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A04266 Summary:

MLTSPNSRAbinanti, Gibson, Lentol, Ortiz
Add S1640-n, V & T L
Authorizes the city of New York to provide for a residential parking permit system.
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A04266 Text:

                STATE OF NEW YORK
                               2011-2012 Regular Sessions
                   IN ASSEMBLY
                                    February 2, 2011
        Introduced  by M. of A. MILLMAN -- read once and referred to the Commit-
          tee on Transportation
        AN ACT to amend the vehicle and traffic law, in relation to  authorizing
          a residential parking permit system in the city of New York
          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 of the city of New York has resulted  in
     3  traffic  hazards,  congestion  and air and noise pollution. In addition,
     4  such lack of parking poses a hazard to residents and  other  pedestrians
     5  in such areas.
     6    The  legislature  further finds that a residential parking system will
     7  reduce such hazards and will reduce pollution levels as well. The legis-
     8  lature, therefore, declares the necessity of this act to  authorize  the
     9  city  of  New  York  to adopt a residential parking system in accordance
    10  with the provisions of this act.
    11    § 2. The vehicle and traffic law is amended by adding  a  new  section
    12  1640-n to read as follows:
    13    §  1640-n.  Residential  parking  system  in  the City of New York. 1.

    14  Notwithstanding the provisions of any law to the contrary, the  City  of
    15  New  York  may,  by  adoption of a local law or ordinance, provide for a
    16  residential parking permit system and fix and  require  the  payment  of
    17  fees  applicable  to parking within certain areas of the city in accord-
    18  ance with the provisions of this section.
    19    2. No permit shall be required on streets where the  adjacent  proper-
    20  ties are zoned for commercial or retail use.
    21    3.  The  provisions of this section shall not apply to those spaces in
    22  the permit areas which, as of the effective date of this  section,  have
    23  metered or highly restricted parking regulations.
    24    4.  The  local law or ordinance providing for such residential parking
    25  system shall:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 4266                             2
     1    (a) set forth the factors which  necessitate  the  enactment  of  such
     2  parking system;
     3    (b)  provide  that  motor vehicles registered pursuant to section four
     4  hundred four-a of this chapter shall be exempt from any permit  require-
     5  ment;
     6    (c) provide the times of the day and the days of the week during which
     7  permit requirements shall be in effect;
     8    (d)  make not less than twenty percent of all spaces within the permit

     9  area or areas available to nonresidents and shall provide for short-term
    10  parking of not less than ninety minutes in  duration  in  such  area  or
    11  areas;
    12    (e)  provide  the schedule of fees to be paid for residential permits;
    13  and
    14    (f) provide that such fees shall be credited as follows:
    15    (1) monies generated by the sale of residential parking permits  shall
    16  be  credited  to  New  York  City Transit, an agency of the Metropolitan
    17  Transportation Agency, State of New York, and shall be utilized for  the
    18  purpose  of  upgrading  and  improving  the New York City subway and bus
    19  system; and
    20    (2) monies generated from fines paid in connection with tickets issued

    21  to vehicles without a permit sticker for parking in a  residential  zone
    22  without  a permit sticker shall be credited to the New York City general
    23  fund.
    24    5. No local law or ordinance shall be adopted pursuant to this section
    25  until a public hearing thereon has  been  had  in  the  same  manner  as
    26  required  for  public  hearings on a local law pursuant to the municipal
    27  home rule law.
    28    6. The provisions of this section shall not apply to any state highway
    29  maintained by the state.
    30    § 3. This act shall take effect immediately.
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