[Added 4-16-2012 by Ord. No. 46.72.11[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. VIII, Prepaid Permit Parking, which was added 12-21-1998
by Ord. No. 25.41.98 but was declared invalid by the New York State
courts and was not in effect.
A.
The Common
Council of the City of Albany and State of New York find that increased
automobile use in certain areas of the City of Albany has resulted
in traffic hazards, congestion and air and noise pollution detrimental
to the health, safety and well-being of its residents. In addition,
a lack of adequate on-street parking poses a hazard to residents and
other pedestrians in such areas. The City and state find that a residential
parking permit system will reduce such hazards and will reduce pollution
levels as well. Recognizing that alternate, off-street parking spaces
have become available for workers commuting to the downtown area,
the State of New York has deemed a residential parking permit system
necessary in the City of Albany. It is the further intent of this
article to expand the availability of short-term parking available
for visitors and patrons of small businesses, to ensure the City can
successfully comply with air quality regulations and to promote the
use of public transportation.
B.
This residential
parking permit system is adopted pursuant to § 1640-e of
the Vehicle and Traffic Law of the State of New York.
As used in this article, the following terms
shall have the meanings indicated, unless the context clearly requires
otherwise:
An authorization, based on the submission of adequate documentation
in accordance with the provisions of this article, allowing an owner
of a business, property or not-for-profit corporation operating in
the City of Albany, and operating within a prepaid parking permit
area, to park a vehicle, or vehicles designated by such business,
property or not-for-profit corporation, for a period of time within
such prepaid parking permit area without regard to the two-hour limitation
on streets requiring display of a parking permit.
The Chief of the Albany Police Department or his or her designee.
The City Clerk of the City of Albany or his or her designee.
One or more rooms, including a kitchen or kitchenette, and
sanitary facilities in a dwelling structure, designed as a unit for
occupancy by not more than one family for living and sleeping purposes.
A legal day of observance designated by the State of New
York during which state offices are closed.
An individual not currently residing within the permit area.
A business parking permit, residential parking permit or
visitor parking permit issued in accordance with this article.
An individual currently residing within the parking area
based on the submission of adequate documentation in accordance with
the provisions of this article.
An authorization allowing a resident individual to park a
vehicle operated by such person for a period of time within a prepaid
parking permit area without regard to the two-hour limitation on streets
requiring display of a parking permit.
An individual currently residing within the parking area
based on the submission of adequate documentation in accordance with
the provisions of this article for a temporary period not to exceed
eight months.
[Added 10-7-2013 by Ord.
No. 41.91.13]
An authorization allowing a transient resident individual
to park a vehicle operated by such person for a period of time within
a prepaid parking permit area without regard to the two-hour limitation
on streets requiring display of a parking permit.
[Added 10-7-2013 by Ord.
No. 41.91.13]
A temporary authorization allowing an individual to park
a vehicle operated by such person for a period of time within a prepaid
parking permit area without regard to the two-hour limitation on streets
requiring display of a parking permit and for a consecutive period
of days not to exceed one week, except for cause.
A.
A residential parking permit system is hereby established within the following areas, as shall be further defined in accordance with Subsection B of this section:
(1)
Zone
A: those neighborhoods generally west of the Empire State Plaza and
consisting of designated streets within the neighborhoods identified
as Center Square, Hudson/Park, Park South and Washington Park.
(2)
Zone
B: those neighborhoods generally east of the Empire State Plaza and
south of State Street and consisting of designated streets within
the neighborhoods identified as Mansion and Pastures.
(3)
Zone
C: those neighborhoods generally east of the Empire State Plaza and
north of State Street and consisting of designated streets within
the neighborhoods identified as Ten Broeck Triangle.
B.
Zone boundaries.
[Amended 1-21-2021 by Ord. No. 1.11.21]
(1)
Zone A.
