§ 21-10. Traffic control during construction activity on public streets.

(a)

The use of a uniformed police officer(s) or flag person(s) shall be required for all excavations, road closures, work performed adjacent to roadways that significantly restrict said roadway to traffic and create a traffic hazard, or when construction is performed upon any part of city or state roadways, when deemed a hazard by the chief of police or his/her designee, due to the effect on traffic patterns and flow at the time, located within the geographical boundaries of the City, for the purpose of traffic control and public safety. Such officer(s) or flag person(s) shall be authorized by the department of police of the city and the cost of same be charged directly to the permittee or company performing such work. Flag persons, if mandated, will be trained and supplied by the permittee or company. If the department of police of the city is unable to supply a uniformed police officer(s) at any time the permittee or company performing said work shall be required to provide a flag person for all such excavations, road closures, roadway construction or adjacent roadway maintenance work. The chief of police shall prepare a designated list of streets which by the nature of the roadway, traffic volume, or public safety concerns should require uniformed police officers to divert and control traffic. Said list will be prepared periodically and be distributed to permittees or construction companies. In any case, on any street, the chief of police or his/her designee may authorize use of flag persons on a temporary basis when:

(1)

The work is in an isolated area; or

(2)

Where traffic is light to moderate; or

(3)

Work will be completed with minimum disruption, generally within three (3) hours; or

(4)

Work will be conducted on non-peripheral roadways (posted list) during non-peak traffic hours (0700 to 0900—1600 to 1800); or

(5)

Work will be completed with minimal disruption within thirty (30) minutes and a flag person is on site.

(b)

Police officers.

(1)

Police officer instructions/duties, responsibilities at job sites shall be issued by the patrol bureau commander of the police department with the approval of the chief of police.

(2)

When on duty all police officers or flag persons shall wear orange safety coats or traffic vests. While directing traffic flag persons shall be able to signal with an orange fluorescent flag containing not less than one hundred forty-four (144) square inches of surface area during daylight hours, and both flag persons and officers shall signal with a suitable orange/red coned flashlight, after onset of darkness.

(3)

Each contractor shall be responsible for providing warning signs, meeting Connecticut Department of Transportation safety standards, warning travelers of construction ahead and with traffic controlled by a police officer(s) or flag persons.

(c)

Advance notice required.

(1)

Any qualified building contractor, demolition firm, utility company, or other organization or person that seeks permission to undertake work that will interfere with any public right-of-way must report to the director of public works prior to the time the work will be undertaken, preferably forty-eight (48) hours in advance or sufficiently in advance to allow for the clearance procedures set forth herein.

(2)

Necessary forms available in the public works department will be made out in the prescribed manner, describing such pertinent facts as the routine of the work to be undertaken, the location and area embraced within the proposed work site, a sketch showing approximate dimensions and location or protective devices, and the proposed starting and finishing times or dates.

(3)

Contractor applicants shall notify the chief of police or his designee that a police officer(s) or flag persons will be needed or used identifying the time and place where needed.

(4)

The chief of police or his designee, in his/her review, will specify what police protective measures are required, generally or specifically, and to what extent, for each site. He will further specify adequate provisions to safeguard the public safety for the duration of the work. The costs of such protective measures shall be borne by the applicant.

(5)

If the project will exceed sixteen (16) work hours, the director of public works or his designee, as part of his review, will determine the feasibility of the proposed procedure and schedule or work, its relationship to other work in the immediately vicinity, and the adequacy of protective devices to be provided by the applicant.

(6)

He may require modification of the work procedure, schedule or protective devices when in his judgment those proposed by the applicant are inadequate to fully guard the public interest. He shall further determine what other municipal or private agencies not named herein, must be notified or consulted in reference to the proposed work, such as utilities, public transit, other city departments or emergency service.

(7)

When the department of police have noted their approval on the application form, the applicant may then seek approval of the director of public works and may receive a permit to undertake the work. Final decision to initiate the project is, by ordinance, the responsibility of the director of public works.

(d)

Public utilities responding to emergency situations which may threaten public safety, may utilize a flag/traffic control person until a significant traffic hazard exists and the on-duty shift commander determines a uniformed police officer should be assigned.

(e)

Nothing in the preceding paragraphs is to be construed as limiting the responsibility of the contractor to utilize trained flag persons to assist traffic when temporary or unforeseen conditions arise which indicate the need for such immediate control prior to his securing the proper permit.

(f)

When a flag person assigned to a construction site is confronted with pedestrians, bicyclists or motor vehicle operators violating signals or instructions, he shall warn such offender and when necessary, call for police assistance, try to identify such violators to the police, and continue with assigned duties. When a violation is so reported by a flag person, the police officer shall take immediate remedial action to protect the public safety and may arrest any such offender if the violation is an offense against public safety under the ordinances of the city or the laws of the state.

(g)

The chief of police has the ultimate authority/responsibility to determine and specify what protective measures are required pursuant to this section.

(Ord. of 5-9-94; Ord. of 8-12-96)