Legislation
SECTION 1640
Traffic regulations in all cities and villages
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 8, ARTICLE 39
§ 1640. Traffic regulations in all cities and villages. (a) The
legislative body of any city or village, with respect to highways (which
term for the purposes of this section shall include private roads open
to public motor vehicle traffic) in such city or village; subject to the
limitations imposed by section sixteen hundred eighty-four may by local
law, ordinance, order, rule or regulation:
1. Designate through highways and order stop signs, flashing signals
or yield signs erected at specified entrances thereto or designate any
intersection as a stop intersection or a yield intersection and order
like signs or signals at one or more entrances to such intersection.
2. Prohibit or regulate the turning of vehicles or specified types of
vehicles at intersections or other designated locations.
3. Regulate the crossing of any roadway by pedestrians.
4. Designate any highway or any separate roadway thereof for one-way
traffic.
5. Exclude trucks, commercial vehicles, tractors, tractor-trailer
combinations, tractor-semitrailer combinations, or
tractor-trailer-semitrailer combinations from highways specified by such
legislative body. Such exclusion shall not be construed to prevent the
delivery or pickup of merchandise or other property along the highways
from which such vehicles and combinations are otherwise excluded.
6. Prohibit, restrict or limit the stopping, standing or parking of
vehicles; provided, however, that a vehicle may not be found to be in
violation of a parking regulation if it is parked at a broken parking
meter at a time when metered parking is authorized.
7. Determine those highways or portions of highways which shall be
marked to indicate where overtaking and passing or driving to the left
of or crossing such markings would be especially hazardous in accordance
with the standards, minimum warrants and sign or marking specifications
established by the department of transportation.
8. Designate safety zones.
9. Provide for the installation, operation, maintenance, policing, and
supervision of parking meters, establish parking time limits at such
meters, designate hours of operation of such meters, and, except as
provided in section twelve hundred three-h of this chapter, fix and
require the payment of fees applicable to parking where such meters are
in operation. Such fees shall be paid to such city or village and
credited to its general fund, unless a different disposition prescribed
by local law or ordinance enacted prior to or after the effective date
of this section.
10. Establish a system of truck routes upon which all trucks,
tractors, and tractor-trailer combinations having a total gross weight
in excess of ten thousand pounds are permitted to travel and operate and
excluding such vehicles and combinations from all highways except those
which constitute such truck route system. Such exclusion shall not be
construed to prevent the delivery or pick up of merchandise or other
property along the highways from which such vehicles and combinations
are otherwise excluded. Any such system of truck routes shall provide
suitable connection with all state routes entering or leaving such city
or village.
11. Regulate traffic by means of traffic-control signals.
12. License, regulate or prohibit speed contests, races, exhibitions
of speed, processions, assemblages or parades. Whenever such a speed
contest, race, exhibition of speed, procession, assemblage or parade
authorized by a local authority will block the movement of traffic on a
state highway maintained by the state, or on a highway which connects
two state highways maintained by the state to make a through route, for
a period in excess of ten minutes, such authority must, prior to such
blocking, provide and designate with conspicuous signs a detour adequate
to prevent unreasonable delay in the movement of traffic on said highway
maintained by the state.
13. Prohibit or regulate the operation and the stopping, standing or
parking of vehicles in cemeteries and in public parks.
14. Provide for the removal and storage of vehicles parked or
abandoned on highways during snowstorms, floods, fires or other public
emergencies, or found unattended where they constitute an obstruction to
traffic or any place where stopping, standing or parking is prohibited,
and for the payment of reasonable charges for such removal and storage
by the owner or operator of any such vehicle.
15. Provide for the establishment, operation, policing and supervision
of a prepaid parking permit system, establishing parking time limits for
such permits and fix and require the payment of fees applicable to
parking where such a prepaid permit parking system is in operation. Such
fees shall be paid to the city of Albany and credited to its general
funds, unless a different disposition prescribed by local law is
enacted. A prepaid parking permit system may not be established at any
location at which parking is subject to a parking meter fee. The
provisions of this paragraph shall only be applicable for the city of
Albany.
16. Adopt such additional reasonable local laws, ordinances, orders,
rules and regulations with respect to traffic as local conditions may
require subject to the limitations contained in the various laws of this
state.
17. Make special provisions with relation to stopping, standing or
parking 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.
18. Declare a snow emergency and designate any highway or portion
thereof as a snow emergency route.
