Politics & Government

Ordinance Forbids Most Commercial Filming In Residential Areas

Measure comes too late to stop Snooki show filming

By Patricia A. Miller

Score: Snooki - 1, Township - 0.

The Township Council recently adopted an ordinance that prohibits and commercial or for-profit filming in Berkeley neighborhoods.

"The filming of any motion picture, television show, or advertisement produced for commercial or profit-making purposes...is prohibited in any residential area," the ordinance states.

The ordinance does allow for filming of news events, personal, documentary or promotional purposes in limited circumstances.

 "...conducted primarily or exclusively in the interior or immediate exterior of a residential dwelling that does not involve a movie studio or production company," the ordinance states.

Anyone who wants to film in areas of Berkeley where it is permitted must   obtain a $350 permit from the township, supply a certificate of insurance, notify residents nearby and pick up the cost of additional police protection if needed.

"Basically, if someone is looking to film a series, etc., they would not be permitted to do so without a permit or a variance and permit," Township Attorney Lauren R. Staiger said. "If something newsworthy occurs, like a home fire, reporters and all are permitted to report because it is a newsworthy event rather than a capital venture."

The ordinance was prompted after 495 Productions began filming the Snooki and JWoww show in Sandy-battered Pelican Island earlier this summer.

The measure came too late to stop the filming, because there was no filming ordinance in effect when the production started, Staiger said.

"They were already using the property before the ordinance would be effective. It pertains to future filming, not current," she said recently.

Ocean County Superior Court Judge David E. Millard recently denied a request for an injunction filed by Pelican Island residents to halt the filming at 515 Sunset Drive South.

The township was not involved in the legal action, Staiger said.

However, Berkeley Township Zoning Officer John Battisti recently issued a violation to Michael Loundy - who owns the house - because the production is a commercial use in a residential zone, both Mayor Carmen F. Amato and Staiger have said.

"They would have the ability to continue the use until the application is heard by the Zoning Board," Staiger said.

Red Bank-based attorney Ronald S. Gasiorowski represented a number of Pelican Island residents and filed the request for an injunction to stop the filming.

The threat of legal action came after several residents said their quiet neighborhood – which is still largely in shambles due to damage from Superstorm Sandy – was being disturbed by both productions crews and people coming in both cars and boats to view the house.

"Snooki and JWoww" is a reality show that follows former “Jersey Shore” cast members Nicole “Snooki” Polizzi and Jennifer “JWoww” Farley.



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