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--B
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 19, 2015
                                      ___________
       Introduced  by M. of A. PEOPLES-STOKES -- Multi-Sponsored by -- M. of A.
         SIMON -- read once and referred to the Committee on Transportation  --
         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  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 THE AREA IN WHICH SUCH
   18  PARKING SYSTEM IS IN EFFECT IN ACCORDANCE WITH THE  PROVISIONS  OF  THIS
   19  SECTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11063-07-5
       A. 7574--B                          2
    1    2.  SUCH  RESIDENTIAL  PARKING  PERMIT  SYSTEM MAY ONLY BE ESTABLISHED
    2  WITHIN THE AREA OF THE CITY OF BUFFALO CONSISTING OF THE FOLLOWING ROAD-
    3  WAYS:
    4    (A) MICHIGAN AVENUE, FROM BFNC DRIVE TO NORTH STREET;
    5    (B) MAPLE STREET, FROM BFNC DRIVE TO NORTH STREET;
    6    (C) MULBERRY STREET, FROM BFNC DRIVE TO NORTH STREET;
    7    (D) LOCUST STREET, FROM BFNC DRIVE TO NORTH STREET;
    8    (E) LEMON STREET, FROM BFNC DRIVE TO NORTH STREET;
    9    (F) ORANGE STREET, FROM BFNC DRIVE TO NORTH STREET;
   10    (G) PEACH STREET, FROM BFNC DRIVE TO NORTH STREET;
   11    (H) GRAPE STREET, FROM BFNC DRIVE TO NORTH STREET;
   12    (I) ROSE STREET, FROM BFNC DRIVE TO NORTH STREET;
   13    (J) HIGH STREET, FROM MICHIGAN AVENUE TO ROSE STREET;
   14    (K) CARLTON STREET, FROM MICHIGAN AVENUE TO ROSE STREET;
   15    (L) VIRGINIA STREET, FROM MICHIGAN AVENUE TO BFNC DRIVE;
   16    (M) BFNC DRIVE, FROM MICHIGAN AVENUE TO ROSE STREET; AND
   17    (N) NORTH STREET, FROM MICHIGAN AVENUE TO ROSE STREET.
   18    3.  NOTWITHSTANDING  THE  FOREGOING,  NO  PERMIT  SHALL BE REQUIRED ON
   19  STREETS WHERE THE ADJACENT PROPERTIES ARE ZONED FOR  COMMERCIAL,  OFFICE
   20  AND/OR RETAIL USE.
   21    4.  THE  LOCAL LAW OR ORDINANCE PROVIDING FOR SUCH RESIDENTIAL PARKING
   22  PERMIT SYSTEM SHALL:
   23    (A) SET FORTH FACTORS NECESSITATING  THE  ENACTMENT  OF  SUCH  PARKING
   24  SYSTEM;
   25    (B)  PROVIDE  THAT  MOTOR VEHICLES REGISTERED PURSUANT TO SECTION FOUR
   26  HUNDRED FOUR-A OF THIS CHAPTER SHALL BE EXEMPT FROM ANY PERMIT  REQUIRE-
   27  MENT;
   28    (C) PROVIDE THE TIMES OF THE DAY AND THE DAYS OF THE WEEK DURING WHICH
   29  PERMIT REQUIREMENTS SHALL BE IN EFFECT;
   30    (D)  MAKE NOT LESS THAN TWENTY PERCENT OF ALL SPACES WITHIN THE PERMIT
   31  AREA AVAILABLE TO NONRESIDENTS AND SHALL PROVIDE SHORT-TERM  PARKING  OF
   32  NOT LESS THAN NINETY MINUTES IN DURATION IN SUCH AREA;
   33    (E) PROVIDE THE SCHEDULE OF FEES TO BE PAID FOR SUCH PERMITS; AND
   34    (F)  PROVIDE  THAT  SUCH FEES SHALL BE CREDITED TO THE GENERAL FUND OF
   35  THE CITY OF BUFFALO.
   36    5. NO ORDINANCE SHALL BE ADOPTED PURSUANT  TO  THIS  SECTION  UNTIL  A
   37  PUBLIC  HEARING  THEREON HAS BEEN HAD IN THE SAME MANNER AS REQUIRED FOR
   38  PUBLIC HEARINGS ON A LOCAL LAW PURSUANT TO THE MUNICIPAL HOME RULE LAW.
   39    S 3. This act shall take effect immediately and shall remain  in  full
   40  force  and  effect  for a period of 730 days after the implementation of
   41  the local law or ordinance adopted by the city of  Buffalo  pursuant  to
   42  section 1640-o of the vehicle and traffic law as added by section two of
   43  this act at which time this act shall expire and be deemed repealed. The
   44  city  of  Buffalo  shall notify the legislative bill drafting commission
   45  upon the occurrence of such implementation or adoption in order that the
   46  commission may maintain an accurate and timely effective  data  base  of
   47  the official text of the laws of the state of New York in furtherance of
   48  effectuating  the  provisions  of  section 44 of the legislative law and
   49  section 70-b of the public officers law.