[Added 3-22-99 by Ord. No. 99-17; amended 9-12-16 by Ord. 16-16]
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.
The Township of East Brunswick in the County of Middlesex, State
of New Jersey, does hereby adopt the US DOT FHA current Manual on
Uniform Traffic Control Devices, hereafter known as M.U.T.C.D. 2009
Edition, with Revision Numbers 1 and 2 incorporated, dated May 2012
as amended and supplemented from time to time, 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.
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 under the roadway or within the Right of Way of the roadway shall obtain the necessary permit from the planning and engineering department as outlined in Chapter 189 of this code.
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 Traffic Commander of the Township of East Brunswick,
Department of Public Safety in order to schedule a pre-construction
meeting to submit plans for safe movement of traffic during such period
of construction of 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 is in violation of this section.
The person, contractor, or utility shall provide the Traffic
Commander of the Department of Public Safety with at least two (2)
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 Public Safety Department to correct a hazardous condition, the
Township may respond to correct such hazardous condition. The reasonable
fees for such emergency service by the Township shall be charged to
the person, contractor, or utility responsible for such conditions.
There shall be no construction, maintenance operations, or utility
work that would delay traffic or cause a safety hazard on any roadway
in the Township before the hour of 9:00 A.M. or after 4:00 P.M. This
time limit may be adjusted to permit work prior to 9:00 A.M. or after
4:00 P.M. if it is determined by the Township Engineer or his designee
or Traffic Commander of the Department of Public Safety that said
activities will not cause traffic delays or cause a safety or health
hazard.
Road closings and/or traffic detours shall not be permitted
unless a detour plan is submitted and approved by the Township Engineer
or his designee and the Traffic Commander of the Department of Public
Safety.
[Amended 5-23-2022 by Ord. No. 22-14]
Traffic directors shall be posted at all construction or maintenance
sites when determined by the Chief of Police or his designee that
same is necessary to provide for the safe and expeditious movement
of traffic. Traffic directors will not be permitted unless they are
certified in the practice of traffic direction.
The Traffic Commander or his designee 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 excavation
and/or other related work, in order to abate any nuisance and/or safety
hazard or for any violation of this section.
[Added 5-23-2022 by Ord. No. 22-14]
This section authorizes the Township of East Brunswick to enter
into contracts, the form of which is to be determined by the Chief
of Police or their designee, with third-party persons and entities
("vendor'') wishing to secure services of police officers employed
by the Township of East Brunswick.
A.
Any vendor desiring to retain the services of police officers of
the Township of East Brunswick for extra-duty police-related activities
shall be required to enter into a contract with the Township of East
Brunswick. Such contract may include, but not be limited to:
(1)
The nature of duties to be performed;
(2)
The occasion of said duties;
(3)
The date and hours of service; and
(4)
The rate of payment of services to the officers, administrative fees
to the Township of East Brunswick, fees for the use of Township-owned
equipment, and fees charged by any outside service provider.
B.
The contract with said vendor may provide for the deposit of monies
in advance by the vendor for the services to be performed if deemed
necessary by the Chief of Police or their designee. Should the contract
be for a term exceeding one month, the vendor may be required to tender
an estimated payment for the first month's services upon executing
the contract and will be billed on a periodic basis thereafter. Should
the actual assignment of off-duty officers amount to less than the
amount deposited, the Township of East Brunswick shall, upon termination
of the contract and receipt of the final certified time slips, return
all unused funds to the vendor. Nothing in this section shall be construed
as limiting the power of the Township of East Brunswick to accept
or reject any and all assignments with any vendor.
C.
Except as provided herein, all contracts between a vendor and the
Township of East Brunswick for extra-duty police services shall be
for a minimum of three hours work or pay, unless agreed upon by the
Chief of Police or designee. If a vendor cancels an extra duty assignment
with less than two hours' notice, the officer(s) assigned to the extra-duty
assignment shall be paid for three hours at the applicable rate.
D.
Any vendor who mutually agrees with the Chief of Police that extraordinary circumstances exist which support a rate equal to the overtime rate of compensation for the specific officer(s) employed under the aforementioned extraordinary circumstances may enter into a contract with the Township of East Brunswick at the officer's overtime rate, provided that said rates shall not be lower than those set forth in § 3-117.
E.
Extra-duty construction and road jobs performed by vendors that divert
or interrupt motor vehicle or pedestrian traffic flow or may expose
the public to the risk of injury shall require the services of off-duty
East Brunswick police officers. The number of off-duty officers required
shall be determined by the Chief of Police or designee. The Chief
of Police or their designee has the authority to determine if the
services of an off-duty officer or officers are not needed/or an extra-duty
construction or road job.
[Added 5-23-2022 by Ord. No. 22-14]
A.
Any person, contractor or utility who commits a violation of this
article shall, upon conviction thereof, be subject to a penalty as
follows:
B.
A separate offense shall be deemed committed on each day during or
on which violation occurs or continues. Failure to abate a violation
within 24 hours after notice of violation shall be considered a separate
offense.
