S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  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.