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A01272 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1272
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2023
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Transportation
 
        AN ACT to amend the vehicle and traffic law, in relation to speed limits
          for any portion of a highway within a city, village or town park
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 1643 of the vehicle and traffic law, as amended  by
     2  chapter 496 of the laws of 2022, is amended to read as follows:
     3    §  1643. Speed limits on highways in cities and villages. The legisla-
     4  tive body of any city or village with respect to  highways  (which  term
     5  for  the  purposes  of  this section shall include private roads open to
     6  public motor vehicle traffic) in such city or village, other than  state
     7  highways  maintained by the state on which the department of transporta-
     8  tion shall have established higher or lower speed limits than the statu-
     9  tory fifty-five miles per  hour  speed  limit  as  provided  in  section
    10  sixteen  hundred  twenty  of  this  title, or on which the department of
    11  transportation shall have designated that such city or village shall not
    12  establish any maximum speed limit as provided in section sixteen hundred
    13  twenty-four of this title, subject to the limitations imposed by section
    14  sixteen hundred eighty-four of this title may by local  law,  ordinance,
    15  order,  rule or regulation establish maximum speed limits at which vehi-
    16  cles may proceed within such city or village, within designated areas of
    17  such city or village or on or along designated highways within such city
    18  or village higher or lower than the fifty-five miles  per  hour  maximum
    19  statutory  limit. No such speed limit applicable throughout such city or
    20  village or within designated areas of such  city  or  village  shall  be
    21  established  at less than twenty-five miles per hour; except that in the
    22  city of Long Beach, in the county of Nassau, speed limits may be  estab-
    23  lished  at  not  less  than fifteen miles per hour on any portion of the
    24  following highways in such city: Cleveland avenue, Harding avenue, Mitc-
    25  hell avenue, Belmont avenue, Atlantic avenue,  Coolidge  avenue,  Wilson
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01780-01-3

        A. 1272                             2
 
     1  avenue  and  Taft  avenue.  No  such  speed limit applicable on or along
     2  designated highways within such city or village shall be established  at
     3  less  than  twenty-five  miles per hour, except that school speed limits
     4  may  be  established  at  not  less  than  fifteen miles per hour, for a
     5  distance not to exceed one thousand three  hundred  twenty  feet,  on  a
     6  highway passing a school building, entrance or exit of a school abutting
     7  on  the  highway  [and],  except  that  within the cities of Buffalo and
     8  Rochester speed limits may be established at not less than fifteen miles
     9  per hour for any portion of a highway within a  city  park,  and  except
    10  that a speed limit may be established at not less than fifteen miles per
    11  hour  for  any  portion  of  a highway within a city or village park. No
    12  speed limits shall be established pursuant to  the  provisions  of  this
    13  section  except  in  accordance  with the engineering considerations and
    14  factors for speed limits set forth in the manual and specifications  for
    15  a  uniform  system  of traffic control devices maintained by the commis-
    16  sioner of transportation pursuant to section sixteen hundred  eighty  of
    17  this  title,  as such manual and specifications may be amended from time
    18  to time, certified by a licensed professional engineer  who  specializes
    19  in traffic operations.
    20    §  2.  Section  1662-a  of  the vehicle and traffic law, as amended by
    21  chapter 496 of the laws of 2022, is amended to read as follows:
    22    § 1662-a. Speed limits in certain towns. The town board of any  subur-
    23  ban  town  governed  pursuant to article three-A of the town law and the
    24  town board of any other town having a population exceeding  fifty  thou-
    25  sand,  with  respect  to  highways  (which term for the purposes of this
    26  section shall include private roads open to public motor  vehicle  traf-
    27  fic)  in such towns outside any village, other than state highways main-
    28  tained by the state on which the department of transportation shall have
    29  established higher or lower speed limits than the  statutory  fifty-five
    30  miles per hour speed limit as provided in section sixteen hundred twenty
    31  of  this  title, or on which the department of transportation shall have
    32  designated that such towns shall not establish any maximum  speed  limit
    33  as  provided  in  section  sixteen  hundred  twenty-four  of this title,
    34  subject to the limitations imposed by section  sixteen  hundred  eighty-
    35  four  of  this  title  may by local law, ordinance, order, rule or regu-
    36  lation establish maximum speed limits  at  which  vehicles  may  proceed
    37  within  such towns, within designated areas of such towns or on or along
    38  designated highways within such towns lower than  the  fifty-five  miles
    39  per  hour  maximum  statutory  limit.  No  such  speed  limit applicable
    40  throughout such towns or within designated areas of such towns shall  be
    41  established  at less than twenty-five miles per hour, except that in the
    42  town of Hempstead speed limits may  be  established  at  not  less  than
    43  fifteen  miles  per  hour  on  any portion of a highway in the community
    44  known as Point Lookout and on all or any portion of the following  high-
    45  ways  in  the  community  known as Lido Beach: Ocean Boulevard, Allevard
    46  Street, Bath Street, Buxton Street, Cheltenham Street, Pinehurst Street,
    47  Harrogate Street, Matlock  Street,  Nantwick  Street,  Biarritz  Street,
    48  Royat Street, Luchon Street, Woodhail Street, Leamington Street, Sarato-
    49  ga  Street,  Kensington  Street, and Prescott Street; provided, however,
    50  that no such speed limit in such town may be established unless a major-
    51  ity of the residents of each such community file  a  petition  with  the
    52  town board of such town requesting such speed limit. No such speed limit
    53  applicable  on  or  along designated highways within such towns shall be
    54  established at less than twenty-five miles per hour, except that  school
    55  speed limits may be established at not less than fifteen miles per hour,
    56  for  a distance not to exceed one thousand three hundred twenty feet, on

        A. 1272                             3
 
     1  a highway passing a school building, entrance or exit of a school  abut-
     2  ting on the highway, except that a speed limit may be established at not
     3  less  than  fifteen  miles per hour on any portion of a highway within a
     4  town park, and except further that in the town of Hempstead speed limits
     5  may  be  established  at  not  less  than  fifteen miles per hour on any
     6  portion of a highway in the communities known as Point Lookout and  Lido
     7  Beach;  provided,  however, that no such speed limit in such town may be
     8  established unless a majority of the residents of  each  such  community
     9  file  a  petition with the town board of such town requesting such speed
    10  limit. No speed limits shall be established pursuant to  the  provisions
    11  of this section except in accordance with the engineering considerations
    12  and  factors for speed limits set forth in the manual and specifications
    13  for a uniform system  of  traffic  control  devices  maintained  by  the
    14  commissioner  of  transportation  pursuant  to  section  sixteen hundred
    15  eighty of this title, as such manual and specifications may  be  amended
    16  from  time  to  time,  certified by a licensed professional engineer who
    17  specializes in traffic operations.
    18    § 3. This act shall take effect immediately.
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