[Added 7-17-2012 by Ord. No. 1444]
A.
The Borough of Dumont hereby determines to install and utilize a
traffic control signal monitoring system ("system") at various intersections
within the Borough of Dumont as approved by the Commissioner of Transportation
pursuant to the Act.[1]
[1]
Editor's Note: "The Act" refers to N.J.S.A. 39:4-8.12 et seq.
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.
The Police Department of the Borough of Dumont 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.
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 Dumont shall certify compliance with this section
by filing a report to with 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.
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:
A.
Violation: $85.