Assembly Bill A10953

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10953
 
                           I N  A S S E M B L Y
 
                              August 17, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Solages) --
   read once and referred to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  authorizing
   the  town of Hempstead in the county of Nassau to establish a residen-
   tial parking system in  the  neighborhoods  of  Bellrose  Terrace  and
   Elmont

   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 certain areas of the  town  of  Hemp-
 stead,  Nassau  county,  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 would
 be in the public interest. The legislature further finds that a residen-
 tial parking system will reduce such hazards and will  reduce  pollution
 levels as well. The legislature, therefore, hereby declares the necessi-
 ty of this act to authorize the town of Hempstead to adopt a residential
 parking permit system in accordance with the provisions of this act.
   §  2.  The  vehicle and traffic law is amended by adding a new section
 1640-r to read as follows:
   § 1640-R. RESIDENTIAL PARKING SYSTEM IN THE TOWN OF HEMPSTEAD  IN  THE
 COUNTY  OF  NASSAU.  1. NOTWITHSTANDING THE PROVISIONS OF ANY LAW TO THE
 CONTRARY, THE BOARD OF  TRUSTEES  OF  THE  TOWN  OF  HEMPSTEAD  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  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  NEIGHBORHOODS  OF  ELMONT AND BELLEROSE TERRACE WHICH SHALL
 MEAN THAT AREA GENERALLY BOUNDED ON THE NORTHERLY SIDE  BY  THE  JERICHO
 TURNPIKE,  ON  THE EASTERLY SIDE BY LUCILLE AVENUE TO DUTCH BROADWAY, ON
 THE SOUTHERLY SIDE BY DUTCH BROADWAY TO CROSS ISLAND PARKWAY, AND ON THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD17030-01-0

 A. 10953                            2
 
 WESTERLY SIDE BY THE CROSS ISLAND PARKWAY TO  JAMAICA  AVENUE  TO  DUTCH
 BROADWAY.
   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 THE DAY AND DAYS OF  THE  WEEK  DURING  WHICH
 PERMIT REQUIREMENTS SHALL BE IN EFFECT;
   (D)  MAKE NOT LESS THAN TWENTY PERCENT OF THE SPACES WITHIN THE PERMIT
 AREA AVAILABLE TO NONRESIDENTS, AND SHALL PROVIDE SHORT TERM PARKING  OF
 NOT LESS THAN NINETY 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 HEMPSTEAD UNLESS OTHERWISE SPECIFIED IN SUCH LOCAL LAW.
   5. NO LOCAL LAW OR ORDINANCE SHALL BE ADOPTED PURSUANT TO THIS SECTION
 UNTIL A PUBLIC HEARING ON SUCH ORDINANCE 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.