[Adopted 10-4-2007 by Ord. No. O-2007-13]
A.
MUNICIPALITY
TRAFFIC DIRECTOR
Words and phrases. Whenever any words and phrases
are used in this article, the meaning respectively ascribed to them
in Subtitle 1 of Title 39 of the Revised Statutes of the State of
New Jersey (N.J.S.A. 39:1-1 et seq.) shall be deemed to apply to such
words and phrases used herein. In addition, as used herein, the following
terms shall have the meanings indicated:
The Township of Elk, New Jersey.
Any certified police officer of the State of New Jersey.
[Added 5-5-2016 by Ord.
No. O-1-2016]
B.
Official time standard. Whenever certain hours are
named in this article, they shall mean either Eastern standard time
or Eastern daylight saving time, as may be in current use.
A.
The Chief of Police of this municipality, or his or
her designee, is hereby authorized to provide by regulation for the
closing of any street or portion thereof to motor vehicle traffic
on any day or days whenever he or she finds that such closing is necessary
for the preservation of the public safety, health and welfare.
B.
Any regulations promulgated by the Chief of Police in accordance with Subsection A above shall provide for the posting of proper warning signs of such closing on any street or portion thereof during the time the same is closed in pursuance thereof.
C.
Any violation of any regulation promulgated thereunder shall be punished as provided in § 97-27 hereof.
[Amended 5-5-2016 by Ord.
No. O-1-2016]
D.
Any regulation adopted that mandates the closing of
any street for a period greater than 48 consecutive hours shall not
become effective unless and until it has been submitted to and approved
by the Commissioner of the Department of Transportation.
Any vehicle parked in violation of this article
shall be deemed a nuisance and a menace to the safe and proper regulation
of traffic, and any peace officer may provide for the removal of such
vehicle. The owner of such vehicle shall bear the reasonable costs
of removal and storage which may result from such removal before regaining
possession of the vehicle.
[Amended 5-5-2016 by Ord.
No. O-1-2016]
A.
N.J.S.A.
40:48-1 and 40:48-2 delegate to municipalities broad powers to adopt
ordinances reasonably related to the public health, safety and welfare
of the municipality, its inhabitants, and to the persons traveling
through the municipality. The Township Committee hereby finds and
declares that the Elk Township Police Department is directed to ensure
that the public health, safety and welfare of those persons traversing
over the public roads and rights-of-way located within the municipal
boundary is preserved and protected.
B.
The New
Jersey State Police, Gloucester County Sheriff's Department and the
Elk Township Police Department are vested with authority and jurisdiction
to enforce the provisions of Title 39 over the public roads and rights-of-way
in Elk Township. The power and authority to enforce Title 39 specifically
includes the operation and manner of traffic flow and movement within
the municipality.
C.
Adoption
of Manual on Uniform Traffic Control Devices for Streets and Highways.
The Township Committee finds and declares that problems of traffic
control occur when traffic must be moved through or around street
construction, maintenance operations and utility work, above or below
the ground, which requires blocking the street and obstructing the
normal flow of traffic, and that such operations are or can become
dangerous when not properly controlled. In order to better promote
the public health, safety, peace and welfare, it is necessary to establish
controls and regulations directed to secure the safe and expeditious
movement of traffic through and around construction and maintenance
zones and to provide safety for the workforces performing these operations.
The Township Committee does hereby adopt the current Manual on Uniform
Control Devices for Streets and Highways, hereafter known as the "MUTCD,"
except as hereby supplemented and amended, as it controls and regulates
whenever construction, maintenance operations or utility work obstructs
the normal flow of traffic. Any person, contractor or utility who
fails to comply with the provisions of the MUTCD or the directives
of the Chief of Police of the Elk Township Police Department or his
or her designee while performing such work is in violation of this
section.
D.
Preconstruction
meetings. It shall be the responsibility of the person, contractor
or utility wishing to conduct work on, under or above the street to
contact the Chief of Police of the Elk Township Police Department
or his or her designee to arrange a preconstruction meeting to submit
plans for the safe movement of traffic during such period of construction
or work. Any person, contractor or utility who fails to comply with
this section prior to the start of such work or whose plans are not
approved by the Chief of Police of the Elk Township Police Department
or his or her designee is in violation of this section.
E.
Hazardous
conditions. The person, contractor or utility shall provide the Elk
Township Police Department with at least two emergency contact telephone
numbers to be called in case of emergency problems at the construction
or maintenance site prior to the start of any work. If, for any reason,
the emergency contact person cannot be reached, or if the emergency
person does not respond to a call from the Elk Township Police Department
to correct such hazardous condition, the Township may respond and
correct such hazardous condition(s). The reasonable fees for such
emergency services by the Township shall be charged to the person,
contractor or utility responsible for such conditions.
F.
Hours.
Generally, there shall be no construction, Township maintenance operations
or utility work on any roadway in the Township before the hour of
7:00 a.m. or after 5:00 p.m. This time limit may be adjusted to permit
work prior to 7:00 a.m. or after 5:00 p.m. by the Chief of Police
of the Elk Township Police Department or his or her designee, if reasonable
conditions apply and after thoroughly reviewing such request. However,
if it is determined by the officer in charge that the construction
or maintenance operations prior to 7:00 a.m. or after 5:00 p.m. would
substantially delay traffic or cause a safety or health hazard, the
work shall then be permitted only between 7:00 a.m. and 5:00 p.m.
G.
Road closings
and detours. Road closings, traffic detours, and/or any other activity
which may obstruct the normal flow of traffic shall not be permitted
unless approved by the Elk Township Police Department.
H.
Traffic
directors. Traffic directors shall be posted at all construction or
maintenance sites located within any road or municipal right-of-way
when determined by the Elk Township Police Department that same is
necessary to provide for the safe and expeditious movement of traffic.
I.
Stop work.
The Elk Township Police Department shall have the authority to stop
work, including the removal of equipment and vehicles, stored material
within the street right-of-way, backfilling of open excavations and/or
other related work, in order to abate any nuisance and/or safety hazard
or for any violation of this section.
J.
Site preparation.
No materials, vehicles or equipment are to be placed in the roadway,
sidewalk, or right-of-way without prior authorization from the Elk
Township Police Department. All signs, lights, devices and pavement
markings are shall be installed prior to the commencement of construction.
K.
Payment
for services rendered by traffic directors. Payment for all traffic
directors (certified police officers) working all construction highway
details for directing the appropriate movement of traffic flow shall
be coordinated by the Chief of Police or his or her designee. The
payment shall be the appropriate hourly rate designated by the Elk
Township Police Department with additional compensation added to the
subtotal for the use and care of all equipment and all administrative
duties which are required.
[Amended 5-5-2016 by Ord.
No. O-1-2016]
Any person, contractor or utility who commits a violation of
this article shall, upon conviction thereof for a first offense, pay
a fine of not less than $250 nor more than $1,500 and/or be imprisoned
in the county jail for a term not exceeding 90 days, or both; for
a second offense, upon conviction thereof, pay a fine of not less
than $400 nor more than $2,000 and/or may be imprisoned in the county
jail for a term not exceeding 90 days, or both. A separate offense
shall be deemed committed on each day during or on which each violation
occurs or continues to occur.
