New York RRD Code § 52-A

Fences along road operated by electric third rail
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§ 52-a. Fences along road operated by electric third rail.\nNotwithstanding the provisions of section fifty-two or of any other law,\ngeneral or special, within a city containing a population of over one\nmillion inhabitants according to the last preceding federal census or\nstate enumeration, every railroad corporation operating a railroad\nderiving its motive power in whole or in part from an electrified third\nrail shall erect and thereafter maintain a fence or fences along the\nboundary line of its right of way contiguous and adjacent to a public\nhighway running generally parallel to or terminating at such boundary\nline whenever the commissioner of transportation after a hearing on\nnotice to such railroad corporation shall determine it to be necessary\nfor the public welfare and shall by order so direct. The order of the\ncommissioner of transportation may prescribe the height, length,\nmaterials and design of such fence or fences.\n

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