[HISTORY: Adopted by the Mayor and Council
of the Borough of Franklin Lakes 11-20-2007 by Ord. No. 1389.
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 or
videotape or similar recording medium, for commercial or educational
purposes, intended for viewing on television, in theaters, for institutional
uses, over the internet, or on any other medium. The provisions of
this chapter shall not be deemed to include the filming of news stories
within the Borough. Filming includes all rehearsals, preparations,
assembly and dismantling of all equipment and structures, including,
but not limited to, scaffolding, lights, backdrops, tools and food,
and the loading and unloading of vehicles containing the equipment,
structures and food.
[Amended 10-18-2022 by Ord. No. 1893]
Any film which is financed and/or distributed by a motion
picture studio.
[Amended 10-18-2022 by Ord. No. 1893]
Any and every public street, highway, sidewalk, square, public
park or playground or any other public place within or owned by the
Borough which is within or owned by the Borough which is within the
jurisdiction and control of the Borough.
[Amended 10-18-2022 by Ord. No. 1893]
A series of programs or shows to be aired on television or
any other platform, such as streaming or on the internet.
[Amended 10-18-2022 by Ord. No. 1893]
A.
No person or organization shall film or permit filming
within the Borough of Franklin Lakes without first having obtained
a permit from the Borough Clerk, which permit shall set forth the
approved location of such filming and the approved duration of such
filming by specific reference to day or dates. No permit shall authorize
filming for more than three consecutive days in any one location,
and in no event shall filming at one location within the Borough exceed
a total of six days in any one calendar year, regardless of the number
of permits utilized in reaching this six-day maximum. This six-day
limitation may be extended only if the filming requested constitutes
a major motion picture or television series. Said permit must be readily
available for inspection by Borough officials at all times at the
site of the filming.
B.
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 a permit fee in the amount set forth hereinbelow.
C.
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.
A.
No permit will be issued by the Borough Clerk unless
applied for at least five days prior to the requested shooting date;
provided, however, that the Borough Clerk may waive the five-day period
if, in the Borough Clerk's judgment, the applicant has obtained all
related approvals and adjacent property owners or tenants do not need
to be notified.
B.
No permit shall be issued for filming upon public
lands unless the applicant shall provide the Borough with satisfactory
proof of the following:
(1)
Certificate of insurance specifically naming the Borough
of Franklin Lakes as an additional insured, providing general liability,
bodily injury and property damage coverage with minimum limits of
liability not less than $1,000,000 combined single limit. Said certificate
shall state that "the issuing company shall mail 30 days' written
notice to the certificate holder named, certified mail return receipt."
(2)
An agreement, in writing, whereby the applicant agrees
to indemnify and save harmless the Borough of Franklin Lakes from
any and all liability, expense, claim or damages resulting from the
use of public lands.
(3)
The posting of a cash or surety bond of $500 in favor
of the Borough to insure that the location utilized will be left after
filming in a satisfactory condition, free of debris, rubbish and equipment,
and that due observance of all ordinances, laws and regulations will
be followed. Within seven days of the completion of the filming, the
Borough will return the bond if there has been no damage to public
property or public expense caused by the filming.
(4)
The hiring of an off-duty Franklin Lakes police officer
for the times indicated on the permit.
C.
The holder of the permit shall take all reasonable
steps to minimize interference with the passage of pedestrians and
traffic over public lands and shall comply with all lawful directives
issued by the Franklin Lakes Police Department with respect thereto.
D.
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 limit, to the
extent possible, any interference with normal public activities on
such public lands. Where the applicant's production activity, by reason
of location or otherwise, will directly involve and/or affect any
businesses, merchants or residents, these parties shall be given written
notice of the filming at least three days prior to the requested shooting
date and be informed that objections may be filed with the Borough
Clerk, said objections to form a part of the applicant's application
and be considered in the review of the same. Proof of service of notification
to adjacent owners shall be submitted to the Borough Clerk within
two days of the requested shooting date.
