[Added 8-1-2011 by Ord. No. 2011-08]
A.
The Borough of Berlin hereby determines to install and utilize a
traffic control signal monitoring system ("system") at various intersections
within the Borough of Berlin as approved by the Commissioner of Transportation
pursuant to the Act.[1]
[1]
Editor's Note: As provided by the preamble of Ord. No. 2011-08,
the "Act" refers to P.L. 2007, Chapter 348. See 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 of Berlin 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 Berlin 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 his or her duties
under P.L. 2007, Ch. 348.
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 business 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 two business days.
E.
The Borough of Berlin 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.