MTV didn’t need a permit to film in Hoboken

Snooki denied access to Hoboken for no reason

Like I said yesterday, I could care less about any of these TV personalities like Snooki, etc. And this whole debate about exactly where this midget has her show isn’t of much interest to me.

However, I am a bit interested to see that the Mayor and her staff “denied” a permit for MTV to be hereeven though MTV doesn’t really need one.

MTV wasn’t filming a movie – why do they even need a permit?

According to the Official City Code of Hoboken, NJ – these are the definitions in Chapter 97 – Filming:

  • FILMING: The taking of still or motion picture 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 City of Hoboken.
  • PUBLIC LANDS: Any and every public street, highway, sidewalk, square, public park or playground or any other public place which is within the jurisdiction and control of the City of Hoboken. Incidental use of a public street or sidewalk which is of minimal impact and does not result in a closing of same to public use shall not be considered filming on “public land.”

In other words – setting up A FULL BLOWN MOVIE SET (i.e., giant cameras, lights, dollies, rigs, racks, and other sound stage material) is what this regulation is all about. Blocking sidewalks, closing roads, trailers, film crews, wires etc.

Filming a group of people with small portable cameras – walking from Point A to Point B – or even inside their own apartment does not fall within the conditions outlined in the code. MTV should come here and film anyway!

Even if my point above is inaccurate (which it isn’t), and if MTV wanted to – they can still film in Hoboken if they were going to make the videos filmed in Hoboken for ONLINE use only – since the regulation does not include the internet.

Funny thing is – the damn Cake Boss line blocks sidewalks almost daily, and yet they’re still allowed to film.

It was wrong of Mayor Zimmer to deny a permit to MTV,

  1. “Convicting” someone of wrong-doing before they’ve broken the law
  2. Without even understanding the law in her own city

If Mayor Zimmer was in charge in the 1950’s – the award-winning film On the Waterfront probably wouldn’t have been allowed to film here either because (insert quasi-government hack reasoning here).

Hoboken City Code – Chapter 97 – Filming

§ 97-1. Definitions.
§ 97-2. Permit required.
§ 97-3. Rules and regulations.
§ 97-3.1. Mayor’s Office of Film and Television.
§ 97-4. Fees.
§ 97-5. Violations and penalties.
§ 97-6. Severability.
§ 97-7. When effective.

GENERAL REFERENCES

Obstruction of streets and sidewalks — See Ch. 168, Art. I.

§ 97-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

FILMING — The taking of still or motion picture 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 City of Hoboken.

LOCAL FILM COMMISSION — The body responsible for implementing the provisions of this chapter, including reviewing and approving all applications for filming within the City of Hoboken. The Local Film Commission (“the Commission”) shall be comprised of three (3) members as follows: the Director of the Department of Administration or his/her designee, the Director of the Department of Environmental Services or his/her designee and the Director of the Department of Human Services or his/her designee. [Amended 12-2-1998 by Ord. No. R-358]

PUBLIC LANDS — Any and every public street, highway, sidewalk, square, public park or playground or any other public place which is within the jurisdiction and control of the City of Hoboken. Incidental use of a public street or sidewalk which is of minimal impact and does not result in a closing of same to public use shall not be considered filming on “public land.”

§ 97-2. Permit required.

A. No person or organization shall film or permit filming on public property within the City of Hoboken without first having completed an application and obtained a permit from the Commission, which will be issued through the Office of the City Clerk located at City Hall in Hoboken. The permit shall, whenever possible, set forth the approved location of such filming and the approved duration of such filming by specific reference to day or dates. Said permit must be readily available for inspection by city officials at all times at the site of the filming.

B. All permits shall be applied for at and obtained from the office of the City Clerk during normal business hours.

Applications for such permits shall be accompanied by a permit fee in the amount established by this chapter.

C. If a permit is issued and, due to the inclement weather or other good cause, filming does not in fact take place on the dates specified, the Commission 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.

D. Permits shall be issued at the discretion of the Commission. The Commission may deny issuance of a permit for good cause. [Added 12-2-1998 by Ord. No. R-358]

§ 97-3. Rules and regulations.

A. No permits shall be issued by the Commission unless applied for prior to three (3) days before the requested shooting date; provided, however, that the Commission may waive the three-day period, if, in its 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 provides the City of Hoboken 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 dollars ($500,000.) and any occurrence in the aggregate amount of one million dollars ($1,000,000.).

(b) For property damage, each occurrence, in the aggregate amount of three hundred thousand dollars ($300,000.).

(2) An agreement in writing whereby the applicant agrees to indemnify and save harmless the City of Hoboken from any and all liability, expense, claim or damages resulting from the use of public lands.

(3) The hiring of an off-duty City of Hoboken police officer for the times indicated on the permit, when deemed necessary by the Commission.

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 Hoboken Police Department with respect thereto.

D. The holder of a permit shall conduct filming in such a manner so 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 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 (3) days prior to the requested shooting date(s) and informed that objections may be filed with the Commission, which objections will form a part of the applicant’s application and be considered in the review of same.

E. The Commission will make every effort to work with residents to minimize the inconvenience caused by filming in residential areas and will require the applicant to give affected residents at least three (3) days’ notice of parking restrictions, night shooting or other inconveniences. All filming must be completed within one-half (1/2) hour after sunset. Any night shooting must be approved by the Commission. “Night shooting” is defined as all filming occurring in residential neighborhoods one-half (1/2) hour after sunset. In no event, however, shall an applicant be allowed to film in a residential area after 11:00 p.m.

