S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9043
 
                             I N  S E N A T E
 
                              April 11, 2024
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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 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.
 The village of Port Chester is the second  most  dense  municipality  in
 Westchester  county  and  a  resident parking permit program requiring a
 permit for overnight street parking is a tool that would assist in miti-
 gating 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 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  SPECIFIED  AREA  OF THE VILLAGE OF PORT CHESTER WHICH SHALL
 MEAN THAT AREA GENERALLY BOUNDED ON THE WESTERLY  SIDE  BY  THE  VILLAGE
 BORDER, UP TO AND INCLUDING FRANKLIN STREET, EAST TO AND INCLUDING SOUTH
 REGENT STREET, RUNNING NORTH TO, BUT NOT INCLUDING WESTCHESTER AVE, EAST
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14962-01-4
              

 S. 9043                             2
 
 TO  AND  NOT  INCLUDING PEARL STREET, SOUTH TO, BUT NOT INCLUDING BOSTON
 POST ROAD, TO THE SOUTHERN BORDER OF THE VILLAGE.
   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 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.