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)
City council chambers.
City council meeting.
Designated recording area.
Electronically record.
Official tape recording.
Person.
Taped-off square.
Use of a tape recorder, video camera, or other means of aural
or visual reproduction.
Specific definitions.
The room designated for city council meetings located in
city hall at 101 East Main, Brady, Texas 76825.
Any public meeting held by the city council as authorized
or required by the Texas Constitution and applicable state law.
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.
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.
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.
A human individual.
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.
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)
