STATE OF NEW YORK
________________________________________________________________________
760
2015-2016 Regular Sessions
IN SENATE(Prefiled)
January 7, 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
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-o to read as follows:
13 § 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) Maple Street, from Carlton Street to High Street;
23 (b) Mulberry Street, from Carlton Street to High Street;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01408-02-5
S. 760 2
1 (c) Locust Street, from Carlton Street to High Street;
2 (d) Lemon Street, from Carlton Street to High Street;
3 (e) Carlton Street, from Maple Street to Lemon Street; and
4 (f) High Street, from Maple Street to Lemon Street.
5 3. Notwithstanding the provisions of this section, no permit shall be
6 required on streets where the adjacent properties are zoned for commer-
7 cial, office and/or retail use.
8 4. The local law providing for such residential parking permit system
9 shall:
10 (a) Set forth factors necessitating the enactment of such parking
11 system;
12 (b) Provide that motor vehicles registered pursuant to section four
13 hundred four-a of this chapter shall be exempt from any permit require-
14 ment;
15 (c) Provide the times of the day and the days of the week during which
16 permit requirements shall be in effect;
17 (d) Make not less than twenty percent of all spaces within the permit
18 area or areas available to nonresidents which shall provide short-term
19 parking of not less than ninety minutes in duration in such area or
20 areas;
21 (e) Provide the schedule of fees to be paid for residential permits;
22 and
23 (f) Provide that such fees shall be credited to the general fund of
24 the city of Buffalo.
25 5. No local law or ordinance shall be adopted pursuant to this section
26 until a public hearing thereon has been held by the common council of
27 the city of Buffalo concerning the designation of the certain area or
28 areas in which said parking permit system is to be implemented.
29 § 3. This act shall take effect immediately and shall remain in full
30 force and effect for a period of 730 days after the implementation of
31 the local law or ordinance adopted by the city of Buffalo pursuant to
32 section 1640-o of the vehicle and traffic law as added by section two of
33 this act at which time this act shall expire and be deemed repealed;
34 provided that the city of Buffalo shall notify the legislative bill
35 drafting commission upon the occurence of the enactment of the legis-
36 lation provided for in section 2 of this act in order that the commis-
37 sion may maintain an accurate and timely effective data base of the
38 official text of the laws of the state of New York in furtherance of
39 effectuating the provisions of section 44 of the legislative law and
40 section 70-b of the public officers law.