[Adopted 8-23-1994 as Ord. No. 94-057]
A.
The Council hereby finds and declares that problems
of traffic control occur when traffic must be moved through or around
road or street construction, maintenance operations and utility work
above or 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, maintenance and utility
work areas and to provide safety for the work forces performing these
operations.
B.
The City of Paterson in the County of Passaic, State
of New Jersey, does hereby adopt the current Manual on Uniform Traffic
Control Devices, 1978 Edition, hereafter known as "MUTCD," except
as herein 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 which fails
to comply with the provisions of MUTCD while performing such work
is in violation of this section.
It shall be the responsibility of the person
or contractor or a representative of a public utility, in the case
of said utility wishing to conduct work on, under or above the roadway,
to contact the Traffic Division of the Paterson Police Division in
order to arrange a preconstruction meeting to 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 Traffic Division of the Paterson Police Division is in violation
of this section. Public utilities conducting routine maintenance work
need not comply with the preconstruction meeting requirement.
Prior to the start of any work, the person,
contractor or utility shall provide the Traffic Division 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 a call from the Police Division to correct a hazardous
condition, the City may respond to correct such hazardous condition.
The reasonable fees for such emergency services to correct the hazardous
condition shall be charged by the City to the person, contractor or
utility responsible for such condition.
[1]
Editor’s Note: Former § 435-124, Heavily traveled
roads, as amended, was repealed 11-21-2017 by Ord. No. 17-083.
[Amended 11-21-2017 by Ord. No. 17-083]
A.
There shall be no construction, maintenance or utility work in the
City under, on or above any roadway before the hour of 9:00 a.m. or
after 4:00 p.m.
B.
These time limits may be adjusted to permit work prior to 9:00 a.m. or after 4:00 p.m. by the officer in charge of the Traffic Division of the Paterson Police Division only if it is determined by the officer in charge of the Paterson Police Traffic Division that the construction or maintenance operations prior to 9:00 a.m. or after 4:00 p.m. on any roadway is necessitated by an emergency, as defined in § 435-25.
Road closings and/or traffic detours relative
to street and highway construction, maintenance and utility operations
shall not be permitted unless approved by the Paterson Police Division,
Traffic Division.
Traffic directors shall be posted at all construction,
maintenance and utility work sites when determined by the Paterson
Police Division that the same are necessary to provide for the safe
and expeditious movement of traffic. Said traffic directors shall
be chosen at the discretion of the person, contractor or public utility.
[1]
Editor's Note: This ordinance was vetoed by
the Mayor 3-8-1995 and passed by the City Council over the Mayor's
veto by a two-thirds vote 3-14-1995.
The Traffic Division of the Paterson Police
Division 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, traffic delay and/or safety hazard or for any
violation of this article. Any expenses incurred pursuant to the same
shall be assessed to the person, contractor or public utility performing
such operation.
A.
In the case of emergency repair work where construction, maintenance or emergency utility work must be performed that will obstruct, interfere or detour traffic on any roadway in the City, and said emergency conditions prevent a preconstruction meeting pursuant to § 435-122, the person, contractor or utility performing such operation shall notify the Paterson Police Division of such emergency operation within four hours of the start of such emergency repair work. The person, contractor or utility shall disclose the nature of the emergency, location and hours of operation.
B.
All such emergency construction, maintenance and utility
operations shall be performed with full regard to safety and to keep
traffic interference to an absolute minimum. During such emergency
repair work, the person, contractor or utility shall comply with the
provisions of the MUTCD while performing such emergency repair work.
[Amended 12-19-1995 by Ord. No. 95-068; 11-21-2017 by Ord. No. 17-083]
Any person, contractor or utility who or which commits a violation
of this article shall, upon conviction thereof for an offense, pay
a fine of not less than $100 nor more than $2,000, be imprisoned in
the county jail for a term not exceeding 90 days or be sentenced to
serve a period of community service for not more than 90 days, or
any combination thereof. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
[Added 11-21-2017 by Ord.
No. 17-083]
This article shall take effect 60 days from the date of publication.
[Added 11-21-2017 by Ord.
No. 17-083]
The provisions of this article shall be applicable to all contractors
who enter into a contract to perform construction, maintenance or
utility work within the City of Paterson after the effective date
of this article. The provisions of this article shall not be applicable
to any contractor who entered into a contract to perform construction,
maintenance or utility work within the City of Paterson prior to the
effective date of this article.
