[Added 10-19-2010 by Ord. No. 1560]
A. 
The Borough of Palisades Park hereby determines to install and utilize a traffic control signal monitoring system ("system") at the following intersections:
(1) 
Route US 46 Eastbound ramp to Broad Avenue; and
(2) 
Bergen Boulevard and Edsall Boulevard in the Borough of Palisades Park as approved by the Commissioner of Transportation on September 14, 2010.
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[1] shall not be deemed invalid but rather reformed to conform to the Act.
[1]
Editor's Note: "Act" refers to P.L. 2007, Chapter 348, according to the preamble of Ord. No. 1560; a complete copy of the ordinance is on file in the Borough offices.
D. 
The signs notifying drivers that a system is being utilized shall be approved by the Borough Engineer and shall be placed on each street converging into the affected intersection as required by the Act.
E. 
The Borough Engineer shall inspect and certify the system at least once every six months from the date of its installation.
The Police Department of the Borough of Palisades Park 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.
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 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 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 40 business 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 two business days.
E. 
The Borough of Palisades Park shall certify compliance of this section by filing a report with the Commissioner of Transportation in accordance with the Act.[1]
[1]
Editor's Note: "Act" refers to P.L. 2007, Chapter 348, according to the preamble of Ord. No. 1560; a complete copy of the ordinance is on file in the Borough offices.
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.[1]
[1]
Editor's Note: "Act" refers to P.L. 2007, Chapter 348, according to the preamble of Ord. No. 1560; a complete copy of the ordinance is on file in the Borough offices.
Any person liable for a traffic control signal violation, pursuant to the article and the Act, utilizing the system shall be subject to a fine of $85 as determined by the Statewide Violations Bureau Schedule for failure to observe a traffic signal. Pursuant to N.J.S.A. 39:4-81, this amount is subject to increases should the Statewide Violations Bureau Schedule be changed, without the need for further amendments to this article.