Ottawa County, MI Privacy & Surveillance: Recording & Consent Laws (2026)
Key Facts
- Adopted
- Jan. 25, 2022; effective Feb. 1, 2022
- Governing section
- Code of Ottawa County § 400.5.2.3
- Enforcing agency
- Ottawa County Sheriff and deputies
- Penalty
- Up to 90 days jail or $500 fine
- Exceptions
- Board meetings, authorized court or county proceedings, law enforcement
- Posting requirement
- Clerk/Register posts notice at County Property entrances
Summary
Ottawa County Code § 400.5.2.3 makes it unlawful to photograph, videotape or audio-record any work area, person or proceeding inside a County Building, whether directly or through a phone or drone. The Ottawa County Sheriff enforces the ban as a misdemeanor carrying up to 90 days in jail or a $500 fine. Recording is allowed only in four listed situations, including publicly noticed Board meetings.
400.5.2.3 Whether directly or indirectly through a device such as a drone or phone, the photographing, video recording or audio recording of any work area, person or proceeding inside a County Building is prohibited. The following are exceptions to the preceding prohibitions in this subparagraph: 400.5.2.3.1 Publicly noticed proceedings of the Board or its Committees in its Chambers or in a conference room in a County Building; 400.5.2.3.2 Official court proceedings in a courtroom where the Chief Judge responsible for that Court has expressly authorized the videography, photography, or audio recording; 400.5.2.3.3 Another proceeding in a County Building where the photography, videography or audio recording is expressly authorized by the County Administrator; or 400.5.2.3.4 Any law enforcement or security activities on County Property.
Full Breakdown
The Ottawa County Board of Commissioners adopted this surveillance ordinance under MCL § 46.11(j) on January 25, 2022, effective February 1, 2022, citing interference with county and court personnel from unauthorized videotaping, audio recording and harassment. Section 400.5.2.3 prohibits, directly or indirectly through a device such as a drone or phone, the photographing, video recording or audio recording of any work area, person or proceeding inside a County Building. Four exceptions apply: publicly noticed Board or committee proceedings held in the Chambers or a County Building conference room (400.5.2.3.1); official court proceedings where the Chief Judge has expressly authorized recording (400.5.2.3.2); other County Building proceedings the County Administrator has expressly authorized (400.5.2.3.3); and law enforcement or security activities on County Property (400.5.2.3.4).
The Board separately finds a privacy interest in all County Property except its Chambers during an open meeting, building lobbies and hallways, and outside park areas, when no unconsenting person is present, meaning recording those specific spaces without consent is treated as an invasion of privacy. The Ottawa County Clerk/Register must post the prohibitions at public entrances and on the grounds and parking areas of County Property, though a missing posting does not bar enforcement under § 400.5.3. The Ottawa County Sheriff and deputies enforce the ordinance and may call on local police departments or the Prosecutor for assistance; a deputy with probable cause of a violation issues an Appearance Ticket ordering the recipient into Ottawa County District Court under § 400.5.8.1. Continued violation is declared a nuisance per se under § 400.5.8.2, alongside the misdemeanor charge.
Violations & Fines
Violating § 400.5.2.3 is a misdemeanor under § 400.5.8.2, punishable by up to 90 days in the Ottawa County jail, a fine of up to $500 plus the cost of prosecution, or both at the court's discretion. A Sheriff's deputy may instead issue an Appearance Ticket directing the violator into District Court. Michigan's Surveillance and Wiretapping Act, MCL § 750.539a-j, may be enforced separately for the same conduct, and continued violations are a nuisance per se.
Frequently Asked Questions
Can I film a county commissioner during a public Board meeting?
What happens if I secretly record a county employee at their desk?
Does the ordinance cover police officers doing their jobs?
Where must the rules be posted?
Sources & Official References
Other rules in Ottawa County
Compare Ottawa County to another location·View the Michigan privacy & surveillance overview
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