Section | Description |
---|---|
1600 | Provisions of chapter uniform throughout state. |
1601 | Rights of owners of real property. |
1602 | Emergency rule. |
1603 | Delegation of powers. |
1604 | Local ordinances prohibited. |
S 1600. Provisions of chapter uniform throughout state. The provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein and no local authority shall enact or enforce any local law, ordinance, order, rule or regulation in conflict with the provisions of this chapter unless expressly authorized herein. No local authority shall enact or duplicate any provision of this chapter as a local law, ordinance, order, rule or regulation, except that any local authority authorized to supersede any provision of this chapter may enact any such provision in a modified or amended form. S 1601. Rights of owners of real property. Nothing in this chapter shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as matter of right from prohibiting such use, or from requiring conditions additional to those specified in this chapter, or from otherwise regulating such use as may seem best to such owner. S 1602. Emergency rule. (a) Whenever a police officer shall deem it advisable during a fire or at the time of any accident or special emergency and only for such period of time as is necessitated thereby for the public safety or convenience, temporarily to close any street or part thereof to vehicular traffic, or to vehicles of a certain description, or to divert the traffic thereof, or to divert or break a course of pedestrian traffic, such official shall have power and authority to do so. (b) In the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians or property: any police officer or other person empowered to regulate traffic at the scene may, to the extent authorized by local law, ordinance, order, rule, regulation or administrative code provision adopted by local authorities with respect to highways within their corporate boundaries, direct traffic as conditions may require notwithstanding the provisions of this chapter or of local laws, ordinances, orders, rules, regulations, administrative code or sanitary code provisions regulating traffic; and, in addition, outside of cities and villages any member of the state police may direct traffic as conditions may require notwithstanding the provisions of this chapter or of local laws, ordinances, orders, rules or regulations regulating traffic. (c) Whenever the head of any police force or police department or the chief executive officer of a city, town or village shall deem it advisable during a snow storm or in order to remove snow or to plow streets, provided that signs or markings giving notice are posted as required by section sixteen hundred eighty-three of this chapter, such head of the police force or police department or the chief executive officer of a city, town or village may close any street or part thereof to vehicular traffic or prohibit, restrict or limit the stopping, standing or parking of vehicles. (d) The superintendent of the New York state police or the head of any police force or police department may authorize the temporary closure of any street or part thereof to vehicular traffic, or to vehicles of a certain description, or to divert the traffic thereof, or to divert or break a course of pedestrian traffic in the following situations: 1. during the time of any speed contest, exhibition of speed or similar special event which is being held pursuant to section eleven hundred eighty-two-a of this chapter; 2. during the time of the filming of any movie, commercial or similar event which is being undertaken pursuant to section eleven hundred eighty-two-b of this chapter. S 1603. Delegation of powers. (a) Any or all of the powers granted by this chapter to the legislative body of a city or village or to the New York state thruway authority, the office of parks, recreation and historic preservation, the department of environmental conservation, the department of agriculture and markets, the industrial exhibit authority, a county park commission, a parkway authority, a bridge authority or a bridge and tunnel authority may be delegated to any official, board or agency thereof designated by it or designated by law. If any authority or commission herein mentioned shall cease to exist, its powers as granted by this chapter shall devolve upon the state or municipal corporation succeeding to the property, functions, powers and duties of such authority or commission, as the case may be, and may be delegated by its legislative body to any official, board or agency thereof as designated by it or by law. (b) Any or all of the powers to adopt orders, rules or regulations granted by this chapter to the legislative body of any city having a population in excess of one million, whether through provisions applicable to cities generally or applicable specifically to any such city, may be exercised in such city, with respect to any highway, park, bridge or tunnel therein, except as otherwise provided in subsection (c) of this section, by any official, board or agency thereof authorized by law, immediately prior to the effective date of this section, to promulgate traffic regulations with respect to such place, unless and until any such power shall be transferred to any other official, board or agency of such city by local law or state statute. (c) Any or all of the powers to adopt orders, rules, regulations or health code provisions in relation to transportation of combustibles, chemicals, explosives, inflammables or other dangerous substances, articles, compounds or mixtures granted by this title to the legislative body of any city having a population in excess of one million may be exercised by the official, board or agency having the power immediately prior to the effective date of this section, to promulgate regulations or health code provisions governing such matters, unless and until a different official, board or agency is designated by local law or state statute to exercise such power. (d) In any case where any provision of this title grants to the legislative body of any city having a population in excess of one million any power to adopt orders, rules, regulations or health code provisions not possessed by such legislative body or any official, board or agency of such city, immediately prior to the effective date of this section, such power may be exercised by the official, board or agency authorized by law, immediately prior to the effective date of this section, to promulgate traffic regulations applicable generally throughout such city, unless and until a different official, board or agency is designated by local law or state statute to exercise such power, provided that any such power with respect to any park or highway under the jurisdiction of a commissioner of parks or a department of parks, shall be exercised by the official, board or agency having the power, immediately prior to the effective date of this section, to promulgate traffic regulations with respect to such park or highway, unless and until a different official, board or agency is designated by local law or state statute to exercise such power, and provided further that any such power in relation to transportation of combustibles, chemicals, explosives, inflammables or other dangerous substances, articles, compounds or mixtures shall be exercised by the official, board or agency having the power, immediately prior to the effective date of this section, to promulgate regulations or health code provisions governing such matters, unless and until a different official, board or agency is designated by local law or state statute to exercise such power. (e) Any or all of the powers granted by this title to the town board of a town, except those set forth in paragraphs one, five, nine, fifteen and twenty of subdivision (a) of section sixteen hundred sixty may be delegated to any official, board or agency designated by it or by law. S 1604. Local ordinances prohibited. Except as otherwise provided in this chapter, local authorities shall have no power to pass, enforce or maintain any ordinance, rule or regulation requiring from any owner of a motor vehicle or motorcycle, or from any operator or chauffeur to whom this chapter is applicable, any tax, fee, license or permit for the use of the public highways, or excluding any such owner, operator or chauffeur from the free use of such public highways, excepting such driveway, speedway or road as has been or may be expressly set apart by law for the exclusive use of horses and light carriages, or in any other way restricting motor vehicles or motorcycles or their speed upon or use of the public highways; or setting aside for any given time a specified public highway or any part thereof constructed in whole or in part at the expense of the state for exhibitions, shows, exercises, entertainments or meetings; and no ordinance, rule or regulation contrary to or in any wise inconsistent with the provisions of this chapter, now in force or hereafter enacted shall have any effect. Provided, however, that the power given to local authorities to license and regulate vehicles offered to the public for hire, and processions, assemblages or parades in the streets or public places, and all ordinances, rules and regulations which may have been or which may be enacted in pursuance of such powers shall remain in full force and effect. Top of Page
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