The City Council of the City of Troy, County
of Rensselaer, State of New York, pursuant to the provisions of the
Vehicle and Traffic Law of the State of New York, does on March 23,
1977, hereby enact the following traffic ordinance to regulate and
control vehicular and pedestrian traffic within the corporate limits
of the City of Troy.
The formal enacting clause of this traffic ordinance
is being adopted under the authority granted by § 20(22)
of the General City Law, which provides for the adoption of City traffic
ordinances. A majority of the sections contained herein are based
upon § 1640 of the Vehicle and Traffic Law of the State
of New York.
This chapter shall be known as the "City of
Troy, New York, Traffic Ordinance."
[Amended 11-6-1980; 1-5-1989]
A. The words and phrases used in this chapter shall,
for the purpose of this chapter, have the meanings respectively ascribed
to them by the Vehicle and Traffic Law of the State of New York.
B. The following words and phrases which are not defined
by the Vehicle and Traffic Law of the State of New York shall have
the meanings respectively ascribed to them in this section for the
purpose of this chapter:
BLOCK
That portion of a street bounded by the parallel curbs of
said street and by the crosswalks of two consecutive intersecting
primary cross streets.
CENTRAL BUSINESS DISTRICT
All streets and portions of streets within the area described
as follows: All that area bounded by the south line of Ferry Street,
the east line of Eighth Street, the north line of Federal Street and
the Hudson River
CITY
The corporate limits of the City of Troy, New York.
CITY COUNCIL
The legislative body of the City of Troy, New York.
CURBLINE
The prolongation of the lateral line of a curb or, in the
absence of a curb, the lateral boundary of the roadway.
DRIVEWAY
That portion of a private drive or roadway not open to the
use of the public for purposes of vehicular traffic and adjoining
a street. The actual curb cut or prolongation of the private drive
at the curbline shall be considered the width of the driveway.
HOLIDAYS
New Year's Day, Lincoln's Birthday, Washington's Birthday,
Easter, Memorial Day, Independence Day, Labor Day, Veterans' Day,
Election Day, Thanksgiving Day, and Christmas Day shall be considered
holidays.
OFFICIAL TIME STANDARD
Whenever certain hours are named herein or posted on traffic-control
devices, they shall mean the time standard which is in current use
in this City.
PARKING FACILITY
A plot or parcel of land or building, not including streets,
upon or within which the parking of vehicles is regulated by signs,
parking meters and/or parking attendants.
PARKING METER ZONE
A designated location upon or within which the parking of
vehicles is regulated by parking meters.
POLICE OFFICER
Every officer of the City of Troy Bureau of Police or any
other person authorized by the Chief of Police to direct, regulate,
and enforce this chapter and the provisions of the Vehicle and Traffic
Law of the State of New York.
STREET
Any highway, road, street, avenue, alley, drive, public place,
public right-of-way, as shown on the official map of the City of Troy,
New York; all private roads and parking lots open to public motor
vehicle traffic; and all drives, rights-of-way and access roadways
located on property owned by the Troy Housing Authority.
[Amended 12-6-1979; 3-1-1984; 5-2-1985; 12-5-1985; 4-4-1986; 5-1-1986; 10-3-1996; 9-4-1997]
A. The Traffic Engineer is hereby authorized, on the
basis of an engineering and traffic investigation, to prohibit, regulate
or limit stopping, standing or parking of vehicles at all times or
during specified hours on any streets in this City; provided that,
in the Central Business District, on-street parking shall be prohibited
between the hours of 4:00 a.m. to 6:00 a.m., Monday through Friday,
except that the Traffic Engineer is hereby authorized to permit parking
between the hours of 4:00 a.m. to 6:00 a.m. on alternating days, Monday
through Friday, on alternating sides of streets in the Central Business
District.
B. No prohibition, regulation or limitation relating
to stopping, standing or parking imposed under this traffic ordinance
shall be effective unless official traffic-control devices are erected
and in place at the time of any alleged offense. It shall be the duty
of the Traffic Engineer to erect and maintain such official traffic-control
devices.
C. No person shall park any vehicle upon a street in
such a manner or under such conditions as to leave available less
than 10 feet of the roadway for free movement of vehicular traffic.
D. The Traffic Engineer is hereby authorized to prohibit
the stopping, standing or parking on any street during specified hours
for the purpose of street cleaning, snow removal, garbage collection,
leaf collection, road construction, utility work or other such reasons
as deemed necessary to avoid excessive delays to traffic resulting
from such work.
