[Added 5-8-1996 by Ord. No. 5-96]
A.
The Council hereby finds and declares that problems
of traffic control occur when traffic must be moved through or around
street construction, maintenance operations or utility work obstructing
the normal flow of traffic 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 safety and expeditious movement of traffic through construction
and maintenance zones and to provide safety for the work force performing
these operations.
B.
The Borough of Upper Saddle River in the County of
Bergen, State of New Jersey, 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 of 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 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 on, under or above
the roadway, to contact the Upper Saddle River Police Department in
order to arrange a preconstruction meeting in order to submit plans
for the safe movement of traffic during such period of construction
or 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 Chief of Police or his designee is in violation of
this section.
The person, contractor or utility shall provide
the 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 contact cannot be reached or if the emergency contact person
does not respond to the call from the Police Department to correct
a hazardous condition, the Borough of Upper Saddle River may respond
to correct such hazardous condition. The reasonable fees for such
emergency service by the Borough shall be charged to the person, contractor
or utility responsible for such condition.
There shall be no construction, maintenance
operations or utility work on any roadway in the Borough of Upper
Saddle River before the hour of 9:00 a.m. or after the hour of 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 Police if it is determined
by the Chief of Police that the construction or maintenance operations
prior to 9:00 a.m. or after 4:00 p.m. would not substantially delay
traffic or cause a safety or health hazard.
Road closing and/or traffic detours shall not
be permitted unless approved by the Chief of Police of the Upper Saddle
River Police Department.
Traffic directors shall be posted at all construction
or maintenance sites when determined by the Police Department that
the same is necessary to provide for the safety and expeditious movement
of traffic.
The Upper Saddle River Police Department shall
have the authority to stop work, including the removal of equipment
and vehicles, stored material within the street right-of-way, back
filling of open excavations and/or other related work, in order to
abate any nuisance and/or safety hazard or for any violation of this
section.
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.
A.
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 of not less than $250
and/or be imprisoned in the County Jail for term not exceeding 90
days.
B.
A separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.
