§ 1642 — Additional traffic regulations in cities having a population in excess of one million

New York § 1642

• Jurisdiction: New York
• Law VAT: Vehicle & Traffic
• Title 8: Respective Powers of State and Local Authorities
• Art. 39: Regulation of Traffic By Cities and Villages

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§ 1642. Additional traffic regulations in cities having a population\nin excess of one million. (a) In addition to the other powers granted by\nthis article, the legislative body of any city having a population in\nexcess of one million, may by local law, ordinance, order, rule,\nregulation or health code provision prohibit, restrict or regulate\ntraffic on or pedestrian use of any highway (which term, for the\npurposes of this section, shall include any private road open to public\nmotor vehicle traffic) in such city. The provisions of section sixteen\nhundred shall be applicable to such local laws, ordinances, orders,\nrules, regulations, and health code provisions, provided, however, that\nsuch local laws, ordinances, orders, rules, regulations and health code\nprovisions shall supersede the provisions of this chapter where\ninconsistent or in conflict with respect to the following enumerated\nsubjects:\n 1. Weights and dimensions of vehicles.\n 2. Parking, standing, stopping and backing of vehicles.\n 3. The prohibition or regulation of the use of any highway by\nparticular vehicles or classes or types thereof or devices moved by\nhuman power.\n 4. Charging of tolls, taxes, fees, licenses or permits for the use of\nthe highway or any of its parts, where the imposition thereof is\nauthorized by law.\n 5. Establishment of minimum speed limits at which vehicles may proceed\non or along such highways.\n 6. Operation of authorized emergency vehicles.\n 7. Control of persons and equipment engaged in work on the highway.\n 8. Hitchhiking and commercial activities.\n 9. Use of medial strips and dividing malls or sections and use of\nshoulders of the highway.\n 10. Right of way of vehicles and pedestrians.\n 11. Use of the highway by pedestrians, equestrians and animals.\n 12. Turning of vehicles.\n 13. Regulation of the direction of the movement of traffic and the use\nof traffic lanes.\n 14. Regulation of the use of horns, lights and other required\nequipment of vehicles.\n 15. Towing and pushing of vehicles, including, but not limited to, the\nestablishment of minimum insurance levels for and the licensing and\nregulation of persons engaged in the business of towing, and the fixing\nof maximum charges to be made by such persons for the towing and storage\nof disabled vehicles.\n 16. Objects projecting or hanging outside or on the top of vehicles.\n 17. Entering and driving off the highway, its roadways, medial strips,\ndividing malls and shoulders.\n 18. The prohibition or regulation of speed contests, races,\nexhibitions of speed, processions or parades.\n 19. Littering the highway.\n 20. Vehicles illegally parked, stopped or standing, or vehicles\ninvolved in accidents, including, but not limited to, the removal and\nstorage of such vehicles, the fixing of reasonable charges, to be paid\nby the owner, operator or person entitled to possession, for such\nremoval and storage and for other expenses incurred in connection\ntherewith, the creation of liens on such vehicles for such charges and\nexpenses, the enforcement of such liens, the determination of ownership\nor right to possession of such vehicles, the time before such vehicles\nare deemed abandoned vehicles pursuant to section twelve hundred\ntwenty-four of this chapter, and the disposition of the proceeds of\nsales held pursuant to said section.\n 21. Transportation of combustibles, chemicals, explosives,\ninflammables, or other dangerous substances, articles, compounds or\nmixtures, including, but not limited to, dangerous articles, as defined\nin section three hundred eighty of this chapter.\n 22. Traffic signal legend applicable to pedestrians and use of arrows.\n 23. Prohibit, restrict or regulate the operation of limited use\nvehicles on any street or highway.\n 24. Prohibition of the operation of motorcycles during the period\nbetween nine post meridian through eight ante meridian along designated\nstreets or parts of streets on which the properties fronting thereon are\nzoned for residential uses. Provided that notice of such prohibition\nshall be given by the posting of suitable signs at the entrance to each\nsuch street or part thereof and that no such prohibition shall apply to\na motorcycle being operated thereon for the purpose or as a direct\nincident of law enforcement; crime prevention; detection; prevention or\nrelief of any condition which may threaten the health, safety or welfare\nof persons or property; or direct travel to or from employment.\n 25. Parking, standing and stopping of vehicles registered pursuant to\nsection four hundred four-a of this chapter or those possessing a\nspecial vehicle identification parking permit issued in accordance with\nsection one thousand two hundred three-a of this chapter.