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Chapter 138
FILMING
[HISTORY: Adopted by the Town Board of the Town of East Hampton 9-3-1993 by L.L. No. 24-1993. Amendments noted where applicable.]
§ 138-1. Purpose.
The Town Board of the Town of East Hampton recognizes that the town's natural beauty and historical sites are attractive to individuals, organizations, corporations, groups and other entities involved in the businesses of still photography, motion pictures and television. Because such filming activities may create a threat to public safety, health or welfare due to the time, location or duration of the filming, or may unduly interfere with vehicular and/or pedestrian traffic, the town desires to regulate such activities through the issuance of permits. The purpose of this local law is to set forth the procedure governing such permit process.
§ 138-2. Permit required.
- General. A permit issued pursuant to this chapter is required prior to any person, organization, corporation, group or other entity engaging in the activity of filming or photographing a commercial, movie, documentary, television program, catalog or magazine layout, or any other presentation upon the streets, sidewalks or any other property owned by the Town of East Hampton, exclusive of the Village of East Hampton or that portion of the Incorporated Village of Sag Harbor located within the town's boundaries. The application process for obtaining a permit is set forth in § 138-3.
- Exemption. A permit pursuant to this chapter shall not be required if five or fewer individuals constitute the entire cast and crew engaged in one of the activities described in Subsection A above.
§ 138-3. Application for a permit.
- Application form. An applicant may obtain an application form from the Town Chief of Police or the Town Clerk. The information requested on the application form shall include, without limitation, the following:
(1) The name and address of the applicant.
(2) The proposed location(s) of the filming or still photography.
(3) The date(s) and time(s) the permit is intended to cover.
(4) The number in the cast and crew.
(5) The number of vehicles.
(6) The person in charge on site.
- Submission to Town Clerk. The following materials shall be submitted by the applicant to the Town Clerk at least seven days before the proposed date to start the filming or still photography:
(1) A completed application form.
(2) A one-hundred-dollar nonrefundable application fee.
(3) A certificate of insurance and indemnification agreement pursuant to § 138-11.
- Review by Chief of Police. The Town Clerk shall forward the application to the Chief of Police for approval or disapproval. Said approval or disapproval shall be based on the Chief of Police, or his designee, making a determination on whether the proposed filming or still photography will constitute a threat to public safety, health or welfare by reason of time, location or duration of the activity or will unduly interfere with vehicular and/or pedestrian traffic. Approval of the application by the Chief of Police, or his designee, may be conditioned on the payment of the traffic control fee set forth in § 138-4. The Chief of Police shall send the approved or disapproved application back to the Town Clerk.
- Review by Town Attorney. The Town Clerk shall forward the certificate of insurance and the indemnification agreement to the Town Attorney for approval. The Town Attorney shall send such approved or disapproved documents back to the Town Clerk.
- Permit fee. The Town Clerk shall calculate the permit fee required to be paid by an approved applicant as follows:
(1) Film fee. One hundred dollars per day shall be paid for each day covered by the permit.
(2) Cleanup deposit. A separate certified check in the amount of $250 for each day covered by the permit shall be paid pursuant to § 138-5.
(3) Traffic control fee. One thousand dollars shall be paid for each day covered by the permit if the Chief of Police, or his designee, requires payment of the traffic control fee pursuant to § 138-4.
(4) Beach parking fee. If the permit includes one or more town beaches as location sites, a ten-dollar-per-vehicle fee for each day covered by the permit shall be paid if the permit covers any day falling between May 1 through September 30.
- Issuance of permit. The Town Clerk shall countersign an approved application. The Town Clerk shall collect the permit fee calculated pursuant to Subsection E from the applicant. Payment of the permit fee shall be in the form specified in § 138-6. Upon payment of the permit fee, the Town Clerk shall issue the permit to the applicant. The permit shall set forth the name of the applicant and the location(s), date(s) and time(s) of the filming or still photography.
§ 138-4. Traffic control fee.
- In the event that the Chief of Police or his designee determines that police officers or traffic control officers will be necessary for the protection of the citizens or for the control of traffic during the filming or still photography, the applicant shall submit to the Town Clerk a fee of $1,000 for each day covered by the permit pursuant to Subsection F of § 138-3.
