Borough of Hillsdale

Ordinance No. 07-24

Title: An Ordinance Regulating Movie Filming Within the Borough of Hillsdale

WHEREAS, the Borough of Hillsdale has been the site of occasional television and movie filming which have created problems requiring regulation necessary to preserve the public health, safety and welfare,

NOW, THEREFORE, BE IT ORDAINED, by the Governing Body of the Borough of Hillsdale as follows:

SECTION 1. The Code of the Borough of Hillsdale is hereby amended and supplemented by the addition thereto of a Chapter entitled "Commercial and Movie Filming" to read in full as follows:

"Commercial and Movie Filming.

· Definitions.

"Filming" shall mean the taking of still or motion pictures, either on film, video tape, or similar recording medium intended for commercial use for viewing on television, in the theaters or for advertising purposes.

"News Stories" shall mean the reporting or summarizing of information concerning something that has either recently taken place or of current events of general interest and includes such features commonly known as newscasts, news bulletins and news anthology programs.

“Not for Profit” shall me charitable, religious and other organizations qualifying pursuant to Sec 501(c) 3 of the Internal Revenue Code or it’s successor.

· Permit Required; Issuance.

(a) No person shall film or permit filming within the Borough of Hillsdale without first obtaining a permit, which permit shall sat forth the location of such filming and the date or dates when filming shall take place.

(b) Permits shall be obtained in the office of the Borough Clerk and the application permit shell be in a form approved by the Borough Clerk and shall be accompanied by a fee as set forth herein, or as may hereafter be established by Ordinance. Permits shall be issued in accordance with the procedures governing the issuance of licenses end permits, generally appearing as Article 7 in Chapter 3 hereof.

(c) A permit shall be sufficient to authorize outdoor or indoor filming and outdoor filming within a defined period of time.. If the filming does not take place on the dates specified in the permit due to inclement weather or other good cause, the Borough Clerk may issue a new permit at no additional fee.

(d) The Borough reserves the right to limit the number of permits for any Location within any calendar year unless a waiver is obtained.

Conditions for Issuance of a Permit.

No permit shall be issued for filming with the Borough of Hillsdale unless the applicant

for such permit:

(a) Provides liability insurance coverage for bodily injury of not less than $1,000,000 per person and $2,000,000 aggregate coverage, property damage of not less than $500,000 per incident and $1,000,000 aggregate.

(b) Specifies in writing that the Borough of Hillsdale will be indemnified and saved harmless from any and all liability or damages.

(d) Agrees to comply with all lawful directives issued by the Hillsdale Police Department, Fire Department and other departments where deemed necessary and to reimburse the Borough of Hillsdale for any police, fire or other Borough personnel.

(e) Delivers to the Borough an escrow deposit in an amount equal to (One hundred twenty-five (125%) of the amount of estimated expenses for personal and equipment established by the Head of the Police DPW and Fire Code departments fee. Such escrow shall be held by the Borough escrow account pending completion of the filming or the expiration of the permit. The escrow may be used by the Borough to reimburse the Borough for any costs required to be paid by the applicant hereunder or for additional expense incurred by the Borough in conjunction with the filming.

(f) Provide notice to property owners of properties located, and residents residing, within 750 feet of the property lines of the premises for which the permit is requested as measured along public streets. Such notice shall be in writing and shall advise the property owner or resident of the date or dates upon which filming is to take piece and the location of the premises where the filming is to take place. Such notice shell either be personally served or served by Certified Mail/ Return Receipt Requested upon the property owners or residents entitled to receive notice at least 7 days prior to the commencement of filming. Service by Certified Mail shall be complete upon the receipt of such mail by the residents and property owners. In the event Upon the written request of the applicant, the Borough shall, within 72 hours, make and certify a list from the current tax duplicates of the addresses of property located within the Borough of Hillsdale within 400 feet of the property tines of the premises for which the permit is requested, together with the names and addresses of the record owners thereof. Notice to owners and residents of properties in adjoining municipalities shall be given by personal service or by Certified Mail to the clerk of such adjoining municipality. Failure to give notice to a resident or property owner of premises not shown on the list shall not invalidate the permit. Prior to commencing filming, the applicant shall file an affidavit of proof of service with the Borough Clerk.

Regulations.

(a) In residential zones, all activity including filming shall be permitted only Monday through Friday between the hours of 7:00 a.m. and 8:00 p.m. or sundown, whichever is earlier. Filming shall not take place on those days on which municipal activities and sporting events are not permitted.

(b) 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. The holder shall avoid any interference with previously scheduled activities upon public tends and limit, to the extent possible, any interference with normal public activity on such public lands.

(c) The holder of a permit shall take all reasonable steps to minimize the creation and spread of debris and rubbish during filming end shall be responsible for removing all equipment, debris and other rubbish from the filming location daily and upon completion of filming or the expiration of the permit, whichever comes first. Should the holder of the permit fail to remove alt equipment, debris and other rubbish within the time period specified, the Borough may remove same at the expense of the applicant and the applicant shall reimburse the Borough for the cost thereof.

