[Adopted 9-22-97 by Ord.
No. 23-1997]
The Board of Commissioners of the
Borough of Avon-by-the-Sea 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 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 Avon-by-the-Sea in
the County of Monmouth, State of New Jersey, does hereby adopt the
current Manual on Uniform Traffic Control Devices, hereafter known
as M.U.T.C.D., 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 M.U.T.C.D.
while performing such work is in violation of this article.
It shall be the responsibility of
the person, contractor, or in the case of a public utility as required
under any existing agreements, wishing to conduct work on, under or
above the roadway to contact the Chief of Police or his designee in
order to arrange a pre-construction meeting in order to submit plans
for the safe movement of traffic during such period of construction
work. At the pre-construction meeting it shall be the decision of
the Chief of Police or his designee whether or not to assign off-duty
Avon Police personnel to assist in the safe movement of vehicular
and pedestrian traffic during the time of construction. 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 Chief
of Police or his designee, is in violation of this section.
The person, contractor or utility
shall provide the Chief of Police or his designee with at least two
(2) 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 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 municipality
may respond to correct such hazardous condition. The reasonable fees
for such emergency services by the municipality shall be charged to
the person, contractor or utility responsible for such condition.
There shall be no construction, maintenance
operations or utility work on any roadway in the municipality before
the hours of 8:00 a.m. or after 5:00 p.m. unless otherwise deemed
necessary in such cases as an emergency.
Road closings and/or traffic detours
shall not be permitted unless approved by the Chief of Police or his
designee.
Traffic signs 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
safety and expeditious movement of traffic.
The Chief of Police or his designee
shall have the authority to stop work, including the removal of equipment
and vehicles, stored material within the streets 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
section or other sections of the ordinances.
Members of the Police Department
shall be permitted to accept employment as safety or security personnel
for private employers such as contractors or public utility companies
only during off-duty hours and at such times as will not interfere
with the efficient performance of regularly scheduled or emergency
duty for the Borough. Any person, contractor or public utility wishing
to employ off-duty police shall first obtain the approval of the Chief
of Police, which approval shall be granted if, in the opinion of the
Chief, such employment would not be inconsistent with the efficient
functioning and good reputation of the Police Department, and would
not unreasonably endanger or threaten the safety or health of the
officer or officers who are to perform the work.
[Amended 11-13-00 by Ord.
No. 11-2000; 5-28-2019 by Ord. No. 9-2019]
Private employers shall pay directly
to the Borough Clerk the hourly sum of $81 plus $3 per hour which
is to be collected by the Borough for administrative fees. The Chief
of Police or his designee and the contractor or public utility shall
estimate the number of hours anticipated to be worked and payment
for said estimate work shall be paid by the private employer to the
Borough Clerk once each month or at the end of the assignment, whichever
comes first. If additional work time is required due to unanticipated
circumstances, and such work is approved by the Chief of Police or
his designee, the private employer shall be liable for payment to
the Borough. An invoice from the Borough for any balance due, if any,
shall be issued by the Borough Clerk. Balance of payments due from
private employers shall be made within 10 days of receipt of the invoice
from the Borough.
An agreement form entitled "Agreement
For Off-Duty Police Assignment" shall be filed with the Borough of
Avon-by-the-Sea. This agreement shall be entered into and filed by
the Chief of Police or his designee and the private employer hereinafter
"Municipality" and "Company" respectively. The agreement shall consist
of company name, description of work, number of officers required,
dates, times, payment and method of payment. It shall also include
details on agreement termination, liability and workers compensation
insurance. This agreement form shall be provided by the Borough of
Avon-by-the-Sea/Avon Police Department and shall be filed at the preconstruction
meeting.
(Sample agreement attached to article)[1]
[1]
Editor's Note: The sample agreement referred to herein may
be found on file in the office of the Borough Clerk attached to Ordinance
No. 23-1997.
