Bill Text: NY S04552 | 2013-2014 | General Assembly | Amended

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Bill Title: Allows the town board of the town of Hempstead to adopt a local law or ordinance providing for a residential parking permit system.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2013-07-31 - SIGNED CHAP.267 [S04552 Detail]

Download: New_York-2013-S04552-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4552--B
           Cal. No. 831
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    April 10, 2013
                                      ___________
       Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Transportation --  commit-
         tee  discharged, bill amended, ordered reprinted as amended and recom-
         mitted to said committee -- reported favorably  from  said  committee,
         ordered  to first and second report, amended on second report, ordered
         to a third reading, and to be  reprinted  as  amended,  retaining  its
         place in the order of third reading
       AN  ACT to amend the vehicle and traffic law, in relation to authorizing
         a residential parking system in the Town of Hempstead
         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 of a section of East Meadow in the town
    3  of Hempstead has resulted in traffic hazards,  congestion  and  air  and
    4  noise  pollution.  In  addition,  such lack of parking poses a hazard to
    5  residents and other pedestrians in such areas. The  legislature  further
    6  finds  that  a  residential  parking system will reduce such hazards and
    7  will reduce  pollution  levels  as  well.  The  legislature,  therefore,
    8  declares the necessity of this act to authorize the town of Hempstead to
    9  adopt  a residential parking system in accordance with the provisions of
   10  this act.
   11    S 2. The vehicle and traffic law is amended by adding  a  new  section
   12  1662-e to read as follows:
   13    S  1662-E.  RESIDENTIAL  PARKING  SYSTEM IN THE TOWN OF HEMPSTEAD.  1.
   14  NOTWITHSTANDING THE PROVISIONS OF ANY LAW  TO  THE  CONTRARY,  THE  TOWN
   15  BOARD  OF THE TOWN OF HEMPSTEAD MAY, BY ADOPTION OF A LOCAL LAW OR ORDI-
   16  NANCE, PROVIDE FOR A RESIDENTIAL  PARKING  PERMIT  SYSTEM  AND  FIX  AND
   17  REQUIRE  THE  PAYMENT  OF  FEES APPLICABLE TO PARKING WITHIN THE AREA IN
   18  WHICH SUCH PARKING SYSTEM IS IN EFFECT IN ACCORDANCE WITH THE PROVISIONS
   19  OF THIS SECTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09924-10-3
       S. 4552--B                          2
    1    2. SUCH RESIDENTIAL PARKING PERMIT  SYSTEM  MAY  ONLY  BE  ESTABLISHED
    2  WITHIN  THE  AREA  KNOWN  AS  EAST  MEADOW OF THE TOWN CONSISTING OF THE
    3  FOLLOWING ROADWAYS:
    4    (A) ROOSEVELT AVENUE WEST OF PROSPECT AVENUE;
    5    (B) JEFFERSON STREET WEST OF PROSPECT AVENUE;
    6    (C) FIRST STREET WEST OF PROSPECT AVENUE;
    7    (D) SECOND STREET WEST OF PROSPECT AVENUE;
    8    (E) THIRD STREET WEST OF PROSPECT AVENUE;
    9    (F) FOURTH STREET WEST OF PROSPECT AVENUE;
   10    (G) CLEARMEADOW DRIVE;
   11    (H) NOTTINGHAM ROAD;
   12    (I) FLORENCE COURT;
   13    (J) JANE COURT;
   14    (K) DOFENA LANE;
   15    (L) FRANKLIN AVENUE NORTH OF 4TH STREET;
   16    (M) BAILEY AVENUE;
   17    (N)  FRANKLIN AVENUE, NORTH OF 7TH STREET AND SOUTH OF HEMPSTEAD TURN-
   18  PIKE;
   19    (O) LINCOLN AVENUE, NORTH OF 7TH STREET AND SOUTH OF ROOSEVELT AVENUE;
   20    (P) 5TH STREET, WEST OF PROSPECT AVENUE;
   21    (Q) 6TH STREET, WEST OF PROSPECT AVENUE;
   22    (R) 7TH STREET, WEST OF PROSPECT AVENUE;
   23    (S) PENGON CIRCLE;
   24    (T) LOIS COURT;
   25    (U) ERMA DRIVE;
   26    (V) AVA DRIVE;
   27    (W) DOROTHY DRIVE;
   28    (X) BARBARA DRIVE;
   29    (Y) ROSE DRIVE;
   30    (Z) BLY ROAD;
   31    (AA) MARION DRIVE; AND
   32    (BB) CONTI SQUARE BOULEVARD.
   33    3. NOTWITHSTANDING THE FOREGOING, NO PERMIT SHALL BE REQUIRED ON THOSE
   34  PORTIONS OF SUCH STREETS WHERE THE ADJACENT  PROPERTIES  ARE  ZONED  FOR
   35  COMMERCIAL/RETAIL USE.
   36    4.  THE  LOCAL LAW OR ORDINANCE PROVIDING FOR SUCH RESIDENTIAL PARKING
   37  SYSTEM SHALL:
   38    (A) SET FORTH FACTORS NECESSITATING  THE  ENACTMENT  OF  SUCH  PARKING
   39  SYSTEM;
   40    (B)  PROVIDE  THAT  MOTOR VEHICLES REGISTERED PURSUANT TO SECTION FOUR
   41  HUNDRED FOUR-A OF THIS CHAPTER SHALL BE EXEMPT FROM ANY PERMIT  REQUIRE-
   42  MENT;
   43    (C)  PROVIDE THE TIMES OF DAY AND DAYS OF THE WEEK DURING WHICH PERMIT
   44  REQUIREMENTS SHALL BE IN EFFECT;
   45    (D) MAKE NOT LESS THAN FIFTEEN PERCENT OF THE SPACES WITHIN THE PERMIT
   46  AREA AVAILABLE TO NONRESIDENTS, AND SHALL PROVIDE SHORT TERM PARKING  OF
   47  NOT LESS THAN SIXTY MINUTES IN DURATION IN THE PERMIT AREA;
   48    (E) PROVIDE THE SCHEDULE OF FEES TO BE PAID FOR SUCH PERMITS; AND
   49    (F)  PROVIDE  THAT  SUCH FEES SHALL BE CREDITED TO THE GENERAL FUND OF
   50  THE TOWN OF HEMPSTEAD UNLESS OTHERWISE SPECIFIED IN SUCH LOCAL LAW.
   51    5. NO ORDINANCE SHALL BE ADOPTED PURSUANT  TO  THIS  SECTION  UNTIL  A
   52  PUBLIC  HEARING  THEREON HAS BEEN HAD IN THE SAME MANNER AS REQUIRED FOR
   53  PUBLIC HEARINGS ON A LOCAL LAW PURSUANT TO THE MUNICIPAL HOME RULE LAW.
   54    6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY STATE HIGHWAY
   55  MAINTAINED BY THE STATE.
   56    S 3. This act shall take effect immediately.