E. The Traffic Engineer is hereby authorized to determine
and designate, by official traffic-control devices, places in which
the stopping, standing or parking of vehicles would create an especially
hazardous condition or would cause unusual delay to traffic.
F. The Traffic Engineer is hereby authorized, on the
basis of an engineering and traffic investigation, to prohibit parking
upon either side of a street adjacent to any school property, when
such parking would interfere with traffic or create a hazardous situation.
G. The Traffic Engineer is hereby authorized to prohibit
or regulate the operation and the stopping, standing or parking of
vehicles in cemeteries, in public parks and upon property owned or
leased by the City.
H. The provisions of this chapter imposing a time limit
on parking shall not relieve any person from the duty to observe other
and more restrictive provisions prohibiting or limiting the stopping,
standing or parking of vehicles in specified places or at specified
times.
I. The Traffic Engineer is hereby authorized to prohibit
parking within 15 feet of either side of the main entrance to a hotel,
theater, auditorium, church, funeral home or other building where
large assemblages of persons are held.
J. The Traffic Engineer is hereby authorized to determine
and designate streets or parts thereof to be emergency snow routes.
No person shall park or stand a vehicle upon any portion of an emergency
snow route during the specified snow emergency periods, as declared
by the Mayor.
K. The Traffic Engineer shall determine upon what streets
angle parking shall be permitted and shall install official traffic-control
devices to indicate such angle parking. Angle parking shall not be
indicated upon any federal or state highway within this City unless
the New York State Department of Transportation Regional Traffic Engineer
has determined that the roadway is of sufficient width to permit angle
parking without interfering with the free movement of traffic. On
those streets which are designated for angle parking, no person shall
park or stand a vehicle other than at the angle to the curb or edge
of the street indicated by such signs or markings.
L. It shall be unlawful to park or stand any trailer
or hitch on any public property or in any street in this City unless
it is attached to a properly registered vehicle capable of immediately
moving such trailer or hitch, unless a permit is obtained from the
Traffic Engineer.
M. It shall be unlawful to park or stand any unregistered
vehicle on any public property or City street in this City.
N. It shall be unlawful to park or stand any inoperable
vehicle on any public property or City street in this City for more
than 24 hours. A vehicle shall be deemed inoperable when for whatever
reason it is incapable of being moved under its own power. Such vehicle
shall be deemed abandoned pursuant to § 1224, Subdivision
1(c), of Vehicle and Traffic Law of New York State, if thereafter
left unattended for more than 48 hours.
O. It shall be unlawful to park any bus, house coach,
school bus, tractor, including a cab or semi-cab of any length, trailer
or combination thereof, semi-trailer, stinger-steered automobile transporter,
mobile car crusher, boat, boat trailer, one-axle trailer, dump truck,
moving van, delivery or work van, either by itself or in combination
with a trailer, in excess of 20 feet in length, recreational vehicle
in excess of 20 feet in length, tow truck except in front of or alongside
a commercial establishment for such towing business and without any
motor vehicle located on or attached to said tow truck, on any City
street other than for a temporary period of time related to and necessary
to accomplish a specific business purpose.
[Amended 7-6-2000 by Ord. No. 14; 7-7-2016 by Ord. No. 48; 3-5-2020 by Ord. No. 21]
P. No person shall park a vehicle in any off-street City-owned
or City-leased public permit parking lot without display of a current
parking permit sticker or permit.
Q. No person shall stop, stand or park a vehicle within six feet of
a fire hydrant except when such vehicle is attended by a licensed
operator or chauffeur who is seated in the front seat and who can
immediately move such vehicle in case of emergency.
[Added 7-10-2014 by Ord. No. 44]
[Amended 10-3-1991; 7-2-1992; 11-5-1992]
A. The Traffic Engineer is hereby authorized, on the
basis of an engineering and traffic investigation, to designate gross
vehicle weight limits on any street in this City, and he/she shall
place and maintain official traffic-control devices to indicate such
restrictions.
B. The Traffic Engineer is hereby authorized, on the
basis of an engineering and traffic investigation, to designate vehicle
size and class restrictions on any street in this City, and he/she
shall place and maintain official traffic-control devices to indicate
such restrictions.
C. The Traffic Engineer is hereby authorized to determine
for all bridges and elevated structures within this City the capacity,
in tons of 2,000 pounds, which the bridge or structure will safely
carry. At bridges or structures of insufficient strength to carry
safely the legal loads permissible by the Vehicle and Traffic Law
of the State of New York, the Traffic Engineer shall cause official
traffic-control devices to be erected to inform persons of the safe
capacity.
