N.Y. Railroad Law § 52-a: Fences along road operated by electric third rail

§ 52-a. Fences along road operated by electric third rail.

Notwithstanding the provisions of section fifty-two or of any other law,

general or special, within a city containing a population of over one

million inhabitants according to the last preceding federal census or

state enumeration, every railroad corporation operating a railroad

deriving its motive power in whole or in part from an electrified third

rail shall erect and thereafter maintain a fence or fences along the

boundary line of its right of way contiguous and adjacent to a public

highway running generally parallel to or terminating at such boundary

line whenever the commissioner of transportation after a hearing on

notice to such railroad corporation shall determine it to be necessary

for the public welfare and shall by order so direct. The order of the

commissioner of transportation may prescribe the height, length,

materials and design of such fence or fences.