[HISTORY: Adopted by the Common Council of the City of Rensselaer 5-19-2004 by L.L. No.
2-2004.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 169.
[1]
Editor's Note: This local law requested that the New York State Legislature enact legislation to authorize the City of Rensselaer to adopt a residential parking permit system. Said act was added L. 2005, c. 754, § 2, effective 11-9-2005; see § 1640-k of the Vehicle and Traffic Law of New York State.
Notwithstanding the provisions of any law to the contrary, the
City Council of the City of Rensselaer 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.
The area surrounding the Amtrak Station in the City of Rensselaer
is a residential neighborhood. This area contains many narrow streets
that are not conducive to heavy traffic, especially in the winter
months. Many of the properties in the neighborhood do not contain
adequate space for driveways. As a result, the streets within the
area generally represent the only space available to residents for
parking. Because of the proximity of the area to the Amtrak Station,
many of the commuters use the streets within this area for daily long-term
parking. This severely diminishes the amount of parking spaces available
to residents in this area. The Council hereby finds that because of
the unique circumstances and location of this area, the establishment
of a residential parking system is such neighborhood is necessary
in order to preserve the character of this residential district by
reducing neighborhood noise and litter; improving access to dwellings
units and parking for residents and visitors; improving the efficiency
of City services such as street maintenance, snowplowing, street sweeping,
garbage collection and the movement of emergency vehicles.
Such residential parking permit system may only be established
within the area of the City consisting of the following streets:
A.
There has been a lack of parking for the residents in the neighborhoods
surrounding the Amtrak Station.
B.
The streets in residential areas have been used for daily long-term
parking by Amtrak commuters.
C.
The use of streets in the residential neighborhoods for Amtrak commuters
has severely diminished the amount of parking spaces available to
residents of the residential neighborhoods.
D.
The establishment of a residential parking permit system in the neighborhoods
surrounding the Amtrak Station is necessary in order to preserve the
character of the neighborhoods by reducing neighborhood noise and
improving the efficiency of City services such as street maintenance,
snowplowing, street sweeping, garbage collection and the movement
of emergency vehicles, and reducing hazardous traffic conditions and
congestion in order to provide the health, safety, peace, good order
and comfort of the residents of the neighborhood.
Notwithstanding the foregoing, no permit shall be required on
streets where the adjacent properties are zoned for commercial/retail
use.
The chapter 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 Vehicle and Traffic
Law § 404-a shall be exempt from any permit requirements;
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 20% of all spaces within the permit area available
to nonresidents, and shall provide short-term parking of not less
than 90 minutes in duration in such 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
City of Rensselaer.
No ordinance or local law shall be adopted pursuant to this
chapter 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.
The Common Council of the City of Rensselaer shall establish
rules, regulation and fees relating to the issuance and use of residential
parking permits and visitors' passes and may suspend any parking
permit privileges for a period not to exceed 12 months for violation
of said rules and regulations. No such suspension shall be effective
unless the Common Council has given the permit holder at least 10
days' written notice of the charges against the holder and offered
the holder an opportunity to be heard, either in writing or at a meeting,
on said charges.
[Amended 5-17-2006 by L.L. No. 2-2006]
The fee for a residential parking permit shall be a one-time
fee of $5, and the visitor's pass obtained by a resident shall
be $5. All such fees shall be collected by the City Clerk's Office
and credited to the general fund at the beginning of each month.
[Amended 5-17-2006 by L.L. No. 2-2006]
No person shall park a vehicle nor allow a vehicle to be parked
in a parking space along a street in the Amtrak area which has been
designated by the Common Council for residential parking only, unless
said vehicle shall have affixed thereto a valid residential parking
permit or unless said vehicle shall display a valid visitor's
pass or unless said vehicle is registered in accordance with § 404-a
of the Vehicle and Traffic Law and said vehicle is being used for
the transportation of a disabled person. Any and all vehicles parking
without the residential parking permit or visitor's pass will
be fined $50 and towed at the owner's expense.
