S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    983
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced by M. of A. SIMON, WALKER, COOK, MOSLEY -- Multi-Sponsored by
   --  M.  of A.  BLAKE, ORTIZ, RIVERA, SOLAGES -- 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.
   § 2. The vehicle and traffic law is amended by adding  a  new  section
 1640-q to read as follows:
   §  1640-Q.  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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00794-01-7
              

 A. 983                              2
 
   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.
   § 3. This act shall take effect immediately.