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No later than May 1, 2027, and every 4 years thereafter, the commissioner shall submit a report to the speaker of the council and the mayor on the changes to the median annual rent charged for a ground floor commercial premises for each sector, the corresponding percent land area for each sector, the number of restaurants operating sidewalk and/or roadway cafes in each sector, and the square footage of each sidewalk and roadway cafe in operation. The commissioner may include with any such report a recommendation to increase or decrease the fee rate or adjust the sectors.
(L.L. 2023/121, 8/16/2023, retro. eff. 6/20/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/121.
1. Notwithstanding any local law or regulation to the contrary, but subject to the provisions of the vehicle and traffic law, it shall be permissible for a bus owned, used or hired by public or nonpublic schools to park at any time, including overnight, upon any street or roadway, provided said bus occupies a parking spot in front of and within the building lines of the premises of the said public school or nonpublic school.
2. Notwithstanding the department of transportation regulation prohibiting parking in front of private driveways, it shall be permissible for the owner or lessor of the lot accessed by such driveway to park a passenger vehicle registered to him or her at that address in front of such driveway, provided that such lot does not contain more than two dwelling units and, further provided that such parking does not violate any other provision of the vehicle and traffic law or local law, rule or regulation concerning the parking, stopping, or standing of motor vehicles. The hearing officer shall dismiss any notice of violation issued to the owner of such passenger vehicle upon receipt from the owner, in person or by mail, of a copy of the vehicle registration containing the same address as that at which the ticket was given or other suitable evidence showing compliance with the law. The director of the bureau shall set forth the proof required in the case of lots where confusion may arise including, but not limited to, corner lots or lots with dual addresses.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1993/104.
a. For the purposes of this section the following terms shall have the following meanings:
1. The term "member of the clergy" as used in this section means a clergy member or minister as defined in the religious corporations law including, but not limited to a pastor, rector, priest, rabbi or iman who officiates at or presides over services on behalf of a religious corporation or association of any denomination and works an average of at least twenty hours per week on behalf of such religious corporation or association.
2. The term "passenger car" as used in this section means a motor vehicle, lawfully registered in any state, designed and used for carrying not more than fifteen people, including the driver. Such term shall not include a vehicle licensed to operate pursuant to chapter five of this title or a commercial vehicle as defined in section 19-170 of this code.
3. The term "house of worship" as used in this section means a building or space owned or leased by a religious corporation or association of any denomination or used by a religious corporation or association of any denomination pursuant to the written permission of the owner thereof, which is used by members principally as a meeting place for divine worship or other religious observances presided over by a member of the clergy and which is classified in occupancy group F-1(b) pursuant to article eight of subchapter three of chapter one of title twenty-seven of this code. Such term shall not include a dwelling unit as defined in the housing maintenance code.
4. The term "hospital" as used in this section means a general hospital, nursing home or hospice in-patient facility certified pursuant to the public health law or a psychiatric center established pursuant to section 7.17 of the mental hygiene law.
5. The term "funeral establishment" as used in this section means a place devoted to or used for the care and preparation of a body of a deceased person for disposition and for mourning or funeral ceremonial purposes.
b. Notwithstanding any local law or rule to the contrary, it shall be permissible for a member of the clergy to park a passenger car which is owned, registered or leased by such member of the clergy or by a religious corporation or association employing such member of the clergy and displays an appropriate department permit, in an available space where parking is prohibited by a posted sign (i) for a period of up to five hours upon the roadway adjacent to the house of worship at whose services such member of the clergy officiates or presides as noted on such permit, (ii) for a period of up to three hours on the roadway adjacent to a hospital when such member of the clergy is performing official duties at such hospital, or (iii) for a period of up to four hours on the roadway adjacent to a funeral establishment when such member of the clergy is performing official duties at such funeral establishment. It shall not be permissible for a member of the clergy to park where parking is prohibited by rule or where stopping or standing are prohibited by a posted sign or rule.
c. An application for a permit to be issued pursuant to this section, and such supporting documentation as may be required by the commissioner, shall be submitted on behalf of a member of the clergy by the religious corporation or association at whose services the member of the clergy officiates or presides. Such religious corporation or association shall certify on a form provided by the department that the member of the clergy on whose behalf the application is made will use such permit only while performing official duties at the house of worship at whose services such member of the clergy officiates or presides or while performing such official duties at a hospital and that such member of the clergy otherwise qualifies for the benefits of this section. Only one permit shall be issued to any religious corporation or association and shall include on the front side thereof the license plate numbers of up to three vehicles owned, registered or leased by members of the clergy on whose behalf such religious corporation or association submitted an application. In accordance with the criteria set forth in this subdivision for the issuance of a permit, the commissioner shall add, delete or substitute license plate numbers as may be applied for by a religious corporation or association.
