[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.
