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CORBALLY, GARTLAND AND RAPPLEYEA
~S anb ~01UtSthtrs at Jaht
CHARLES J. CORBALLY (1966)
JOHN J. GARTLAND, JR.
ALLAN E.RAPPLEYEA
DANIEL F. CURTIN +
FRED W. SCHAEFFER
JON HOLDEN ADAM S
MICHAEL G. GARTLAND
VINCENT L. DEBIASE
PAUL O. SULLIVAN *
BARDAVON BUILDING
35 MARKET STREET
FLORIDA OFFICE:
50 SOUTH BELCHER ROAD
BUI LDING E. SUITE 122
CLEARWATER, FLORIDA 33515
813-461-3144
POUGHKEEPSIE, NEW YORK 12601
914-454-1110
MILTON M. HAVEN
JOSEPH F. HAWKINS
COUNSEL
BRANCH OFFICE:
BANK OF MILLBROOK BUILDING
FRANKLIN AVE.
MILLBROOK, NEW YORK 12545
914-677-5539
June I, 1981
*MEMBER N. Y. AND fLORIDA BAR
The Hon. Frank Versace
Town Councilman
Town Hall
Mill Street
Wappinger Falls, New York 12590
RECEIVED
IJUN 2 1981
ELAINe H. SNOWDEN
Re: Parking, Private Shopping Centers
Dear Sir:
At the last town board meeting you inquired as to whether
or not the town board, by ordinance, could regulate parking
within private shopping centers to prohibit the parking of a
motor vehicle in more than one designated space.
The right of the town to prescribe parking regulations
within a private shopping center is limited by the provisions
of Vehicle and Traffic Law ~l660-a which requires that as a
pre-requisite for such regulations, there must be a written
request of either the owner or a person in general charge of
the center, or the fire chief of the fire department serving the
area requesting particular rules and regulations, and those
rules and regulations are limited to those prescribed by statute,
a copy of which I enclose. None of the enumerated instances
in subdivisions 1 through 8 apply to the circumstances addressed
by you. However, there is broad language in paragraph.9 that
might be considered although I have some reservation as to
whether or not it would encompass the activity contemplated by
you as Rule 9 is invoked only where local conditions require
additional reasonable rules and regulations. The parking of
a car in more than one space would appear to be something common
to any shopping center or other area having multiple parking
spaces and not one attributable to local conditions. If the
phrase "as local conditions may require" were not included in
the statutory language, I would consider the prohibition sought
by you to be one related to safety and convenience. However,
~'. ,..
"
CORBALLY, GARTLAND AND RAPPLEYEA
The Hon. Frank Versace
Page - 2 -
June 1, 1981
the addition of that qualifying phrase would appear to limit
the otherwise broad latitude that the statute would have.
Under the foregoing circumstances, it does not appear that
the provisions of Vehicle and Traffic Law 9l660-a could be
utilized as a basis for an adoption of an ordinance prohibiting
parking of cars in more than one space.
Very t~tll,\y~9rs,
CORBALL Y. /fRTLAND
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ART 41
VEHICLE AND TRAFFIC LAW
~ 1660-a
excess of any designated weight, from any town
highway, but such action must be reasonable. 1967
Ops 5t Compt File #325.
The town board of a town of the second class,
with a population of less than ten thousand, may
not, under its power to enact ordinances regulating
the use of its highways, exclude trucks from
certain highways. 1954 Ops 5t Compt 269.
9. Stop signs
Any town may, by appropriate action, designate a
stop intersection and erect stop signs at one or
more entrances thereto. 1964 Ops St Compt
#106.
10. Traffic control signals
Towns, and not counties, have the power and duty
to install and maintain traffic control signals on
county roads outside of villages and cities. 1967
Ops St Compt File #586.
11. Cost of control devices
A town may share with a village in the cost of a
traffic control signal at an intersection of a county
road with a village street which becomes a county
road at the border line of the village and town.
