[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank by Ord. No. 1990-15 (Sec. 3-11 of the 1987 Revised General Ordinances). Amendments
noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 680.
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 Borough of Red Bank, in the County of Monmouth, State of New
Jersey, 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 chapter.
It shall be the responsibility of the person, contractor, or
public utility wishing to conduct work on, under or above the roadway
to contact the Traffic Bureau of the Red Bank 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 chapter prior to the start of such work or whose plans are not
approved by the Traffic Bureau of the Red Bank Police Department is
in violation of this chapter.
The person, contractor or utility shall provide the Traffic
Bureau 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 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 Borough may respond to correct such a hazardous condition.
There shall be no construction, maintenance operations or utility
work on any roadway in the Borough before the hour of 7:00 a.m. or
after 6:00 p.m. This time limit may be adjusted to permit work prior
to 7:00 a.m. or after 6:00 p.m. by the officer in charge of the Traffic
Bureau of the Red Bank Police Department. If it is determined by the
officer in charge of the Red Bank Police Traffic Bureau that the construction
or maintenance operations prior to 7:00 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 7:00 a.m. to 6:00 p.m.
Road closings and/or traffic detours shall not be permitted
unless approved by the Borough Police Traffic Bureau.
Regular police officers shall be posted at all construction
or maintenance sites when determined by the Red Bank Police Traffic
Bureau that same is necessary to provide for the safety and expeditious
movement of traffic. All costs connected with such traffic controls
shall be at the cost of the applicant.
The Traffic Bureau of the Red Bank 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 chapter.
A.
Any person, contractor or utility who commits a violation of this
chapter shall, upon conviction thereof for a first offense, pay a
fine of not less than $100 nor more than $500. For a second offense,
upon conviction thereof, pay a fine of not less than $250. For a third
or subsequent conviction, pay a fine of not less than $500 and/or
be imprisoned in the county jail for a term not exceeding 30 days.
B.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.