[Ord. No. 12-13 § 1]
This section is enacted to encourage drivers to strictly obey
traffic control devices at intersections, facilitating the flow of
traffic and protecting the safety and well-being of motor vehicle
occupants and pedestrians in the Borough of Woodland Park in full
compliance and accordance with the provisions of an act of Legislature
of the State of New Jersey entitled An Act Concerning Traffic Control
Signal Monitoring and supplementing Title 39 of the Revised Statutes,
N.J.S.A. 39:4-8.12, et seq., and in accordance with any rules and
regulations promulgated thereto or to be promulgated by the Commissioner
of Transportation, the Chief Administrator of the Motor Vehicle Commission,
the Superintendent of the State Police and any Rules of Court that
may be adopted by the Supreme Court of New Jersey.
[Ord. No. 12-13 § 2]
It is the intent that all terms, conditions, requirements of
the five (5) year pilot program as established through N.J.S.A. 39:4-8.12,
et al. are specifically incorporated herein.
[Ord. No. 12-13 § 3]
For the purpose of this section words and phrases herein shall
have the same meaning as in N.J.S.A. 39:48.12, et seq., and any rules
and regulations of the Commissioner of Transportation, the Chief Administrator
of the Motor Vehicle Commission, the Superintendent of the State Police
and any Rules of Court that may be adopted by the Supreme Court of
New Jersey promulgated pursuant thereto.
[Ord. No. 12-13 § 4]
a.
The Borough of Woodland Park hereby determines to install and utilize
a traffic control signal monitoring system at various intersections
within the Borough of Woodland Park as approved by the Commissioner
of Transportation pursuant to N.J.S.A. 39:4-8.12, et seq.
b.
The System to be installed shall be approved through a resolution
by the Municipal Council.
c.
The Borough of Woodland Park 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 Borough Engineer, the Superintendent of the Department
of Public Works or his designee and shall be placed on each street
converging into the affected intersection as required by the Act.
The sign shall be of a design and placed in accordance with specifications
approved by the Borough Engineer. The specifications so approved shall
be compliant with the "Manual on Uniform Traffic Control Devices for
Streets and Highways."
e.
The Borough Engineer, the Superintendent of the Department of Public
Works or his designee shall inspect and certify the System at least
once every six (6) months from the date of its installation until
the end of the Pilot Program unless extended by the NJDOT.
f.
The vendor contracting with the Borough, for the installation and
use of a System shall establish a public awareness campaign to notify
the public of the intersection(s) at which the System will be installed
and of the date on which the System will be activated. The public
awareness campaign shall at a minimum utilize electronic and print
media and shall make available electronically on an Internet website
information required under the Act.
[Ord. No. 12-13 § 5]
The Borough of Woodland Park Police Department shall review
the recorded images produced by the System, to determine whether sufficient
evidence exists to conclude that a traffic control signal violation
has occurred and shall issue a Summons when appropriate to be served
by a law enforcement official in accordance with the Rules of the
Court.
[Ord. No. 12-13 § 6]
a.
Except as otherwise provided in this section, the recorded images
produced by the System shall be available for the exclusive use of
the sworn officers of the Woodland Park 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 in N.J.S.A. 47:IA-1 et
seq., or common law. The recorded images shall not be: (i) discoverable
as a public record by any person, entity, or government 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 not be retained after sixty
(60) days following the collection of any fine or penalty.
d.
If a summons is not issued within thirty (30) business days following
the alleged traffic control signal violation, all recorded images
and any information collected with respect to the traffic control
signal violation shall be removed by the Woodland Park Police Department
within five (5) business days.
e.
The Borough of Woodland Park shall certify compliance of section
by filing a report with the Commissioner of Transportation in accordance
with the Act.
[Ord. No. 12-13 § 7]
a.
Upon approval by the State of New Jersey Department of Transportation,
traffic control signal monitoring systems shall be installed and operated
at the following locations:
Browertown Road and Route 46 West
McBride Avenue and Route 46 West
McBride Avenue and Glover Avenue
[Ord. No. 12-13 § 8]
Any amendments, additions or modifications to this list of locations,
shall be by an amending ordinance submitted by the Municipal Council.
[Ord. No. 12-13 § 9]
The owner and operator of a motor vehicle shall be held jointly
liable for a traffic control signal violation summons pursuant to
this ordinance subject to provisions of the Act.
