By Council Members Koppell, Brewer, Comrie, James, Yassky, White Jr., Garodnick and Gennaro
A Local Law to amend the
administrative code of the city of
Be it enacted by the Council
as follows:
Section 1. Subchapter
17 of chapter 2 of title 20 of the administrative code of the city of
§
20-327.1 Bicycle parking spaces.
a.
Applicability.
1. i. The operator of every garage
and parking lot that has an authorized capacity of one-hundred or more motor
vehicles shall provide and maintain parking spaces for bicycles in accordance
with the provisions of this section.
ii. Two years after the
effective date of the local law that added this section, the operator of every
garage and parking lot that has an authorized capacity of fifty-one or more
motor vehicles shall provide and maintain parking spaces for bicycles in
accordance with the provisions of this section.
2. The requirements of subdivisions a through f of
this section shall not apply to buildings or parking lots that comply with the
bicycle parking provisions of sections 25-80, 36-70 and 44-60 of the zoning
resolution of the city of New York.
3. Waiver.
The operator of a garage or parking lot subject to the provisions of this
section may apply to the commissioner for a waiver from the requirements of
this section on the grounds that compliance with this section will result in a
violation of otherwise applicable zoning regulations, including, but not
limited to zoning regulations determining the number of required automobile
parking spaces a garage or parking lot shall have. Prior to applying for such
waiver, such operator of a garage or
parking lot shall submit to the commissioner of buildings a certification from
a registered design professional and other supporting additional documentation as
such commissioner may require, including, but not limited to, floor plans and diagrams
of the garage or parking lot in anticipation of the waiver application. Upon
complete submission of all required documentation, the commissioner of
buildings shall within forty days review the documentation submitted by the
operator, and shall provide to the operator a written recommendation, of
whether compliance would be impracticable because of the requirements of applicable
zoning regulations. The operator shall
submit such recommendation to the commissioner as part of its waiver
application, and the resulting written grant or denial of such application by
the commissioner shall be final.
b. Bicycle
parking spaces in garages and lots.
1.
The operator of every garage or lot subject to the provisions of this section
shall provide not less than one bicycle parking space for every ten automobile
parking spaces provided, up to two hundred automobile parking spaces. Thereafter, one bicycle parking space shall
be provided for every one hundred automobile parking spaces. Fractions equal to or greater than one-half
resulting from this calculation shall be considered to be one bicycle parking
space.
2. The
bicycle parking spaces in garages and lots subject to the provisions of this
section shall be enclosed to the same extent that parking spaces for automobiles
are enclosed.
3. Each such bicycle parking space shall adjoin
a rack or similar system for securing the bicycle and shall be located in an
area secured by a lock or similar means, or adjoin a securely anchored rack to
which the bicycle frame and at least one wheel can be locked without damage to
the wheels, frame or components of the bicycle, unless the bicycle is parked in
a location not accessible to the public and bicycles are parked therein only by
employees of the facility.
4. An
area consisting of at least two by three by six feet in volume shall be
provided for each such bicycle parking space.
c. Bicycle
parking racks or other devices shall be securely anchored so they cannot be
easily removed and shall be of sufficient strength and design to resist
vandalism and theft.
d.
Bicycle parking spaces in both garages and parking lots shall be protected from
damage by motor vehicles by a physical barrier such as curbs, wheel stops,
poles or other similar features capable of inhibiting motor vehicles from
contacting a bicycle or encroaching upon a bicycle parking space.
e.
Bicycle parking spaces shall be accessible to bicycle owners/operators to at
least the same extent as vehicle parking spaces are accessible to vehicle
owners/operators .
f.
The operator of every garage and parking lot that is subject to the provisions
of this section shall file with the commissioner a schedule of rates showing
the prices charged daily, weekly, and monthly for parking and storage of
bicycles.
g. No
operator of a garage or parking lot subject to the provisions of this section
shall make any charge for parking or storage of a bicycle in excess of the
rates set forth in the schedule filed with the commissioner, unless at least
sixty days prior to the effective date of such changed rates, such operator has
filed with the commissioner, in writing, such change in rates and has posted
such changed rates on signs which conform with the requirements of subdivision h
of this section.
h.
The operator of each garage or parking lot subject to the provisions of this
section shall post conspicuously at the public entrance to the garage or
parking lot a sign composed of letters and figures of such size, height, width,
spacing, color and description as shall be prescribed by the rules of the
commissioner. Such sign shall set forth
the rate to be charged by such garage or parking lot for bicycle parking
spaces, the hours during which such garage or parking lot will remain open for
business and the minimum capacity of bicycle parking spaces of such garage or
parking lot.
i. Bicycles unclaimed after sixty
days shall be considered abandoned property and shall become the property of
the operator of the garage or parking lot.
j. Within twelve months after the effective date
of the local law that added this section, the commissioner shall submit a
report to the council regarding the effectiveness of this local law at
increasing the capacity of parking for bicycles in garages. Such report shall contain, among other
things, the number and location of bicycle parking spaces and rate of usage of
such spaces.
§2. This local law shall take ninety days after enactment except that the commissioners of consumer affairs and/or buildings shall take all actions necessary for its implementation, including the promulgation of rules, prior to such effective date.
LCC
LS #5260
6/2209