A.
The words and phrases used in this chapter shall,
for the purposes of this chapter, have the meanings respectively ascribed
to them by Article 1 of the Vehicle and Traffic Law of the State of
New York.
B.
ABANDONED VEHICLE
BLOCK
BUS, OMNIBUS or COACH
COMMISSIONER
CURB
CURBLINE
DERELICT VEHICLE
HOLIDAYS
IDLING
OFFICIAL TIME STANDARD
OFFICIAL TRAFFIC SIGNS AND SIGNALS
ONE-WAY TRAFFIC
PARKING METER ZONES
POLICE TOWING
SCHOOL DAYS
STANDING
STOP or STOPPING
STORAGE AREA
THROUGH TRAFFIC STREET
TOW OPERATOR
TOW TRUCK
VEHICLE
The following words and phrases, which are not defined
by Article 1 of the Vehicle and Traffic Law of the State of New York,
shall have the meanings respectively ascribed to them in this section
for the purposes of this chapter:
A junked, discarded, dismantled and/or unregistered motor
vehicle, including a vehicle which is incapable of being self-propelled
upon the public streets, a vehicle whose owner cannot be identified
and a vehicle which is without current license plates attached to
the vehicle.
[Added 10-20-1998 by Ord. No. 269-1998]
That portion of any street between intersections.
Any motor vehicle equipped and used for the transportation
of seven or more passengers for hire.
The Police Commissioner of the City of New Rochelle.
The boundaries of the roadway, whether marked by curbstones
or not so marked.
The prolongation of the lateral line of a curb or, in the
absence of a curb, the lateral boundary line of the roadway.
A vehicle which is dilapidated, burned out, stripped and/or
vandalized as to be of no apparent value other than scrap.
[Added 10-20-1998 by Ord. No. 269-1998]
New Year's Day, Martin Luther King, Jr., Day, President's
Day, Election Day, Memorial Day, Independence Day, Labor Day, Columbus
Day, Veterans Day, Thanksgiving Day and Christmas Day.
[Amended 4-20-1999 by Ord. No. 98-1999]
The stopping or standing of a vehicle, whether occupied or
not, while the engine is running.
[Added 8-10-2009 by Ord. No. 146-2009]
Whenever certain hours are named herein or on traffic control
devices, they shall mean the time standard which is in current use
in this date.
All signs, markings, devices and signals not inconsistent
with this chapter, placed or erected by authority of a public body
or official having jurisdiction, for the purpose of guiding, directing,
warning or regulating traffic.
Traffic restricted in one direction.
Such highways or parts of highways in the City where, pursuant
to this chapter or any other ordinance, parking meters are installed,
operated, maintained, policed and supervised and where the payment
of a fee for the privilege of parking where such meters are in operation
is fixed and required.
The moving of a motor vehicle by another vehicle for hire
at the direction of the Police Department.
[Added 10-20-1998 by Ord. No. 269-1998]
Monday through Friday from September 1 to June 30, except
holidays.
[Added 12-16-2019 by Ord. No. 2019-257]
The stopping of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
receiving or discharging passengers.
When required, a complete cessation from movement; when prohibited,
any halting, even momentarily, of a vehicle, whether occupied or not,
except when necessary to avoid conflict with other traffic or any
compliance with the directions of a police officer or traffic control
sign or signal.
An area or region either designated by the Commissioner or
owned or under the control of the tow company to hold vehicles towed
under this chapter until disposed of under the provisions of this
chapter.
[Added 10-20-1998 by Ord. No. 269-1998]
Properly designated main artery of travel.
Any individual, firm, association, joint venture, partnership,
group, corporation or any other legal entity or combination of entities
which provide the service of moving a motor vehicle by another vehicle
for hire or the storage of vehicles after towing, and shall include,
without limitation, owners of towing trucks, their agents and employees.
[Added 10-20-1998 by Ord. No. 269-1998]
A vehicle equipped with a crane or other device to raise
a vehicle or the front or rear end thereof, or any other vehicle which
is towing or transporting another vehicle.
[Added 10-20-1998 by Ord. No. 269-1998]
Every device in, upon or by which any person or property
is or may be transported on a street or highway other than devices
actually moved by human power or devices used exclusively upon stationary
rails or tracks.
[Added 10-20-1998 by Ord. No. 269-1998]
The Commissioner of Public Works shall install
and maintain traffic control devices when and as required under the
provisions of this chapter, to make effective the provisions of this
chapter, and may install and maintain such additional traffic control
devices as he may deem necessary to regulate, warn or guide traffic
under the Vehicle and Traffic Law of the State of New York, subject
to the provisions of §§ 1682 and 1684 of that law.
A.