F. The Commission may refuse to issue a permit whenever it determines, on the basis of objective facts and after a review of the application and a report thereon by the Police Department and/or 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 (1) 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.

G. Any person aggrieved by a decision of the Commission denying or revoking a permit or a person requesting relief pursuant to Subsection H may appeal to the City Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Commission. An appeal from the decision of the Commission shall be filed within ten (10) days of the Commission’s decision. The City 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 City Council shall be in the form of a resolution. A resolution supporting the decision of the City Council shall be adopted at the first regularly scheduled public meeting of the City Council after the hearing on the appeal unless the applicant 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 Commission shall be deemed to be reversed and a permit shall be issued in conformity with the application or the relief pursuant to Subsection H shall be deemed denied.

H. The City Council may authorize a waiver of any of the requirements or limitations of this chapter whenever it determines that strict compliance with such limitations will pose an unreasonable burden upon the applicant and that 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 and Fire Departments before filming takes place and to the New Jersey Film Commission. The applicant shall permit the Fire Prevention Bureau or other city inspectors to inspect the site and the equipment to be used. The applicant shall follow all safety instructions issued by the Fire Prevention Bureau or other city inspectors.

J. In addition to any other fees or costs mentioned in this chapter, the applicant shall reimburse the city for any lost revenue, such as parking meter revenue, repairs to public property or other revenues that the city was prevented from earning because of the filming.

§ 97-3.1. Mayor’s Office of Film and Television. [Added 12-2-1998 by Ord. No. R-358]

A. Appointments. There shall be a Mayor’s Office of Film and Television, which entity shall be comprised of five (5) members, each of whom shall be appointed by the Mayor to a term of three (3) years from the date of appointment. Should a vacancy in membership occur, a replacement member shall be appointed to fill the vacancy for the unexpired term. Members shall serve as volunteers without compensation.

B. Purpose. The Mayor’s Office of Film and Television shall have among its purposes the following:

(1) To promote the city as a site for the filming of motion picture and television productions;

(2) To encourage motion picture and television producers to portray the many positive aspects of the city and its residents;

(3) To encourage motion picture and television producers to hire local residents as actors, actresses and extras in their productions;

(4) To encourage motion picture and television producers to support local employers and to patronize city businesses;

(5) To act as a liaison between motion picture and television producers and the City Business Administrator, and assist in the resolution of problems and difficulties that arise during the course of production; and

(6) To review and propose changes to the City Code that would further promote the city as a site for film and television productions.

§ 97-4. Fees. [Amended 2-6-1991 by Ord. No. P-126]

The permit for filmmaking shall issue for a period not to exceed fourteen (14) consecutive days for a fee of three hundred fifty dollars ($350.) renewable for terms of fourteen (14) consecutive days at a fee of three hundred fifty dollars ($350.) per term. In addition to the license fee, the permittee shall be required to pay a fee of five dollars ($5.) per work day for each commercial vehicle used by the permittee or a flat fee of two hundred fifty dollars ($250.) for each fourteen (14) workdays’ term.

§ 97-5. Violations and penalties.

Any person violating this chapter or rules and regulations contained herein shall be subject to a fine not to exceed five hundred dollars ($500.) or imprisonment for a term not to exceed ninety (90) days, or both.

§ 97-6. Severability.

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

§ 97-7. When effective.

This chapter shall take effect immediately upon passage and publication as required by law.

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18 Comments on "MTV didn’t need a permit to film in Hoboken"

klaatu
Member
klaatu

You are incorrectly interpreting the definition of “Incidental use” which is clearly defined in the Municipal Code. Anyway, here are some further injustices of people trying to photograph in Hoboken that were bullied by the Hoboken Police Department:
 
neilvn.com/tangents/2010/11/17/photographing-a-model-in-hoboken/
 
http://damnuglyphotography.wordpress.com/2010/04/28/fuck-hoboken/
 
I think this is a bigger issue since these people were just taking photographs. Photography isn’t a crime.

klaatu
Member
klaatu

According to the Hoboken Municipal Code, the definition of “incidental” is “something that happens over time without intention or calculation.” An “incidental” use is one that is an accessory to a principal use. In this case, that means a use that occurs as a result of filming, not the actual filming itself. Basically, if you were filming on private property, but you parked a vehicle in the street or had some equipment in the sidewalk, as long as it results in a minimal impact and does not close the sidewalk or street, you don’t need a permit.
 
It comes down to the following regulation:
 
“The Commission will make every effort to work with residents to minimize the inconvenience caused by filming in residential areas and will require the applicant to give affected residents at least three days’ notice of parking restrictions, night shooting or other inconveniences. All filming must be completed within 1/2 hour after sunset. Any night shooting must be approved by the Commission. “Night shooting” is defined as all filming occurring in residential neighborhoods 1/2 hour after sunset. In no event, however, shall an applicant be allowed to film in a residential area after 11:00 p.m.”
 
The production company wanted a permit to film 24/7, and Hoboken does not permit filming on public property after 11pm.

Back to the day
Member
Back to the day

Is there a law against being a popular celebrity and visiting or living in Hoboken?

That could explain all the nobody gives a shit b-list actors (joey pants, aiello) hanging out downtown.

Maybe Eli Manning got banned from Hoboken because he’s the hottest NFL superstar. Let’s hope nobody films him buying a cup of coffee. We’d have to call the riot police.

briank
Member
briank

90% of people in town don’t want to to see MTV come here with their moronic girls, so the Mayor tells them not come.
Somehow, the mayor doing this ends up as fodder for more criticism from 411. She finally does something right that everyone agrees with and this site still finds fault. Jeez- lighten up. Even a blind squirrel finds a nit every now and then.

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