[Added by Ord. No. 7-2021, 2-23-2021]
As used in this article, the following terms shall have the
meanings indicated:
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
Disparate impact on any such individual(s) having traits, characteristics, or status as described in Subsection (a).
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.
Any agency, department, bureau, division, or unit of the
Township.
Any electronic data collected, captured, recorded, retained,
processed, intercepted, analyzed, or shared by 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.
"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:
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;
Parking ticket devices (PTDs);
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;
Surveillance devices that cannot record or transmit audio or
video or be remotely accessed, such as image-stabilizing binoculars
or night-vision goggles;
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
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.
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.
