[Amended 9-19-1983; 5-20-1996 by Ord. No. 9.51.96]
Pursuant to the authority granted in Article 35 of the Vehicle and Traffic Law of the State of New York, the City of Albany does hereby authorize and delegate to the Chief of the Department of Police or his/her designee the authority to regulate traffic within the City of Albany. All references herein to the Chief of the Department of Police shall be deemed to include the Chief's designee, if any.
Any ordinance heretofore enacted inconsistent or contrary to the provisions herein is hereby repealed and superseded.
The definitions of terms as set forth in Title 1, §§ 100 through 159, of the Vehicle and Traffic Law of the State of New York, dated September 1977, are hereby made applicable to this article.
[Amended 5-20-1996 by Ord. No. 9.51.96]
Pursuant to the authority granted in Article 35, § 1640, Subdivision (a), and §§ 1640-a, 1641 and 1644, of the Vehicle and Traffic Law, under an ordinance approved by the Common Council of the City of Albany dated May 5, 1975, the Chief of the Department of Police has the authority to enact any and all traffic regulations as the referenced sections permit.
[Amended 8-7-1995 by L.L. No. 6-1995]
A. 
The City of Albany speed limit shall be 25 miles per hour except it shall be 30 miles per hour on Old State Road, Washington Avenue from the intersection of Exit 2 of Interstate 90 to Jermain Street, Central Avenue from the intersection of the City line to Everett Road, Everett Road, South Pearl Street from the intersection of the City line to Binghamton Street, the Port of Albany, South Port Road, Normanskill Street, Smith Boulevard, Church Street from the intersection of Broadway south, Durmam Drive, Raft Street, and Boat Street, or as otherwise posted.
[Amended 6-5-2017 by Ord. No. 28.42.17; 7-1-2024 by L.L. No. 7-2024 (M-2022)[1]]
[1]
Editor's Note: This local law was amended 7-15-2024 by L.L. No. 8-2024 (H-2024) to provide an effective date of 1-1-2025.
B. 
Speed limit signs shall be posted on all major highways entering the City and also on all streets where the rate of speed changes.
C. 
Whenever maximum school speed limits have been established on a highway adjacent to a school as authorized in Title VIII of the Vehicle and Traffic Law of the State of New York, no person shall drive in excess of such maximum school speed limits during school days between the hours of 7:00 a.m. and 6:00 p.m.
D. 
No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.
E. 
Except as provided in Subsection A of this section and except when a special hazard exists that requires lower speed for compliance with Subsection D of this section or when maximum speed limits have been established as hereinbefore authorized, no person shall drive a vehicle at a speed in excess of 55 miles per hour.
F. 
The driver of every vehicle shall, consistent with the requirements of Subsection D of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway and when any special hazard exists with respect to pedestrians or other traffic by reason of weather or highway conditions, including but not limited to a highway construction or maintenance work area.
G. 
Radar detectors.
(1) 
No person who uses a radar detector in a vehicle with a gross vehicle weight rating of more than 18,000 pounds shall drive at a speed in excess of 55 miles per hour or, if a maximum speed limit other than 55 miles per hour as hereinbefore authorized has been established, at a speed in excess of such speed limit. The presence in any such vehicle of either a radar detector connected to a power source and in an operable condition or a concealed radar detector where a part of such detector is securely affixed to some part of the vehicle outside of the cab in a manner which renders the detector not readily observable is presumptive evidence of its use by any person operating such vehicle. Either such presumption shall be rebutted by any credible and reliable evidence which tends to show that such radar detector was not in use.
(2) 
The provisions of this section shall not be constructed as authorizing the seizure or forfeiture of a radar detector, unless otherwise provided by law.
H. 
Every person convicted of a violation of Subsections A, C or E of this section shall be punished as follows:
(1) 
Where the court records or enters that the speed upon which the conviction was based exceeded the applicable speed limit by not more than 10 miles per hour, by a fine of not less than $75 nor more than $300.
(2) 
Where the court records or enters that the speed upon which the conviction was based exceeded the applicable speed limit by more than 10 miles per hour but not more than 30 miles per hour, by a fine of not less than $100 nor more than $500 or by imprisonment for not more than 15 days or by both such fine and imprisonment.
