Borough of Paramus, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Paramus 4-29-2008 by Ord. No. 08-14. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 419.
The Borough of Paramus shall install a traffic control signal monitoring system within the Borough. The system shall provide for the installation of monitoring devices within the Borough at intersections designated by the Borough and approved by the Commissioner of Transportation of the State of New Jersey as required by law. Said system shall provide for the installation of traffic signal monitoring devices designed to enable a Borough Police Officer to issue a summons pursuant to this chapter for a violation of a traffic signal. Said system shall comply with the provisions of N.J.S.A. 39:4-8.12 et seq.
The traffic control signal monitoring system shall be installed, maintained and operated by such company as is granted a concession to operate the system by the Borough following a lawful procurement process awarding said concession. Said concession shall be awarded by resolution of the Mayor and Council authorizing the execution of a contract between the Borough of Paramus and such company as is awarded the concession. Said contract shall be contingent upon the approval of the traffic signal control monitoring system by the Commissioner of Transportation of the State of New Jersey.
Traffic control signal monitoring devices shall be installed at such locations following the completion of a study by the company selected to install said devices. Said study shall take into consideration data which indicate that the intersection or intersections in question have a high number of violations of the traffic control signals, and any additional safety data the Borough deems appropriate. The traffic control signal monitoring system shall provide for the installation of devices at intersections approved by the Borough Engineer. The Borough Engineer shall also provide a written certification for all intersections at which a traffic control signal monitoring device will be placed certifying that:
A. 
The intersection or intersections in question have a minimum duration of the amber light at the traffic control signal of three seconds if at least 85% of the vehicular traffic approaching the signal is traveling at a speed of 25 miles per hour or less; and
B. 
For each five-mile increase in the speed of vehicular traffic referred to in Subsection A of this section above 30 miles per hour, this minimum duration of the amber light shall be increased by one-half second.
The company installing the traffic control signal monitoring system shall comply with state statutory requirements providing that "a sign notifying drivers that such a monitoring system is being utilized shall be placed on each street converging into the affected intersection. The sign shall be of a design and placed in accordance with specifications approved by the municipal engineer. The specifications so approved shall conform with the uniform system set forth in the "Manual on Uniform Traffic Control Devices for Streets and Highways."
Any traffic control signal monitoring system installed pursuant to this chapter shall be inspected and certified at least once every six months by the Borough Engineer from the date of its installation for the duration of the five-year pilot program prescribed by P.L. 2007, c. 348 (N.J.S.A. 39:4-8.12 et seq.).
Summonses issued as a result of a violation confirmed by a traffic signal monitoring device shall comply with the following provisions:
A. 
A law enforcement official of the Borough shall review the recorded images produced by the traffic control signal monitoring system. In conducting such review, the law enforcement official shall determine whether there is sufficient evidence to conclude that a traffic control signal violation has occurred and shall issue a summons where it is deemed appropriate.
B. 
A traffic control signal violation summons issued pursuant to a traffic control signal monitoring device shall be served by a law enforcement official in accordance with the Rules of Court.
C. 
The recorded images produced by the traffic control signal monitoring system shall be available for the exclusive use of any law enforcement official for the purposes of discharging the official's duties pursuant to P.L. 2007, c. 348 (N.J.S.A. 39:4-8.12 et seq.). Any recorded image or information produced in connection with the traffic control signal monitoring system shall not be deemed a public record under P.L. 1963, c. 73 (N.J.S.A. 47:1A-1 et seq.), or the common law concerning access to public records. The recorded images shall not be 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, nor shall they be offered in evidence in any civil or administrative proceeding not directly related to a traffic control signal violation. Any recorded image or information produced in connection with the traffic control signal monitoring system pertaining to a specific violation shall be purged and not retained later than 60 days after the collection of any fine or penalty. If a law enforcement official does not issue a summons for a traffic control signal violation within 40 business days, all recorded images and information collected pertaining to that alleged violation shall be purged within two business days. Any municipality operating a traffic control signal monitoring system shall certify compliance with this subsection in the report required to be filed with the Commissioner of Transportation pursuant to § 6 of P.L. 2007, c. 348 (N.J.S.A. 39:4-8.17).
D. 
The owner and operator shall be jointly liable for a traffic control signal violation summons issued pursuant to a traffic control signal monitoring device installed pursuant to this chapter unless the owner can show that the vehicle was used without his consent, express or implied. An owner who pays any fine, penalty, civil judgment, costs or administrative fees in connection with a traffic control signal violation issued pursuant to a traffic control signal monitoring system shall have the right to recover that sum from the operator in a court of competent jurisdiction.
E. 
The owner of a motor vehicle who is a lessor shall not be liable for a traffic control signal violation summons issued pursuant to this chapter when the motor vehicle is under the control or in the possession of the lessee if, upon notice of a traffic control signal violation, the owner of the motor vehicle which was leased at the time of the offense notifies the clerk of the court where the case is pending, by an affidavit, of the name and address of the lessee. The affidavit shall be in a form prescribed by the Administrative Director of the Courts. After providing the name and address of the lessee, the owner shall not be required to attend a hearing of the offense, unless otherwise notified by the court.
F. 
In no case shall motor vehicle points or automobile insurance eligibility points pursuant to § 26 of P.L. 1990, c. 8 (N.J.S.A. 17:33B-14) be assessed against any person for a violation issued pursuant to this chapter.
G. 
It shall not be a defense to any traffic control signal violation that the signs required to be posted pursuant to Subsection c of § 3 of P.L. 2007, c. 348 (N.J.S.A. 39:4-8.14), notifying drivers that a traffic control signal monitoring system is being utilized, are not posted or are improperly posted.
The Borough shall submit reports every 12 months after the installation of any traffic control signal monitoring system installed pursuant to this chapter to the Commissioner of Transportation detailing increases or decreases in violations and accidents at intersections where traffic control signal monitoring systems have been installed.
Any person found to have committed a traffic violation covered by the provisions of this chapter and N.J.S.A. 39:4-8.12 et seq. shall be required to pay fines in an amount established by the State of New Jersey for such violations. In the event the State of New Jersey does not establish the amount of said fines, any person found to have committed a violation of this chapter or failing to appear in response to a summons issued pursuant to this chapter shall be required to pay the following fines:
A. 
For a violation of a traffic control signal, a fine of $100.
B. 
For failing to appear, a fine of $25.