[Amended 10-7-2019 by Ord. No. 11-19, effective 10-28-2019]
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 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 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 Lincoln Park in the County of Morris, State of New Jersey, does hereby adopt the current Manual on Uniform Traffic Control Devices, 2009 edition, hereinafter known as "MUTCD," except as hereby supplemented and amended, as it controls and regulates whenever construction and 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.
A. Pre-construction meeting. It shall be the responsibility of the person, contractor or utility, in the case of a public utility wishing to conduct work on, under or above the roadway, to contact the Traffic Bureau of the Lincoln Park Police Department in order to arrange a pre-construction meeting, to submit plans for the safe movement of traffic during such period of construction 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 Bureau of the Lincoln Park Police Department is in violation of this section. (Note: Public utilities conducting routine maintenance work need not comply with the pre-construction meeting requirement.)
B. Emergency contact phone numbers. The person, contractor or utility shall provide the 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. (Note: The reasonable fees for such emergency services by the Borough shall be charged to the person, contractor or utility responsible for such condition.)
C. Time limits. There shall be no construction, maintenance operations or utility work under, on or above 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 Lincoln Park Police Department. If it is determined by the officer in charge of the Lincoln Park 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 then be permitted only between 9:00 a.m. and 4:00 p.m. (Note: Work on Saturday may be between the hours of 8:00 a.m. and 6:00 p.m. No work is permitted on Sundays or legal holidays.)
D. Road closing and detours. Road closing and/or traffic detours shall not be permitted unless approved by the Lincoln Park Police Traffic Bureau.
E. Traffic directors. Traffic directors shall be posted at all construction or maintenance sites when it is determined by the Lincoln Park Police Traffic Bureau that the same are necessary to provide for the safe and expeditious movement of traffic. Traffic directors shall be qualified personnel as determined by the Chief of Police.
F. Stop work. The Traffic Bureau of the Lincoln Park 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 section.
G. Emergency repair work.
(1) In case of emergency repair work where construction and 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 Lincoln Park Police Department of such emergency operation. The person, contractor or utility shall disclose the nature of the emergency, location and hours of operation.
(2) All emergency construction and maintenance operations shall be performed with full regard for safety and to keep traffic interference to an absolute minimum. During such work the person, contractor or utility shall comply with the provisions of the MUTCD while performing such emergency repair work.
H. Violations and penalties.
(1) Any person, contractor or utility who or which commits a violation of this section shall:
(a) Upon conviction thereof for a first offense, pay a fine of not less than $100 and no more than $250 and/or be imprisoned in the county jail for a term not exceeding 90 days or perform community service for a term not exceeding 15 days.
(b) For a second offense, upon conviction thereof, pay a fine of not less than $250 and/or be imprisoned in the county jail for a term not exceeding 90 days or perform community service for a term not exceeding 15 days.
(c) For a third or subsequent conviction pay a fine of not less than $500 and/or be imprisoned in the county jail for a term not exceeding 90 days or perform community service for a term not exceeding 15 days.
(2) A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.