[Adopted 3-12-2014 by Ord. No. 4-2014]
[Amended 4-13-2022 by Ord. No. 4-2022]
The purpose of this article is to establish controls and regulations directed toward the safe and expeditious movement of traffic through construction and maintenance zones, as well as any requested special traffic detail zones, throughout the City of Linwood and to provide for the safety and compensation of the members of the Linwood Police Department performing these operations. In addition, provisions of this article shall apply to all assignments which originate from a request for assistance or aid by any chief of police, chief law enforcement officer or designee of a bona fide state, county, or municipal police department in the State of New Jersey, regardless of the geographic location of the assignment being inside, contiguous or extraterritorial to the City of Linwood, provided the entity making the request for assistance or aid agrees to make the payments required by §
263-34 of this article.
A. The City
of Linwood, through the Mayor and City 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, above and below ground, which requires blocking streets
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 enact such guiding principals whereas the aforementioned
potential problems may be prevented and avoided.
B. The City
of Linwood, through the Mayor and City Council, does hereby adopt
the current Manual on Uniform Traffic Control Devices, as published
by the Federal Highway Administration (FHWA), 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 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
utility wishing to conduct work on, under or above the roadway to
contact the Chief of Police, or his designee of the City of Linwood
Police Department in order to arrange a preconstruction meeting to
submit plans for the safe movement of traffic during such period of
construction work. The Chief of Police or his designee has the authority
to dictate the number of certified police officers required to ensure
the safe movement of traffic in the construction zone. Any person,
contractor or utility who fails to comply with this article prior
to the start of such work or whose plans are not approved by the Chief
of Police is in violation of this article.
The person, contractor, or utility shall provide the City of
Linwood Police Department with at least two emergency contact telephone
numbers to be called in case of any emergency at the construction
or maintenance site prior to the start of any work. If for any reason
the emergency contact person cannot be reached, or if the emergency
contact person does not respond to the call from the City of Linwood
Police Department to correct a hazardous condition, the City may respond
and correct such hazardous condition. The reasonable fees for such
emergency service by the City shall be charged to the person, contractor,
or utility for such conditions.
There shall be no construction, maintenance operations or utility
work on any roadway in the City before the hour of 7:00 a.m. or after
5:00 p.m. This time limit may be adjusted to permit work prior to
7:00 a.m. or after 5:00 p.m. by the Chief of Police, or his designee
of the City of Linwood Police Department if it is determined by the
Chief of Police, or his designee, that reasonable conditions apply
and after thoroughly reviewing such request.
Road closings and/or traffic detours shall not be permitted
unless previously approved by the Chief of Police, or his designee
of the City of Linwood Police Department.
Police traffic directors, i.e., those police officers certified
by a New Jersey Police Training Commission certified police academy,
or an accredited college, secondary school, traffic institute or university
as knowledgeable on the MUTCD, shall be posted at all construction
or maintenance sites when determined by the Chief of Police, or his
designee, that same is necessary to provide for the safe and expeditious
movement of traffic.
The Chief of Police shall have the authority to stop work, including
effecting the removal of equipment and vehicles, stored material within
the street right-of-way, back filling 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. The City may respond and correct
any such hazardous and/or nuisance conditions. The reasonable fees
for such emergency service by the City shall be charged to the person,
contractor, or utility responsible for such conditions.
No materials, vehicles, or equipment are to be placed in the
roadway or sidewalk until all construction signs, warning lights,
devices, and pavement markings are installed.
A. All requests
to the City for the services of off-duty law enforcement officers
in the City of Linwood shall be forwarded to the Chief of Police.
Any law enforcement officer, when so employed by the City, shall be
treated as an employee of the City; provided, however, that wages
earned for outside employment shall not be applied toward the pension
benefits of law enforcement officers so employed, nor shall hours
worked for outside employment be considered in any way compensable
as overtime.
