Judges: JAMES D. COLE, Assistant Attorney General
Filed Date: 7/30/1997
Status: Precedential
Modified Date: 7/5/2016
No. 97-33 J. Philip Zand, Esq. Village Attorney Village of New Paltz P.O. Box 55 New Paltz, New York 12561-0055
Dear Mr. Zand:
You have asked whether a village may set aside certain spaces on a public highway for employees of the village and for persons having business in municipal offices. You state that you recall a report in the press of a similar issue being raised in Albany County.
In an apparently unreported decision, the Supreme Court of Albany County determined that a local law of the City of Albany setting aside certain parking spaces on public streets in the city for the exclusive use of designated public officials and employees was invalid. People v.Stafford, et al.(Sup Ct Albany Co. Index No. 4117-95, Aug. 22, 1995). The court relied upon the decision of the Court of Appeals in PublicEmployees Federation v. Albany,
Subsequent to the Supreme Court decision invalidating the City of Albany's local law, the State Legislature enacted chapter 663 of the Laws of 1996, adding subdivision 22 to section
The legislative history of this provision indicates a narrow purpose. It was intended to authorize cities and villages to designate certain on-street parking areas
for use by officials or employees engaged in legitimate governmental purposes. The designation is necessary in areas where parking may be difficult to allow elected officials, judges, state officials, or fire and police personnel to secure easy and adequate parking so that they may attend to public business. Bill Jacket, L 1996 ch 774, Memorandum in Support of Senate Bill # S.6843.
Thus, this legislation provided the State legislative authorization for local regulation of parking that the Court found was lacking in Peoplev. Stafford, supra. Id.The provision was drafted in general terms, which we believe authorize designation of parking areas for employees of the municipality, other governmental employees and members of the public engaging in public business. As a result of this recent legislation, cities and villages are now authorized under section
We conclude that cities and villages are authorized under section
The Attorney General renders formal opinions only to officers and departments of State government. This perforce is an informal and unofficial expression of the views of this office.
Very truly yours,
JAMES D. COLE
Assistant Attorney General in Charge of Opinions