Bill Text: NY A05023 | 2015-2016 | General Assembly | Amended

New York Assembly Bill 5023 (Prior Session Legislation)

Bill Title: Enacts the open driveway act; prohibits the blocking of an alleyway or driveway by one party without the consent of the other, or by another person where the title of real property provides for a common access way; defines the term "blocking".

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2016-06-09 - print number 5023b [A05023 Detail]

Download: New_York-2015-A05023-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                         5023--B
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    February 10, 2015
                                       ___________
        Introduced  by  M.  of A. PERRY -- Multi-Sponsored by -- M. of A. AUBRY,
          COOK, ROBINSON -- read once and referred to the Committee on Transpor-
          tation -- recommitted to the Committee on Transportation in accordance
          with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as amended and recommitted to said committee
        AN ACT to amend the vehicle and traffic law, in relation to enacting the
          Open Driveway Act
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and  may  be  cited  as  the  "Open
     2  Driveway Act".
     3    § 2. Section 237 of the vehicle and traffic law is amended by adding a
     4  new subdivision 16 to read as follows:
     5    16.  (a)  To  promulgate any rules and regulations where title of real
     6  property provides for a common access way including but not limited  to,
     7  a  driveway  or alley, blocking of the alleyway or driveway by one party
     8  without the consent of the other,  or  by  another  person  without  the
     9  consent  of  both  parties,  and  in the case of an alleyway, the act of
    10  blocking shall be subject to local parking regulations as applies  to  a
    11  public  street  or roadway on the filing of a complaint by one or any of
    12  the parties who holds a title of ownership.
    13    (b) For the purposes of this section, "blocking" shall mean the  park-
    14  ing,  leaving or standing of a motor vehicle or other object or obstacle
    15  in the driveway or alleyway in such a manner that a clear passageway  is
    16  not  available  for access and egress of any other automobile authorized
    17  to use such driveway or alleyway, or garages or parking spaces  accessed
    18  through such driveway or alleyway.
    19    §  3.  This  act  shall take effect on the sixtieth day after it shall
    20  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03472-04-6