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AN ORDINANCE AMENDING TITLE 23, TRAFFIC CHAPTER 1, IN GENERAL, SECTION 23:1-9, CONSTRUCTION ZONE: TRAFFIC CONTROLS FOR STREET AND HIGHWAY CONSTRUCTION AND MAINTENANCE OPERATION AND ADOPTION OF MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS (Municipal Roads Only), OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED BEGIN CONSTRUCTION AT 8:00 A.M.
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WHEREAS, the City has been dealing with complaints related to street closures during street construction and/or street maintenance; and
WHEREAS, the Municipal Council desires to enact regulations to address the start time for street and highway construction and maintenance; and
WHEREAS, pursuant to N.J.S.A. 40:48-2, the City is authorized to enact and amend ordinances as deemed necessary for the preservation of the public health, safety and welfare and as may be necessary to carry into effect the powers and duties conferred and imposed upon the City of Newark by law; and
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Note: Additions are shown as underlined and bold. Deletions are strikethroughs.
Section 1. Chapter 1-9, entitled “Construction Zone: Traffic Controls for Street and Highway Construction and Maintenance Operation and Adoption of Manual on Uniform Traffic Control Devices for Streets and Highways.(Municipal Roads Only)” is hereby amended to the City of Newark Municipal Code as follows:
a. Controls Established for Construction Zone. The Governing Body hereby finds and declares that problems of traffic control occur and 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 safety and expeditious movement of traffic through construction and maintenance zones and to provide safety for the work force performing these operations.
The City of Newark, in the County of Essex, State of New Jersey, does hereby adopt the current Manual on Uniform Traffic Control Devices hereafter known as M.U.T.C.D., 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.
b. Pre-Construction Meetings. It shall be the responsibility of the person, contractor, or in the case of a public utility agreement, wishing to conduct work on, under or above the roadway to contact the Director of the Department of Public Safety in order to arrange a pre-construction meeting in order to submit plans for the safe movement of traffic during such period of construction 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 Director of the Department of Public Safety is in violation of this section.
c. Hazardous Conditions. The person, contractor, or utility shall provide the Director of the Department of Public Safety with at least two 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 Director of the Department of Public Safety to correct a hazardous condition, the City may respond to correct such hazardous condition. The reasonable fees for such emergency service by the City shall be charged to the person, contractor, or utility for such condition.
d. Hours. There shall be no construction, maintenance operations, or utility work on any roadway in the City 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 Officer in charge of the Division of Police. 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 8:00 a.m. 9:00 a.m. and 4:00 p.m.
e. Road Closing and Detours. Road closing and/or traffic detours shall not be permitted unless approved by the Director of the Department of Public Safety.
f. Traffic Directors. Traffic directors shall be posted at all construction or maintenance sites when determined by the Director of the Department of Public Safety that same is necessary to provide for the safety and expeditious movement of traffic.
g. Stop Work. The Director of the Department of Public Safety shall have the authority to stop work, including the removal of equipment and vehicles, stored material within the street right-of-way, back filling of open excavations and/or other related work, in order to abate any nuisance and/or safety hazard or for any violation of this section.
h. Site Preparation. It is to be expressly understood that no materials, vehicle or equipment are to be placed in the roadway or sidewalk or until all construction, signs, lights, devices and pavement markings are installed.
i. Violations and Penalties. Any person, contractor or utility who commits a violation of this section 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, the person, contractor or utility shall, 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.
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
j. Inconsistent Regulations. All ordinances or parts of ordinances which are inconsistent with the provisions of this section are hereby repealed to the extent of any such inconsistency.
k. Approval by Commissioner of Transportation. This section shall take effect after approval by the Commissioner of Transportation 20 days after passage and publication as prescribed by law.
Section 2. Any existing ordinance, or part thereof, inconsistent with this Ordinance is hereby repealed to the extent of such inconsistency.
Section 3. If any Section, paragraph, subparagraph, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the specific Section, paragraph, subparagraph, clause or provision so adjudged and the remainder of the Ordinance shall be deemed valid and effective.
Section 4. This Ordinance shall take effect upon final passage and publications in accordance with the laws of the State of New Jersey.
Section 5. This Ordinance does not require approval by the Commissioner of the Department of Transportation.
Section 6. This Ordinance shall be a part of the Code of the City of Newark as though codified and fully set forth therein. The City Clerk shall have this Ordinance codified and incorporated in the official copies of the Code. The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Newark in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.
STATEMENT
This Ordinance amends, Title 23, Traffic Chapter 1, In General, by amending thereto Section 1-9 Construction Zone: Traffic Controls for Street and Highway Construction and Maintenance Operation and Adoption of Manual on Uniform Traffic Control Devices for Streets and Highways. (Municipal Roads Only), of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented to change the start time for construction