[Added 9-19-2011 by Ord. No. 11-19]
A.
The Township of North Brunswick hereby determines to install and
utilize a traffic control signal monitoring system ("system") at various
intersections within the Township of North Brunswick 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 North Brunswick has entered 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.
A law enforcement official of the Township of North Brunswick
Police Department shall review the recorded images produced by the
traffic control signal monitoring system to determine whether sufficient
evidence exists demonstrating that a traffic control signal violation
has occurred. If determined a violation occurred, the law enforcement
official shall issue a summons, within 90 days from the date on which
the violation occurred.
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 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
90 days, all recorded images and information collected pertaining
to that alleged violation shall be purged within three days.
D.
The Township of North Brunswick shall certify compliance of this
section by filing a report to 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.
The fine for any person liable of a violation of N.J.S.A. 39:4-81,
the evidence of which was captured by a traffic control signal monitoring
system, shall be assessed by the Municipal Court.
Notwithstanding the provisions of N.J.S.A. 39:5-41, in the case
of a violation of N.J.S.A. 39:4-81, the evidence of which was captured
by a traffic control signal monitoring system installed pursuant to
Section 3 of P.L. 2007, c. 348 (N.J.S.A. 39:4-8.14), the full amount
of a fine assessed by a municipal court shall be paid to the financial
officer of the municipality in which the offense occurred, unless
the governing body of the county has elected to pay 1/2 of the cost
of the installation, maintenance, and administration of the traffic
control signal monitoring system, in which case, 1/2 of the fine amount
shall be distributed to the financial officer of the county where
the offense occurred. Any change in this distribution of revenue shall
be applicable only to fines attributable to complaints filed with
the Municipal Court after the date on which applicable notice under
Subsection b[1] of this section shall have been received by the administrative
office of the courts.
[1]
Editor's Note: "Subsection b" here refers to Subsection b
of N.J.S.A. 39:4-8.20.
