The City Council 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 or below
the ground, which requires blocking the street 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 secure the safe and expeditious
movement of traffic through and around construction and maintenance
zones and to provide safety for the work forces performing these operations.
The City Council does hereby adopt the current Manual on Uniform Control
Devices for Streets and Highways 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. 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 (in the case of a public utility as required under the public
utility agreement, Section 16:25-9.2) wishing to conduct work on,
under or above the street to contact the Police Department of the
municipality in order to arrange a preconstruction meeting 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 Police Department of the municipality
is in violation of this article.
The person, contractor or utility shall provide at least two
emergency contact telephone 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 contact cannot be made,
or if the emergency contact person does not respond to a call from
the Police Department to correct such hazardous condition, the municipality
may respond to correct the hazardous condition(s). The reasonable
fees for such emergency services by the municipality shall be charged
to the person, contractor or utility responsible for the condition.
There shall be no construction, maintenance operations or utility
work on any roadway in the municipality before the hour of 9:00 a.m.
or after 4:00 p.m. This time limit may be adjusted by the officer
in charge of the municipal Police Department to permit work prior
to 9:00 a.m. or after 4:00 p.m. If it is determined by the officer
in charge 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. to 4:00 p.m.
Road closings and/or traffic detours shall not be permitted
unless approved by the municipal Police Department.
Traffic directors shall be posted at all construction or maintenance
sites when determined by the municipal Police Department that they
are necessary to provide for the safe and expeditious movement of
traffic.
The municipal 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.
It is to be expressly understood that no materials, vehicles
or equipment are to be placed in the roadway or sidewalk area until
all construction signs, lights, devices and pavement markings are
installed.
Any person, contractor or utility who commits a violation of
this article shall, upon conviction thereof for a first offense, pay
a fine of not less than $100 nor more than $500 and/or be imprisoned
in the county jail for a term not exceeding 90 days; 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. A separate offense shall be deemed committed on each day during
or on which violation occurs or continues.