Section 1681. State traffic-control devices  


Latest version.
  • (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.