S T A T E O F N E W Y O R K
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5089
2013-2014 Regular Sessions
I N A S S E M B L Y
February 20, 2013
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Introduced by M. of A. MILLMAN -- read once and referred to the Commit-
tee 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-n to read as follows:
S 1640-N. 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.
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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01987-01-3
A. 5089 2
(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.