Bill Text: NY S00760 | 2015-2016 | General Assembly | Introduced

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Bill Title: Authorizes a pilot residential parking permit system in the city of Buffalo; requires payment of fees applicable to parking within certain areas.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-05-18 - RECOMMIT, ENACTING CLAUSE STRICKEN [S00760 Detail]

Download: New_York-2015-S00760-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          760
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Transportation
       AN ACT to amend the vehicle and traffic law, in relation to  authorizing
         a  pilot  residential parking permit system in the city of Buffalo and
         providing for the repeal of such provisions upon expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative findings and intent. The legislature finds that
    2  a  lack  of  parking for residents in the city of Buffalo in the area in
    3  and around Buffalo General Medical Park has resulted in traffic hazards,
    4  congestion and air and noise pollution. In addition, such lack of  park-
    5  ing poses a hazard to residents and other pedestrians in such area.
    6    The legislature further finds that a residential parking system within
    7  such  area  will reduce such hazards and will reduce pollution levels as
    8  well. The legislature, therefore, hereby declares the necessity of  this
    9  act  to  authorize  the  city  of Buffalo to adopt a residential parking
   10  system in accordance with the provisions of this act.
   11    S 2. The vehicle and traffic law is amended by adding  a  new  section
   12  1640-o to read as follows:
   13    S  1640-O.  PILOT  RESIDENTIAL  PARKING  PERMIT  SYSTEM IN THE CITY OF
   14  BUFFALO. 1. NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO  THE  CONTRARY,
   15  THE  CITY  OF  BUFFALO  MAY,  BY  ADOPTION  OF A LOCAL LAW OR ORDINANCE,
   16  PROVIDE FOR A RESIDENTIAL PARKING PERMIT SYSTEM AND FIX AND REQUIRE  THE
   17  PAYMENT  OF  FEES APPLICABLE TO PARKING WITHIN CERTAIN AREAS OF THE CITY
   18  OR AS DELINEATED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO IN ACCORD-
   19  ANCE WITH THE PROVISIONS OF THIS SECTION.
   20    2. SUCH RESIDENTIAL PARKING PERMIT  SYSTEM  MAY  ONLY  BE  ESTABLISHED
   21  WITHIN THE AREA OF THE CITY OF BUFFALO DESCRIBED AS FOLLOWS:
   22    (A) MAPLE STREET, FROM CARLTON STREET TO HIGH STREET;
   23    (B) MULBERRY STREET, FROM CARLTON STREET TO HIGH STREET;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01408-02-5
       S. 760                              2
    1    (C) LOCUST STREET, FROM CARLTON STREET TO HIGH STREET;
    2    (D) LEMON STREET, FROM CARLTON STREET TO HIGH STREET;
    3    (E) CARLTON STREET, FROM MAPLE STREET TO LEMON STREET; AND
    4    (F) HIGH STREET, FROM MAPLE STREET TO LEMON STREET.
    5    3.  NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, NO PERMIT SHALL BE
    6  REQUIRED ON STREETS WHERE THE ADJACENT PROPERTIES ARE ZONED FOR  COMMER-
    7  CIAL, OFFICE AND/OR RETAIL USE.
    8    4.  THE LOCAL LAW PROVIDING FOR SUCH RESIDENTIAL PARKING PERMIT SYSTEM
    9  SHALL:
   10    (A) SET FORTH FACTORS NECESSITATING  THE  ENACTMENT  OF  SUCH  PARKING
   11  SYSTEM;
   12    (B)  PROVIDE  THAT  MOTOR VEHICLES REGISTERED PURSUANT TO SECTION FOUR
   13  HUNDRED FOUR-A OF THIS CHAPTER SHALL BE EXEMPT FROM ANY PERMIT  REQUIRE-
   14  MENT;
   15    (C) PROVIDE THE TIMES OF THE DAY AND THE DAYS OF THE WEEK DURING WHICH
   16  PERMIT REQUIREMENTS SHALL BE IN EFFECT;
   17    (D)  MAKE NOT LESS THAN TWENTY PERCENT OF ALL SPACES WITHIN THE PERMIT
   18  AREA OR AREAS AVAILABLE TO NONRESIDENTS WHICH SHALL  PROVIDE  SHORT-TERM
   19  PARKING  OF  NOT  LESS  THAN  NINETY MINUTES IN DURATION IN SUCH AREA OR
   20  AREAS;
   21    (E) PROVIDE THE SCHEDULE OF FEES TO BE PAID FOR  RESIDENTIAL  PERMITS;
   22  AND
   23    (F)  PROVIDE  THAT  SUCH FEES SHALL BE CREDITED TO THE GENERAL FUND OF
   24  THE CITY OF BUFFALO.
   25    5. NO LOCAL LAW OR ORDINANCE SHALL BE ADOPTED PURSUANT TO THIS SECTION
   26  UNTIL A PUBLIC HEARING THEREON HAS BEEN HELD BY THE  COMMON  COUNCIL  OF
   27  THE  CITY  OF  BUFFALO CONCERNING THE DESIGNATION OF THE CERTAIN AREA OR
   28  AREAS IN WHICH SAID PARKING PERMIT SYSTEM IS TO BE IMPLEMENTED.
   29    S 3. This act shall take effect immediately and shall remain  in  full
   30  force  and  effect  for a period of 730 days after the implementation of
   31  the local law or ordinance adopted by the city of  Buffalo  pursuant  to
   32  section 1640-o of the vehicle and traffic law as added by section two of
   33  this  act  at  which  time this act shall expire and be deemed repealed;
   34  provided that the city of Buffalo  shall  notify  the  legislative  bill
   35  drafting  commission  upon  the occurence of the enactment of the legis-
   36  lation provided for in section 2 of this act in order that  the  commis-
   37  sion  may  maintain  an  accurate  and timely effective data base of the
   38  official text of the laws of the state of New  York  in  furtherance  of
   39  effectuating  the  provisions  of  section 44 of the legislative law and
   40  section 70-b of the public officers law.