Ordinance No. 10-26

Introduced: November 15, 2010
Public Hearing: December 16, 2010
Status: Adopted

An ordinance of the Township of Vernon, County of Sussex, State of New Jersey, to modify Chapter 250 of the code of the Township of Vernon regarding records fees

WHEREAS, N.J.S.A. 47:1A-5B, which sets forth the copy fee schedule applicable to the duplication of government records requested pursuant to Open Public Records Act (OPRA), was recently amended; and

WHEREAS, N.J.S.A. 47:1A-5B provides in part that “[e]xcept as otherwise provided by law or regulation, the fee assessed for the duplication of a government record embodied in the form of printed matter shall be $0.05 per letter size page or smaller, and $0.07 per legal size page or larger”; and

NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Township of Vernon, County of Sussex, and State of New Jersey, that the Code of the Township of Vernon is hereby modified as follows:

SECTION I Section 250-9(C) of the Code of the Township of Vernon is hereby replaced as follows:

§250-9 (C). Receptionist and Township Miscellaneous; Copies.

A copy or copies of a government record may be purchased by any person upon payment of the fee prescribed by law or regulation. Except as otherwise provided by law or regulation, the fee assessed for the duplication of a government record embodied in the form of printed matter shall be $0.05 per letter size page or smaller, and $0.07 per legal size page or larger. A special service charge shall be imposed, in addition to the actual cost of duplicating the record, with the nature, format matter, collation, or volume of printed matter is such that it cannot be produced 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. The requester shall have the opportunity to review and object to this special service charge prior to it being incurred.

SECTION II Section 250-9(D) of the Code of the Township of Vernon pertaining to facsimile copy fees is hereby deleted in its entirety.

SECTION III Sections 250-11 (4-9) of the Code of the Township of Vernon are hereby deleted in their entirety and replaced as follows:

§250-11 (4). Police.

  1. Except in the case of a request for a motor vehicle accident report not made in person, the fee assessed for the duplication of government record embodied in the form of printed matter shall be $0.05 per letter size page or smaller, and $0.07 per legal size page or larger.
  2. In the event a citizen of this State requests a copy of a motor vehicle accident report in any manner other than in person, an additional fee of up to $5.00 may be added to cover the administrative costs of the report in addition to the cost of copying the report as set forth in subsection (a).

SECTION IV Severability. The various parts, sections and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.

SECTION V Repealer. Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed as to their inconsistencies only.

SECTION VI This Ordinance shall take effect upon final passage and publication.