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

Download: New_York-2015-S05306-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5306--C
           Cal. No. 1222
                              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 -- reported
         favorably from said committee, ordered to  first  report,  amended  on
         first  report,  ordered  to  a  second  report  and ordered reprinted,
         retaining its place in the order of second  report  --  ordered  to  a
         third  reading,  amended and ordered reprinted, retaining its place in
         the order of third reading -- again  amended  and  ordered  reprinted,
         retaining its place in the order of third reading
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11063-10-5
       S. 5306--C                          2
    1  PARKING  SYSTEM  IS  IN EFFECT IN ACCORDANCE WITH THE PROVISIONS OF THIS
    2  SECTION.
    3    2.  SUCH  RESIDENTIAL  PARKING  PERMIT  SYSTEM MAY ONLY BE ESTABLISHED
    4  WITHIN THE AREA OF THE CITY OF BUFFALO CONSISTING OF THE FOLLOWING ROAD-
    5  WAYS:
    6    (A) MAPLE STREET, FROM VIRGINIA STREET TO NORTH STREET;
    7    (B) MULBERRY STREET, FROM VIRGINIA STREET TO NORTH STREET;
    8    (C) LOCUST STREET, FROM VIRGINIA STREET TO NORTH STREET;
    9    (D) LEMON STREET, FROM VIRGINIA STREET TO NORTH STREET;
   10    (E) ORANGE STREET, FROM VIRGINIA STREET TO NORTH STREET;
   11    (F) PEACH STREET, FROM VIRGINIA STREET TO NORTH STREET;
   12    (G) GRAPE STREET, FROM VIRGINIA STREET TO NORTH STREET;
   13    (H) ROSE STREET, FROM BFNC DRIVE TO NORTH STREET;
   14    (I) HIGH STREET, FROM MAPLE STREET TO ROSE STREET;
   15    (J) CARLTON STREET, FROM MAPLE STREET TO ROSE STREET;
   16    (K) VIRGINIA STREET, FROM MAPLE STREET TO BFNC DRIVE; AND
   17    (L) NORTH STREET, FROM MAPLE STREET 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.