[Adopted 5-12-1986 by Ord. No. 1048; (Ch.
172, Art. III, of the 1982 Code)]
A.
The Council 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 the 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. The Borough of South Plainfield in the County of
Middlesex, State of New Jersey, does hereby adopt the current Manual
on Uniform Traffic Control Devices, as supplemented and amended, hereafter
known as "M.U.T.C.D.," as it controls and regulates whenever construction,
maintenance operations or utility work obstructs the normal flow of
traffic.
B.
Any person, contractor or utility who fails to comply
with the provisions of M.U.T.C.D. while performing such work is in
violation of this section.
C.
The terms of this section shall not apply to public
utilities, as defined in N.J.S.A. 48:2-13, while performing work of
an emergency nature.
It shall be the responsibility of the person,
contractor or public utility wishing to conduct work on, under or
above the roadway to contact the Traffic Bureau of the South Plainfield
Police Department in order to arrange a preconstruction meeting, when
deemed necessary by the Borough, 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 Traffic Bureau of the South Plainfield Police Department is in
violation of this section.
The person, contractor or utility shall provide
the Traffic Bureau of the South Plainfield 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 contacts cannot
be reached or if the emergency contact person does not respond to
a call from the Police Department to correct a hazardous condition,
the Borough may respond to correct such hazardous condition. The reasonable
costs and fees for such emergency services as incurred by the Borough
shall be chargeable to the person, contractor or utility responsible
for such condition.
Unless other previous arrangements have been
agreed to by the Mayor and Council of the Borough, there shall be
no construction, maintenance operations or utility work on any roadway
in the Borough 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 officer in charge of the Traffic Bureau of the South
Plainfield Police Department acting in accordance with any prior arrangements
agreed to by the Mayor and Council. Where no previous arrangements
have been agreed to by the Mayor and Council, and if it is determined
by the officer in charge of the Police Traffic 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 than be permitted only between 9:00 a.m. and 4:00 p.m.
The terms of this section shall not apply to public utilities as defined
in N.J.S.A. 48:2-13.
Road closings and/or traffic detours shall not
be permitted unless approved by the South Plainfield Police Traffic
Bureau 10 days in advance, so proper notification can be given to
the public. In the case of road closings, prior resolutions of the
Mayor and Council in accordance with the provisions of N.J.S.A. 39:4-197.3
are necessary for this subsequent approval of the South Plainfield
Police Traffic Bureau.
Traffic directors shall be posted at all construction
or maintenance sites when it is determined by the South Plainfield
Traffic Bureau that same is necessary to provide for the safe and
expeditious movement of traffic.
The Chief of Police or officer in charge of
the Traffic Bureau of the Borough of South Plainfield 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.
All road closings for purposes of construction,
maintenance operations or utility work conducted under the auspices
of the Borough of South Plainfield shall be in accordance with the
provisions of N.J.S.A. 39:4-197.3, as amended and supplemented, and
said closings of roads, to be consistent with the provisions of such
statute, shall not exceed 90 days and shall follow the adoption of
a resolution by the Mayor and Council in accordance with the aforesaid
statutory provision, which said resolution shall receive the necessary
approval of the Department of Transportation of the State of New Jersey.
A.
Any person, contractor or utility who commits a violation
of this article shall, upon conviction, be punishable by a fine not
exceeding $2,000, imprisonment for a term not exceeding 90 days or
a period of community service not exceeding 90 days, or any combination
thereof.[1]
B.
A separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.
