[Added 2-21-2012 by Ord. No. 02-2012]
A. 
The City of Burlington hereby determines to install and utilize a traffic control signal monitoring system ("system") at various intersections within the City of Burlington as may be approved by the Commissioner of Transportation pursuant to N.J.S.A. 39:4-8.12, et seq.
B. 
The System to be installed shall be approved by the Common Council by resolution.
C. 
The City of Burlington shall have the authority to enter into a contract, following a lawful procurement process, for the installation of the System. Any contract shall conform or be modified as to conform to the Act.[1]
[1]
Editor's Note: According to the preamble of Ord. No. 02-2012, the "Act" refers to P.L. 2007, Chapter 348. See N.J.S.A. 39:4-8.12 et seq.
D. 
Signs shall be created and erected by the City of Burlington, and shall be approved by the Municipal Engineer, notifying drivers that the System is being utilized at specific locations within the City. Such signs shall be placed on each street converging into the affected intersection as required by the Act.
E. 
A vendor contracting with the City concerning the installation and use of a System 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 certain information required under the Act.
F. 
The Municipal Engineer shall inspect and certify the System at least once every six (6) months from the date of its installation until the end of the Pilot Program, unless extended by the NJDOT.
The Police Department of the City of Burlington shall review the recorded images produced by the System to determine whether sufficient evidence exists to conclude that a traffic control signal violation had occurred and shall issue, within 90 days from the date on which the violation occurred, a summons when appropriate to be served by a law enforcement 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 the Act.
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 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 alleged traffic control signal violation, all recorded images and any information collected with respect to the alleged traffic control signal violation shall be purged by the Police Department within three days.
A. 
The owner and operator of a motor vehicle shall be held jointly liable for a traffic control signal violation summons issued pursuant to the article subject to provisions of this Act.
B. 
Any person liable for a traffic control signal violation, pursuant to the article and the Act, as determined by use of the System, shall be subjected to such fines as determined by New Jersey State Statute; the Administrative Office of the Court and/or the Municipal Court of the City of Burlington.
C. 
Unless modified by the Legislature or the NJDOT, 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 the Act.
D. 
Whenever use of the System results in the collection of a fine for violating N.J.S.A. 39:4-81 (failure to obey instructions of any official traffic control device), the full amount of such fine assessed by the Municipal Court, less any acceptable fees due, shall be paid to the City of Burlington Financial Officer.
The City, if approved to participate in the Pilot Program, shall submit reports every 12 months after the system has been installed to the Commissioner of Transportation detailing increases or decreases in violations and accidents at intersections where the system has been installed.