[HISTORY: Adopted by the Bloomfield Council 4-15-2013 by Ord. No.
13-18. Amendments noted where applicable.[1]]
Members of the general public (hereinafter "citizen") have the
right to record, videotape, film, and take pictures of open public
meetings of the governing body, excluding closed or executive session
discussions (hereinafter "meeting" or "meetings"). Meetings or portions
of meetings which are permitted by law to be closed to the public
shall not be videotaped, photographed or audiotaped. These guidelines
are intended to ensure that the right of the public to record, videotape,
film or take pictures and record meetings of the governing body does
not interfere with the business of the governing body or other citizens'
right of access to the proceedings.
A.
Use of phones, radios and other two-way communications devices prohibited.
Members of the Council and the general public are absolutely prohibited
from using cell phones, two-way radios or any other type of voice
communication devices during any meeting. All such devices must be
placed on vibrate or silent mode so that they will not make noise
during the meeting. No citizen is permitted to have any equipment
that makes any beeping sounds or other noises. Anyone wishing to use
such a device must step out of the meeting room before using such
a device. Furthermore, members of the Council are prohibited from
text messaging, emailing or communicating with any one or multiple
Council members during any meeting regarding any agenda item or any
matter dealing with the Township of Bloomfield.
B.
Use of audiotape recorder, videotape, film and camera equipment.
To minimize the possibility of disrupting a meeting of the governing
body, any member of the public (hereinafter "citizen") who wishes
to videotape, photograph or record portions or all of the public meeting
must do so in accordance with the following guidelines:
(1)
The citizen must provide the Clerk of the municipality with no less
than 30 minutes verbal notice prior to the meeting of their intention
to exercise their right to videotape or photograph the meeting. Failure
to provide advance notice of the intent to utilize the equipment prior
to each meeting shall preclude its use at such meeting.
(2)
The citizen must have completed setup of their audio recording, filming
or picture taking and any related equipment no less than 10 minutes
prior to the official start time of the meeting. Audio, filming and
picture equipment may only be set up in the last two rows of the Council
Chambers and along the back wall behind the seats. In the Council
Chambers in the Law Enforcement Building, audio, filming and picture
and related equipment may only be set up in the area behind the Mayor's
seat. All recording equipment locations are subject to the police
and fire approval for safety reasons related to egress in case of
an emergency. The space for recording, filming and picture taking
is on a first-come-first-served basis.
(3)
The audio recording, filming and picture taking and any associated
equipment utilized by the citizen must be battery operated, compact,
quiet, and generally unobtrusive. No citizen shall operate more than
one recording device or still camera at any meeting and no added lighting
may be used. The equipment may not take up more than the space designated
by the Clerk. No citizen is permitted to use any equipment that makes
any beeping sounds or other noises. Should beeping sounds or any other
noise emanate from the equipment at any time during the meeting, the
citizen shall be required to turn off the equipment, cease recording
immediately, and shall be subject to the violations and penalties
contained herein.
(4)
The citizen may not disrupt the meeting with their recording equipment.
The citizen may not set up or use the videotape recorder or equipment
in such a way as to block or obstruct the view of other members of
the public of the governing body proceedings. The videotaping, photographing
and/or recording by the citizen may only be done in a manner that
does not violate the Township's disorderly conduct or any other ordinances
and must be generally orderly and unobtrusive. Citizens recording
the proceedings shall assume fixed positions within the designated
areas, and once the citizens are positioned they shall not be permitted
to move about in any way as to attract attention through further movement.
This includes still photographers who also shall not be permitted
to move about in order to photograph the meeting. The citizen must
remain with the videotape recorder and equipment at all times, except
for any period of time during which the citizen is making a comment
in their turn during any public comment portion of the public meeting.
The citizen may not "narrate" the proceeding or speak into any videotape
recorder or microphone. The citizen may not engage in any verbal conversation,
discourse or comment whatsoever, unless the citizen is making a formal
comment in their turn during any public comment portion of the meeting.
(5)
If the citizen chooses to cease videotaping or taking photographs
at any time during the public meeting, they may do so, provided that
the citizen may not commence removal, except for a handheld videotape
recorder or camera, or begin to disassemble any recorder or associated
equipment until there is a break of at least five minutes of the meeting
or until the meeting has concluded.
(6)
In addition to photography and videotape recording of meetings, an
individual may audiotape record a meeting subject to the notice requirements
set forth above. The recording device shall be unobtrusive, limited
to the size commonly known as "handheld," "mini-cassette" or similar
recording devices. It shall be placed in an appropriate position that
will not interfere with the conduct of the meeting, block the view
of any other meeting attendees, or moved in any way to attract attention.
The recording device shall not produce a distracting sound, either
from the equipment or in its operation. The tape may not be rewound
or played back while the meeting is in session. The citizen may not
"narrate" the proceeding or speak into the recorder or microphone.
The citizen may not engage in any verbal conversation, discourse or
comment whatsoever, unless the citizen is making a formal comment
in their turn during any public comment portion of the meeting.
(7)
To protect the attorney-client privilege, there shall be no audio
pickup of conferences which occur at a meeting or in a public facility
between the Township Attorney or special counsel and any member of
the Township Council, the Municipal Clerk or any officer or employee
of the Township.
(8)
The Mayor may direct that the videotaping, photography or audio recording
cease or be brought into compliance with the regulations at any time
they determine that the equipment or its operator is disrupting the
proceedings or is otherwise in violation of the regulations set forth
herein. Any action taken by the Mayor or anyone else to redirect any
person in violation of this chapter shall not affect the applicability
of the violations and penalties contained herein.
(9)
The videotaped recording(s) or audio recording taken by any member
of the public may not be represented as an official transcript in
any manner and/or for any purpose.
(10)
The Mayor, in their capacity as Chair at the meeting, may relax
the above guidelines during ceremonial proceedings involving the Township
Council, such as the annual reorganization, the administration of
oath of office, or otherwise.
(11)
Except as otherwise provided herein with regard to meetings,
no photographs may be taken or audio/videotape recordings made within
a public facility of any person, place or event relating to the administration
and/or conduct of official municipal business.
(12)
No limitations are placed on the taking of photographs or video/audiotape
recording on the grounds or environs of the municipal facility or
within a municipal facility of persons, places or events which have
no relation to, do not arise from, and/or are in no way connected
with the administration and/or conduct of official municipal business.
(13)
Notwithstanding the limitations set forth in this chapter, a
citizen may hold and utilize a cell phone, audio recorder or camera
to record the meeting while seated in any of the available seating
within the meeting room. However, the device shall not be held higher
than eye level; the citizen shall not move around, block the view
of any other meeting attendees, or move in any way to attract attention.
The recording device shall not produce a distracting sound, either
from the equipment or in its operation. Finally, the citizen shall
not be allowed to stand or hold the recording device in the air or
over their head in an effort to record.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Township of Bloomfield Police Department is the enforcement
agent of this chapter.
Any person violating any of the provisions of this chapter shall be subject to the violation provisions of § 1-15 of this chapter. Notwithstanding any language contained herein to the contrary, anyone who violates any section or part of any section of this Chapter 63A shall be subject to the violations and penalties of § 1-15.
