A. Definitions:
AUDIO RECORDER: Any device that makes a recording of sound.
AUDIO RECORDING: Use of any device to make a recording of sound.
FLASH PHOTOGRAPHY: Use of a camera or other photographic device, whether film, digital, or otherwise, no matter how small, which requires for successful operation, a flash, strobe, or accessory lighting beyond the ambient light level normally present in a meeting room.
MEETING ROOM: A room used by a public body to conduct a public meeting.
NONFLASH STILL PHOTOGRAPHY: Use of a camera or other photographic device, whether film, digital, or otherwise, no matter how small, which does not require for successful operation, a flash, strobe, or accessory lighting beyond the ambient light level normally present in a meeting room.
PUBLIC BODY: Any administrative, advisory, executive, or legislative body of the city that: 1) is created by the Utah constitution, statute, rule, ordinance, or resolution; 2) consists of two (2) or more persons; 3) expends, disburses, or is supported in whole or in part by tax revenue; and 4) is vested with the authority to make decisions regarding the public's business.
PUBLIC MEETING: The convening of a public body, with a quorum present, whether in person or by means of electronic equipment, for the purpose of discussing or acting upon a matter over which the public body has jurisdiction or advisory power.
RECORDING MEDIUM: A storage medium such as, without limitation, an audiocassette, videocassette, microcassette, compact disc (CD), digital video disc (DVD), electronic recording, etc.
VIDEO RECORDING: Use of a camera, video camera, video recorder, motion picture camera, electronic recording, or other device, whether film, digital, or otherwise, no matter how small, to record moving images.
B. Audio Recording Permitted: The right of the public to make audio recordings of public meetings, pursuant to Utah Code Annotated section 52-4-7(4) or successor section, shall not be curtailed, provided that the recordings are conducted in a discrete and orderly manner and the device does not create excessive noise that disturbs members of the public body or other persons attending the public meeting.
1. No Recording Of Private Conversations: No person may record private conversations between persons in attendance of a public meeting.
2. Audio Recorders; No Additional Microphones: All audio recording shall be made by using a small handheld audio recorder or other nondisruptive audio recorder.
3. Placement Of Audio Recorders: Persons using audio recorders shall remain in the recording area (as defined in subsection 1-5-7D1 of this section), unless invited by the speaker or the public body to be elsewhere. At no time during a public meeting may a person stand in the aisle, exits, or near the dais to record the proceedings, if by so doing, the public meeting is disrupted. Audio recorders may not be left unattended if they are disruptive to the speaker.
4. Recording Medium Of Sufficient Length: To minimize disruptions during public meetings, recording media shall be of sufficient length to record the entire meeting.
5. Quiet Operation Of Audio Recorders Required: A person may not operate an audio recorder during a public meeting that creates an excessive noise that disturbs members of the public body or other persons attending the public meeting.
6. Recordings Labeled "Unofficial Record": The person making an audio recording of a public meeting shall label the recording medium, e.g., cassette, compact disc, etc., "Unofficial Record". Only the official minutes or an official transcript shall be the official record of the public meeting.
C. Flash Photography Prohibited: Flash photography shall not be allowed during public meetings unless permitted by the public body upon request.
D. Nonflash Still Photography And Video Recording Permitted; Restrictions: Nonflash still photography and video recording shall be permitted provided that the public health, safety and welfare is preserved according to the provisions of this section.
1. Location Of Nonflash Still Cameras And Video Recorders During Public Meetings: All nonflash still cameras and video recorders shall be located at the rear of the room or the sides of the room. Camera placement shall ensure that no member of the public is blocked from viewing the meeting. To protect public safety, no cameras, tripods, or crews may be permitted in any exit path, pathway, or aisle, and cords may not be run across any pathway, aisles, or exits unless permitted by the public body.
2. No Photography Or Video Recording Of Materials: Photographing or video recording of materials that are not public under GRAMA is not allowed.
3. No Additional Lighting: Additional lighting to facilitate photography or video recording shall not be allowed unless permitted by the public body.
4. Quiet Operation Of Cameras And Video Recorders Required: A person may not operate nonflash still cameras or video recorders during a public meeting that creates an excessive noise that disturbs members of the public body or other persons attending the public meeting.
E. Waiver: A public body, upon request and by a majority vote, may waive any provision of this section if it finds that the public meeting over which it presides will be conducted in an orderly manner despite the waiver. (Ord. 02-16-2016A, 2-16-2016)
F. Disruptive Conduct; Wilful Disruption Of Public Meeting; Removal:
1. Disruptive Conduct: A person attending a public meeting may not engage in any conduct, including visual demonstrations such as the waving of placards, signs, or banners, or filming or photographing a person who has stated a desire to not be filmed or photographed, or any other conduct that disrupts the public meeting or that interferes with the right of members of the public to attend, observe, and participate in the public meeting.
2. Wilful Disruption Of Public Meeting; Removal: Pursuant to Utah Code Annotated sections 52-4-5(3) and 10-3-608, or successor sections, a person who wilfully disrupts a public meeting to the extent that orderly conduct is seriously compromised may be removed from the public meeting by order of the presiding officer, or in the case of city council meetings, by a two-thirds (2/3) vote of the city council. The presiding officer may request police assistance to restore order.
3. Recess: The presiding officer may recess the public meeting while order is restored.
G. Electronic Meetings Authorized: This section shall not act to prohibit or otherwise restrict the city's right to conduct electronic meetings as authorized by Utah Code Annotated section 52-4-7.8, or a successor provision.
H. Law Enforcement And Emergency Services Agencies Unaffected: The prohibitions and restrictions of this section shall not apply to law enforcement agencies or emergency service providers. (Ord. 8-2-2005A, 8-2-2005)