A.
The Board of Commissioners hereby finds and declares
that problems of traffic control occur when traffic must be moved
through or around road or street construction, maintenance operations
and utility work, above or below 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 forces performing
these operations.
B.
The Township of Nutley in the County of Essex, New
Jersey, does hereby adopt the current Manual on Uniform Traffic Control
Devices, and its supplements, hereafter know as "MUTCD," as it controls
and regulates whenever construction, maintenance operations or utility
work obstructs the normal flow of traffic. Any person, contractor
or utility who or which fails to comply with the provisions of MUTCD
while performing such work is in violation of this section.
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 roadway to contact the Traffic Safety
Bureau of the Nutley Police Department in order to submit plans for
the safe movement of traffic during such period of construction or
work. Any person, contractor or utility who or which fails to comply
with this section prior to the start of such work or whose plans are
not approved by the Traffic Safety Bureau of the Nutley Police Department
is in violation of this section.
The person, contractor or utility shall provide
the Traffic Safety Bureau 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
emergency contacts cannot be reached or if the emergency contact person
does not respond to a call from the Nutley Police Department to correct
a hazardous condition, the Township may respond and correct such hazardous
condition. The reasonable fees for such emergency services by the
Township shall be charged to the person, contractor or utility responsible
for such condition.
There shall be no construction, maintenance
operations or utility work on any roadway in the Township 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 Traffic
Safety Bureau of the Nutley Police Department. If it is determined
by the Traffic Safety Bureau 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. and 4:00 p.m.
Road closings and/or traffic detours shall not
be permitted unless approved by the Nutley Police Traffic Safety Bureau.
Traffic directors shall be posted at all construction
or maintenance sites when determined by the Nutley Police Traffic
Safety Bureau that the same are necessary to provide for the safety
and expeditious movement of traffic.
The Traffic Safety Bureau of the Nutley Police
Department shall have the authority to stop work, including the removal
of equipment and vehicles, stored materials 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 for any violation of this
article.
A.
Any person, contractor or utility who or which 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 for a term not exceeding 90 days; for a second offense,
upon conviction thereof, pay a fine of not less than $250 and/or be
imprisoned for a term not exceeding 90 days; and for a third and subsequent
offense, upon conviction thereof, pay a fine of not less than $500
and/or be imprisoned for a term not exceeding 90 days.
B.
A separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.
