Section 1642. Additional traffic regulations in cities having a population in excess of one million  


Latest version.
  • (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) 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 two on
      the results of using traffic calming measures  and  speed  limits  lower
      than  twenty-five  miles  per hour as authorized by this paragraph. 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.
        (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.