[Added 10-26-2004 by Ord.
No. 4842]
The Township Committee of the Township of Union
hereby 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 the safe and expeditious movement of traffic through construction
and maintenance zones and to provide safety for the work forces performing
these operations.
The Township of Union in the County of Union
does hereby adopt the current Manual on Uniform Traffic Control Devices,
hereafter known as "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 MUTCD
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 wishing to conduct
work on, under or above the roadway, to contact the Township of Union
Police Department to arrange a preconstruction meeting in order to
submit plans for the safe movement of traffic during such period of
construction of 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 Township of Union Police Department
is in violation of this article.
The person, contractor or utility shall provide
the Township of Union 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 contacts cannot be reached or if the
emergency contact person does not respond to a call from the Police
Department to correct the hazardous condition, the Township may respond
to correct such hazardous conditions. The reasonable fees for such
emergency services by the Township shall be charged to the person,
contractor or utility responsible for such conditions.
[Amended 2-24-2009 by Ord. No. 5090]
Township, state and county contractors shall
be permitted to work on public roads between the hours of 7:00 a.m.
and 7:00 p.m. on weekdays, and between the hours of 9:00 a.m. and
4:00 p.m. on Saturdays. No work shall be permitted outside these hours
or at any time on Sunday unless it is deemed to be an emergency. Township,
state and county contractors may be restricted to, off-peak working
hours (e.g., 9:00 a.m. to 3:00 p.m., or 9:00 p.m. to 5:00 a.m.) if
it is determined by the Traffic Safety Officer of the Union Police
Department and/or his/her designee that the work will substantially
delay traffic on those roads if performed during the peak-hour periods.
For all other contractors, 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 Traffic
Safety Officer of the Union Police Department and/or his/her designee.
If it is determined by the Traffic Safety Officer of the Union Police
Department and/or, his/her designee 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.
Road closings and/or traffic detours shall not
be permitted unless approved by the Township of Union Police Department
10 days in advance of the start of work, unless in an emergency.
Traffic directors shall be posted at all construction
or maintenance sites when determined by the Township of Union Police
Department that the same are necessary to provide for the safety and
expeditious movement of traffic. It shall also be determined by the
Township of Union Police Department when the traffic director shall
be a police officer or a flagman.
The Township of Union Police Department, as
well as the Department of Public Works Superintendent, shall have
the authority to stop work, including the removal of equipment, 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 any violations of this article.
A.
Any person, firm
or corporation violating the provisions of this article shall, upon
conviction thereof, be subject to one or more of the following: a
fine of not more than $2,000, imprisonment for not more than 90 days,
or a period of community service not exceeding 90 days, in the discretion
of the Judge of the Municipal Court.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
A separate offense
shall be deemed committed on each day during or on which a violation
occurs or continues.
