Bill Text: NY A09714 | 2019-2020 | General Assembly | Introduced


Bill Title: Authorizes the establishment of city-issued parking permits that indicate that permission to park in certain areas during certain times has been granted.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-06 - referred to cities [A09714 Detail]

Download: New_York-2019-A09714-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9714

                   IN ASSEMBLY

                                    February 6, 2020
                                       ___________

        Introduced  by M. of A. QUART -- read once and referred to the Committee
          on Cities

        AN ACT to amend the administrative code of the  city  of  New  York,  in
          relation to city-issued parking permits

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The administrative code of the city of New York is  amended
     2  by adding a new section 19-162.3 to read as follows:
     3    §  19-162.3  City-issued  parking permits. a. For the purposes of this
     4  section, the term "city-issued parking permit" means a permit issued  by
     5  the  department  or the department of education, if the commissioner has
     6  delegated authority to the department of education pursuant to  subdivi-
     7  sion  b  of  this  section,  that  indicates  that permission to park in
     8  certain areas during certain times has been granted. The term shall  not
     9  include a parking permit issued pursuant to section 19-162.1 or 19-162.2
    10  of this subchapter, a parking permit issued to individuals with disabil-
    11  ities, or a single-use parking permit.
    12    b.  Notwithstanding any other provision of law, and except as provided
    13  in section 14-183 of this code, no  other  city  agency  shall  issue  a
    14  permit  that  indicates  that permission to park in certain areas during
    15  certain times has been granted; however, the commissioner  may  delegate
    16  authority  to  the department of education to issue such permits. In the
    17  event of such delegation, city-issued  parking  permits  issued  by  the
    18  department of education shall continue to be subject to the requirements
    19  of subdivisions c, d, e, f, h, and i of this section, and any applicable
    20  rules  promulgated  by  the department pursuant to subdivision g of this
    21  section.
    22    c. A city-issued parking permit shall be valid for no  more  than  one
    23  year unless suspended or revoked.
    24    d. 1. Each person applying for a city-issued parking permit or renewal
    25  thereof on behalf of themselves, their agency or non-profit entity shall
    26  file  an  application  in such form and detail as the commissioner shall
    27  prescribe, which may include inputting the required information  into  a
    28  permit application system.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14966-01-0

        A. 9714                             2

     1    2.  An application for a city-issued parking permit or renewal thereof
     2  shall include, but is not limited to, the following information:
     3    (a) if applying on behalf of a city agency, the name of the city agen-
     4  cy  and the employee's relationship to such agency if issued to an indi-
     5  vidual;
     6    (b) the license plate number of the vehicle or vehicles to be  associ-
     7  ated  with  such permit when associated with a specific vehicle or vehi-
     8  cles; and
     9    (c) a  statement  articulating  the  justification  for  needing  such
    10  permit.
    11    3.  Upon  the approval of an application, the department shall issue a
    12  city-issued parking permit to the applicant that may only be  used  with
    13  the  vehicle  or vehicles identified on such application when the permit
    14  is to be used with specific vehicles.
    15    4. City-issued parking permits shall not be transferrable  to  another
    16  person or vehicle if issued to a specific individual or vehicle.
    17    5.  Whenever  any  information  provided  on  such  an application has
    18  changed, such agency shall notify the department within ten days of such
    19  change.
    20    e. A city-issued parking permit  shall  be  a  physical  permit  or  a
    21  programmable  feature  associated  with a license plate number and shall
    22  contain the name of the sponsoring city agency, the expiration  date  of
    23  the  permit,  and  a  unique  identifier or other technology designed to
    24  allow the city to detect valid permits.  Such  permit  may  contain  any
    25  additional information or features as required by the department.
    26    f.  1. Parking with a city-issued parking permit shall be permitted in
    27  areas specified on or programmed into the permit and may allow for park-
    28  ing in some or all of the following areas:
    29    (a) at parking meters;
    30    (b) in truck loading and unloading zones;
    31    (c) in "no standing/parking except authorized vehicles" or "authorized
    32  vehicle only areas", when such permit authorizes such use; and
    33    (d) in "no parking" areas.
    34    2. Parking with a city-issued parking permit shall not be permitted in
    35  the following areas, in addition to any  areas  designated  by  rule  or
    36  specified on or programmed into the permit:
    37    (a) "no standing" areas;
    38    (b) "no stopping" areas;
    39    (c) fire hydrants;
    40    (d) bus stops;
    41    (e) areas where such parking would constitute double parking;
    42    (f) driveways;
    43    (g) bridges and highways; and
    44    (h) car-sharing parking spaces.
    45    g.  The  department  may  promulgate such rules and regulations as are
    46  necessary to implement the provisions of this section.
    47    h. Any violation of subdivision d of this section  involving  a  false
    48  material  statement  or fact concealed in connection with an application
    49  for  a  city-issued  parking  permit  or  renewal  thereof  shall,  upon
    50  conviction  thereof,  be  punishable by a civil penalty of not less than
    51  two hundred fifty dollars nor more than one  thousand  dollars.    Civil
    52  violations  issued  pursuant to this section shall be adjudicated at the
    53  environmental control board  or  any  tribunal  established  within  the
    54  office  of  administrative trials and hearings designated by the commis-
    55  sioner.

