STATE OF NEW YORK
________________________________________________________________________
5306--E
2015-2016 Regular Sessions
IN SENATE
May 13, 2015
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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 -- recommitted to
the Committee on Transportation in accordance with Senate Rule 6, sec.
8 -- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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 § 2. The vehicle and traffic law is amended by adding a new section
12 1640-p to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11063-13-6
S. 5306--E 2
1 § 1640-p. Pilot residential parking permit system in the city of
2 Buffalo. 1. Notwithstanding the provisions of any law to the contrary,
3 the city of Buffalo may, by adoption of a local law or ordinance,
4 provide for a residential parking permit system and fix and require the
5 payment of fees applicable to parking within the area in which such
6 parking system is in effect in accordance with the provisions of this
7 section.
8 2. Such residential parking permit system may only be established
9 within the area of the city of Buffalo consisting of the following road-
10 ways:
11 (a) Maple Street, from BFNC Drive to North Street;
12 (b) Mulberry Street, from BFNC Drive to North Street;
13 (c) Locust Street, from BFNC Drive to North Street;
14 (d) Lemon Street, from BFNC Drive to North Street;
15 (e) Orange Street, from BFNC Drive to North Street;
16 (f) Peach Street, from BFNC Drive to North Street;
17 (g) Grape Street, from BFNC Drive to North Street;
18 (h) Rose Street, from BFNC Drive to North Street;
19 (i) High Street, from Michigan Avenue to Rose Street;
20 (j) Carlton Street, from Maple Street to Rose Street;
21 (k) Virginia Street, from Maple Street to BFNC Drive; and
22 (l) North Street, from Maple Street to Rose Street.
23 3. Notwithstanding the foregoing, no permit shall be required on
24 streets where the adjacent properties are zoned for commercial, office
25 and/or retail use.
26 4. The local law or ordinance providing for such residential parking
27 permit system shall:
28 (a) Set forth factors necessitating the enactment of such parking
29 system;
30 (b) Provide that motor vehicles registered pursuant to section four
31 hundred four-a of this chapter shall be exempt from any permit require-
32 ment;
33 (c) Provide the times of the day and the days of the week during which
34 permit requirements shall be in effect;
35 (d) Make not less than twenty percent of all spaces within the permit
36 area available to nonresidents and shall provide short-term parking of
37 not less than ninety minutes in duration in such area;
38 (e) Provide the schedule of fees to be paid for such permits; and
39 (f) Provide that such fees shall be credited to the general fund of
40 the city of Buffalo.
41 5. No ordinance shall be adopted pursuant to this section until a
42 public hearing thereon has been had in the same manner as required for
43 public hearings on a local law pursuant to the municipal home rule law.
44 § 3. This act shall take effect immediately and shall remain in full
45 force and effect for a period of 730 days after the implementation of
46 the local law or ordinance adopted by the city of Buffalo pursuant to
47 section 1640-p of the vehicle and traffic law as added by section two of
48 this act at which time this act shall expire and be deemed repealed. The
49 city of Buffalo shall notify the legislative bill drafting commission
50 upon the occurrence of such implementation or adoption in order that the
51 commission may maintain an accurate and timely effective data base of
52 the official text of the laws of the state of New York in furtherance of
53 effectuating the provisions of section 44 of the legislative law and
54 section 70-b of the public officers law.