[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 8-24-93 as Ord. No. 93-43. Amendments noted where applicable.]
The Town of Secaucus hereby adopts the current Manual on Uniform Traffic Control Devices (hereinafter M.U.T.C.D.), and all supplements and amendments thereto, 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 works is in violation of this chapter.
It shall be the responsibility of the person, contractor, or a public utility wishing to conduct work on, under or above the roadway to contact the Secaucus Police Department and arrange a pre-construction meeting to submit plans for the safe movement of traffic during such period of construction work. The Police Department shall approve or establish plans for the safe movement of traffic during such period of construction work. Such plans shall cover the manner in which the movement of traffic shall flow, and the person, contractor, or public utility shall effectuate such plans and not act inconsistently therewith. Any person, contractor or utility who fails to comply with this chapter prior to the start of work or whose plans are not approved by the Secaucus Police Department shall be deemed in violation of this chapter.
The person, contractor, or utility shall provide the Secaucus Police Department 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 the emergency contact person does not respond to the call from the Police Department to correct a hazardous condition, the Town of Secaucus may respond to correct such hazardous conditions. The reasonable fees for such emergency service by the Town of Secaucus shall be charged to the person, contractor, or utility responsible for such conditions.
Road closings and/or detours shall not be permitted unless approved by the Secaucus Police Department.
[Amended 4-12-94 by Ord. No. 94-4]
Traffic directors or flagmen shall be posted at all construction or maintenance sites when determined by the Secaucus Police Department that the same are necessary to provide for the safety and expeditious movement of traffic.
In addition to any other provision of this chapter or any state regulation or law or any other provision of any Secaucus ordinance or chapter of this code, any person performing excavation work or roadway construction within 2,000 feet of any school (public or private) located in the Town of Secaucus shall have an adequate number of traffic directors or flagmen as determined by the Secaucus Police Department to provide for the safety of all pedestrians including school children and for the expeditious movement of traffic; and, the public school, through the Secaucus Board of Education or the private school within said 2,000 feet, as the case may be, shall be notified of such work seven days in advance of such work by the Secaucus Police Department and the person(s) performing such work.
The Secaucus Police Department shall have the authority to order the stopping of work, including the removal of equipment and vehicles, in order to abate any nuisance and/or safety hazard or for any violation of this chapter.
There shall be no construction, maintenance operations or utility work on any roadway in the Township 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 Secaucus Police Department. If it is determined by the officer in charge of the Secaucus Police Department 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.
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.
If any person, contractor, or utility company does not agree with the plans provided by the Secaucus Police Department, or if the Secaucus Police Department does not approve of the plan of any person, contractor, or utility company, in accordance with this chapter, such person, contractor, or utility may appeal such decision to the Mayor or Council of the Town of Secaucus by filing a written notice of appeal with the Town Clerk, and the Mayor and Council or their designee shall hold a hearing with respect to the same within 10 days of such notice, whereupon the Mayor and Council or their designee may affirm, deny or modify such plan.
Any person, contractor or utility company who commits a violation of this chapter shall, upon conviction thereof for a first offense, pay a fine of not less than $100 nor more than $1,000 and/or be imprisoned in the County Jail for a term not exceeding 90 days. For a second offense, upon conviction thereof such person, contractor or utility company shall pay a fine of not less than $250 and/or be imprisoned in the County Jail for a term not exceeding 90 days.
Each day that a violation continues hereunder shall be deemed a separate offense.