1968 Ops St Compt File #367.
Where a "stop and go" traffic signal light has been
installed on a county road directly in front of a
firehouse the cost of the installation, erection and
maintenance of the traffic signal light is a town
charge. 1969 Ops St Compt File #332.
12. Parking regulations
The power of a town to prohibit, restrict or limit
stopping, standing or parking of vehicles on state
highways maintained by the state within a town is
limited to installation, opeartion, maintenance,
policing and supervising of parking meters, subject
to the written approval of the State Traffic Com-
mission. 1965 Ops St Campt File #288.
A town board may adopt an ordinance providing
for the towing away of parked motor vehicles from
areas where parking is prohibited. 1965 Ops Atty
Oen Feb 8.
A town may adopt an ordinance prohibiting the
parking of vehicles on town roads and county
highways within the town in order to facilitate
snow removal operations. 1973 Ops 5t Compt File
#873.
13. Bridaes
There appears to be a common plan or design in
regulating traffic on bridges and on highways
under bridges to compel cities, villages, towns and
the state department of transportation to post
overhead clearance capacity signs. Akers Motor
Lines, Inc. v New York (1972) 72 Mise 2d 751,
339 NYS2d 514.
[As amended by L 1975, ch 199.J
~ 1660-a. Traffic regulations at hospital parking areas and driveways and
shopping centers; private apartment complex.
The town board of any town, with respect to the parking areas and
driveways of a hospital or parking area of a shopping center or the parking
area and private streets or roadways of a private apartment house complex,
and pursuant to the written request of either the owner or the person in
general charge of the operation and control of such area, may, by local law
or ordinance:
1. Order stop signs, flashing signals or yield signs erected at entrance or exit
locations to any such area or designate any intersection in such area as a
stop intersection or as a yield intersection and order like signs or signals at
one or more entrances to such intersection.
2. Regulate traffic in any such area, including regulation by means of traffic-
control signals.
3. Prohibit or regulate the turning of vehicles or specified types of vehicles
at intersections or other designated locations in any such area.
4. Regulate the crossing of any roadway in any such area by pedestrians. .
5. Designate any separate roadway in any such area for one-way traffic.
6. Prohibit, regulate, restrict or limit the stopping, standing or parking of
vehicles in specified areas of any such area.
7. Designate safety zones in any such area.
255
~ 1660-8
CONSOLIDATED LAWS SERVICE
ART 41
8. Provide for the removal and storage of vehicles parked or abandoned in
any such area during snowstorms, floods, fires or other public emergencies,
or found unattended in any such area, (1) where they constitute an
obstruction to traffic or (2) where stopping, standing or parking is prohib-
ited, and for the payment of reasonable charges for such removal and
storage by the owner or operator of any such vehicle.
9. Adopt such additional reasonable rules and regulations with respect to
traffic and parking in any such area as local conditions may require for the
safety and convenience of the public or of the users of any such area.
HISTORY:
Add, L 1970, ch 679, ~ 12, amd, L 1975, ch 199, L 1975, ch 368, elf Sept I, 1975.
Section heading, amd, L 1975, ch 199, L 1975 ch 368, elf Sept I, 1975.
The first 1975 act (ch 199) added the matter concerning private apartment complex.
The second 1975 act (ch 368) added the matter relative to hospital driveways and
parking areas.
RESEARCH REFERENCES AND PRACfICE AIJ>S:
4 NY Jur, Automobiles and Other Vehicles ~~ 486, 579.
CASE NOTES
The installation of traffic controls by a town upon not be assessed against the owner thereof. 1972
the parking area of a privately-owned shopping Ops St Campt File #573.
center is a town charge and the cost of same may
~ 1661. [Repealed]
HISTORY:
Add, L 1959, ch 775, with substance transferred from former ~ 1661, amd, L 1960,
ch 300, ~~60, 61, repealed, L 1964, ch 763, elf Oct 1,1964.
NOTE:
[1960 (ch 300)] The provisions of paragraph 9 of subdivision a of ~ 1661, repealed
by ~ 60 of this act, have been included in new subdivision ten of section 1660 of
this act.
