PART 563
(Statutory authority: Education Law, §360)
Sec.
563.1
General
Statement of policy
563.2
Application
of Rules
563.3
Vehicular
and Pedestrian Traffic
563.4
Vehicle
Registration
563.5
Types
of Parking Violations
563.6
Penalties
and Fines
563.7
Enforcement
procedures; hearings, and payment and collection of fines
563.8
Traffic
Control
563.1 General statement of policy.
The
operation of a motor vehicle on the property of the
563.2
Application of Rules
(a)
This
Part shall apply to all properties in the control and jurisdiction of the
College.
(b)
This
Part shall apply to all students, visitors, contractors, State employees and
employees of College affiliated organizations.
(c)
This
Part shall apply to all vehicles, including but not limited to automobiles,
motorcycles, motorbikes and snowmobiles.
563.3 Vehicular and Pedestrian Traffic
(a)
The Vehicle and Traffic Law of the State of
premises under the jurisdiction of
the College.
(b)
No person shall drive a vehicle on College
streets, roads or highways
at a speed
greater than is reasonable and prudent under the conditions and having regard
to actual and potential hazards then existing, but in no event shall a person
drive a vehicle in excess of 20 miles per hour unless a different speed is
authorized and indicated by the College.
(c)
Unless authorized, no person shall park a
vehicle on College premises in such
manner as to interfere with the use of a fire hydrant,
handicapped
parking zone, fire access lane or other emergency zone, or create any other
hazard or interfere with the free and proper use of a roadway or pedestrian
way.
563.4 Vehicle Registration
(a) No
student, visitor, contractor, State employee or an employee of a
College-affiliated organization shall operate or park a vehicle of any kind or
description on premises or property under the control of the College unless
such vehicle is properly registered
with the College or is lawfully parked at metered public parking. Proper registration includes affixing the
decal issued by the College in accordance with instructions provided.
i) If
two faculty/staff members or affiliate members share the same household, each
member will purchase a parking permit at the applicable price for each vehicle
registered.
ii)
A
student who is a spouse, son, or daughter of a faculty/staff member must
register the vehicle he/she is operating in accordance with the student
registration regulation.
(b) Such
registration shall be valid through the regular academic year,
to
include summer.
(c) Parking
and/or registration fees shall be charged for vehicles parked within designated
lots, consistent with the applicable collective bargaining agreements and in
accordance with guidelines established by the Chancellor or designee. Such
guidelines provide that the determination of the amount of the fee be
substantially based on an analysis of the costs attributable to the operation
and maintenance of the parking facilities owned and operated by the College.
(d) All of these
vehicle and parking regulations shall be in full force and in
effect 24 hours each day, unless otherwise specified.
(e) During
a declared snow emergency, all person parking a vehicle on the premises shall
obey temporary instructions for the use of parking lots and/or the operation
and parking of vehicles on the premises.
563.5 Types of Parking Violations
1)
Parking
without a valid College permit.
2)
Parking
in an unauthorized space or lot.
3)
Parking
which interferes with the use of a fire hydrant, fire access lane or other
emergency zone.
4)
Parking
which blocks any other vehicle.
5)
Parking
which interferes with the free and proper use of a roadway, driveway or
entrance to a parking lot.
6)
Parking
in a metered parking space after the meter has expired.
7)
Parking
in a service driveway or service area to include blocking a dumpster.
8)
Parking
on a grassy area.
9)
Blocking
or interfering with the proper use of a crosswalk or sidewalk.
10)
Parking
where signs or road markings prohibit parking.
11)
Parking
in handicap parking space without the proper pass.
12)
Parking
in a visitor space without the proper pass.
13)
Parking
in a reserved area without the proper pass.
14)
Overnight
parking in an unauthorized parking lot.
15)
Permit
not properly displayed.
16)
Parking
in any area not specifically designated as a parking lot or space on College
premises.
17)
Parking
in violation of temporary instructions during a declared snow emergency.
563.6 Penalties and Fines.
(a) Responsibility.
The individual in whose name the
vehicle is registered with the College, or the owner thereof if the vehicle is
not registered with the College, shall be responsible for any and all penalties
and fines for violation(s) of this Part, and for any and all liability or
damage claims, resulting from the possession, operation, towing,
immobilization, and/or parking of the vehicle on College premises.
(b)
Penalties.
(1)
Any
person who violates any applicable section of the Vehicle and Traffic Law shall
be guilty of a misdemeanor or traffic infraction and shall be punished as provided
in the Vehicle and Traffic Law. Such laws shall be enforced in any court having
jurisdiction. A complaint regarding any violation of such laws shall be
processed in accordance with the requirements of applicable law.
(2)
Any
person who violates regulations or rules as presented, shall be subject to a
fine, revocation of campus registration, towing or other penalties as describes
herein.
(3)
Vehicles
on College premises in violation of any of the provisions of this
Part, may be towed and/or immobilized at the
expense of the person who registers the vehicle with the College, or at the
expense of the registered owner of the vehicle if said vehicle is not
registered with the College.
(4) The College
reserves the right to take disciplinary action against students and employees
who violate the provisions of this Part.
(c) Fines and Penalties for
Violations.
(1) Initial
violations shall result in a $25.00 fine.
(2) Handicap
violations shall result in a $50.00 fine.