B. Payment
for all certified police officers working all construction highway/street
details and any specially requested traffic details for directing
the appropriate movement of traffic flow may be coordinated by the
Chief of Police or his designee. The payment shall be the appropriate
rate as designated by this article. An administrative fee shall be
added to the subtotal for all expenses that are required. The aforementioned
administrative fees shall be waived for nonprofit organizations, local
government, local government authorities, or other special districts
of government, and any other just cause as determined by the Chief
of Police and affirmed through resolution of the Linwood City Council.
[Amended 2-27-2019 by Ord. No. 5-2019; 4-13-2022 by Ord. No. 4-2022]
(1) Rate:
The rate of compensation for contracting the services of off-duty
law enforcement officers shall be at the rate of $85 per hour.
(2) Administrative fee: The City of Linwood shall assess an administrative fee of $10 per hour for every officer assigned to the detail. This fee will be added to the rate charged and described in Subsection
B(1) above and will be retained by the City to cover associated manpower costs.
(3) Vehicle
fee: $50 a day per vehicle to defray the cost of maintenance, upkeep,
and fuel.
(4) Minimum
block of time: A minimum of four hours will be paid for each officer
working each detail, regardless of the actual amount of time worked.
(5) If
a contractor finds it necessary to cancel a detail for any reason,
then he must do so at least two hours prior the commencement time
of the detail. If the contractor fails to provide notification of
cancellation at least two or more hours prior to the commencement
time, then all officers assigned to the detail will receive four hours
of paid time, for which the contractor shall reimburse the City of
Linwood through the appropriate escrow account. At the time of booking
the detail, a contractor shall be informed of the proper notification
procedure to follow in the event of a cancellation.
C. Any person or entity requesting the services of an off-duty law enforcement officer in the Linwood Police Department shall estimate the number of hours such law enforcement services are required, which estimate shall be approved, in writing, by the Chief of Police and shall be established in an escrow account with the Chief Financial Officer of the City by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth in Subsection
B for the total estimated hours of service.
D. Prior
to posting any request for services of off-duty law enforcement officers,
the Chief of Police, or his designee, shall verify that the balance
in the escrow account of the person or entity requesting services
is sufficient to cover the compensation and fees for the number of
hours specified in the request for services. The Chief of Police shall
not post a request for services from any person or entity unless all
fees and compensation required in the manner described above have
been deposited with the Chief Financial Officer. No officer shall
provide any such services for more hours than are specified in the
request for services.
E. In the
event the funds in such an escrow account should become depleted,
services of off-duty law enforcement officers shall cease and requests
for further or future services shall not be performed or posted until
additional funds have been deposited in the escrow account in the
manner prescribed above.
F. The person
or entity requesting such services shall be responsible for ensuring
that sufficient funds remain in the escrow account in order to avoid
any interruption of services.
(1) The
prepayment requirement shall not apply in cases of utility emergency,
i.e., gas main leak, telephone pole damaged in a motor vehicle collision,
etc. In those cases, the utility will be billed for all services rendered.
The person, contractor, or utility company shall provide the
City of Linwood a certificate of insurance in a form acceptable to
the City, naming the City of Linwood as an additional insured on a
general liability insurance policy having policy limits not less than
$1,000,000 per occurrence.
Any person, contractor, or utility company shall complete and
sign an application for a police traffic director, which said application
shall contain an agreement to indemnify and hold harmless the City
of Linwood for any claims or actions brought as a result of the use
of City of Linwood police officers by said party, including all attorney
fees.
A. Any person,
contractor, or utility who commits a violation of this article shall,
upon conviction thereof, for the first offense, pay a fine of not
less than $500 nor more than $1,000 and/or may be imprisoned in the
county jail for a term not exceeding 90 days, or both; for a second
offense, upon conviction thereof, pay a fine of not less than $1,000
nor more than $2,500 and/or may be imprisoned in the county jail for
a period of 90 days.
B. A separate
offense shall be deemed committed on each day on which each violation
occurs or continues to occur.