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A09963 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                     April 26, 2024
        Introduced  by  M. of A. OTIS -- read once and referred to the Committee
          on Transportation  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the vehicle and traffic law, in relation to implementing
          a residential parking system in the village of Port Chester

          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  there is a lack of parking for residents of the Washington  Park  neigh-
     3  borhood  in  the village of Port Chester and residents have increasingly
     4  found it difficult to park their automobiles overnight on the streets in
     5  their own neighborhoods given the scarcity of available parking  spaces.
     6  Vehicles  are  parked across sidewalks and blocking driveways as well as
     7  creating hazardous conditions on street corners. This has caused signif-
     8  icant safety issues, refuse and sanitation  problems,  traffic  hazards,
     9  congestion, air and noise pollution and other disturbances.  The village
    10  of  Port  Chester  is  the second most dense municipality in Westchester
    11  county and a residential parking permit program is  a  tool  that  would
    12  assist in mitigating this important issue.
    13    The  legislature, therefore, hereby declares the necessity of this act
    14  to authorize the village of Port Chester in the county of Westchester to
    15  adopt a  residential  parking  permit  system  in  accordance  with  the
    16  provisions of this act.
    17    §  2.  The  vehicle and traffic law is amended by adding a new section
    18  1640-s to read as follows:
    19    § 1640-s. Residential parking system in the village of  Port  Chester.
    20  1.    Notwithstanding  the  provisions  of  any law to the contrary, the
    21  village board of trustees  of  the  village  of  Port  Chester  may,  by
    22  adoption  of a local law or ordinance, provide for a residential parking
    23  permit system and fix and require the  payment  of  fees  applicable  to
    24  parking  within  the  area  in which such parking system is in effect in
    25  accordance with the provisions of this section.
    26    2. Such residential parking permit  system  may  only  be  established
    27  within  the  area  of  the  village which shall mean that area generally
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 9963--A                          2
     1  bounded by the following:  All of that area beginning at Franklin Street
     2  and the westerly border of the village of Port Chester;  thence  running
     3  easterly  on  Franklin  Street  to  South  Regent Street; thence running
     4  northerly  on  South Regent Street to Westchester Avenue; thence running
     5  easterly on Westchester Avenue to Pearl Street; thence running southerly
     6  on Pearl Street to Boston Post Road; thence running southerly on  Boston
     7  Post  Road to the southern border of the village of Port Chester; thence
     8  running .15 miles westerly and then northerly along the  border  between
     9  the  village  of  Port  Chester  and the city of Rye to a point where it
    10  intersects with Franklin Street,  the  place  of  beginning.    For  the
    11  purposes  of this subdivision, permit parking may be implemented on both
    12  sides of any street whose center line is herein utilized as  a  boundary
    13  description;  provided,  however, that except for the reference to state
    14  highways and to Westchester Avenue  and  Pearl  Street  solely  for  the
    15  purposes  of  delineating  the  boundaries of the area described in this
    16  subdivision, the provisions of this section shall not apply to any state
    17  highway maintained by the state  nor  to  Westchester  Avenue  or  Pearl
    18  Street.
    19    3.  Notwithstanding  the  foregoing,  no  permit  shall be required on
    20  streets or portions of streets where the adjacent properties  are  zoned
    21  for commercial/retail use.
    22    4.  The  local law or ordinance providing for such residential parking
    23  system shall:
    24    (a) set forth factors necessitating  the  enactment  of  such  parking
    25  system; and
    26    (b)  provide  that  motor vehicles registered pursuant to section four
    27  hundred four-a of this chapter shall be exempt from any permit  require-
    28  ment; and
    29    (c)  provide  the  times  of the day and days of the week during which
    30  permit requirements shall be in effect; and
    31    (d) make not less than fifteen percent of all spaces within the permit
    32  area available to non-residents and shall provide short-term parking  of
    33  not less than ninety minutes in duration in such area; and
    34    (e) provide the schedule of fees to be paid for such permits; and
    35    (f)  provide  that  such fees shall be credited to the general fund of
    36  the village.
    37    5. No ordinance shall be adopted pursuant  to  this  section  until  a
    38  public  hearing  thereon has been had in the same manner as required for
    39  public hearings on a local law pursuant to the municipal home rule law.
    40    § 3. This act shall take effect immediately.
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