(a)
Zone A shall commence beginning at a point in the center line
of Robin Street where it is intersected by the center line of Morris
Street; running thence northerly along the center line of Robin Street
to the point of intersection with the center line of Madison Avenue;
thence northerly through a portion of Washington Park to the point
of intersection with the center line of the southerly end of Englewood
Place; thence northerly along the center line of Englewood Place to
the point of intersection with the center line of State Street; thence
northerly along the center line of Robin Street to the point of intersection
with the center line of Washington Avenue; thence easterly along the
center line of Washington Avenue to the point of intersection with
the center line of South Swan Street; thence southerly along the center
line of South Swan Street to the point of intersection with the center
line of Madison Avenue; thence easterly along the center line of Madison
Avenue to the point of intersection with the center line of Museum
Road; thence southerly along the center line of Museum Road to the
point of intersection with the center line of Park Avenue; thence
westerly along the center line of Park Avenue to the point of intersection
with the center line of Delaware Avenue; thence northerly along the
center line of Delaware Avenue to the point of intersection with the
center line of Myrtle Avenue; thence westerly along the center line
of Myrtle Avenue to the point of intersection with the center line
of New Scotland Avenue; thence northerly along the center line of
New Scotland Avenue to the point of intersection with the center line
of Morris Street; thence westerly along the center line of Morris
Street to the point of intersection with the center line of Robin
Street, the point and place of beginning.
(b)
Not more than 2,070 on-street parking spaces shall be designated
and allocated as permit parking only in accordance with this chapter
on the following residential streets:
Willett Street
|
Madison Avenue to Hudson Avenue
|
Willett Street
|
Hudson Avenue to Lancaster Street
|
Willett Street
|
Lancaster Street to State Street
|
Sprague Place
|
Western Avenue to State Street
|
Henry Johnson Boulevard
|
Spring Street to State Street
|
Knox Street
|
Madison Avenue to Dana Avenue
|
Knox Street
|
Dana Avenue to Morris Street
|
Knox Street
|
Morris Street to Myrtle Avenue
|
Lark Street
|
Dana Avenue to Morris Street
|
Lark Street
|
Morris Street to Myrtle Avenue
|
Dove Street
|
Spring Street to State Street
|
Dove Street
|
State Street to Chestnut Street
|
Dove Street
|
Chestnut Street to Lancaster Street
|
Dove Street
|
Lancaster Street to Jay Street
|
Dove Street
|
Jay Street to Hudson Avenue
|
Dove Street
|
Hudson Avenue to Hamilton Street
|
Dove Street
|
Hamilton Street to Madison Avenue
|
Dove Street
|
Madison Avenue to Jefferson Street
|
Dove Street
|
Jefferson Street to Elm Street
|
Dove Street
|
Elm Street to Irving Street
|
Dove Street
|
Irving Street to Myrtle Avenue
|
South Swan Street
|
Myrtle Avenue to Irving Street
|
South Swan Street
|
Irving Street to Elm Street
|
South Swan Street
|
Elm Street to Jefferson Street
|
South Swan Street
|
Jefferson Street to Madison Avenue
|
State Street
|
Englewood Place to Sprague Place
|
State Street
|
Sprague Place to Henry Johnson Boulevard
|
State Street
|
Henry Johnson Boulevard to Willett Street
|
State Street
|
Willett Street to Lark Street
|
State Street
|
Lark Street to Dove Street
|
State Street
|
Dove Street to South Swan Street
|
Spring Street
|
Lark Street to Henry Johnson Boulevard
|
Chestnut Street
|
Lark Street to Dove Street
|
Chestnut Street
|
Dove Street to South Swan Street
|
Lancaster Street
|
Willett Street to Lark Street
|
Lancaster Street
|
Lark Street to Dove Street
|
Lancaster Street
|
Dove Street to South Swan Street
|
Jay Street
|
Lark Street to Dove Street
|
Jay Street
|
Dove Street to South Swan Street
|
Hudson Avenue
|
South Swan Street to Dove Street
|
Hudson Avenue
|
Dove Street to Lark Street
|
Hudson Avenue
|
Lark Street to Willett Street
|
Hamilton Street
|
Lark Street to Dove Street
|
Hamilton Street
|
Dove Street to South Swan Street
|
Madison Avenue
|
New Scotland Avenue to Knox Street
|
Madison Avenue
|
Knox Street to Willett Street
|
Madison Avenue
|
Lark Street to Dove Street
|
Madison Avenue
|
Dove Street to South Swan Street
|
Jefferson Street
|
South Swan Street to Dove Street
|
Jefferson Street
|
Dove Street to Delaware Avenue
|
Elm Street
|
South Swan Street to Dove Street
|
Elm Street
|
Dove Street to Delaware Avenue
|
Irving Street
|
Dove Street to South Swan Street
|
Dana Avenue
|
New Scotland Avenue to Knox Street
|
Dana Avenue
|
Knox Street to Lark Street
|
Dana Avenue
|
Lark Street to Delaware Avenue
|
Morris Street
|
Delaware Avenue to Lark Street
|
Morris Street
|
Lark Street to Knox Street
|
Morris Street
|
Knox Street to New Scotland Avenue
|
Myrtle Avenue
|
New Scotland Avenue to Knox Street
|
Myrtle Avenue
|
Knox Street to Lark Street
|
Myrtle Avenue
|
Lark Street to Delaware Avenue
|
Myrtle Avenue
|
Dove Street to South Swan Street
|
Myrtle Avenue
|
South Swan Street to Park Avenue
|
Park Avenue
|
South Swan Street to Dove Street
|
Park Avenue
|
Dove Street to Delaware Avenue
|
(2)
Zone B.
