The New York State Senate

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

    S. 1395                                                  A. 3957

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 29, 2009
                               ___________

IN  SENATE  --  Introduced  by  Sen.  SQUADRON -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Trans-
  portation

IN  ASSEMBLY -- Introduced by M. of A. MILLMAN -- read once and referred
  to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to  authorizing
  a residential parking permit system in the city of New York

  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 the city of New York 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 residential parking system will
reduce such hazards and will reduce pollution levels as well. The legis-
lature, therefore, declares the necessity of this act to  authorize  the
city  of  New  York  to adopt a residential parking system in accordance
with the provisions of this act.
  S 2. The vehicle and traffic law is amended by adding  a  new  section
1640-m to read as follows:
  S  1640-M.  RESIDENTIAL  PARKING  SYSTEM  IN  THE CITY OF NEW YORK. 1.
NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE CONTRARY, THE  CITY  OF
NEW  YORK  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 IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS SECTION.
  2. NO PERMIT SHALL BE REQUIRED ON STREETS WHERE THE  ADJACENT  PROPER-
TIES ARE ZONED FOR COMMERCIAL OR RETAIL USE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01562-05-9

S. 1395                             2                            A. 3957

  3.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THOSE SPACES IN
THE PERMIT AREAS WHICH, AS OF THE EFFECTIVE DATE OF THIS  SECTION,  HAVE
METERED OR HIGHLY RESTRICTED PARKING REGULATIONS.
  4.  THE  LOCAL LAW OR ORDINANCE PROVIDING FOR SUCH RESIDENTIAL PARKING
SYSTEM SHALL:
  (A) SET FORTH THE FACTORS WHICH  NECESSITATE  THE  ENACTMENT  OF  SUCH
PARKING SYSTEM;
  (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 AND SHALL PROVIDE FOR SHORT-TERM
PARKING OF NOT LESS THAN NINETY MINUTES IN  DURATION  IN  SUCH  AREA  OR
AREAS;
  (E)  PROVIDE  THE SCHEDULE OF FEES TO BE PAID FOR RESIDENTIAL PERMITS;
AND
  (F) PROVIDE THAT SUCH FEES SHALL BE CREDITED AS FOLLOWS:
  (1) MONIES GENERATED BY THE SALE OF RESIDENTIAL PARKING PERMITS  SHALL
BE  CREDITED  TO  NEW  YORK  CITY TRANSIT, AN AGENCY OF THE METROPOLITAN
TRANSPORTATION AGENCY, STATE OF NEW YORK, AND SHALL BE UTILIZED FOR  THE
PURPOSE  OF  UPGRADING  AND  IMPROVING  THE NEW YORK CITY SUBWAY AND BUS
SYSTEM; AND
  (2) MONIES GENERATED FROM FINES PAID IN CONNECTION WITH TICKETS ISSUED
TO VEHICLES WITHOUT A PERMIT STICKER FOR PARKING IN A  RESIDENTIAL  ZONE
WITHOUT  A PERMIT STICKER SHALL BE CREDITED TO THE NEW YORK CITY GENERAL
FUND.
  5. NO LOCAL LAW OR 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.
  6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY STATE HIGHWAY
MAINTAINED BY THE STATE.
  S 3. This act shall take effect immediately.