§ 1007. Local speed limits
(a) The legislative body of a municipality may establish, on the basis of an engineering and traffic investigation, a speed limit on all or a part of any city, town or village highway within its jurisdiction, which:
(1) is not more than 50 miles per hour; however, after considering neighborhood character, abutting land use, bicycle and pedestrian use, and physical characteristics of the highways, the legislative body of a municipality may vote to set the maximum speed limit, without an engineering and traffic investigation, at not more than 50 miles per hour nor less than 35 miles per hour, on all or a portion of unpaved town highways within its boundaries, unless otherwise posted in accordance with the provisions of this section; or
(2) is not less than 25 miles per hour.
If the legislative body of a municipality votes to set the speed limit on all unpaved town highways in its boundaries at no more than 50 miles per hour nor less than 35 miles per hour as provided for in subdivision (a)(1) of this section, signs shall be located at points of change from one speed limit to another.
(b) The legislative body of a city may establish, on the basis of an engineering and traffic investigation, a speed limit on all or a part of any state highway, other than a limited access highway, within its jurisdiction, which:
(1) is not more than 50 miles per hour; or
(2) is not less than 25 miles per hour.
(c) Any altered limit is effective at all times or during hours of darkness or at other times as may be determined when appropriate signs giving notice are erected upon the street or highway.
(d) The special regulations have the full force and effect of law and are in the case of regulations adopted under subsections (a) and (b) of this section subject to review by the traffic committee, whose decision is final.
(e) Lack of evidence of a traffic and engineering study will not invalidate a local speed limit ordinance as adopted or amended under this section after five years following the day on which the speed limit ordinance took effect.
(f) Notwithstanding the procedure outlined in this section for enacting a local speed limit, a town or village may adopt a local speed ordinance on a state highway, other than on limited access highways, provided the ordinance duplicates the speed limit established under section 1003 of this title.
(g) Notwithstanding any requirements of section 1025 of this title, downtown development districts designated under chapter 76A of Title 24 may have posted speed limits of less than 25 miles per hour. (Added 1971, No. 258 (Adj. Sess.), § 3, eff. March 1, 1973; amended 1973, No. 239 (Adj. Sess.), § 2; 1975, No. 232 (Adj. Sess.), § 9, eff. April 7, 1976; 1989, No. 261 (Adj. Sess.), § 1, eff. June 16, 1990; 1995, No. 133 (Adj. Sess.), § 2; 1997, No. 120 (Adj. Sess.), § 7; 1999, No. 32, § 1.)