[Adopted 9-25-2014 by Ord. No. 11-14]
The purpose of this article is to establish controls and regulations for the safe and expeditious movement of traffic through construction and maintenance zones throughout the Borough of Rockaway, and to provide for the safety and compensation of the members of the Rockaway Borough Police Department performing these operations. In addition, provisions of this article shall apply to all assignments which originate from a request for assistance or aid by a chief of police, 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 Rockaway, provided the entity making the request for assistance or aid agrees to make the payments required by this article.
A. 
The Borough of Rockaway, through the Mayor and Borough 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 guiding principles so that the aforementioned potential problems may be prevented and avoided.
B. 
The Borough of Rockaway, through the Mayor and Borough Council, does hereby adopt the current Manual on Uniform Traffic Control Devices, Millennium Edition (or the edition in effect at the time of a request for services hereunder), as published by the American Traffic Safety Services Association ("ATSSA") 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. A person, contractor or utility that fails to comply with the provisions of the 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 a roadway to contact the Chief of Police, or his designee, of the Borough of Rockaway Police Department in order to arrange a preconstruction meeting to submit plans for the safe movement of traffic during the period of construction work. The preconstruction meeting shall occur no less than three working days prior to the planned work. A "working day," for purposes of this section, shall be any day that the Borough Clerk's office is open. The Chief of Police 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. The occurrence of the preconstruction meeting shall not relieve the person, contractor or utility wishing to conduct work of its duty to fully comply with any other requirements imposed by the Borough with reference to the proposed work. Any person, contractor or utility who fails to comply with this article prior to the start of such work and whose plans are not approved by the Chief of Police or his designee of the Borough of Rockaway Police Department is in violation of this article.
The person, contractor or utility wishing to conduct work on, under or above a roadway shall provide the Borough of Rockaway Police Department with at least two emergency contact phone numbers to be called in case of any emergency at the construction or maintenance site prior to the start of work. If for any reason the emergency contact person cannot be reached, or if the emergency person does not respond to the call of the Borough of Rockaway Police Department to correct the hazardous situation, or if circumstances otherwise dictate that the Borough of Rockaway respond, 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, maintenance operations, or utility work on any roadway in the Borough of Rockaway prior to 7:00 a.m. or after 5:00 p.m. This time limit may be adjusted by the Chief of Police or his designee of the Borough of Rockaway Police Department to permit work prior to 7:00 a.m., or after 5:00 p.m., if, in the discretion of the Chief of Police or his designee, circumstances justify same, after thoroughly reviewing such request.
Road closings and/or traffic detours shall not be permitted unless previously approved by the Chief of Police or his designee.
[Amended 4-13-2023 by Ord. No. 23-05]
A. 
Police traffic directors, i.e., those police officers certified by a New Jersey Police Training Commission, certified police academy, or an accredited college, secondary school, traffic institute or university as knowledgeable on the MUTCD, shall be posted at all construction or maintenance sites when determined by the Chief of Police or his designee that same is necessary to provide for the safe and expeditious movement of traffic.
B. 
All road construction, traffic control or public safety functions required which impact motor vehicle or pedestrian traffic on Borough streets and/or public sidewalks or public safety within the Borough, shall require the use and assignment of a Borough police officer unless otherwise authorized by the Chief of Police or his designee. All persons and entities must request and receive approval for the assignment of off-duty police officers within the Borough from the Chief of Police or his designee.
The Chief of Police or his designee shall have the authority to stop work, including effecting the removal of equipment, vehicles and/or stored material 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. The Borough may respond and correct any such hazardous 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 until all construction signs, warning lights, devices and pavement markings are in place.
A. 
All requests to the Borough for the services of off-duty law enforcement officers in the Borough of Rockaway Police Department shall be forwarded to the Chief of Police. Any law enforcement officer, when so employed by the Borough, shall be treated as an employee of the Borough; provided, however, that wages earned for outside employment shall not be applied toward the pension benefits of law enforcement officers so employed, nor shall hours worked for outside employment be considered in any way compensable as overtime.
B. 
The fee for the services of all certified police officers working all construction highway/street details for directing the appropriate movement of traffic flow shall be as provided in Chapter A263, Fees, § A263-1, Fees established, Subsection M, Chapter 241, Vehicles and Traffic.
C. 
Any person or entity requesting the services of an off-duty law enforcement officer in the Borough of Rockaway Police Department shall estimate the number of hours such law enforcement services are required, which estimate shall be approved, in writing, by the Chief of Police. Unless otherwise prohibited by law, an escrow deposit will be required in an amount sufficient to cover the compensation and administrative fees as determined by the Chief Financial Officer. The prepayment requirement shall not apply in cases of utility emergency, i.e., gas main leak, telephone pole damaged in a motor vehicle collision, etc. In those cases, the utility will be billed for all services rendered.
D. 
Prior to posting any request for services of off-duty law enforcement officers, the Chief of Police, or his designee, shall verify that the balance in the escrow account of the person or entity requesting services is sufficient to cover the compensation and fees for the number of hours specified in the request for service. The Chief of Police shall not post a request for services from any person or entity unless all fees and compensation required in the manner described above have been deposited with the Chief Financial Officer. No officer shall provide any such services for more hours than are specified in the request for services.
E. 
In the event the funds in such an escrow account should become depleted, services of off-duty law enforcement officers shall cease and requests for further or future services shall not be performed or posted until additional funds have been deposited in the escrow account in the manner prescribed above.
F. 
The person or entity requesting such services shall be responsible for ensuring that sufficient funds remain in the escrow account in order to avoid any interruption of services.
The person, contractor or utility company shall provide the Borough of Rockaway with a certificate of insurance in a form acceptable to the Borough, naming the Borough of Rockaway as an additional insured on a general liability insurance policy having policy limits of not less than $1,000,000 per occurrence.
Any person, contractor or utility company shall complete and sign an application for a police traffic director, which application shall contain an agreement to indemnify and hold harmless the Borough of Rockaway for any claims or actions brought as a result of the use of Borough of Rockaway police officers by said party, which indemnification and hold harmless shall include all attorney fees and costs of suit.
The Borough Police Department shall have sole responsibility to immediately notify all affected agencies, including but not limited to fire and emergency personnel and school transportation, of any work under this article that would delay or interfere with the provision of such services.
A. 
Any person, contractor or utility who commits a violation of this article 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 period of 90 days.
B. 
A separate offense shall be deemed committed on each day or on which each violation occurs or continues to occur.