[Adopted 2-2-1999 by Ord. No. 6031-99]
A. 
The Municipal Council of the City of Clifton hereby finds and declares that problems of traffic control occur when traffic around street construction, maintenance operations and utility work, above and below ground, 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 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.
B. 
The City of Clifton in the County of Passaic, State of New Jersey, does hereby adopt the current Manual on Uniform Traffic Control Devices, hereafter known 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. 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 as required under the public utility agreement, wishing to conduct work on, under or above the roadway to contact the office of the Chief of the Clifton Police Department in order to arrange a preconstruction meeting 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 office of the Chief of the Clifton Police Department is in violation of this section.
The person, contractor or utility shall provide the office of the Chief of the Clifton 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 the emergency contact cannot be reached, or if the emergency contact person does not respond to the call from the Clifton Police Department to correct a hazardous condition, the City may respond to correct such hazardous conditions. The reasonable fees for such emergency service by the City shall be charged to the person, contractor, or utility responsible for such conditions.
There shall be no construction, maintenance operations or utility work on any roadway in the City of Clifton 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 Chief of the Clifton Police Department. If it is determined by the Chief of the Clifton Police Department 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. to 4:00 p.m.
Traffic directors shall be posted at all construction or maintenance sites when determined by the office of the Chief of the Clifton Police Department that same is necessary to provide for the safe and expeditious movement of traffic.
The Chief of the Clifton Police Department 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 excavations and/or other related work, in order to abate any nuisance and/or safety hazard or for any violation of this article.
It is to be expressly understood that no materials, vehicles or equipment are to be placed in the roadway or sidewalk area until all construction, signs, lights, devices and pavement markings are installed.
Any person, contractor or utility who commits a violation of this article 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 for 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.