Section 19-176
§ 19-176 Bicycle operation on sidewalks prohibited. a. For purposes of
this section:
(1) The term "bicycle" shall mean a two or three wheeled device upon
which a person or persons may ride, propelled by human power through a
belt, a chain or gears, with such wheels in a tandem or tricycle, except
that it shall not include such a device having solid tires and intended
for use only on a sidewalk by a child.
(2) The term "sidewalk" shall mean that portion of the street, whether
paved or unpaved, between the curb lines or the lateral lines of a
roadway and the adjacent property lines, intended for the use of
pedestrians. Where it is not clear which section is intended for the use
of pedestrians the sidewalk will be deemed to be that portion of the
street between the building line and the curb.
(3) The term "child" shall mean a person less than fourteen years of
age.
b. No person shall ride a bicycle upon any sidewalk unless permitted
by an official sign. A person who violates this subdivision may be
issued a notice of violation and shall be liable for a civil penalty of
not more than one hundred dollars which may be recovered in a proceeding
before the environmental control board.
c. A person who violates subdivision b of this section in a manner
that endangers any other person or property shall be guilty of a
misdemeanor, punishable by a fine of not more than one hundred dollars
or imprisonment for not more than twenty days or both such fine and
imprisonment. Such person shall also be liable for a civil penalty of
not less than one hundred dollars nor more than three hundred dollars,
except where a hearing officer has determined that where there was
physical contact between the rider and another person, an additional
civil penalty of not less than one hundred dollars nor more than two
hundred dollars may be imposed. Such civil penalties may be recovered in
a proceeding before the environmental control board. Enforcement agents
shall indicate on the summons or notice of violation issued pursuant to
this subdivision whether physical contact was made between the rider and
another person. Any person who violates any provision of this
subdivision more than once within any six month period shall be subject
to the imposition of civil penalties in an amount that is double what
would otherwise have been imposed for the commission of a first
violation. It shall be an affirmative defense that physical contact
between a rider and another person was in no way the fault of the rider.
d. Where a summons or notice of violation is issued for a violation of
subdivision c of this section, the bicycle may be seized and impounded.
e. A bicycle impounded pursuant to this section shall be released to
the owner or other person lawfully entitled to possession upon payment
of the costs of removal and storage as set forth in the rules of the
police department and proof of payment of any fine or civil penalty for
the violation or, if a proceeding for the violation is pending in a
court or before the environmental control board, upon the posting of a
bond or other form of security acceptable to the police department in an
amount which will assure the payment of such costs and any fine or civil
penalty which may be imposed for the violation. If the court or the
environmental control board finds in favor of the defendant or
respondent, the owner shall be entitled forthwith to possession of the
bicycle without charge or to the extent that any amount has been
previously paid for release of the bicycle, such amount shall be
refunded. The police department shall establish by rule the time within
which bicycles which are not redeemed may be deemed abandoned and the
procedures for disposal.
f. The owner of a bicycle shall be given the opportunity for a post
seizure hearing within five business days before the environmental
control board regarding the impoundment. The environmental control board
shall render a determination within three business days after the
conclusion of the hearing. Where the board finds that there was no basis
for the impoundment, the owner shall be entitled forthwith to possession
of the bicycle without charge or to the extent that any amount has been
previously paid for release of the bicycle, such amount shall be
refunded.
g. Upon the impoundment of a bicycle, the rider shall be given written
notice of the procedure for redemption of the bicycle and the procedure
for requesting a post seizure hearing. Where the rider of a bicycle is
not the owner thereof notice provided to the rider shall be deemed to be
notice to the owner. Where the defendant or respondent is less than
eighteen years old such notice shall also be mailed to the parent,
guardian or where relevant, employer of the respondent, if the name and
address of such person is reasonably ascertainable.
h. In any proceeding under this section it shall be an affirmative
defense that the defendant or respondent was less than fourteen years
old at the time the violation was committed.
i. The provisions of this section may be enforced by the police
department or designated employees of the department, the department of
sanitation, the department of parks and recreation.