[1964] This act was prepared under the direction of the New York State Depart-
ment of Motor Vehicles and was introduced at its request.
The provisions of ~ 1661, which was repealed by this act, have been incorporated
into ~ 1660 and made to apply to all towns.
~ 1662. Additional traffic regulations in towns in the county of Suffolk
In addition to the other powers granted by this article, the town board of
any town in the county of Suffolk with respect to highways outside of
villages in such town, subject to the limitations imposed by section sixteen
hundred eighty-four and subject to disapproval by the department of
transportation may by ordinance, order, rule or regulation limit the parking
time of vehicles in congested areas.
HISTORY:
Add, L 1959, ch 775, with substance transferred from former ~ 1662, amd, L 1968,
ch 420, ~ 341, elf May 31, 1968.
256
:E
1980
,icycles.
: highway to be used for
Isses of vehicles.
se vehicles on any street
5, rules and regulations
lbject to the limitations
or portion thereof as a
;tanding or parking of
of this chapter or those
jance with section one
:31, ~ 5, elf June 10,
ch 231, ~ 5, elf June
31, ~ 5, elf June 10,
ch 231, ~ 5, elf June
ch 231, ~ 5, elf June
1980, ch 231, ~ 5, elf
Ie 24, 1980.
l 1, 1981.
rity to approve an applica-
from weight restrictions on
Supp
VEHICLE AND TRAFFIC LAW
~ 1660-a
vehicles that are imposed by the town under the
authority of this section. 1979 Op St Compt File
#236.
A town has no authority to regulate transportation
of nuclear materials on State highways situated in
the town. 19800p Atty Oen June 3 (informal).
6. Restriction of traffic
Whether a village may legally adopt a loCal law
creating a "quiet zone" in the area of a village-
operated hospital depends upon the circumstances.
1979 Op St Compt File #527.
7. Prohibition of traffic
Even if an intersection between a town road and a
county road has proven to be very dangerous
because of severe visibility problems, a barrier may
not be erected across the town road to avoid
accidents. 1979 Op St Compt File #530.
8. Regulation of truck traffic
There is no authority for a town superintendent of
highways to close a town highway to trucks and
other specified vehicles with a weight in excess of
three tons without the adoption of an ordinance,
order, rule or regulation to that effect by the town
board. 1975 Ops Atty Oen Feb 19.
It is doubtful that a town could restrict trucks
from certain streets in a subdivision, where the
effect of such restriction would be to require a
private developer, who is completing work on the
remainder of the subdivision, to use private rights
of way owned by him which might not be passable
during and after periods of inclement weather.
1975 Ops St Compt File #859.
A city, village or town may bar trucks from
designated highways when such highways cross
municipal boundary lines and the adjoining munic-
ipality does not bar such trucks from the same
highways, provided that such action is reasonable
and the city, village or town complies with its
responsibility to provide alternate routes. 1976 Ops
Ally Oen Nov 22.
A town may regulate truck traffic, including inter-
state trucks, on a county. road within the town,
but the restrictions must be reasonable and may
not place an undue burden on interstate com-
merce. Trucks over a certain weight may be
barred from certain highways if a reasonable and
adequate alternative route is available. 1980 Op St
Compt File #388
10. Traffic control signal
A town may install traffic control devices on town
roads at the intersection of private roads. Local
legislation restricting such devices to intersections
of town roads and roads owned by non-profit
entities, to exclusion of all other private roads,
must be based upon some reasonable distinction
for traffic intersections of private roads, as a class,
different from those owned by other private own-
ers generally. 1979 Op St Campt File #846.
12. Parking regulations
Where a town has constructed a park in a village
which is situated within the boundaries of the
town: (I) Village traffic regulations may not be
enforced within the confines of the town park; (2)
The village may not restrict hours of use of the
town park, except in the exercise of its police
powers; (3) The village police department must
provide police protection within the confines of the
park; (4) Except for necessary police power regula-
tions, the village may not restrict the use of the
town park; (5) The village is not responsible for
liability insurance coverage on park property; (6)
The village may not install parking meters on
roadways within the park. 1976 Ops St Compt
File #6.
