[Added 2-1-2001 by Ord. No. 1505-01]
In order to promote the public health, safety, peace and welfare, it is necessary to establish controls, regulations and procedures for the safe and expeditious movement of vehicular and pedestrian traffic through construction and maintenance work zones along streets and highways within the City of Passaic and to provide for the safety of the work forces performing these operations. These work zones include all areas within public streets through or around road/street construction, maintenance operations and utility work above or below the ground which requires blocking the roadway and obstructing the normal flow of traffic, and such obstructions can become dangerous to motorists and pedestrians when not properly controlled.
All traffic signs, signals, markings and transition materials placed in public streets to control traffic at work zones shall comply with the provisions of the current MUTCD. It shall be the responsibility of the contractor, utility or government agency performing work in public streets and highways to ensure compliance with the MUTCD and to provide and maintain all of the materials required during construction. Provision and maintenance of safe pedestrian crossing areas shall be required whenever the construction area impacts normal pedestrian pathways along sidewalks or at intersection crosswalks. All construction traffic control devices are to be removed upon completion of work.
A. 
Road opening permits are to be obtained for all work requiring excavations within the roadway proper on City streets from the City Engineer's office in compliance with Chapter 295 of the City Code and from the Passaic County Road Department for roadway excavations on county roads. It shall be the responsibility of the person in charge of any construction or maintenance work to obtain the necessary permits. This section does not apply to the City Public Works Department.
B. 
A preconstruction meeting is to be scheduled prior to initiation of construction for all projects requiring any work within the confines of any streets in the City of Passaic whenever the work involves excavation or maintenance under or above the roadway and requires the transition of vehicular or pedestrian traffic away from the work zone. A traffic control plan is to be provided to the Engineer's office prior to the preconstruction meeting for the safe movement of traffic past the work zone during construction for working and nonworking hours. It shall be the responsibility of the person in charge of the construction or maintenance project to arrange for the preconstruction meeting and to develop the appropriate traffic control plan. This section does not apply to public utilities performing normal maintenance work on over-the-road or underground electrical and communication transmission lines.
C. 
At least two emergency contact phone and pager numbers shall be provided to the Traffic Division and Engineer's office at the preconstruction meeting by the person in charge of construction or maintenance work in the event of emergency problems during nonworking hours at the site. If, for any reason, emergency contact persons cannot be reached or do not respond to a call from the Police Department or Engineer's office to correct a hazardous condition, then the City will take the necessary corrective action. The contractor or utility will be charged a reimbursement fee for municipal costs to correct such hazardous condition if they were the responsibility of the contractor or utility performing work at the site.
No road closures or detours will be permitted unless approved by the Traffic Division and Engineer's office. Notice shall be given to the Police Traffic Division and the Engineer's office at least 48 hours prior to onset of construction. Emergency road closures require immediate notification to the Police Desk Sergeant. All construction and maintenance work in the traveled roadway is to be performed between 7:00 a.m. and 5:00 p.m., Monday through Friday. Time limits and days may be adjusted as is in the best interest and safety of the public as determined by the Traffic Division and/or Engineer.
Traffic directors shall be posted at all construction sites at locations where vehicular traffic must be directed and controlled by personnel as determined by the Traffic Division and/or Engineer's office. Traffic directors shall be off-duty police officers or properly trained personnel in work zone safety. Verification of approved training for nonpolice traffic directors may be requested by the City.
The Traffic Division and/or the Engineer's office shall have the authority to stop work, including the removal of equipment, vehicles and stored materials within the street right-of-way, backfilling of open excavations and/or related work in order to abate any nuisance, traffic delay and/or safety hazard or for any violation of this section.
In the event of unforeseen and unanticipated emergencies requiring road work, the contractor and/or utility work crew shall comply with all the provisions of this article and the requirements of the MUTCD to the extent reasonably practicable with respect to procedural provisions. All steps to ensure the safety of the pedestrian and motoring public and the work crew will be adhered to. All procedural steps shall be complied with as soon as practicable after onset of emergency construction.
Any person, contractor, or utility who violates the provisions of this article shall, upon conviction, be subject to a first offense penalty of not less than $100 nor more than $500. Conviction of a second offense will carry a minimum fee of $250. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.