S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10058
 
                           I N  A S S E M B L Y
 
                                May 2, 2024
                                ___________
 
 Introduced  by M. of A. SHIMSKY -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to  a  residen-
   tial  parking  system in the village of Sleepy Hollow 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
 many residential areas in the village of Sleepy Hollow, including Sleepy
 Hollow  Manor,  Philipse Manor, Downtown Sleepy Hollow, and Webber Park,
 lack sufficient parking for residents of the village. Sleepy Hollow is a
 densely populated village, with a  population  of  4,452.1  persons  per
 square  mile, and the residential areas named lack sufficient off-street
 parking to accommodate residents' needs. This issue is  further  exacer-
 bated  by the proximity of these residential areas to the Philipse Manor
 train station and the Tarrytown train station, where many  non-residents
 find parking in order to take public transportation to and from work. In
 addition,  Sleepy  Hollow has a historical connection to Halloween, with
 it being a critical aspect of the milieu set by Washington Irving in his
 ubiquitous novel "The Legend of Sleepy  Hollow",  and  the  village  has
 become  a tourist destination with an estimated 100,000 visitors annual-
 ly, most of whom take up parking spots needed by residents. This lack of
 residential parking has resulted in traffic hazards, congestion, and air
 and noise pollution posing a hazard to residents and  other  pedestrians
 in these areas.
   The  legislature  further finds that a residential parking system will
 reduce such hazards and will reduce pollution levels.  The  legislature,
 therefore,  declares  the necessity of this act to authorize the village
 of Sleepy Hollow 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-s to read as follows:
   § 1640-S. RESIDENTIAL PARKING SYSTEM IN THE VILLAGE OF  SLEEPY  HOLLOW
 IN  THE  COUNTY OF WESTCHESTER. 1. NOTWITHSTANDING THE PROVISIONS OF ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15213-01-4
 A. 10058                            2
 
 LAW TO THE CONTRARY, THE VILLAGE BOARD OF THE VILLAGE OF  SLEEPY  HOLLOW
 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  IN
 THE  VILLAGE  OF SLEEPY HOLLOW WITHIN THE AREA OF THE VILLAGE CONSISTING
 OF THE FOLLOWING ROADWAYS:
   (A) BOTH SIDES OF ANDREWS LANE;
   (B) BOTH SIDES OF BARNHART AVENUE;
   (C) BOTH SIDES OF BELLWOOD AVENUE;
   (D) BOTH SIDES OF CEDAR STREET, CHESTNUT STREET;
   (E) BOTH SIDES OF CLINTON STREET;
   (F) BOTH SIDES OF COLLEGE AVENUE;
   (G) BOTH SIDES OF CONTINENTAL STREET;
   (H) BOTH SIDES OF DEPEYSTER STREET;
   (I) BOTH SIDES OF DEVRIES AVENUE;
   (J) BOTH SIDES OF ELM STREET;
   (K) BOTH SIDES OF FARRINGTON AVENUE;
   (L) BOTH SIDES OF FRANCIS STREET;
   (M) BOTH SIDES OF GESNER PLACE;
   (N) BOTH SIDES OF HARWOOD AVENUE;
   (O) BOTH SIDES OF HIGHLAND AVENUE;
   (P) BOTH SIDES OF HOLLOWS PASS;
   (Q) BOTH SIDES OF HORSEMAN BOULEVARD;
   (R) BOTH SIDES OF HOWARD STREET;
   (S) BOTH SIDES OF HUDSON STREET;
   (T) BOTH SIDES OF HUNTER AVENUE;
   (U) BOTH SIDES OF IRVING PLACE;
   (V) BOTH SIDES OF KELBOURNE AVENUE;
   (W) BOTH SIDES OF LAWRENCE AVENUE;
   (X) BOTH SIDES OF LEGEND DRIVE;
   (Y) BOTH SIDES OF LIGHTHOUSE LANDING;
   (Z) BOTH SIDES OF MAXWELL DRIVE;
   (AA) BOTH SIDES OF MERLIN AVENUE;
   (BB) BOTH SIDES OF MILLARD AVENUE;
   (CC) BOTH SIDES OF MUNROE AVENUE;
   (DD) BOTH SIDES OF NORTH WASHINGTON STREET;
   (EE) BOTH SIDES OF PALISADES BOULEVARD;
   (FF) BOTH SIDES OF PALMER AVENUE;
   (GG) BOTH SIDES OF PIERSON AVENUE;
   (HH) BOTH SIDES OF PLEASANT STREET;
   (II) BOTH SIDES OF POCANTICO STREET;
   (JJ) THE WEST SIDE OF RIVER STREET;
   (KK) BOTH SIDES OF RIVERSIDE DRIVE;
   (LL) BOTH SIDES OF WESTWARD DRIVE.
   3. NOTWITHSTANDING THE FOREGOING, NO PERMIT SHALL BE REQUIRED ON THOSE
 PORTIONS  OF  SUCH  STREETS  WHERE THE ADJACENT PROPERTIES ARE ZONED FOR
 COMMERCIAL, OFFICE AND/OR 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
 REQUIREMENT;
 A. 10058                            3
 
   (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 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  VILLAGE  OF  SLEEPY HOLLOW 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.
   § 3. This act shall take effect immediately.