[HISTORY: Adopted by the Township Council of the Township
of Mount Holly as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-10-2014 by Ord. No. 2014-04]
Members of the general public have the right to videotape portions
or all of an open public meeting of the governing body, except at
closed or executive session discussions. These guidelines are intended
to ensure that the right of the public to videotape and record official
public meetings does not interfere with the business of the governing
body or other citizens' right of access to the proceedings.
Recording, videotaping and photography during Township Committee
meetings are permitted within applicable laws and the precedence of
courts of competent jurisdiction. No such recording, taping or photography
shall in any way interfere with the orderly conduct of public meetings,
nor shall it impede ingress or egress or otherwise cause any distraction
or interruption of the meeting. No flash photography or auxiliary
lighting is permitted except during periods set aside for photographs
such as the conclusion of special presentations or awards.
To minimize the possibility of disruption of the public meeting
of the governing body, any member of the public ("citizen") who wishes
to videotape, photograph or record portions or all of the public meeting
must do so in accordance with the following guidelines:
A.Â
The citizen requesting to videotape, photograph or record portions
of the public meeting must notify the Clerk of the municipality no
less than one hour prior to the public meeting of his or her intention
to exercise his/her right to videotape or photograph the meeting.
Such notification may be in writing or verbal.
B.Â
No more than three portable videotape electronic cameras or other
recording devices, operated by no more than one person per device,
shall be permitted at any public meeting of the Mount Holly Township
Council. Requests and approvals of taping at meetings in accordance
with this article shall be approved in the order the requests for
taping are received, in other words, on a first-come-first-served
basis, subject to the compliance provisions of this section of this
article.
C.Â
The citizen must have completed setup of his or her videotape recorder
or any related photographic equipment no less than 10 minutes prior
to the official start time of the public meeting.
D.Â
Location of recording equipment. All recording equipment, including
photography, shall be set up by the citizen in the rear of the meeting
room, at such location specifically identified by the Township Manager
or Clerk. The citizen shall be instructed as to the location where
he or she may record, and the location shall provide a clear view
of the proceedings by the camera or videotaping equipment.
E.Â
The video recorder, camera or any associated equipment utilized by
the citizen must be battery operated, compact, quiet, must be set
on a tripod and generally unobtrusive. The videotape recorder and
all associated equipment may take up no more space than that designated
by the Township Manager or Clerk. No video recording, photographic
or other equipment will be permitted that makes any beeping sounds
or other noises. Should any beeping sounds or other noise emanate
from the videotape recorder at any time during the public meeting,
the citizen shall be required to cease videotaping or taking photographs
immediately. Further, only videotape cameras, audio equipment or photographic
equipment which do not produce distracting light shall be permitted
in the meeting. No artificial lighting devices of any kind shall be
employed in connection with the use of video cameras. No artificial
lighting of any kind shall be employed in connection with a still
camera. It shall be the affirmative duty of any individual seeking
to videotape a public meeting to demonstrate to the Manager or his
designee, adequately in advance of any public hearing, that the equipment
sought to be utilized meets the sound and light criteria as enumerated
herein. A failure to obtain advance approval for the equipment prior
to the public meeting shall preclude its use at any such meeting.
F.Â
The citizen may not disrupt the public meeting with his recording
equipment. The citizen may not set up or use the videotape recorder
or any other equipment, including photographic 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 disorderly conduct ordinances of this chapter and
must be generally orderly and unobtrusive. The citizen may not exit
and reenter the meeting room, or continuously move around within the
meeting room during the public 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 his
turn during any public comment portion of the public meeting. The
citizen may not narrate the proceeding, or speak into the videotape
recorder or microphone or engage in any verbal conversation, discourse
or comment whatsoever, unless the citizen is making a formal comment
in his turn during any public comment portion of the public meeting.
G.Â
If the citizen chooses to cease videotaping or taking photographs
at any time during the public meeting, he or she may do so, provided
that the citizen does not commence removal or begin to disassemble
any videotape recorder or associated equipment until there is a break
of at least five minutes of the public meeting or the public meeting
has concluded.
H.Â
In addition to photography and videotape recordings of the public
meetings, any individual or citizen may tape record a public meeting
subject to the notice requirements as set forth above. The recording
device shall be unobtrusive and limited to the size commonly known
as "hand-held," "mini cassette" or other similar recording devices.
It shall be placed in an appropriate position that will not interfere
with the conduct of the meeting or in any way attract attention. The
recording device shall not produce any distracting sounds, beeps or
other noises in its operation. The tape may not be rewound or played
back while the meeting is in session.
A.Â
Meetings or any portions of meetings which are permitted by law to
be closed to the public (commonly known as "executive sessions") shall
not be videotaped, photographed or audiotaped.
B.Â
During the public meeting, including any executive session, photographs,
videotapes and/or audiotape recordings made in any corridor, hall
or any other area outside of the meeting room of the Township Council
for the Township of Mount Holly may only be made with the express
permission of the Township Council or Manager.
C.Â
To protect the attorney-client privilege, there shall be no audio
pickup of conferences which occur at the public meeting or in a public
facility between the Township Solicitor, special counsel or any other
special attorney for the Township of Mount Holly and any member of
the Township Council, Municipal Clerk, Manager or any other officer
or employee of the Township.
D.Â
No recording, whether audio or video, may be used in any court proceeding,
nor may the same be used to contest the accuracy of the official record
of the Township Council. No such recordings may be represented in
any capacity as the official transcript in any manner or for any purpose.
Permission for all still photography, videotaping and audiotape
recording of ceremonial proceedings, including reorganization meetings,
special awards, commendations, appointments or promotional proceedings
for employees, involving the Township Council and occurring during
a public meeting or otherwise, must first be obtained from the Township
Council or Manager. The same will be routinely granted subject to
compliance with the foregoing guidelines where applicable.
Still photography, television cameras or audio coverage or any
video recordings for proceedings in the Municipal Court are governed
by the New Jersey Supreme Court guidelines. Nothing in this article
shall be interpreted to supersede the State of New Jersey Supreme
Court guidelines.
The Mount Holly Township Police Department, as well as the Municipal
Clerk, and during the course of meetings, the Mayor and Township Council
or Township Manager, shall be the enforcement agent of this article.
Any person violating any of the provisions of this article shall
be subject to a maximum fine of $1,000.
