[Added 3-22-99 by Ord. No. 99-17; amended 9-12-16 by Ord. 16-16]
The Council hereby finds and declares that problems of traffic control occur when 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 safe and expeditious movement of traffic through construction and maintenance zones and to provide safety for the work force performing these operations.
The Township of East Brunswick in the County of Middlesex, State of New Jersey, does hereby adopt the US DOT FHA current Manual on Uniform Traffic Control Devices, hereafter known as M.U.T.C.D. 2009 Edition, with Revision Numbers 1 and 2 incorporated, dated May 2012 as amended and supplemented from time to time, except as hereby supplemented and amended, as it controls and regulates whenever construction maintenance operations of 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 section.
It shall be the responsibility of the person, contractor, or in the case of a public utility as required under the public utility agreement, wishing to conduct work under the roadway or within the Right of Way of the roadway shall obtain the necessary permit from the planning and engineering department as outlined in Chapter 189 of this code.
It shall be the responsibility of the person, contractor, or in the case of a public utility as required under the public utility agreement, wishing to conduct work on, under or above the roadway to contact the Traffic Commander of the Township of East Brunswick, Department of Public Safety in order to schedule a pre-construction meeting to submit plans for 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 is in violation of this section.
The person, contractor, or utility shall provide the Traffic Commander of the Department of Public Safety with at least two (2) 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 Public Safety Department to correct a hazardous condition, the Township may respond to correct such hazardous condition. The reasonable fees for such emergency service by the Township shall be charged to the person, contractor, or utility responsible for such conditions.
There shall be no construction, maintenance operations, or utility work that would delay traffic or cause a safety hazard 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. if it is determined by the Township Engineer or his designee or Traffic Commander of the Department of Public Safety that said activities will not cause traffic delays or cause a safety or health hazard.
Road closings and/or traffic detours shall not be permitted unless a detour plan is submitted and approved by the Township Engineer or his designee and the Traffic Commander of the Department of Public Safety.
[Amended 5-23-2022 by Ord. No. 22-14]
Traffic directors 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 safe and expeditious movement of traffic. Traffic directors will not be permitted unless they are certified in the practice of traffic direction.
The Traffic Commander or his designee shall have the authority to stop work, including the removal of equipment and vehicles, stored material within the street right-of-way, backfilling of open excavation and/or other related work, in order to abate any nuisance and/or safety hazard or for any violation of this section.
[Added 5-23-2022 by Ord. No. 22-14]
This section authorizes the Township of East Brunswick to enter into contracts, the form of which is to be determined by the Chief of Police or their designee, with third-party persons and entities ("vendor'') wishing to secure services of police officers employed by the Township of East Brunswick.
A. 
Any vendor desiring to retain the services of police officers of the Township of East Brunswick for extra-duty police-related activities shall be required to enter into a contract with the Township of East Brunswick. Such contract may include, but not be limited to:
(1) 
The nature of duties to be performed;
(2) 
The occasion of said duties;
(3) 
The date and hours of service; and
(4) 
The rate of payment of services to the officers, administrative fees to the Township of East Brunswick, fees for the use of Township-owned equipment, and fees charged by any outside service provider.
B. 
The contract with said vendor may provide for the deposit of monies in advance by the vendor for the services to be performed if deemed necessary by the Chief of Police or their designee. Should the contract be for a term exceeding one month, the vendor may be required to tender an estimated payment for the first month's services upon executing the contract and will be billed on a periodic basis thereafter. Should the actual assignment of off-duty officers amount to less than the amount deposited, the Township of East Brunswick shall, upon termination of the contract and receipt of the final certified time slips, return all unused funds to the vendor. Nothing in this section shall be construed as limiting the power of the Township of East Brunswick to accept or reject any and all assignments with any vendor.
C. 
Except as provided herein, all contracts between a vendor and the Township of East Brunswick for extra-duty police services shall be for a minimum of three hours work or pay, unless agreed upon by the Chief of Police or designee. If a vendor cancels an extra duty assignment with less than two hours' notice, the officer(s) assigned to the extra-duty assignment shall be paid for three hours at the applicable rate.
D. 
Any vendor who mutually agrees with the Chief of Police that extraordinary circumstances exist which support a rate equal to the overtime rate of compensation for the specific officer(s) employed under the aforementioned extraordinary circumstances may enter into a contract with the Township of East Brunswick at the officer's overtime rate, provided that said rates shall not be lower than those set forth in § 3-117.
E. 
Extra-duty construction and road jobs performed by vendors that divert or interrupt motor vehicle or pedestrian traffic flow or may expose the public to the risk of injury shall require the services of off-duty East Brunswick police officers. The number of off-duty officers required shall be determined by the Chief of Police or designee. The Chief of Police or their designee has the authority to determine if the services of an off-duty officer or officers are not needed/or an extra-duty construction or road job.
[Added 5-23-2022 by Ord. No. 22-14]
A. 
Any person, contractor or utility who commits a violation of this article shall, upon conviction thereof, be subject to a penalty as follows:
(1) 
The minimum fine to be imposed/or a first offense shall be not less than $500.
(2) 
For any second offense, the fine shall be not less than $750.
(3) 
For a third or subsequent offense, pay a fine of not less than $1,000.
B. 
A separate offense shall be deemed committed on each day during or on which violation occurs or continues. Failure to abate a violation within 24 hours after notice of violation shall be considered a separate offense.