[HISTORY: Adopted by the Board of Commissioners of the Town of West New York 2-21-1996 by Ord. No. 4/96. Amendments noted where applicable.]
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 equipment, for any purpose.
- PUBLIC LANDS
- Any and every public street, highway, sidewalk, square, park or playground and all other public places within the Town of West New York which are within the jurisdiction and control of the town.
No person, firm, corporation or other entity shall commence filming within the Town of West New York without first obtaining a permit from the Town of West New York therefor. The permit shall set forth the location of the filming and the date or dates when filming shall take place and must be readily available for inspection by the town officials at all times at the site of the filming.
Applications for permits shall be obtained from the office of the Town Clerk during normal business hours. Completed applications must be submitted to the Town Clerk at least 10 days prior to the requested filming date and must be accompanied by a permit fee in the amount established by this chapter. With each application, the applicant shall provide the following information:
The number of actors, extras, crew and all other persons who will participate in the filming.
The estimated number and description of types of vehicles to be used by the crew, including vehicles used for transportation.
A description of arrangements for parking for crew and work vehicles.
A description of sanitary arrangements to be made for crew and bystanders.
A description of crowd control measures.
A description of all location areas for filming or incidental activities.
A description of cleanup methods to be used.
A description of any special electrical requirements and the methods of satisfying those requirements, including all electrical permits required.
Such other information as required by the town to protect the health, safety and welfare of residents of the town.
All applications for filming within the Town of West New York shall be reviewed and acted upon by the Town Administrator or his designee.
One permit shall be required for each location.
Permits must be obtained no more than 90 days in advance of the first scheduled filming date and shall be valid for a period of no more than four days of filming.
Filming shall be permitted only Monday through Friday. In no event shall filming be permitted in a residential area after 11:00 p.m.
No permit shall be issued for filming unless the applicant provides to the Town of West New York:
A certificate of insurance naming the Town of West New York the assured under a policy of insurance providing coverage as follows:
A written agreement to indemnify and save harmless the Town of West New York from any and all liability, expenses (including but not limited to attorneys fees and other costs of litigation), claims and damages resulting in any way from the applicant's filming activities.
Where the applicant's activities, by reason of location or otherwise, will directly involve or affect any business, merchant or resident, the applicant shall, within three days after the filing of the application, give written notice to all those affected describing the activities and informing them that objections thereto may be filed with the Town Clerk. Any objections received will be considered by the Town Administrator or his designee in connection with the application.
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 West New York Police Department with respect thereto.
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 the filming and shall, to the extent practicable, abate noise and park vehicles associated with the filming off the public streets. The holder shall avoid any interference with previously scheduled activities on public lands and limit, to the extent possible, any interference with normal activity on public lands.
The applicant shall make every effort to cooperate with residents to minimize the inconvenience caused by filming in three days' notice of parking restrictions and all other inconveniences, such as may be allowed by the town pursuant to the permit.
The holder of a permit shall take all reasonable steps to minimize the creation and spread of debris during filming and shall be responsible, immediately upon the completion of filming or the expiration of the permit, whichever occurs first, for removing all equipment and debris from the filming location and restoring all affected lands to the same condition as existed prior to the filming activities.
As a condition of the issuance of any permit hereunder, the applicant shall provide to the town a certified check in the amount of $1,000, or such higher amount as may be deemed appropriate by the Town Administrator or his designee, to ensure the performance of all obligations of the applicant under this chapter and the permit issued hereunder. Any money remaining after full performance of all obligations shall be returned to applicant.
Each film location shall have such number of off-duty West New York police officers (or other officers approved by the Director of Public Safety) as may be determined by the Director of Public Safety, the cost for which shall be paid by the applicant, in advance.
When it is deemed appropriate by the Town Administrator or his designee, an on-site licensed electrician may be required, at the applicant's expense.
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.
The Town Administrator or his designee may require any fire, electrical, building, plumbing or other inspections of the filming location and equipment as he deems appropriate, at the applicant's expense.
If a permit is issued and, due to adverse weather or for other good cause, filming does not take place on the dates specified in the permit, the Town Administrator or his designee may, at the request of the applicant, issue a revised permit for filming on alternate dates, without an additional permit fee.
The Town Administrator or his designee may refuse to issue a permit, and may revoke a permit already issued, whenever, in his judgment, he determines that:
The applicant has not complied with the requirements for a permit as set forth herein; or
Filming at the location or during the time set forth in the application would:
The applicant has not established that it has provided adequate measures for parking, sanitary facilities, crowd control and cleanup.
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 setting forth the reasons for the appeal shall be filed with the Town Clerk 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 does not hold a hearing on the appeal within that time, the decision of the Town Administrator or his designee shall be deemed affirmed by the Mayor and Board of Commissioners.
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 designee. The holder of a permit shall comply with all safety instructions issued by the Director of Public Safety and any town inspectors.
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.
Exemptions shall be as follows:
Filming of news stories.
Filming intended solely for private, noncommercial use involving two or fewer crew members.
Filming in connection with weddings, provided that the applicant provides to the Town of West New York the following:
Proof of insurance coverage for bodily injury to any one person in the amount of $500,000 and any one occurrence in the aggregate amount of $1,000,000 and for property damage, each occurrence in the aggregate amount of $300,000; and
Completed short form application and application fee in the amount of $50.