Senate Bill S1181

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

                                  1181

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 27, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in  relation  to  providing
  for  a  residential  parking  system  in the town of Mamaroneck in the
  county of Westchester

  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  severe  shortage  of  parking for residents of the town of
Mamaroneck in the residential area adjacent to the New England  Thruway,
the  Metro-North  New  Haven  Line,  and  the  borders of the village of
Larchmont and the city of New Rochelle. This area is  the  most  densely
populated  section  of  the town, with nine major multi-family apartment
buildings, some of which have no on-site parking.  The  Larchmont  Metro
North  Railroad Station, located in this area, is the busiest station on
the Metro-North New Haven Line within Westchester county during  weekday
morning  peak  periods, generating significant traffic and congestion as
it attracts large numbers of commuters from outside the town.  There  is
minimal  public and private off-street parking in this area, with commu-
ters and  train  passengers  parking  on  local  streets  adjoining  the
station.  The  additional  burden  of  commuter parking includes traffic
hazards for residents and pedestrians, especially the significant senior
citizen population that resides in these multi-family  apartment  build-
ings.
  The  legislature  further finds that a residential parking system will
significantly improve parking problems for the residents of this  neigh-
borhood, and declares the necessity of this act to authorize the town of
Mamaroneck  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
1662-d to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01126-01-9
              

S. 1181                             2

  S  1662-D.  RESIDENTIAL  PARKING SYSTEM IN THE TOWN OF MAMARONECK.  1.
NOTWITHSTANDING THE PROVISIONS OF ANY LAW  TO  THE  CONTRARY,  THE  TOWN
BOARD OF THE TOWN OF MAMARONECK MAY, BY ADOPTION OF A LOCAL LAW OR ORDI-
NANCE,  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.
  2. SUCH RESIDENTIAL PARKING PERMIT  SYSTEM  MAY  ONLY  BE  ESTABLISHED
WITHIN THE AREA OF THE TOWN CONSISTING OF THE FOLLOWING ROADWAYS:
  (A) WASHINGTON SQUARE;
  (B)  NORTH  CHATSWORTH  AVENUE  BETWEEN  MYRTLE BOULEVARD AND EDGEWOOD
AVENUE;
  (C) NEW JEFFERSON STREET;
  (D) OLD JEFFERSON STREET;
  (E) MURRAY AVENUE BETWEEN MYRTLE BOULEVARD AND LEAFY LANE; AND
  (F) LESTER PLACE.
  3. NOTWITHSTANDING THE FOREGOING, NO PERMIT SHALL BE REQUIRED ON THOSE
PORTIONS OF SUCH 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;
  (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 DAY AND DAYS OF THE WEEK DURING WHICH PERMIT
REQUIREMENTS SHALL BE IN EFFECT;
  (D) MAKE NOT LESS THAN FIFTEEN PERCENT OF THE SPACES WITHIN THE PERMIT
AREA AVAILABLE TO NONRESIDENTS, AND SHALL PROVIDE SHORT TERM PARKING  OF
NOT LESS THAN SIXTY MINUTES IN DURATION IN THE PERMIT AREA;
  (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 TOWN OF MAMARONECK UNLESS OTHERWISE SPECIFIED IN SUCH LOCAL LAW.
  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.
  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.