S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5187
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      May 6, 2015
                                      ___________
       Introduced  by  Sen.  STEWART-COUSINS -- 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 the residen-
         tial parking system in the village of Dobbs Ferry  in  the  county  of
         Westchester;  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:
    1    Section 1. Legislative findings and intent. The legislature finds that
    2  on  street  parking  in  certain residential districts in the village of
    3  Dobbs Ferry, Westchester county which are proximate to the  Dobbs  Ferry
    4  Train  Station  have  been  unduly  burdened by commuters, thus limiting
    5  access to said parking for neighborhood residents. The provision  of  on
    6  street  parking  permits for the identified residential districts in the
    7  village of Dobbs Ferry, Westchester county would serve to provide neigh-
    8  borhood residents the opportunity to park adjacent to their  homes.  The
    9  legislature,  therefore,  hereby  declares  the necessity of this act to
   10  authorize the village of Dobbs Ferry  to  adopt  a  residential  parking
   11  system in accordance with the provisions of this act.
   12    S  2.  The  vehicle and traffic law is amended by adding a new section
   13  1640-o to read as follows:
   14    S 1640-O. RESIDENTIAL PARKING SYSTEM IN THE VILLAGE OF DOBBS FERRY  IN
   15  THE  COUNTY OF WESTCHESTER. 1. NOTWITHSTANDING THE PROVISIONS OF ANY LAW
   16  TO THE CONTRARY, THE VILLAGE BOARD OF THE VILLAGE OF DOBBS FERRY MAY, BY
   17  ADOPTION OF A LOCAL LAW OR ORDINANCE, PROVIDE FOR A RESIDENTIAL  PARKING
   18  PERMIT  SYSTEM  AND  FIX  AND  REQUIRE THE PAYMENT OF FEES APPLICABLE TO
   19  PARKING WITHIN THE AREA IN WHICH SUCH PARKING SYSTEM  IS  IN  EFFECT  IN
   20  ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
   21    2.  SUCH  RESIDENTIAL PARKING PERMIT SYSTEM MAY ONLY BE ESTABLISHED IN
   22  THE VILLAGE OF DOBBS FERRY WITHIN THE AREA OF THE VILLAGE CONSISTING  OF
   23  THE FOLLOWING ROADWAYS:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10886-01-5
       S. 5187                             2
    1    (A) WESTERLY SIDE OF BROADWAY, FROM OAK STREET TO LIVINGSTON AVENUE;
    2    (B)  OAK STREET, FROM BROADWAY TO THE MUNICIPAL PARKING LOT BEHIND 112
    3  MAIN STREET;
    4    (C) ELM STREET, FROM BROADWAY TO THE MUNICIPAL PARKING LOT BEHIND  112
    5  MAIN STREET;
    6    (D) CHESTNUT STREET, FROM BROADWAY TO MAIN STREET;
    7    (E) WALNUT STREET, FROM BROADWAY TO LIVINGSTON AVENUE;
    8    (F) HATCH TERRACE, FROM BROADWAY TO WALNUT STREET;
    9    (G) PALISADE STREET, FROM CEDAR STREET TO CHESTNUT STREET;
   10    (H) RIVERSIDE PLACE;
   11    (I)  CEDAR  STREET, FROM MAIN STREET TO A POINT 750 FEET WEST OF PALI-
   12  SADE STREET;
   13    (J) THE PORTION OF DRAPER LANE OWNED BY THE VILLAGE OF DOBBS FERRY.
   14    3. NOTWITHSTANDING THE FOREGOING, NO PERMIT SHALL BE REQUIRED ON THOSE
   15  PORTIONS OF SUCH STREETS WHERE THE ADJACENT  PROPERTIES  ARE  ZONED  FOR
   16  COMMERCIAL, OFFICE AND/OR RETAIL USE.
   17    4.  THE  LOCAL LAW OR ORDINANCE PROVIDING FOR SUCH RESIDENTIAL PARKING
   18  SYSTEM SHALL:
   19    (A) SET FORTH FACTORS NECESSITATING  THE  ENACTMENT  OF  SUCH  PARKING
   20  SYSTEM;
   21    (B)  PROVIDE  THAT  MOTOR VEHICLES REGISTERED PURSUANT TO SECTION FOUR
   22  HUNDRED FOUR-A OF THIS CHAPTER SHALL BE EXEMPT FROM ANY PERMIT  REQUIRE-
   23  MENT;
   24    (C)  PROVIDE  THE  TIMES  OF THE DAY AND DAYS OF THE WEEK DURING WHICH
   25  PERMIT REQUIREMENTS SHALL BE IN EFFECT;
   26    (D) MAKE NOT LESS THAN TWENTY PERCENT OF THE SPACES WITHIN THE  PERMIT
   27  AREA  AVAILABLE TO NONRESIDENTS, AND SHALL PROVIDE SHORT TERM PARKING OF
   28  NOT LESS THAN SIXTY MINUTES IN DURATION IN THE PERMIT AREA;
   29    (E) PROVIDE THE SCHEDULE OF FEES TO BE PAID FOR SUCH PERMITS; AND
   30    (F) PROVIDE THAT SUCH FEES SHALL BE CREDITED TO THE  GENERAL  FUND  OF
   31  THE VILLAGE OF DOBBS FERRY UNLESS OTHERWISE SPECIFIED IN SUCH LOCAL LAW.
   32    5. NO LOCAL LAW OR ORDINANCE SHALL BE ADOPTED PURSUANT TO THIS SECTION
   33  UNTIL  A PUBLIC HEARING THEREON HAS BEEN HELD CONCERNING THE DESIGNATION
   34  OF THE CERTAIN AREA OR AREAS IN WHICH SAID PARKING PERMIT SYSTEM  IS  TO
   35  BE IMPLEMENTED PURSUANT TO THE MUNICIPAL HOME RULE LAW.
   36    6. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY STATE HIGHWAY
   37  MAINTAINED BY THE STATE.
   38    S  3.  This  act  shall take effect on the sixtieth day after it shall
   39  have become a law and shall expire on January 1,  2018  when  upon  such
   40  date the provisions of this act shall be deemed repealed.