19. Prohibit vehicles engaged in the retail sale of frozen desserts as
that term is defined in subdivision thirty-seven of section three
hundred seventy-five of this chapter directly to pedestrians from
stopping for the purpose of such sales on any highway within such city
or village, or on all such highways. Nothing herein shall be construed
to prohibit the operator of such vehicle from stopping such vehicle off
of such highway, in a safe manner, for the sole purpose of delivering
such retail product directly to the residence of a consumer or to the
business address of a customer of such retailer.
20. Exclude trucks, commercial vehicles, tractors, tractor-trailer
combinations, tractor-semitrailer combinations, or
tractor-trailer-semitrailer combinations in excess of any designated
weight, designated length, designated height, or eight feet in width,
from highways or set limits on hours of operation of such vehicles on
particular city or village highways or segments of such highways. Such
exclusion shall not be construed to prevent the delivery or pickup of
merchandise or other property along the highways from which such
vehicles or combinations are otherwise excluded.
21. Serve notice of a violation of any provision of local law or
ordinance relating to the prevention of noise pollution caused by an
audible motor vehicle burglar alarm and over which the city or village
has jurisdiction upon the owner of a motor vehicle by affixing such
notice to said vehicle in a conspicuous place.
22. Prohibit or regulate the stopping, standing and parking of
vehicles in designated areas reserved for public business at or adjacent
to a government facility.
(b) Such a legislative body also may by local law, ordinance, order,
rule or regulation prohibit, restrict or limit the stopping, standing or
parking of vehicles upon property owned or leased by such city or
village.
(c) Each such legislative body shall cause to be determined, for all
bridges and elevated structures under its jurisdiction, the capacity in
tons of two thousand pounds which the bridge or structure will safely
carry. At bridges or structures of insufficient strength to carry safely
the legal loads permissible by section three hundred eighty-five, the
legislative body of such city or village shall cause signs to be erected
to inform persons of the safe capacity.
(d) Each such legislative body of a city or a village shall cause
signs to be erected to inform persons of the legal overhead clearance
for all bridges and structures on highways under its jurisdiction. The
legal clearance shall be one foot less than the measured clearance. The
measured clearance shall be the minimum height to the bridge or
structure measured vertically from the traveled portion of the roadway.
On bridges or structures having fourteen feet or more of measured
clearance, no such signs shall be required.
(e) No legislative body of a city or a village shall enact any law
that prohibits the use of sidewalks by persons with disabilities who use
either a wheelchair or an electrically-driven mobility assistance device
being operated or driven by such person.
legislative body of any city or village, with respect to highways (which
term for the purposes of this section shall include private roads open
to public motor vehicle traffic) in such city or village; subject to the
limitations imposed by section sixteen hundred eighty-four may by local
law, ordinance, order, rule or regulation:
1. Designate through highways and order stop signs, flashing signals
or yield signs erected at specified entrances thereto or designate any
intersection as a stop intersection or a yield intersection and order
like signs or signals at one or more entrances to such intersection.
2. Prohibit or regulate the turning of vehicles or specified types of
vehicles at intersections or other designated locations.
3. Regulate the crossing of any roadway by pedestrians.
4. Designate any highway or any separate roadway thereof for one-way
traffic.
5. Exclude trucks, commercial vehicles, tractors, tractor-trailer
combinations, tractor-semitrailer combinations, or
tractor-trailer-semitrailer combinations from highways specified by such
legislative body. Such exclusion shall not be construed to prevent the
delivery or pickup of merchandise or other property along the highways
from which such vehicles and combinations are otherwise excluded.
6. Prohibit, restrict or limit the stopping, standing or parking of
vehicles; provided, however, that a vehicle may not be found to be in
violation of a parking regulation if it is parked at a broken parking
meter at a time when metered parking is authorized.
7. Determine those highways or portions of highways which shall be
marked to indicate where overtaking and passing or driving to the left
of or crossing such markings would be especially hazardous in accordance
with the standards, minimum warrants and sign or marking specifications
established by the department of transportation.
8. Designate safety zones.
9. Provide for the installation, operation, maintenance, policing, and
supervision of parking meters, establish parking time limits at such
meters, designate hours of operation of such meters, and, except as
provided in section twelve hundred three-h of this chapter, fix and
require the payment of fees applicable to parking where such meters are
in operation. Such fees shall be paid to such city or village and
credited to its general fund, unless a different disposition prescribed
by local law or ordinance enacted prior to or after the effective date
of this section.
10. Establish a system of truck routes upon which all trucks,
tractors, and tractor-trailer combinations having a total gross weight
in excess of ten thousand pounds are permitted to travel and operate and
excluding such vehicles and combinations from all highways except those
which constitute such truck route system. Such exclusion shall not be
construed to prevent the delivery or pick up of merchandise or other
property along the highways from which such vehicles and combinations
are otherwise excluded. Any such system of truck routes shall provide
suitable connection with all state routes entering or leaving such city
or village.
