Bill Text: NY S05436 | 2015-2016 | General Assembly | Amended


Bill Title: Authorizes the village of Mamaroneck in the county of Westchester to establish a residential parking system in certain areas of the village.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-09-25 - SIGNED CHAP.336 [S05436 Detail]

Download: New_York-2015-S05436-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5436--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 14, 2015
                                      ___________
       Introduced  by  Sen. LATIMER -- 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
       AN ACT to amend the vehicle and traffic law, in relation to  authorizing
         the  village of Mamaroneck in the county of Westchester to establish a
         residential parking system
         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 certain areas of the village of
    3  Mamaroneck,  Westchester  county,  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 areas.
    6    The legislature further finds that a residential parking system  would
    7  be  in  the public interest.  The legislature further finds that a resi-
    8  dential  parking  system  will  reduce  such  hazards  and  will  reduce
    9  pollution  levels  as  well. The legislature, therefore, hereby declares
   10  the necessity of this act to authorize  the  village  of  Mamaroneck  to
   11  adopt  a  residential  parking  permit  system  in  accordance  with the
   12  provisions of this act.
   13    S 2. The vehicle and traffic law is amended by adding  a  new  section
   14  1640-o to read as follows:
   15    S  1640-O.  RESIDENTIAL PARKING SYSTEM IN THE VILLAGE OF MAMARONECK IN
   16  THE COUNTY OF WESTCHESTER. 1. NOTWITHSTANDING THE PROVISIONS OF ANY  LAW
   17  TO THE CONTRARY, THE BOARD OF TRUSTEES OF THE VILLAGE OF MAMARONECK MAY,
   18  BY ADOPTION OF A LOCAL LAW OR ORDINANCE, PROVIDE FOR A RESIDENTIAL PARK-
   19  ING  PERMIT SYSTEM AND FIX AND REQUIRE THE PAYMENT OF FEES APPLICABLE TO
   20  PARKING WITHIN THE AREA IN WHICH SUCH PARKING SYSTEM  IS  IN  EFFECT  IN
   21  ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11111-04-5
       S. 5436--A                          2
    1    2.  SUCH  RESIDENTIAL  PARKING  PERMIT  SYSTEM MAY ONLY BE ESTABLISHED
    2  WITHIN THE AREA OF THE VILLAGE CONSISTING OF THE FOLLOWING ROADWAYS:
    3    (A) UNION AVENUE, FROM HALSTEAD AVENUE TO TOMPKINS AVENUE;
    4    (B) MELBOURNE AVENUE, FROM HALSTEAD AVENUE TO TOMPKINS AVENUE;
    5    (C) HINMAN PLACE, FROM MELBOURNE AVENUE TO UNION AVENUE;
    6    (D) ANITA LANE, FROM UNION AVENUE TO THE DEAD END;
    7    (E) VALLEY PLACE, FROM WARD AVENUE TO THE DEAD END;
    8    (F) WARD AVENUE, FROM UNION AVENUE TO SPENCER PLACE;
    9    (G) STANLEY AVENUE, FROM MT. PLEASANT AVENUE TO FENIMORE ROAD;
   10    (H) WAVERLY AVENUE, FROM PLAZA AVENUE TO MAMARONECK AVENUE;
   11    (I) CENTER AVENUE, FROM PLAZA AVENUE TO OLD WHITE PLAINS ROAD;
   12    (J) MADISON STREET, FROM PLAZA AVENUE TO OLD WHITE PLAINS ROAD;
   13    (K) WASHINGTON STREET, FROM PLAZA AVENUE TO OLD WHITE PLAINS ROAD;
   14    (L) GRAND STREET, FROM PLAZA AVENUE TO OLD WHITE PLAINS ROAD, AND FROM
   15  OLD WHITE PLAINS ROAD TO MAMARONECK AVENUE;
   16    (M)  ALLING  STREET  AND PELHAM STREET, FROM GRAND STREET TO OLD WHITE
   17  PLAINS ROAD;
   18    (N) NEW STREET, FROM OLD WHITE PLAINS ROAD TO MAMARONECK AVENUE;
   19    (O) WILLOW STREET, FROM JEFFERSON AVENUE TO THE DEAD END;
   20    (P) JEFFERSON AVENUE, FROM JEFFERSON STREET TO CEDAR STREET;
   21    (Q) GRADE STREET, FROM JEFFERSON AVENUE TO THE DEAD END;
   22    (R) THE NORTH-WEST SIDE OF BISHOP AVENUE, FROM THE  NORTH-WEST  CORNER
   23  OF THE PROPERTY LINE OF 420 MOUNT PLEASANT AVENUE TO FENIMORE ROAD.
   24    3. NOTWITHSTANDING THE FOREGOING, NO PERMIT SHALL BE REQUIRED ON THOSE
   25  PORTIONS  OF  SUCH  STREETS  WHERE THE ADJACENT PROPERTIES ARE ZONED FOR
   26  COMMERCIAL/RETAIL USE.
   27    4. THE LOCAL LAW OR ORDINANCE PROVIDING FOR SUCH  RESIDENTIAL  PARKING
   28  SYSTEM SHALL:
   29    (A)  SET  FORTH  FACTORS  NECESSITATING  THE ENACTMENT OF SUCH PARKING
   30  SYSTEM;
   31    (B) PROVIDE THAT MOTOR VEHICLES REGISTERED PURSUANT  TO  SECTION  FOUR
   32  HUNDRED  FOUR-A OF THIS CHAPTER SHALL BE EXEMPT FROM ANY PERMIT REQUIRE-
   33  MENT;
   34    (C) PROVIDE THE TIMES OF THE DAY AND DAYS OF  THE  WEEK  DURING  WHICH
   35  PERMIT REQUIREMENTS SHALL BE IN EFFECT;
   36    (D)  MAKE NOT LESS THAN TWENTY PERCENT OF THE SPACES WITHIN THE PERMIT
   37  AREA AVAILABLE TO NONRESIDENTS, AND SHALL PROVIDE SHORT TERM PARKING  OF
   38  NOT LESS THAN SIXTY MINUTES IN DURATION IN THE PERMIT AREA;
   39    (E) PROVIDE THE SCHEDULE OF FEES TO BE PAID FOR SUCH PERMITS; AND
   40    (F)  PROVIDE  THAT  SUCH FEES SHALL BE CREDITED TO THE GENERAL FUND OF
   41  THE VILLAGE OF MAMARONECK UNLESS OTHERWISE SPECIFIED IN SUCH LOCAL LAW.
   42    5. NO LOCAL LAW OR ORDINANCE SHALL BE ADOPTED PURSUANT TO THIS SECTION
   43  UNTIL A PUBLIC HEARING ON SUCH ORDINANCE HAS BEEN HAD IN THE SAME MANNER
   44  AS REQUIRED FOR PUBLIC HEARINGS ON A LOCAL LAW PURSUANT TO THE MUNICIPAL
   45  HOME RULE LAW.
   46    6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY STATE HIGHWAY
   47  MAINTAINED BY THE STATE.
   48    S 3. This act shall take effect immediately.
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