[HISTORY: Adopted by the Borough Council of the Borough of Seaside
Heights 2-19-1997 by Ord. No. 97-1. Amendments noted where applicable.]
[Amended 7-3-2002 by Ord.
No. 2002-19]
A.
In accordance with the provisions of N.J.S.A. 47:1A-l
et seq., the Borough Clerk shall permit a government record to be inspected,
examined and copied by any person during not less than six regular business
hours over not less than three business days per week or the Borough's regularly
scheduled business hours, whichever is less, unless a government record is
exempt from public access. Copies of government records may be made under
the supervision of the custodian, or his/her representative, upon payment
of the price established by law.
B.
Notwithstanding the provisions of Subsection A, where it shall appear that the records which are sought to be inspected, copied or examined pertain to an investigation in progress by any public agency, the right of access may be denied if the inspection, copying or examination of the records is inimical to the public interest, provided that this provision shall not be construed to allow any public agency to prohibit access to a record that was open to public inspection, examination or copying before the investigation commenced.
C.
Prior to allowing access to any government record, the
Borough Clerk shall redact from that record any information which discloses
a social security number, credit card number, unlisted telephone number or
driver license number of any person, except for use by any government agency,
including any court or law enforcement agency in carrying out its functions,
or any private person or entity acting on behalf thereof or any private person
or entity seeking to enforce payment of court ordered child support, except
that a social security number contained in a record required by law to be
made, maintained or kept on file by a public agency shall be disclosed when
access to the document or disclosure of that information is not otherwise
prohibited law.
A.
The following fees shall be charged for copies of public
documents and records:
(1)
Duplicate tax bills: $5 for an initial duplicate copy
of a tax bill. Twenty-five dollars for each subsequent copy of a tax bill
for the same tax year requested by the same person or organization.
(2)
Zoning maps: Small scale maps: $5 each.
(3)
Police reports and photographs:
(a)
Police reports: first page to tenth page: $0.75 per page;
eleventh page to twentieth page: $0.50 per page; all pages over 20: $0.25
per page. For police accident reports not requested in person and not part
of Municipal Court discovery, an additional fee of $5 for the first three
pages and $1 per page thereafter to cover the administrative costs of the
report shall be assessed as provided by N.J.S.A. 39:4-131.
[Amended 8-4-2004 by Ord. No. 04-12]
(b)
Police reports and photographs sent to requesting party
via regular mail will require an additional fee for the actual cost of postage,
plus $0.25 for stationery-related expense.
[Amended 8-4-2004 by Ord. No. 04-12]
(c)
Police photographs will be photocopied at the following
rates: first page to 10th page: $0.75 per page; 11th page to 20th page: $0.50
per page; all pages over 20: $0.25 per page. If requests are made for duplicate
photographs, the actual cost of making the photographs shall be charged.
[Amended 2-2-2005 by Ord. No. 05-03]
(5)
All other documents: first page to tenth page, $0.75
per page; eleventh page to twentieth page, $0.50 per page; all pages over
twenty, $0.25 per page.
[Amended 7-3-2002 by Ord.
No. 2002-19]
(6)
On any item that cannot be photocopied on the Borough
copy machine or is not otherwise provided for in this schedule, the actual
cost incurred in making the copy or copies shall be charged.
[Amended 2-2-2005 by Ord. No. 05-03]
(7)
Copies of videotapes and audiotapes: The Borough does
not maintain equipment with the capability of reproducing videotapes or audiotapes.
Any requestor of a copy of a videotape or audiotape shall have access to the
source videotape or audiotape at no charge, but will he responsible for the
reproduction itself either by use of his or her own equipment to do the same
or by contracting with an outside service to make the copy or copies. Any
requestor may review a videotape or audiotape at no charge.
[Amended 2-2-2005 by Ord. No. 05-03]
(8)
No criminal defendant shall be charged to review or copy
a videotape or audiotape requested in connection to the charges against him
or her. The Borough does not maintain equipment with the capability of reproducing
videotapes or audiotapes. Any defendant requesting a copy of a videotape or
audiotape shall have access to the source videotape or audiotape at no charge,
but will be responsible for the reproduction itself either by use of his or
her own equipment to do the same or by contracting with an outside service
to make the copy or copies.
