[Adopted 8-5-2002 by Ord. No. 24-2002]
This article shall be known as the "City of
Pleasantville Access to Government Records and Establishment of Fees
Ordinance."
It is hereby declared to be the public policy
of the City of Pleasantville to recognize the public's general right
to know pursuant to the Open Public Records Act. All records kept in the course of official duties by any
City of Pleasantville officer or employee shall be deemed to be government
records, as that ten is defined by N.J.S.A. 47:1A-1.1, and such records
shall be subject to inspection by the public unless exempt under the
statutes or other regulation, common law practice, executive order
of the Governor, Rules of Court, federal law or judicial decision;
this article was established to comply with the mandate of N.J.S.A.
47:1A-1 et seq., known as the Open Public Records Act, including that
portion of the law permitting the establishment of charges/fees, not
otherwise provided, to be imposed and associated with the reproduction
of the materials requested.
Unless a shorter time period is otherwise provided
by statute, regulation of executive order, the Clerk shall grant access
to a government record or deny a request for access to a record as
soon as possible but not later than seven business days after receiving
the request, provided that the record is currently available and not
in storage or archived. In the event that the Clerk fails to respond
within seven business days after receiving a request, the failure
to respond shall be deemed a denial of the request, unless the requestor
has elected not to provide a name, address or telephone number, or
other means of contacting the requestor. If the requestor has elected
not to provide an address, or telephone number, or other means of
contacting the requestor, the custodian shall not be required to respond
until the requestor reappears before the custodian seeking a response
to the original request. If the government record is in storage or
archived, the requestor shall be so advised within seven business
days after the custodian receives the request. The requestor shall
be advised by the custodian when the record can be made available.
If the record is not made available by that time, access shall be
deemed denied.
The Clerk shall post prominently in public view,
in or adjacent to the Clerk's office, a statement that sets forth
in clear, concise and specific terms the right to appeal a denial
or failure to provide access to government record and the procedure
by which an appeal may be filed.
Copies of records may be purchased for the fee
prescribed by law or regulation. If a fee is not prescribed by law
or regulation, the fee shall be the actual cost of duplicating the
records, provided, however, that where the actual cost for duplication
of a record exceeds the rates below, the actual cost shall be imposed:
A. Standard sized paper documents, up to 8 1/2 inches
by 14 inches in size.
|
Number of Pages
|
Rate
(per page)
|
---|
|
1 to 10
|
$0.75
|
|
11 to 20
|
$0.50
|
|
All over 20
|
$0.25
|
B. Large sized paper documents and maps.*
(3) Drug Free School Zone Map.
C. Preprinted documents.*
(3) Zoning and Land Use pamphlet.
D. Police and Fire reports and photographs.
(1) Police/Fire reports and photographs: Black and white copy, same as Subsection
A above; Color copy.*
(2) Police accident reports and Fire incident reports: same as Subsection
A above, if requested and picked up in person.
(3) Police accident and Fire incident reports, when copies
are requested other than in person: $5 for the first three pages and
$1 per page for each additional page, as established by N.J.S.A. 39:4-131.
E. Electronic records.*
(1) Copy of videotape:
(a)
If tape is supplied by requestor.
(b)
If tape is supplied by municipality.
(2) Copy of audiotape:
(a)
If tape is supplied by requestor.
(b)
If tape is supplied by municipality.
(3) Copy of electronic document or database.*
G. A special service charge shall be imposed, in addition
to the actual costs of duplicating the record, where the nature, format,
manner or collation or volume of printed mater is such that it cannot
be reproduced by ordinary document-copying equipment in ordinary business
size or where such record involves an extraordinary expenditure of
time and effort to accommodate the request. A special service charge
will be applied when the custodian must change the medium in which
the record is normally kept in order to comply with the request. The
special service charge will include the cost of labor in addition
to the cost of materials as well as any other actual costs incurred
by the City. The requestor shall have the opportunity to review and
object to the special service charge prior to its imposition.
H. Conversion of records from one medium to another.
Cost of duplication plus special service charges as follows:*
(1) Conversion of paper record to electronic form.
(2) Conversion of electronic files from one software product
to another.
I. Applicable postage shall be added for any and all
records by mail.
J. A deposit shall be paid prior to filling any anonymous
request where it is estimated that the information requested will
cost in excess of $5 to produce. The amount of the deposit shall equal
the total estimated cost of filling the request.
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* NOTE: The fees for the items specified will
be the actual cost and adopted by resolution of Council, and are subject
to change. The resolution specifying the costs for these items will
be posted next to the appeal notice described above or in some other
conspicuous place.
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[Added 7-7-2004 by Ord. No. 16-2004;
amended 4-16-2007 by Ord. No. 19-2007; 2-17-2016 by Ord. No. 2-2016]
Copies of a vital record, including birth, marriage,
death, domestic partnership, and civil union certificates, may be
purchased for a fee of $10 for each certificate.
[Added 11-6-2017 by Ord.
No. 18-2017]
A notary fee of $2 shall be imposed for each page.
[Adopted 6-19-2017 by Ord. No. 9-2017]
Purpose: The general purpose of this article is to establish
policies and procedures for the collection of fees associated with
the performance of marriage and civil union ceremonies by the Mayor.