Town legislation which prohibits overnight park-
ing town wide but exempts certain streets because
residences on those streets do not have driveways,
must be considered in the light of constitutional
principle of equal protection. 1979 Op St Compt
File #649.
13. Bridges
Town bridges should be poSted in accordance with
Vehicle and Traffic Law, ~ 1660, subd 20(b). 1980
Op Atty Oen Jan 9(informal).
Under a qualified abandonment, the town should
continue to maintain a bridge with a span of over
20 but less than 25 feet; a private owner may
rebuild a bridge with a span of less than 20 feet.
1980 Op Ally Oen Jan 9 (informal).
~ 1660-a. Traffic regulations atl parking areas and driveways2 of hospitals, shopping
centers3, private apartmentf complexes and fire stations5; private condominium
complex
The town board of any town, with respect to the parking areas and driveways of a
hospital or parking area of a shopping center or the parking area and private streets
or roadways of a private apartment house complex, or the parking -areas and
driveways of a fire station, or private condominium complex, and pursuant to the
written request of either tQe owner or the person in general charge of the operation
and control of such area, or the fire chief of the fire department serving such area,
may, by loca11aw or ordinance:
[For subs 1, 2, see parent volume]
I
69
~ 1660-8
(Added, L 1976)
'2-a. Notwithstanding the provisions of section sixteen hundred sixty-two-a to the
contrary, ~stablish maximum speed limits in any such area at not less than fifteen
miles per 11our. '
[For subs 3-9, see parent volume)
CONSOLIDATED LAWS SERVICE
1980
(Added, L 1980, effective April 1, 1981)
10. 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 handicapped parking permit issued in accordance with section one
thousand two hundred three-a of this chapter.
HISTORY:
Section heading amd, L1977, ch 925, L 1977, ch 926, both elf Aug II, 1977.
The 1977 act (ch 925) deleted at fig I "hospital", at fig 2 "and", at fig 3 a
semicolon, at fig 4 "complex" and added at fig 2 "of hospitals," at fig 3 a comma
and at fig 4 "complexes and fire stations".
The 1977 act (ch 926) added at fig 5 "; private condominium complex".
Neither 1977 act referred to the other.
Opening par, amd, L 1977, ch 925, L 1977, ch 926, L 1979, ch 646, ~ 2, elf July II,
1979.
Sub 2-a, add, L 1976, ch 389, elf July 15, 1976.
Sub 10, add, L 1980, ch 181, ~ 9, elf April I, 1981.
CASE NOTES
Regulation of parking and traffic in a private
condominium complex is an exercise of a town's
police powers, and a town is subject to the same
constitutional principles as when it regulates park-
ing and traffic on public streets and highways-
e.g., regulations should bear reasonable relation to
public welfare and operate. with substantialequal_
ity and uniformity. The installation of signs and
traffic controls in a private condominium complex
is a town charge and may not be charged back
against 'the property in question. 1978 Op 8t
Compt File #269.
A town board, which has adopted traffic regula-
tions for a privately owned shopping center, at the
owner's request pursuant to Vehicle and Traffic
Law, ~ 166O-a, may not be subsequently compelled
to repeal such negotiation if so requested by the
shopping center owner. 1979 Op St Compt File
#78.
While a town does not have specific authority
under the Vehicle and Traffic Law to regulate
parking on private property, except in enumerated
circumstances, a town may enact an ordinance
pursuant to its general police powers prohibiting
parking on private property without the permis-
sion of the property owner and providing for the
removal of motor vehicles parked in violation of
such an ordinance. 1980 Op Atty Gen June 24
(informal).
~ 1662-a. Speed limits in certain towns
CROSS REFERENCES:
This section referred to in ~~ 1180, I 66O-a, 1803; Oen Mun Law ~ 99-1.
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~ 1663. Special speed limits on bridges and other elevated structures
CROSS REFERENCES:
This section referred to in ~~ 1180, 1803; Oen Mun Law ~ 99-1.
~ 1664. Application of article
IX
70