ORDINANCE NO. 2530
AN ORDINANCE AMENDING CHAPTER IV, SECTION 4-5 OF THE CODE
OF THE BOROUGH OF ROSELLE PARK, ENTITLED “LICENSING AND BUSINESS
REGULATIONS; FILMING”
BE IT ORDAINED by the Mayor and Council of the Borough of Roselle Park, County of Union
and State of New Jersey that Chapter IV, Section 4-5 of the Code of the Borough of Roselle Park be and
hereby is amended as follows:

SECTION 1.
4-5.1 Definitions.
As used in this chapter:
“Equipment” is defined as anything more than a hand-held camera, camera on a tripod, or
other handheld items. These items include bounce-boards, boom mics, and other staging
items.
“Filming” shall mean 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, video receivers, on computer/internet, or for institutional uses. The provisions of this
section shall not be deemed to include the filming of news stories within the Borough of Roselle
Park and shall not include filming by local Roselle Park community access television., presently
Channel 34.
“Major Motion Picture” shall mean any film for which a budget is at least five million
($5,000,000.00) dollars. 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” shall mean 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 Roselle Park.
“Student Films” shall mean any Motion picture, television or still photography produced to
satisfy a course or curriculum requirement at an accredited educational institution. The
student filmmaker must supply proof that he/she is currently enrolled in any such
educational institution.
SECTION 2.
4-5.2 Permit Required.
a. No person or organization shall film or permit filming on public property within the Borough
without first having obtained a permit from the office of the Chief of PoliceBorough 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 more than three (3) consecutive days in any
one (1) location, and in no event shall filming at one (1) location within the Borough exceed a total of six
(6) days in any one (1) calendar year, regardless of the number of permits utilized in reaching this six (6)
day maximum. This six (6) day limitation may be extended under the conditions set forth in subsection 45.3k. for a major motion picture. The 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 Chief of PoliceBorough
Clerk during normal business hours. Applications for such permits shall be in a form approved by the
Borough and shall be accompanied by a permit fee in the amount established by this section.
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 Chief of PoliceBorough 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 section. No additional fee shall be paid for this permit.

 d. Prior to application submission, Tthe applicant is to give notice to secure the written
permission of any owner of private property impacted by the motion picture filming.
4-5.3

Filming Where No Permit is Required.

a.

Productions using hand-held camera, camera on tripod, hand-held props and/or handheld equipment, not asserting exclusive use of Borough property, not using prop
weapons, prop vehicles, stunts, actors in police uniform and not requesting parking
privileges for production vehicles do not need a permit as outlined in Subsection 4-5.4.

b.

Standing on a Borough sidewalk, walkway of a Borough bridge or within a Borough
park while using a hand-held camera and not otherwise asserting exclusive use of
Borough property is NOT an activity that requires a permit.

c.

Permits are not required for casual photographers, tourists or credentialed members
of the media

4-5.4

Filming Location Credit Required.

In all cases where a permit is or is not required, the production credits shall include the
phrase, at minimum, “Filmed on location in Roselle Park, New Jersey.”
SECTION 3.
4-5.53

Issuance of Permits.

a. No permits shall be issued by the Chief of PoliceBorough Clerk unless applied for on or
before seven (7) days before the requested shooting date, provided, however, that the Chief of
PoliceBorough Clerk may waive the seven (7) day period if, in the Chief of Police’sBorough Clerk’s
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:
1.

Proof of insurance coverage as follows:

(a)
For bodily injury to any one (1) person in the amount of five hundred thousand
($500,000.00) dollars and any occurrence in the aggregate amount of one million ($1,000,000.00)
dollars.
(b) For property damage for each occurrence in the aggregate amount of three hundred
thousand ($300,000.00) dollars.

 2.
An agreement in writing pursuant to which the applicant agrees to indemnify and save
harmless the Borough of Roselle Park from any and all liability, expense, claim for damages for
personal injury and property damage resulting from the use of public lands.
3.
The applicant is to post a cash or maintenance bond in an account not less than tentwo
thousand ($102,000.00) dollars covering the Borough in the event of any and all damage, cost or
expense incurred by the Borough (including but not limited to damage to the land, improvements
and personal property and the removal and disposal of the debris, rubbish and equipment) caused by
the applicant's activity. Notwithstanding the above, the Borough of Roselle Park reserves the right to
increase the amount of the required bond due to circumstances including but not limited to, the
anticipated length of time of the filming, the number of individuals involved in the filming, the
nature and amount of equipment and/or motor vehicles that will be required in the filming and any
other reasonable circumstances. The Borough will be entitled to invade and/or withdraw from the
cash or maintenance bond the cost of repairing the damage as described above and shall return to the
applicant the unused portion of same within thirty (30) days of making the determination of that
cost.
4.
permit.

