Whenever any words and phrases are used in this chapter, the
meanings respectively ascribed to them in Subtitle of Title 39 of
the New Jersey Statutes Annotated shall be deemed to apply to such
words and phrases used herein. With respect to words and phrases which
are not defined in Subtitle I of Title 39, the following definitions
shall apply:
Whenever certain hours are named in this chapter, they shall
mean either Eastern standard time or Eastern daylight saving time
as may be in current use.
Physical impairment which confines a person to a wheelchair,
causes a person to walk with difficulty or insecurity, affects the
sight or hearing to the extent that a person functioning in public
areas is insecure or exposed to danger, causes faulty coordination
or reduces mobility, flexibility, coordination and perceptiveness
to the extent that facilities are needed to provide for the safety
of that person.
Any building, structure facility or complex used by the general
public, including but not limited to theaters, concert hall, auditoriums,
museums, schools, libraries, recreation facilities, public transportation
terminals and stations, factories, office buildings, business establishments,
passenger vehicle service stations, shopping centers, hotels or motels
and public eating places, constructed by any state, county or municipal
governmental agency or instrumentality or any private individual,
partnership, association or corporation, with the following exceptions:
one- to four-family private residences, warehouse storage areas and
all buildings classified as hazardous occupancies. As used herein,
"hazardous occupancy" means the occupancy or use or a building or
structure, or any portion thereof, that involves highly combustible,
highly flammable or explosive material or which has inherent characteristics
that constitute a special fire hazard. "Public buildings" shall include
all existing public buildings and all public buildings constructed
in the future.
A special vehicle identification certificate and/or license
plate issued by the Director of Motor Vehicles pursuant to N.J.S.A.
39:4-206.
A.
The Chief of Police of Mount Olive Township is hereby authorized
to provide by regulation for the closing of any street or portion
thereof to motor vehicle traffic on any day or days whenever he finds
that such closing is necessary for the preservation of the public
safety, health or welfare.
B.
Any regulations promulgated by the Chief of Police and in accordance with Subsection A above, shall provide for the posting of proper warning signs of such closing on any street or portion thereof during the time the same is closed in pursuance thereof.
C.
Any violation of this regulation promulgated hereunder shall be punished by a fine not to exceed the penalties outlined in § 375-4.
D.
Any regulation adopted that mandates the closing of any street for
a period greater than 48 consecutive hours shall not become effective
unless and until it has been submitted to and approved by the Commissioner
of the Department of Transportation.
Any vehicle parked in violation of this chapter shall be deemed
a nuisance and a menace to the safe and proper regulation of traffic,
and any police officer may provide for the removal of such vehicle.
The owner shall bear the reasonable costs of removal and storage,
which may result from such removal before regaining possession of
the vehicle.
Unless another penalty is expressly provided by New Jersey Statute,
every person convicted of a violation of a provision of this chapter
or any supplement thereto shall be liable to a penalty of not more
than $50 or imprisonment for a term not exceeding 15 days, or both.
The Mount Olive Police Department has the authority to declare
that problems of traffic control exist or may exist when traffic must
be moved through or around street construction, maintenance operations
and utility work, either above or below the ground; which requires
blocking the street and obstructing the normal flow of traffic; and
that such obstructions are or can become dangerous when not properly
controlled.
A.
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 and around construction
and maintenance zones and to provide safety for the work forces performing
these operations.
B.
The Township of Mount Olive, in the County of Morris, State of New
Jersey, does hereby adopt the current Manual on Uniform Control Devices
for Streets and Highways, 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. Any person, contractor or utility that fails
to comply with the provisions of the MUTCD while performing such work
is in violation of this section.
C.
Preconstruction meeting. It shall be the responsibility of the person,
contractor, or in the case of a public utility as required under the
public utility agreement, Section 16:25-9.2, wishing to conduct work
on, under or above the street to contact the Mount Olive Township
Police Department, in order to arrange a preconstruction meeting and
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 the start of such work, or whose
plans are not approved by the Mount Olive Township Police Department
and the Township of Mount Olive, is in violation of this section.
D.
Emergency contact telephone numbers. The person, contractor or utility
shall provide at least two emergency contact telephone 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 must be made, or if the emergency contact person does not
respond to a call from the Police Department to correct such hazardous
condition, the Township of Mount Olive may respond to correct the
hazardous condition(s). The reasonable fees for such emergency services
by the Township of Mount Olive shall be charged to the person, contractor,
or utility responsible for the condition.
E.
Hours. There shall be no construction, maintenance, operations, or
utility work on a roadway in the Township before the hour of 8:00
a.m. or after 4:00 p.m. The Chief of Police, or his designee, may
adjust this time limit to permit work prior to 8:00 a.m. or after
4:00 a.m. If the officer in charge determines that the construction
or maintenance operations prior to 8:00 a.m. or after 4:00 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 after 4:00
p.m.
F.
Road closing. Road closing and/or traffic detours shall not be permitted unless approved by the Mount Olive Township Police Department's Traffic Bureau. In the event that a road will need to remain closed outside of construction or maintenance operations, the road closure will not be permitted until the Mount Olive Township Council have passed an ordinance indicating approval of such. If the road is to be closed for longer than the hours outlined in Subsection E, the Township shall notify the residents in the area or make effort to alert the motoring public of such closure.
G.
Traffic control. Traffic control shall be posted at all construction
or maintenance sites when determined by the Mount Olive Township Police
Department, that same is necessary to provide for the safe and expeditious
movement of traffic.
H.
Stop work. The Mount Olive Township 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 related work, in order to abate any nuisance
and/or safety hazard or for any violation of this section.
I.
Site preparation. It is to be expressly understood that no materials,
vehicles or equipment are to be placed in the roadway or sidewalk
or until all construction, signs, light devices and pavement markings
are installed.
J.
Violations and penalties. 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 correctional facility for a term not exceeding
90 days. For a second offense, upon conviction thereof, pay a fine
for not less than $250 and/or be imprisoned in the county correctional
facility for a term not exceeding 90 days. A separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
