A.
The 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 Township of Marlboro does hereby adopt the current
Manual on Uniform Traffic Control Devices, 1978 Edition, hereafter
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 MUTCD
while performing such work is in violation of this section.
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, Section 16.25-9.2, wishing to conduct
work on, under or above the roadway to contact the Traffic Bureau
of the Marlboro Township Police Department in order to arrange a preconstruction
meeting in order 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 section prior to the start
of such work or whose plans are not approved by the Traffic Bureau
of the Marlboro Township Police Department is in violation of this
section.
The person, contractor or utility shall provide
the Traffic Bureau 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 Police Department to correct a
hazardous condition, the Township may respond to correct such hazardous
condition. The reasonable fees for such emergency services by the
Township shall be charged to the person, contractor or utility responsible
for the conditions.
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 Township of Marlboro Police
Department. If it is determined by the officer in charge of the Police
Traffic Bureau 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. to 4:00 p.m.
Road closings and/or traffic detours shall not
be permitted unless approved by the Marlboro Township Police Traffic
Bureau.
Traffic directors shall be posted at all construction
or maintenance sites when determined by the Marlboro Township Police
Traffic Bureau that the same are necessary to provide for the safety
and expeditious movement of traffic.
The Traffic Bureau of the Marlboro 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 article.
A.
Notwithstanding the penalties listed in § 138-4 of this chapter, 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 to exceed 90 days. For a second offense, upon conviction thereof, a violator shall pay a fine of not less than $250 or be imprisoned in the county jail for a term not to exceed 90 days. For a third or subsequent conviction, a violator shall pay a fine of not less than $500 and/or be imprisoned in the county jail for a term not to exceed 90 days.
B.
A separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.