(d) The applicant shall notify the Borough Clerk at least 72 hours before filming in order to give the Borough Clerk sufficient opportunity to notify the affected departments so that they may have authorized representative inspect the site and take such other measures as may be necessary to protect the public health, safety or welfare.

(e) The holder of the permit shall comply with all lawful directives issued by the Hillsdale Public Safety Department and comply with all other applicable laws. When, in the judgment of the Director of Public Safety, or his designee, the presence of police, fire or code enforcement personnel are required in connection with the filming, the applicant shall reimburse the Borough for the cost of such personnel.

(f) The holder of the permit shell not conduct filming in such a manner as to preclude access to adjoining properties from the public street or to encroach upon adjoining property without the express written consent from the owner and occupant thereof.

(g) Vehicles used in connection with the filming, including vehicles of personnel associated with such filming, shall be parked off the public right of way to the maximum extent permitted. Vehicles should not be parked so as to encroach on private property without the express written consent from the owner-occupant thereof. Vehicles parked in the public right of way shall comply with all applicable parking and traffic regulations. Vehicles parked or Located in violation hereof may be towed by the Borough of Hillsdale and the cost thereof shall be reimbursed to the Borough by the applicant.

(h) The holder of the permit shall not suffer or permit any lights used in connection with the filming to shine directly into any windows upon any other property nor suffer or permit any noise, In excess of the limitation specified in the Borough's noise ordinances, to extend across property lines. In the event of a violation hereof, the Borough may abate such violation and charge the cost thereof to the applicant who shall reimburse the Borough for such cost.

· Denials and Revocation of Permits.

In accordance with the procedures governing the denial and revocation of permits appearing in hereof, the Borough Clerk may refuse to issue a permit or revoke 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 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 or tends, unreasonably interfere with the use end enjoyment of adjoining properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise endanger the public's health, safety or welfare.

· Appeals.

Any person aggrieved by a decision of the Borough Clerk granting, denying or revoking a

permit may appeal to the Borough Council with ten (10) ten days of the denial.

Waivers

The Borough Administrator manager may authorize a waiver of any of the requirements or limitations of this ordinance is he determines that strict compliance with such limitations will impose an unreasonable burden upon the applicant and that such a permit may be Issued without endangering the public's health, safety and welfare; providing, however, the Borough Administrator shall report any such waiver to the Borough Council at their next meeting giving the reasons for the waiver.

Fees.

The fee schedule for permits authorized under this ordinance shall be as follows;

Filming on private property

Additional fee for filming public land, streets, right-of-way, or public buildings

Exemptions.

The provisions of this ordinance relating to the requirement for and the issuance of permits shall not apply to the filming of news stories and not for profit organizations, provided, however, that such filming shall comply with the following restrictions:

(a) In residential zones, such filming shall, to the extent possible, occur only Monday through Friday between the hours of 8:00 a.m. and 7:00 p.m. or sundown, whichever is earlier.

(b) Such filming shall be conducted in such a manner as to minimize the inconvenience or discomfort to adjoining property owners or the interference with previously scheduled activities or normal public activities upon public lands.

(c) Such filming shall be conducted so as to minimize the creation and spread of debris and rubbish during filming and, upon the completion of the filming; those conducting the filming shall remove all equipment, debris and other rubbish from the filming location.

(d) To the extent practical, advance notification shall be furnished to the Borough Clerk of such filming.

(e) Such filming shall comply with all lawful directives issued by the Hillsdale Police, Fire and Code Enforcement officers and officials.

(f) Such filming shall be conducted in such a manner as not to preclude access to adjoining properties from the public street or to encroach upon adjoining property without the express written permission from the owner and occupant thereof.

(g) Vehicles used in connection with the filming, including vehicles of personnel associated with such filming, shall be parked off the public right of way to the maximum extent permitted. Vehicles should not be perked to as to encroach upon private property without the express written consent from the owner or occupant thereof. Vehicles parked in the public right of way shall comply with all applicable parking and traffic regulations. Vehicles parked or located in violation hereof may be towed by the Borough of Hillsdale end the cost thereof shall be reimbursed to the Borough by the owner thereof.

(h) Lights used in connection with the filming shall not shine directly into any window upon other property nor shall any noise from the filming extend across property lines in excess of the limitation specified in the Borough's noise ordinance.

Penalty.

Any person violating any part of this ordinance shall be subject to a fine not to exceed $2500 or imprisonment for a term not to exceed ninety (90) days, or both."

SECTION 2. All ordinances or parts thereof inconsistent herewith are hereby repealed to the extent of such inconsistency.

SECTION 3. If any sentence, section, clause or other portion of this ordinance or the application thereof to any person or circumstance shall for any reason by adjudged by a court of competent jurisdiction to be invalid, such Judgment shall not affect, impair or repeal the remainder of this ordinance.

SECTION 4. This ordinance shall take effect immediately upon passage and publication.