. or sundown, whichever is earlier,
in residential zones.
G.Â
The Borough Clerk may refuse to issue a permit whenever
she 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 time set forth in the application would violate any law or ordinance
or would unreasonably interfere with the public's use of public lands, unreasonably
interfere with the use and enjoyment of adjoining properties, unreasonably
impede the free flow of vehicular pedestrian traffic or otherwise endanger
the public's health, safety or welfare.
H.Â
Any person aggrieved by a decision of the Borough Clerk denying or revoking a permit, or a person requesting relief pursuant to Subsection I, 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 Subsection I 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 Subsection I shall be denied.
I.Â
The Mayor and Council may authorize a waiver of any of
the requirements or limitations of this chapter and may authorize filming
other than during the hours herein described or may extend the duration of
a permit beyond 10 days or may permit filming at a particular location in
a residential zone on more than four days during any one calendar year or
may waive any other limitation or requirement of this chapter whenever it
determines that strict compliance with such limitations will pose an unreasonable
burden upon the applicant and that such a permit may be issued without endangering
the public's health, safety and welfare.
J.Â
The applicant shall notify the Fire Marshal 24 hours
before filming takes place and shall permit the Fire Marshal to inspect the
site and the equipment to be used. The applicant shall comply with all firesafety
instructions issued by the Fire Marshal.
K.Â
The holder of a permit issued for filming on public lands
shall hire, at said person's sole cost and expense, a Cresskill police officer,
who will be present at all times at the site during the filming.
L.Â
Automobiles, trucks and all other vehicles owned, leased
or used by the holder of a permit for either residential or public land filming
shall not be parked on more than one side of the street.
[Amended 6-3-1998 by Ord.
No. 98-9-1187]
Fees shall be as follows:
Any person violating this chapter or rules and regulations contained
herein shall be subject to a fine not to exceed $500 or to imprisonment for
a term not to exceed 90 days, or both.
The provisions of this chapter shall not apply to the filming of news
stories within the Borough of Cresskill.