S T A T E   O F   N E W   Y O R K
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                                 7436--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 12, 2015
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee  on  Transportation -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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:

  Section  1.  Legislative  findings and intent.   The legislature finds
that the village of Dobbs Ferry encompasses approximately 3  miles,  has
over  11,000  residents and has within its boundaries a railroad station
maintained and operated by the Metro North division of the  Metropolitan
Transportation  Authority.  The  Dobbs  Ferry  Station  attracts a large
number of commuters and travelers  from  outside  of  the  village.  The
station generates significant traffic and congestion and while there are
public and private off-street parking areas, commuters and train passen-
gers park on local streets adjoining the station. The residential neigh-
borhoods  adjoining  the  train  station  are among Dobbs Ferry's oldest
neighborhoods and lack sufficient  off-street  parking  to  serve  local
residents.  Many  homes lack adequate off-street parking. The additional
burden of commuter parking has resulted in traffic  hazards,  congestion
and  air and noise pollution. In addition the overflow of commuter park-
ing on the residential streets poses a hazard to residents and pedestri-
ans in the area.
  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
village of Dobbs Ferry in the county of Westchester to adopt a  residen-
tial parking system in accordance with the provisions of this act.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10886-04-5

              

A. 7436--A                          2

  S  2.  The  vehicle and traffic law is amended by adding a new section
1640-o to read as follows:
  S  1640-O. RESIDENTIAL PARKING SYSTEM IN THE VILLAGE OF DOBBS FERRY IN
THE COUNTY OF WESTCHESTER. 1. NOTWITHSTANDING THE PROVISIONS OF ANY  LAW
TO THE CONTRARY, THE VILLAGE BOARD OF THE VILLAGE OF DOBBS FERRY 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 DOBBS FERRY WITHIN THE AREA OF THE VILLAGE CONSISTING OF
THE FOLLOWING ROADWAYS:
  (A) OAK STREET, FROM BROADWAY TO MAIN STREET;
  (B) ELM STREET, FROM BROADWAY TO MAIN STREET;
  (C) CHESTNUT STREET, FROM BROADWAY TO MAIN STREET;
  (D) WALNUT STREET, FROM BROADWAY TO LIVINGSTON AVENUE;
  (E) HATCH TERRACE, FROM BROADWAY TO WALNUT STREET;
  (F) PALISADE STREET, FROM CEDAR STREET TO CHESTNUT STREET;
  (G) RIVERSIDE PLACE;
  (H) CEDAR STREET, FROM MAIN STREET TO A POINT 750 FEET WEST  OF  PALI-
SADE STREET;
  (I) THE PORTION OF DRAPER LANE OWNED BY THE VILLAGE OF DOBBS FERRY.
  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 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 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 DOBBS FERRY 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.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law  and shall expire on January 1, 2018 when upon such
date the provisions of this act shall be deemed repealed.