[Amended 2-2-2005 by Ord. No. 05-03]
(9)
Municipal Court discovery and certified copies of disposition
of Municipal Court cases: first page to 10th page: $0.75 per page; 11th page
to 20th page: $0.50 per page: all pages over twenty: $0.25 per page. Municipal
Court discovery and certified copies of disposition of Municipal Court cases
sent to requesting party via regular mail will require an additional fee for
the actual cost of postage, plus $0.25 for stationary-related expense. Where
the discovery must be obtained from an entity other than the Borough, the
actual costs paid to the other entity shall be paid by the requestor.
[Amended 8-4-2004 by Ord. No. 04-12; 2-2-2005
by Ord. No. 05-03]
B.
Whenever the nature, format, manner of collation or volume
of a government record embodied in the form of printed matter to be inspected,
examined or copied is such that the record cannot be reproduced by the Borough
by ordinary document copying equipment in ordinary business size or involves
an extraordinary expenditure of time and effort by the Borough to accommodate
the request, the Borough may charge, in addition to the actual cost of duplicating
the record, a special service charge that shall be reasonable and based upon
the actual direct cost of providing the copy or copies. The requestor shall
have the opportunity to review and object to the charge prior to its being
incurred.
[Amended 7-3-2002 by Ord.
No. 2002-19; 8-4-2004 by Ord. No. 04-12]
C.
The cost of postage, if it is requested that copies are
to be mailed to an individual.
D.
The Borough Clerk may require a deposit for duplication
costs anticipated to exceed $5. In any circumstance where such a deposit will
be required, the requestor shall have the opportunity to review and object
to the charge prior to its being incurred.
[Added 7-3-2002 by Ord. No.
2002-19; 2-2-2005 by Ord. No. 05-03]
E.
In the event an extraordinary expenditure of time
and effort is needed by the Borough to accommodate a request to inspect, in
addition to any fees for actual duplication and copying incurred by the requestor
under this chapter, the Borough shall assess a special service charge based
upon the cost incurred for such extensive use of information technology resources
and/or the labor cost of the personnel providing the service that is actually
incurred or attributable to the Borough for the clerical and supervisory assistance
required, or both. The manner by which such special inspection service fee
is calculated shall be kept on file with the Borough. The requestor shall
have the opportunity to review and object to the charge prior to its being
incurred.
[Added 8-4-2004 by Ord. No. 04-12]
[Amended 7-3-2002 by Ord.
No. 2002-19]
The following procedure shall be utilized in regard to a request by
an individual for copies or inspection of government records in the possession
of the Borough of Seaside Heights:
A.
All record requests must be made on the request form
adopted by the Borough Clerk and addressed to the Borough Clerk's office.
B.
The Borough Clerk will compile the documents known to
be accessible to the public and will determine and collect the appropriate
copy fee at the time the copies are to be picked up by the individual requesting
the documents or arrange for prepayment if documents are to be mailed to said
individual.
C.
Some government records will be immediately available
and some records will require time to compile and to make the copies requested,
but will generally be available during normal business hours and within seven
business days. If any document or copy which has been requested is not a public
record or cannot be provided within the seven business days, the requestor
will be provided with a response with that information within seven business
days.
D.
If the Borough Clerk is unsure as to whether the certain
documents are public information, the opinion of the Borough Attorney shall
be obtained as to whether the document requested is a government record subject
to review and copying by the public. In the event the Borough Attorney determines
that the document is not subject to review or copying by the public, the Borough
Clerk will advise the individual requesting said government record.
E.
The Clerk may require that routine requests from a taxpayer
or property owner for documents pertaining to one's own property, such as
duplicate tax utility bills, rental CO or violation notices, etc., can be
handled directly by the person responsible for these files, provided the individual
responsible for the files obtains a written request and the payment of the
required fee as provided above and otherwise complies with the directives
of the Clerk.
F.
Under no circumstances will any employee permanently
remove documents from any files without written authorization from the Borough
Clerk.
G.
The Clerk may direct that police reports be obtained
from the Seaside Heights Police Department from the individual directed by
the Clerk to handle such requests.
