[Added by [2]Ord. No. 7-2021, 2-23-2021; amended by Ord. No. 44-2023, 1-23-2024]
[1]
Editor's Note: Former Art. XXIX, Municipal Ethics Board, which consisted of § 2-146, Establishment, adopted by Ord. No. 3158, 7-26-1988, as amended, § 2-147, Powers of Municipal Ethics Board, adopted by Ord. No. 3158, 7-26-1988, as amended, § 2-147.1, Establishment of Code of Ethics, adopted by Ord. No. 3312, 10-22-1991, and § 2-147.2, Applicability of Local Government Ethics Law, adopted by Ord. No. 3312, 10-22-1991, was repealed by Ord. No. 10-2023, 4-4-2023.
As used in this article, the following terms shall have the meanings indicated:
DISCRIMINATORY
(a) 
Disparate treatment of any individual(s) because of any real or perceived traits, characteristics, or status as to which discrimination is prohibited under the Constitution or any law of the United States, the Constitution or any law of the State of New Jersey, or the policies of the Township, or because of their association with such individual(s); or
(b) 
Disparate impact on any such individual(s) having traits, characteristics, or status as described in Subsection (a).
DISPARATE IMPACT
An adverse effect that is disproportionately experienced by individual(s) having any traits, characteristics, or status as to which discrimination is prohibited under the Constitution or any law of the United States, the Constitution or any law of the State of New Jersey, or the policies of the Township, than by similarly situated individual(s) not having such traits, characteristics, or status.
MUNICIPAL ENTITY
Any agency, department, bureau, division, or unit of the Township.
SURVEILLANCE DATA
Any electronic data collected, captured, recorded, retained, processed, intercepted, analyzed, or shared by surveillance technology.
SURVEILLANCE TECHNOLOGY
Any electronic surveillance device, hardware, or software that is capable of collecting, capturing, recording, retaining, processing, intercepting, analyzing, monitoring, or sharing audio, visual or digital, location, thermal, biometric, behavioral, or similar information or communications specifically associated with, or capable of being associated with, any specific individual or group; or any system, device, or vehicle that is equipped with an electronic surveillance device, hardware, or software.
(a) 
"Surveillance technology" does not include the following devices or hardware, unless they have been equipped with, or are modified to become or include, a surveillance technology as defined above:
(1) 
Routine office hardware, such as televisions, computers, and printers, that is in widespread public use and will not be used for any surveillance or surveillance-related functions;
(2) 
Parking ticket devices (PTDs);
(3) 
Manually operated, nonwearable, handheld digital cameras, audio recorders, and video recorders that are not designed to be used surreptitiously and whose functionality is limited to manually capturing and manually downloading video and/or audio recordings;
(4) 
Surveillance devices that cannot record or transmit audio or video or be remotely accessed, such as image-stabilizing binoculars or night-vision goggles;
(5) 
Municipal agency databases that do not and will not contain any data or other information collected, captured, recorded, retained, processed, intercepted, or analyzed by surveillance technology; and
(6) 
Manually operated technological devices that are used primarily for internal municipal entity communications and are not designed to surreptitiously collect surveillance data, such as radios and email systems.
VIEWPOINT-BASED
Targeted at any community or group or its members because of their exercise of rights protected under the First Amendment of the United States Constitution.
Notwithstanding the provisions of this article, it shall be unlawful for any municipal entity to obtain, retain, access or use facial recognition surveillance technologies. A municipal entity's inadvertent receipt, retention, access to, or use of information obtained from facial recognition surveillance technologies shall not be a violation of this section.
The requirements of this article shall not apply to surveillance technologies presently in use by the Township except insofar as a surveillance technology will be utilized in a manner not previously in use. To the extent they have not been excluded elsewhere in this article, the following technologies are exempted from compliance with this article: license plate readers (LPRs), night vision, UniTel body microphones, all presently operable video and audio equipment, including closed circuit television systems, sewer scopes and related recording equipment, biometric fingerprint readers, and infrared thermal imaging devices. As a result, an SIUR is required for these enumerated technologies.
It shall be unlawful for the Township or any municipal entity to enter into any contract or other agreement that facilitates the receipt of privately generated and owned surveillance data from, or provision of government-generated and -owned surveillance data to, any nongovernmental entity in exchange for any monetary or any other form of consideration from any source, including the assessment of any additional fees, interest, or surcharges on unpaid fines or debts. Any contracts or agreements signed prior to the enactment of this article that violate this section shall be terminated as soon as is legally permissible.