[Added 8-10-2011 by Ord. No. 897-2011]
A.
The Borough of Northvale hereby determines to install and utilize
a traffic control signal monitoring system ("system") at various intersections
within the Borough of Northvale as approved by the Commissioner of
Transportation pursuant to the Act.[1]
[1]
Editor's Note: "The Act" refers to N.J.S.A. 39:4-8.12 et seq.
B.
The system to be installed shall be approved by the governing body
by resolution.
C.
The Borough shall have the authority to enter into a contract, following
a lawful procurement process, for the installation of the system.
Any contract that shall contain provisions contrary to the Act shall
not be deemed invalid but rather reformed to conform to the Act.
D.
The signs notifying drivers that a system is being utilized shall
be approved by the Municipal Engineer and shall be placed on each
street converging into the affected intersection as required by the
Act.
E.
The Municipal Engineer shall inspect and certify the system at least
once every six months from the date of its installation.
The Police Department of the Borough of Northvale shall review
the recorded images produced by the system to determine whether sufficient
evidence exists demonstrating that a traffic control signal violation
has occurred and shall issue a summons when appropriate in accordance
with the rules of the court.
A.
Except as otherwise provided in this section, the recorded images
produced by the system shall be available for the exclusive use of
the Police Department for the purpose of discharging its duties under
P.L. 2007, Ch. 384.
B.
Any recorded image or information produced in connection with the
system shall not be deemed a public record under N.J.S.A. 47:1A-1
et seq., or common law. The recorded images shall not be:
C.
Any recorded image or information collected in connection with a
traffic control signal violation shall not be retained after 60 days
following the collection of any fine or penalty.
D.
If a summons is not issued within 90 days following the traffic control
signal violation, all recorded images and any information collected
with respect to the traffic control signal violation shall be removed
by the Police Department within three business days.
E.
The Borough of Northvale shall certify compliance of this section
by filing a report with the Commissioner of Transportation in accordance
with the Act.
The liability of the owner and operator of a motor vehicle for
a traffic control signal violation summons pursuant to the system
shall be joint, subject to provisions of the Act.
Any person liable for a traffic control signal violation, pursuant
to this article and the Act, utilizing the system shall be subject
to the following fines:
A.
Violation: $85.