Section 102. General powers and duties of county superintendents  


Latest version.
  • The county
      superintendent appointed as provided in this article shall:
        1.  Have  supervision  of  all roads and bridges comprising the county
      highway system,  together  with  any  other  roads,  bridges,  including
      bridges  over  canals  and  railroad  bridges  and  state and interstate
      highways for which responsibility is imposed upon the county  under  any
      lawful agreement made by the county or under any other provision of law.
        2. Visit and inspect the county roads and county bridges of his county
      so  often  as  shall be necessary. Visit and inspect any specified city,
      town or village highway or  bridge  of  his  county  when  requested  in
      writing by the town superintendent, city or village mayor and advise and
      direct  the  town  superintendent  or  the  appropriate  city or village
      official how best to  repair,  maintain  and  improve  such  highway  or
      bridge.
        3.  Shall prepare and submit annually, in the manner prescribed by and
      on or before the date fixed by or pursuant to law, a  statement  of  the
      amount  necessary  to  be  raised  by  the  board of supervisors for the
      construction, improvement and maintenance of such county roads  for  the
      ensuing  year,  showing  the  amount  by  towns  and  as a total and the
      location where any permanent repairs are required to be made.
        4. Examine the various formations and deposits of gravel and stone  in
      his county, for the purpose of ascertaining the materials which are best
      available and suitable for the improvement of highways therein.
        5.  Establish,  or cause to be established, such grades, and recommend
      such means of  drainage,  repairs  and  improvements,  as  seem  to  him
      necessary whenever requested by the town superintendent or town board.
        6. Approve plans and specifications and estimates for the erection and
      repair of bridges and the construction and maintenance of town highways.
        7.  Report  to the department of transportation annually, on or before
      October first in each year, in relation to the highways and  bridges  in
      his county, containing such matter and in such form as may be prescribed
      by  the  department of transportation, and file a duplicate thereof with
      the clerk of the board of supervisors. Additional reports shall be  made
      from  time  to time when required by the department of transportation in
      respect to such matters as may be specified by it.
        9. During the construction or improvement of any highway or  road,  if
      such  highway  or  road  be  closed  to the traveling public and another
      existing highway is caused to be used in lieu of the closed  highway  or
      road  as  provided  in  section  one  hundred  and four of this chapter,
      provide, erect and maintain a sufficient number of detour signs so  that
      the  temporary route or detour shall be clearly indicated throughout its
      entire length, and upon the discontinuance of said  temporary  route  or
      detour,  cause  said  signs  to  be removed, and the cost of all thereof
      shall be paid out of  any  moneys  available  for  the  construction  or
      improvement or maintenance of such highways or roads, respectively.
        10.  Accurately  ascertain  and  locate the corners of the established
      boundaries of counties, towns, cities and villages and, where  townships
      were  originally  subdivided  into  lots  to  accurately  ascertain  and
      establish such lot corners if any such corners will  be  located  within
      the bounds of the improved part of any state or county highway or county
      road.
        If the county superintendent shall not be a civil engineer he may hire
      a competent civil engineer to locate such corners. In either case he may
      employ  such  other assistants as may be necessary, the cost and expense
      thereof to be a county charge.
        Nothing in this subdivision contained, however, shall be construed  to
      extend  to  the  location  of the corner or other boundaries of city, or
      village lots, or farm lands, except as they may  be,  incidentally,  the
    
      corners  of  the  boundaries  of  counties,  towns,  cities, villages or
      original subdivisions of towns, except, also, that where the corners  or
      boundaries of city or village lots, or farm lands, have been located and
      a  monument  placed before the improvement of such highway, the owner of
      such city or village lots or farm lands may point out to  such  engineer
      the location of such monument, and upon such owner furnishing a suitable
      monument,  it  shall be the duty of such engineer to erect such monument
      in the manner heretofore provided.
        11. Cause noxious weeds, briers and brush growing within the bounds of
      county roads and town highways improved by county  aid  to  be  cut  and
      removed  between  July fifteenth and August fifteenth, and as many other
      times as he may deem necessary, in each year,  and  perform  such  other
      duties  as may be prescribed by law, or the rules and regulations of the
      department.
        13. File with the clerk of the board of supervisors not later than the
      thirty-first day of December of each year an itemized inventory  of  all
      machinery  and  equipment  under his jurisdiction, showing the condition
      and estimated present value of each article, except small  tools  of  an
      original  value  not  exceeding five dollars. He shall also include with
      said inventory a statement as to the condition of any tool  house,  shop
      or  garage  under his jurisdiction and an estimated amount for necessary
      repairs or improvements.
        14. Have the full control of all shade trees within the  county  roads
      on  the county road system, but not within the limits of an incorporated
      village, and shall prosecute complaints  for  malicious  injury  to,  or
      unlawful acts concerning, such public shade trees.
        15. Provide for the construction of sidewalks adjacent to county roads
      when  he  is  of  the opinion the same are necessary. He shall have full
      authority to determine the type, width, location  with  respect  to  the
      highway, and the general construction details of such sidewalks. No such
      sidewalk  shall  be  constructed  in  that  portion  of a town outside a
      village unless the town board consents thereto. No such  sidewalk  shall
      be  constructed  within any city or village unless the governing body of
      such city or village consents thereto.  The expense of such construction
      shall be a proper charge against funds available for  the  construction,
      reconstruction or maintenance of county roads.
        16.  Notwithstanding  any  inconsistent  provision  of  law,  general,
      special or local, the county superintendent of highways  of  any  county
      may,   with  the  approval  of  the  board  of  supervisors,  or  county
      legislature,  permit  the  use  of  county  highway  machinery,   tools,
      equipment  and  implements, by the superintendent of public works of any
      city in such county, upon such terms and conditions  as  may  be  agreed
      upon  by the county and city involved. All sums obtained pursuant to any
      terms agreed upon shall be deposited in the county road machinery fund.
        17. Have authority to erect signs on county roads  and  town  highways
      warning  the  public  of the penalty for placing injurious substances on
      such roads or highways under the provisions of the vehicle  and  traffic
      law.
        18.  Removal  of vehicles. a. The county superintendent shall have the
      power to cause the removal of any vehicle left unattended for more  than
      twenty-four  hours  within the right of way of any county road or on any
      other public property under his jurisdiction.
        b. The county  superintendent  shall  have  the  power  to  cause  the
      immediate  removal,  from  the  right  of way of any county road, of any
      vehicle which obstructs or interferes with the  use  of  such  road  for
      public  travel;  or which obstructs or interferes with the construction,
      reconstruction or maintenance  of  such  road;  or  which  obstructs  or
      interferes  with  the clearing or removal of snow or ice from such road;
    
      or which obstructs or  interferes  with  any  operation  of  the  county
      department of highways during a public emergency.
        c.  The owner of a vehicle removed under any of the provisions of this
      subdivision may be charged the reasonable cost of removal thereof.
        d. The term "vehicle" as used in this subdivision,  shall  mean  every
      device  in,  upon,  or  by  which  any  person  or property is or may be
      transported or drawn upon a road, except devices moved by human power or
      used exclusively upon stationary rails or tracks.