[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.