[Adopted 9-25-2014 by Ord. No. 11-14]
The purpose of this article is to establish controls and regulations
for the safe and expeditious movement of traffic through construction
and maintenance zones throughout the Borough of Rockaway, and to provide
for the safety and compensation of the members of the Rockaway Borough
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 a 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 Borough of Rockaway, provided the entity making the request
for assistance or aid agrees to make the payments required by this
article.
A.
The Borough
of Rockaway, through the Mayor and Borough 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 guiding principles so that the aforementioned
potential problems may be prevented and avoided.
B.
The Borough
of Rockaway, through the Mayor and Borough Council, does hereby adopt
the current Manual on Uniform Traffic Control Devices, Millennium
Edition (or the edition in effect at the time of a request for services
hereunder), as published by the American Traffic Safety Services Association
("ATSSA") hereafter known as the "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. A
person, contractor or utility that 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 a roadway to contact
the Chief of Police, or his designee, of the Borough of Rockaway Police
Department in order to arrange a preconstruction meeting to submit
plans for the safe movement of traffic during the period of construction
work. The preconstruction meeting shall occur no less than three working
days prior to the planned work. A "working day," for purposes of this
section, shall be any day that the Borough Clerk's office is open.
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. The occurrence of the preconstruction
meeting shall not relieve the person, contractor or utility wishing
to conduct work of its duty to fully comply with any other requirements
imposed by the Borough with reference to the proposed work. Any person,
contractor or utility who fails to comply with this article prior
to the start of such work and whose plans are not approved by the
Chief of Police or his designee of the Borough of Rockaway Police
Department is in violation of this article.
The person, contractor or utility wishing to conduct work on,
under or above a roadway shall provide the Borough of Rockaway Police
Department with at least two emergency contact phone numbers to be
called in case of any emergency at the construction or maintenance
site prior to the start of work. If for any reason the emergency contact
person cannot be reached, or if the emergency person does not respond
to the call of the Borough of Rockaway Police Department to correct
the hazardous situation, or if circumstances otherwise dictate that
the Borough of Rockaway respond, the Borough may respond and correct
such hazardous conditions. The reasonable fees for such emergency
service by the Borough shall be charged to the person, contractor
or utility responsible for such conditions.
Generally, there shall be no construction, maintenance operations,
or utility work on any roadway in the Borough of Rockaway prior to
7:00 a.m. or after 5:00 p.m. This time limit may be adjusted by the
Chief of Police or his designee of the Borough of Rockaway Police
Department to permit work prior to 7:00 a.m., or after 5:00 p.m.,
if, in the discretion of the Chief of Police or his designee, circumstances
justify same, 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.
[Amended 4-13-2023 by Ord. No. 23-05]
A.
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.
B.
All road construction, traffic control or public safety functions
required which impact motor vehicle or pedestrian traffic on Borough
streets and/or public sidewalks or public safety within the Borough,
shall require the use and assignment of a Borough police officer unless
otherwise authorized by the Chief of Police or his designee. All persons
and entities must request and receive approval for the assignment
of off-duty police officers within the Borough from the Chief of Police
or his designee.
The Chief of Police or his designee shall have the authority
to stop work, including effecting the removal of equipment, vehicles
and/or stored material within the street right of way, backfilling
of open excavations and/or related work, in order to abate any nuisance
and/or safety hazard, or for any violation of this article. The Borough
may respond and correct any such hazardous or nuisance conditions.
The reasonable fees for such emergency service by the Borough 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 in place.
A.
All requests
to the Borough for the services of off-duty law enforcement officers
in the Borough of Rockaway Police Department shall be forwarded to
the Chief of Police. Any law enforcement officer, when so employed
by the Borough, shall be treated as an employee of the Borough; 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.
C.
Any person
or entity requesting the services of an off-duty law enforcement officer
in the Borough of Rockaway 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. Unless otherwise
prohibited by law, an escrow deposit will be required in an amount
sufficient to cover the compensation and administrative fees as determined
by the Chief Financial Officer. 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.
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 service. 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.
The person, contractor or utility company shall provide the
Borough of Rockaway with a certificate of insurance in a form acceptable
to the Borough, naming the Borough of Rockaway as an additional insured
on a general liability insurance policy having policy limits of 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 application
shall contain an agreement to indemnify and hold harmless the Borough
of Rockaway for any claims or actions brought as a result of the use
of Borough of Rockaway police officers by said party, which indemnification
and hold harmless shall include all attorney fees and costs of suit.
The Borough Police Department shall have sole responsibility
to immediately notify all affected agencies, including but not limited
to fire and emergency personnel and school transportation, of any
work under this article that would delay or interfere with the provision
of such services.
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 or on which each violation
occurs or continues to occur.
