S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9745
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced  by  M.  of  A. OTIS, PAULIN -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to implementing
   a residential parking system in the city of New Rochelle
 
   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 there is a severe shortage of parking for residents of the City  of
 New  Rochelle  in  the  residential area of Sutton Manor.  The residents
 living in the Sutton Manor neighborhood are  suffering  interference  to
 the  tranquility  and quiet enjoyment of their neighborhood by reason of
 visitors and users of the nearby  New  Rochelle  Station,  by  shoppers,
 diners  and  users  of  New  Rochelle's  downtown area, and by owners of
 commercial vehicles from the villages, towns, boroughs and cities neigh-
 boring Sutton Manor. Each of  the  foregoing  individuals  park  in  the
 Sutton  Manor as a free and convenient alternative to paid, permit park-
 ing in and around New Rochelle and its surroundings. This use has caused
 significant safety  issues,  refuse  and  sanitation  problems,  traffic
 hazards,  congestion,  air  and  noise  pollution and other disturbances
 which cumulatively have severely deteriorated the peace, tranquility and
 quality of life of the residents of this neighborhood.  The legislature,
 therefore, hereby declares the necessity of this act  to  authorize  the
 City of New Rochelle in the county of Westchester to adopt a residential
 parking permit system in accordance with the provisions of this act.
   §  2.  The  vehicle and traffic law is amended by adding a new section
 1640-r to read as follows:
   § 1640-R. RESIDENTIAL PARKING SYSTEM IN THE CITY OF NEW  ROCHELLE.  1.
 NOTWITHSTANDING  THE  PROVISIONS  OF  ANY  LAW TO THE CONTRARY, THE CITY
 COUNCIL OF THE CITY OF NEW ROCHELLE 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  THE  AREA  IN
 WHICH SUCH PARKING SYSTEM IS IN EFFECT IN ACCORDANCE WITH THE PROVISIONS
 OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14954-01-2
              

 A. 9745                             2
 
   2.  SUCH  RESIDENTIAL  PARKING  PERMIT  SYSTEM MAY ONLY BE ESTABLISHED
 WITHIN THE CITY OF NEW ROCHELLE ON FARRAGUT  CIRCLE,  DECATUR  ROAD  AND
 SUTTON MANOR ROAD.
   3.  NOTWITHSTANDING  THE  FOREGOING,  NO  PERMIT  SHALL BE REQUIRED ON
 STREETS OR PORTION OF STREETS WHERE THE ADJACENT  PROPERTIES  ARE  ZONED
 FOR COMMERCIAL/RETAIL USE.
   4.  THE  LOCAL LAW OR ORDINANCE PROVIDING FOR SUCH RESIDENTIAL PARKING
 SYSTEM SHALL:
   (A) SET FORTH FACTORS NECESSITATING  THE  ENACTMENT  OF  SUCH  PARKING
 SYSTEM; AND
   (B)  PROVIDE  THAT  MOTOR VEHICLES REGISTERED PURSUANT TO SECTION FOUR
 HUNDRED FOUR-A OF THIS CHAPTER SHALL BE EXEMPT FROM ANY PERMIT  REQUIRE-
 MENT; AND
   (C)  PROVIDE  THE  TIMES  OF THE DAY AND DAYS OF THE WEEK DURING WHICH
 PERMIT REQUIREMENTS SHALL BE IN EFFECT; AND
   (D) MAKE NOT LESS THAN TWENTY PERCENT OF ALL SPACES WITHIN THE  PERMIT
 AREA  AVAILABLE TO NON-RESIDENTS AND SHALL PROVIDE SHORT-TERM PARKING OF
 NOT LESS THAN NINETY MINUTES IN DURATION IN SUCH AREA; AND
   (E) PROVIDE THE SCHEDULE OF FEES TO BE PAID FOR SUCH PERMITS; AND
   (F) PROVIDE THAT SUCH FEES SHALL BE CREDITED TO THE  GENERAL  FUND  OF
 THE CITY.
   5.  NO  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.
   § 3. This act shall take effect immediately.