[Added 2-11-2002 by Ord. No. 02-02]
The Mayor and Council hereby find and declare
that problems of traffic control occur when traffic must be moved
through or around street construction, maintenance operation, 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 Borough of Chatham, in the County of Morris,
State of New Jersey, does hereby adopt the current Manual on Uniform
Traffic Control Devices for Streets and Highways, hereafter known
as MUTCD, 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 the MUTCD while
performing such work is in violations of this article.
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 Chatham Borough Police Department in order
to arrange a pre-construction meeting to submit plans for the safe
movement of traffic during such period of construction activity. 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 Chatham Borough Police Department is in violation of this article.
The person, contractor, or utility, prior to
the start of any work, shall provide the Chatham Borough Police Department
with at least two emergency contact phone numbers to be called in
case of emergency problems at the construction or maintenance site.
If for any reason emergency contacts cannot be reached, or if the
emergency contact person does not respond to the call from the Police
Department to correct such hazardous condition, the Borough may respond
to correct such hazardous condition. The reasonable fees for such
emergency service by the Borough shall be charged to the person, contractor,
or utility responsible for conditions.
There shall be no construction, maintenance
operations, or utility work on any roadway in the Borough 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. by the Chatham
Borough Police Department officer in charge. If it is determined by
the officer in charge that the construction or maintenance operations
prior to 9:00 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 9:00 a.m. and 4:00 p.m.
Road closings and/or traffic detours and diversions
shall not be permitted unless approved by the Chatham Borough Police
Department.
Traffic directors shall be posted at all construction
or maintenance sites when determined by the Chatham Borough Police
Department that same is necessary to provide for the safe and expeditious
movement of traffic.
The Chatham Borough 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 the 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.
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. For a third offense, upon conviction thereof, pay a fine of
not less than $500 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.
