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STATE OF NEW YORK
________________________________________________________________________

S. 3176 A. 6144

2001-2002 Regular Sessions

SENATE - ASSEMBLY

March 5, 2001
___________

IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Transporta-
tion

IN ASSEMBLY -- Introduced by M. of A. McENENY, CANESTRARI -- read once
and referred to the Committee on Transportation

AN ACT to amend the vehicle and traffic law, in relation to authorizing
residential parking permit systems in the city of Albany

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 a lack of parking for residents of certain areas of the city of Albany
3 has resulted in traffic hazards, congestion and air and noise pollution.
4 In addition, such lack of parking poses a hazard to residents and other
5 pedestrians in such areas.
6 The legislature further finds that a residential parking system will
7 reduce such hazards and will reduce pollution levels as well. The legis-
8 lature, therefore, recognizing that alternate, off-street parking spaces
9 have become available for workers commuting to the downtown area, hereby
10 declares the necessity of this act to authorize the city of Albany to
11 adopt a residential parking system in accordance with the provisions of
12 this act.
13 § 2. The vehicle and traffic law is amended by adding a new section
14 1640-h to read as follows:
15 § 1640-h. Residential parking system in the city of Albany. 1.
16 Notwithstanding the provisions of any law to the contrary, the city of
17 Albany may, by adoption of a local law or ordinance, provide for a resi-
18 dential parking permit system and fix and require the payment of fees
19 applicable to parking within certain areas of the city or as delineated
20 by the common council of the city of Albany in accordance with the
21 provisions of this section.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02353-03-1

S. 3176 2 A. 6144

1 2. (a) Initially, such residential parking system may only be estab-
2 lished within the areas of the city of Albany described as follows: an
3 area within a one mile radius of the Nelson A. Rockefeller Empire State
4 Plaza emanating from a center point at the intersection of Hamilton
5 Street and South Swan Street, bounded generally on the north by the
6 intersection of the center lines of Lark Drive and Arbor Drive; on the
7 east by the Hudson River; on the south by the intersection of the center
8 line of Frisbee Avenue and Avenue A and on the west by the intersection
9 of the center lines of State Street and Cortland Place.
10 (b) Thereafter, such residential parking system may only be estab-
11 lished within the areas of the city which are described in a local law
12 or ordinance adopted by the common council of the city of Albany pursu-
13 ant to this section.
14 3. Notwithstanding the provisions of this section, no permit shall be
15 required on streets where the adjacent properties are zoned for commer-
16 cial, office and/or retail use.
17 4. The local law or ordinance providing for such residential parking
18 system shall:
19 (a) set forth the specific factors which necessitate the implementa-
20 tion of said system and shall include, but not be limited to, findings
21 of facts as to the existence of such traffic hazards, congestion and
22 air and noise pollution within any such areas;
23 (b) provide that motor vehicles registered pursuant to section four
24 hundred four-a of this chapter shall be exempt from any permit require-
25 ment;
26 (c) provide the times of the day and days of the week during which
27 permit requirements shall be in effect;
28 (d) make not less than twenty percent of all the space within the
29 permit area or areas available to nonresidents which shall provide
30 short-term parking of not less than twenty minutes in duration in such
31 area or areas;
32 (e) provide the schedule of fees to be paid for such permits; and
33 (f) provide that such fees shall be credited to the general fund of
34 the city of Albany.
35 5. No local law or ordinance shall be adopted pursuant to this section
36 until a public hearing thereon has been held by the common council of
37 the city of Albany concerning the designation of the certain area or
38 areas in which said parking permit system is to be implemented.
39 § 3. This act shall take effect immediately.