A.
The Council hereby finds and declares that problems
of traffic control occur when traffic must be moved around street
construction, maintenance operations and utility work, 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 safe and expeditious movement of traffic
through construction and maintenance zones and to provide safety for
the work force performing these operations.
B.
The Township of Ewing, in the County of Mercer, 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
operation or utility work obstructs the normal flow of traffic. A
person, contractor or utility who fails to comply with the provisions
of MUTCD while performing such work is in violation of this article.
[Amended 4-13-1999 by Ord. No. 99-04]
It shall be the responsibility of the person
or 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 Traffic Bureau of the Ewing Township
Police Department in order to arrange a preconstruction meeting 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 article prior to the start of such work or whose
plans are not approved by the Police Department is in violation of
this article.
[Amended 4-13-1999 by Ord. No. 99-04]
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
the emergency contact cannot be reached, or if the emergency contact
person does not respond to the call from the Traffic Bureau of the
Ewing Township Police Department to correct such hazardous conditions,
the Township may respond to correct such hazardous condition. The
reasonable fees for such emergency service by the Township shall be
charged to the person, contractor or utility responsible for such
conditions.
[Amended 4-13-1999 by Ord. No. 99-04]
There shall be no construction, maintenance
operations or utility work on any roadway in the Township 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 officer
in charge of the Traffic Bureau of the Ewing Township Police Department.
If it is determined by the officer in charge 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. and 4:00 p.m.
Road closings and/or traffic detours shall not
be permitted unless approved by the Ewing Police Department.
[Amended 4-13-1999 by Ord. No. 99-04]
Traffic directors shall be posted at all construction
or maintenance sites when determined by the Traffic Bureau of the
Ewing Township Police Department that the same is necessary to provide
for the safe and expeditious movement of traffic.
[Amended 4-13-1999 by Ord. No. 99-04]
The Traffic Bureau of the Ewing Township Police
Department shall have the authority to stop work, including the removal
of equipment, vehicles and 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.
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, such person shall pay a fine of
not less than $250 and/or be imprisoned in the county jail for a 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.