D. The Traffic Engineer is hereby authorized to cause
official traffic-control devices to be erected to inform persons of
the legal overhead clearance for all bridges and structures on highways
within this City. 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 14 feet or
more of measured clearance, no such signs shall be required.
E. The Traffic Engineer is hereby authorized, on the
basis of an engineering and traffic investigation, to establish a
system of truck routes upon which all trucks, tractors and tractor-trailer
combinations having a total gross weight in excess of 10,000 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 pickup 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 this City.
F. It is required that all vehicles operated within the
City of Troy be in good and safe operating condition, and each shall
be operated only:
(1) While having a valid New York State certificate of
inspection, or the equivalent thereof for any vehicle registered outside
the State of New York, affixed on the vehicle in the proper location;
(2) While in full compliance with Article 9 of the Vehicle
and Traffic Law of the State of New York, as amended, which article
is fully incorporated herein by reference;
(3) While in full compliance with Article 10 of the Vehicle
and Traffic Law of the State of New York, as amended, which article
is fully incorporated herein by reference;
(4) While in full compliance with Article 6 of the Transportation
Law of the State of New York, as amended, which article is fully incorporated
herein by reference;
(5) While in full compliance with Article 21 of the Tax
Law of the State of New York, as amended, which article is fully incorporated
herein by reference;
(6) While properly registered in accordance with Article
14 of the Vehicle and Traffic Law of the State of New York, as amended,
which article is fully incorporated herein by reference;
(7) While in full compliance with Article 49 of the Code
of Federal Regulations, as amended, which article is fully incorporated
herein by reference;
(8) No vehicle may operate within the City of Troy if
that vehicle has been determined to be in an unsafe condition by a
certified New York State inspector or by a person certified by the
State of New York to conduct such inspections; and
(9) No vehicle may operate within the City of Troy if
it has been determined that the vehicle should be put out of service
by a New York State Department of Transportation inspector.
G. It shall be presumed that a violation of this section
found through an inspection of a vehicle, requested by an officer
of the Police Department of the City of Troy and inspected in the
presence of any officer thereof, after the vehicle was involved in
an accident was a violation at the time of the accident. Any such
inspection shall take place only after at least two days' notice is
given to the owner of the vehicle, and the owner and/or person or
persons he/she shall designate shall have the right to attend the
inspection.
[Amended 11-5-1992]
No person shall operate or drive a motor vehicle
nor permit another person to operate or drive a motor vehicle:
A. Unless the person driving or operating the motor vehicle
is duly and properly licensed with a license which is in full force
and effect and valid, pursuant to Articles 19 and 20 of the Vehicle
and Traffic Law of the State of New York, as amended, which articles
are fully incorporated herein by reference; and
B. Unless in full compliance with Article 33 of the Vehicle
and Traffic Law of the State of New York, as amended, which article
is fully incorporated herein by reference.
[Amended 11-5-1987; 11-5-1992]
A. Parades; processions. The Traffic Engineer is hereby
authorized to license, regulate or prohibit processions, assemblages,
funerals or parades containing 100 or more persons or 50 or more vehicles,
based upon an engineering and traffic investigation. Whenever such
a procession, assemblage or parade, which has been authorized by the
Traffic Engineer, 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 10 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.
B. Closing streets. The Traffic Engineer is hereby authorized,
on the basis of an engineering and traffic investigation, to declare
any street or portion thereof temporarily closed to motor vehicle
through traffic, and he/she shall erect and maintain official traffic-control
devices and barricades to indicate such closing. Whenever such street
is closed, no person shall drive a vehicle upon such street or portion
thereof except drivers of vehicles having businesses or whose residences
are within such closed area, and then any said driver shall exercise
the greatest care in driving upon such street.
C. Shopping centers. The Traffic Engineer is hereby authorized,
with respect to the parking area of a shopping center or private development
and pursuant to the written request of either the owner or the person
in general charge of the operation and control of such parking area,
to designate in accordance with the Vehicle and Traffic Law of the
State of New York any applicable traffic regulations necessary to
regulate and control traffic within such parking area.
D. Construction. No construction work, utility repairs,
road maintenance work and similar activities which take place on the
streets of this City shall be conducted without the proper and necessary
traffic-control devices and equipment as required by the New York
State Department of Transportation's Manual of Uniform Traffic-Control
Devices.
E. Driveways. No new driveways intersecting a City street
shall be constructed without first obtaining a driveway permit approved
by the Traffic Engineer.
