New York Consolidated Law
Vehicle and Traffic Law
Article 35 - NY Vehicle and Traffic Law
UNIFORM STATEWIDE APPLICATION
Section |
Description |
1600 | Provisions of chapter uniform throughout state. |
1601 | Rights of owners of real property. |
1602 | Emergency rule. |
1603 | Delegation of powers. |
1604 | Local ordinances prohibited. |
S 1600. Provisions of chapter uniform throughout state. The provisions
of this chapter shall be applicable and uniform throughout this state
and in all political subdivisions and municipalities therein and no
local authority shall enact or enforce any local law, ordinance, order,
rule or regulation in conflict with the provisions of this chapter
unless expressly authorized herein. No local authority shall enact or
duplicate any provision of this chapter as a local law, ordinance,
order, rule or regulation, except that any local authority authorized to
supersede any provision of this chapter may enact any such provision in
a modified or amended form.
S 1601. Rights of owners of real property. Nothing in this chapter
shall be construed to prevent the owner of real property used by the
public for purposes of vehicular travel by permission of the owner and
not as matter of right from prohibiting such use, or from requiring
conditions additional to those specified in this chapter, or from
otherwise regulating such use as may seem best to such owner.
S 1602. Emergency rule. (a) Whenever a police officer shall deem it
advisable during a fire or at the time of any accident or special
emergency and only for such period of time as is necessitated thereby
for the public safety or convenience, temporarily to close any street or
part thereof to vehicular traffic, or to vehicles of a certain
description, or to divert the traffic thereof, or to divert or break a
course of pedestrian traffic, such official shall have power and
authority to do so.
(b) In the event of a fire or other emergency or to expedite traffic
or to safeguard pedestrians or property: any police officer or other
person empowered to regulate traffic at the scene may, to the extent
authorized by local law, ordinance, order, rule, regulation or
administrative code provision adopted by local authorities with respect
to highways within their corporate boundaries, direct traffic as
conditions may require notwithstanding the provisions of this chapter or
of local laws, ordinances, orders, rules, regulations, administrative
code or sanitary code provisions regulating traffic; and, in addition,
outside of cities and villages any member of the state police may direct
traffic as conditions may require notwithstanding the provisions of this
chapter or of local laws, ordinances, orders, rules or regulations
regulating traffic.
(c) Whenever the head of any police force or police department or the
chief executive officer of a city, town or village shall deem it
advisable during a snow storm or in order to remove snow or to plow
streets, provided that signs or markings giving notice are posted as
required by section sixteen hundred eighty-three of this chapter, such
head of the police force or police department or the chief executive
officer of a city, town or village may close any street or part thereof
to vehicular traffic or prohibit, restrict or limit the stopping,
standing or parking of vehicles.
(d) The superintendent of the New York state police or the head of any
police force or police department may authorize the temporary closure of
any street or part thereof to vehicular traffic, or to vehicles of a
certain description, or to divert the traffic thereof, or to divert or
break a course of pedestrian traffic in the following situations:
1. during the time of any speed contest, exhibition of speed or
similar special event which is being held pursuant to section eleven
hundred eighty-two-a of this chapter;
2. during the time of the filming of any movie, commercial or similar
event which is being undertaken pursuant to section eleven hundred
eighty-two-b of this chapter.
S 1603. Delegation of powers. (a) Any or all of the powers granted by
this chapter to the legislative body of a city or village or to the New
York state thruway authority, the office of parks, recreation and
historic preservation, the department of environmental conservation, the
department of agriculture and markets, the industrial exhibit authority,
a county park commission, a parkway authority, a bridge authority or a
bridge and tunnel authority may be delegated to any official, board or
agency thereof designated by it or designated by law. If any authority
or commission herein mentioned shall cease to exist, its powers as
granted by this chapter shall devolve upon the state or municipal
corporation succeeding to the property, functions, powers and duties of
such authority or commission, as the case may be, and may be delegated
by its legislative body to any official, board or agency thereof as
designated by it or by law.
(b) Any or all of the powers to adopt orders, rules or regulations
granted by this chapter to the legislative body of any city having a
population in excess of one million, whether through provisions
applicable to cities generally or applicable specifically to any such
city, may be exercised in such city, with respect to any highway, park,
bridge or tunnel therein, except as otherwise provided in subsection (c)
of this section, by any official, board or agency thereof authorized by
law, immediately prior to the effective date of this section, to
promulgate traffic regulations with respect to such place, unless and
until any such power shall be transferred to any other official, board
or agency of such city by local law or state statute.
(c) Any or all of the powers to adopt orders, rules, regulations or
health code provisions in relation to transportation of combustibles,
chemicals, explosives, inflammables or other dangerous substances,
articles, compounds or mixtures granted by this title to the legislative
body of any city having a population in excess of one million may be
exercised by the official, board or agency having the power immediately
prior to the effective date of this section, to promulgate regulations
or health code provisions governing such matters, unless and until a
different official, board or agency is designated by local law or state
statute to exercise such power.
(d) In any case where any provision of this title grants to the
legislative body of any city having a population in excess of one
million any power to adopt orders, rules, regulations or health code
provisions not possessed by such legislative body or any official, board
or agency of such city, immediately prior to the effective date of this
section, such power may be exercised by the official, board or agency
authorized by law, immediately prior to the effective date of this
section, to promulgate traffic regulations applicable generally
throughout such city, unless and until a different official, board or
agency is designated by local law or state statute to exercise such
power, provided that any such power with respect to any park or highway
under the jurisdiction of a commissioner of parks or a department of
parks, shall be exercised by the official, board or agency having the
power, immediately prior to the effective date of this section, to
promulgate traffic regulations with respect to such park or highway,
unless and until a different official, board or agency is designated by
local law or state statute to exercise such power, and provided further
that any such power in relation to transportation of combustibles,
chemicals, explosives, inflammables or other dangerous substances,
articles, compounds or mixtures shall be exercised by the official,
board or agency having the power, immediately prior to the effective
date of this section, to promulgate regulations or health code
provisions governing such matters, unless and until a different
official, board or agency is designated by local law or state statute to
exercise such power.
(e) Any or all of the powers granted by this title to the town board
of a town, except those set forth in paragraphs one, five, nine, fifteen
and twenty of subdivision (a) of section sixteen hundred sixty may be
delegated to any official, board or agency designated by it or by law.
S 1604. Local ordinances prohibited. Except as otherwise provided in
this chapter, local authorities shall have no power to pass, enforce or
maintain any ordinance, rule or regulation requiring from any owner of a
motor vehicle or motorcycle, or from any operator or chauffeur to whom
this chapter is applicable, any tax, fee, license or permit for the use
of the public highways, or excluding any such owner, operator or
chauffeur from the free use of such public highways, excepting such
driveway, speedway or road as has been or may be expressly set apart by
law for the exclusive use of horses and light carriages, or in any other
way restricting motor vehicles or motorcycles or their speed upon or use
of the public highways; or setting aside for any given time a specified
public highway or any part thereof constructed in whole or in part at
the expense of the state for exhibitions, shows, exercises,
entertainments or meetings; and no ordinance, rule or regulation
contrary to or in any wise inconsistent with the provisions of this
chapter, now in force or hereafter enacted shall have any effect.
Provided, however, that the power given to local authorities to
license and regulate vehicles offered to the public for hire, and
processions, assemblages or parades in the streets or public places, and
all ordinances, rules and regulations which may have been or which may
be enacted in pursuance of such powers shall remain in full force and
effect.
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