d. Where a permit issued pursuant to this section is used for a purpose other than official duties as set forth in this section or by a person other than the member of the clergy indicated in an application such permit may be rescinded. The member of the clergy who engaged in or allowed such unauthorized use of the permit shall not be eligible for inclusion in an application pursuant to this section. The commissioner shall promulgate such rules as may be necessary for the implementation of this section and shall set such fee as may be appropriate for the issuance of permits pursuant to this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/073.
a. For purposes of this section the following terms shall have the following meanings:
1. "volunteer emergency medical technician" shall mean an individual who meets the minimum requirements established by regulations pursuant to section three thousand two of the public health law and who is responsible for the administration or supervision of initial emergency medical care and transportation of sick or injured persons and who performs such services without the receipt or expectation of monetary compensation.
2. "volunteer ambulance service" shall mean a registered or certified volunteer ambulance service as defined in section three thousand four of the public health law.
3. "emergency ambulance service vehicle" shall mean a vehicle which is an appropriately equipped motor vehicle owned or operated by an ambulance service as defined in section three thousand one of the public health law and used for the purpose of transporting emergency medical personnel and equipment to sick or injured persons and which is transporting a certified first responder.
4. "certified first responder" shall mean an individual who meets the minimum requirements established by regulations pursuant to section three thousand two of the public health law and who is responsible for administration of initial life saving care of sick and injured persons.
b. The commissioner shall issue an annual on-street parking permit for a vehicle authorized by a volunteer ambulance service to operate as an emergency ambulance service vehicle. The volunteer ambulance service shall submit an application for each permit requested on such form as the commissioner shall determine and shall certify that the permit is necessary for the performance by a volunteer emergency medical technician of his or her duties on behalf of that volunteer ambulance service.
c. The volunteer ambulance service shall specify the requested geographic territory for each permit, which may not exceed the primary operating territory listed on the department of health and mental hygiene ambulance service registration or certification pursuant to section three thousand four of the public health law.
d. Such parking permit shall only be used for the purpose of parking a specified emergency ambulance service vehicle where parking is prohibited by sign or rule, and only while such vehicle is on standby for use by a volunteer emergency medical technician to respond to medical emergencies.
e. The license plate number of the vehicle and the name, address and telephone number where the volunteer ambulance service can be reached shall be written on the face side of the permit.
f. Notwithstanding any other provision of law, such parking permit shall not authorize the parking of a motor vehicle in a bus stop, a taxi-stand, within fifteen feet of a fire hydrant, a fire zone, a driveway, a crosswalk, a no stopping zone, a no standing zone, or where the vehicle would be double-parked.
g. Any misuse of such permit shall be sufficient cause for revocation of said permit.
h. Notwithstanding any other provision of law, no vehicle bearing an annual on-street parking permit issued pursuant to this section may be towed when such vehicle is being used in accordance with the purpose for which such permit was issued, except in public safety emergencies to be determined by the police department.
a. For the purposes of this section, the term "city-issued parking permit" means a permit issued by a city agency that indicates permission to park in certain areas during certain times has been granted.
b. By November 1, 2020, each city agency making use of city-issued parking permits shall develop a plan regarding the distribution and use of city-issued parking permits by such agency. Such plans shall be submitted to an agency or office as designated by the mayor which shall, by December 1, 2020, review such plans and develop a comprehensive plan, which shall make use of and include each issuing agency's plan. Such comprehensive plan shall be posted online. Such agency plans shall include, but need not be limited to, the following:
1. criteria for the distribution and retention of city-issued parking permits;
2. an assessment of the appropriate number of city-issued parking permits necessary for essential government services; and
3. proposed steps to curb unnecessary or excessive issuance of city-issued parking permits.
c. Such agency plans and the comprehensive plan shall be reviewed at least once every five years and may be revised as appropriate. Any such revision of the comprehensive plan shall be submitted to the council and the mayor and posted online within 30 days of the completion of such revision.
(L.L. 2020/005, 12/27/2019, eff. 12/27/2019)
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