F. Parking in front of residences. No person shall stop,
stand or park a vehicle, motor vehicle or motorcycle in front of any
residence, outside of the Central Business District, for any purpose
except to discharge passengers or deliver merchandise to such residence,
nor longer than actually necessary for such purpose, except with the
consent of the owner or occupant of such residence. The owner or operator
of any vehicle, motor vehicle or motorcycle which shall stop, stand
or park in front of any such residence shall move such vehicle, motor
vehicle or motorcycle therefrom immediately upon being notified to
do so by the owner or occupant of such residence.
G. Parking permits for disabled persons. The Traffic
Engineer is hereby authorized, on the basis of an engineering and
traffic investigation, to issue a disabled person parking permit to
any owner or occupant of any residence who shows: that he/she is disabled;
that the permit would alleviate a hardship; and that permission of
the owner of the residence has been given. The license plate number
of the principal vehicle in which access is needed shall be installed
on the sign.
H. Vehicles engaged in the transportation of loose cargo.
It shall be unlawful to operate on any public highway in the City
of Troy any open truck or trailer being utilized for the transportation
of earth, sand, stone or similar loose substances, unless said truck
or trailer has a cover or tarpaulin which completely closes in the
opening on said truck or trailer while said truck or trailer shall
be so operated so as to prevent the falling of any such substances
therefrom. However, if the load is at least six inches below the top
of the sides of such truck, said covering is not necessary.
[Amended 7-27-1978; 11-6-1980; 4-3-1986; 1-5-1989; 11-5-1992; 3-16-1994; 12-1-1994; 2-2-1995; 12-22-1995; 12-4-2014 by Ord. No. 78; 3-5-2015 by Ord. No. 21]
A. Whenever any police officer finds a vehicle unattended where it constitutes an obstruction to traffic or any place where stopping, standing or parking is prohibited or in any off-street, City-owned or City-leased public permit parking lot without display of a current parking permit or sticker in violation of §
270-13P, or when two or more fifty-dollar overtime parking violation tickets have been issued to a vehicle parked anywhere in the same block on the same day within the downtown business district or in any off-street nonpermit parking lot on the same day or when the owner of any such vehicle is delinquent, for a period of two weeks or more, in the payment of three or more parking violation fines, said officer is hereby authorized to provide for the removal of such vehicle, semitrailer or trailer to a garage, automobile pound or other place of safety as designated by the Bureau of Police.
B. The owner or other person lawfully entitled to the possession of
such vehicle shall be charged a fee of $25 per day for vehicle storage.
Said fee shall be charged commencing 24 hours after the time of the
tow as indicated on the tow sheet and shall be payable prior to the
release of the vehicle.
[Added 3-16-1994; amended 11-1-2001 by Ord. No. 9]
Whenever road conditions in the City shall become
hazardous or such that the free movement of fire, health, police,
emergency or vehicular traffic may become impeded by reason of snow,
freezing rain, sleet, ice or other natural causes, the Mayor, upon
the advice of the Chief of Police and the Commissioner of the Department
of Public Works, may declare the existence of a snow emergency by
giving public notice thereof at least eight hours before said snow
emergency is commenced.
A. Notification. Upon the declaration of a snow emergency,
the Mayor shall immediately notify the news media that a snow emergency
has been declared in the City. Such notification shall constitute
notice to the general public of a snow emergency.
B. Information. The Mayor shall establish a phone line
which citizens may call for information regarding any declared snow
emergency. Such information should be available 24 hours a day during
said emergency. The Mayor shall take appropriate steps to publicize
the phone number for said snow emergency information.
C. A snow emergency shall either commence at 8:00 a.m.
or 8:00 p.m. A snow emergency, once declared, shall continue for a
forty-eight-hour period. If conditions warrant, the Mayor, upon the
advice of the Chief of Police and the Commissioner of the Department
of Public Works, is authorized to continue the snow emergency for
an additional forty-eight-hour period. Continuation of such snow emergency
shall be conveyed to the public by radio and television announcements.
D. Vehicular parking is restricted during snow emergencies
as follows:
(1) Upon commencement of a snow emergency, all vehicular
parking on the odd-numbered side of City streets is prohibited for
the first twenty-four-hour period.
(2) After 24 hours from the commencement of the snow emergency,
vehicular parking on the even-numbered side of all City streets is
prohibited for the second twenty-four-hour period.
(3) After 48 hours have lapsed from the commencement of the snow emergency, the snow emergency will be officially declared ended, unless such emergency is continued as specified in Subsection
C.
(4) For any street that does not follow an odd/even-numbering
system, the Department of Public Works shall indicate by the posting
of temporary signs when and where parking is not permitted during
the snow emergency, which shall constitute public notification.
