S T A T E O F N E W Y O R K
S. 396--A A. 1039--A
2009-2010 Regular Sessions
S E N A T E - A S S E M B L Y
January 7, 2009
IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Transporta-
tion -- recommitted to the Committee on Transportation in accordance
with Senate Rule 6, sec. 8 -- reported favorably from said committee
and committed to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
IN ASSEMBLY -- Introduced by M. of A. McENENY -- read once and referred
to the Committee on Transportation -- recommitted to the Committee on
Transportation in accordance with Assembly Rule 3, sec. 2 -- 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 authorizing
a pilot residential parking permit system in the city of Albany and
providing for the repeal of such provisions upon expiration thereof
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
a lack of parking for residents of certain areas of the city of Albany
has resulted in traffic hazards, congestion and air and noise pollution.
In addition, such lack of parking poses a hazard to residents and other
pedestrians in such areas.
The legislature further finds that a pilot residential parking permit
system will reduce such hazards and will reduce pollution levels as
well. The legislature, therefore, recognizing that alternate, off-street
parking spaces have become available for workers commuting to the down-
town area, hereby declares the necessity of this act to authorize the
city of Albany to adopt a pilot residential parking permit system in
accordance with the provisions of this act.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 396--A 2 A. 1039--A
S 2. The vehicle and traffic law is amended by adding a new section
1640-m to read as follows:
S 1640-M. PILOT RESIDENTIAL PARKING PERMIT SYSTEM IN THE CITY OF ALBA-
NY. 1. NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE
CITY OF ALBANY 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 CERTAIN AREAS OF THE CITY OR AS DELIN-
EATED BY THE COMMON COUNCIL OF THE CITY OF ALBANY IN ACCORDANCE WITH THE
PROVISIONS OF THIS SECTION.
2. SUCH RESIDENTIAL PARKING PERMIT SYSTEM MAY ONLY BE ESTABLISHED
WITHIN THE AREAS OF THE CITY OF ALBANY DESCRIBED AS FOLLOWS: AN AREA
WITHIN THREE-QUARTERS OF A MILE RADIUS OF THE NELSON A. ROCKEFELLER
EMPIRE STATE PLAZA. THE PERMITTED STREETS WITHIN THIS AREA SHALL BE
DESCRIBED IN A LOCAL LAW OR ORDINANCE ADOPTED BY THE COMMON COUNCIL OF
THE CITY OF ALBANY PURSUANT TO THIS SECTION.
3. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, NO PERMIT SHALL BE
REQUIRED ON STREETS WHERE THE ADJACENT PROPERTIES ARE ZONED FOR COMMER-
CIAL, OFFICE AND/OR RETAIL USE.
4. THE LOCAL LAW PROVIDING FOR SUCH RESIDENTIAL PARKING PERMIT SYSTEM
A. SET FORTH THE SPECIFIC FACTORS WHICH NECESSITATE THE IMPLEMENTATION
OF SAID SYSTEM AND SHALL INCLUDE, BUT NOT BE LIMITED TO, FINDINGS OF
FACTS AS TO THE EXISTENCE OF SUCH TRAFFIC HAZARDS, CONGESTION AND AIR
AND NOISE POLLUTION WITHIN ANY SUCH AREAS;
B. PROVIDE THAT MOTOR VEHICLES REGISTERED PURSUANT TO SECTION FOUR
HUNDRED FOUR-A OF THIS CHAPTER SHALL BE EXEMPT FROM ANY PERMIT REQUIRE-
C. PROVIDE THE TIMES OF THE DAY AND THE DAYS OF THE WEEK DURING WHICH
PERMIT REQUIREMENTS SHALL BE IN EFFECT;
D. MAKE NOT LESS THAN TWENTY PERCENT OF ALL SPACES WITHIN THE PERMIT
AREA OR AREAS AVAILABLE TO NONRESIDENTS WHICH SHALL PROVIDE SHORT-TERM
PARKING OF NOT LESS THAN NINETY MINUTES IN DURATION IN SUCH AREA OR
E. MAKE NOT MORE THAN TWO THOUSAND SEVEN HUNDRED FIFTY OF THE APPROXI-
MATELY NINE THOUSAND RESIDENTIAL SPACES WITHIN THE PERMIT AREA OR AREAS
AVAILABLE FOR RESIDENTIAL PARKING BY PERMIT;
F. PROVIDE THE SCHEDULE OF FEES TO BE PAID FOR RESIDENTIAL PERMITS;
G. PROVIDE THAT SUCH FEES SHALL BE CREDITED TO THE GENERAL FUND OF THE
CITY OF ALBANY.
5. NO LOCAL LAW OR ORDINANCE SHALL BE ADOPTED PURSUANT TO THIS SECTION
UNTIL A PUBLIC HEARING THEREON HAS BEEN HELD BY THE COMMON COUNCIL OF
THE CITY OF ALBANY CONCERNING THE DESIGNATION OF THE CERTAIN AREA OR
AREAS IN WHICH SAID PARKING PERMIT SYSTEM IS TO BE IMPLEMENTED.
S 3. This act shall take effect immediately and shall remain in full
force and effect for a period of 730 days after the implementation of
the local law or ordinance adopted by the city of Albany pursuant to
section 1640-m of the vehicle and traffic law as added by section two of
this act at which time this act shall expire and be deemed repealed.