- If the Chief of Police determines that the one-thousand-dollar-per-day traffic control fee will be fully expended prior to the termination of the permit period, the Chief of Police shall notify the Town Clerk. The Town Clerk shall contact the applicant in writing and require payment of an additional sum of money, said specific amount to be determined by the Chief of Police based on the salaries and the number of hours to be worked by the town police and traffic control personnel. Said additional traffic control fee shall be paid within seven days of said notice. The applicant's failure to pay such additional fee within said seven-day period shall result in the Town Clerk's providing the applicant with written notice that the permit has been suspended and the date of such suspension. The applicant's receipt of the Town Clerk's suspension notice shall not be construed as altering the date of suspension set forth in said written notice, the effective date of the suspension being the day immediately following the completion of the seven-day notice period.
- The procedure set forth in Subsection B may be repeated as necessary to ensure that the applicant pays for all costs incurred by the town in providing traffic control services.
- After termination of the filming, the Chief of Police shall provide the applicant with a statement regarding the actual cost to the town of providing said police officers or traffic control officers. If the actual cost is less than the moneys that the town has collected pursuant to Subsection A, B or C, the town shall remit the balance to the applicant. If the actual cost is more than the moneys that the town has collected pursuant to Subsections A, B or C, the applicant shall be responsible for providing the balance to the town within 30 days of the termination of the filming or still photography.
- The Chief of Police shall forward a copy of the statement of actual cost to the Town Clerk who will file said statement with the original application form.
§ 138-5. Cleanup deposit.
- Each applicant whose application has been approved shall give the Town Clerk a certified check in the amount of $250 for each day covered by the permit, which check shall be held and not deposited by the town during the duration of the permit period.
- At the termination of the permit period, the Town Superintendent of Parks and Recreation or the Town Superintendent of Highways, as appropriate, shall inspect the locations listed on the permit and determine if the locations require cleanup efforts by town personnel.
- If cleanup is required, the Town Superintendent of Parks and Recreation or the Town Superintendent of Highways, as appropriate, will coordinate that effort. Said Superintendent will provide the Town Clerk with a statement setting forth the actual cost to the town of providing said cleanup services. If the actual cost is less than the deposit collected pursuant to Subsection A, the town shall remit the balance to the applicant. If the actual cost is more than the deposit collected pursuant to Subsection A, the applicant shall be responsible for providing the balance to the town within 30 days of the termination of the filming or still photography.
- If no cleanup is required, the Town Superintendent shall notify the Town Clerk of that fact, and the Town Clerk shall promptly remit the certified check to the applicant.
§ 138-6. Payment of fees.
Any fee collected under this chapter shall be paid either in cash or by certified check make payable to the Town of East Hampton and shall be delivered to the Town Clerk.
§ 138-7. No donations accepted.
Other than the required fees, the town shall not accept any donations from the applicant in connection with the granting of the permit. In addition, no town official or employee shall make a recommendation to the applicant regarding a donation to a third party.
§ 138-8. Notice.
The Town Clerk shall give notice to the Chief of Police, the Chief Building Inspector, the Code Enforcement Officer and the Fire Marshal, the Superintendent of Highways and the Superintendent of Parks and Recreation of each permit issued pursuant to this chapter.
§ 138-9. No alterations to town property.
A permit holder shall be responsible for any damage to town property or facilities that may result from the permit holder's activities. No alterations are to be made at filming or photography sites, including, without limitation, cutting trees, digging holes and trimming bushes, without the express authorization of the Town Board.
§ 138-10. Compliance with other laws.
Issuance of a permit pursuant to this chapter does not relieve the permit holder of its duty to comply with all other town local laws, ordinances and regulations during the duration of the filming or photography.
§ 138-11. Insurance requirements.
Every application for a permit pursuant to this chapter shall include a certificate of insurance that evidences a public liability insurance policy covering the town as an additional insured in the minimum amount of the $1,000,000 per occurrence for the duration of the filming or still photography. The applicant shall also submit an indemnification agreement that states that the applicant agrees to assume all liability for and will indemnify and hold the town harmless of and free from any and all damages that occur to persons or property by reason of said filming or still photography.
§ 138-12. Permit available at film site.
The permit holder shall be required to have the permit available for inspection by the Town Police Department, or its designees, at the site of the filming or still photography for the duration of the permit period.
§ 138-13. Extension of permit period.