Emergency vehicles. When in the performance of duty,
the following vehicles shall have the right-of-way: United States
Mail, police, fire, fire patrol, Bureau of Buildings, emergency repair
of public service corporations, ambulances, the military and vehicles
equipped with a gong or siren whistle operated by a Chief or Assistant
Chief or Commissioner or Deputy Commissioner of a Fire Department,
provided that such gong or siren is being sounded.
B.
Processions. A vehicle, except as provided in this
section, shall not be driven through a procession except by order
of a peace officer. If the procession shall take more than five minutes
to pass a given point, it shall be broken and traffic permitted to
go through.
C.
Intersections.
(1)
Every driver of a vehicle approaching an intersection
shall grant the right-of-way at such intersection to any vehicle approaching
from his right except where otherwise directed by a peace officer
or as otherwise provided by this chapter with respect to intersections
where traffic is controlled by traffic control signals.
(2)
Every driver of a vehicle turning to the left at intersections
shall yield the right-of-way to vehicles proceeding straight across
the intersection from the opposite direction.
D.
Center line. The vehicle having the center line of
the highway on its left shall have the right-of-way. In meeting, both
vehicles shall keep to the right and this without regard to the center
line of the highway. Slowly moving vehicles must be kept as near to
the curb as practicable.
E.
Fire apparatus.
(1)
A vehicle must not be so driven as to impede or obstruct
the progress of the apparatus of a Fire Department or any official
or employee of a city, town or village in the discharge of his duty
at a fire. The driver of a vehicle must not drive through or within
the established fire lines or over a line of fire hose.
(2)
On the approach of fire apparatus, as evidenced by
suitable and continuous warning or street signals or audible one to
another, indicating the route of apparatus, the driver of a vehicle
must immediately draw up such vehicle as near as practicable to the
righthand curb and parallel thereto and bring it to a standstill and
keep it stationary until the apparatus has passed.
(3)
It shall be unlawful for the operator of any vehicle
other than a municipally owned or emergency vehicle on official business
to follow closer than 500 feet any fire apparatus traveling in response
to a fire alarm or to drive into or stop any vehicle within the block
where fire apparatus has stopped in answer to a fire alarm.
It shall be unlawful for any person to do any
act forbidden or to fail to perform any act required by this chapter
or any regulation promulgated by an official having jurisdiction pursuant
to the provisions of this chapter.
A driver must at all times comply with any direction
given by a peace officer by hand, voice, whistle or mechanical device,
and a peace officer in order to expedite the movement of traffic or
to safeguard pedestrians or property may disregard any traffic light,
signal or ordinance so long as necessary for such purpose.
The driver of any vehicle shall obey the instructions
of any official traffic control device unless otherwise directed by
a peace officer, subject to the exceptions granted the driver of an
authorized emergency vehicle.
[Amended 7-21-2009 by Ord. No. 130-2009; 5-29-2012 by Ord. No.
77-2012]
A.
Whenever
a peace officer shall deem it advisable during a fire or at the time
of an accident or special emergency, and for such period of time only
as is necessitated thereby for the public safety or convenience, to
temporarily 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 the course of pedestrian traffic, such official
shall have power and authority so to do, and the driver of any vehicle
or any pedestrian affected thereby shall comply with such order or
regulation.
B.
The Police
Commissioner and/or his designee are authorized to temporarily enact
or suspend any parking or traffic restrictions. including without
limitation the closure of a public roadway, in the interests of public
safety or convenience, for a period not to exceed 30 days.
C.
Any organization
requesting a street closure shall apply for a permit from the City
Clerk's Office 30 days prior to the event.
It shall be unlawful for any person to place
or maintain or to display upon or in view of any highway any unofficial
sign, signal or device which purports to be or is an imitation of
or resembles an official sign or signal or which attempts to regulate
the movement of traffic or which hides from view any official sign
or signal. Any peace officer is hereby empowered to remove every such
prohibited sign, signal or device without notice.
The provisions of this chapter, except as otherwise
specifically stated, shall apply to and include the driver of any
vehicle owned or used in the service of the Government of the United
States, this state, county or City, except that the provisions of
this chapter shall not apply to an authorized emergency vehicle while
the driver thereof is operating the same in the necessary performance
of his or her duties, provided that the gong, siren or exhaust whistle
of any such vehicle is continuously sounded, but this shall not relieve
the driver or owner of any vehicle from the consequences of the arbitrary
or careless exercise of this right.
No person shall willfully deface, injure, move
or obstruct or interfere with any legal traffic sign or signal.
When a traffic control signal shall flash or
light red, a driver approaching or facing the same shall stop back
of the near side crosswalk of the intersection.
A.
The driver of a vehicle turning to the right from
the roadway shall approach and turn the corner as near the right-hand
curb as practicable.
B.
