This division is adopted so that the city council may promote the public health, safety, morals and general welfare within the city through the enactment of reasonable rules for the orderly conduct of city council meetings. This division is designed to provide uniform rules and regulations relating to the use of a tape recorder, video camera, or other means of aural or visual reproduction at city council meetings and to promote a positive city image, reflecting order, harmony and pride, thereby strengthening the economic stability of the city. By and through this division, the city council welcomes broad public participation in city council meetings and strives to reasonably accommodate those who wish to make aural or visual recordings of democracy in action.
(Ordinance 906 adopted 4/3/02; 2004 Code, sec. 1.1501)
(a) 
General rules.
Words and phrases used in this division shall have the meanings set forth in this section. Words and phrases that are not defined in this division but are defined in other ordinances of the city shall be given the meanings set forth in those ordinances. Other words and phrases shall be given their common, ordinary meaning unless the context clearly requires otherwise. Headings and captions are for reference purposes only, and shall not be used in the interpretation of this division.
(b) 
Specific definitions.
City council chambers.
The room designated for city council meetings located in city hall at 101 East Main, Brady, Texas 76825.
City council meeting.
Any public meeting held by the city council as authorized or required by the Texas Constitution and applicable state law.
Designated recording area.
That area of the city council chambers clearly marked as a space for all persons wishing to operate tape recorders, video cameras, or other means of aural or visual reproduction, within which such persons may operate such electronic recording devices during city council meetings.
Electronically record.
To capture aural or visual sounds and/or images through the use of a tape recorder, video camera, or other means of aural or visual reproduction.
Official tape recording.
Any audio recording made by the city secretary or other city official or employee at the direction of the city council and as part of that city official’s or employee’s official duties.
Person.
A human individual.
Taped-off square.
A clearly defined area, which may or may not be rectangular in shape, so defined by stretching a strip or strips of adhesive tape across the floor so as to separate that area from the rest of the room.
Use of a tape recorder, video camera, or other means of aural or visual reproduction.
The use of any device used to capture and record and/or transmit and replay sounds and/or images. This term includes, but is not limited to, tape recorders, video cameras, digital cameras, web cameras, and live video streaming devices.
(Ordinance 906 adopted 4/3/02; 2004 Code, sec. 1.1502)
(a) 
At each city council meeting, the council shall designate an area within the city council chambers for the operation of tape recorders, video cameras, and other means of aural or visual reproduction. Operation of such equipment is limited to the designated recording area.
(b) 
The designated recording area shall be indicated by a taped-off square or other means reasonably calculated to provide sufficient space for all persons wishing to operate a tape recorder, video camera, or other means of aural or visual reproduction to occupy the designated recording area with reasonable comfort and sufficiently near to the proceedings to facilitate adequate recording.
(c) 
No person shall operate a tape recorder, video camera, or other means of aural or visual reproduction within the city council chambers outside of the designated recording area.
(d) 
The provisions of this section do not apply to the creation of an official tape recording of a city council meeting by a duly authorized city official. Nor do these provisions apply to duly authorized closed (i.e., “executive”) sessions.
(Ordinance 906 adopted 4/3/02; 2004 Code, sec. 1.1503)
(a) 
No person shall operate any tape recorder, video camera, or other means of aural or visual reproduction within the city council chambers except during the city council meeting.
(b) 
No person shall operate a tape recorder, video camera, or other means of aural or visual reproduction within the city council chambers within one hour before or after a city council meeting unless the person being recorded expressly grants their consent.
(c) 
Members of the news media and other interested persons may request personal interviews to be scheduled with city officials by calling the city manager at (915) 597-2152.
(Ordinance 906 adopted 4/3/02; 2004 Code, sec. 1.1504)
(a) 
Civil and criminal penalties.
The city shall have the power to administer and enforce the provisions of this division as may be required by governing law. Any person violating any provision of this division is subject to suit for injunctive relief as well as prosecution for criminal violations. Any violation of this division is hereby declared to be a nuisance.
(b) 
Criminal prosecution.
Any person violating any provision of this division shall, upon conviction, be fined in accordance with the general penalty provision set forth in section 1.01.009 of this code. Each day that a provision of this division is violated shall constitute a separate offense. An offense under this division is a misdemeanor.
(c) 
Civil remedies.
Nothing in this division shall be construed as a waiver of the city’s right to bring a civil action to enforce the provisions of this division and to seek remedies as allowed by law, including but not limited to the following:
(1) 
Injunctive relief to prevent specific conduct that violates this division or to require specific conduct that is necessary for compliance with this division; and
(2) 
A civil penalty up to one hundred dollars ($100.00) a day when it is shown that the defendant was actually notified of the provisions of this division and after receiving notice committed acts in violation of this division or failed to take action necessary for compliance with this division; and
(3) 
Other available relief.
(Ordinance 906 adopted 4/3/02; 2004 Code, sec. 1.1505)