Terms Used In New Jersey Statutes 40:48-1.7

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
  • State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
  • Subpoena: A command to a witness to appear and give testimony.
2. a. A municipality may enact an ordinance to establish a private outdoor video surveillance camera registry and to allow any person who owns a private outdoor video surveillance camera on a residential or business property in the municipality to voluntarily register the camera with the municipal police department or force for the purpose of assisting law enforcement investigations of criminal activity that occurred within the vicinity of the camera’s location. The ordinance shall provide that registration of a camera does not constitute a waiver of any rights granted under the Constitution of the United States or the State of New Jersey.

b. The municipal ordinance shall require the following information to be included in the private outdoor video surveillance camera registry:

(1) the name of the person who owns the camera;

(2) the most recent contact information, including the street address and telephone number of the person who owns the camera;

(3) the street address of the residence or business where the camera is installed;

(4) the number of cameras located at the residence or business;

(5) the outdoor areas recorded by the camera;

(6) the means by which the camera’s footage is saved or stored, and the duration of time for which the footage is saved or stored; and

(7) any additional information the municipality deems necessary.

c. Information stored in the municipal registry pursuant to subsection b. of this section shall be available for the exclusive use by law enforcement officials to investigate criminal activity within the vicinity of the camera’s location. Information stored in the registry shall not be considered a public record pursuant to P.L.1963, c.73 (C. 47:1A-1 et seq.), P.L.2001, c.404 (C. 47:1A-5 et al.), or common law concerning access to public records and 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.

d. A State, county, or municipal law enforcement agency may contact a person whose information appears in the municipal registry established pursuant to subsection a. of this section, in order to request access to any camera’s footage which may assist an investigation of criminal activity that occurred within the vicinity of the camera’s location. A person who registers a camera with a municipal police department or force shall not be required to submit the camera’s footage to a law enforcement agency, unless otherwise required by law.

e. As used in this act, “private outdoor video surveillance camera” or “camera” means a device installed outside a residence or business, which, for security purposes, captures footage of an area outside the residence or business.

L.2015, c.152, s.2.