11. Regulate traffic by means of traffic-control signals.
12. License, regulate or prohibit speed contests, races, exhibitions
of speed, processions, assemblages or parades. Whenever such a speed
contest, race, exhibition of speed, procession, assemblage or parade
authorized by a local authority will block the movement of traffic on a
state highway maintained by the state, or on a highway which connects
two state highways maintained by the state to make a through route, for
a period in excess of ten minutes, such authority must, prior to such
blocking, provide and designate with conspicuous signs a detour adequate
to prevent unreasonable delay in the movement of traffic on said highway
maintained by the state.
13. Prohibit or regulate the operation and the stopping, standing or
parking of vehicles in cemeteries and in public parks.
14. Provide for the removal and storage of vehicles parked or
abandoned on highways during snowstorms, floods, fires or other public
emergencies, or found unattended where they constitute an obstruction to
traffic or any place where stopping, standing or parking is prohibited,
and for the payment of reasonable charges for such removal and storage
by the owner or operator of any such vehicle.
15. Provide for the establishment, operation, policing and supervision
of a prepaid parking permit system, establishing parking time limits for
such permits and fix and require the payment of fees applicable to
parking where such a prepaid permit parking system is in operation. Such
fees shall be paid to the city of Albany and credited to its general
funds, unless a different disposition prescribed by local law is
enacted. A prepaid parking permit system may not be established at any
location at which parking is subject to a parking meter fee. The
provisions of this paragraph shall only be applicable for the city of
Albany.
16. Adopt such additional reasonable local laws, ordinances, orders,
rules and regulations with respect to traffic as local conditions may
require subject to the limitations contained in the various laws of this
state.
17. Make special provisions with relation to stopping, standing or
parking 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.
18. Declare a snow emergency and designate any highway or portion
thereof as a snow emergency route.
19. Prohibit vehicles engaged in the retail sale of frozen desserts as
that term is defined in subdivision thirty-seven of section three
hundred seventy-five of this chapter directly to pedestrians from
stopping for the purpose of such sales on any highway within such city
or village, or on all such highways. Nothing herein shall be construed
to prohibit the operator of such vehicle from stopping such vehicle off
of such highway, in a safe manner, for the sole purpose of delivering
such retail product directly to the residence of a consumer or to the
business address of a customer of such retailer.
20. Exclude trucks, commercial vehicles, tractors, tractor-trailer
combinations, tractor-semitrailer combinations, or
tractor-trailer-semitrailer combinations in excess of any designated
weight, designated length, designated height, or eight feet in width,
from highways or set limits on hours of operation of such vehicles on
particular city or village highways or segments of such highways. Such
exclusion shall not be construed to prevent the delivery or pickup of
merchandise or other property along the highways from which such
vehicles or combinations are otherwise excluded.
21. Serve notice of a violation of any provision of local law or
ordinance relating to the prevention of noise pollution caused by an
audible motor vehicle burglar alarm and over which the city or village
has jurisdiction upon the owner of a motor vehicle by affixing such
notice to said vehicle in a conspicuous place.
22. Prohibit or regulate the stopping, standing and parking of
vehicles in designated areas reserved for public business at or adjacent
to a government facility.
(b) Such a legislative body also may by local law, ordinance, order,
rule or regulation prohibit, restrict or limit the stopping, standing or
parking of vehicles upon property owned or leased by such city or
village.
(c) Each such legislative body shall cause to be determined, for all
bridges and elevated structures under its jurisdiction, the capacity in
tons of two thousand pounds which the bridge or structure will safely
carry. At bridges or structures of insufficient strength to carry safely
the legal loads permissible by section three hundred eighty-five, the
legislative body of such city or village shall cause signs to be erected
to inform persons of the safe capacity.
(d) Each such legislative body of a city or a village shall cause
signs to be erected to inform persons of the legal overhead clearance
for all bridges and structures on highways under its jurisdiction. The
legal clearance shall be one foot less than the measured clearance. The
measured clearance shall be the minimum height to the bridge or
structure measured vertically from the traveled portion of the roadway.
On bridges or structures having fourteen feet or more of measured
clearance, no such signs shall be required.
(e) No legislative body of a city or a village shall enact any law
that prohibits the use of sidewalks by persons with disabilities who use
either a wheelchair or an electrically-driven mobility assistance device
being operated or driven by such person.