311.07 TRAFFIC CONTROL IN CONSTRUCTION AREAS.
   (a)   Whenever the ordinary and usual flow of motor traffic, in the opinion of both the Service Director and Safety Director, within the municipal and corporate limits of the City is substantially impeded as the direct and proximate result of construction or utility being performed by a private general contractor, the City shall require that traffic control on said roads, at such times as the ordinary and usual flow of motor vehicle traffic is substantially impeded, be performed by a uniformed, off-duty police officer on an individual personal contract basis with the general contractor. The determination as to when such uniformed off-duty police officers shall perform such duties shall be in the sole discretion of the Service Director and Safety Director.
   (b)   In the event no uniformed off-duty police officers are available to perform the above-described traffic control during the times such traffic control is required, the foregoing requirement to have uniformed off-duty police officers of the City perform such traffic control services shall be deemed and considered to have been fulfilled and other available traffic control services may then be utilized and shall then be utilized in the sole discretion of the Service Director and Safety Director in order to protect and maintain the public safety in such areas as are then substantially traffic impeded.
(Ord. 61-95. Passed 6-13-95.)
   (c)   Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.