ORDINANCE #_____-2014

AN ORDINANCE OF THE BOROUGH OF

HELMETTA ESTABLISHING CHAPTER 43 OF THE
CODE OF THE BOROUGH OF HELMETTA
ENTITLED TAKING OF PHOTOGRAPHS AND
VIDEO INSIDE PUBLIC BUILDINGS

WHEREAS, the Borough recognizes that the taking of photographs and video
inside public buildings may raise certain concerns of public importance including, but not
necessarily limited to, violation of privacy rights of employees, breach of government
security, or the interference with the normal course of business operations; and

WHEREAS, the Borough acknowledges that private individuals may, in certain
circumstances, have rights to take photographs or video in public places; and

WHEREAS, these public and private rights should be balanced in determining
the course of conduct to be permitted with regards to the taking of photographs and video
inside public buildings in the Borough; and

WHEREAS, the Borough Council wishes to amend the Borough Code in order to
establish a Borough ordinance regarding the taking of photographs and video inside
public buildings.

NOW, THEREFORE, BE IT ORDAINED, by the Borough Council of the
Borough of Helmetta, County of Middlesex, and State of New Jersey that Chapter 43 of
the Borough Code is hereby established as follows:

Chapter 43 Taking of Photographs and Video Inside Public Buildings.

43-1. Application for a permit.

A. Any individual or entity desiring to take photographs or video on the interior
of any public building in the Borough, shall first apply to the Borough Clerk,
on a form approved by the Borough, for a photography/video permit. Such
application shall be approved by the Borough provided that the activity
described in the permit, in the discretion of the Borough, will not result in
any of the prohibited conduct set forth as follows:

(1) The permit holder shall not obstruct or impair any Borough employee
from carrying out his or her duties, or interfere with the normal
course of Borough business operations.
(2) The permit holder shall not obstruct the investigation or prosecution
of a crime by any member of the Helmetta Police Department.

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(3) The permit holder shall respect the privacy rights of Borough
employees by refraining from taking photographs or video of any
Borough employee which does not consent thereto.
(4) During the course of taking photographs or video, the permit holder
shall not harass, intimidate or threaten any person, including
Borough employees, Borough officials, or private citizens.
(5) In order to ensure security measures of the Borough, the permit
holder shall not take photographs or video of any object or activity
located in an area designated as private or restricted, and shall not
take photographs or video of any door lock, alarm, or security system
or device located inside or outside of Borough property.

B. Once issued a photography/video permit, the permit holder shall be limited
to the activity as described in the approved permit. If at any time the permit
holder engages in the taking of photographs or video inconsistent with the
approved the permit, or if the permit holder engages in any of the prohibited
conduct as set forth in subsection A above, the permit shall be revoked and
the permit holder shall be deemed in violation of this Chapter.

43-2. Exceptions.

A. Notwithstanding the above, this Chapter does not apply to the taking of
photographs or video at any meetings which are held in accordance with the
Open Public Meetings Act.
B. Borough employees who take photographs or video as part of performing
their official duties are exempt from this provisions of this Chapter.

43-3. Violations and penalties.
Any person violating any provision of this Chapter shall, upon conviction, be
subject to:

A. A fine, the amount of which shall be within the discretion of and fixed by the
Municipal Court Judge and which in no case shall be greater than $2,000 per
violation; or

B. A period of community service not to exceed 90 days; or

C. Imprisonment in the county jail for a term not to exceed 90 days.

43-4. Enforcement.
Once a permit is issued pursuant to this Chapter, a copy thereof shall be sent by the
Borough Clerk to the Helmetta Police Department. The Helmetta Police
Department shall be the enforcing agent of this Chapter.



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BE IT FURTHER ORDAINED, that if any section, paragraph, subsection,
clause or provision of this Ordinance shall be adjudged by the courts to be invalid, such
adjudication shall apply only to the section, paragraph, subsection, clause or provisions
so adjudicated, and the remainder of the Ordinance shall be deemed valid and effective;
and

BE IT FURTHER ORDAINED, that any ordinances or parts thereof in conflict
with the provisions of this Ordinance are repealed to the extent of such conflict; and

BE IT FURTHER ORDAINED, that this Ordinance shall take effect upon
passage and publication in accordance with applicable law.

BOROUGH OF HELMETTA COUNCIL

BOROUGH OF HELMETTA
NOTICE OF PUBLIC HEARING
ORDINANCE NO. 2014-___

AN ORDINANCE OF THE BOROUGH OF
HELMETTA ESTABLISHING CHAPTER 43 OF THE
CODE OF THE BOROUGH OF HELMETTA
ENTITLED TAKING OF PHOTOGRAPHS AND
VIDEO INSIDE PUBLIC BUILDINGS

The foregoing Ordinance was introduced and passed on first reading by the governing
body of the Borough of Helmetta at a meeting held on , 2014 and will be
considered for final passage after a public hearing at a meeting of the said governing
body to be held on , 2014 at the Borough of Helmetta Municipal Building, 60
Main Street, Helmetta, New Jersey, at 7:00 p.m. prevailing time, at which time any
interested member of the public may comment on said Ordinance. During the week prior
to and up to and including the date of such meeting or further consideration, copies of
said Ordinance in its entirety may be obtained from the Municipal Clerk.


ATTEST: _______________________________________________
SANDRA BOHINSKI, MUNICIPAL CLERK



BOROUGH OF HELMETTA
NOTICE OF FINAL PASSAGE
ORDINANCE NO. 2014-___


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AN ORDINANCE OF THE BOROUGH OF
HELMETTA ESTABLISHING CHAPTER 43 OF THE
CODE OF THE BOROUGH OF HELMETTA
ENTITLED TAKING OF PHOTOGRAPHS AND
VIDEO INSIDE PUBLIC BUILDINGS

Notice is hereby given that Ordinance No. 2014- as entitled above has been finally
adopted on final reading by the governing body of Borough of Helmetta after a public
hearing, at a meeting held on , 2014. Said Ordinance shall take effect
in accordance with law.

ATTEST: ________________________________________________
SANDRA BOHINSKI, MUNICIPAL CLERK