S T A T E O F N E W Y O R K
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9043--A
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 -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14962-05-4
S. 9043--A 2
2. SUCH RESIDENTIAL PARKING PERMIT SYSTEM MAY ONLY BE ESTABLISHED
WITHIN THE AREA OF THE VILLAGE WHICH SHALL MEAN THAT AREA GENERALLY
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.