[Adopted 10-25-11 by Ord.
No. O-2011-025]
A.
The Township of Winslow hereby determines
to install and utilize a traffic control signal monitoring system
("System") at various intersections within the Township of Winslow
as approved by the Commissioner of Transportation pursuant to the
Act.
B.
The System to be installed shall be approved
by the governing body by resolution.
C.
The Township of Winslow 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 (6)months from the date
of its installation.
The Police Department of the Township
of Winslow 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 within ninety (90) days from the date on which the violation
occurred when appropriate which shall be served 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 (i) 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 (ii) 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 be purged
and not retained after sixty (60) days following the collection of
any fine or penalty.
D.
If a summons is not issued within ninety
(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 (3) days.
E.
The Township of Winslow shall certify compliance
with this section by filing a report to 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:
Violation: $85.