S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   795

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- 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 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:

  Section 1. Legislative findings and intent. The legislature finds that
a lack of parking for residents of the city of New York has resulted  in
traffic  hazards,  congestion  and air and noise pollution. In addition,
such lack of parking poses a hazard to residents and  other  pedestrians
in such areas.
  The  legislature  further finds that a residential parking system will
reduce such hazards and will reduce pollution levels as well. The legis-
lature, therefore, declares the necessity of this act to  authorize  the
city  of  New  York  to adopt a residential parking system in accordance
with the provisions of this act.
  S 2. The vehicle and traffic law is amended by adding  a  new  section
1640-n to read as follows:
  S  1640-N.  RESIDENTIAL  PARKING  SYSTEM  IN  THE CITY OF NEW YORK. 1.
NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE  CITY  OF
NEW  YORK  MAY,  BY  ADOPTION OF A LOCAL LAW OR ORDINANCE, PROVIDE FOR A
RESIDENTIAL PARKING PERMIT SYSTEM AND FIX AND  REQUIRE  THE  PAYMENT  OF
FEES  APPLICABLE  TO PARKING WITHIN CERTAIN AREAS OF THE CITY IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS SECTION.
  2. NO PERMIT SHALL BE REQUIRED ON STREETS WHERE THE  ADJACENT  PROPER-
TIES ARE ZONED FOR COMMERCIAL OR RETAIL USE.
  3.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THOSE SPACES IN
THE PERMIT AREAS WHICH, AS OF THE EFFECTIVE DATE OF THIS  SECTION,  HAVE
METERED OR HIGHLY RESTRICTED PARKING REGULATIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01987-01-3
              

S. 795                              2

  4.  THE  LOCAL LAW OR ORDINANCE PROVIDING FOR SUCH RESIDENTIAL PARKING
SYSTEM SHALL:
  (A)  SET  FORTH  THE  FACTORS  WHICH NECESSITATE THE ENACTMENT OF SUCH
PARKING SYSTEM;
  (B) PROVIDE THAT MOTOR VEHICLES REGISTERED PURSUANT  TO  SECTION  FOUR
HUNDRED  FOUR-A OF THIS CHAPTER SHALL BE EXEMPT FROM ANY PERMIT REQUIRE-
MENT;
  (C) PROVIDE THE TIMES OF THE DAY AND THE DAYS OF THE WEEK DURING WHICH
PERMIT REQUIREMENTS SHALL BE IN EFFECT;
  (D) MAKE NOT LESS THAN TWENTY PERCENT OF ALL SPACES WITHIN THE  PERMIT
AREA OR AREAS AVAILABLE TO NONRESIDENTS AND SHALL PROVIDE FOR SHORT-TERM
PARKING  OF  NOT  LESS  THAN  NINETY MINUTES IN DURATION IN SUCH AREA OR
AREAS;
  (E) PROVIDE THE SCHEDULE OF FEES TO BE PAID FOR  RESIDENTIAL  PERMITS;
AND
  (F) PROVIDE THAT SUCH FEES SHALL BE CREDITED AS FOLLOWS:
  (1)  MONIES GENERATED BY THE SALE OF RESIDENTIAL PARKING PERMITS SHALL
BE CREDITED TO NEW YORK CITY TRANSIT,  AN  AGENCY  OF  THE  METROPOLITAN
TRANSPORTATION  AGENCY, STATE OF NEW YORK, AND SHALL BE UTILIZED FOR THE
PURPOSE OF UPGRADING AND IMPROVING THE NEW  YORK  CITY  SUBWAY  AND  BUS
SYSTEM; AND
  (2) MONIES GENERATED FROM FINES PAID IN CONNECTION WITH TICKETS ISSUED
TO  VEHICLES  WITHOUT A PERMIT STICKER FOR PARKING IN A RESIDENTIAL ZONE
WITHOUT A PERMIT STICKER SHALL BE CREDITED TO THE NEW YORK CITY  GENERAL
FUND.
  5. NO LOCAL LAW OR ORDINANCE SHALL BE ADOPTED PURSUANT TO THIS SECTION
UNTIL  A  PUBLIC  HEARING  THEREON  HAS  BEEN  HAD IN THE SAME MANNER AS
REQUIRED FOR PUBLIC HEARINGS ON A LOCAL LAW PURSUANT  TO  THE  MUNICIPAL
HOME RULE LAW.
  6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY STATE HIGHWAY
MAINTAINED BY THE STATE.
  S 3. This act shall take effect immediately.