How a Town Legally Establishes a No Parking Zone

** This is article is based on New York State law, but the process is likely similar in most states.

Creating a no parking zone might seem like a simple decision — throw up a few signs and call it done. But for towns in New York, establishing a legal no parking area involves a formal process rooted in state law, municipal authority, and proper public procedure. Skipping steps can lead to unenforceable rules, resident backlash, or even legal challenges.

Here’s a straightforward explanation of the steps a town must typically take to lawfully create a no parking zone along a public road.

Confirm Jurisdiction Over the Road

Before any action is taken, the town must determine who owns and maintains the road:

• If the road is a town road, the town has the authority to regulate parking.

• If it’s a county or state highway, parking restrictions must be coordinated with the appropriate county or state Department of Transportation (DOT).

Parking restrictions cannot legally be imposed by a town on roads outside its jurisdiction.

Identify the Problem and Justify the Restriction

Parking regulations must serve a legitimate public purpose, such as:

• Ensuring road visibility at intersections

• Allowing safe access for emergency or highway equipment

• Addressing traffic congestion

• Preserving the shoulder or drainage area

The town board or highway superintendent may receive complaints, conduct field reviews, or collect documentation (photos, traffic counts, etc.) to support the restriction.

Draft a Local Law or Ordinance

Under New York State Town Law § 130, towns have the power to adopt local laws regulating vehicle parking on highways under their control. This must be done by local law or ordinance, not by informal vote.

The draft law should include:

• A specific description of the area affected (e.g., “On the north side of Elm Street from Maple Ave to Oak Drive”)

• Clear language that prohibits parking (e.g., “No Parking Anytime”)

• Any exceptions or time-based conditions, if applicable

Hold a Public Hearing

Before a local law is adopted, a public hearing must be held to give residents an opportunity to comment. The hearing must be:

• Announced publicly with at least 5 days’ advance notice

• Noted on the town’s website, clerk’s board, and/or newspaper of record

Residents may support or oppose the change, and the board may revise the proposal based on feedback.

Adopt the Law by Board Vote

After the hearing, the town board votes to adopt the local law. A majority vote is typically required. Once passed:

• The law becomes official and enforceable

• It should be added to the town’s local code or traffic regulation schedule

• A certified copy may need to be filed with the New York Department of State

Install Official Signage

Per the New York State Manual on Uniform Traffic Control Devices (MUTCD), standardized “No Parking” signs must be installed to make the restriction legally enforceable. The signs must be:

• Properly placed and visible to motorists

• Made of reflective material

• Installed at reasonable intervals to clearly indicate the no parking zone’s boundaries

Without proper signage, enforcement could be challenged in court.

Coordinate With Law Enforcement and Public Works

The town should notify:

• Local police or sheriff’s office to begin enforcement

• The highway department to document and maintain sign installation

• Any relevant emergency services if the restriction improves access

Clear communication ensures that the new law is observed and upheld consistently.

Creating a no parking zone in a town isn’t just a matter of common sense, it’s a legal process that requires public notice, a local law, and proper signage. By following New York State procedures carefully, towns can make their roads safer and more functional while avoiding headaches down the road.