New York Consolidated Law

Article 35 - NY Vehicle and Traffic Law

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• Title VIII ›
• Article 35

   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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