        A. 9714                             3

     1    i. No later than January thirty-first, two  thousand  twenty-one,  the
     2  department  and  agencies  delegated  to  issue  parking  permits by the
     3  commissioner shall post information online  regarding  the  issuance  of
     4  city-issued  parking  permits, including, but not limited to, the number
     5  of  applications  submitted and the number of such permits issued in the
     6  previous year, disaggregated by the sponsoring city agency in  the  case
     7  of the department.  Such information shall be updated at least annually.
     8    §  2.  The  administrative  code of the city of New York is amended by
     9  adding a new section 14-183 to read as follows:
    10    § 14-183 Parking permits issued  by  the  police  department.  a.  The
    11  department  may  issue  parking  permits  to city, state, or federal law
    12  enforcement agencies that indicate that permission to  park  in  certain
    13  areas during certain times has been granted.
    14    b.  Such  permits  shall  be  valid  for  no more than one year unless
    15  suspended or revoked.
    16    c. 1. Except for department fleet vehicles, an application for a park-
    17  ing permit or renewal thereof shall include, but is not limited to,  the
    18  following information:
    19    (a) the name of the applicant;
    20    (b)  the license plate number of the vehicle or vehicles to be associ-
    21  ated with such permit; and
    22    (c) a  statement  articulating  the  justification  for  needing  such
    23  permit.
    24    2.  Upon  the approval of an application, the department shall issue a
    25  parking permit to the applicant that may only be  used  in  the  vehicle
    26  identified on such application.
    27    3.  Parking  permits  shall  not be transferrable to another person or
    28  vehicle.
    29    4. Whenever any  information  provided  on  such  an  application  has
    30  changed,  the  permittee  shall notify the department within ten days of
    31  such change.
    32    d. A parking permit shall be  a  physical  permit  or  a  programmable
    33  feature  associated with a license plate number. Such permit issued to a
    34  city shall contain the name of the agency.  Such  permit  issued  to  an
    35  agency  of  the  United States shall indicate that such permit is issued
    36  for federal law enforcement purposes. Such permit issued to an agency of
    37  the state shall indicate that  such  permit  is  issued  for  state  law
    38  enforcement  purposes.  All  parking  permits shall contain at least the
    39  expiration date of the permit and a unique identifier or other technolo-
    40  gy designed to allow the city to detect valid permits.
    41    e. 1. Parking with a permit shall be permitted in areas  specified  on
    42  or  programmed into the permit, and may allow for parking in some or all
    43  of the following areas:
    44    (a) at parking meters;
    45    (b) in truck loading and unloading zones;
    46    (c) in "no standing/parking except authorized vehicles" or "authorized
    47  vehicle only" areas, when such permit authorizes such use; and
    48    (d) in "no parking" areas.
    49    2. Parking with a permit shall  not  be  permitted  in  the  following
    50  areas:
    51    (a) "no standing" areas;
    52    (b) "no stopping" areas;
    53    (c) fire hydrants;
    54    (d) bus stops;
    55    (e) areas where such parking would constitute double parking;
    56    (f) driveways;

        A. 9714                             4

     1    (g) bridges and highways;
     2    (h) car-sharing parking spaces; and
     3    (i) any other location as designated by the commissioner.
     4    f.  The  department  may  promulgate such rules and regulations as are
     5  necessary to implement the provisions of this section.
     6    g. Any violation of subdivision c of this section  involving  a  false
     7  material  statement  or fact concealed in connection with an application
     8  for a parking permit or renewal thereof shall, upon conviction  thereof,
     9  be  punishable  by  a  civil  penalty of not less than two hundred fifty
    10  dollars nor more than one  thousand  dollars.  Civil  violations  issued
    11  pursuant  to  this  section  shall  be  adjudicated at the environmental
    12  control board or any tribunal established within the office of  adminis-
    13  trative trials and hearings designated by the commissioner.
    14    h.  No  later  than January thirty-first, two thousand twenty-one, the
    15  department shall post information online regarding the issuance of city-
    16  issued parking permits, including, but not limited  to,  the  number  of
    17  applications  submitted  and  the  number  of such permits issued in the
    18  previous year. Such information shall be updated annually.
    19    i. Individuals holding permits issued pursuant to this  section  shall
    20  be  subject to the rules of the department of transportation relating to
    21  the issuance of separate parking violations for the misuse or fraudulent
    22  use of city-issued parking permits, as provided for in chapter  four  of
    23  title thirty-four of the rules of the city of New York.
    24    §  3.  This  act shall take effect on the ninetieth day after it shall
    25  have become a law.    Effective  immediately,  the  addition,  amendment
    26  and/or repeal of any rule or regulation necessary for the implementation
    27  of  this  act  on  its  effective  date  are  authorized  to be made and
    28  completed on or before such effective date.
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