[HISTORY: Adopted by the Township Committee of the Township of Mullica 6-22-2004 by Ord. No. 9-2004. Amendments noted where applicable.]
The Township Committee hereby finds and declares that problems with traffic control occur when traffic must be moved through or 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 workforce performing these operations. The Township of Mullica in the County of Atlantic and State of New Jersey does hereby officially adopt the current manual on Uniform Traffic Control Devices hereinafter known as 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 the MUTCD while performing such work is in violation of this section.
Any vehicle parked in violation of this section of the Code of the Township of Mullica shall be deemed a nuisance and a menace to the safe and proper regulation of traffic, and any police officer may provide for the removal of such vehicle. The owner shall bear the reasonable cost of removal and storage which may result from such removal before regaining possession of said vehicle.
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 any road within the Township of Mullica to contact the Mullica Township Police Department in order to arrange a preconstruction meeting and 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 Mullica Township Police Department shall be considered in violation of this section of the Code.
The person, contractor, or utility shall provide the Mullica Township Police Department with at least two emergency contact phone numbers to be called in case of an emergency at the construction or maintenance site prior to the start of any work. It for any reason emergency contact cannot be achieved, or if the emergency contact person does not respond to the call from the Mullica Township Police Department to correct the hazardous condition, the Township may respond to correct said 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. Nothing in this section or in any portion of the Code of the Township of Mullica shall be deemed to place the requirement, obligation or responsibility on the Township or any of its officers, agents or employees to be liable for any hazardous condition or inspection and abatement of the same, and the Township of Mullica specifically reserves any and all rights and immunities as afforded to it pursuant to statute, case law or otherwise.
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 project employed by the Mullica 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 subsequent to 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 Mullica Township Police Department.
Traffic directors shall be posted at all construction or maintenance sites when determined by the Mullica Township Police Department that the same is necessary to provide for the safe and expeditious movement of traffic.
The Mullica Township 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 section.
It is 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, utility or other entity who commits a violation of this chapter shall, upon conviction thereof for a first offense, pay a fine of not less than $100 nor more then $500 and/or be imprisoned in the County Jail for a term not exceeding 90 days all in the discretion of the Municipal Court Judge; for a second offense, upon conviction thereof, pay a fine of not less then $250 or more then $1,250 and/or be imprisoned in the County Jail for a term not exceeding 90 days in the discretion of the Municipal Court Judge. A separate offense shall be deemed committed on each day during which a violation occurs or continues.