(3) 
Where the court records or enters that the speed upon which the conviction was based exceeded the applicable speed limit by more than 30 miles per hour, by a fine of not less than $200 nor more than $800, or by imprisonment for not more than 30 days, or by both such fine and imprisonment.
I. 
Every person convicted of a violation of Subsection D or F of this section shall be punished by a fine of not less than $75 nor more than $300, or by imprisonment for not more than 15 days, or by both such fine and imprisonment.
J. 
Every person convicted of a violation of Subsection G of this section shall be punished as follows:
(1) 
Where the court records or enters that the speed upon which the conviction was based exceeded the applicable speed limit by not more than 10 miles per hour, by a fine of not less than $100 nor more than $300.
(2) 
Where the court records or enters that the speed upon which the conviction was based exceeded the applicable speed limit by more than 10 miles per hour but not more than 30 miles per hour, by a fine of not less than $200 nor more than $400 or by imprisonment for not more than 30 days, or by both such fine and imprisonment; provided, however, that where the vehicle is either in violation of any rules or regulations involving an out-of-service defect relating to brake systems, steering components and/or coupling devices, or transporting flammable gas, radioactive materials or explosives, the fine shall be $500 or imprisonment for not more than 30 days, or both such fine and imprisonment.
(3) 
Where the court records or enters that the speed upon which the conviction was based exceeded the applicable speed limit by more than 30 miles per hour, by a fine of not less than $400 nor more than $800 or by imprisonment for not more than 30 days or by both such fine and imprisonment; provided, however, that where the vehicle is either in violation of any rules or regulations involving an out-of-service defect relating to brake systems, steering components and/or coupling devices, or transporting flammable gas, radioactive materials or explosives, the fine shall be $800 or imprisonment for not more than 30 days, or both such fine and imprisonment.
K. 
Notwithstanding the foregoing provisions of this section, the maximum fine provided herein for the violation for which the person is sentenced may be increased by an additional $100 if the conviction is for a second violation of any subsection of this section where both violations were committed within an eighteen-month period, and the maximum fine provided herein for the violation for which the person is sentenced may be increased by an additional $250 if the conviction is for a third or subsequent violation of any subsection of this section where all such violations were committed within an eighteen-month period. Where an additional fine is provided by this subsection, a sentence of imprisonment for not more than 30 days may be imposed in place of or in addition to any fine imposed.
Pursuant to Title 1, §§ 129, 145 and 147,[1] the terms "park" or "parking," "stand" or "stopping," as used in this article, shall mean:
PARK or PARKING
The standing of a vehicle, whether occupied or not, other than temporarily, for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers.
STAND or STANDING
The stopping of a vehicle, whether occupied or not, other than temporarily for the purpose of, and while actually engaged in, receiving or discharging passengers.
STOP or STOPPING
When prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control or signal.
[1]
Editor's Note: Reference is to the Vehicle and Traffic Law.
In all cases, unless angle parking is authorized by official signs or markings vehicles shall be parked with the right-hand wheels parallel to and not more than 12 inches from the right-hand curb or edge of the roadway, except on a one-way roadway where a parked vehicle must be parked parallel to the curb or edge of the roadway, in the direction of authorized movement, with its right-hand wheels within 12 inches of the right-hand curb or edge of the roadway, or its left-hand wheels within 12 inches of the left-hand curb or edge of the roadway. In all angle parking areas, vehicles shall head toward the curbline.
[Amended 5-20-1996 by Ord. No. 9.51.96; 5-18-2009 by Ord. No. 25.31.09]
A. 
Parking limits in the City of Albany will be designated by the Chief of the Department of Police and displayed through the use of official signs, except in designated areas within the City where parking meters are installed in accordance with Article XIII of this chapter.
B. 
In instances where alternate side of the street parking limits are instituted on streets with one-sided on-street parking only, the Chief of the Department of Police shall designate a one-hour changeover window to allow vehicles to move from one side of a street to another so as to be in compliance with applicable alternate side of the street parking regulations. Such changeover period shall be divided so as to provide 30 minutes prior to the applicable posted no-parking period and 30 minutes after the applicable posted no-parking period. During such window period, vehicles shall not be considered to be parked in violation of the provisions of this chapter.
