[Added 3-23-2016 by Ord. No. 2016-01]
The Mayor and Council of the Borough of Englishtown hereby find and declare that problems of traffic control occur when traffic must be moved through or around street construction, maintenance operations and utility work, above- and belowground, which requires blocking of streets, sidewalks 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 enact such guiding principles whereby the aforementioned potential problems may be prevented and avoided.
The purpose of this article is to establish controls and regulations directed toward the safe and expeditious movement of traffic through construction and maintenance zones throughout the Borough of Englishtown; to provide for the safety of Borough Police Department personnel and to provide for compensation of Police Department personnel performing these assignments. The provisions of this article shall apply to all assignments that originate from a request for assistance or aid by any chief law enforcement officer or appropriate authority of a bona fide state, county or municipal police department in the State of New Jersey, regardless of the geographic location of the assignment being inside, contiguous or extraterritorial to the Borough of Englishtown, provided the entity making the request for assistance or aid agrees to make the payment required by this article.
The Mayor and Council of the Borough of Englishtown hereby adopt the current Manual on Uniform Traffic Control Devices, Millennium Edition, as published by the American Traffic Safety Services Association (ATSSA), hereinafter referred to as the "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. A person, contractor or utility that fails to comply with provisions of the MUTCD which performing such work is in violation of this article.
It shall be the responsibility of the person, contractor or utility wishing to conduct work on, under or above the roadway to contact the Borough Police Department and schedule a preconstruction meeting and to submit plans for the safe movement of traffic during the period of construction. Persons wishing or intending to perform the above-described work within the Borough shall enter into a written agreement with the Borough, providing for special extra-duty assignment of Police Department personnel, which agreement shall specify the current rates of compensation, fees, hours and meal breaks for officers and a cancellation policy. The Police Department shall have the authority to dictate the number of police officers required to ensure the safe movement of traffic in the construction zone. Any person who fails to comply with this provision and whose plans are not approved by the Police Department is in violation of this article and is subject to the penalties set forth in this article.
The person, contractor or utility shall provide the Police Department with at least two emergency contact telephone numbers in case of an emergency at the site. This information shall be provided prior to the commencement of work.
Construction, maintenance operations of utility work on any public street or road in the Borough shall not commence prior to 8:00 a.m. and shall terminate at 5:00 p.m. The time limits set forth herein may be adjusted by the Police Department in emergency and/or extraordinary situations.
The Police Department shall have the authority to stop work in order to abate any nuisance or safety hazard that may arise at the construction or repair site and/or for any violation of the terms of this article.
No materials, vehicles or equipment shall be placed in the public right-of-way or sidewalks until all required warning signs, lights, devices and pavement markings have been installed.
A. 
All requests for the services of off-duty police officers shall be submitted to the Police Department, and the selection and assignment of off-duty officers shall be at the discretion of the Police Department. Wages earned by off-duty Borough police officers for outside employment shall not be applied toward the pension benefits of law enforcement officers so employed, nor shall hours worked for outside employment be considered in any way as compensable as overtime.
B. 
Payment for all off-duty police officers working highway/street details shall be paid at the rate established by Borough ordinance.
C. 
Persons requesting the services of off-duty police officers for the purposes stated herein shall submit an estimate of the number of hours such law enforcement services are required. Payments for the services to be rendered, based on said estimate, shall be deposited in an escrow account with the Chief Finance Officer of the Borough.
D. 
In the event the funds deposited in said escrow account become depleted, services of off-duty officers shall cease until the escrow account is replenished in the manner prescribed above.
E. 
The person requesting such services shall be responsible for ensuring that sufficient funds remain in the escrow account in order to avoid any interruption of services.
F. 
The prepayment requirement shall not apply in cases of utility emergencies, i.e., gas-main leaks, downed power lines, telephone pole damage, etc. In such cases, the utility will be billed for all services rendered.
A. 
Any person, contractor or utility who violates the terms and provisions of this article shall be, upon conviction thereof for the first offense, subject to a fine of not less than $1,000 not more than $2,500 and may be imprisoned in the county jail for a term not exceeding 90 days, or both. Upon a second conviction, the fine shall be not less than $2,500 and imprisonment in the county jail for a term of 90 days.
B. 
A separate offense shall be deemed committed on each day on which a violation occurs or continues.