[Added 3-20-2008 by Ord. No. 836]
A. 
The 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 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 force performing these operations.
B. 
The Borough of Oceanport in the County of Monmouth, State of New Jersey, does hereby adopt the current Manual on Uniform Traffic Control Devices, hereafter known as M.U.T.C.D., except as hereby supplemented and amended, as it controls and regulates whenever construction, maintenance operations of utility work obstructs the normal flow of traffic. Any person, contractor or utility who fails to comply with the provisions of M.U.T.C.D. while performing such work is in violation of this section.
A. 
It shall be the responsibility of the person, contractor or, in the case of a public utility, as required under the public utility agreement, wishing to conduct work on, under or above the roadway, to contact the Police Chief, Captain or the Traffic Safety Bureau of the Oceanport Police Department in order to arrange a preconstruction meeting 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 their start of such work or whose plans are not approved by the Traffic Safety Bureau of the Oceanport Police Department is in violation of this section.
B. 
Prior to the start of construction operations, the contractor shall assign a supervisory-level employee to be the traffic control coordinator. The Traffic Safety Bureau of the Oceanport Police Department shall be notified as to the name of this individual at the preconstruction meeting, along with a method of contacting the individual on a twenty-four-hour, seven-day-a-week basis.
The person, contractor or utility shall provide the Oceanport Police Department with at least two emergency contact phone 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 contact cannot be reached or if the emergency contact person does not respond to the call from the Police Department to correct a hazardous condition, the Borough may respond to correct such hazardous condition. The reasonable fees for such emergency service by the Borough shall be charged to the person, contractor or the utility responsible for such conditions.
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 6:00 p.m. The Chief of Police or the officer in charge of the shift of the Oceanport Police Department may adjust this time limit to permit work prior to 8:00 a.m. or after 6:00 p.m. This limitation shall not apply to work of an emergency nature or work requiring immediate attention, nor shall it apply to work which can only be done within the restricted hours of the morning. If such work is to occur, the Oceanport Police Department shall be notified immediately. If it is determined by the officer in charge of the Traffic Safety Bureau that the construction or maintenance operations prior to 8:00 a.m. or after 6:00 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. or 6:00 p.m. not to exceed three days except on further application citing specific reasons and on approval of Traffic Safety Management.
A. 
The Oceanport Police Department must approve any road closing in the Borough of Oceanport and deem if necessary to use police officers for traffic control. Failure to do so will result in the job being shut down.
B. 
Road closings and/or traffic detours shall not be permitted unless approved by the Oceanport Police Department.
C. 
Should the contractor begin work prior to the work zone being properly established as described herein, the Borough of Oceanport shall assume no responsibility for tort liability issues arising from the contractor's premature start. All liability and consequences arising from a premature start are solely the contractor's. It should be noted that at the conclusion of the workday, the detour route will be discontinued and the area under construction reopened to traffic until the start of the following workday.
D. 
Therefore, the contractor shall ensure that all of his equipment and materials are removed from the roadway, the road clear of all debris and that all raised manholes, inlets and other appurtenances have traffic control devices (i.e., drums) placed over them.
E. 
In the event that a manhole, inlet or other appurtenances is in the middle of a travel way and the placement of a traffic device would impede the flow of traffic, the manhole, inlet or other appurtenance will be ramped with fresh bituminous material (either cold or hot mix). The use of millings to perform this operation will not be allowed.
A. 
Certified traffic directors shall be posted at all construction or maintenance sites when determined by the Oceanport Police Department's Traffic Safety Bureau that same is necessary to provide for the expeditious movement of traffic.
B. 
The contractor shall notify the respective Police Department at least two working days in advance of requiring certified traffic directors. The contractor shall be responsible for all arrangements regarding the certified traffic directors.
C. 
Contractors wishing to utilize private certified traffic directors must supply to the Police Department the certifications and training documents of all directors that will be in the roadway or controlling vehicular or pedestrian traffic.
The Oceanport Police Department shall have the authority to stop work, including the removal of equipment and vehicles and stored material within the street right-of-way, backfilling of an open excavation and/or other related work, in order to abate any nuisance and/or safety hazard or for any violation of this article.
A. 
It is to be expressly understood that 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.
B. 
It shall be the contractor's responsibility to maintain driveway access for all adjacent property owners. In the event that the driveway access must be temporarily denied, the contractor shall provide written notice to the Oceanport Police Department and the property owner at least five working days in advance of the driveway closing.
C. 
The contractor shall present to the Oceanport Police Department all traffic control devices and materials necessary to execute proper maintenance and protection of traffic operations for the project. The number and type of traffic control devices shall be as deemed necessary by the Oceanport Police Department. The contractor shall have all traffic control devices and materials present for examination at least five working days prior to start of work.
D. 
All traffic control devices supplied are to be new or in good condition. Traffic devices damaged under the work contract as a result of carelessness or mishandling by the contractor (i.e., running over cones or barrels with his equipment or splashing tar on traffic control devices, etc.) shall be replaced by the contractor within five working days.
E. 
The Oceanport Police Department reserves the right to reject any traffic control device which, in its sole opinion, does not satisfy the criteria of M.U.T.C.D. specifications, is damaged or otherwise incapable of providing the function for which it was intended. In this event, the contractor shall replace the deficient traffic control device and/or materials within two working days. Upon completion of a municipal contract project, all traffic control devices and materials become the property of the Borough of Oceanport.
A. 
The following is a list of streets that must have a certified traffic director while work is being conducted. Failure to have a certified traffic director will result in the job being shut down. All other roads are at the discretion of the Chief, Captain or Traffic Bureau.
(1) 
Port-Au-Peck Avenue.
(2) 
Oceanport Avenue.
(3) 
East Main Street.
(4) 
Main Street.
(5) 
Eatontown Boulevard.
(6) 
Wolf Hill Avenue.
(7) 
Asbury Avenue.
(8) 
Relwof Avenue.
(9) 
Bridgewaters Drive.
(10) 
Comanche Drive.
(11) 
Monmouth Boulevard.
(12) 
Shrewsbury Avenue.
(13) 
Branchport Avenue.
(14) 
Pemberton Avenue.
(15) 
Monmouth Road.
(16) 
Myrtle Avenue.
B. 
Whenever a certified traffic director is required or requested for traffic control, the person, contractor or utility is responsible for the costs of the certified traffic directors and equipment. When the contractor chooses to use Oceanport police officers to direct traffic, officers will be assigned by the Police Department and their rate of pay will be established by the Borough of Oceanport. A reasonable fee will be added to the hourly rate to cover workers' compensation, Medicare and the use of Police Department equipment and vehicles.
C. 
When the contractor chooses to use Oceanport police officers to direct traffic, payment to cover the estimated cost of traffic control for the project must be delivered to the Borough of Oceanport prior to the beginning of work.
A. 
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 exceeding 90 days.
B. 
For a second offense, upon conviction thereof, pay a fine for not less than $250 and/or be imprisoned in the County Jail for a term not exceeding 90 days.
C. 
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.