[Added 10-10-2000 by Ord. No. 21-2000]
The following terms, whenever used or referred to in this article, shall have the following respective meanings, unless a different meaning clearly appears from the context:
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 Internet, television, theaters or for institutional uses. The provisions of this article shall not be deemed to include the filming of news stories within the City.
PUBLIC LANDS
Any and every public street, highway, sidewalk, square, public park, playground or any other public place within the City's jurisdiction and control.
This article shall govern the issuance of licenses by the City for filming on public lands and shall supplement the Code of the City of East Orange, specifically Chapter 170. It is not intended to repeal, abrogate, annul or in any way impair or interfere with the existing provisions of other laws or ordinances, except those which may specifically be repealed by this article. In the event of a conflict between this article and a specific provision of any other provision of this chapter or other City ordinance, the specific provision herein, as same pertains to filming on public lands, shall govern, but only to the extent that such conflict cannot be reconciled.
A. 
No person or organization shall film or permit filming on public lands within the City without first having obtained a permit from the office of the Licensing Division, which permit shall set forth the approved location of such filming and the approved duration of such filming by specific references to day or dates. Said permit must be readily available for inspection by officials of the City at all times at the site of the filming.
B. 
All permits shall be applied for and obtained from the Licensing Division during normal business hours. Applications for such permits shall be in a form approved by the Licensing Division and be accompanied by a permit fee in the amount established by this article in § 170-37.
C. 
One permit shall be sufficient to authorize outdoor or indoor filming for a period not to exceed five days, provided that the maximum number of permits that may be authorized in any calendar year for premises located in a residential zone shall not exceed two without a waiver pursuant to § 170-36.
D. 
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 Licensing Division may, at the request of the applicant, issue a new permit for filming on other dates subject to full compliance with other provisions of this article. No additional fee shall be paid for this permit.
A. 
No permits will be issued by the Licensing Division unless applied for at least five days prior to the requested shooting date; provided, however, that the Licensing Division may waive the five-day period if, in the judgment of the City Administrator, 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 City with satisfactory proof of the following:
(1) 
Proof of insurance coverage, indicating the certificate holder, City of East Orange, is added as an additional insured and/or loss payee, as follows:
(a) 
For bodily injury to any one person in the amount of $500,000 and any occurrence in the aggregate amount of $1,000,000.
(b) 
For property damage for each occurrence in the aggregate amount of $500,000.
(2) 
An agreement, in writing, whereby the applicant agrees to indemnify and hold harmless the City, its members and agents, from any and all liability, expenses, claim or damages resulting from the use of public lands.
(3) 
The posting of a cash bond of $500 or a maintenance bond of $1,000, running in favor of the City 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 ordinances, laws and regulations of the City will be followed. Within 72 hours of the completion of the filming, the City will return the bond if there has been no damage to public lands or public expense caused by the filming.
(4) 
The hiring of security personnel satisfactory to the City Administrator 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 Police Department and the Fire Department, respectively, 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 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 three days prior to the requested shooting date and be informed that objections may be filed with the Licensing Division, 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 Licensing Division within two days of the requested shooting date.
E. 
Filming in residential zones shall be permitted Monday through Friday between the hours of 8:00 a.m. and 7:00 p.m., or sunset, whichever is earlier, provided that night scenes can be approved in the permit, and hours can be extended upon application to the City Administrator.
F. 
The Licensing Division may refuse to issue a permit on the basis of objective facts and after a review of the application and a report thereon by the Police Department and Fire Department, respectively, 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 patrol officers in situations where the proposed production may impede the proper flow of traffic; the cost of said patrol officer(s) 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 Licensing Division denying or revoking a permit or a person requesting relief pursuant to § 170-36H below may appeal to the City Administrator. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Licensing Division. An appeal from the decision of the Licensing Division shall be filed within 10 days of the decision of the Licensing Division. The City Administrator or his designee shall set the matter down for a hearing within 45 days of the day on which the notice of appeal was filed. The decision of the City Administrator or his designee shall be in written form, unless the decision of the Licensing Division is upheld.
H. 
The City Administrator may authorize a waiver of any of the requirements or limitations of this article and may authorize filming other than during the hours herein described, extend the duration of a permit beyond five days, permit filming at a particular location in a residential zone on more than two occasions during any one calendar year, or waive any other limitation or requirement of this article whenever he determines that strict compliance with such limitations will pose an unreasonable burden upon the applicant and that such a permit may be issued without endangering the public's health, safety and welfare.
I. 
Copies of the approved permit will be sent to the Police Department and the Fire Department, respectively, before filming takes place and to the New Jersey Film Commission. The applicant shall permit the Police Department and the Fire Department, respectively, or other inspectors of or employed by the City to inspect the site and the equipment to be used. The applicant shall comply with all safety instructions issued by all such inspectors or employees.
J. 
In addition to any other fees or costs mentioned in this article, the applicant shall reimburse the City for any lost revenue, such as parking revenues, repairs to public lands or other revenues that the City was prevented from earning because of filming.
The schedule of fees for the issuance of permits authorized by this article is as follows.
A. 
Basic filming permit: $250 per permit application.
B. 
Daily filming fee payable in addition to the basic filming: $500 per day.
C. 
Filming permit for nonprofit applicants filming for educational purposes: $25, but no daily rate required.
Any person violating this article 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.