§ 102 — General powers and duties of county superintendents

New York § 102

• Jurisdiction: New York
• Law HAY: Highway
• Art. 5: County Superintendents

Text

§ 102. General powers and duties of county superintendents. The county\nsuperintendent appointed as provided in this article shall:\n 1. Have supervision of all roads and bridges comprising the county\nhighway system, together with any other roads, bridges, including\nbridges over canals and railroad bridges and state and interstate\nhighways for which responsibility is imposed upon the county under any\nlawful agreement made by the county or under any other provision of law.\n 2. Visit and inspect the county roads and county bridges of his county\nso often as shall be necessary. Visit and inspect any specified city,\ntown or village highway or bridge of his county when requested in\nwriting by the town superintendent, city or village mayor and advise and\ndirect the town superintendent or the appropriate city or village\nofficial how best to repair, maintain and improve such highway or\nbridge.\n 3. Shall prepare and submit annually, in the manner prescribed by and\non or before the date fixed by or pursuant to law, a statement of the\namount necessary to be raised by the board of supervisors for the\nconstruction, improvement and maintenance of such county roads for the\nensuing year, showing the amount by towns and as a total and the\nlocation where any permanent repairs are required to be made.\n 4. Examine the various formations and deposits of gravel and stone in\nhis county, for the purpose of ascertaining the materials which are best\navailable and suitable for the improvement of highways therein.\n 5. Establish, or cause to be established, such grades, and recommend\nsuch means of drainage, repairs and improvements, as seem to him\nnecessary whenever requested by the town superintendent or town board.\n 6. Approve plans and specifications and estimates for the erection and\nrepair of bridges and the construction and maintenance of town highways.\n 7. Report to the department of transportation annually, on or before\nOctober first in each year, in relation to the highways and bridges in\nhis county, containing such matter and in such form as may be prescribed\nby the department of transportation, and file a duplicate thereof with\nthe clerk of the board of supervisors. Additional reports shall be made\nfrom time to time when required by the department of transportation in\nrespect to such matters as may be specified by it.\n 9. During the construction or improvement of any highway or road, if\nsuch highway or road be closed to the traveling public and another\nexisting highway is caused to be used in lieu of the closed highway or\nroad as provided in section one hundred and four of this chapter,\nprovide, erect and maintain a sufficient number of detour signs so that\nthe temporary route or detour shall be clearly indicated throughout its\nentire length, and upon the discontinuance of said temporary route or\ndetour, cause said signs to be removed, and the cost of all thereof\nshall be paid out of any moneys available for the construction or\nimprovement or maintenance of such highways or roads, respectively.\n 10. Accurately ascertain and locate the corners of the established\nboundaries of counties, towns, cities and villages and, where townships\nwere originally subdivided into lots to accurately ascertain and\nestablish such lot corners if any such corners will be located within\nthe bounds of the improved part of any state or county highway or county\nroad.\n If the county superintendent shall not be a civil engineer he may hire\na competent civil engineer to locate such corners. In either case he may\nemploy such other assistants as may be necessary, the cost and expense\nthereof to be a county charge.\n Nothing in this subdivision contained, however, shall be construed to\nextend to the location of the corner or other boundaries of city, or\nvillage lots, or farm lands, except as they may be, incidentally, the\ncorners of the boundaries of counties, towns, cities, villages or\noriginal subdivisions of towns, except, also, that where the corners or\nboundaries of city or village lots, or farm lands, have been located and\na monument placed before the improvement of such highway, the owner of\nsuch city or village lots or farm lands may point out to such engineer\nthe location of such monument, and upon such owner furnishing a suitable\nmonument, it shall be the duty of such engineer to erect such monument\nin the manner heretofore provided.\n 11. Cause noxious weeds, briers and brush growing within the bounds of\ncounty roads and town highways improved by county aid to be cut and\nremoved between July fifteenth and August fifteenth, and as many other\ntimes as he may deem necessary, in each year, and perform such other\nduties as may be prescribed by law, or the rules and regulations of the\ndepartment.\n 13. File with the clerk of the board of supervisors not later than the\nthirty-first day of December of each year an itemized inventory of all\nmachinery and equipment under his jurisdiction, showing the condition\nand estimated present value of each article, except small tools of an\noriginal value not exceeding five dollars. He shall also include with\nsaid inventory a statement as to the condition of any tool house, shop\nor garage under his jurisdiction and an estimated amount for necessary\nrepairs or improvements.\n 14. Have the full control of all shade trees within the county roads\non the county road system, but not within the limits of an incorporated\nvillage, and shall prosecute complaints for malicious injury to, or\nunlawful acts concerning, such public shade trees.\n 15. Provide for the construction of sidewalks adjacent to county roads\nwhen he is of the opinion the same are necessary. He shall have full\nauthority to determine the type, width, location with respect to the\nhighway, and the general construction details of such sidewalks. No such\nsidewalk shall be constructed in that portion of a town outside a\nvillage unless the town board consents thereto. No such sidewalk shall\nbe constructed within any city or village unless the governing body of\nsuch city or village consents thereto. The expense of such construction\nshall be a proper charge against funds available for the construction,\nreconstruction or maintenance of county roads.\n 16. Notwithstanding any inconsistent provision of law, general,\nspecial or local, the county superintendent of highways of any county\nmay, with the approval of the board of supervisors, or county\nlegislature, permit the use of county highway machinery, tools,\nequipment and implements, by the superintendent of public works of any\ncity in such county, upon such terms and conditions as may be agreed\nupon by the county and city involved. All sums obtained pursuant to any\nterms agreed upon shall be deposited in the county road machinery fund.\n 17. Have authority to erect signs on county roads and town highways\nwarning the public of the penalty for placing injurious substances on\nsuch roads or highways under the provisions of the vehicle and traffic\nlaw.\n 18. Removal of vehicles. a. The county superintendent shall have the\npower to cause the removal of any vehicle left unattended for more than\ntwenty-four hours within the right of way of any county road or on any\nother public property under his jurisdiction.\n b. The county superintendent shall have the power to cause the\nimmediate removal, from the right of way of any county road, of any\nvehicle which obstructs or interferes with the use of such road for\npublic travel; or which obstructs or interferes with the construction,\nreconstruction or maintenance of such road; or which obstructs or\ninterferes with the clearing or removal of snow or ice from such road;\nor which obstructs or interferes with any operation of the county\ndepartment of highways during a public emergency.\n c. The owner of a vehicle removed under any of the provisions of this\nsubdivision may be charged the reasonable cost of removal thereof.\n d. The term "vehicle" as used in this subdivision, shall mean every\ndevice in, upon, or by which any person or property is or may be\ntransported or drawn upon a road, except devices moved by human power or\nused exclusively upon stationary rails or tracks.\n