(5) In addition to the odd/even parking restrictions,
the City may restrict parking in designated areas for additional snow
removal. Temporary appropriate signage will be posted in such areas,
which shall constitute public notification.
(6) During a declared snow emergency, the provisions of
this section shall supersede any other ordinance, resolution or regulation
which may be inconsistent herewith.
E. Removal of vehicles from City streets:
(1) In addition to the penalties specified in Subsection
F, any vehicle parked, stalled or otherwise unable to move during any snow emergency, in violation of the provisions of this section, shall be towed or caused to be moved under the directions of the Police Department or such City employees as might be designated by the Mayor. The vehicles shall be towed at the owner's expense, and such towing charges shall be paid prior to release of such vehicle.
(2) The owner or other person entitled to the possession of such vehicle
shall be charged an all-inclusive tow fee of $155. In addition, the
owner may be charged a storage fee of $25 per day for any vehicle
not recovered within 24 hours of the tow. No fee for storage may accrue
until after the first 24 hours. For the purpose of this section, the
twenty-four-hour period begins at the time of the tow and ends at
the same time on the next day.
[Amended 3-5-2015 by Ord.
No. 21]
F. Penalties. In addition to the penalties specified in Subsection
E, the owner of any vehicle parked in violation of this section shall be issued a parking ticket which shall subject such vehicle's owner to a fine of $50.
[Amended 3-5-2015 by Ord.
No. 21]
[Amended 7-27-1978; 12-27-1979; 11-6-1980; 5-27-1982; 4-3-1986; 11-5-1987; 12-3-1987; 5-5-1988; 11-5-1993; 3-16-1994; 7-7-1994; 7-11-1996; 12-6-2001 by Ord. No. 10; 12-4-2014 by Ord. No. 78]
A. Violations deemed traffic infraction. It is a traffic infraction
for any person to violate any of the provisions of this chapter unless
such violation is declared to be a misdemeanor or a felony pursuant
to the Vehicle and Traffic Law of the State of New York or any other
law of this state.
B. General penalty. Unless another penalty is expressly provided by
law, every person convicted of a violation of any provision of this
chapter shall be punished by an original fine of not more than $175
or by imprisonment for not more than 15 days, or by both such fine
and imprisonment.
[Amended 4-7-2016 by Ord.
No. 18]
C. Specific fines enumerated. The Troy City Council hereby authorizes
the following fines to be levied for the corresponding traffic infractions:
(1) Parking in excess of two-hour limit continuously in the same block
on the same day or in a nonpermit off-street parking lot on the same
day: $50.
(8) Parking in crosswalk: $50.
(9) Parking in driveway: $50.
(10)
Parking on sidewalk: $50.
(11)
Parking in intersection: $50.
(12)
Other improper parking: $50.
(13)
Parking in any City-owned or City-leased parking lot without display of a current parking permit or sticker in violation of §
270-13P: $50.
(14)
Stopping, standing or parking a vehicle in any on-street area
designated for handicapped parking unless the vehicle bears a valid
handicapped permit per the New York State Vehicle and Traffic Law:
$175.
(15)
Parking in violation of snow emergency: $50.
(16)
Facing wrong direction: $50.
(17)
Parked over 12 inches from curb: $50.
(18)
Uninspected motor vehicle: $50.
(19)
No valid registration sticker: $50.
(20)
Allowing less than 10 feet for free flow of traffic: $50.
(21)
Occupying more than one marked space: $50.
(22)
Parking any vehicle in violation of §
270-13O: $75.
[Added 3-5-2020 by Ord. No. 21]
D. Fines credited to general fund. All fines, penalties
and forfeitures collected upon conviction or upon forfeiture of bail
by any person charged with a violation of this chapter shall be paid
to the City of Troy and credited to its general fund.
E. Doubling and tripling of fine. Any fine levied pursuant to this section
shall automatically double two weeks from the date of issue, and triple
60 days from the date of issue, unless during that time it shall have
been paid, or unless during that time the individual receiving the
ticket(s) protests the ticket(s) in accordance with the protest procedures
in effect at the time of the issuance of the ticket.
[Amended 4-7-2016 by Ord.
No. 18]
[Amended 11-5-1993; 12-6-2001 by Ord. No. 10]
A. The provisions of this traffic ordinance relating
to the operation of vehicles refer exclusively to the operation of
vehicles upon streets, except where a different place is specifically
referred to in a given section.
B. This chapter shall not have a retroactive effect and
shall not apply to any traffic accident, to any cause of action arising
out of a traffic accident or judgment arising therefrom, or to any
violation of the traffic ordinance of this City occurring prior to
the effective date of this chapter.