An applicant which has been granted a permit may submit to the Town Clerk a request to extend the duration of the permit. The Chief of Police, or his designee, will make the decision whether or not to grant such request. If permission is granted, the Town Clerk shall collect from the applicant an additional $100 for each additional day added to the permit period. The Town Clerk shall then modify the applicant's permit to indicate the granted extension period.
§ 138-14. Penalties for offenses.
- Any action by any person, organization, corporation, group or other entity which violates or does not comply with any provision of this chapter shall be punishable by a fine of not less than $100 and not more than $1,000, and, in addition, anyone convicted hereunder of not complying with the requirements of § 138-4 and/or § 138-5 may be subject to a fine of not less than the amount of the actual costs incurred and owed to the town, and not more than an amount equal to twice said actual costs.
- Each continuing day of violation of this chapter shall constitute a separate offense.
- In addition to the above provided penalties, the town may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of, this chapter.
§ 138-15. Severability.
The provisions of this local law are severable. If any provision of this local law or its application to any person or circumstance is held invalid, said invalidity shall not affect any other provision or application of this local law which can be given effect without the invalid provision or application of the local law.
§ 138-16. When effective.
This local law shall take effect immediately upon filing with the Secretary of State as provided by law.
Chapter 99
FILMING AND VIDEOTAPING
[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 1-8-1997 by L.L. No. 1-1997. Amendments noted where applicable.]
§ 99-1. Intent.
It is the intent of the town to facilitate, but not solicit, producers and others within the mass communications industries, including filming, television, advertising and commercial photography, to make use of the town and its environs as a setting for motion-picture films, television shows, commercials and photographs, but only insofar as such use is at all times compatible, and does not unduly interfere, with the lifestyles and day-to-day activities of the town's citizens and merchants.
§ 99-2. Definitions.
For the purpose of this chapter, the following terms, phrases and words and their derivations shall have the following meanings given herein:
FILMING -- The recording on film, videotape or other medium of movies, commercials, documentaries, serials, shows, performances, or other similar events or activities, including still photography, but not to include the coverage of news, political, cultural, local sports or school events.
LICENSEE -- Any person, firm, organization or business entity which has been licensed under the provision of this chapter.
PUBLIC PROPERTY -- Any realty or personal property or interest therein owned by the Town of Mamaroneck, including all streets, parks and public places, lands, lands underwater, waterfront property, and every estate, interest and right, legal or equitable, therein.
§ 99-3. License required.
No person, firm, corporation, organization or business entity shall commence filming in the Town of Mamaroneck on public or private property, unless the filming to be conducted, maintained or operated is licensed in the manner prescribed herein.
§ 99-4. Application for license; issuance, expiration.
The license prescribed by this chapter shall be issued by the Town Administrator or his designated agent. Application shall be made on a form containing such information as may be determined by the Town Board, and shall be accompanied by the production schedule, schedule and description of all dangerous activities and use of explosives, and list of all vehicles and their license plate numbers, to include both the applicant's vehicles and vehicles of the applicant's personnel. Each license shall expire on the date set forth on the license. Applications shall be filed in the office of the Town Clerk.
§ 99-5. Approval by Town Administrator.
No license shall be issued until the application has been approved by the Town Administrator or his designated agent, subject to the following:
- In the approval of the application, the Town Administrator or his designated agent shall specifically fix the filming location or locations.
- In the approval of the application, the Town Administrator or his designated agent shall specifically fix the days and hours of filming.
- The Town Administrator or his designated agent may deny any application or limit any license which, in his judgment, would conflict with other scheduled events in the area of the filming location, would be detrimental to the community because of anticipated excessive noise, illumination, traffic disruption or other effect caused by the proposed filming, including but not limited to the use of explosives, or would unduly interfere for an extended period of time with the day-to-day activities of citizens, property owners or merchants or would interfere with the public health, safety and welfare of the town's citizens.
- Any change in the license holder's planned activities shall be submitted to the Town Administrator or his designated agent in advance of the change and approved or denied in the same manner as the original license application.
§ 99-6. License fee.
The fee to be paid shall be determined by the Town Administrator for each license, including a license for a portion of a day, as follows:
- License fee for use of public property. The minimum fee shall be $500 per day, and the maximum fee shall not exceed $5,000 per day. The Town Administrator, in determining the specific fee to be required, shall take into consideration the following factors which would denote a greater use of public property and therefore require higher fees:
(1) Use of public parking spaces.
(2) Use of vehicle travelways requiring the rerouting or directing of vehicular traffic.
