[Adopted 10-17-2011 by Ord. No. 1461-2011]
As used this in article, the following terms shall have the
meanings indicated:
P.L. 2007, Chapter 348, codified at N.J.S.A. 39:4-8.12 et
seq.
A digital image recorded by a traffic control signal monitoring
system.
A citation alleging a violation of a traffic control signal.
A device, whether manually, electrically, mechanically or
otherwise controlled, by which traffic is alternatively directed to
stop and to proceed, and which has been approved by the Commissioner
of Transportation in accordance with the Manual on Uniform Traffic
Control Devices for Streets and Highways.
An integrated system or device utilizing a camera, or a multiple-camera
system, and vehicle sensors which work in conjunction with a traffic
control signal and is capable of producing:
High-resolution color digital recorded images that show:
The traffic control signal while it is displaying a red light;
A motor vehicle unlawfully entering and continuing through the
intersection while the traffic control signal is displaying a red
light; and
A portion of the rear of the motor vehicle unlawfully in the
intersection sufficient to clearly reveal the vehicle's license plate
and the make and model of the vehicle; and
A video recording of the violation that shows the violation
occurring.
A digital camera may be used as part of a traffic control signal
monitoring system, provided the violation images are captured by a
digital camera, or a multiple-camera system, which produces a set
of at least two images for each violation.
At least one of the digital color images shall contain the following:
The scene of the location where the violation occurred;
The violating motor vehicle;
The license plate numbers, letters and issuing jurisdiction;
The day, month and year of the violation;
The time of the violation in hours, minutes and seconds;
The amount of time that had passed between the time the light
turned red and the violation occurred; and
The frame sequence code.
This information shall be imprinted along the bottom or top
edge of the image frame so as not to obstruct the violation image.
A.
The Borough of Edgewater hereby determines to install and utilize
a traffic control signal monitoring system ("system") at various intersections
within the Borough of Edgewater with the approval of 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 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 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.
F.
Any vendor with whom the Borough has entered into a contract concerning
the installation and use of a traffic control signal monitoring system
pursuant to the Act shall establish a public awareness campaign to
notify the public of the intersection 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 the information required under this subsection.
Subject to the approval of the Commissioner of Transportation
pursuant to the Act, traffic control signal monitoring systems may
be placed at the following locations:
Roadway
|
Intersection
|
Direction
|
---|---|---|
River Road
[Added 6-18-2012 by Ord. No. 1472-2012] |
Archer Street
|
Both
|
River Road
[Added 6-18-2012 by Ord. No. 1472-2012] |
Dempsey Avenue
|
Both
|
River Road
[Added 6-18-2012 by Ord. No. 1472-2012] |
Edgewater Commons
|
Both
|
River Road
[Added 6-18-2012 by Ord. No. 1472-2012] |
Glenwood Avenue
|
Both
|
River Road
[Added 6-18-2012 by Ord. No. 1472-2012] |
Gorge Road
|
Both
|
River Road
|
Hilliard Avenue
|
Both
|
River Road
[Added 6-18-2012 by Ord. No. 1472-2012] |
NJ Route 5
|
Both
|
River Road
[Added 6-18-2012 by Ord. No. 1472-2012] |
Old River Road
|
Both
|
River Road
[Added 6-18-2012 by Ord. No. 1472-2012] |
Orchard Street
|
Both
|
River Road
[Added 6-18-2012 by Ord. No. 1472-2012] |
Russell Avenue
|
Both
|
River Road
[Added 6-18-2012 by Ord. No. 1472-2012] |
Thompson Lane
|
Both
|
The Police Department of the Borough of Edgewater 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 consistent with and for the purpose of discharging
his or her duties under P.L. 2007, Chapter 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:
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 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 business days.
E.
The Borough of Edgewater shall certify compliance of this section
by filing a report with the Commissioner of Transportation in accordance
with the Act.
A.
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.
B.
Notwithstanding anything in this section to the contrary, 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 article and
the Act 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.
A.
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:
(1)
Violation: $85.
B.
In no case shall motor vehicle points or automobile insurance eligibility
points pursuant to Section 26 of P.L. 1990, c. 8 (N.J.S.A. 17:33B-14)
be assessed against any person for a violation occurring under the
provisions of this article.