Bill Text: NY A07574 | 2015-2016 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 2-0)

Status: (Passed) 2016-07-21 - signed chap.108 [A07574 Detail]

Download: New_York-2015-A07574-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7574--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 19, 2015
                                      ___________
       Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
         Committee on Transportation --  committee  discharged,  bill  amended,
         ordered reprinted as amended and recommitted to said committee
       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) MICHIGAN AVENUE, FROM BFNC DRIVE TO NORTH STREET;
   23    (B) MAPLE STREET, FROM BFNC DRIVE TO NORTH STREET;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11063-03-5
       A. 7574--A                          2
    1    (C) MULBERRY STREET, FROM BFNC DRIVE TO NORTH STREET;
    2    (D) LOCUST STREET, FROM BFNC DRIVE TO NORTH STREET;
    3    (E) LEMON STREET, FROM BFNC DRIVE TO NORTH STREET;
    4    (F) ORANGE STREET, FROM BFNC DRIVE TO NORTH STREET;
    5    (G) PEACH STREET, FROM BFNC DRIVE TO NORTH STREET;
    6    (H) GRAPE STREET, FROM BFNC DRIVE TO NORTH STREET;
    7    (I) ROSE STREET, FROM BFNC DRIVE TO NORTH STREET;
    8    (J) HIGH STREET, FROM MICHIGAN STREET TO ROSE STREET;
    9    (K) CARLTON STREET, FROM MICHIGAN STREET TO ROSE STREET;
   10    (L) VIRGINIA STREET, FROM MICHIGAN STREET TO ROSE STREET;
   11    (M) BFNC DRIVE, FROM MICHIGAN STREET TO ROSE STREET; AND
   12    (N) NORTH STREET, FROM MICHIGAN STREET TO ROSE STREET.
   13    3.  NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, NO PERMIT SHALL BE
   14  REQUIRED ON STREETS WHERE THE ADJACENT PROPERTIES ARE ZONED FOR  COMMER-
   15  CIAL, OFFICE AND/OR RETAIL USE.
   16    4.  THE LOCAL LAW PROVIDING FOR SUCH RESIDENTIAL PARKING PERMIT SYSTEM
   17  SHALL:
   18    (A) SET FORTH FACTORS NECESSITATING  THE  ENACTMENT  OF  SUCH  PARKING
   19  SYSTEM;
   20    (B)  PROVIDE  THAT  MOTOR VEHICLES REGISTERED PURSUANT TO SECTION FOUR
   21  HUNDRED FOUR-A OF THIS CHAPTER SHALL BE EXEMPT FROM ANY PERMIT  REQUIRE-
   22  MENT;
   23    (C) PROVIDE THE TIMES OF THE DAY AND THE DAYS OF THE WEEK DURING WHICH
   24  PERMIT REQUIREMENTS SHALL BE IN EFFECT;
   25    (D)  MAKE NOT LESS THAN TWENTY PERCENT OF ALL SPACES WITHIN THE PERMIT
   26  AREA OR AREAS AVAILABLE TO NONRESIDENTS WHICH SHALL  PROVIDE  SHORT-TERM
   27  PARKING  OF  NOT  LESS  THAN  NINETY MINUTES IN DURATION IN SUCH AREA OR
   28  AREAS;
   29    (E) PROVIDE THE SCHEDULE OF FEES TO BE PAID FOR  RESIDENTIAL  PERMITS;
   30  AND
   31    (F)  PROVIDE  THAT  SUCH FEES SHALL BE CREDITED TO THE GENERAL FUND OF
   32  THE CITY OF BUFFALO.
   33    5. NO LOCAL LAW OR ORDINANCE SHALL BE ADOPTED PURSUANT TO THIS SECTION
   34  UNTIL A PUBLIC HEARING THEREON HAS BEEN HELD BY THE  COMMON  COUNCIL  OF
   35  THE  CITY  OF  BUFFALO CONCERNING THE DESIGNATION OF THE CERTAIN AREA OR
   36  AREAS IN WHICH SAID PARKING PERMIT SYSTEM IS TO BE IMPLEMENTED.
   37    S 3. This act shall take effect immediately and shall remain  in  full
   38  force  and  effect  for a period of 730 days after the implementation of
   39  the local law or ordinance adopted by the city of  Buffalo  pursuant  to
   40  section 1640-o of the vehicle and traffic law as added by section two of
   41  this act at which time this act shall expire and be deemed repealed. The
   42  city  of  Buffalo  shall notify the legislative bill drafting commission
   43  upon the occurrence of such implementation or adoption in order that the
   44  commission may maintain an accurate and timely effective  data  base  of
   45  the official text of the laws of the state of New York in furtherance of
   46  effectuating  the  provisions  of  section 44 of the legislative law and
   47  section 70-b of the public officers law.