As used in this chapter, the following terms
shall have the meanings indicated:
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 or for institutional
uses. The provisions of this chapter shall not be deemed to include
the "filming" of news stories within the Township of Montclair.
MAJOR MOTION PICTURE
Any film which is financed and/or distributed by a major
motion picture studio, including but not limited to the following:
B.
Warner Brothers, including New Line Cinema,
Castle Rock Cinema, Village Road Show and Bel-Aire.
C.
Paramount, including MTV Films and Nickelodeon
Movie.
D.
20th Century Fox, including Fox Searchlight.
I.
Any film for which the budget is at least $5,000,000.
J.
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 the Township which
is within the jurisdiction and control of the Township of Montclair.
Filming in residential zones shall be permitted Monday through Friday between the hours of 7:00 a.m. and 9:00 p.m., provided that all requests for night scenes shall be approved in the permit to be granted in accordance with §
140-8 hereof. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.
The Township Manager may authorize filming other
than during the hours herein described. In determining whether to
allow an extension of hours under this section, the Manager shall
consider the following factors:
A. Traffic congestion at the location caused by vehicles
to be parked on the public street.
B. Applicant's ability to remove film-related vehicles
off the public streets.
C. When the applicant is requesting restrictions on the
use of public streets or public parking during the course of the filming.
D. Nature of the film shoot itself; e.g., indoor or outdoors;
day or night; on public or private lands.
E. Prior experience of the film company/applicant with
the Township, if any.
F. Consultation with the Council-Ward representative
wherein the filming is to take place.
Copies of the approved permit will be sent to
the Police and Fire Departments before filming takes place and to
the New Jersey Film Commission. The applicant shall permit the Fire
Prevention Bureau or other township inspectors to inspect the site
and the equipment to be used. The applicant shall comply with all
safety instruction issued by the Fire Prevention Bureau or other township
inspectors.
In addition to any other fees or costs mentioned
in this chapter, the applicant shall reimburse the Township for any
lost revenue, such as parking meter revenue, repairs to public property
or other revenues that the Township was prevented from earning because
of filming.
The schedule of fees for the issuance of permits
authorized by this chapter are as follows:
A. Basic filming permit: $150. Where an applicant requests a waiver of the provision of §
140-3A requiring expedited processing of a permit application within 24 hours of the filming date, the basic filming permit fee for processing the application on an expedited basis shall be $500.
[Amended 2-11-2008 by Ord. No. 08-03; 7-7-2009 by Ord. No. O-032-09]
B. Daily filming fee payable in addition to the basic
filming permit: $600 per day.
[Amended 7-7-2009 by Ord. No. O-032-09]
C. Daily filming fee payable for major motion picture:
$1,500 per day.
D. Filming permit for nonprofit applicants filming for
educational purposes (no daily rate required): $25.
[Amended 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $2,000, imprisonment in the county/municipal jail for a
term not exceeding 90 days, or a period of community service not exceeding
90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists
shall be considered a separate and distinct violation and shall be
subject to imposition of a separate penalty for each day of the violation
as the Municipal Court Judge may determine.