Senate Bill S1865

                                 BILL NUMBER:  S1865A

 TITLE OF BILL :
An act to amend the vehicle and traffic law, in relation to stopping,
standing or parking in specified places


 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of the bill is to allow residents and homeowners with
restrictive driveways, to have the legal authorization to park in
their driveways, but across the sidewalk, only late at night and early
in the morning, between 11 p.m. and 7 a.m. upon registration with the
Police Department.

A new section is added to the VTL, Art. 32, §1202 (b) which would
allow residents with small, restrictive driveways to park in their
driveways and if necessary overhang sidewalks between the hours of
11:00 p.m. and 7:00 a.m.

 THE CURRENT LAW :
Subsection (a)1.b. of Art. 32, §1202 of the Vehicle and Traffic Law
entitled, "Stopping, standing or parking prohibited in specified
places," prohibits parking "On a sidewalk."

 SUMMARY OF SPECIFIC PROVISIONS :
Section one authorizes residents in the Village of Pelham who live in
              

older homes that have small, restrictive driveways to park in their
driveways and overhang sidewalks between the hours of 11:00 p.m. and
7:00 a.m.

 JUSTIFICATION :
The Village of Pelham is a small village, with 1,903 parcels, about
3,300 housing units, and approximately 6,500 residents in a village
that is approximately eight tenths (.8) square miles. The age of the
average house structure in Pelham is roughly dated in the late 1920's,
or early 1930's, and driveways and garages for these homes were built
in an era when passenger cars were much smaller than the vehicles of
today.

The Village of Pelham for decades has maintained a village~wide
prohibition on overnight parking on our streets, between the hours of
2 a.m.  and 6 a.m. for three primary reasons:

1. security/law enforcement
2. street sweeping and curbside leaf pick-up
3. snow clearing operations.

There is one drawback of this restriction. Residents of Pelham who
live in older, 1920's and 1930's era homes, which have smaller,
restrictive, tightly walled-in driveways, at all times must park in
their driveways in such a way that their modern cars, built much
larger than 1920's and 1930's cars, cannot fit into the driveway and
often overhang the sidewalk.

During the day, the Village requires them to park in the street, but
they are without options on where to park, due to the village-wide
prohibition on overnight parking.

If these residents attempt to park in their driveways, they often
cannot exit their cars because of narrow walls on both sides of the
driveway, and other similar constrictions. These residents are caught
between a rock wall and a car door. The Village has identified
approximately 50-60 homes with this kind of situation.



The Village of Pelham is requesting this legislation in order to
provide relief to residents whose homes have severely restricted
driveways.

 LEGISLATIVE HISTORY :
2008 - S.8501 - Referred to Rules

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately upon its enactment by the state of New York.