[Adopted 8-13-1996 by Ord. No. 1016-96]
A.
The Mayor and Borough Council hereby finds and declares
that problems of traffic control occur when traffic must be moved
through or around road or street construction, maintenance operations
and utility work, above or 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 forces performing
these operations.
B.
The Borough of Caldwell, in the County of Essex, New
Jersey, does hereby adopt the current Manual on Uniform Traffic Control
Devices, and its supplements, hereafter known as "MUTCD," as its controls
and regulations whenever construction, maintenance operations or utility
work obstructs the normal flow of traffic. Any person, contractor
or utility who or which 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 public utility wishing to conduct work on, under or
above the roadway to contact the Caldwell Police Department in order
to submit plans for the safe movement of traffic during such period
of construction or work. Any person, contractor or utility who or
which fails to comply with this section prior to the start of such
work or whose plans are not approved by the Caldwell Police Department
is in violation of this section.
The person, contractor or utility shall provide
the Police Department with at least two emergency contact telephone
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 contacts cannot be reached or if the emergency contact person
does not respond to a call from the Caldwell Police Department to
correct a hazardous condition, the Borough may respond and correct
such hazardous condition. The reasonable fees for such emergency services
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 before the
hour of 8:00 a.m. or after 5:00 p.m. This time limit may be adjusted
to permit work prior to 8:00 a.m. or after 5:00 p.m. by the Caldwell
Police Department. If it is determined by the Police Department that
the construction or maintenance operations prior to 8:00 a.m. or after
5:00 p.m. would substantially delay traffic or cause a safety or health
hazard, the work shall then be permitted only between 8:00 a.m. and
5:00 p.m.
Road closings and/or traffic detours shall not
be permitted unless approved by the Caldwell Police Department.
Traffic directors shall be posted at all construction
or maintenance sites when determined by the Caldwell Police Department
that the same are necessary to provide for the safety and expeditious
movement of traffic.
The Caldwell Police Department shall have the
authority to stop work, including the removal of equipment and vehicles,
stored materials 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 for any violation of this article.
A.
Any person, contractor or utility who or which commits
a violation of this article shall, upon conviction thereof, be punishable
by a fine of not more than $2,000, imprisonment for not more than
90 days, a period of community service not to exceed 90 days, or a
combination thereof.
[Amended 7-13-1999 by Ord. No. 1073-99; 10-14-2008 by Ord. No. 1187-08]
B.
A separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.
