[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.
The authority herein granted shall include the
provisions contained in § 1640, Subdivision (a), and §§ 1640-a,
1641, 1643 and 1644, of the Vehicle and Traffic Law of the State of
New York.
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or contrary to the provisions herein is hereby repealed and superseded.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 30 miles per
hour except it shall be 25 miles per hour on South Pearl Street (State
Route 32) from the intersection of South Pearl Street with Old South
Pearl Street north to the intersection of South Pearl Street with
First Avenue or as otherwise posted.
[Amended 6-5-2017 by Ord.
No. 28.42.17]
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.
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:
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.
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.
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]
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.
[Amended 2-23-2023 by Ord. No. 1.11.23]
(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.
[Added 6-23-2022 by Ord. No. 7.41.22; amended 7-6-2023 by Ord. No. 22.61.23]
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.
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.
[Amended 12-21-2009 by Ord. No. 55.82.09; 8-5-2013 by Ord. No. 45.32.10]
K.
Stand
or park a tractor, as that term is defined in Section 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.
[Added 2-23-2023 by Ord. No. 1.11.23]
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.
Except as provided in § 359-23 above and § 25.05 of the Parks and Recreation Law,[1] no vehicle shall be operated on a path, lane, shoulder
or portion of a slope that has been designated for the use of bicycles.
[1]
Editor's Note: See now the Parks, Recreation
and Historic Preservation Law
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.
