[Adopted 5-9-2006 by Ord. No. 1691]
A. 
The Council hereby finds and declares that problems of traffic control occur when traffic must be moved through or around street construction, maintenance operations, and utility work, on, under and above ground, which 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, peace 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 Borough of Middlesex, in the County of Middlesex, State of New Jersey, does hereby adopt the current Manual on Uniform Traffic Control Devices, hereafter known as 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 that 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 wishing to conduct work on, under or above the roadway, to contact the Middlesex Borough Police Department in order 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 Police Department is in violation of this article.
The person, contractor, or utility shall provide the 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 emergency contact cannot be reached, or if the emergency contact person does not respond to the call from the Police Department to correct a hazardous condition, the Borough may respond to correct such hazardous conditions. The reasonable fees for such emergency service by the Borough 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 Borough before the hours 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 Middlesex Borough Police Department. If it is determined by the officer in charge 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..
Traffic directors shall be posted at all construction or maintenance sites when determined by the Middlesex Borough Police Department that same is necessary to provide for the safe and expeditious movement of traffic.
The Middlesex Borough Police Department shall have the authority to stop work, including the removal of equipment, vehicles and stored material within the street right-of-way, and/or order the 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.
Public utilities will be exempt from the requirements of §§ 407-69, 407-71 and 407-72 when emergency repairs are necessary. This is to include, but is not limited to, gas leaks, damaged utility poles, downed wires, and water leaks. Utility companies must still comply with all applicable sections of Title 39, the M.U.T.C.D., and any public utility agreement.
A. 
Any person, contractor or utility who commits a violation of this article shall, upon conviction thereof, for a first offense pay a fine or not less than $100 nor more than $500 and/or be imprisoned in the County Jail for a term not exceeding 90 days.
B. 
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.
C. 
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.