The hiring of an off-duty Roselle Park Police Officer for the times indicated on the

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 Roselle Park Police Department 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 permit 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 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 (7) days prior to the
requested shooting date and be informed that objections may be filed with the Chief of PoliceBorough
Clerk, the objections to form a part of the applicant's application and be considered in the review of the
application. Proof of service of notification to adjacent owners shall be submitted to the Chief of
PoliceBorough Clerk at the time the permit application is submitted.
e. 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 paragraph h. hereof. The set-up, production and breakdown required by all
filming shall be included in the hours set forth herein.
f. The Chief of PoliceBorough Clerk may refuse to issue a permit whenever the Chief of
PoliceBorough Clerk 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., Such decision shall set forth 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 Borough reserves the right to
require one (1) or more on-site Patrolmen in situations where the proposed production may impede the
proper flow of traffic, the cost of the Patrolmen 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 Chief of PoliceBorough Clerk denying or revoking
a permit or a person requesting relief pursuant to paragraph f. may appeal to the Borough Council. A
written notice of appeal setting forth the reasons for the appeal shall be filed with the Chief of
PoliceBorough Clerk. An appeal from the decision of the Chief of PoliceBorough Clerk shall be filed
within ten (10) days of the Chief of Police’sBorough Clerk’s decision. The Borough Council shall set the
matter down for a hearing within thirty (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 to be adopted 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.
h. The Chief of PoliceBorough Clerk may authorize filming other than during the hours herein
described. In determining whether to allow an extension of hours under this section, the Chief of
PoliceBorough Clerk shall consider the following factors:
1.

Traffic congestion at the location caused by vehicles to be parked on the public street.

2.

Applicant's ability to remove film-related vehicles off the public streets.

3.

When the applicant is requesting restrictions on the use of public streets or public parking
during the course of the filming.

4.

The nature of the film shoot itself, e.g., indoor or outdoor; day or night.

5.

Prior experience of the film company/applicant with the Borough, if any.

6.

Consultation with the Borough ward representatives of the ward in which the filming is to
take place.

i. 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.
j. In addition to any other fees or costs mentioned in this section, 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.
k.

Special Regulations for Major Motion Pictures.

 1.

When filming is requested for a major motion picture, the approved location of such
filming and the approved duration of such filming by specific reference to day or dates
may exceed six (6) days, subject to the approval of the Borough Clerk, in duration if
good cause is shown for a need to film beyond six (6) days.

2.
Any days necessary to be used for set-up and preparation for a major motion picture
filming may, in the discretion of the Chief of Police, be counted as a filming day where such set-up
is anticipated to involve one (1) or more of the factors set forth in paragraph h. above.
SECTION 4.
4-5.64 Fees.
The schedule of fees for the issuance of permits authorized by this section are as follows:
a. Major Motion Pictures.
1. Permit Application Fee: A non-refundable application fee of one-hundred dollars
($100.00), payable upon submission of application to the Borough Clerk
2. Daily Filming Fee: A non-refundable fee of one-thousand dollars ($1,000.00) per day of
filming, payable upon the issuance of permit by the Borough Clerk.
b. Non-Profit Organizations Filming for Educational Purposes.
1. Permit Application Fee: A non-refundable application fee of twenty-five dollars
($25.00), payable upon submission of application to the Borough Clerk.
2. Daily Filming Fee: There shall be no daily filming fee for such organizations. Such
organizations shall be required to await issuance of a permit by the Borough Clerk
prior to the start of filming.
c. Student Films for Educational Documentary or Public Television Purposes.
Students seeking to film for educational documentaries or public television purposes shall
be exempt from both the application and daily filming fees otherwise imposed. Students or
such student groups shall be required to await issuance of a permit by the Borough Clerk
prior to the start of filming.
d. All Others Requiring a Permit.
a1. Permit Application Fee: A non-refundable Basic filming permit: application fee of
seventy-five ($75.00) dollars., payable upon submission of application to the Borough
Clerk.

 b2. Daily fFilming fFee: A non-refundable fee of five-hundred dollars ($500.00) per day of
filming, payable upon issuance of permit by the Borough Clerk. payable in addition to
the basic filming permit: five hundred ($500.00) dollars per day.
c. Filming permit for a nonprofit applicant filming for educational purposes (no daily rate
required): twenty-five ($25.00) dollars.
SECTION 5.
4-5.4

Violations and Penalties.

Where the owner of the premises is not the applicant for a permit required by this section, both the
owner of the private property 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 one thousand ($1,000.00) dollars per day or by imprisonment in the County jail for a term
not exceeding thirty (30) days, or both. A separate offense shall be deemed committed on each day during
or on which a violation occurs or continues.
SECTION 6. Invalidity
If any section or portion of a section of this Code shall be invalid for any reason, such invalidity
shall not affect the validity of the remaining sections or portions of this Ordinance.
SECTION 7. Inconsistent Ordinances Repealed.
All ordinances or parts of ordinances, to the extent that they are inconsistent herewith, are hereby
repealed.
SECTION 8. Captions.
Captions contained in this Ordinance have been included only for the purpose of facilitating
reference to the various sections and are not intended and shall not be utilized to construe the intent and
meaning of the text of any section.
SECTION 9. Effective Date.
This amendment to the Code of the Borough of Roselle Park shall become effective upon
publication and in accordance with law.