Assembly Bill A1039

                            
                    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

                               (PREFILED)

                             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-
  tee

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.
              

                                                           LBD00950-03-0

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
SHALL:
  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-
MENT;
  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
AREAS;
  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;
AND
  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.