A. 
Words and phrases. Whenever any words and phrases are used in this chapter, the meaning respectively ascribed to them in Subtitle 1 of Title 39 of the Revised Statutes of New Jersey shall be deemed to apply to such words and phrases.
B. 
Official time standard. Whenever certain hours are named in this chapter, they shall mean either Eastern Standard Time or Eastern Daylight Savings Time, as may be in current use.
[Ord. No. 724; Ord. No. 1175-99; Ord. No. 342-2018]
A. 
The City Manager or, in his/her absence, disability or inability to act, the Chief of Police and, in the event of his/her absence, disability or inability to act, then the ranking officer of the Police Department, is hereby authorized to provide by regulation for the closing of any street or portion thereof to motor vehicle traffic on any day or days during specified hours on any day or days whenever he/she finds that such closing is necessary for the preservation of the public safety, health or welfare.
B. 
Any regulations promulgated by the City Manager and in accordance with Subsection A above, shall provide for the posting of proper warning signs of such closing on any street or portion thereof during the time the same is closed in pursuance thereof.
C. 
Any violation of this regulation promulgated thereunder shall be punished by a fine not to exceed $50.
D. 
Any regulation adopted that mandates the closing of any street for a period greater than 48 consecutive hours shall not become effective unless and until it has been submitted to and approved by the Commissioner of the Department of Transportation.
Any vehicle parked in violation of this chapter shall be deemed a nuisance and a menace to the safe and proper regulation of traffic, and any peace officer may provide for the removal of such vehicle. The owner of said vehicle deemed to be a nuisance and a menace to the safe and proper regulation of traffic shall bear the reasonable costs of removal and storage which may result from such removal before regaining possession of the vehicle.
Unless otherwise specifically set forth in any section of this chapter, the penalty for a violation of any section within this chapter shall not be less than $50 nor more than $1,000 and/or imprisonment in the county jail for a term not to exceed 90 days, or by a period of community service not to exceed 90 days.
[Ord. No. 1175-99]
If any part or parts of this chapter are, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter.
[1972 Code 11-13; Ord. No. 1175-99]
As provided in the Adopting Ordinance for the Revision of the City of Cape May Ordinances, all former traffic ordinances of the City are hereby repealed, and all ordinances or parts of ordinances in conflict with or inconsistent with the provisions of this chapter are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this chapter.
The Governing Body hereby finds and declares that problems of traffic control occur and traffic must be moved through or around street construction, maintenance operations, and utility work, above and 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 the safety and expeditious movement of traffic through construction and maintenance zones and to provide safety for the work force performing these operations.
[Ord. No. 1175-99]
It shall be the responsibility of the person, contractor, or in the case of a public utility agreement, the public utility wishing to conduct work on, under or above the roadway to contact the Police Department in order to arrange a preconstruction meeting in order to submit plans for the safe movement of traffic during such period of construction 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 is in violation of this section.
[Ord. No. 1175-99]
The person, contractor, or utility shall provide the 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 emergency contact cannot be reached, or if the emergency contact person does not respond to the call from the Police Department to correct a hazardous condition, the City may respond to correct such hazardous condition. The reasonable fees for such emergency service by the City shall be charged to the person, contractor, or utility for such condition.
[Ord. No. 1175-99]
There shall be no construction, maintenance operations, or utility work on any roadway in the City before the hour of 7:00 a.m. or after 4:00 p.m. This time limit may be adjusted to permit work prior to 7:00 a.m. or after 4:00 p.m. by the officer in charge of the Police Department. If it is determined by the officer in charge that the construction or maintenance operations prior to 7:00 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 7:00 a.m. and 4:00 p.m.
[Ord. No. 1175-99]
Traffic directors shall be posted at all construction or maintenance sites when determined by the Police Department that same is necessary to provide for the safety and expeditious movement of traffic.
[Ord. No. 1175-99]
The Police Department shall have the authority to stop work, including the removal of equipment and vehicles, stored material within the street 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.
[Ord. No. 1175-99]
It is to be expressly understood that no materials, vehicle or equipment are to be placed in the roadway or sidewalk until all construction, signs, lights, devices and pavement markings are installed.
[Ord. No. 1175-99]
Any person, contractor or utility who commits a violation of this section 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 a violation occurs or continues.
[Ord. No. 1175-99]
All ordinances or parts of ordinances which are inconsistent with the provisions of this section are hereby repealed to the extent of any such inconsistency.
[Ord. No. 1175-99]
This section shall take effect after approval by the Commissioner of Transportation 20 days after passage and publication as prescribed by law.