S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9963--A
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section 1. Legislative findings and intent. The legislature finds that
 there is a lack of parking for residents of the Washington  Park  neigh-
 borhood  in  the village of Port Chester and residents have increasingly
 found it difficult to park their automobiles overnight on the streets in
 their own neighborhoods given the scarcity of available parking  spaces.
 Vehicles  are  parked across sidewalks and blocking driveways as well as
 creating hazardous conditions on street corners. This has caused signif-
 icant safety issues, refuse and sanitation  problems,  traffic  hazards,
 congestion, air and noise pollution and other disturbances.  The village
 of  Port  Chester  is  the second most dense municipality in Westchester
 county and a residential parking permit program is  a  tool  that  would
 assist in mitigating this important issue.
   The  legislature, therefore, hereby declares the necessity of this act
 to authorize the village of Port Chester 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-s to read as follows:
   § 1640-S. RESIDENTIAL PARKING SYSTEM IN THE VILLAGE OF  PORT  CHESTER.
 1.    NOTWITHSTANDING  THE  PROVISIONS  OF  ANY LAW TO THE CONTRARY, THE
 VILLAGE BOARD OF TRUSTEES  OF  THE  VILLAGE  OF  PORT  CHESTER  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.
   2. SUCH RESIDENTIAL PARKING PERMIT  SYSTEM  MAY  ONLY  BE  ESTABLISHED
 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.
              

                                                            LBD14962-04-4
 A. 9963--A                          2
 
 BOUNDED BY THE FOLLOWING:  ALL OF THAT AREA BEGINNING AT FRANKLIN STREET
 AND THE WESTERLY BORDER OF THE VILLAGE OF PORT CHESTER;  THENCE  RUNNING
 EASTERLY  ON  FRANKLIN  STREET  TO  SOUTH  REGENT STREET; THENCE RUNNING
 NORTHERLY  ON  SOUTH REGENT STREET TO WESTCHESTER AVENUE; THENCE RUNNING
 EASTERLY ON WESTCHESTER AVENUE TO PEARL STREET; THENCE RUNNING SOUTHERLY
 ON PEARL STREET TO BOSTON POST ROAD; THENCE RUNNING SOUTHERLY ON  BOSTON
 POST  ROAD TO THE SOUTHERN BORDER OF THE VILLAGE OF PORT CHESTER; THENCE
 RUNNING .15 MILES WESTERLY AND THEN NORTHERLY ALONG THE  BORDER  BETWEEN
 THE  VILLAGE  OF  PORT  CHESTER  AND THE CITY OF RYE TO A POINT WHERE IT
 INTERSECTS WITH FRANKLIN STREET,  THE  PLACE  OF  BEGINNING.    FOR  THE
 PURPOSES  OF THIS SUBDIVISION, PERMIT PARKING MAY BE IMPLEMENTED ON BOTH
 SIDES OF ANY STREET WHOSE CENTER LINE IS HEREIN UTILIZED AS  A  BOUNDARY
 DESCRIPTION;  PROVIDED,  HOWEVER, THAT EXCEPT FOR THE REFERENCE TO STATE
 HIGHWAYS AND TO WESTCHESTER AVENUE  AND  PEARL  STREET  SOLELY  FOR  THE
 PURPOSES  OF  DELINEATING  THE  BOUNDARIES OF THE AREA DESCRIBED IN THIS
 SUBDIVISION, THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY STATE
 HIGHWAY MAINTAINED BY THE STATE  NOR  TO  WESTCHESTER  AVENUE  OR  PEARL
 STREET.
   3.  NOTWITHSTANDING  THE  FOREGOING,  NO  PERMIT  SHALL BE REQUIRED ON
 STREETS OR PORTIONS 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 FIFTEEN 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 VILLAGE.
   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.