N.Y. Highway Law § 102: General powers and duties of county superintendents

§ 102. General powers and duties of county superintendents. The county

superintendent appointed as provided in this article shall:

1. Have supervision of all roads and bridges comprising the county

highway system, together with any other roads, bridges, including

bridges over canals and railroad bridges and state and interstate

highways for which responsibility is imposed upon the county under any

lawful agreement made by the county or under any other provision of law.

2. Visit and inspect the county roads and county bridges of his county

so often as shall be necessary. Visit and inspect any specified city,

town or village highway or bridge of his county when requested in

writing by the town superintendent, city or village mayor and advise and

direct the town superintendent or the appropriate city or village

official how best to repair, maintain and improve such highway or

bridge.

3. Shall prepare and submit annually, in the manner prescribed by and

on or before the date fixed by or pursuant to law, a statement of the

amount necessary to be raised by the board of supervisors for the

construction, improvement and maintenance of such county roads for the

ensuing year, showing the amount by towns and as a total and the

location where any permanent repairs are required to be made.

4. Examine the various formations and deposits of gravel and stone in

his county, for the purpose of ascertaining the materials which are best

available and suitable for the improvement of highways therein.

5. Establish, or cause to be established, such grades, and recommend

such means of drainage, repairs and improvements, as seem to him

necessary whenever requested by the town superintendent or town board.

6. Approve plans and specifications and estimates for the erection and

repair of bridges and the construction and maintenance of town highways.

7. Report to the department of transportation annually, on or before

October first in each year, in relation to the highways and bridges in

his county, containing such matter and in such form as may be prescribed

by the department of transportation, and file a duplicate thereof with

the clerk of the board of supervisors. Additional reports shall be made

from time to time when required by the department of transportation in

respect to such matters as may be specified by it.

9. During the construction or improvement of any highway or road, if

such highway or road be closed to the traveling public and another

existing highway is caused to be used in lieu of the closed highway or

road as provided in section one hundred and four of this chapter,

provide, erect and maintain a sufficient number of detour signs so that

the temporary route or detour shall be clearly indicated throughout its

entire length, and upon the discontinuance of said temporary route or

detour, cause said signs to be removed, and the cost of all thereof

shall be paid out of any moneys available for the construction or

improvement or maintenance of such highways or roads, respectively.

10. Accurately ascertain and locate the corners of the established

boundaries of counties, towns, cities and villages and, where townships

were originally subdivided into lots to accurately ascertain and

establish such lot corners if any such corners will be located within

the bounds of the improved part of any state or county highway or county

road.

If the county superintendent shall not be a civil engineer he may hire

a competent civil engineer to locate such corners. In either case he may

employ such other assistants as may be necessary, the cost and expense

thereof to be a county charge.

Nothing in this subdivision contained, however, shall be construed to

extend to the location of the corner or other boundaries of city, or

village lots, or farm lands, except as they may be, incidentally, the

corners of the boundaries of counties, towns, cities, villages or

original subdivisions of towns, except, also, that where the corners or

boundaries of city or village lots, or farm lands, have been located and

a monument placed before the improvement of such highway, the owner of

such city or village lots or farm lands may point out to such engineer

the location of such monument, and upon such owner furnishing a suitable

monument, it shall be the duty of such engineer to erect such monument

in the manner heretofore provided.

11. Cause noxious weeds, briers and brush growing within the bounds of

county roads and town highways improved by county aid to be cut and

removed between July fifteenth and August fifteenth, and as many other

times as he may deem necessary, in each year, and perform such other

duties as may be prescribed by law, or the rules and regulations of the

department.

13. File with the clerk of the board of supervisors not later than the

thirty-first day of December of each year an itemized inventory of all

machinery and equipment under his jurisdiction, showing the condition

and estimated present value of each article, except small tools of an

original value not exceeding five dollars. He shall also include with

said inventory a statement as to the condition of any tool house, shop

or garage under his jurisdiction and an estimated amount for necessary

repairs or improvements.

14. Have the full control of all shade trees within the county roads

on the county road system, but not within the limits of an incorporated

village, and shall prosecute complaints for malicious injury to, or

unlawful acts concerning, such public shade trees.

15. Provide for the construction of sidewalks adjacent to county roads

when he is of the opinion the same are necessary. He shall have full

authority to determine the type, width, location with respect to the

highway, and the general construction details of such sidewalks. No such

sidewalk shall be constructed in that portion of a town outside a

village unless the town board consents thereto. No such sidewalk shall

be constructed within any city or village unless the governing body of

such city or village consents thereto. The expense of such construction

shall be a proper charge against funds available for the construction,

reconstruction or maintenance of county roads.

16. Notwithstanding any inconsistent provision of law, general,

special or local, the county superintendent of highways of any county

may, with the approval of the board of supervisors, or county

legislature, permit the use of county highway machinery, tools,

equipment and implements, by the superintendent of public works of any

city in such county, upon such terms and conditions as may be agreed

upon by the county and city involved. All sums obtained pursuant to any

terms agreed upon shall be deposited in the county road machinery fund.

17. Have authority to erect signs on county roads and town highways

warning the public of the penalty for placing injurious substances on

such roads or highways under the provisions of the vehicle and traffic

law.

18. Removal of vehicles. a. The county superintendent shall have the

power to cause the removal of any vehicle left unattended for more than

twenty-four hours within the right of way of any county road or on any

other public property under his jurisdiction.

b. The county superintendent shall have the power to cause the

immediate removal, from the right of way of any county road, of any

vehicle which obstructs or interferes with the use of such road for

public travel; or which obstructs or interferes with the construction,

reconstruction or maintenance of such road; or which obstructs or

interferes with the clearing or removal of snow or ice from such road;

or which obstructs or interferes with any operation of the county

department of highways during a public emergency.

c. The owner of a vehicle removed under any of the provisions of this

subdivision may be charged the reasonable cost of removal thereof.

d. The term "vehicle" as used in this subdivision, shall mean every

device in, upon, or by which any person or property is or may be

transported or drawn upon a road, except devices moved by human power or

used exclusively upon stationary rails or tracks.