(a) Definitions. As used in this chapter, the following terms shall have the meaning indicated:
(1) Public Meeting: Any gathering in the Village of Peninsula, whether corporal or by means of communication equipment; which is attended by, or open to, all members of a political body, held with the intent, on the part of the members of the body present, to discuss or act as a unit upon the specific public business of that body.
(2) Municipal Facility: Any building owned, leased or otherwise occupied, or used by the Village of Peninsula in which official municipal business is conducted.
(b) Still Photography and Video Taping at Public Meetings.
(1) Equipment and personnel.
A. Not more than two (2) portable video electronic cameras, operated by no more than one (1) person each, shall be permitted at any public meeting of the Village Council provided the operator does not occupy more space than any other citizen.
B. Not more than two (2) still photographers utilizing not more than two lenses for each camera which camera is silent, inoffensive and unobtrusive and related equipment for print purposes shall be permitted at any public meeting of the Village Council.
C. Sound and Light Criteria.
1. Only videotape cameras and audio equipment used in conjunction with the video camera, which does not produce distracting sound, or light, shall be employed to cover public meetings of the Village Council. No artificial lighting device of any kind shall be employed in connection with the use of videotape equipment.
2. Only still camera equipment, which does not produce sound or light, shall be employed to cover public meetings of the Village Council. No artificial lighting of any kind shall be employed in connection with a still camera.
D. Notice.
1. When an individual is seeking permission to videotape, photograph, audio tape or digitally record the public meeting, he/she shall give notice to the Fiscal Officer prior to the close of business on the day of the meeting.
2. Permission to videotape or photograph the public meeting shall be granted on a “first come, first serve” basis, subject to compliance with the provisions contained in these guidelines.
E. Location of Equipment and Personnel.
1. Videotape camera(s) shall be placed upon the stage at the rear of the meeting room. The specific location(s) shall be designated by the Mayor. The area(s) shall provide a generally clear view of the proceedings by the camera. The person videotaping the public meeting shall not move about the meeting room while the public meeting is being held. The cameras are to be located so they film or record the Council, Board and employees of the Village of Peninsula only.
2. Still camera photographers shall be positioned in an inconspicuous corner of the meeting room towards the rear. The specific location(s) shall be designated by the Mayor, and may be relocated as conditions warrant. Still camera photographers shall assume fixed positions within the designated area and once the photographers are positioned such photographers shall not be permitted to move about in any way as to attract attention through further movement. Still photographers shall not be permitted to move about the meeting room to photograph the public meeting nor may they film or photograph attendee’s to the meeting without their prior consent.
(2) Movement of equipment during proceedings. Videotaping and related audio equipment and still camera equipment shall not be placed in or removed from the meeting room except prior to commencement and after adjournment of the public meeting or during a recess.
(3) Special provisions. Upon the request of a member of the public body who desires to discuss a personal matter with the Council, the Mayor may direct that the audio/video taping be interrupted when an audio/video recording could be embarrassing or humiliating if played at a later time.
(c) Audio Taping of Public Meetings. In addition to photography and videotape recording of public meeting an individual may tape record a public meeting subject to the restrictions of subsection (d) hereof and with the following conditions:
(1) Notice shall be given to the Fiscal Officer prior to the close of business on the day of the meeting for which the individual is seeking permission to record the public meeting by means of audiotape.
(2) The recording device shall be unobtrusive, limited to the size-category commonly known as hand-held, mini-cassette or standard portable cassette. It shall be placed in an appropriate position and may not be moved in any way as to attract attention.
(3) The recording device shall not produce distracting sound, either from the equipment or its operation. The tape may not be rewound or played back while the meeting is in session.
(4) The Mayor may order that the tape recording cease at any time he/she determines that the equipment or its operation is interfering with the proceedings.
(d) Prohibitions.
(1) Meetings or portions of meetings, which are permitted by law to be closed to the public shall not be videotaped, photographed, audio taped or digitally recorded.
(2) During the conduct of a public meeting, including an executive session, photographs may be taken and video/audio tape recording(s) made in the corridor immediately outside the meeting room with the express permission of the Mayor only.
(3) To protect the attorney-client privilege there shall be no audio taping of conferences, which occur at a public meeting or in a public facility between the Village Solicitor or special counsel and any member of the Village Council, the Fiscal Officer or any officer or employee of the Village.
(4) No recording, whether audio or video, may be used in any court proceeding, nor may the same be used to contest the accuracy or the official record of the Village Council. The recording(s) may not be represented as an official transcript in any manner and/or for any purpose.
