[HISTORY: Adopted by the Mayor and Council
of the Borough of Dumont 10-17-2006 by Ord. No. 1318. 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
videotaping 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 Dumont.
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, sidewalk, square, public park,
easement or playground or any other public place within the Borough
which is within the jurisdiction and control of the Borough of Dumont.
A.
No person or organization shall film or permit filming
on public property within the Borough of Dumont without first having
obtained a permit from the Office of the Borough Administrator, 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 Administrator during normal business hours. Applications for such permits shall be a form approved by the Administrator and be accompanied by a permit fee in the amount established in § 213-12 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 Administrator 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 Administrator
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 the 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 Dumont from any, and
all liability, expense, claim or damages resulting from the use of
public lands.
(3)
The posting of cash of $750 or a maintenance bond
in the amount of $750 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 any off-duty Dumont police officers
for the times indicated on the permit at a rate fixed by the Department.
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 Dumont 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 Administrator, 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 Administrator within five days of the requested shooting date.
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 § 213-8 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 adjourning 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 § 213-8 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 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 outdoor,
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 the Borough
inspectors.
In addition to any other fees or costs mentioned
inn this chapter, the applicant shall reimburse the Borough for any
lost revenue, such as parking meter revenue, repairs to public property
or other revenue 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: $125. Where an applicant requests
a waiver of the provision of § 231-3A, expedited processing
of the permit application, the basic filming permit fee shall be $175.
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.
D.
Filming permit for nonprofit applicants filming for
education purposes (no daily rate): $50.
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.