(3) Fire zone violations shall
result in a $50.00 fine.
(4) A
second subsequent violation and any further violations, other than handicap or
fire zone violations, within the same academic year shall result in a $40.00
fine.
All violations not paid or appealed
within 10 business days from the date of issuance will result in a late payment
penalty of $10.00.
563.7
Enforcement procedures; hearings,
and payment and collection of fines.
Faculty,
staff and students will be allowed 3 days grace period, beginning with the first
day of classes each new semester to comply with the motor vehicle registration
requirements set forth in this Part; provided however, that all other
provisions of these regulations are strictly enforced at all times.
(a)
Complaints.
A complaint regarding any violation
of a campus parking regulation shall be in writing, reciting the time and place
of the violation and the title, number, or substance of the applicable rule.
The complaint must be issued by a
University Police Officer or other parking enforcement official witnessing the
violation and shall be served upon the violator or affixed to the vehicle in
violation.
In addition, a complaint shall
recite the following:
(1)
License
plate number of vehicle complaint was issued against.
(2)
The
amount of the fine(s) assessable for the violation advising that if the
violation is not disputed, such fine shall be paid within 10 business days or a
late payment will be assessed.
(3)
The
prescribed time period to dispute the violation and request a hearing is within
10 business days immediately after the date the complaint is filed at which
time the alleged violator must file a notice of appeal at the Office of Parking
Services and present his/her copy of said complaint.
(4)
Should
the alleged violator fail to file a notice of appeal requesting a hearing
within the designated time period, or fail to appear at the time fixed for said
hearing:
i.
The
complaint shall be deemed proved and the appeal waived.
ii.
The
applicable fine must be paid in full to the Office of Parking Services or
Bursars immediately.
iii.
The
complaint shall warrant such further action as may then be appropriate.
(b)
Hearings.
(1)
The
chief administrative officer or his/her designee shall designate a hearing
officer to hear complaints of any alleged violation of any of the provisions of
this Part.
The Hearing Officer:
i.
Shall
at all times be bound by, and shall at all times enforce and uphold, all of the
provisions.
ii.
Shall
not be bound by the rules of evidence but may hear or receive any testimony or
evidence directly relevant and material to the issues produced.
iii.
May
develop internal procedures for the processing of complaints and hearings;
provided, however, that such internal procedures shall in no way conflict or be
inconsistent with any other existent provisions.
(2)
At
the conclusion of the hearing, or not later than five days thereafter, such
Hearing Officer shall file a report and notice of decision with the Office of
Parking Services, with a copy to the alleged violator. The report and notice of
decision shall state the decision of the Hearing Officer. If the decision is guilty, the amount of the
fine for the violation involved and a statement that said fine shall be paid in
full at the Office of Parking Services or Bursar within 10 business days of the
date the report and notice of decision was filed.
(3)
All
decisions of the Hearing Officer shall be final.
(c) Payment
and Collection of Fines.
(1)
It
will be the responsibility of each alleged violator to pay the full and correct
amount of any fine(s) for violations to which this section applies and in the
time period designated by this section.
i.
The
alleged violator may, during the times that the Office of Parking Services is
open, request the assistance of the office in determining the correct amount(s)
of any fine(s).
ii.
In
the absence of such a request for assistance, any error in the amount of the
fine and/or payment, and all consequences of such error, shall be solely the
responsibility of the alleged violator.
(2)
The
prosecution and collection of fines involving visitors shall be in accordance
with applicable law.
(3)
Overdue
and unpaid fines shall be deducted from the salary or wages of an employee of
the College.
(4)
In
the case of students, grades and transcripts shall be withheld and the student
will not be eligible to register for classes until any and all overdue and
unpaid fine(s) is satisfied. In
addition, overdue and unpaid fines may be referred to a collection agency and
any additional fees incurred will be added to the outstanding balance due.
(5) Three or more
unanswered complaints in an 18-month period by the same person regarding
violations of a campus parking rule, shall result in a referral of the
registered vehicle owner to the New York State Commissioner of Motor Vehicles
for review in considering the renewal of an operator’s license and/or a motor
vehicle registration, and the imposition of a fee as approved by the campus
president or designee to meet the administrative costs of such referral.
563.8 Traffic Controls
(a)
Pursuant
to authority conferred by the New York State Education Law, the following
traffic regulations are established on the grounds of the
·
20
MPH is the maximum speed limit on
·
30
MPH is the maximum speed limit on
(b)
The
following intersections are designated as STOP intersections:
Intersection of With
STOP Sign on Entrance
From
1)
13) New
14) New
15) New
16) New
Campus Dr. Exit from Parking Lot V South
17) New
18) New
Campus Dr. Traffic Loop – Allen Bldg. North
20) New
21) New
22) New
Exit
(c). Parking is permitted in designated areas
only.
d). The following roadways are designated
for one-way traffic:
(1)
(2) East
exit from parking Lot T to
(2)
Traffic
loop south of the administration building for traffic moving in a
counter-clockwise direction only.
(3)
Residence
Drive east of Kenyon for traffic moving in a westerly direction.
(4)
Lot
O – East exit is one-way moving in a northerly direction.
(5)
Lot
L – Entrance off Kenyon is one-way traffic moving in a westerly direction.
(6)
Lot
L – Exits to
12/02