(a)
Zone B shall commence beginning at a point in the center line
Eagle Street where it is intersected by the center line Warren Street;
running thence northerly along the center line of Eagle Street to
the point of intersection with the center line of Madison Place; thence
easterly along the center line of Madison Place to the point of intersection
with the center line of Philip Street; thence northerly along the
center line of Philip Street to the point of intersection with the
center line of Hamilton Street; thence easterly along the center line
of Hamilton Street to the point of intersection with the center line
of Grand Street; thence southerly along the center line of Grand Street
to the point of intersection with the center line of Madison Avenue;
thence easterly along the center line of Madison Avenue to the point
of intersection with the center line of Green Street; thence easterly
along the center line of Green Street to the point of intersection
with the center line of South Ferry Street; thence westerly along
the center line of South Ferry Street to the point of intersection
with the center line of South Pearl Street; thence southerly along
the center line of South Pearl Street to the point of intersection
with the center line of Arch Street; thence westerly along the center
line of Arch Street to the point of intersection with the center line
of Warren Street; thence westerly along the center line of Warren
Street to the point of intersection with the center line of Eagle
Street, the point and place of beginning.
(b)
Not more than 525 on-street parking spaces shall be designated
and allocated as permit parking only in accordance with this chapter
on the following residential streets:
Philip Street
|
Madison Avenue to Elm Street
|
Philip Street
|
Elm Street to Wilbur Street
|
Philip Street
|
Wilbur Street to Bleecker Place
|
Philip Street
|
Bleecker Place to Myrtle Avenue
|
Philip Street
|
Myrtle Avenue to Park Avenue
|
Philip Street
|
Park Avenue to Warren Street
|
Grand Street
|
Park Avenue to Myrtle Avenue
|
Grand Street
|
Myrtle Avenue to Wilbur Street
|
Grand Street
|
Wilbur Street to Elm Street
|
Grand Street
|
Elm Street to Madison Avenue
|
Green Street
|
Westerlo Street to Herkimer Street
|
Green Street
|
Herkimer Street to Madison Avenue
|
Madison Place
|
Eagle Street to Philip Street
|
Eagle Street
|
Madison Avenue to Madison Place
|
Eagle Street
|
Madison Avenue to Elm Street
|
Eagle Street
|
Elm Street to Bleecker Place
|
Eagle Street
|
Bleecker Place to Myrtle Avenue
|
Eagle Street
|
Myrtle Avenue to Park Avenue
|
Elm Street
|
Eagle Street to Philip Street
|
Elm Street
|
Philip Street to Grand Street
|
Wilbur Street
|
Philip Street to Grand Street
|
Bleecker Place
|
Philip Street to Eagle Street
|
Myrtle Avenue
|
Grand Street to Philip Street
|
Myrtle Avenue
|
Philip Street to Eagle Street
|
Park Avenue
|
Eagle Street to Philip Street
|
Herkimer Street
|
South Pearl Street to Green Street
|
Westerlo Street
|
Green Street to South Pearl Street
|
Westerlo Street
|
South Pearl Street to Trinity Place
|
Ash Grove Place
|
Trinity Place to Grand Street
|
Trinity Place
|
Ash Grove Place to Madison Avenue
|
(3)
Zone C.