Section 19-176.1
§ 19-176.1 Reckless operation of roller skates, in-line skates and
skateboards prohibited. a. For purposes of this section:
(1) The term "in-line skate" shall mean a manufactured or assembled
device consisting of an upper portion that is intended to be secured to
a human foot, with a frame or chassis attached along the length of the
bottom of such upper portion, with such frame or chassis holding two or
more wheels that are longitudinally aligned and used to skate or glide,
by means of human foot and leg power while having such device attached
to each such foot or leg.
(2) The term "reckless operation" shall mean operating roller skates,
in-line skates or a skateboard on a public street, highway or sidewalk
in such a manner as to endanger the safety or property of another.
(3) The term "roller skate" shall mean a manufactured or assembled
device consisting of a frame or shoe having clamps or straps or both for
fastening, with a pair of small wheels near the toe and another pair at
the heel mounted or permanently attached thereto, for skating or gliding
by means of human foot and leg power.
(4) The term "sidewalk" shall mean that portion of the street, whether
paved or unpaved, between the curb lines or the lateral lines of a
roadway and the adjacent property lines, intended for the use of
pedestrians. Where it is not clear which section is intended for the use
of pedestrians the sidewalk will be deemed to be that portion of the
street between the building line and the curb.
(5) The term "skateboard" shall mean a device consisting of a platform
usually curved upwards at each end, to which are mounted or permanently
attached two swiveling frames, each of which is used to support and
guide a pair of small wheels, which device glides or is propelled by
means of human foot or leg power.
b. No person shall engage in the reckless operation of roller skates,
in-line skates or a skateboard.
c. A violation of subdivision b of this section shall be a traffic
infraction and shall be punishable in accordance with section 1800 of
the vehicle and traffic law. Any person who is found guilty of the
reckless operation of roller skates, in-line skates or a skateboard
shall be subject to a fine of not less than fifty dollars nor more than
one hundred dollars.
d. The provisions of this section shall be enforced by the department,
the police department and the department of parks and recreation.
Section 19-176.2.
§ 19-176.2. Motorized scooters. a. For purposes of this section, the
term "motorized scooter" shall mean any wheeled device that has
handlebars that is designed to be stood or sat upon by the operator, is
powered by an electric motor or by a gasoline motor that is capable of
propelling the device without human power and is not capable of being
registered with the New York State Department of Motor Vehicles. For the
purposes of this section, the term motorized scooter shall not include
wheelchairs or other mobility aids designed for use by disabled persons.
b. No person shall operate a motorized scooter in the city of New
York.
c. Any person who violates subdivision b of this section shall be
liable for a civil penalty in the amount of five hundred dollars.
Authorized employees of the police department and department of parks
and recreation shall have the authority to enforce the provisions of
this section. Such penalties shall be recovered in a civil action or in
a proceeding commenced by the service of a notice of violation that
shall be returnable before the environmental control board. In addition,
such violation shall be a traffic infraction and shall be punishable in
accordance with section eighteen hundred of the New York state vehicle
and traffic law.
d. Any motorized scooter that has been used or is being used in
violation of the provisions of this section may be impounded and shall
not be released until any and all removal charges and storage fees and
the applicable fines and civil penalties have been paid or a bond has
been posted in an amount satisfactory to the commissioner of the agency
that impounded such vehicle.
Section 19-177
§ 19-177 Speed Limits; posting of signs. a. The official speed limit
for a vehicle in the city of New York shall be thirty miles per hour
except where an official sign indicates that a different speed limit is
in effect.
b. No person shall drive a vehicle on any street in excess of the
speed limit in effect for that street.
c. The commissioner shall post a sign at each exit within the city of
New York of each bridge and tunnel having only one terminus in the city
of New York that states the speed limit within the city.
Section 19-178
§ 19-178 Truck Weight and Length Limitations. The commissioner shall
post a sign at each exit within the city of New York of each bridge and
tunnel having only one terminus in the city of New York that states the
limits of truck weight and truck length within the city.
