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NEW YORK CODES, RULES AND REGULATIONS
TITLE 8. EDUCATION DEPARTMENT
CHAPTER V. STATE UNIVERSITY OF NEW YORK
SUBCHAPTER C. ADMINISTRATION AND OPERATION OF STATE-OPERATED INSTITUTIONS OF STATE UNIVERSITY OF NEW YORK
ARTICLE 3. VEHICULAR AND PEDEST
Date:
08/31/2009
Document:
ยง 581.4 Enforcement and control
(a) General. Parking on the campus is controlled by this Part, provisions of the Vehicle and Traffic Law, and orders of the Department of Transportation. No part of the campus motor vehicle regulations may be abrogated or mitigated by any official of the college without appropriate clearance through the committee on parking policy. The CPP may make recommendations to the president and such changes and amendments may be made by the college council with the approval of the trustees. Statements by college employees, if made in error, regarding the suitability of parking in a certain area will not relieve the driver of responsibility. Similar strictures apply to notes left on wind-shields or inside the car. If extraordinary emergency circumstances arise the driver is advised to call the safety and security office, identify himself and his car and ask for assistance.
(1) Summary regulations. The Vehicle and Traffic Law shall apply upon such premises notwithstanding any references in such law to public highways, streets, roads, or sidewalks. Orders of the Department of Transportation heretofore or hereafter promulgated for State University shall continue in full force and effect. A complaint regarding any violation of the Vehicle and Traffic Law, any Department of Transportation order or any traffic ordinance applicable on such premises shall be processed in accordance with the requirements of applicable law.
(i) All motor vehicles operated on campus must be registered with the college and display the appropriate college identification.
(ii) Vehicles may be parked only in those parking areas authorized for that vehicle and only within the lines designating a parking space whenever provided.
(iii) Vehicles may not be parked in any area other than one designated for parking.
(iv) Vehicles may not be operated except on authorized roadways or parking areas.
(v) Vehicles must be operated in such a manner as not to endanger or injure pedestrian property or other vehicles and drivers.
(vi) Vehicles may not be operated beyond posted speed limits. No person shall drive a vehicle on university streets, roads or highways at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing, but in no event shall a person drive a vehicle in excess of 30 miles per hour unless a different speed is authorized and indicated by the university or the Department of Transportation.
(vii) Vehicles may not park or stand in such a way that traffic, walks, hydrants, fire lanes, or college operations are obstructed. Parking is prohibited on all campus roads at all times, including access roads, service roads.
(viii) Drivers on campus must obey all State and college regulations and all provisions of State Vehicle and Traffic Law, posted signs, and the directions of college personnel who have been delegated the responsibility for traffic regulations, parking supervision, and the safety of persons and property on campus.
(ix) Vehicles that are inoperative, abandoned or are stored on campus are subject to removal at the owner's expense.
(x) Vehicles may not be parked in a metered parking space after the meter has expired.
(2) Schedule of penalties. (i) Section 560.3(c)(4) of the trustees' regulations permits the college council to set the fines for violation of campus motor vehicle regulations within designated limits. Accordingly, the following schedule of penalties is hereby established.
Violation Penalty
Parking within 15 feet of a fire hydrant or a standpipe connection $ 35
Parking in fire zone or fire lane $ 35
Parking in a No Parking Zone $ 15
No campus parking permit displayed $ 15
Parking out of stall $ 15
Parking in a Handicapped Area $ 35
Expired parking meter $ 15
All other campus motor vehicle regulations $ 15
For second offense of same violation, add $ 10 to the base fine; for the third and subsequent offenses, add $ 20 to the base fine.
(ii) The prosecution and collection of fines involving visitors shall be in accordance with applicable law.
(iii) Unpaid fines may be deducted from the salary or wages of an offending officer or employee of the university.
(iv) In the case of students, grades and transcripts may be withheld until all fines are paid.
(v) Fines shall be deposited in the State University income fund.
(vi) Motor vehicle registration and campus parking privileges shall be revoked for the balance of the academic year upon the finding that 10 or more parking violations have been incurred during an academic year. Penalties for violations of the Vehicle and Traffic Law shall be set by the respective traffic court to which offenders shall be summoned (Village of Old Westbury, Village of Brookville, or Town of Old Oyster Bay) according to the geographical location of the campus where the offense occurred.
(b) Enforcement activities. (1) Ticketing.
(i) Security officers are authorized to issue traffic summonses to any vehicle found in violation of traffic and parking regulations.
(ii) A vehicle operator who receives a summons for an infraction of the campus regulations stated above may request a hearing or pay a fine according to the printed schedule (subdivision (a)(2) of this section).
(iii) In accordance with the Trustees' regulations which govern vehicular and pedestrian traffic and parking upon the highways, streets, roads and sidewalks owned, controlled or maintained by the State University of New York and in conformity with section 560.3(d) of this Title, the college council has mandated that the following enforcement procedures shall be in effect:
(a) A complaint regarding any violation of a campus rule shall be in writing reciting the time and place of the violation and the title, number or substance of the applicable rule.
(b) The complaint shall be subscribed by the officer witnessing the violation and served upon the alleged violator or attached to the vehicle involved.
(c) The complaint shall indicate the amount of the fine assessable for the violation, and advise that if the person charged does not dispute the violation, fines may be paid at the business office of the campus within seven days.
(d) The complaint shall recite that a hearing may be requested within seven days after service of the charges by appearing in person at the office of the campus director of safety and security.
(e) The complaint shall recite that should the alleged violator fail to appear at the time fixed for the hearing or should no hearing be requested within the period as prescribed by the college council the complaint is proved and shall warrant such action as may then be appropriate.
(f) The chief administrative officer shall designate a hearing officer or board (traffic appeals board) not to exceed three persons to hear complaints for violation of campus traffic and parking regulations enforceable on campus. Such hearing officer or board shall not be bound by the rules of evidence but may hear or receive testimony or evidence directly relevant and material to the issues presented.
(g) At the conclusion of the hearing or not later than five days thereafter, such hearing officer or board shall file a report. A notice of the decision shall be promptly transmitted to the violator. The report shall include:
(1) the name and address of the alleged violator;
(2) the time and place when the complaint was issued;
(3) the campus rule violated;
(4) a concise statement of the facts established on the hearing based upon the testimony or other evidence offered;
(5) the time and place of the hearing;
(6) the names of all witnesses;
(7) each adjournment stating upon whose application and to what time and place it was made; and
(8) the decision (guilty or not guilty) of the hearing officer or board.
(2) Towing. (i) Vehicles are subject to towing if they are parked illegally, or so as to constitute a safety hazard or to interfere with college operations.
(ii) Any vehicle parked on campus in violation of subparagraphs (a)(1)(i), (ii), (iii), (vii) and (viii) of this section may be subject to towing at the owner's expense and also subject to the penalties identified for each offense.
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