[Added 11-19-2012 by Ord. No. 22-0-12[1]]
[1]
Editor's Note: This ordinance also repealed former Art. XII, Traffic Controls for Street and Highway Construction and Maintenance Operations, adopted 7-9-2001 by Ord. No. 8-0-01. Ordinance No. 8-0-01 also provided for the renumbering of former Articles XII and XIII as Articles XVI and XVII, respectively.
A. 
The Wanaque Police Department 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 Borough of Wanaque in the County of Passaic, State of New Jersey, does hereby adopt the current or most recent Manual on Uniform Traffic Control Devices, hereafter known as "MUTCD" as may be 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 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 or contractor or, in the case of a public utility wishing to conduct work on, under or above the roadway, to contact the Traffic Bureau of the Wanaque 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 Traffic Bureau of the Wanaque Police Department is in violation of this section. Public utilities conducting routine maintenance work need not comply with the preconstruction meeting requirement.
The person, contractor or utility shall provide the Wanaque Police Traffic Bureau 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 fees for such emergency services by the Borough of Wanaque shall be charged to the person, contractor or utility responsible for such condition.
As used in this article, the following terms shall have the meanings indicated:
ROADWAY
Includes any county, municipal, private road, or area within the boundaries of the Borough of Wanaque, in which the Wanaque Police Department has New Jersey Title 39 authority. Any exception from included roadways shall be made by the Chief of Police of the Borough of Wanaque and shall be binding.
A. 
There shall be no construction, maintenance operations or utility work under, on or above any roadway, as defined above, in the Borough before the hour of 9:00 a.m. or after 3:00 p.m.
B. 
This time limit may be adjusted to permit work prior to 9:00 a.m. or after 3:00 p.m. by the officer in charge of the Traffic Bureau of the Wanaque Police Department. If it is determined by the officer in charge of the Wanaque Police Traffic Bureau that the construction or maintenance operations prior to 9:00 a.m. or after 3:00 p.m. on any roadway would substantially delay traffic or cause a safety or health hazard, the work shall then be permitted only between 9:00 a.m. and 3:00 p.m.
A. 
For the purposes of this article, a traffic director is that individual who is responsible for traffic control at a roadway worksite and is either a sworn law enforcement officer or a civilian flagger who meets the qualifications as set forth in Section 6E of the Manual on Uniform Traffic Control Devices and is certified as a flagger by the American Traffic Safety Services Association, Rutgers University or comparable organization, approved by the Chief of Police.
B. 
Traffic directors shall be posted at all construction or maintenance sites when determined by the Wanaque Police that same is necessary to provide for the safety and expeditious movement of traffic.
C. 
Civilian flaggers shall not be used as traffic directors in any work zone which contains an intersection with a traffic control device or any portion of a roadway which contains a traffic control device. In those situations, only a sworn law enforcement officer will be used as a traffic director. "Traffic control device" shall be defined by New Jersey Title 39:1-1, "Official traffic control devices" means all signs, signals, lane markings, and devices not inconsistent with this subtitle placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic.
The Traffic Bureau of the Wanaque 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, traffic delay and/or safety hazard or for any violation of this article.
A. 
In the case of emergency repair work where construction maintenance operations or emergency utility work must be performed that will obstruct, interfere or detour traffic on any roadway in the Borough, the person, contractor or utility performing such operation shall notify the Wanaque Police Department of such emergency operation. The person, contractor or utility shall disclose the nature of the emergency, location and proposed hours of operation.
B. 
All emergency construction and maintenance operations shall be performed with full regard to safety and to keep traffic interference to an absolute minimum. During such emergency repair work, the person, contractor or utility shall comply with the provisions of the MUTCD while performing such emergency repair work.
Unless another penalty is specifically provided elsewhere in the Wanaque Borough Code or in a law of the state or federal government, any person, contractor or utility who violates any provision of this chapter, or any other chapter of this Code shall, upon first conviction, be punishable by a fine of not less than $250 or more than $500 or imprisonment for a term not to exceed 15 days or by a period of community service not to exceed 30 days. Subsequent violations shall be punishable by a fine of not less than $500 nor more than $1,000 or imprisonment for a term not to exceed 30 days or community service not to exceed 60 days. Each day and/or event that such violation continues shall be deemed a separate offense.