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

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