[HISTORY: Adopted by the Mayor and Council of the Borough of Buena 9-12-2011 by Ord. No. 583. Amendments noted where applicable.]
Editor's Note: Ord. No. 595, adopted 9-24-2012, provided: "The Chief of Police shall be replaced with the Director of Public Safety as the proper Borough authority to review and approve any application to conduct work on, under or above the roadways, request road closings or detours, set up traffic director, issue stop-work orders and other such duties set forth in Ordinance No. 583. The Public Safety Director shall make all decisions regarding Ordinance No. 583 after consultation with the Officer in Charge of the Buena Borough Police Department or their designee."
The purpose of this chapter is to establish controls and regulations directed toward the safe and expeditious movement of traffic through construction and maintenance zones throughout the Borough of Buena and to provide for the safety and compensation of the work force performing these operations. In addition, provisions of this chapter shall apply to all assignments which originate from a request for assistance or aid by any Director of Public Safety, chief law enforcement officer or designee of a bona fide state, county or municipal police department in the State of New Jersey; regardless of the geographic location of the assignment being inside, contiguous or extraterritorial to the Borough of Buena.
The Borough of Buena Mayor and Council hereby 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 and below ground, which requires blocking streets 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 enact such guiding principles, whereas the aforementioned potential problems may be prevented and avoided.
The Council of the Borough of Buena does hereby adopt the current Manual on Uniform Traffic Control Devices, Millennium Edition, as published by the American Traffic Safety Services Association (ATSSA) 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. A person, contractor or utility that fails to comply with the provisions of MUTCD while performing such work is in violation of this article.
It shall be the responsibility of the person, contractor, or utility wishing to conduct work on, under or above the roadway to contact the Director of Public Safety or his designee of the Borough of Buena Police Department in order to arrange a preconstruction meeting to submit plans for the safe movement of traffic during the period of construction of work. The Director of Public Safety or his designee has the authority to dictate the number of certified police officers required to ensure the safe movement of traffic in the construction zone. Any person, contractor or utility who fails to comply with this chapter prior to the start of such work and whose plans are not approved by the Director of Public Safety or his designee of the Borough of Buena Police Department is in violation of this chapter.
The person, contractor or utility shall provide the Borough of Buena Police Department with at least two emergency contact phone numbers to be called in the case of any emergency at the construction or maintenance site prior to the start of any work. If for any reason the emergency contact person cannot be reached or if the emergency person does not respond to the call from the Borough of Buena Police Department to correct the hazardous situation, the Borough may respond and correct such hazardous conditions. The reasonable fees for such emergency service by the Borough shall be charged to the person, contractor or utility responsible for such conditions.
Generally, there shall be no construction, Borough maintenance operations or utility work on any roadway in the Borough before the hour of 7:00 a.m. or after 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 Chief, or his designee, of the Borough of Buena Police Department, if reasonable conditions apply and after thoroughly reviewing such request.
Road closings and/or traffic detours shall not be permitted unless approved by the Director of Public Safety or his designee of the Borough of Buena Police Department.
Traffic directors, i.e., those police officers certified by accredited police academy, college, secondary school, traffic institute or university as knowledgeable of the Manual on Uniform Traffic Control Devices, shall be posted at all construction or maintenance sites when determined by the Director of Public Safety, or his designee, that same is necessary to provide for the safe and expeditious movement of traffic.
The Director of Public Safety or his designee shall have the authority to stop work, including effecting 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. The Borough may respond and correct any such hazardous and/or nuisance conditions. The reasonable fees for such emergency service by the Borough shall be charged to the person, contractor or utility responsible for such conditions.
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.
Payment for all certified police officers working all construction highway details for directing the appropriate movement of traffic flow may be coordinated by the Director of Public Safety or designee. The payment shall be the appropriate rate designated by the Police Department with an additional appropriate percentage fee for fringe benefits to include but not limited to social security, unemployment insurance, workers' compensation and a five-percent administrative fee added to the subtotal for all of the expenses that are required. The aforementioned fees shall be waived for nonprofit organizations, local government, local government authorities or other special districts of government, and any other just cause as determined by the Director of Public Safety and affirmed through resolution by Borough Council.
Rate: $50 per hour to be paid to each officer until 7:00 a.m. to 5:00 p.m.
Hours worked between 5:00 p.m. and 7:00 a.m. will be at a rate of $60 per hour.
Administrative fee: $10 per hour for each officer to be retained by the Borough to recover costs associated.
Minimum block of time. A minimum of four hours will be paid for each officer working each detail regardless of the actual time worked.
In the event the Director of Public Safety or designee determines that the use of a police motor vehicle is necessary, a fee of $50 per day or any part thereof for the use of said vehicle will be charged and made payable to the Borough Chief Financial Officer. Reference is made to Borough of Buena Code concerning third-party Police Department overtime.
All payments for road detail assignments shall be paid in advance through an off-duty police escrow account to be known as the "police overtime account" and all funds collected for services rendered shall be paid by and through such account. Reference is made to Borough of Buena ordinance for third-party overtime. The Director of Public Safety with consent of the Mayor may waive the prepayment requirement, or may amend prepayment requirement to a partial deposit.
The person, contractor or utility company shall provide the Borough of Buena Police Department a certificate of insurance in a form acceptable to the Borough Solicitor naming the Borough of Buena as an additional insured on a general liability insurance policy having policy limits not less than $1,000,000 per occurrence.
Any person, contractor or utility company shall complete and sign an application for a traffic director, which said application shall contain an agreement to indemnify and hold harmless the Borough of Buena for any claims or actions brought as a result of the use of Borough of Buena police officers by said party, including all attorney fees.
Any person, contractor, or utility who commits a violation of this chapter shall, upon conviction thereof, for the first offense, pay a fine of not less than $500 nor more than $1,000 and/or may be imprisoned in the county jail for a term not exceeding 90 days, or both; for a second offense, upon conviction thereof, pay a fine of not less than $1,000 nor more than $2,500 and/or may be imprisoned in the county jail for a term not exceeding 90 days, or both.
A separate offense shall be deemed committed on each day or on which each violation occurs or continues to occur.