Township of Maidencreek, PA
Berks County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Maidencreek as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-21-2003 by Ord. No. 195]
The following words and phrases when used in this article shall have the meanings given to them in this section, unless the context clearly indicates otherwise:
Words and phrases defined in Section 703 of the Sunshine Act[1] shall have the meanings set forth in that section.
Includes tape recorders, cameras, and any device capable of and used for the purpose of recording sounds and/or images at any Township proceedings.
Editor's Note: See 65 Pa.C.S.A. § 703.
The Township may but shall not be required to use recording devices to record any and all Township proceedings. Recording of Township meetings shall not be for the purpose of creating any public record but solely as an aid to the transcribing secretary in the preparation of Township minutes of meetings, and in light of the limited purpose thereof, no Township recording of meetings for these purposes shall be deemed a public record, nor shall they be available to any member of the public. The transcribing secretary shall be free to destroy, or record over any recordings of meetings upon completion of the preparation and approval of Township minutes. The transcribing secretary of any meeting may but shall not be required to record proceedings.
The following rules and regulations shall be uniformly applied to all persons attending any meeting of the Township:
No person shall use any recording device at any Township meeting unless that person first registers with the Township, before the meeting, for each meeting intended to be recorded, providing in writing, that person's name, address and phone number, and thereafter complying with the requirements of this article.
No person shall be permitted to use any recording device at any Township meeting unless the entire meeting and/or proceeding is recorded as required in Section 711(a) of the Sunshine Act.[1]
Editor's Note: See 65 Pa.C.S.A. § 711(a).
Any person using a recording device at any Township meeting shall do so openly so that all persons in attendance have actual notice that a person other than the Township is using a recording device.
Under no circumstances shall any recording device be utilized in any way that interferes, or tends to interfere with or disrupts Township meetings and/or proceedings.
No person shall utilize any recording device in any way that hides or conceals the use of the recording device during any Township meeting or proceeding.
No Township meeting or proceeding will be halted in order to facilitate and/or assist in the use of any recording device by any person.
Nothing in this article shall be construed as a waiver by the Township or any third party to question or challenge the authenticity, accuracy, or bona fide nature of any recording. Nothing in this article shall be construed as a consent to the use of, or the waiver of the right to object to the use of any recording in any judicial, quasi-judicial, or other proceedings. The Township expressly reserves all of these rights and any other rights it may have in any current or future matters or proceedings.
This article is enacted pursuant to the authority provided in Section 711(a) of the Sunshine Act[1] and Section 1506 of the Pennsylvania Second Class Township Code.[2] Accordingly, violations of this article shall be enforced in accordance with Article XVI, Section 1601(c.1).[3] Any person who violates any of the terms of this article shall be liable to pay a fine of $500 for each violation. In the event notice of a violation is issued and the penalty is not paid within 10 days of the date of said notice, the Code Enforcement Officer of the Township and/or the Board of Supervisors may enforce the same by civil enforcement proceedings in accordance with Section 1601(c.1)(1) of the Second Class Township Code, as amended, and in that event, in addition to the fine, the violator shall also pay all court costs and attorney's fees of the Township incurred in enforcing the terms of this article.
Editor's Note: See 65 Pa.C.S.A. § 711(a).
Editor's Note: See 53 P.S. § 66506.
Editor's Note: See 53 P.S. § 66601(c.1).