[Amended 7-15-2002 by Ord. No. 23.53.02; 8-5-2002 by Ord. No. 29.79.02; 5-1-2006 by Ord. No. 45.32.06; 1-4-2007 by Ord. No. 57.62.06; 12-21-2009 by Ord. No. 55.82.09; 8-5-2013 by Ord. No. 45.32.10; 6-23-2022 by Ord. No. 7.41.22; 2-23-2023 by Ord. No. 1.11.23; 7-6-2023 by Ord. No. 22.61.23; 5-6-2024 by Ord. No. 9.41.24; 10-9-2025 by Ord. No. 21.71.24]
Except as otherwise designated by official signs, signals or markings, the following restrictions will apply in the City of Albany. Except when necessary to avoid conflict with other traffic or when in compliance with law or the directions of a police officer or official traffic control device, no person shall:
A. 
Stop, stand or park a vehicle:
(1) 
On the roadway side of any vehicle stopped, standing or parked at the edge or curb of a street.
(2) 
On a sidewalk.
(3) 
Within an intersection, except when permitted by official signs or parking meters on the side of a highway opposite a street which intersects but does not cross such highway. ("Intersection" is defined as the area embraced within the prolongation or connection of the lateral curblines or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate "intersection.") In the event that such intersecting highway also included two highways 30 feet or more apart, then every crossing or two roadways of such highways shall be regarded as a separate intersection.
(4) 
On a crosswalk.
(5) 
Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different distance is indicated by official signs, markings or where parking meters are installed.
(6) 
Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic.
(7) 
Upon any bridge or other elevated structure upon a highway or within a highway tunnel, unless otherwise indicated by official signs, markings or where parking meters are installed.
(8) 
On any railroad tracks.
(9) 
In the area between roadways of a divided highway, including crossovers, except in an emergency.
(10) 
On a state expressway, highway or state interstate route highway, including the entrances thereto and exits therefrom, which are a part thereof, except in an emergency.
(11) 
In a space designated as provided in this subsection for the exclusive purpose of charging an electric vehicle at an electric vehicle charging station, unless such vehicle is an electric vehicle connected to such charging station; provided, however, that an electric vehicle disconnected from the electric vehicle charging station for no more than 45 continuous minutes while stopped, standing, or parked in such designated space shall not be in violation of this subsection. Parking spaces designated for the exclusive purpose of charging an electric vehicle at an electric vehicle charging station shall be clearly identified, and such designation shall include conspicuous and permanently installed signs or markings which identify such space as an electric vehicle charging station, indicate that such space is only for electric vehicle charging, and include any day or time restrictions. For the purposes of this subsection, the term "electric vehicle" shall mean a motor vehicle that is propelled at least in part by an electric motor and associated power electronics which provide acceleration torque to the drive wheels sometime during normal vehicle operations, and that draws electricity from a battery or hydrogen fuel cell that is capable of being recharged from an external source of electricity, such that the external source of electricity cannot be connected to the vehicle while the vehicle is in motion. For purposes of this subsection, the term "electric vehicle charging station" shall mean the equipment needed to convey electric power from the electric grid or another power source to an onboard motor vehicle energy storage system. For purposes of this subsection, "disconnected" shall mean not in the process of actively charging the electric vehicle.
B. 
Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
(1) 
In front of a public or private driveway.
(2) 
Within 20 feet of a crosswalk at an intersection unless a different distance is indicated by official signs, markings or where parking meters are installed.
(3) 
Within 30 feet of the approach to any flashing signal, stop or yield sign or traffic-control signal located at the side of the roadway, unless a different distance is indicated by official signs, markings or where parking meters are installed.
(4) 
Within 20 feet of a driveway entrance to any fire station and when on the side of the street opposite to the entrance of any fire station within 75 feet of said entrance, when properly sign-posted, unless a different distance is indicated by official signs, markings or where parking meters are installed.
C. 
Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers, within 50 feet of the nearest rail of a railroad crossing, unless a different distance is indicated by official signs, markings or where parking meters are installed.
D. 
Stop, stand or park a vehicle within 15 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, unless a different distance is indicated by official signs, markings or where parking meters are installed.
E. 
Move a vehicle not lawfully under his control into any prohibited area or away from a curb such distance as is unlawful.
F. 
Drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
G. 