Section 19-179
§ 19-179 Traffic calming study. a. The commissioner shall conduct a
study on the feasibility of installing traffic calming measures,
including but not limited to, raised crosswalks, traffic circles and
protected pedestrian phases in appropriate locations in the city. Within
one year of the effective date of this local law, the commissioner shall
submit a report of the department's findings to the council.
b. For purposes of this section, the following terms shall have the
following meanings:
(1) "traffic calming" shall mean any engineering measure which slows
vehicular traffic and accommodates other street users such as
pedestrians, bicyclists or children at play.
(2) "raised crosswalks" shall mean crosswalks which are raised several
inches above street level in order to slow vehicular traffic.
(3) "traffic circles" shall mean landscaped islands in the middle of
intersections which can replace traffic control indications or stop
signs on non-arterial streets.
(4) "protected pedestrian phases" shall mean traffic control
indications that are adjusted to provide that all conflicting vehicular
movements are stopped in order to accommodate pedestrian movement.
Section 19-180
§19-180 Performance indicators. a. For the purposes of this section,
the following terms shall be defined as follows:
1. "Bicycle screen lines" shall mean locations where bicycles are
ridden, including but not limited to greenways, roadways and bridge
crossings.
2. "Borough screen lines" shall mean locations where roadways cross
between boroughs.
3. "City screen lines" shall mean locations where roadways enter the
city.
4. "High performance modes" shall mean a form of surface
transportation other than automobiles, including buses, ferries,
bicycling and walking, that more efficiently uses roadways and waterways
to move people.
5. "Key corridors" shall mean major arterial roadways where changes in
street operations, such as lane reapportionments, lane reconfigurations,
significant adjustments in traffic and parking regulations and changes
in traffic signal timing have been completed, are being implemented or
are being studied.
b. The department shall develop and monitor performance indicators
that will assist in assessing and reducing the amount of traffic on
transportation infrastructure and promote high performance modes
citywide and within each borough. Such indicators shall include:
1. vehicle volume data at city screen lines, borough screen lines and
river crossings.
2. vehicle volume data and other data where appropriate, including but
not limited to vehicle speed, bus speed and ridership, pedestrian,
bicycle and crash data, on key corridors.
3. vehicle speed data to be determined utilizing available global
positioning systems data.
4. bicycle volume data based on bicycle screen lines.
5. ferry volume data based upon information on ridership from
city-operated and private ferry services.
c. The performance indicators developed pursuant to this section shall
be measured and reported citywide and by borough by the department,
submitted in a written report to the speaker of the council and the
mayor and posted on the department's official website by November 1st of
each following calendar year. Where such report provides information for
a key corridor, such report shall provide performance indicators before
and after construction or project implementation. Such report shall
include information for each indicator from the prior calendar year and
shall describe departmental assessments about the projects where
appropriate.
Section 19-180.1
§ 19-180.1 Safety audits of crash locations involving pedestrians a.
Within one hundred and eighty days of receiving access to New York state
department of motor vehicles traffic crash data involving pedestrian
injuries or fatalities for the previous calendar year, the department
shall:
1. Identify the twenty highest crash locations based upon a ranking of
the total number of crashes involving pedestrians killed or seriously
injured, occurring over a five-year period and selected proportionally
by borough based upon the percentage of total crashes involving
pedestrians in such borough; and
2. Inspect and conduct audits at such locations and, where warranted,
make improvements or incorporate improvements into capital projects.
b. Within thirty days of completing the inspections and audits
required under paragraph 2 of subdivision a of this section, the
department shall send a report noting such inspection and audit and
summarizing its recommendations and steps to be taken, including a
schedule to implement such recommendations, to the council member and
community board in whose district the crash location is located.
c. If any crash location appears on the department's annual list of
twenty highest crash locations involving pedestrians more than once in
five consecutive years, such location shall be removed from the annual
list and replaced by the location with the next highest number of
crashes involving pedestrians located within the same borough as the
consecutively appearing location; provided that the department shall
continue to monitor such crash data and/or make safety improvements at
such removed location until such removed location is no longer one of
the highest crash locations.
d. For purposes of this section, "seriously injured" shall mean those
injuries categorized as "A" injuries by the New York state department of
motor vehicles.
