The governing body of the City finds and declares that problems of traffic control occur when street construction, maintenance operations and utility work are taking place on the City streets. This requires the blocking of the street and the obstructing of the normal flow of traffic. Such obstructions can become dangerous when not properly controlled. In order to promote the public health, safety and welfare, it is necessary to establish controls and regulations for the safe and efficient movement of traffic through the construction and maintenance zones. Accordingly, the governing body of the City hereby adopts by reference and incorporates herein the current Manual on Uniform Traffic Control Devices as it controls and regulates traffic whenever construction, maintenance operations or utility work obstructs the normal flow of traffic.
In accordance with the provisions of N.J.S.A. 39:4-197.3, the governing body of the City is authorized to adopt special traffic regulations by resolution when declaring an emergent or temporary condition that warrants special traffic regulations. These regulations may be provided for a period of time not to exceed three months from the effective date of the resolution. Notice of these regulations shall be given as required by N.J.S.A. 39:4-198. Approval of an emergency resolution is required from the Commissioner of Transportation to be effective pursuant to N.J.S.A. 39:4-202.
It shall be the responsibility of the person, contractor or public utility desiring to conduct work on, under or above the street to contact the traffic safety section of the Millville Police Department to arrange a preconstruction meeting in order to submit plans for the safe and efficient movement of traffic during the period of construction or repair. Any person, contractor or public utility who fails to comply with this section prior to the start of work or whose plans are not approved by the Traffic Safety Section of the Millville Police Department is in violation of these regulations.
The person, contractor or public utility shall provide the Traffic Safety Section of the Millville Police Department with at least two emergency contact telephone numbers to be called in the case of emergency problems occurring at the construction or maintenance site. These telephone numbers shall be provided prior to the start of any work. If for any reason the emergency contact cannot be reached, or if the emergency contact person does not respond to the telephone call from the Police Department to correct a hazardous condition, the City through its personnel may respond to correct the hazardous condition. The reasonable fees for this emergency service provided by the City shall be charged to the person, contractor or public utility responsible for the hazardous condition.
There shall be no construction, maintenance operations, or utility work performed on any street under local jurisdiction within the City before the hour of 8:00 a.m. or after the hour of 5:00 p.m. This time limit may be adjusted to permit work at other times if authorized by the Chief of Police or his designated representative. However, this time limit shall not be modified if the Chief of Police or his designated representative determines that work performed at other times would substantially delay traffic or cause a health or safety hazard.
A. 
Pursuant to N.J.S.A. 39:4-98.2, the Chief of Police is designated as the official authorized to reduce the regular speed limit on streets under local jurisdiction for up to 72 hours for the purpose of street maintenance and repairs.
B. 
Traffic detours shall be permitted and traffic directors shall be posted at all construction or maintenance sites when it is determined by the Chief of Police or the Traffic Safety Section of the Millville Police Department that it is necessary for the health, safety and welfare of the public.
No equipment, vehicles or material shall be placed on the street or the sidewalk area until all construction devices, lights, signs and pavement markings have been installed for the construction or maintenance area.
The Chief of Police or his designated representative shall have the authority to stop work in order to abate any nuisance and safety hazard or for any violation of these regulations. His authority shall include the right to order the removal of equipment, vehicles and stored material from within the right-of-way of any street under local jurisdiction, and he may order the backfilling of open excavations and other related work in order to abate any nuisance and safety hazard.
Any person, contractor or public utility convicted of a violation of these regulations shall receive the following penalties. A separate offense shall be deemed committed on each day a violation occurs or continues.
A. 
For a first offense: a fine of not less than $100 nor more than $500, or imprisonment for a period not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof at the discretion of the Municipal Court Judge.
B. 
For a second or subsequent offense: a fine of not less than $250 nor more than $1,000, or imprisonment for a period not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof at the discretion of the Municipal Court Judge.