NY Veh & Traf L § 1642 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 8 - Respective Powers of State and Local Authorities Article 39 - Regulation of Traffic by Cities and Villages 1642 - Additional Traffic Regulations in Cities Having a Population in Excess of One Million.

§ 1642. Additional  traffic  regulations in cities having a population in excess of one million. (a) In addition to the other powers granted by this article, the legislative body of any city having  a  population  in excess  of  one  million,  may  by  local  law,  ordinance, order, rule, regulation or health  code  provision  prohibit,  restrict  or  regulate traffic  on  or  pedestrian  use  of  any  highway  (which term, for the purposes of this section, shall include any private road open to  public motor  vehicle  traffic) in such city. The provisions of section sixteen hundred shall be applicable to  such  local  laws,  ordinances,  orders, rules,  regulations, and health code provisions, provided, however, that such local laws, ordinances, orders, rules, regulations and health  code provisions   shall  supersede  the  provisions  of  this  chapter  where inconsistent or in conflict with respect  to  the  following  enumerated subjects:   1. Weights and dimensions of vehicles.   2. Parking, standing, stopping and backing of vehicles.   3.  The  prohibition  or  regulation  of  the  use  of  any highway by particular vehicles or classes or types  thereof  or  devices  moved  by human power.   4.  Charging of tolls, taxes, fees, licenses or permits for the use of the highway or any  of  its  parts,  where  the  imposition  thereof  is authorized by law.   5. Establishment of minimum speed limits at which vehicles may proceed on or along such highways.   6. Operation of authorized emergency vehicles.   7. Control of persons and equipment engaged in work on the highway.   8. Hitchhiking and commercial activities.   9.  Use  of  medial  strips  and dividing malls or sections and use of shoulders of the highway.   10. Right of way of vehicles and pedestrians.   11. Use of the highway by pedestrians, equestrians and animals.   12. Turning of vehicles.   13. Regulation of the direction of the movement of traffic and the use of traffic lanes.   14. Regulation  of  the  use  of  horns,  lights  and  other  required equipment of vehicles.   15. Towing and pushing of vehicles, including, but not limited to, the establishment  of  minimum  insurance  levels  for and the licensing and regulation of persons engaged in the business of towing, and the  fixing of maximum charges to be made by such persons for the towing and storage of disabled vehicles.   16. Objects projecting or hanging outside or on the top of vehicles.   17. Entering and driving off the highway, its roadways, medial strips, dividing malls and shoulders.   18.   The   prohibition   or  regulation  of  speed  contests,  races, exhibitions of speed, processions or parades.   19. Littering the highway.   20. Vehicles  illegally  parked,  stopped  or  standing,  or  vehicles involved  in  accidents,  including, but not limited to, the removal and storage of such vehicles, the fixing of reasonable charges, to  be  paid by  the  owner,  operator  or  person  entitled  to possession, for such removal and storage  and  for  other  expenses  incurred  in  connection therewith,  the  creation of liens on such vehicles for such charges and expenses, the enforcement of such liens, the determination of  ownership or  right  to possession of such vehicles, the time before such vehicles are  deemed  abandoned  vehicles  pursuant  to  section  twelve  hundred twenty-four  of  this  chapter,  and  the disposition of the proceeds of sales held pursuant to said section.    21.   Transportation   of   combustibles,    chemicals,    explosives, inflammables,  or  other  dangerous  substances,  articles, compounds or mixtures, including, but not limited to, dangerous articles, as  defined in section three hundred eighty of this chapter.   22. Traffic signal legend applicable to pedestrians and use of arrows.   23.  Prohibit,  restrict  or  regulate  the  operation  of limited use vehicles on any street or highway.   24. Prohibition of the operation  of  motorcycles  during  the  period between  nine post meridian through eight ante meridian along designated streets or parts of streets on which the properties fronting thereon are zoned for residential uses. Provided that  notice  of  such  prohibition shall  be given by the posting of suitable signs at the entrance to each such street or part thereof and that no such prohibition shall apply  to a  motorcycle  being  operated  thereon  for  the purpose or as a direct incident of law enforcement; crime prevention; detection; prevention  or relief of any condition which may threaten the health, safety or welfare of persons or property; or direct travel to or from employment.   25.  