The driver of a vehicle turning to the left at an
intersection or into a driveway shall approach the point of turning
in the lane for traffic to the right of the center of the roadway,
and unless otherwise directed by a peace officer, sign or pavement
marking, the operator of a vehicle, before turning left at an intersection,
shall pass to the right of the center of the intersection, provided
that in a roadway laned for traffic, or where one-way traffic is prescribed,
a left turn shall be made from the left lane of traffic.
A.
The driver of a vehicle upon a street or highway,
upon meeting or overtaking from either direction a school bus marked
and equipped as provided in the Vehicle and Traffic Law of the State
of New York which has stopped on the highway for the purpose of receiving
or discharging school children, shall stop the vehicle before reaching
such school bus when there is in operation on said school bus a visual
signal as specified in the Vehicle and Traffic Law of the State of
New York, and said driver shall not proceed until such school bus
resumes motion or until signaled by the driver or a police officer
to proceed.
B.
The driver of such school bus, when discharging pupils
who must cross the highway, shall instruct such pupils to cross in
front of the bus, and the driver thereof shall keep such school bus
halted with red signal lights flashing until such pupils have reached
the opposite side of the highway.
A.
Turning. Before turning to the right or left and except
in an emergency, before decreasing speed or stopping, the driver of
a vehicle shall give warning either by holding his arm straight out
horizontally and at right angles to the vehicle or by operating an
adequate mechanical signaling device.
B.
Signals. The driver of a vehicle shall, before turning
while in motion or from a standstill or changing the course of such
vehicle or before starting from a standstill when parked, first see
that there is sufficient space to make such movement in safety and
shall give a visible or audible signal to the peace officer, if there
is such, or to drivers of other vehicles of his intention to make
such movement by signaling as provided in this section, and when a
peace officer is in charge of the traffic, indicate to him the direction
in which the vehicle is to be turned.
C.
Backing. Before backing any vehicle, the driver shall
see that the way is clear and shall give adequate warning and shall,
while backing, exercise due vigilance to prevent an accident.
D.
Passing. The driver of an overtaking vehicle shall
signal his desire to pass an overtaken vehicle by a blast or stroke
of the horn or other signaling device, and thereupon it shall be the
duty of the driver of the overtaken vehicle, if possible, to turn
to the right so as to allow the overtaking vehicle a reasonable space
in which to pass or to warn by signal the impossibility of such passage.
An omnibus shall stop only at designated stops
for the purpose of receiving or discharging passengers, except when
otherwise directed by a peace officer.
When stopping for the purpose of receiving or
discharging passengers, an omnibus shall be stopped as near the curbing
as possible, with the bus parallel to the curb.
An omnibus shall at all times when entering
a bus stop go as far as is practical to the far end of the bus stop.
Smoking or carrying any lighted cigar, cigarette
or pipe on or in any bus, omnibus or coach within the limits of the
City of New Rochelle is hereby prohibited.
A.
No person shall park any vehicle upon a sidewalk or
in the space between the sidewalk and the curb or, where there is
no sidewalk and no curb, from the edge of the paved area of the roadway
to the property line of the abutting property owner.
B.
Except as may be otherwise provided in this chapter,
no person shall lead, ride or drive a horse or permit or suffer any
vehicle to be driven or otherwise to pass or go over or upon the footpath
or sidewalk for any purpose whatever, except over a driveway.
[Amended 5-16-1989 by Ord. No. 125-1989]
No person shall park or stand any vehicle within
25 feet of a full-stop sign.
Any vehicle when left standing parallel to the
curb shall be placed as near to the curb as practicable, with both
front and rear wheels not more than 12 inches from the curb.
Except in an emergency or at the direction of
a peace officer or traffic control signal, no vehicle shall be stopped
or left standing:
A.
Within an intersection.
B.
Between a safety zone and the adjacent curb.
C.
Within 15 feet of any fire hydrant unless the vehicle
is actually in charge of and attended by a person capable of operating
it.
D.
In such a position as to prevent another vehicle already
stopped near the curb from moving away.
E.
Within 25 feet of any crossing or intersection.
F.
Within 30 feet of a point on the curb opposite the
ends of a safety zone.
G.
In front of a private driveway.
H.
On a crosswalk.
[Added 5-16-1989 by Ord. No. 126-1989]
No person in charge or control of any vehicle
shall obstruct or delay the lawful movement of traffic or the lawful
movement of any other vehicle and/or obstruct any portion of a roadway
reserved or designated as a traffic lane.
A.
Control signals. Whenever pedestrian control signals
exhibiting the words WALK, WAIT or DON'T WALK successively are in
operation, such signals shall indicate as follows:
(1)
WALK: Pedestrians facing such signal may proceed across
the roadway in the direction of the signal in any marked or unmarked
crosswalk. Vehicular traffic shall yield the right-of-way to such
pedestrians.
(2)
Flashing WAIT or DON'T WALK: Pedestrians facing such
signals are warned that there is insufficient time to cross the roadway.
