[Adopted 10-17-2011 by Ord. No. 1461-2011]
As used this in article, the following terms shall have the meanings indicated:
ACT
P.L. 2007, Chapter 348, codified at N.J.S.A. 39:4-8.12 et seq.
RECORDED IMAGE
A digital image recorded by a traffic control signal monitoring system.
SUMMONS
A citation alleging a violation of a traffic control signal.
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.
TRAFFIC CONTROL SIGNAL MONITORING SYSTEM
A. 
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:
(1) 
High-resolution color digital recorded images that show:
(a) 
The traffic control signal while it is displaying a red light;
(b) 
A motor vehicle unlawfully entering and continuing through the intersection while the traffic control signal is displaying a red light; and
(c) 
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
(2) 
A video recording of the violation that shows the violation occurring.
B. 
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.
(1) 
At least one of the digital color images shall contain the following:
(a) 
The scene of the location where the violation occurred;
(b) 
The violating motor vehicle;
(c) 
The license plate numbers, letters and issuing jurisdiction;
(d) 
The day, month and year of the violation;
(e) 
The time of the violation in hours, minutes and seconds;
(f) 
The amount of time that had passed between the time the light turned red and the violation occurred; and
(g) 
The frame sequence code.
(2) 
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:
(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 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.