N.Y. Vehicle & Traffic Law § 1640-s: Residential parking system in the village of Port Chester

§ 1640-s. Residential parking system in the village of Port Chester.

1. Notwithstanding the provisions of any law to the contrary, the

village board of trustees of the village of Port Chester 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 area of the village which shall mean that area generally

bounded by the following: All of that area beginning at Franklin Street

and the westerly border of the village of Port Chester; thence running

easterly on Franklin Street to South Regent Street; thence running

northerly on South Regent Street to Westchester Avenue; thence running

easterly on Westchester Avenue to Pearl Street; thence running southerly

on Pearl Street to Boston Post Road; thence running southerly on Boston

Post Road to the southern border of the village of Port Chester; thence

running .15 miles westerly and then northerly along the border between

the village of Port Chester and the city of Rye to a point where it

intersects with Franklin Street, the place of beginning. For the

purposes of this subdivision, permit parking may be implemented on both

sides of any street whose center line is herein utilized as a boundary

description; provided, however, that except for the reference to state

highways and to Westchester Avenue and Pearl Street solely for the

purposes of delineating the boundaries of the area described in this

subdivision, the provisions of this section shall not apply to any state

highway maintained by the state nor to Westchester Avenue or Pearl

Street.

3. Notwithstanding the foregoing, no permit shall be required on

streets or portions of 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; and

(b) provide that motor vehicles registered pursuant to section four

hundred four-a of this chapter shall be exempt from any permit

requirement; and

(c) provide the times of the day and days of the week during which

permit requirements shall be in effect; and

(d) make not less than fifteen percent of all spaces within the permit

area available to non-residents and shall provide short-term parking of

not less than ninety minutes in duration in such area; and

(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.

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.