Pedestrians already in the roadway shall proceed to the nearest safety
island or sidewalk. Vehicular traffic shall yield the right-of-way
to such pedestrians.
(3)
Steady WAIT or DON'T WALK: Pedestrians facing such
signal are warned not to enter this roadway when the steady WAIT or
DON'T WALK signal is shown.
B.
Police directions. Pedestrians shall be subject to
the lawful orders and directions of any police officer.
C.
Crosswalks.
(1)
When traffic control signals or pedestrian control
signals are not in place or not in operation, the driver of a vehicle
shall yield the right-of-way to a pedestrian crossing a two-way roadway
within a marked or unmarked crosswalk when the pedestrian is upon
the half of the roadway upon which the vehicle is traveling or when
the pedestrian is approaching so closely from the opposite half of
the roadway as to be in danger.
(2)
When traffic control signals or pedestrian control
signals are not in place or not in operation, the driver of a vehicle
shall yield the right-of-way to a pedestrian crossing a one-way roadway
within a marked or unmarked crosswalk when the pedestrian is in the
path of the vehicle or is approaching so closely thereto as to be
in danger.
(4)
Whenever any vehicle is stopped at a marked or unmarked
crosswalk to permit a pedestrian to cross the roadway, the driver
of any other vehicle approaching from the rear in the same or adjacent
lanes shall not overtake and pass such stopped vehicle.
D.
Crossings.
(1)
Every pedestrian crossing a roadway other than within
a marked or unmarked crosswalk shall yield the right-of-way to all
vehicles upon the roadway.
(2)
No pedestrian shall enter or cross a roadway at any
point where signs, fences, barriers or other devices are erected to
prohibit or restrict such crossing or entry.
(3)
No pedestrian shall cross any roadway at an intersection
except within a marked or unmarked crosswalk.
E.
Driver caution. Notwithstanding any other provisions
of this chapter, the driver of a vehicle shall exercise due care to
avoid colliding with any pedestrian.
F.
Walking in roadway. Pedestrians walking or remaining
on the paved portion or traveled part of a roadway shall be subject
to and comply with the rules governing vehicles with respect to meeting
and turning out, except that such pedestrians shall keep to the left
of the center line thereof and turn to their left instead of right
side thereof, so as to permit all vehicles passing them in either
direction to pass on their right. Such pedestrians shall not be subject
to the rules governing vehicles as to giving signals.
G.
Soliciting rides. It shall be unlawful for any person
to stand in a roadway for the purpose of stopping a private vehicle
to solicit rides from or to solicit from or sell to occupants of such
vehicle. The provision of this subsection as to solicitation of rides
shall not apply to any member of the military or naval forces of the
United States when in uniform.
H.
Blind persons.
(1)
It is unlawful for any person unless totally or partially
blind or otherwise incapacitated, while on any public street or highway,
to carry in a raised or extended position a cane or walking stick
which is white in color or white tipped with red.
(2)
Whenever a pedestrian in crossing or attempting to
cross a public street or highway, guided by a guide dog or carrying
in a raised or extended position a cane or walking stick which is
white in color or white tipped with red, the driver of any vehicle
approaching the intersection or place where such pedestrian is attempting
to cross shall bring his vehicle to a full stop before arriving at
such intersection or place of crossing and before proceeding shall
take such precautions as may be necessary to avoid injuring such pedestrian.
(3)
Nothing contained in this subsection shall be construed
to deprive any totally or partially blind or otherwise incapacitated
person not carrying such a cane or walking stick or not being guided
by a dog of the rights and privileges conferred by law upon pedestrians
crossing streets and highways, nor shall the failure of such totally
or partially blind or otherwise incapacitated person to carry a cane
or walking stick or to be guided by a guide dog upon the streets,
highways or sidewalks of this City be held to constitute nor be evidence
of contributory negligence.
A.
For the purpose of maintaining an accurate record of all regulations adopted under the provisions of this chapter, there is hereby established a system of schedules, appearing as Article X of this chapter, in which shall be entered all regulations after adoption. Such schedules shall be deemed a part of the section to which they refer. All regulations shall be adopted with reference to the appropriate schedule as indicated in the various sections of this chapter.
B.
The Police Commissioner is hereby authorized and empowered
to adopt rules and regulations pertaining to the regulation of traffic
upon all streets and public places in the City of New Rochelle. Such
rules and regulations, except for those of an emergency nature, shall
take effect seven days after the City Council has been advised thereof
by the City Manager in writing, provided that there is no objection
thereto by any member of the City Council. If there should be objection,
then the rules and regulations to which there may be objection shall
be discussed by the City Council at its next regular meeting. Subsequent
thereto, the City Council may approve the rules or regulations by
majority vote. The Police Commissioner shall not, however, have the
power to make or establish one-way streets.
