N.Y. Comp. Codes R. & Regs. tit. 8 § 565.7

Current through Register Vol. 46, No. 25, June 18, 2024

Section 565.7 - Penalties and procedures; violations of campus traffic and parking regulations

(a) Uniform traffic violations are mandated by the State of New York within a court of competent jurisdiction as directed in the summons.

(b) Any violation of a campus traffic or parking regulation shall be in writing, reciting the time and place of the violation and title, number or substance of the applicable rule.

(c) Any parking violation charged to a permit number is the responsibility of the campus registrant to whom the permit was issued, regardless of vehicle ownership. Any parking violation charged to a vehicle without a permit will be charged to the campus member who is associated with the vehicle owner, or vehicle owner, if there is no campus association.

(d) With the accumulation of five or more violations in an academic year, a vehicle parked in violation of the campus regulations may be towed without warning, even if all fines have been paid; or in the event of 10 or more violations, the revocation of all campus parking privileges for the balance of the academic year.

(e) Penalties and fees assessed:

NO PERMIT VISIBLE: Individual has failed to properly display a valid parking permit while parking a vehicle registered or unreg istered on campus -$25 per violation.

EXPIRED PERMIT: Registrant has failed to renew parking perm it before the current permit term has ended -$25 per violation.

UNAUTHORIZED PERMIT: Unauthorized use of a parking permit on a vehicle parked on campus -$25 per violation and the potent ial for disciplinary action.

VIOLATION OF DEFINED LINES: Parking in a manner that renders an adjoining parking space unusable, or creates a safety hazard -$10 per violation.

WRONG LOT: Vehicle is violating lot restriction during rest ricted hours, M-F, 8a-5p -$25 per violation.

NO PARKING ZONE: Vehicle is parked outside of designated parking areas. This includes parking on grass or seeded areas, zones designated by signage, driveways, roadways, etc, or that may create a safe ty hazard -$25 per violation and the potential for towing, without warn ing, in the event of a safety hazard.

NO OVERNIGHT PARKING: Vehicle is parked in lot that restrict s overnight parking after midnight -$2 5 per violation.

PARKED IN HANDICAPPED: Vehicle is not authorized to park in the space reserved for handicapped space -$50 per violation.

RESERVED PARKING: Vehicle is not authorized to park in the designated reserved space -$ 30 per violation.

TOW FEE: Any vehicle towed off campus premises is assessed a t ow fee in addition to the applicable violation, and any fees ass essed by the private tow service -$ 50 per violation.

OTHER VIOLATION: as stated on the citation, does not meet wit h campus traffic and parking regulations -$25 per violation.

(f)Payment of fines.

(1) Fines are payable as per the instructions on the ticket.

(2) The prosecution and collection of fines shall be in accordance with applicable law.

(i) The prosecution and collection of fines for visitors shall be voided, until such time as five or more violations are accrued in one academic year. After such time the University reserves the right to tow, without warning, any visitor vehicle which is in violation of any campus traffic and parking regulations.

(ii) Fines may be deducted from the salary or wages of an offending officer or employee of the university.

(iii) Student grades and transcripts may be withheld until all fines are paid.

(3) Unpaid fines shall restrict access to the vehicle registrant's account until all fines are paid.

(g)Appeals.

(1) Appeals Board. The President of the State University of New York College at Plattsburgh designates three persons and three alternates to serve on the Traffic and Parking Appeals Board. The board shall hear complaints for violations of the campus traffic and parking regulations enforceable on campus. In no way is this to be construed to take precedence over section 565.2 of this Part. No board member will consider any appeal emanating from an immediate supervisor.

(2) Appellant rights. Appellant rights.

(i) The alleged violator has the right to appeal a parking violation in writing, or in person, provided the appeal is submitted in accordance with the campus traffic and parking regulations.

(ii) The alleged violator has the right to re-appeal a parking violation, provided there is new evidence to support the original appeal.

(3) Filing an appeal. Filing an appeal.

(i) A hearing may be requested by submitting an appeal to the University Police within five business days from receipt of a violation. Failure to submit an appeal within five business days mandates that the violation is valid.

(ii) Any visitor who receives a "No Permit Visible" violation shall complete the reverse of the ticket, and return it within five business days to University Police, 101 Broad Street, Plattsburgh, NY 12901.

(iii) Should an alleged violator fail to appear at the time fixed for the hearing, or should no hearing be requested within the five business days of receipt of the violation, the complaint is proved and shall warrant the violation as valid.

(4) Appeal results. Appeal results.

(i) At the conclusion of the hearing, or not later than five business days thereafter, the Appeals Board shall file a report, which will be communicated promptly to the appellant.

(ii) Appeal result codes:

"V" - VALID. The violation is determined to be a valid offense, and payment is due to Student Accounts, Kehoe 101, within five business days.

"W" - WAIVE. The violation is hereby waived and no payment is required. A prepaid violation will be credited, if applicable.

"WL" - WAIVE LIST. The Appeals Board reserves the right to waive a first offense for "No Permit Visible" as a one-time warning, when proof of compliance is reported on the appeal. Subsequent violations for "No Permit Visible" within the current academic year will be considered valid offenses.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 565.7

Amended, New York State Register August 27, 2014/Volume XXXVI, Issue 34, eff.8/27/2014

Amended New York State Register July 26, 2017 /Volume XXXIX, Issue 30, eff.7/26/2017