[HISTORY: Adopted by the Borough Council
of the Borough of Paramus 4-29-2008 by Ord. No. 08-14. Amendments noted where
applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 419.
The Borough of Paramus shall install a traffic
control signal monitoring system within the Borough. The system shall
provide for the installation of monitoring devices within the Borough
at intersections designated by the Borough and approved by the Commissioner
of Transportation of the State of New Jersey as required by law. Said
system shall provide for the installation of traffic signal monitoring
devices designed to enable a Borough Police Officer to issue a summons
pursuant to this chapter for a violation of a traffic signal. Said
system shall comply with the provisions of N.J.S.A. 39:4-8.12 et seq.
The traffic control signal monitoring system
shall be installed, maintained and operated by such company as is
granted a concession to operate the system by the Borough following
a lawful procurement process awarding said concession. Said concession
shall be awarded by resolution of the Mayor and Council authorizing
the execution of a contract between the Borough of Paramus and such
company as is awarded the concession. Said contract shall be contingent
upon the approval of the traffic signal control monitoring system
by the Commissioner of Transportation of the State of New Jersey.
Traffic control signal monitoring devices shall
be installed at such locations following the completion of a study
by the company selected to install said devices. Said study shall
take into consideration data which indicate that the intersection
or intersections in question have a high number of violations of the
traffic control signals, and any additional safety data the Borough
deems appropriate. The traffic control signal monitoring system shall
provide for the installation of devices at intersections approved
by the Borough Engineer. The Borough Engineer shall also provide a
written certification for all intersections at which a traffic control
signal monitoring device will be placed certifying that:
A.
The intersection or intersections in question have
a minimum duration of the amber light at the traffic control signal
of three seconds if at least 85% of the vehicular traffic approaching
the signal is traveling at a speed of 25 miles per hour or less; and
The company installing the traffic control signal
monitoring system shall comply with state statutory requirements providing
that "a sign notifying drivers that such a monitoring system is being
utilized shall be placed on each street converging into the affected
intersection. The sign shall be of a design and placed in accordance
with specifications approved by the municipal engineer. The specifications
so approved shall conform with the uniform system set forth in the
"Manual on Uniform Traffic Control Devices for Streets and Highways."
Any traffic control signal monitoring system
installed pursuant to this chapter shall be inspected and certified
at least once every six months by the Borough Engineer from the date
of its installation for the duration of the five-year pilot program
prescribed by P.L. 2007, c. 348 (N.J.S.A. 39:4-8.12 et seq.).
Summonses issued as a result of a violation
confirmed by a traffic signal monitoring device shall comply with
the following provisions:
A.
A law enforcement official of the Borough shall review
the recorded images produced by the traffic control signal monitoring
system. In conducting such review, the law enforcement official shall
determine whether there is sufficient evidence to conclude that a
traffic control signal violation has occurred and shall issue a summons
where it is deemed appropriate.
B.
A traffic control signal violation summons issued
pursuant to a traffic control signal monitoring device shall be served
by a law enforcement official in accordance with the Rules of Court.
C.
The recorded images produced by the traffic control
signal monitoring system shall be available for the exclusive use
of any law enforcement official for the purposes of discharging the
official's duties pursuant to P.L. 2007, c. 348 (N.J.S.A. 39:4-8.12
et seq.). Any recorded image or information produced in connection
with the traffic control signal monitoring system shall not be deemed
a public record under P.L. 1963, c. 73 (N.J.S.A. 47:1A-1 et seq.),
or the common law concerning access to public records. The recorded
images shall not be 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, nor shall they be
offered in evidence in any civil or administrative proceeding not
directly related to a traffic control signal violation. Any recorded
image or information produced in connection with the traffic control
signal monitoring system pertaining to a specific violation shall
be purged and not retained later than 60 days after the collection
of any fine or penalty. If a law enforcement official does not issue
a summons for a traffic control signal violation within 40 business
days, all recorded images and information collected pertaining to
that alleged violation shall be purged within two business days. Any
municipality operating a traffic control signal monitoring system
shall certify compliance with this subsection in the report required
to be filed with the Commissioner of Transportation pursuant to § 6
of P.L. 2007, c. 348 (N.J.S.A. 39:4-8.17).
D.
The owner and operator shall be jointly liable for
a traffic control signal violation summons issued pursuant to a traffic
control signal monitoring device installed pursuant to this chapter
unless the owner can show that the vehicle was used without his consent,
express or implied. An owner who pays any fine, penalty, civil judgment,
costs or administrative fees in connection with a traffic control
signal violation issued pursuant to a traffic control signal monitoring
system shall have the right to recover that sum from the operator
in a court of competent jurisdiction.
E.
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 chapter 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.
F.
In no case shall motor vehicle points or automobile
insurance eligibility points pursuant to § 26 of P.L. 1990,
c. 8 (N.J.S.A. 17:33B-14) be assessed against any person for a violation
issued pursuant to this chapter.
G.
It shall not be a defense to any traffic control signal
violation that the signs required to be posted pursuant to Subsection
c of § 3 of P.L. 2007, c. 348 (N.J.S.A. 39:4-8.14), notifying
drivers that a traffic control signal monitoring system is being utilized,
are not posted or are improperly posted.
The Borough shall submit reports every 12 months
after the installation of any traffic control signal monitoring system
installed pursuant to this chapter to the Commissioner of Transportation
detailing increases or decreases in violations and accidents at intersections
where traffic control signal monitoring systems have been installed.
Any person found to have committed a traffic
violation covered by the provisions of this chapter and N.J.S.A. 39:4-8.12
et seq. shall be required to pay fines in an amount established by
the State of New Jersey for such violations. In the event the State
of New Jersey does not establish the amount of said fines, any person
found to have committed a violation of this chapter or failing to
appear in response to a summons issued pursuant to this chapter shall
be required to pay the following fines:
