Borough of Buena, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Buena 9-12-2011 by Ord. No. 583. Amendments noted where applicable.[1]]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 218.
Motor-driven vehicles — See Ch. 221.
[1]
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."
[Amended 1-22-2018 by Ord. No. 661]
The purpose of this chapter is to establish controls and regulations directed toward the safe and expeditious movement of traffic in construction and maintenance zones throughout the Borough of Buena and to provide for the safety and compensation of the workforce performing these operations. In addition, provisions of this chapter shall apply to all assignments which originate from a request for assistance or aid by the Chairman of the Public Safety Committee, Police Department, county or municipal police department in the State of New Jersey; regardless of the geographic location of the assignment, of being inside, contiguous or extraterritorial to the Borough of Buena.
A. 
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.
B. 
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.
C. 
The Council of the Borough of Buena hereby adopts Chapter 290 of the Code of the Township of Franklin and the Franklin Township Police Department shall enforce the same.
[Added 1-22-2018 by Ord. No. 661]
[1]
Editor’s Note: Former § 213-3, Preconstruction meetings, § 213-4, Hazardous conditions, and § 213-5, Hours of road work, were repealed 1-22-2018 by Ord. No. 661.
[Amended 1-22-2018 by Ord. No. 661]
Road closings and/or traffic and detours shall not be permitted unless approved by the Public Safety Committee Chairman or his designee as well as the Franklin Township Police Department.
[1]
Editor’s Note: Former § 213-7, Traffic directors, § 213-8, Stop work, § 213-9, Site preparation, and § 213-10, Payment for services rendered by traffic directors, were repealed 1-22-2018 by Ord. No. 661.
[Amended 1-22-2018 by Ord. No. 661]
The person, contractor or utility company shall provide the Franklin Township Police Department and Chairman of the Public Safety Committee 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.
[Amended 1-22-2018 by Ord. No. 661]
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 the Franklin Township Police Department.
A. 
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.
B. 
A separate offense shall be deemed committed on each day or on which each violation occurs or continues to occur.