Informal Opinion No.

Anthony J. Grant, Esq. Corporation Counsel, White Plains

You have asked whether a city may reduce speed limits on highways in the vicinity of churches or other private buildings which provide day care services for children.

Initially, we note that the power to control and regulate the public highways rests primarily with the State Legislature (Vehicle and Traffic Law, §§ 1603, 1604; People v Grant, 306 N.Y. 258 [1954]). A local government can legislate on matters pertaining to highways only pursuant to a specific delegation of authority from the Legislature (ibid.). Article 39 of the Vehicle…