N.Y. Veh. & Traf. Law § 1115 — Interference with official traffic-control devices, railroad signs or signals and other highway appurtenances

§ 1115. Interference with official traffic-control devices, railroad signs or signals and other highway appurtenances. (a) No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down, cover, remove, or otherwise interfere with any official traffic-control device or any railroad sign or signal, or any inscription, shield, or insignia thereon, or any other part thereof; any bridge or similar structure; any monument, lamppost, telephone pole, fence, walk, curb, tree, rock cut or other appurtenance on a highway right of way.

(b) For the purposes of this section the following terms shall have the following meanings:

1. to "deface" shall include, but not be limited to, to damage, destroy, disfigure, erase, ruin, distort, spoil or otherwise change the external appearance of an object by the use of chalk, crayon, paint, stain, ink or other similar material.

2. to "alter" a traffic-control signal shall include, but not be limited to, changing or attempting to change the signal indications of a traffic-control signal by use of a traffic-control signal preemption device.

3. "traffic-control signal preemption device" shall mean any device designed or used to change or attempt to change the signal indications of a traffic-control signal.

(c) The presence in a vehicle of a traffic-control signal preemption device connected to a power source and in an operable condition is presumptive evidence of its use by any person operating such vehicle. Such presumption shall be rebutted by any credible and reliable evidence which tends to show that such device was not in use.