L. 1923, ch. 739.

County aid for connecting highways.

§ 320-g.

by the chairman and the supervisor or supervisors representing the ward or wards through which such road is being improved. Payments therefor shall be made from time to time by the county treasurer upon the certificate of the county superintendent, approved by the chairman of the board of supervisors. A street or highway within any such city, constructed or improved as herein provided, shall be of the same width and type of construction as such town highway so improved by the aid of the county outside the city, unless a greater width or different type of construction is desired by the city. The additional expense caused by the increased width or different type, or both, if any, shall be borne by the city. Any such street or highway, when completed, shall thereafter be repaired and maintained by the city, wherein such street or highway is located, in the same manner as other city streets or highways. (Added by L. 1922, ch. 229, in effect March 24, 1922.)

§ 320-g. County aid for connecting a highway to a paved highway in the city of North Tonawanda in the county of Niagara.-The board of supervisors of the county of Niagara may, with the consent of the common council of the city of North Tonawanda, a city of the third class, located in such county, provide for the construction or improvement of a highway constituting an extension of the highway already constructed on the River road along the Niagara river, said new construction to begin at the termination of said highway already constructed at the city line of the city of North Tonawanda and continue southerly along the said River road to a point where the same is intersected by Felton street in the city of North Tonawanda; the cost of said construction of said highway and improvement to be borne as follows: seventy per cent thereof by the county of Niagara, and thirty per cent thereof by the city of North Tonawanda. The portion to be borne by the city shall be a city charge and the residue thereof shall be a county charge. The amount to be borne by the county shall be provided by tax, to be levied upon the taxable property of the county and collected in the same manner as other county charges and shall be paid into the county treasury and such tax shall not be reported as a basis for state aid as provided by section three hundred and twenty-b of this chapter. The board of supervisors may, in its discretion, appropriate and make immediately available from county funds the portion of the moneys to be borne by the county. If it shall determine that sufficient moneys are not available, after defraying other county expenses, it may direct the county treasurer to borrow the same in anticipation of taxes or it may authorize the issue and sale of bonds therefor, to be issued and sold in the same manner as other county bonds. The amount of the expense of such construction to be borne by the city shall be provided by tax, to be levied upon the taxable property of the city and collected in the same manner as other city charges. The common council of the city may, in its discretion, appropriate and make immediately available from city

§ 329-a.

Lights on vehicles.

L. 1923, ch. 427.

funds the portion of the moneys to be borne by the city. If it shall determine that sufficient moneys are not available, after defraying other city expenses, it may direct the city treasurer to borrow the same in anticipation of taxes or it may authorize the issue and sale of bonds therefor in the manner provided by chapter two hundred and fifty-nine of the laws of nineteen hundred and twenty-two, state of New York. Such construction shall not be commenced until the portion to be borne by the city, as determined by the board of supervisors, has been deposited in the county treasurer's office of such county. The construction or improvement of such highway, as herein provided, shall be done under the supervision and direction of the county superintendent of highways, or of a committee known as the highway officials of the county, to consist of the county superintendent, three members of the board to be appointed by the chairman and the supervisor representing the ward through which such road is being improved. Payments therefor shall be made from time to time by the county treasurer upon the certificate of the county superintendent, approved by the chairman of the board of supervisors. The street or highway constructed or improved as herein provided, shall be of the same width and type of construction as such town highway so improved by the aid of the county outside the city, unless a greater width or different type of construction is desired by the city. The additional expense caused by the increased width or different type, or both, if any, shall be borne by the city. Any such street or highway, when completed, shall thereafter be repaired and maintained by the city, wherein such street or highway is located, in the same manner as other city streets or highways. (Added by L. 1923, ch. 739, in effect May 25, 1923.)

