[Added 7-6-1994 by Ord. No. 1604]
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 promote the public health,
safety, peace and welfare, it is necessary to establish controls and
regulation 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. All construction work
on, under or above any roadways in the Borough of Hawthorne shall
be subject to the requirements of this article.
The Borough of Hawthorne in the County of Passaic, State of
New Jersey, does hereby adopt the current Manual of 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 or 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.
It shall be the responsibility of the person or 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 Hawthorne Police Department in order to arrange a preconstruction
meeting to submit plans for the safe movement of traffic during such
period of construction work. Any person, contractor or utility who
fails to comply with this section prior to start of such work or whose
plans are not approved by the Traffic Safety Officer of the Police
Department or other designee of the Chief of Police is in violation
of this section.
The person, contractor or utility shall provide the Hawthorne
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 contact person does
not respond to the call from the Hawthorne Police Department to correct
the hazardous condition, the Borough may respond to correct the 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.
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. except for emergency work referred to in § 505-85. This time limit may be adjusted to permit work prior to 7:00 a.m. or after 6:00 p.m. by the Traffic Safety Officer of the Hawthorne Police Department. If it is determined by the Traffic Safety Officer of the Hawthorne Police Department 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 during appropriate hours fixed by the Traffic Safety Officer.
Road closings and/or detours shall not be permitted unless approved
by the Chief of Police or Traffic Safety Officer of the Hawthorne
Police Department.
Traffic directors shall be posted at all construction or maintenance
sites when determined by the Hawthorne Police Department that the
same is necessary for the safe and expeditious movement of traffic.
The Hawthorne 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 open excavations
and/or other related work, in order to abate any nuisance and/or safety
hazard or for any violation of this article.
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.
In cases when the construction work is unforeseeable and is
necessary to restore service or repair damage or failures in utilities
or public facilities, then the provisions of this article, and the
requirements of M.U.T.C.D., shall only apply to the extent reasonably
practicable. The Hawthorne Police Department shall be notified of
any such emergency, including the location, and estimated requirements
for traffic diversion and interruption by the person, contractor or
utility responsible for such emergency work, and all emergency construction
and repair operations shall be performed with full regard to public
safety and to keep traffic interference to an absolute minimum.
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; for a second
offense, upon conviction thereof, pay a fine of not less than $250
and/or be imprisoned in the county jail for a term not exceeding 90
days.
B.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