Section 19-181
§ 19-181 Safety inspections at locations exhibiting a pattern of
crashes involving pedestrians and/or bicyclists. a. Within ninety days
of receiving access to New York state department of motor vehicles
traffic crash data involving pedestrians and/or bicyclists, the
department shall inspect every location with four or more serious
injuries or fatalities involving pedestrians and/or bicyclists during
the prior five-year period.
b. Within ninety days of notice of a traffic crash involving a
fatality, the department shall conduct an inspection of the traffic
crash location.
c. The department shall act upon any inspection recommendations, if
warranted.
d. The department shall make the results of the inspections required
under subdivisions a and b or any actions required by subdivision c of
this section available upon request to the public.
e. For purposes of this section, "serious injury" shall mean those
injuries categorized as "A" injuries by the New York state department of
motor vehicles.
Section 19-182
§ 19-182 Comprehensive study of pedestrian fatalities and serious
injuries. a. Every five years, the department shall conduct a
comprehensive study of all traffic crashes involving a pedestrian
fatality or serious injury for the most recent five years where traffic
crash data is available. In each such study, the department shall
analyze the conditions and factors associated with each such traffic
crash and identify common factors among the crashes, if any. The
department shall use such studies to develop strategies to improve
pedestrian safety, which may include modifying citywide traffic
operations policy, developing pedestrian safety strategies geared
towards specific users, including, but not limited to, installation of
audible pedestrian signals and other devices to assist those with sight,
hearing and mobility impairments, prioritizing locations and/or types of
roadways or intersections for safety improvements and making
recommendations for improving safety at such locations.
b. The first comprehensive traffic study and plans, including a
schedule for implementing strategies for improving pedestrian safety
generated by such study, shall be submitted to the mayor and speaker of
the council and posted on the department's official website by the
thirtieth day of november, two thousand and fifteen. Subsequent studies
and plans shall be submitted to the mayor and speaker of the council and
posted on the department's official website every five years thereafter
by the thirtieth of november in such years.
Section 19-182.1
§ 19-182.1 Comprehensive guidelines for the improvements of roads and
sidewalks. a. Every four years, the department shall publish a manual of
policies and design guidelines for the improvement of roads and
sidewalks in the city of New York. The manual shall serve as a
comprehensive resource for promoting higher quality street designs and
more efficient project implementation. The manual shall cover a variety
of topics related to street design, including but not limited to
complete street design features, materials, street lighting, street
furniture, and landscaping. For purposes of this section, "complete
street design features" shall mean roadway design features that
accommodate and facilitate convenient access and mobility by all users,
including current and projected users, particularly pedestrians,
bicyclists and individuals of all ages and abilities, and may include,
but need not be limited to: sidewalks, paved shoulders suitable for use
by bicyclists, lane striping, bicycle lanes, share the road signage,
crosswalks, road diets, pedestrian control signalization, bus pull outs,
curb cuts, raised crosswalks, ramps and traffic calming measures.
b. The manual of policies and design guidelines and any updates
thereto shall be disseminated by electronic mail to other mayoral
agencies, community boards, the speaker of the council and other city
elected officials and posted on the department's official website by the
thirtieth day of november, two thousand fifteen and every four years
thereafter.
Section 19-183
§ 19-183 Traffic calming devices. a. For the purposes of this section,
the following terms shall have the following meanings:
1. "School" shall mean any educational facility under the jurisdiction
of the New York city department of education and any non-public school
that provides educational instructions to students at or below the ninth
grade level.
2. "Senior" shall mean any person sixty-five years or older.
