Bill Text: NY S05306 | 2015-2016 | General Assembly | Introduced

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: (Introduced - Dead) 2016-06-17 - SUBSTITUTED BY A7574E [S05306 Detail]

Download: New_York-2015-S05306-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5306
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 13, 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) MICHIGAN AVENUE, FROM VIRGINIA STREET TO NORTH STREET;
   23    (B) MAPLE STREET, FROM VIRGINIA STREET TO NORTH STREET;
   24    (C) MULBERRY STREET, FROM VIRGINIA STREET TO NORTH STREET;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11063-02-5
       S. 5306                             2
    1    (D) LOCUST STREET, FROM VIRGINIA STREET TO NORTH STREET;
    2    (E) LEMON STREET, FROM VIRGINIA STREET TO NORTH STREET;
    3    (F) ORANGE STREET, FROM VIRGINIA STREET TO NORTH STREET;
    4    (G) PEACH STREET, FROM VIRGINIA STREET TO NORTH STREET;
    5    (H) GRAPE STREET, FROM VIRGINIA STREET TO NORTH STREET;
    6    (I) ROSE STREET, FROM VIRGINIA STREET TO NORTH STREET;
    7    (J) VIRGINIA STREET, FROM MICHIGAN STREET TO ROSE STREET; AND
    8    (K) NORTH STREET, FROM MICHIGAN STREET TO ROSE STREET.
    9    3.  NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, NO PERMIT SHALL BE
   10  REQUIRED ON STREETS WHERE THE ADJACENT PROPERTIES ARE ZONED FOR  COMMER-
   11  CIAL, OFFICE AND/OR RETAIL USE.
   12    4.  THE LOCAL LAW PROVIDING FOR SUCH RESIDENTIAL PARKING PERMIT SYSTEM
   13  SHALL:
   14    (A) SET FORTH FACTORS NECESSITATING  THE  ENACTMENT  OF  SUCH  PARKING
   15  SYSTEM;
   16    (B)  PROVIDE  THAT  MOTOR VEHICLES REGISTERED PURSUANT TO SECTION FOUR
   17  HUNDRED FOUR-A OF THIS CHAPTER SHALL BE EXEMPT FROM ANY PERMIT  REQUIRE-
   18  MENT;
   19    (C) PROVIDE THE TIMES OF THE DAY AND THE DAYS OF THE WEEK DURING WHICH
   20  PERMIT REQUIREMENTS SHALL BE IN EFFECT;
   21    (D)  MAKE NOT LESS THAN TWENTY PERCENT OF ALL SPACES WITHIN THE PERMIT
   22  AREA OR AREAS AVAILABLE TO NONRESIDENTS WHICH SHALL  PROVIDE  SHORT-TERM
   23  PARKING  OF  NOT  LESS  THAN  NINETY MINUTES IN DURATION IN SUCH AREA OR
   24  AREAS;
   25    (E) PROVIDE THE SCHEDULE OF FEES TO BE PAID FOR  RESIDENTIAL  PERMITS;
   26  AND
   27    (F)  PROVIDE  THAT  SUCH FEES SHALL BE CREDITED TO THE GENERAL FUND OF
   28  THE CITY OF BUFFALO.
   29    5. NO LOCAL LAW OR ORDINANCE SHALL BE ADOPTED PURSUANT TO THIS SECTION
   30  UNTIL A PUBLIC HEARING THEREON HAS BEEN HELD BY THE  COMMON  COUNCIL  OF
   31  THE  CITY  OF  BUFFALO CONCERNING THE DESIGNATION OF THE CERTAIN AREA OR
   32  AREAS IN WHICH SAID PARKING PERMIT SYSTEM IS TO BE IMPLEMENTED.
   33    S 3. This act shall take effect immediately and shall remain  in  full
   34  force  and  effect  for a period of 730 days after the implementation of
   35  the local law or ordinance adopted by the city of  Buffalo  pursuant  to
   36  section 1640-o of the vehicle and traffic law as added by section two of
   37  this act at which time this act shall expire and be deemed repealed. The
   38  city  of  Buffalo  shall notify the legislative bill drafting commission
   39  upon the occurrence of such implementation or adoption in order that the
   40  commission may maintain an accurate and timely effective  data  base  of
   41  the official text of the laws of the state of New York in furtherance of
   42  effectuating  the  provisions  of  section 44 of the legislative law and
   43  section 70-b of the public officers law.