NY Veh & Traf L § 1681 (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 8 - Respective Powers of State and Local Authorities Article 44 - Traffic-Control Devices 1681 - State Traffic-Control Devices.

§ 1681. State   traffic-control   devices.   (a)   The  department  of transportation shall order the installation, operation, maintenance  and removal  of  such  traffic-control devices, conforming to its manual and specifications, upon all state highways maintained by the  state  or  on any  highway intersecting a state highway maintained by the state on the approach to such intersection as it may deem necessary to  indicate  and to  carry  out  the  provisions of this chapter or to regulate, warn, or guide traffic, and elsewhere as specifically authorized by this chapter.  (b) The department  of  transportation  may  order  the  erection  and maintenance of suitable directional signs upon the streets of cities and villages  and  upon county roads and town highways outside of cities and villages within the  state,  to  facilitate  through  traffic,  provided consent  therefor  is  first  obtained from the local authorities of the city, village or town or the county superintendent of highways.  (c) Except as otherwise provided  the  cost  of  providing,  erecting, maintaining   and   removing  traffic-control  devices  ordered  by  the department of transportation shall be paid from any moneys available for the  maintenance,  repair  or  reconstruction  of  state  highways  upon vouchers approved by the department of transportation. However, the work of  providing, erecting and removing such traffic-control devices may be performed by contract in the same manner as provided for state  highways in  article  three  of  the highway law, or, by the use of department of transportation  forces  and  equipment  and  all   materials   purchased therefor, or by a combination of such methods, and the cost of such work may  be  paid  from  such moneys available for the construction of state highways. Except as herein provided, nothing shall  be  paid  from  such moneys for providing, erecting or maintaining traffic-control signals or flashing  signals  used  in  connection  with  regulating traffic upon a highway under the jurisdiction of the department  of  transportation  at entrances  to  private  property,  and  nothing  shall be paid from such moneys for maintaining traffic-control signals or flashing signals  used in   connection  with  regulating  traffic  upon  a  highway  under  the jurisdiction  of  the  department  of  transportation  at  entrances  to schools.  Upon  determination by the department of transportation of the need for such a signal, the department of transportation may permit  any person,  firm,  association,  corporation  or public body to provide and erect such  signal  in  accordance  with  standards  and  specifications established  by  the  department  of  transportation.  The department of transportation may require that some or all  of  the  control  equipment used  in  the  signal  construction  be  supplied by the state to ensure equipment quality and compatibility with state practices and the cost of such furnished equipment shall be reimbursed to the state by  the  party receiving permission to provide and erect the signal.   All  signals  erected  on  or  after  the first day of April, nineteen hundred eighty-six with permission of the department  of  transportation and  in  accordance with the standards and specifications established by the department of transportation shall be maintained by the  state.  The party which erected such signals shall pay the state an annual fee to be determined  by the commissioner of transportation. Such fees shall cover the cost of normal signal maintenance, but shall not include the cost of electrical energy or major modifications  or  replacements  which  shall remain  the  responsibility  of  the party which erected the signal. The department of transportation may, in its discretion, agree to assume the same maintenance responsibility for signals erected with the  permission of  the  department  of  transportation prior to the first day of April, nineteen  hundred  eighty-six,  if  the  department  of   transportation determines  that  such  signal substantially meets established standards and is in a satisfactory state of repair. The party which  erected  such  signals shall also pay the state an annual fee which shall be calculated in the same manner as fees for signals erected on or after the first day of April, nineteen hundred eighty-six.   No  such  traffic signal or flashing signal erected with permission of the department of  transportation  shall  be  removed  except  with  the written consent of the department of transportation.   The  department  of  transportation shall have the right to revoke its permission to provide, erect or maintain such a signal  and  shall  have the  right  to  require  that the signal be removed without a hearing or necessity of showing cause.  (d) Signs posting speed limits established on county  roads  and  town highways  as  provided for in subdivision one of section sixteen hundred twenty-two, and traffic-control devices posting traffic  regulations  on the  grounds  of  state  departments  and  certain state institutions as provided for  in  sections  sixteen  hundred  twenty-three  and  sixteen hundred  twenty-seven  shall  be  provided,  installed and maintained at their own expense by  the  county,  town,  state  or  state  institution respectively.  Signs posting speed limits established as provided for in subdivision two of section sixteen hundred twenty-two shall be provided, installed and maintained at its own expense by the town.  (e) Except as  otherwise  provided  for  in  section  sixteen  hundred eighty-two  no  state  agency,  local authority or person shall place or maintain any traffic-control device upon any state highway maintained by the state except by permission of the department of transportation.