(a)
Zone C shall commence beginning at point where the center line
of North Hawk Street is intersected by the center line of Clinton
Avenue; running thence northerly along the center line of North Hawk
Street to the point of intersection with the center line of First
Street; thence easterly along the center line of First Street to the
point of intersection with the center line of Saint Joseph's Terrace;
thence northerly along the center line of Saint Joseph's Terrace to
the point of intersection with the center line of Second Street; thence
northerly along the center line of Hall Place to the point of intersection
with the center line of Ten Broeck Place; thence easterly along the
center line of Ten Broeck Place to the point of the intersection with
the center line of Ten Broeck Street; thence northerly along the center
line of Ten Broeck Street to the point of the intersection with the
center line of Livingston Avenue; thence easterly along the center
line of Livingston Avenue to the point of the intersection with the
center line of North Pearl Street; thence southerly along the center
line of North Pearl Street to the point of the intersection with the
center line of Wilson Street; thence westerly along the center line
of Wilson Street to the point of intersection with the center line
of the point of intersection of Ten Broeck Street; thence southerly
along the center line of Ten Broeck Street to the point of intersection
with the center line of Clinton Avenue; thence westerly along the
center line of Clinton Avenue to the point of intersection with the
center line of North Hawk Street, the point and place of beginning.
Zone C shall additionally include the residential addresses at 174
and 176 North Pearl Street.
(b)
Not more than 155 on-street parking spaces shall be designated
and allocated as permit parking only in accordance this chapter on
the following residential streets:
North Pearl Street
|
Livingston Avenue to Wilson Street
|
Ten Broeck Street
|
Clinton Avenue to Livingston Avenue
|
Hall Place
|
Ten Broeck Place to Second Street
|
Street Joseph's Terrace
|
Second Street to First Street
|
Second Street
|
Ten Broeck Street to Hall Place
|
First Street
|
St. Joseph's Terrace to Ten Broeck Street
|
(4)
A property located on the outer side of a center line zone boundary
shall be deemed within a zone.
C.
The Residential
Parking Permit Area Map is on file with the City Clerk.
[Amended 4-4-2022 by Ord. No. 6.22.22]
A.
No person shall park, or move and re-park, a vehicle, nor allow a vehicle to be parked, or moved and re-parked, in any one parking zone as such zones are established in § 359-74 of this article, for more than two consecutive hours per day between the hours of 8:00 a.m. and 6:00 p.m. on weekdays, except holidays, along any street which has been designated a residential parking permit area pursuant to this article, unless the vehicle is issued a valid parking permit in accordance with this article.
B.
Valid
residential permit status shall be checked via license plate of the
permitted vehicle.
A.
Upon application
and payment of the applicable fee, any person who is a resident or
business/property owner, who meets the applicable requirements of
this article, shall be issued by the City Clerk one valid parking
permit for each vehicle registered in the applicant's name or in the
name of another upon proof that such vehicle is used exclusively by
the applicant. At the time of application the applicant shall indicate
the prepaid parking permit area for which a parking permit is requested.
The permit shall be valid only within the prepaid parking permit area
indicated on the permit. No person, other than a business owner, may
apply for, hold or receive more than one permit, except a visitor
permit as otherwise provided for by this article. The City Clerk shall
establish guidelines to issue parking permits, including proof of
residency and/or ownership requirements. No permit shall be issued
to any person or vehicle that has any outstanding parking ticket(s)
issued in the City of Albany, at the time of permit application, unless
such violation is pending adjudication at the time of the application.
B.
Resident
permits issued under this section shall be specific for a single vehicle,
shall not be transferred, and shall be displayed only as the City
Clerk prescribes. The permittee shall remove the permit from the vehicle
if the vehicle is sold, leased, or no longer in the custody of the
permittee. The permittee shall notify the City Clerk of any change
or amendment from the information contained in the original application.
C.
Three business
employee permits may be issued to a business/property owner at any
time for any business without regard to number of employees or off-street
parking. A business/property owner permit is valid only for the vehicles
listed thereon and shall be displayed on the vehicle for which the
permit is being used only as the City Clerk, by regulation, may prescribe.
D.
If the
permit or the portion of the vehicle to which a permit has been affixed
is damaged such that it must be replaced, the permittee, upon application
therefor, shall be issued a replacement. The City Clerk may require
display of the damaged permit before a new permit is issued.
E.
Permits
may not be assigned from one person to another but may be transferred
to another vehicle owner by the permit holder upon application to
the City Clerk.
A.
Upon application and purchase of a residential parking permit, a resident of a prepaid parking permit area may purchase not more than one visitor parking permit per household for use within the prepaid parking area for which a permit is issued in accordance with § 359-76 of this article; provided, however, that a resident of a prepaid parking permit area not purchasing a residential parking permit may purchase a visitor parking permit in accordance with the provisions of this article. Transient residents and nonresident business/property owners shall not be entitled to a visitor parking permit.