(3) Use of pedestrian travelways requiring the rerouting or directing of pedestrian traffic.
(4) Use of public buildings.
(5) Use of other public areas during normal operating hours.
(6) The size of the filming location.
(7) The number of filming locations.
(8) The number of hours the filming location or locations will be used.
(9) Use or involvement of town personnel.
(10) Use or involvement of town equipment.
(11) Use of explosives.
(12) Dangerous activities.
- License fee for use of private property. The fee for filming on private property shall be $150 per day.
- The Town of Mamaroneck and the Mamaroneck School District and not-for-profit community agencies operating within the town shall be exempt from such license fee.
- In the event that a license issued pursuant to this chapter is suspended or revoked in accordance with the provisions of § 99-7 of this chapter, the applicant shall not be entitled to a refund of any portion of the fee.
§ 99-7. Suspension or revocation of license.
- The Town Administrator, on his own initiative or upon notice from any public official of the town, is empowered to suspend or revoke, upon written notice, a license issued pursuant to this chapter for any of the following reasons:
(1) Violation by the licensee agents, employees, contractors or subcontractors of any law or ordinance or any rule or regulation of any agency of the state, county or town.
(2) Licensee has permitted disorderly conduct or conduct detrimental to health and safety of others or permitted or allowed conduct constituting a breach of the public peace at the licensed location.
(3) Abrogation of any agreement, written or oral, between the licensee and the Town Administrator or any other public official of the town.
- Revocation of license pursuant to the above conditions shall bar such offender from applying for a new license within one year from the date of revocation.
§ 99-8. Restrictions and requirements.
- The licensee must give notice to residents of the proposed filming location in manner specified by the Town Administrator or his designated agent.
- Noise shall be limited in accordance with the provisions of the Town Code.
- Routing of traffic shall be subject to the same provisions as excavations in the Town Code.
- The filming shall be conducted so as not to interfere with access to fire lanes and fire hydrants. Equipment, materials or obstructions shall not be placed within 15 feet of fire hydrants. Passageways leading to fire escapes, fire lanes and fire-fighting equipment shall be kept free of equipment, materials or obstructions. Parking spaces for the handicapped shall be kept free of equipment, materials or obstructions.
- A filming permit granted for private property shall confine such filming to that property.
- Applications for a filming permit must be submitted five days prior to the first date of filming.
- Any additional costs that are incurred by the town by reason of the filming shall be borne by the licensee. Any requirement for the assignment of town personnel shall be determined by the Town Administrator prior to the filming.
§ 99-9. Insurance and bond.
The license shall not be issued until the applicant shall furnish a policy of insurance in such amount as shall be fixed by the Town Administrator or his designated agent and, in any event, in an amount not less than $1,000,000 indemnifying and saving harmless the Town of Mamaroneck, its officers, agents and employees from and against any claim, loss or damage resulting from the filming operations permitted under this license in the Town of Mamaroneck and for the payment of all damages for bodily injury or property damage which may be caused to any person by reason of the filming operations performed under the license and arising from any acts or omissions of the licensee, his agents, employees, contractors or subcontractors. In addition, the applicant must produce certificates of insurance showing adequate liability insurance in the applicant's name. Such certificates shall also be approved by the Town Attorney. Further, the Town Administrator or his designated agent may require the posting of a bond in an appropriate case to insure restoration of the filming location.
§ 99-10. Appeals.
Any person aggrieved by the action of the Town Administrator or his designated agent in connection with the denial of an application for a filming license may take an appeal therefrom to the Committee for review, consisting of the Town Supervisor and one Town Board member. The Committee shall review such appeal and may reverse, modify or affirm the action of the Town Administrator or his designated agent upon a finding that the action of the Town Administrator or his designated agent was arbitrary, capricious or not supported by substantial evidence.
§ 99-11. Penalties for offenses; additional remedies.
Any person, firm or corporation who shall violate or fail, neglect or refuse to comply with any provision of this chapter or any rule or determination made thereunder, or who shall undertake filming in the Town of Mamaroneck without a license issued hereunder, shall, upon conviction thereof, be punished by a fine of not more than $250, or by imprisonment for not more than 15 days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. Said prosecution and/or conviction shall not be a bar to a civil action to recover a civil penalty in like amount, nor shall either be a bar to a civil action by the town or an injured person for actual damages.
§ 99-12. Enforcement.
This chapter shall be enforced by the Police Department.