§ 329-a. Lights on vehicles.-Every vehicle whether stationary or in motion, while upon any public street, avenue, highway, or bridge, shall have attached thereto a light or lights so placed as to be clearly visible from the front and from the rear from one-half hour after sunset to onehalf hour before sunrise. Upon the written application and presentation of reasons therefor by the owner of the vehicle, the state commission of highways may in writing, and subject to such requirements as it may elect to impose, but without expense to the applicant, except said vehicle from the provisions of this section for such period of time as the commission may determine. The provisions of this section shall apply to all cities, towns, and villages of the state except the city of New York. Nothing in this section shall be construed to affect the provisions of any existing statue, rule, or regulation requiring lights on motor vehicles or affecting the obligations of operators or occupants thereof. A person violating the provisions of this section shall be guilty of a misdemeanor punishable by a fine not to exceed ten dollars. (Added by L. 1914, ch. 32, and amended by L. 1915, ch. 367, L. 1918, 258 and L. 1923, ch. 427, in effect May 21,

L. 1922, ch. 371.

Trees; lighting highways.

S$ 333, 337, 345.

Application of section extends only to vehicles "on wheels" and hence is not applicable to sleighs upon public streets. Vadney v. United Traction Co. (1920), 193 App. Div. 329, 183 N. Y. Supp. 926, affd. 233 N. Y. 643, 135 N. E. 952.

§ 333. Trees; to whom they belong.-All trees standing or lying on land within the bounds of any highway, shall be for the proper use of the owner or occupant of such land, except that they may be required to repair the highways or bridges of the town but no growing tree planted by the state or by any county or town within the bounds of a state or county highway shall be cut down or destroyed without the written consent of the state commissioner of highways. Where a right of way has been or shall be acquired, under the provisions of this chapter, for a state or county highway, the owner of the fee shall have and may harvest for his own use the fruit upon all fruit-bearing trees left standing from time to time within the right of way so acquired, until forbidden in writing by the governing board of the political subdivisions in which the title to such right of way vests. (Amended by L. 1916, ch. 147 and L. 1922, ch. 371, in effect March 30, 1922.)

§ 337. Penalties, how recovered.-All penalties for forfeitures given in this chapter, and not otherwise specially provided for, shall be recovered by the town superintendent, in the name of the town in which the offense shall be committed; and when recovered, shall be applied by him in improving the highways and bridges in such town, except that if the offense occurs on any highway included in the systems defined by sections one hundred and twenty and one hundred and twenty-two of this chapter, such penalties or forfeitures may be recovered by the state commissioner of highways and where so recovered shall be paid to the state treasurer to the credit of the fund available for the maintenance and repair of state. and county highways. (Amended by L. 1922, ch. 371, in effect March 30, 1922.)

§ 345. Lighting of public highways or bridges.-The board of supervisors of any county, subject to the approval of the state commissioner of highways, may from time to time provide for lighting public highways, or portions thereof, or bridges, located in such county outside of cities and villages. The initial action of the board shall be in the form of a proposal for submission to the commissioner. The highways, or portions thereof, or bridges to be lighted, and the manner of lighting, shall be set forth in such proposal. Such proposal shall be embodied in a resolution. The lighting of one or more of such highways, or portions thereof, or bridges may be proposed in a single resolution. The board may provide for such lighting if its proposal be so approved or, if modifications. be suggested by the commissioner, may adopt such modifications and provide for such lighting in conformity therewith. The expense of installing, maintaining and caring for such lights shall be a county charge, and the

§ 2.

County roads.

L. 1922, ch. 611.

moneys therefor shall be provided and appropriated in the same manner as for other county expenses. The furnishing of light under this section may be provided for by contract or otherwise, but nothing herein shall be deemed to authorize the board to acquire, construct or establish a lighting plant for such purposes. The installation of lights, fixtures and connections shall be done under the supervision of the county superintendent of highways. The board may provide for the care of such lights in such manner as it may deem proper. The board may, in its discretion, at any time discontinue the lighting of any highway, or portion thereof, or bridge provided for under this section. (Added by L. 1922, ch. 634, in effect April 13, 1922.)

§ 355. County highway maps preserved.—(Repealed by L. 1921, ch. 18, in effect March 1, 1921.)

