Senate Bill S5623

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

                                  5623

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 29, 2013
                               ___________

Introduced  by  Sen. KENNEDY -- 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  authorizing
  a  pilot  residential parking permit system in the city of Buffalo 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 in the city of Buffalo in the area in
and around Buffalo General Medical Park has resulted in traffic hazards,
congestion and air and noise pollution. In addition, such lack of  park-
ing poses a hazard to residents and other pedestrians in such area.
  The legislature further finds that a residential parking system within
such  area  will reduce such hazards and will reduce pollution levels as
well. The legislature, therefore, hereby declares the necessity of  this
act  to  authorize  the  city  of Buffalo 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-n to read as follows:
  S  1640-N.  PILOT  RESIDENTIAL  PARKING  PERMIT  SYSTEM IN THE CITY OF
BUFFALO. 1. NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO  THE  CONTRARY,
THE  CITY  OF  BUFFALO  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 DELINEATED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS SECTION.
  2. SUCH RESIDENTIAL PARKING PERMIT  SYSTEM  MAY  ONLY  BE  ESTABLISHED
WITHIN THE AREA OF THE CITY OF BUFFALO DESCRIBED AS FOLLOWS:
  (A) MAPLE STREET, FROM CARLTON STREET TO HIGH STREET;
  (B) MULBERRY STREET, FROM CARLTON STREET TO HIGH STREET;
  (C) LOCUST STREET, FROM CARLTON STREET TO HIGH STREET;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10949-01-3
              

S. 5623                             2

  (D) LEMON STREET, FROM CARLTON STREET TO HIGH STREET;
  (E) CARLTON STREET, FROM MAPLE STREET TO LEMON STREET; AND
  (F) HIGH STREET, FROM MAPLE STREET TO LEMON STREET.
  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 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 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) PROVIDE THE SCHEDULE OF FEES TO BE PAID FOR  RESIDENTIAL  PERMITS;
AND
  (F)  PROVIDE  THAT  SUCH FEES SHALL BE CREDITED TO THE GENERAL FUND OF
THE CITY OF BUFFALO.
  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  BUFFALO 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  Buffalo  pursuant  to
section 1640-n 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.