§ 99-13. Gender.
Whenever words of the masculine or feminine gender appear, they shall be deemed both male and female persons. This construction shall apply to gender-indicative suffixes or prefixes as well as to gender-indicative words. Whenever the reference is to a corporation, board, body, group, organization or other entity comprised of more than one person or to an assemblage of persons or to an inanimate object, the reference shall be construed to be neutral in gender.
Chapter 74
FILMING AND VIDEOTAPING
[HISTORY: Adopted by the Board of Trustees of the Township of South Orange Village 2-25-1992 by Ord. No. 92-4. Amendments noted where applicable.]
§ 74-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
FILMING -- The taking of still or motion pictures, either on film, videotape or similar recording medium, for commercial or educational purposes intended for viewing on television or in theaters or for institutional use. Filming includes all rehearsals, preparations and 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 12-16-1996 by Ord. No. 96-45]
PUBLIC LANDS -- Any and every public street, highway, sidewalk or square, public park or playground or other public place within the village which is within the jurisdiction and control of the village.
§ 74-2. Permits.
- No person shall film or permit filming within the village without obtaining a permit therefor, which permit set forth the location of such filming and the date or dates when filming shall take place. No permits shall be issued unless applied for prior to five days before the requested shooting date. However, the Administrator may waive the five-day period if in his/her judgment the applicant has obtained all related approvals and adjacent property owners or tenants do not need to be notified. [Amended 2-28-2000 by Ord. No. 98-29]
- Permits shall be obtained in the office of the Village Clerk during normal business hours. Applications for such permits shall be in a form approved by the Village Clerk and shall be accompanied by a permit fee in the amount established by the village. Incidental use of a public sidewalk or street which does not result in a closing of the street or sidewalk to public use shall not be considered filming on public land.
- One permit shall be required for each location.
- One permit shall be sufficient to authorize outdoor filming on one day and indoor filming on one day, provided that such date on which filming is to take place shall be specified in the permit, and further provided that the maximum number of days on which filming may be authorized in any calendar year for premises located in a residential zone shall not exceed 10 without a waiver pursuant to § 74-4I of this chapter.
- 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 Village 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.
- No permit shall be issued for filming within the village on or in any private property unless written consent of the property owner and/or tenant accompanies the application. Any businesses, merchants or residents on the block in which filming will occur shall be given written notice of the filming within three days prior to the requested shooting date. Said notice shall inform the businesses, merchants or residents that the application is on file with the Clerk's Office, and the businesses, merchants or residents shall be informed that objections may be filed with the Village Clerk. The objections will become part of the applicant's application and will be considered by village officials in reviewing the same. Proof of service of the notification of adjacent property owners shall be submitted to the Village Clerk at least two days prior to the requested shooting date. [Amended 2-28-2000 by Ord. No. 98-29]
§ 74-3. Applications for permit.
Applications shall be obtained from and submitted to the Village Clerk in person or by mail and must contain at least the following information:
- The name, address and telephone number of the applicant.
- The location of the property where filming, etc., is to take place.
- Whether the applicant is the owner or tenant in possession of the property.
- The name and address of the owner of the property if the applicant is not the owner.
- The consent of the owner if other than the applicant.
- The name, address and telephone number of the person or entity the applicant wishes to allow to film, etc.
- The date filming is to take place and the hours of filming.
- The dates within the previous 12 months that any filming, as described in § 74-2 above, was conducted at this location.
- Approval from the Police Director, with any conditions he may set forth if the filming is to take place on public lands.
- Any other approval the Village Clerk deems necessary, with any conditions which may be set forth.
- A signed statement that the applicant affirms, under penalty of perjury, that all statements contained in the application are true.
§ 74-4. Rules and regulations.
- No permit shall be issued for filming at a particular location in a residential zone within the village which would permit filming at said location on more than 10 days during any one calendar year unless a waiver pursuant to § 74-4I of this chapter is granted.
- No permit shall be issued for filming upon public lands within the village unless the applicant for such permit:
(1) Provides proof of insurance coverage as follows: for bodily injury for any person in the amount of $500,000 and for any aggregate occurrence in the amount of $1,000,000.
(2) Agrees, in writing, to indemnify and save harmless the village from any and all liability or damages resulting from the use of such public lands.