HIGHWAYS.

See Bonds of State; Public Works Law. Alteration on account of canal construction; Canal L., § 120. State debts authorized for improvement; Constitution art. 7, § 12. Grade crossings; elimination and alteration; Railroad L., §§ 90-94, 95-a. Taxes, see Taxation. Garbage on; Penal L., § 1434.

County Roads in Certain Counties.

(L. 1910, ch. 564, vol. 3, p. 3685.)

§ 2. Construction and maintenance of county roads.-County roads as defined in subdivision three of section three of the highway law and as designated pursuant to this act shall be exclusively under the jurisdiction of the board of supervisors and exempt from the jurisdiction of the highway officers of the several towns, villages and cities in which said county roads are located. The expenses of constructing, and maintaining and improving the county roads of such county shall be a county charge. The board of supervisors shall, upon the receipt of the county superintendent's report as provided for by subdivision two-a of section thirty-three of the highway law, or of any supplemental report of the county superintendent made at any time showing that it is necessary to raise funds for the construction, improvement and maintenance of such county roads, stating the amount by towns and as a total and the location where any permanent repairs are required to be made, consider the estimate in such report. It may by a majority vote of the members thereof approve such estimate or increase or reduce the amount of any of the estimates contained therein. The statement as thus approved, increased or reduced shall be signed in duplicate by a majority of the members of the board, one copy of which shall be filed in the office of the county clerk and the other delivered to the county treasurer. The clerk of the board of supervisors shall make and transmit a copy of such statement to the state highway commission and to the county superintendent. The

L. 1921, ch. 400.

County roads.

$$ 3, 4.

board of supervisors shall cause the amounts therein to be raised by the issuance of county bonds therefor or of certificates of indebtedness, notes or other evidence of indebtedness, and if such certificates of indebtedness, notes or other evidence of indebtedness are issued, shall cause the amount thereof to be assessed, levied and collected in the same manner as other county charges in the year next succeeding the issuance thereof, or shall cause such amounts to be assessed, levied and collected in such county in the same manner as other county charges, and such amounts shall be expended only for the purpose specified in such statement. The warrant for the collection of such taxes in such county shall direct the payment of the moneys so collected to the county treasurer to be held by him and paid out for the purpose or purposes specified in such statement, as provided in subdivision two-a of section thirty-three. The construction and maintenance of such county roads shall be under the supervision of the board of supervisors. In any such county having a population of not less than one hundred thousand nor more than one hundred and fifty thousand, and adjoining a city of the first class, whenever the estimated cost of the construction of any such county road is the sum of fifteen hundred dollars or more, the same shall be constructed by contract, awarded in the manner provided in section one hundred and thirty of the highway law for the construction of state and county highways. (Amended by L. 1918, ch. 295, L. 1921, ch. 400 and L. 1922, ch. 611, in effect April 13, 1922.)

§ 3. Bonding county for county roads.-The board of supervisors of such county may borrow money from time to time for the construction, improvement and reconstruction of the county roads in such county, and may issue bonds or other evidences of indebtedness of the county therefor; but such bonds or other evidences of indebtedness shall not bear a rate of interest exceeding five per centum per annum, and shall not be for a longer term than twenty years, and shall not be sold for less than par and shall not exceed the estimate of the county superintendent of highways. (Amended by L. 1921, ch. 400, in effect April 30, 1921.)

§ 4. Acquisition of lands for right of way and such other purposes.— If a county road proposed to be constructed, improved, widened or otherwise altered, shall deviate from the line of a county road already existing, or shall necessitate the acquiring of a right of way for such purpose, the board of supervisors of the county where such county road is or shall be located, shall acquire land for the requisite right of way, prior to the actual commencement of the work of construction. The board of supervisors may cause the removal of obstructions caused by snow and may also enter upon private property with the consent of the owners thereof at intersecting cross roads and remove obstructions to the view of approaching users of the highway and the expense, if any, shall be a county charge. The board of supervisors may also acquire by purchase or