[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.]
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Ord. No. 4/96 Preamble
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WHEREAS, the Town of West New York has been the site of occasional
television, movie and other commercial still and motion filming; and
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WHEREAS, said filming has created certain problems which require
special regulation; and
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WHEREAS, such regulation is necessary to preserve the public
health, safety and welfare;
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Now, therefore, be it ordained by the Mayor and Board of Commissioners
of the Town of West New York, County of Hudson and the State of New
Jersey, as follows:
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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.
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.
A.
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.
B.
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:
(1)
The number of actors, extras, crew and all other persons
who will participate in the filming.
(2)
The estimated number and description of types of vehicles
to be used by the crew, including vehicles used for transportation.
(3)
A description of arrangements for parking for crew
and work vehicles.
(4)
A description of sanitary arrangements to be made
for crew and bystanders.
(5)
A description of crowd control measures.
(6)
A description of all location areas for filming or
incidental activities.
(7)
A description of cleanup methods to be used.
(8)
A description of any special electrical requirements
and the methods of satisfying those requirements, including all electrical
permits required.
(9)
Such other information as required by the town to
protect the health, safety and welfare of residents of the town.
C.
All applications for filming within the Town of West
New York shall be reviewed and acted upon by the Town Administrator
or his designee.
D.
One permit shall be required for each location.
E.
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.
A.
Filming shall be permitted only Monday through Friday.
In no event shall filming be permitted in a residential area after
11:00 p.m.
B.
No permit shall be issued for filming unless the applicant
provides to the Town of West New York:
(1)
A certificate of insurance naming the Town of West
New York the assured under a policy of insurance providing coverage
as follows:
(2)
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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:
(1)
The applicant has not complied with the requirements
for a permit as set forth herein; or
(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.
O.
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.
P.
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:
A.
Filming of news stories.
B.
Filming intended solely for private, noncommercial
use involving two or fewer crew members.
C.
Filming in connection with weddings, provided that
the applicant provides to the Town of West New York the following:
(1)
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
(2)
Completed short form application and application fee
in the amount of $50.