Park a tow truck, as defined in § 353-50 of Chapter 353 on any street:
(1) 
With a vehicle in tow;
(2) 
Without a vehicle in tow between the hours of 6:00 p.m. and 6:00 a.m.;
(3) 
Without a vehicle in tow for more than one hour between the hours of 6:00 a.m. and 6:00 p.m.
H. 
Park a trailer, including boat trailers, utility trailers and truck trailers, without being attached to a vehicle, on any City street.
I. 
Conduct vehicle repairs on vehicles parked on any City street, except for tire changes, battery replacement or changing, and replacing of fluids.
J. 
Cause or permit the engine of a motor vehicle, other than a legally authorized emergency motor vehicle, a television transmission vehicle, or a vehicle whose operation even while standing requires a running engine, to idle for more than five minutes while parking, standing or stopping, except that a bus, as defined in § 104 of the Vehicle and Traffic Law, may idle while passengers are on board or while boarding or discharging passengers.
K. 
Stand or park a tractor, as that term is defined in § 151-a of the Vehicle and Traffic Law, or any commercial vehicle weighing in excess of 10,000 pounds on any City street for a period of more than three consecutive hours, except for the purposes of actively loading or unloading such vehicle(s), or unless given express permission by the Albany Police Department.
L. 
Stand or park a tractor, as that term is defined in § 151-a of the Vehicle and Traffic Law, or any commercial vehicle weighing in excess of 10,000 pounds in any school zone within City limits.
No vehicle shall be driven on or across the shoulder or slope of a highway, except:
A. 
Authorized emergency vehicles when engaged in an emergency operation.
B. 
Construction, maintenance and utility vehicles when engaged in work upon the highway, or when such vehicles are engaged; and when it is reasonable and necessary to be driven on or across the shoulder or slope of the adjacent highway.
C. 
Farm vehicles registered under Subdivision 13 of § 401 of the Vehicle and Traffic Law, self-propelled combines, self-propelled corn and hay harvesting machines and tractors used exclusively for agricultural purposes.
D. 
Vehicles engaged in plowing snow or performing any other public service, for hire or otherwise, which could not otherwise be reasonably and properly performed.
E. 
When necessitated by an emergency situation.
F. 
When necessary to lawfully park, stand or stop.
G. 
When necessary to gain access to a highway or private way, lands or buildings adjacent to the highway.
H. 
The driver of a vehicle, other than an authorized emergency vehicle, using or crossing a shoulder or slope shall exercise due care and yield the right-of-way to bicycles, pedestrians and other traffic lawfully using the shoulder or slope.
This article, with the exception of parking restrictions, shall not apply to the following vehicles when in the performance of duty: United States mail, police, fire, emergency repair of public service corporations, ambulances and the military.
Any vehicle parked in violation of the ordinances of the City of Albany or of the Laws of the State of New York is hereby declared to be a nuisance, and the same may be summarily abated by removing such vehicle at the discretion of a police officer, and the same shall be impounded by the Department of Police.
[Amended 4-5-2021 by L.L. No. 7-2021]
Whenever any vehicle which has been impounded by the Department of Police remains in the possession of the Department unclaimed by any person having the right to the possession of such vehicle for a period of 60 days, such vehicle may be: a) sold under the direction of the Purchasing Agent, at public auction, to the highest bidder, after notice of such auction has been given for not less than one week, by one publication in the official newspaper of the City of Albany; b) sold for scrap; or c) destroyed.
Such notice of publication shall describe the vehicle with reasonable certainty, by manufacturer's trade name or make, registration or license number and the name of the person to whom, if known, the vehicle belongs, or, if the name of the owner is unknown, that fact shall be stated.
[Amended 8-7-1995 by L.L. No. 6-1995; 4-5-2021 by L.L. No. 7-2021]
The owner of such vehicles or his agent may, within 60 days from the date of impounding, redeem the vehicle by paying to the Chief of Police the sum of $70 for towing or hauling and storage charges not exceeding $20 per day for each day impounded. Such owner or agent shall also sign a written receipt for such vehicle. Said sums shall be in addition to any bond required for the violation for which the vehicle was towed, in addition to any redemption fee established in this Code, and in addition to any outstanding fines due for parking, stopping or standing violations.