(e) Duplication of Videotapes and Photographs.
(1) Upon completion of videotaping or other recording of a public meeting, the Mayor or Fiscal Officer may request a copy of the videotape or other document from the citizen creating the recording and same shall be supplied to the Village of Peninsula at the Mayor’s request. The copy must be supplied by the citizen within 30 (thirty) calendar days after the request is made. Upon request by a member of the Village Council, the Mayor shall provide a Council Member with a copy of any videotaping or other recording upon receipt of a written request. Copies of any videotape duplicated on behalf of the Village Council shall be retained as required by law and made available to the general public upon request subject to payment of the cost of duplication.
(2) If the Mayor or Fiscal Officer does not request the original videotape for duplication, the citizen who made the videotape recording shall maintain the original tape for a period of one year and during that time period shall provide a copy of the videotape, certified to be undeleted and unabridged, to the Village Council or member of the public upon request for the cost of duplication. Copies of any videotape provided to the Village Council under this paragraph shall be retained as required by law and be made available to the general public upon request subject to the cost of duplication.
(3) The photographer at any public meeting shall maintain the negatives or electronic originals for a period of one year and shall during that time period, if so requested, provide duplicates of the photographs to the Mayor, Fiscal Officer or member of the public, upon request subject to payment of the cost of duplication. In lieu of providing copies, if so requested, the photographer may provide negatives or electronic originals of the photographs to the Village Council. The Village Council shall retain the photographs as required by law and make available to the general public duplicates of any photographs for which it has either copies or the negatives or electronic originals subject to payment of the cost of duplication.
(f) Enforcement.
(1) The Village of Peninsula Police Department, and the Mayor, shall be the enforcement agents of this section. The Mayor shall, at his discretion, declare an individual to be in violation of this section. He shall issue a verbal or written warning to the individual stating the grounds for their violation and demanding an immediate cessation of the offending behavior. In the event that a warning has been issued and the offending individual does not immediately discontinue his or her offending behavior, the Mayor shall provide for the removal of the offending individual by ordering an officer of the Peninsula Police Department to extricate the offending person from the public hearing by any and all means necessary. Subsequently the offending individual shall be subject to the penalties outlined in subsections 1 and 2 of this Article, as they may apply, as well as any other criminal or civil penalties to which their actions may also subject them.
Penalty Clause 1: FOR THE FIRST VIOLATION OF THIS ORDINANCE, THE VIOLATOR WILL NOT BE PERMITTED TO ENGAGE IN STILL PHOTOGRAPHY, VIDEO TAPING OR AUDIO TAPING OF A PUBLIC MEETING FOR A PERIOD UP TO SIX- MONTHS FROM THE DATE OF THE OFFENSE.
Penalty Clause 2: FOR EACH ADDITIONAL VIOLATION OF THIS ORDINANCE, THE VIOLATOR WILL NOT BE PERMITTED TO ENGAGE IN STILL PHOTOGRAPHY, VIDEO TAPING OR AUDIO TAPING OF A PUBLIC MEETING FOR A PERIOD UP TO ONE YEAR, AS DETERMINED FROM THE DATE OF THE OFFENSE.
(2) In the event that an individual is warned under Section A, Article 4 of this Ordinance and subsequently penalized under Penalty Clause 1 or 2 of Section A, Article 4 of the same; and said individual wishes to contest the grounds for his or her removal, that individual must file an appeal with the Council within thirty calendar days from the effective date of his or her removal. Failure to contest the removal order in a timely fashion shall be considered a waiver of all valid disputes and contests related to this ordinance. For the calculation of a valid waiver, calendar days shall exclude weekends and government holidays recognized by the Village, the State of Ohio and the Federal Government.
(3) A Removal Order shall be contested in a public hearing before the Village Council, which shall hear the matter en banc. The Village Council shall conduct the hearing within ninety days of a timely filed appeal, which shall be properly tendered to the Village Clerk of Courts. The matter shall be heard before no less than a majority of duly elected Village Council Members. The Village Solicitor shall present any evidence of disruptive conduct alleged by the Mayor or his agents and shall bear the burden of proof and production for the same. The individual warned and sanctioned shall then have the opportunity to dispute the same conduct by providing evidence to the contrary in a fair and open hearing before the Council. The Village Council, by majority vote, shall determine to a quantum of proof by the preponderance of the evidence, whether the warning was well taken and subsequently whether the penalty should be imposed.
(4) This is an administrative penalty only. It does not bear with it the imprimatur of a criminal or civil sanction and shall not be so construed.
(Ord. 24-2011. Passed 6-13-11.)