Allows residents in the village of Pelham, county of Westchester, to park in their driveways overhanging the sidewalk during certain hours

1 Co-sponsor

• Antoine M. Thompson

Title of bill

An act to amend the vehicle and traffic law, in relation to stopping, standing or parking in specified places

Purpose or general idea of bill

The purpose of the bill is to allow residents and homeowners with restrictive driveways, to have the legal authorization to park in their driveways, but across the sidewalk, only late at night and early in the morning, between 11 p.m. and 7 a.m. upon registration with the Police Department.

A new section is added to the VTL, Art. 32, §1202 (b) which would allow residents with small, restrictive driveways to park in their driveways and if necessary overhang sidewalks between the hours of 11:00 p.m. and 7:00 a.m.

The current law

Subsection (a)1.b. of Art. 32, §1202 of the Vehicle and Traffic Law entitled, "Stopping, standing or parking prohibited in specified places," prohibits parking "On a sidewalk."

Summary of specific provisions

Section one authorizes residents in the Village of Pelham who live in older homes that have small, restrictive driveways to park in their driveways and overhang sidewalks between the hours of 11:00 p.m. and 7:00 a.m.

Justification

The Village of Pelham is a small village, with 1,903 parcels, about 3,300 housing units, and approximately 6,500 residents in a village that is approximately eight tenths (.8) square miles. The age of the average house structure in Pelham is roughly dated in the late 1920's, or early 1930's, and driveways and garages for these homes were built in an era when passenger cars were much smaller than the vehicles of today.

The Village of Pelham for decades has maintained a village~wide prohibition on overnight parking on our streets, between the hours of 2 a.m. and 6 a.m. for three primary reasons:

1. security/law enforcement 2. street sweeping and curbside leaf pick-up 3. snow clearing operations.

There is one drawback of this restriction. Residents of Pelham who live in older, 1920's and 1930's era homes, which have smaller, restrictive, tightly walled-in driveways, at all times must park in their driveways in such a way that their modern cars, built much larger than 1920's and 1930's cars, cannot fit into the driveway and often overhang the sidewalk.

During the day, the Village requires them to park in the street, but they are without options on where to park, due to the village-wide prohibition on overnight parking.

If these residents attempt to park in their driveways, they often cannot exit their cars because of narrow walls on both sides of the driveway, and other similar constrictions. These residents are caught between a rock wall and a car door. The Village has identified approximately 50-60 homes with this kind of situation.

The Village of Pelham is requesting this legislation in order to provide relief to residents whose homes have severely restricted driveways.

Legislative history

2008 - S.8501 - Referred to Rules

Fiscal implications

None.

Effective date

Immediately upon its enactment by the state of New York.