A.
The City of Margate City Board of Commissioners 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
obstructions 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
the safe and expeditious movement of traffic through and around construction
and maintenance zones and to provide safety for the work forces performing
these operations.
B.
The City of Margate City in the County of Atlantic,
State of New Jersey, does hereby adopt the current Manual on Uniform
Traffic Control Devices for Streets and Highways, herein 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 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, Section 16:25-9.2, wishing to conduct work
on, under or above the street to contact the Police Department of
the City of Margate City to arrange a pre-construction meeting in
order 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 Police Department of the City
of Margate City is in violation of this section.
The person, contractor or utility shall provide
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, emergency contact be
made, or if the emergency contact person does not respond to a call
from the Police Department to correct such hazardous condition(s),
the City of Margate City may respond to correct the hazardous condition(s).
The reasonable fees for such emergency services by the City of Margate
City shall be charged to the person, contractor, or utility responsible
for the condition.
There shall be no construction, maintenance
operations or utility work on or under any street before 7:00 a.m.
or after 6:00 p.m., Mondays through Fridays; before 8:00 a.m. or after
4:00 p.m. Saturdays; or at any time on Sundays. These time limits
may be adjusted to permit work before or after the above-prescribed
hours by the officer in charge of the Police Department if that officer
determines that such earlier or later work would not substantially
delay traffic or cause a safety or health hazard.
Road closings and/or detours shall not be permitted
unless approved by the Chief of Police upon the recommendations of
the Police Department.
Traffic directors shall be posted at all construction
or maintenance sites when determined by the Chief of Police that same
is necessary to provide for the safe and expeditious movement of traffic
around and through the construction or maintenance zone.
It is expressly understood that no materials
or equipment are to be placed in any roadway or on any sidewalk until
all construction warning signs, lights or pavement markings are installed.
The Chief of Police of the City of Margate
City or the designee of the Chief of Police shall have the authority
to stop work, including the removal of equipment and vehicles, stored
materials within the streets 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.
A.
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 or 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 of not less than $500
and be imprisoned in the county jail for a term not exceeding 90 days;
for a third and subsequent conviction, pay a fine of not less than
$750 and/or be imprisoned in the county jail for a period not exceeding
90 days.
B.
A separate offense shall be deemed committed on each
day or part of day on which a violation occurs or continues.