\n 26. (a) With respect to highways (which term for the purposes of this\nparagraph shall include private roads open to public motor vehicle\ntraffic) in such city, other than state highways maintained by the state\non which the department of transportation shall have established higher\nor lower speed limits than the statutory fifty-five miles per hour speed\nlimit as provided in section sixteen hundred twenty of this title, or on\nwhich the department of transportation shall have designated that such\ncity shall not establish any maximum speed limit as provided in section\nsixteen hundred twenty-four of this title, subject to the limitations\nimposed by section sixteen hundred eighty-four of this title,\nestablishment of maximum speed limits at which vehicles may proceed\nwithin such city or within designated areas of such city higher or lower\nthan the fifty-five miles per hour maximum statutory limit. No such\nspeed limit applicable throughout such city or within designated areas\nof such city shall be established at less than twenty miles per hour,\nexcept that (i) school speed limits may be established at no less than\nfifteen miles per hour pursuant to the provisions of section sixteen\nhundred forty-three of this article, and (ii) on portions of highways\nthat consist of three or more vehicular travel lanes in the same\ndirection outside of New York county, speed limits shall be established\nat no less than twenty-five miles per hour.\n (b) A city shall not lower or raise a speed limit pursuant to this\nparagraph unless such city provides written notice and an opportunity to\ncomment to the community board or community boards established pursuant\nto section twenty-eight hundred of the New York city charter with\njurisdiction over the area in which the lower or higher speed limit\nshall apply. Such notice may be provided by electronic mail and shall be\nprovided sixty days prior to the establishment of such lower or higher\nspeed limit and a community board may issue an advisory opinion prior to\nthe raising or lowering of such speed limit. Notwithstanding any\ninconsistent provision of this subdivision, a speed limit applicable\nthroughout such city shall only be lowered or raised pursuant to a local\nlaw.\n 27. (a) Establishment of maximum speed limits below twenty miles per\nhour at which motor vehicles may proceed on or along designated highways\nwithin such city for the explicit purpose of implementing traffic\ncalming measures as such term is defined herein; provided, however, that\nno speed limit shall be set below ten miles per hour nor shall such\nspeed limit be established where the traffic calming measure to be\nimplemented consists solely of a traffic control sign. Establishment of\nsuch a speed limit shall, where applicable, be in compliance with the\nprovisions of sections sixteen hundred twenty-four and sixteen hundred\neighty-four of this title. Nothing contained herein shall be deemed to\nalter or affect the establishment of school speed limits pursuant to the\nprovisions of section sixteen hundred forty-three of this article. For\nthe purposes of this paragraph, "traffic calming measures" shall mean\nany physical engineering measure or measures that reduce the negative\neffects of motor vehicle use, alter driver behavior and improve\nconditions for non-motorized street users such as pedestrians and\nbicyclists.\n (b) Any city establishing maximum speed limits below twenty miles per\nhour pursuant to clause (i) of this subparagraph shall submit a report\nto the governor, the temporary president of the senate and the speaker\nof the assembly on or before March first, two thousand fifteen and\nbiannually thereafter on the results of using traffic calming measures\nand speed limits lower than twenty miles per hour as authorized by this\nparagraph. This report shall also be made available to the public by\nsuch city on its website. Such report shall include, but not be limited\nto the following:\n (i) a description of the designated highways where traffic calming\nmeasures and a lower speed limit were established;\n (ii) a description of the specific traffic calming measures used and\nthe maximum speed limit established;\n (iii) an explanation of the reasons for setting lower speed limits,\nhow those lower speed limits comply with engineering standards, and how\nthey will ensure that motor vehicles can operate at safe speeds in a\nmanner that optimizes all road users' safety and convenience; and\n (iv) a comparison of the aggregate type, number, and severity of\naccidents reported on streets on which street calming measures and lower\nspeed limits were implemented in the year preceding the implementation\nof such measures and policies and the year following the implementation\nof such measures and policies, to the extent this information is\nmaintained by any agency of the state or the city.\n (b) The police commissioner of any such city may, in any emergency,\nsuspend within such city or any part thereof, for a period of\nforty-eight hours, any provision of title seven of this chapter or any\nlocal law, ordinance, order, rule or regulation adopted pursuant to this\narticle. In the event of any such suspension, the police commissioner\nshall forthwith give notice thereof to the official, board or agency of\nsuch city having jurisdiction to promulgate traffic regulations in\nrelation to any place affected by such suspension.\n