2013 New York Consolidated Laws
RRD - Railroad
Article 3 - (50 - 108) CONSTRUCTION, OPERATION AND MANAGEMENT
52-A - Fences along road operated by electric third rail.

 
    §   52-a.   Fences   along  road  operated  by  electric  third  rail.
  Notwithstanding the provisions of section fifty-two or of any other law,
  general or special, within a city containing a population  of  over  one
  million  inhabitants  according  to the last preceding federal census or
  state enumeration,  every  railroad  corporation  operating  a  railroad
  deriving  its motive power in whole or in part from an electrified third
  rail shall erect and thereafter maintain a fence  or  fences  along  the
  boundary  line  of  its right of way contiguous and adjacent to a public
  highway running generally parallel to or terminating  at  such  boundary
  line  whenever  the  commissioner  of  transportation after a hearing on
  notice to such railroad corporation shall determine it to  be  necessary
  for  the  public  welfare and shall by order so direct. The order of the
  commissioner  of  transportation  may  prescribe  the  height,   length,
  materials and design of such fence or fences.