[Amended 10-7-2013 by Ord. No. 41.91.13]
B.
A visitor permit issued in accordance with this section
shall include a unique code assigned by the City Clerk upon issuance
that will facilitate the identification of the name and address of
the permit holder.
C.
A visitor
permit issued in accordance with this article is for use by visitors
to a resident within the parking permit area; any other use is a violation
of this article.
[Added 10-7-2013 by Ord.
No. 41.91.13]
Upon application to the City Clerk, any person licensed or registered
as a contractor in the City may obtain at no cost a reasonable number
of temporary permits for the vehicles of the contractor and the contractor's
employees for the period of time that the contractor is engaged in
work within a neighborhood permit area for which a permit has been
issued by the City.
A.
The City
Clerk shall collect the following fees at the time a permit is issued:
[Amended 10-7-2013 by Ord. No. 41.91.13]
B.
All fees
shall be credited to the general fund of the City.
A.
Motor vehicles
registered pursuant to § 404-a of the Vehicle and Traffic
Law shall be exempt from any permit requirement established pursuant
to this chapter.
B.
A resident
may apply to the City Clerk for a permit not otherwise available pursuant
to the aforementioned rules and regulations in the following circumstances:
(1)
Where
a home health care provider provides home health care to a resident
and regularly drives to the resident's home.
(2)
Where
a resident has a short-term health emergency.
(3)
Such
other instances of hardship (excluding self-created hardship) as the
City Clerk in his or her discretion determines sufficient for issuance
of additional residential parking permits.
A.
Any vehicle
parked in the permit area in violation of this article may be issued
a fifty-dollar parking ticket.
B.
No resident
or nonresident business owner shall permit a nonresident to use a
residential or nonresident business permit issued to a resident or
nonresident business owner or aid a nonresident in any way in obtaining
a parking permit. No resident shall allow for the use, sale or transfer
of a visitor permit in violation of the authorized uses under this
article. Violation of the terms of this section shall be punishable
by a fine not to exceed $250 and/or suspension of residential parking
permit privileges for a period not to exceed six months.
[Amended 10-7-2013 by Ord. No. 41.91.13]
The City Clerk, in consultation with the Albany Police Department,
Department of Law, Department of Development and Planning, Treasurer’s
Office and the Albany Parking Authority, may promulgate such rules
and regulations as are necessary and proper to carry out the provisions
of this article.
A.
Six months
after the effective date of this article, and annually thereafter,
the City Clerk, in consultation with the Albany Police Department,
Department of Law, Department of Development and Planning, Treasurer’s
Office and Albany Parking Authority, shall review and evaluate the
implementation of the parking permit system pursuant to this article,
including the adequacy of parking permit fees provided herein, and
submit a report of his or her findings and recommendations to the
Mayor and the Common Council.
B.
The Chief
of Police, or his or her designee, shall periodically review and assess
on-street parking patterns within residential parking permit areas
and those residential areas adjacent to such permit areas. The Chief
of Police may recommend or take such actions as necessary, within
his or her authority to regulate traffic and parking within the City,
to address parking or traffic patterns which may prove a nuisance
for certain impacted neighborhoods.
A.
The Common
Council recognizes that implementation of a residential parking permit
system will expand the availability of on-street parking capacity
through a reduction in all-day commuter parking. The Council further
recognizes that a certain level of excess on-street parking capacity
is likely to exist after implementation of the permit system under
this article. It is the Council’s intent that a certain level
of unutilized capacity may be made available on a market-based rate
for nonresident commuters.
B.
After implementation
of this article, and upon a finding of the Common Council in consultation
with the Chief of Police and the Director of the Albany Parking Authority,
the City Clerk may make available a specified number, by zone, of
nonresident commuter permits upon authorization of the Common Council.
C.
An authorization
by the Common Council under this section shall be by legislative enactment,
which may be in the form of a resolution, which shall state its findings,
the number of nonresident commuter permits which may be issued by
zone and the fee therefor.
D.
A legislative
enactment under this section shall not be made until there has been
adequate time to assess the impact of implementation of this article
and in no case less than three months from the implementation date
of this article.
If any section or sections of this chapter shall be declared
unconstitutional or otherwise void and ineffective, the validity of
the remainder of the provisions hereof and their application shall
not be affected thereby.