(3) Agrees, in writing, to reimburse the village for any lost revenues, such as parking meter revenue, repairs to public property and other revenue that the village was prevented from earning because of the filming. [Added 2-28-2000 by Ord. No. 98-29]
(4) Posts a cash bond of $500 or a maintenance bond of $1,000 in favor of the village for protecting and ensuring that the site of the is filming is left in a satisfactory condition (free of debris, rubbish and equipment), and that all village laws and regulations are followed. Within seven days of the completion of the filming, the village return the the bond if there is no damage to public or private property or public expense caused by the filming. [Added 2-28-2000 by Ord. No. 98-29]
- The holder of a 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 Village Police Director with respect thereto.
- 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 shall limit, to the extent possible, any interference with normal public activity on such public lands.
- The holder of a permit shall take all reasonable steps to minimize the creation and spread of debris and rubbish during filming and shall be responsible for removing all equipment, debris and other rubbish from the filming location upon the completion of filming or the expiration of the permit, whichever comes first.
- Filming shall be permitted only Monday through Friday, between the hours of 8:00 a.m. and 7:00 p.m. or sundown, whichever is earlier, in residential zones.
- The Village Clerk 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 Village Police Director and by other village agencies involved with the proposed filming site, that filming at the location and/or time set forth in the application would violate any law or ordinance or would unreasonably interfere with the public's use of public lands, 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.
- Any person aggrieved by a decision of the Village Clerk denying or revoking a permit or a person requesting relief pursuant to Subsection I may appeal to the Village Administrator. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Village Administrator. An appeal from the decision of the Village Clerk shall be filed within 10 days of the Village Clerk's decision. The Village Administrator 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 Village Administrator shall be in the form of a written decision.
- The Village Administrator may authorize a waiver of any of the requirements or limitations of this chapter and may authorize filming other than during the hours herein described or may extend the duration of a permit beyond 10 days or may permit filming at a particular location on more than 10 days during any one calendar year or may waive any other limitation or requirement of this chapter 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.
- The applicant shall notify the Fire Chief 24 hours before filming takes place and shall permit the Fire Chief or his designee to inspect the site and the equipment to be used. The applicant shall comply with all fire safety instructions issued by the Fire Chief or his designee.
- The holder of a permit issued for filming on public lands shall hire, at said person's sole cost and expense, a village police officer who will be present at all times at the site during the filming.
- Automobiles, trucks and all other vehicles owned, leased or used by the holder of a permit for either residential or public land filming shall not be parked on more than one side of the street.
§ 74-5. Fees. [Added 2-28-2000 by Ord. No. 98-29]
Fees shall be as follows:
- A permit fee of $100 for a normal application.
- A permit fee of $150 for an expedited application (less than five days prior to the shooting date).
- A permit fee of $750 for filming on public land.
- A permit fee of $25 for nonprofit applicants for filming for educational purposes (including public lands).
- A daily filming fee of $500 for each day of filming pursuant to any issued permit (which fee shall be waived for nonprofit applicants filming for educational purposes).
§ 74-6. Exemptions.
The provisions of this chapter shall not apply to the filming of news stories with the Township of South Orange Village.
Chapter 140
FILMING
[HISTORY: Adopted by the Council of the Township of Montclair 11-12-1985 by Ord. No. 85-42; amended in its entirety 4-10-2001 by Ord. No. 01-13. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Parades and processions -- See Ch. 222.
Encumbrances in streets -- See Ch. 297, Art. IV.
§ 140-1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
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 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 Township of Montclair.
MAJOR MOTION PICTURE -- Any film which is financed and/or distributed by a major motion picture studio, including but not limited to the following:
A. Universal Pictures.
B. Warner Brothers, including New Line Cinema, Castle Rock Cinema, Village Road Show and Bel-Aire.
C. Paramount, including MTV Films and Nickelodeon Movie.
D. 20th Century Fox, including Fox Searchlight.
E. Sony/Columbia.
F. Disney/Miramax.
G. MGM - United Artists.
H. Dreamworks.
I. Any film for which the budget is at least $5,000,000.
J. Recurrent weekly television series programming.
PUBLIC LANDS -- Any and every public street, highway, sidewalk, square, public park or playground or any other public place within the township which is within the jurisdiction and control of the Township of Montclair.
§ 140-2. Permit required.
