Borough of Northvale, NJ Article III Traffic Control Signal Monitoring System

[Added 8-10-2011 by Ord. No. 897-2011]

§ 186-44 Installation; signs; inspections.

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.

§ 186-45 Issuance of a summons.

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.

§ 186-46 Use of recorded images.

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:

(1) Discoverable as a public record by any person, entity, or governmental agency, except upon a subpoena issued by a grand jury or a court order in a criminal matter; or

(2) Offered as evidence in any civil or administrative proceeding not directly related to a traffic control signal violation.

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.

§ 186-47 Owner's and operator's liability.

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.

§ 186-48 Fines.

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.