S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7083
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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.
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 1640-q to read as follows:
   §  1640-Q.  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.
   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;
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00794-01-7

 S. 7083                             2
 
   (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.
   § 3. This act shall take effect immediately.