[HISTORY: Adopted by the City Council of
the City of Paterson 2-26-2002 by Ord. No. 02-004(A). 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 purposes intended
for viewing on television or in theaters. The provisions of this chapter
shall not be deemed to include the filming of news stories by recognized
news gathering programs and organizations.
Any and every public street, highway, sidewalk, square, public
park or playground or any public lands that will be impacted by filming
on private property within the City which is within the jurisdiction
and control of the City of Paterson.
[Amended 4-28-2020 by Ord. No. 20-027]
A.
No person or organization shall film or permit filming
on public lands within the City of Paterson without first having made
an application for a permit to the Office of the Mayor, or his designee,
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 seven
consecutive days in any one location. If filming exceeds seven days,
an application for an extension of the permit must be made to the
Office of the Mayor, or his designee. Said permit must be readily
available for inspection by City officials at all times at the site
of the filming.
[Amended 4-28-2020 by Ord. No. 20-027]
B.
All permits shall be applied for and obtained from the Office of the Mayor, or his designee, during normal business hours. Applications for such permits shall be in a form approved by the Law Department and be accompanied by a permit fee in the amount established by this chapter in § 212-4 herein.
[Amended 4-28-2020 by Ord. No. 20-027]
D.
Prior to
issuance of a permit, the Councilperson of the affected Ward and the
Council Members-at-Large shall be notified via email for their approval.
This notification shall include all proposed street closures and requested
filming dates. Should there be no response from the required Councilpersons
within 48 hours, the application will be deemed approved. If the required
Councilpersons disapprove of the application, the application may
be brought before the entire Municipal Council for approval via a
resolution.
[Added 4-28-2020 by Ord. No. 20-027[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsection
D as Subsection E.
E.
The permit when issued shall include alternate dates
in the event filming does not in fact take place on the dates specified
due to inclement weather or other good cause.
A.
No permits
will be issued by the City of Paterson unless applied for prior to
five days before the requested shooting date; provided, however, that
the Business Administrator may waive the five- day period if, in his
judgment, the applicant has obtained all related approvals and adjacent
property owners or tenants do not need to be notified.
[Amended 4-28-2020 by Ord. No. 20-027[1]]
B.
No permit shall be issued for filming upon public
lands unless the applicant shall provide the City with satisfactory
proof of the following:
(2)
An agreement, in writing, shall be in a form to be
approved by the Law Department, whereby the applicant agrees to indemnify
and save harmless the City of Paterson from any and all liability,
expense, claim or damages resulting from its use of public lands.
Further, the applicant shall agree 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 City ordinances,
laws and regulations will be followed.
[Amended 4-28-2020 by Ord. No. 20-027]
(3)
The hiring of qualified security personnel, as recognized
by state law.
C.
The holder of the 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 Paterson Police Department with respect thereto. An
emergency lane must be kept open and available to police, fire and
other emergency vehicles at all times, and there must be sufficient
space available for public access at all times.
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 not park vehicles associated with such
filming on 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 activity
on such public lands. Where the applicant's production activity,
by reason of location or otherwise, will directly involve and/or affect
any business, merchants or residents, these parties shall be given
written notice of the filming and be informed that objections shall
be filed with the City of Paterson. Said objections will become a
part of the applicant's application and be considered during
a review of the same. Proof of service of notification to adjacent
owners shall be submitted to the City of Paterson within seven days
of filming.
[Amended 4-28-2020 by Ord. No. 20-027]
E.
The City of Paterson may refuse to issue a permit
whenever it 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 City 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 City 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 patrolmen to be borne by the applicant as a cost of production.
Where existing electrical power lines are to be utilized by the production,
the applicant should coordinate with PSE&G to ensure the utilization
of these lines is proper.
[Amended 4-28-2020 by Ord. No. 20-027]
F.
Copies of the approved permit will be maintained by
the City Clerk and the Police and Fire Departments.
G.
The applicant shall permit the Fire Prevention Bureau
or other City inspectors to inspect the site and the equipment to
be used. The applicant shall comply with all safety instructions issued
by the Fire Prevention Bureau or other City inspectors.
H.
In addition to any other fees or costs mentioned in
this chapter, the applicant shall reimburse the City for any lost
revenue, such as parking meter revenue, repairs to public property
or other revenues that the City was prevented from earning because
of filming.
I.
The applicant must provide sufficient pedestrian access.
Local residents, business people and their customers must have access
to and from their residences or businesses. If access is denied it
will be considered a violation of this chapter.
J.
The regulation of noise is subject to the Code of Paterson, Chapter 337. The applicant must comply with said noise ordinance.
[Amended 4-28-2020 by Ord. No. 20-027]
K.
The regulation of littering, dumping and trash is subject to the Code of Paterson, Chapter 313. The applicant must keep the location swept and free of debris at all times. All catering, craft service, construction debris and personal trash must be removed from the location each day at wrap and disposed of by private garbage disposal. The applicant may not use Department of Public Works trash cans for production trash.
[Amended 4-28-2020 by Ord. No. 20-027]
L.
All production crew members cannot block driveways
without the express permission of the owner or lessee.
M.
All signs that are erected by the applicant must be
removed at the completion of filming.
N.
The applicant must provide a written plan providing
for an emergency right-of-way for all vehicles. The plan must be approved
by Traffic Division of the Police Department.
[Amended 4-28-2020 by Ord. No. 20-027]
[Amended 4-28-2020 by Ord. No. 20-027]
The schedule of fees for the issuance of permits
authorized by this chapter is as follows:
A.
Basic filming permit: $300. When an applicant requests a waiver of the provision of § 212-3A requiring expedited processing of the permit application, the basic filming permit fee shall be $500. The basic filming permit fee may be waived by the City of Paterson if the applicant for the permit is filming a public service announcement, educational program, documentary or an activity sponsored by a not-for-profit organization. No waiver of the fee shall be allowed for a for-profit company or for a film which does not satisfy the aforementioned criteria.
B.
Daily filming fee payable in addition to the basic filming permit:
$1,500 per day for five or more hours of use of public lands per day
or $750 per day for less than five hours of use of public lands per
day. The daily filming fee may be waived by the City of Paterson if
the applicant for the permit is filming a public service announcement,
educational program, documentary or an activity in support of a not-for-profit
organization. Student filmmakers who are able to provide a valid student
ID shall be exempt from daily filming fees.
Any person violating this chapter, 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.