- No person or organization shall film or permit filming on public or private land within the Township of Montclair without first having obtained a permit from the office of the Municipal 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 township exceed a total of six days in any one calendar year, regardless of the number of permits utilized in reaching this six-day maximum. Either or both of the three-consecutive-day and the six-day limitations may be extended only if the filming requested constitutes a major motion picture as defined by § 140-11 of this chapter. Said permit must be readily available for inspection by township officials at all times at the site of the filming.
- All permits shall be applied for and obtained from the office of the Municipal Clerk during normal business hours. Applications for such permits shall be in a form approved by the Municipal Clerk and be accompanied by a permit fee in the amount established by this chapter in § 140-12 herein.
- 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 Municipal 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.
§ 140-3. Issuance of permits.
- No permits will be issued by the Municipal Clerk unless applied for prior to five days before the requested shooting date; provided, however, that the Township Manager 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.
- No permit shall be issued for filming upon public lands unless the applicant shall provide the township with satisfactory proof of the following:
(1) Proof of insurance coverage 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 $300,000.
(2) An agreement, in writing, whereby the applicant agrees to indemnify and save harmless the Township of Montclair 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 of $500 running in favor of the township 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 township ordinances, laws and regulations will be followed. Within seven days of the completion of the filming, the township 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 Montclair police officer for the times indicated on the permit.
- 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 Montclair Police Department with respect thereto.
§ 140-4. Interference with public activity; notice of filming.
- 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 Municipal 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 Municipal Clerk within two days of the requested shooting date.
§ 140-5. Filming in residential zones.
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 § 140-8 hereof. The setup, production and breakdown required by all filming shall be included in the hours as set forth herein.
§ 140-6. Refusal to issue permit; employment of patrolmen and electrician.
- The Township Manager 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 township 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 township 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.
§ 140-7. Appeals.
- Any person aggrieved by a decision of the Township Manager denying or revoking a permit or a person requesting relief pursuant to § 140-8 may appeal to the Township Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Manager.
- An appeal from the decision of the Manager shall be filed within 10 days of the Manager's decision. The Township 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 Township Council shall be in the form of a resolution supporting the decision of the Township Manager at the first regularly scheduled public meeting of the Township Council after the hearing on the appeal, unless the appellant agrees in writing to a later date for the decision. If such a resolution is not adopted within the time required, the decision of the Manager shall be deemed to be reversed, and a permit shall be issued in conformity with the application or the relief pursuant to § 140-8 shall be deemed denied.
§ 140-8. Waiver of requirements of chapter by Manager.
The Township Manager may authorize filming other than during the hours herein described. In determining whether to allow an extension of hours under this section, the Manager shall consider the following factors:
- Traffic congestion at the location caused by vehicles to be parked on the public street.
- Applicant's ability to remove film-related vehicles off the public streets.
- When the applicant is requesting restrictions on the use of public streets or public parking during the course of the filming.
- Nature of the film shoot itself; e.g. indoor or outdoors; day or night; on public or private lands.
- Prior experience of the film company/applicant with the township, if any.
- Consultation with the Council-Ward representative wherein the filming is to take place.
§ 140-9. Copies of permit; inspections.
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 township inspectors to inspect the site and the equipment to be used. The applicant shall comply with all safety instruction issued by the Fire Prevention Bureau or other township inspectors.
§ 140-10. Reimbursement of certain costs.
In addition to any other fees or costs mentioned in this chapter, the applicant shall reimburse the township for any lost revenue, such as parking meter revenue, repairs to public property or other revenues that the township was prevented from earning because of filming.
§ 140-11. Special regulations for major motion pictures.
- 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 may exceed three consecutive days and/or may exceed six days in duration if approved by the Township Manager in his or her discretion following a favorable review of the factors set forth in § 140-8 herein.
- Any days necessary to be used for setup and preparation for a major motion picture filming may, in the discretion of the Manager, be counted as a filming day where such setup is anticipated to involve one or more of the factors set forth in § 140-8 hereof.
§ 140-12. Fees.
The schedule of fees for the issuance of permits authorized by this chapter are as follows:
- Basic filming permit: $75. Where an applicant requests a waiver of the provision of § 140-3A requiring expedited processing of the permit application, the basic filming permit fee shall be $125.
- Daily filming fee payable in addition to the basic filming permit: $500 per day.
- Daily filming fee payable for major motion picture: $1,500 per day.
- Filming permit for nonprofit applicants filming for educational purposes (no daily rate required): $25.
§ 140-13. Violations and penalties.
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.
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