3. "Traffic calming device" shall mean any device, not governed by the
manual on uniform traffic control devices, including, but not limited
to, speed humps, curb extensions, traffic diverters, median barriers and
raised walkways, installed on a street and intended to slow, reduce or
alter motor vehicle traffic to improve safety for pedestrians and
bicyclists.
b. The department shall establish guidelines governing the approval
and placement of traffic calming devices. Such guidelines shall consider
whether such traffic calming devices would be installed adjacent to a
school or in a location where a high percentage of seniors use the
streets, such as locations adjacent to senior centers and nursing homes,
and any other locations as determined by the department. Such guidelines
shall list the conditions under which installation of such traffic
calming device may be appropriate. Such guidelines shall be distributed
to any entity upon request and shall be published on the department's
website.
Section 19-184
§ 19-184 Interagency roadway safety plan. a. The department shall
develop an interagency plan to improve roadway safety, which shall be
designed to, among other things, reduce the incidents of traffic
violations, crashes, injuries and fatalities.
b. Such plan shall identify key agencies and groups that the
department shall meet with at least monthly to work on improving roadway
safety and shall include, but not be limited to:
i. Proposed programs and initiatives to reduce traffic violations and
to encourage traffic calming and safety measures;
ii. Suggestions for behavioral modification to reduce crashes in the
city, such as education and strategic traffic enforcement;
iii. A plan to increase collaboration between the department and the
police department on roadway safety; and
iv. A schedule for implementing the proposals contained in such plan.
c. The department shall issue such plan to the mayor and council
ninety days after the date on which the local law that added this
section takes effect. Such report shall include, but not be limited to,
the strategies for improving roadway safety, whether any strategies were
implemented, and the status of such implementation.
* d. Such plan shall be updated every five years and the first such
updated plan shall be presented to the mayor and council no later than
May 31, 2016 and on or before the same date every five years thereafter.
Such updated plan shall include but not be limited to actions that have
been taken to implement the prior plans submitted pursuant to this
section, and the reasons that any actions that had been recommended by
such prior plans but not implemented were not taken.
* NB Effective April 1, 2014
Section 19-185
§ 19-185 Traffic study determinations. The department shall include
with any determination denying a request by a community board or council
member for a traffic control device regulated by the manual on uniform
traffic control devices, a summary of the traffic control device
warrants, along with the date and time that the department performed its
traffic analysis and the time period of any crash data considered by the
department for such warrants. Such denial shall also include the
following language: "A summary of the studies and reports that led to
this determination will be provided upon request." Upon such request by
the community board or council member after receiving the denial the
department shall provide a summary of the traffic studies and/or reports
performed by the department.
Section 19-186
§ 19-186 Compilation of bicycle crash data. a. The department shall
compile the total number of bicycle crashes that are reported to city
agencies. Such bicycle crash compilation shall include crashes between
bicycles, between bicycles and motorized vehicles and between bicycles
and pedestrians. The department shall commence compiling such data on
October 1, 2011.
b. On June 1, 2012 and annually thereafter, the department shall
provide a report to the council for the preceding calendar year, with
such report posted on the department's website, of the total number of
reported crashes as required by subdivision a of this section,
disaggregated by those involving solely bicycles, between bicycles and
motorized vehicles, and between bicycles and pedestrians. Such report
shall also include the number of injuries and fatalities resulting from
such crashes disaggregated as above. Such report shall also be
disaggregated by borough and by police precinct.
Section 19-187
§ 19-187 Community board hearings on the construction or removal of
bicycle lanes. a. Definitions. For the purposes of this section, the
following terms shall be defined as follows:
1. "Affected council member(s) and community board(s)" shall mean the
council member(s) and community board(s) in whose districts a proposed
bicycle lane is to be constructed or removed, in whole or in part.
2. "Bicycle lane" shall mean a portion of the roadway that has been
marked off or separated for the preferential or exclusive use of
bicycles.
b. 1. Except as provided below, at least ninety days before the
construction or the removal of a bicycle lane is to begin, the
department shall notify each affected council member and community board
via electronic mail of the proposed plans for the bicycle lane within
the affected community district and shall offer to make a presentation
at a public hearing held by such affected community board.