E.
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 the provisions of Subsection H hereinbelow. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.
F.
The Borough Clerk may refuse to issue a permit whenever
the Borough Clerk 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 the time set forth
in the application would violate any 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 or otherwise
endanger the public's health, safety or welfare. Further, the Borough
reserves the right to require one or more on-site patrolmen in situations
where the proposed production may impede the proper flow of traffic,
the cost of said patrolman to be borne by the applicant as a cost
of production. Where existing electrical power lines are to be utilized
by the production, an on-site licensed electrician may be similarly
required if the production company does not have a licensed electrician
on staff.
G.
Any person aggrieved by a decision of the Borough Clerk denying or revoking a permit or a person requesting relief pursuant to Subsection F 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 supporting or reversing the decision of the Borough Clerk at the first regularly scheduled public meeting of the Mayor and Council after the hearing on the appeal, unless the appellant agrees, in writing, to a later date for the decision.
H.
The Borough Clerk may authorize filming other than
during the hours herein described. In determining whether to allow
an extension of time under this subsection, the Borough Clerk shall
consider the following factors:
(1)
Traffic congestion at the location caused by vehicles
parked on the public streets;
(2)
Applicant's ability to remove film-related vehicles
off the public streets;
(3)
When the applicant is requesting restrictions on the
use of public streets or public parking during the course of the filming;
(4)
Nature of the film shoot itself, e.g., indoor or outdoor,
day or night; and
(5)
Prior experience of the film company/applicant with
the Borough, if any.
I.
Copies of the approved permit shall be sent to the
Police and Fire Departments before filming takes place and to the
New Jersey Film Commission. The applicant shall permit members of
the Police Department, Fire Department, Fire Prevention Bureau, Department
of Public Works or other Borough officers or inspectors to access
the site for such purposes as may be necessary or appropriate. The
applicant shall comply with all safety instructions issued by the
Fire Prevention Bureau or other Borough inspectors.
J.
In addition to any other fees or costs mentioned in
this chapter, the applicant shall reimburse the Borough for any lost
revenue that the Borough was prevented from earning because of filming.
K.
Special regulations for major motion pictures and
television series.
(1)
When filming is requested with respect to a major
motion picture or television series, the duration of such filming
shall not exceed six consecutive days in duration.
L.
An applicant requesting permission to film on Borough property or in a Borough building shall, in addition to a filming permit application, file a facilities use permit application in accordance with Article III of Chapter 356 of the Borough Code. Except as provided hereinbelow, such an application shall require approval of the Mayor and Council. The Mayor and Council shall have sole discretion to grant or deny the application, and shall have the authority to impose such terms and conditions as the Mayor and Council feels appropriate. Notwithstanding the foregoing, if there is no Mayor and Council meeting between the time the application if filed and the anticipated filming date(s), the Borough Administrator may grant an application for a one-day filming event provided it is approved by the Community Director, the Police Chief and the Superintendent of Public Works, or their respective designees, and the Recreation and Parks Council Liaison.
[Added 3-16-2021 by Ord. No. 1830; amended 10-18-2022 by Ord. No.
1893]
[Amended 10-18-2022 by Ord. No. 1893]
The schedule of fees for the issuance of permits
authorized by this chapter is as follows:
A.
Filming permit application fee: $200. Where an applicant requests a waiver of the provision of Subsection A of § 250-3 requiring expedited processing of the permit application, the application fee shall be $400. The application fee for nonprofit applicants filming for educational purposes shall be $25.
B.
In addition to the filming permit application fee,
a daily filming fee as follows:
Where the owner of the premises is not the applicant
for a permit required by this chapter, both the owner and the applicant
shall each be liable for violations hereof. Any persons violating
this chapter or these rules and regulations, upon conviction thereof,
shall be punished by a fine not exceeding $1,000 per day or by imprisonment
in the county jail for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
