[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:
A.
RECORDING DEVICES
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.
[1]
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.
A.
The following rules and regulations shall be uniformly
applied to all persons attending any meeting of the Township:
(1)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
B.
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.
