N.Y. Vehicle & Traffic Law § 1681: State traffic-control devices

§ 1681. State traffic-control devices. (a) The department of

transportation shall order the installation, operation, maintenance and

removal of such traffic-control devices, conforming to its manual and

specifications, upon all state highways maintained by the state or on

any highway intersecting a state highway maintained by the state on the

approach to such intersection as it may deem necessary to indicate and

to carry out the provisions of this chapter or to regulate, warn, or

guide traffic, and elsewhere as specifically authorized by this chapter.

(b) The department of transportation may order the erection and

maintenance of suitable directional signs upon the streets of cities and

villages and upon county roads and town highways outside of cities and

villages within the state, to facilitate through traffic, provided

consent therefor is first obtained from the local authorities of the

city, village or town or the county superintendent of highways.

(c) Except as otherwise provided the cost of providing, erecting,

maintaining and removing traffic-control devices ordered by the

department of transportation shall be paid from any moneys available for

the maintenance, repair or reconstruction of state highways upon

vouchers approved by the department of transportation. However, the work

of providing, erecting and removing such traffic-control devices may be

performed by contract in the same manner as provided for state highways

in article three of the highway law, or, by the use of department of

transportation forces and equipment and all materials purchased

therefor, or by a combination of such methods, and the cost of such work

may be paid from such moneys available for the construction of state

highways. Except as herein provided, nothing shall be paid from such

moneys for providing, erecting or maintaining traffic-control signals or

flashing signals used in connection with regulating traffic upon a

highway under the jurisdiction of the department of transportation at

entrances to private property, and nothing shall be paid from such

moneys for maintaining traffic-control signals or flashing signals used

in connection with regulating traffic upon a highway under the

jurisdiction of the department of transportation at entrances to

schools. Upon determination by the department of transportation of the

need for such a signal, the department of transportation may permit any

person, firm, association, corporation or public body to provide and

erect such signal in accordance with standards and specifications

established by the department of transportation. The department of

transportation may require that some or all of the control equipment

used in the signal construction be supplied by the state to ensure

equipment quality and compatibility with state practices and the cost of

such furnished equipment shall be reimbursed to the state by the party

receiving permission to provide and erect the signal.

All signals erected on or after the first day of April, nineteen

hundred eighty-six with permission of the department of transportation

and in accordance with the standards and specifications established by

the department of transportation shall be maintained by the state. The

party which erected such signals shall pay the state an annual fee to be

determined by the commissioner of transportation. Such fees shall cover

the cost of normal signal maintenance, but shall not include the cost of

electrical energy or major modifications or replacements which shall

remain the responsibility of the party which erected the signal. The

department of transportation may, in its discretion, agree to assume the

same maintenance responsibility for signals erected with the permission

of the department of transportation prior to the first day of April,

nineteen hundred eighty-six, if the department of transportation

determines that such signal substantially meets established standards

and is in a satisfactory state of repair. The party which erected such

signals shall also pay the state an annual fee which shall be calculated

in the same manner as fees for signals erected on or after the first day

of April, nineteen hundred eighty-six.

No such traffic signal or flashing signal erected with permission of

the department of transportation shall be removed except with the

written consent of the department of transportation.

The department of transportation shall have the right to revoke its

permission to provide, erect or maintain such a signal and shall have

the right to require that the signal be removed without a hearing or

necessity of showing cause.

(d) Signs posting speed limits established on county roads and town

highways as provided for in subdivision one of section sixteen hundred

twenty-two, and traffic-control devices posting traffic regulations on

the grounds of state departments and certain state institutions as

provided for in sections sixteen hundred twenty-three and sixteen

hundred twenty-seven shall be provided, installed and maintained at

their own expense by the county, town, state or state institution

respectively. Signs posting speed limits established as provided for in

subdivision two of section sixteen hundred twenty-two shall be provided,

installed and maintained at its own expense by the town.

(e) Except as otherwise provided for in section sixteen hundred

eighty-two no state agency, local authority or person shall place or

maintain any traffic-control device upon any state highway maintained by

the state except by permission of the department of transportation.