[Adopted 2-2-1999 by Ord. No. 6031-99]
A.
The Municipal Council of the City of Clifton hereby
finds and declares that problems of traffic control occur when traffic
around street construction, maintenance operations and utility work,
above and below ground, requires blocking the roadway and obstructing
the normal flow of traffic; and that such obstructions are or can
become dangerous when not properly controlled. In order to better
promote the public health, safety and welfare, it is necessary to
establish controls and regulations directed to the safe and expeditious
movement of traffic through construction and maintenance zones and
to provide safety for the work force performing these operations.
B.
The City of Clifton in the County of Passaic, State
of New Jersey, does hereby adopt the current Manual on Uniform Traffic
Control Devices, 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 MUTCD while performing such work is in violation of this article.
It shall be the responsibility of the person,
contractor or, in the case of a public utility as required under the
public utility agreement, wishing to conduct work on, under or above
the roadway to contact the office of the Chief of the Clifton Police
Department in order to arrange a preconstruction meeting to submit
plans for the safe movement of traffic during such period of construction
of 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 office of the Chief of the Clifton Police Department
is in violation of this section.
The person, contractor or utility shall provide
the office of the Chief of the Clifton Police Department with at least
two emergency contact phone 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 cannot be reached,
or if the emergency contact person does not respond to the call from
the Clifton Police Department to correct a hazardous condition, the
City may respond to correct such hazardous conditions. The reasonable
fees for such emergency service by the City shall be charged to the
person, contractor, or utility responsible for such conditions.
There shall be no construction, maintenance
operations or utility work on any roadway in the City of Clifton before
the hour of 9:00 a.m. or after 4:00 p.m. This time limit may be adjusted
to permit work prior to 9:00 a.m. or after 4:00 p.m. by the Chief
of the Clifton Police Department. If it is determined by the Chief
of the Clifton Police Department that the construction or maintenance
operations prior to 9:00 a.m. or after 4:00 p.m. would substantially
delay traffic or cause a safety or health hazard, the work shall then
be permitted only between 9:00 a.m. to 4:00 p.m.
Road closings and/or traffic detours shall not
be permitted unless approved by the Chief of the Clifton Police Department.
Traffic directors shall be posted at all construction
or maintenance sites when determined by the office of the Chief of
the Clifton Police Department that same is necessary to provide for
the safe and expeditious movement of traffic.
The Chief of the Clifton 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 article.
It is to be expressly understood that no materials,
vehicles or equipment are to be placed in the roadway or sidewalk
area until all construction, signs, lights, devices and pavement markings
are installed.
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 $100 nor more than $500 and/or
be imprisoned in the county jail for a term not exceeding 90 days.
For a second offense, upon conviction thereof, pay a fine for not
less than $250 and/or be imprisoned in the county jail for a term
not exceeding 90 days. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