Parking, standing and stopping of vehicles registered pursuant to section four hundred four-a  of  this  chapter  or  those  possessing  a special  vehicle identification parking permit issued in accordance with section one thousand two hundred three-a of this chapter.   26. (a) With respect to highways (which term for the purposes of  this paragraph  shall  include  private  roads  open  to public motor vehicle traffic) in such city, other than state highways maintained by the state on which the department of transportation shall have established  higher or lower speed limits than the statutory fifty-five miles per hour speed limit as provided in section sixteen hundred twenty of this title, or on which  the  department of transportation shall have designated that such city shall not establish any maximum speed limit as provided in  section sixteen  hundred  twenty-four  of this title, subject to the limitations imposed  by  section  sixteen  hundred  eighty-four   of   this   title, establishment  of  maximum  speed  limits  at which vehicles may proceed within such city or within designated areas of such city higher or lower than the fifty-five miles per hour  maximum  statutory  limit.  No  such speed  limit  applicable throughout such city or within designated areas of such city shall be established at less  than  twenty-five  miles  per hour, except that school speed limits may be established at no less than fifteen  miles  per  hour  pursuant to the provisions of section sixteen hundred forty-three of this article.  (b) A city shall not lower a speed limit by more than five  miles  per hour pursuant to this paragraph unless such city provides written notice and an opportunity to comment to the community board or community boards established  pursuant  to  section  twenty-eight hundred of the New York city charter with jurisdiction over the area in which  the  lower  speed limit  shall  apply.  Such notice may be provided by electronic mail and shall be provided sixty days prior to the establishment  of  such  lower speed limit.   27.  (a) Establishment of maximum speed limits below twenty-five miles per hour at which motor vehicles may  proceed  on  or  along  designated highways  within  such  city  for  the  explicit purpose of implementing traffic calming measures as  such  term  is  defined  herein;  provided, however,  that  no speed limit shall be set below fifteen miles per hour nor shall such speed limit be  established  where  the  traffic  calming measure  to  be  implemented  consists solely of a traffic control sign. Establishment of such a speed  limit  shall,  where  applicable,  be  in compliance  with  the provisions of sections sixteen hundred twenty-four and sixteen hundred  eighty-four  of  this  chapter.  Nothing  contained herein  shall  be  deemed to alter or affect the establishment of school  speed limits pursuant to  the  provisions  of  section  sixteen  hundred forty-three  of  this  article.  For  the  purposes  of  this paragraph, "traffic calming measures" shall mean any physical  engineering  measure or measures that reduce the negative effects of motor vehicle use, alter driver  behavior  and  improve conditions for non-motorized street users such as pedestrians and bicyclists.  (b) Any city establishing maximum speed limits below twenty-five miles per hour pursuant to clause (i) of  this  subparagraph  shall  submit  a report  to  the  governor, the temporary president of the senate and the speaker of the assembly on or before March first, two  thousand  fifteen and  biannually  thereafter  on  the  results  of  using traffic calming measures and speed limits lower  than  twenty-five  miles  per  hour  as authorized  by  this paragraph. This report shall also be made available to the public by such city on its website. Such  report  shall  include, but not be limited to the following:  (i)  a  description  of  the designated highways where traffic calming measures and a lower speed limit were established and  (ii) a description of the specific traffic calming measures  used  and the maximum speed limit established and  (iii)  a  comparison  of  the  aggregate type, number, and severity of accidents reported on streets on which street calming measures and lower speed limits were implemented in the year preceding  the  implementation of  such measures and policies and the year following the implementation of such measures  and  policies,  to  the  extent  this  information  is maintained by any agency of the state or the city.  (b)  The  police  commissioner of any such city may, in any emergency, suspend  within  such  city  or  any  part  thereof,  for  a  period  of forty-eight  hours,  any provision of title seven of this chapter or any local law, ordinance, order, rule or regulation adopted pursuant to this article. In the event of any such suspension,  the  police  commissioner shall  forthwith give notice thereof to the official, board or agency of such city having  jurisdiction  to  promulgate  traffic  regulations  in relation to any place affected by such suspension.