[HISTORY: Adopted by the Mayor and Council of the Borough of Leonia 12-11-2000
by Ord. No. 26-00 (Ch. 103 of the 1982 Code). 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 or for institutional uses. The provisions
of this chapter shall not be deemed to include the “filming” of
news stories within the Borough of Leonia.
Any film which is financed and/or distributed by a major motion picture
studio, including but not limited to the following:
Any and every public street, highway, sidewalk, square, public park
or playground or any other public place within the Borough which is within
the jurisdiction and control of the Borough of Leonia.
A.
No person or organization shall film or permit filming
on public property within the Borough of Leonia without first having obtained
a permit from the office of 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. Without specific authorization from
a majority of the Borough Council, 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. 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 office of the Borough Clerk during normal business hours. Applications for such permits shall be in a form approved by the Borough Clerk and shall be accompanied by a permit fee in the amount established in § 126-12 herein.
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 permits will be issued by the Borough Clerk unless
applied for prior to five days before the requested shooting date; provided,
however, that the Borough 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.
B.
No permit shall be issued for filming upon public lands
unless the applicant shall provide the Borough with satisfactory proof of
the following:
(2)
An agreement in writing, whereby the applicant agrees
to indemnify and save harmless the Borough of Leonia from any and all liability,
expense, claim or damages resulting from the use of public lands.
(3)
The posting of cash of $500 or a maintenance bond in
the amount of $500 running in favor of the Borough and protecting and insuring
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 Borough
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 Leonia 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 free passage of pedestrians and traffic
over public lands and shall comply with all lawful directives issued by the
Leonia Police Department with respect thereto.
A.
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.
B.
The holder of a permit 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 businesses, merchants or residents,
these parties shall be given written notice of the filming at least seven
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 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 five days of the requested shooting date.
Filming in residential zones shall be permitted Monday through Friday between the hours of 7:00 am. and 9:00 p.m. provided that all requests for night scenes shall be approved in the permit to be granted in accordance with § 126-8 hereof. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.
A.
The Borough Administrator may refuse to issue a permit
whenever he 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.
B.
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.
A.
Any person aggrieved by a decision of the Borough Administrator denying or revoking a permit or a person requesting relief pursuant to § 126-8 may appeal to the Borough Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Administrator.
B.
An appeal from the decision of the Administrator shall
be filed within 10 days of the Administrator's decision. The Borough 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 Borough Council shall
be in the form of a resolution supporting the decision of the Borough Administrator
at the first regularly scheduled public meeting of the Borough Council after
the hearing on the appeal, unless the appellant agrees in writing to a later
date for the decision.
The Borough Administrator may authorize filming other than during the
hours herein described. In determining whether to allow an extension of hours
under this section, the Administrator 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.
E.
Prior experience of the film company/applicant with the
Borough, if any.
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 Borough 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 Borough
inspectors.
In addition to any other fees or costs mentioned in this chapter, the
applicant shall reimburse the Borough for any lost revenue, such as parking
meter revenue, repairs to public property or other revenues that the Borough
was prevented from earning because of filming.
A.
When filming is requested with respect to a major motion
picture, the approved location of such filming and approved duration of such
filming by specific reference to day or dates shall not exceed six days in
duration.
The schedule of fees for the issuance of permits authorized by this
chapter are as follows:
A.
Basic filming permit: $75. Where an applicant requests a waiver of the provision of § 126-3A expedited processing of the permit application, the basic filming permit fee shall be $125.
B.
Daily filming fee payable in addition to the basic filming
permit: $500 per day.
C.
Daily filming fee payable for major motion picture: $1,500
per day.
D.
Filming permit for nonprofit applicants filming for education
purposes (no daily rate required): $25.
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 person 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.