2. If the affected community board accepts the offer made pursuant to
paragraph one of this subdivision and holds such hearing within
forty-five days of the department sending the notice required under
paragraph one of this subdivision, the department shall make a
presentation of the proposed plans at such public hearing to receive
input on such plans and shall not construct or remove such bicycle lane
until forty-five days after such public hearing.
3. When notice is given under paragraph one of this subdivision
between June 20 and August 6, the period for a public hearing under
paragraph two of this subdivision shall conclude on September 20;
provided that the department may construct or remove such bicycle lane
at the conclusion of the ninety day notice period provided in paragraph
one of this subdivision or ten days following such hearing, whichever is
later.
c. The department shall consider comments from such public hearings
and may incorporate changes, where appropriate, into its bicycle lane
plan or cancel plans for construction or removal of such bicycle lane
where it determines such bicycle lane would be inappropriate.
d. Section 19-101.2 of this title shall not apply to any bicycle lane
that falls under the provisions of this section, except that subdivision
j of section 19-101.2 shall apply where construction or removal of such
bicycle lane would otherwise be defined as a major transportation
project under paragraph 2 of subdivision a of section 19-101.2 of this
title.
Section 19-188
§ 19-188 Accessible pedestrian signals program. a. The department
shall establish an accessible pedestrian signals program. As part of
this program, the department shall identify intersections where
accessible pedestrian signals may be installed based on guidelines,
including, but not limited to, those set forth in the most recent
version of the manual on uniform traffic control devices. The
department, after consultation with the mayor's office for people with
disabilities and with advocates for and members of the visually impaired
community, shall identify intersections which reflect the greatest
crossing difficulty for persons with visual impairments. Commencing in
2012, the department shall annually install, based on such guidelines,
an accessible pedestrian signal at each corner of twenty-five
intersections identified by the department following such consultation.
b. On or before November 30, 2012, and on or before every November 30
thereafter, the department shall post on its website a report analyzing
the status of the accessible pedestrian signals program which shall
include, but not be limited to, a detailed assessment of the program
including cost, funding sources for such program including, but not
limited to city, state and federal funding, recommendations for
improvements to such program, availability of new technology that may be
employed by the department for use in such program and any additional
intersections in the city that may warrant inclusion in such program. In
addition, such report shall list the fifty top ranked intersections for
new accessible pedestrian signals, as evaluated by the department after
consultation with the mayor's office for people with disabilities and
with advocates for and members of the visually impaired community, based
on the criteria set forth in subdivision a of this section.
c. The department shall post on its website the locations of all such
accessible pedestrian signals, disaggregated by community district and
council district.
Section 19-189
§ 19-189 Installation of speed humps on roadways adjacent to schools.
a. Definitions. For the purposes of this section, the following terms
shall be defined as follows:
1. "School" shall mean any buildings, grounds, facilities, property,
or portion thereof in which educational instruction is provided to at
least 250 students at or below the twelfth grade level.
2. "Speed hump" shall mean any raised area in the roadway pavement
surface extending transversely across the travel way that is composed of
asphalt or another paving material and is installed and designed for the
purpose of slowing vehicular traffic.
b. Notwithstanding the provisions of section 19-183 and 19-185 of this
chapter, the commissioner shall annually install one or more speed humps
on not fewer than fifty block segments that are adjacent to a school.
c. After evaluating every school in the city for the installation of
speed humps pursuant to subdivisions b of this section, the commissioner
may determine not to install any further speed humps and shall inform
the speaker of the council in writing of such determination and the
reasons therefor; provided, however, that the commissioner shall
evaluate the need to install one or more speed humps on roadways
adjacent to any school created after such determination.
d. The commissioner may decline to install any speed hump that is
otherwise required by this section if such installation would, in the
commissioner's judgement, endanger the safety of motorists or
pedestrians or not be consistent with the department's guidelines
regarding the installation of speed humps.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.