[Amended by Ord. No. 82-198; Ord. No. 84-198A; Ord. No. 85-198A; 6-26-1997 by Ord. No. 97-010]
A.
The Township of Manchester Council finds and declares
that problems of traffic control occur when traffic must be moved
through or around street construction, maintenance operations and
utility work, above or below the ground, which requires the blocking
of streets and/or obstructing the normal flow of traffic, and that
such obstructions are or can become dangerous when not properly controlled.
In order to promote the public health, safety and welfare, it is necessary
to establish controls and regulations directing the safe and expeditious
movement of traffic through and around construction and maintenance
zones and to provide for the safety of the work forces performing
these operations.
B.
The Township of Manchester, in the County of Ocean,
State of New Jersey, does hereby adopt the current Manual on Uniform
Traffic Control Devices for Streets and Highways, hereafter known
as the 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.
[Amended by Ord. No. 84-198A; 6-26-1997 by Ord. No. 97-010]
It shall be the responsibility of a person,
contractor or public utility wishing to conduct work on, under or
above the street, to contact the Police Department of the Township
of Manchester to arrange for 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 Police Department of the Township of
Manchester, is in violation of this section.
[Amended by Ord. No. 84-198A]
The person, contractor or utility shall provide
to the Police Department, prior to the start of any work, at least
two emergency contact telephone numbers to be called in the case of
emergency problems at the construction or maintenance site. If, for
any reason, emergency contact cannot be made, or if the emergency
contact person does not respond to a call from the Police Department
to correct a hazardous condition, the Township of Manchester may respond
to correct the hazardous condition(s). Reasonable fees for such emergency
services performed by the Township of Manchester shall be charged
to the person, contractor or utility responsible for the condition.
[Amended by Ord. No. 82-198[1]]
There shall be no construction, maintenance
operations or utility work on or under any street before the hour
of 7:00 a.m. or after the hour of 5:00 p.m. This time limit may be
adjusted to permit work prior to 7:00 a.m. or after 5:00 p.m. by the
officer in charge of the Police Department if the officer in charge
of the Police Department determines that work before or after the
prescribed hours would not substantially delay traffic or cause a
safety or health hazard or is of an emergent nature so as to affect
the public health, safety or welfare.
[Amended by Ord. No. 84-198A[1]]
Road closings and/or detours of streets for
construction, maintenance operations or utility work shall not be
permitted unless approved by the Chief of Police, or the designee
of the Chief of Police, and upon recommendations of the Police Department.
[Amended by Ord. No. 84-198A[1]]
Traffic directors shall be posted at all construction
or maintenance sites located on streets when it is determined by the
Chief of Police that same are necessary to provide for the safe and
expeditious movement of traffic around and/or through the construction
or maintenance zone.
[Amended by Ord. No. 84-198A]
It is expressly understood that no materials
or equipment are to be placed in any roadway or on any sidewalk until
all construction warning signs, lights or pavement markings are installed.
[Amended by Ord. No. 84-198A; 6-14-2010 by Ord. No. 10-012]
The Chief of Police of the Township of Manchester, or the designee of the Chief of Police, shall have the authority to stop work on any street, including the removal of equipment and vehicles, stored materials within the street right-of-way, backfilling of open excavations and/or related work, in order to abate any nuisance and/or safety hazard or for any violation of this Article IX.
[Amended by Ord. No. 82-198; 6-26-1997 by Ord. No. 97-010; 6-14-2010 by Ord. No. 10-012]
Any person, contractor or utility who commits a violation of this Article IX shall, upon conviction thereof for a first offense, pay a fine up to $500 and/or be imprisoned in the county jail for a term not to exceed five days. For a second offense, upon conviction thereof, pay a fine up to $1,000 and/or be imprisoned in the county jail for a term not to exceed 10 days. For a third and subsequent convictions, pay a fine of not less than $1,000 and/or be imprisoned in the county jail for a period not to exceed 30 days. A separate offense shall be deemed committed on each day that a violation occurs or on each part of a day that a violation continues.[1]
[1]
Editor’s Note: Former Art. X, Engine Braking, adopted
7-28-2008 by Ord. No. 08-024, and which immediately followed this
section, was repealed 8-28-2017 by Ord. No. 17-011.
