N.Y. Comp. Codes R. & Regs. tit. 8 § 572.4

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

Section 572.4 - Enforcement

(a)General.

Parking on the campus is controlled by these regulations and the applicable provisions of the New York State Vehicle and Traffic Law. Erroneous statements by non-parking and transportation services personnel about the suitability of parking in a certain area shall not relieve the driver of responsibility for any violation. If extraordinary emergency circumstances arise, the driver must notify the director of parking and transportation services or the chief of police and describe the vehicle and the location of the vehicle. Appropriate permissions and/or further guidance would be issued at that time.

(b) Violations are of two categories:

(1) non-moving (parking citation); and

(2) moving (traffic summons).

(c) A uniform traffic ticket (summons) is issued for all moving violations and is returnable to the City of Buffalo or Town of Amherst courts.

(d) The following list represents parking infractions typically enforced on the campuses:

(1) parking is prohibited on all roadways unless otherwise posted;

(2) possession of a UB parking permit (or sticker) entitles the holder to park only if there is available space in the allotted parking area(s). The university does not guarantee a parking space;

(3) faculty, staff, and students must display a valid permit. Most permits take the form of a hang-tag that must be hung from the rear view mirror of the vehicle;

(4) visitor spaces are available on campus and are designated by appropriate signage. Visitor permits are required and may be obtained from the campus parking office, the Fronczak lot visitor's booth, or the campus department being visited;

(5) no person shall park a vehicle on the premises of the university in such manner as to interfere with the use of a fire hydrant, fire lane, or other emergency zone, create any other hazard or unreasonably interfere with the free and proper use of a roadway or pedestrian way;

(6) bicycles are permitted on all campus roadways. Bicycles must be parked in one of the bicycle racks provided for them at various locations on the campus;

(7) overnight parking is prohibited except as posted;

(8) working after midnight. Faculty, staff and students, whose work requires their presence on campus after midnight, shall park in authorized overnight parking areas as posted;

(9) winter lot restrictions. All vehicles are required to be parked in accordance with posted overnight parking restrictions. Vehicles in violation of posted restrictions may be towed at the owner's expense;

(10) motorcycle and moped parking is permitted in spaces designated for motorcycle parking only, or in any parking lot where their permit is valid;

(11) for certain events, parking may not be limited to parking lots. Specific roads and/or areas not otherwise used for parking may be designated for parking by the campus parking office;

(12) the following lists penalties affiliated with each campus parking violation and tow fees:

Violation No.	Description	Amount	With Late Penalty
1.	overnight parking prohibited	$30	$50
2.	parked within 15 feet of fire hydrant	$50	$70
3.	parking in fire lane	$50	$70
4.	handicap area	$100	$120
5.	expired meter	$30	$50
6.	parked on grass	$30	$50
7.	less than 20 feet from crosswalk	$50	$70
8.	blocking driveway	$50	$70
9.	vehicle more than 12 in. from the curb	$30	$50
10.	parked on roadway	$30	$50
11.	parked on sidewalk	$50	$70
12.	no parking, stopping, standing zones	$50	$70
13.	parking in restricted zone	$30	$50
14.	parked beyond authorized time limit	$30	$50
15.	no valid permit	$30	$50
16.	parked within intersection	$50	$70
17.	double parked	$50	$70
18.	no Student Permit	$30	$50
19.	parked against the direction of authorized traffic movement	$50	$70
20.	parked in loading zone	$50	$70
21.	parked outside designated space	$30	$50
22.	no faculty, staff permit	$30	$50
23.	no child center permit	$30	$50
24.	parked straddling lines	$30	$50
25.	parked beyond double yellow line	$30	$50
26.	other (with comment and description) *	$30	$50
27.	triple parking	$50	$70
28.	mini tow fee	$50	N/A
29.	towing fee	$75	N/A
30.	parked in student apartment lot without sticker	$30	$50
31.	parked without valid State registration	$30	$50
32.	stolen/forged/altered/illegally obtained permit	$50	$70

(*) Violations issued for other refer to parking infractions that may not be set forth in this article. Issuing officer will provide a clear description of the parking impact, consistent with New York State Vehicle and Traffic Law.

Parking warning tickets may be issued and shall be recorded as part of the individuals' parking history. All parking citations are returnable as described pursuant to the State University Trustees umbrella regulations (section 560.3[d] of this Title).

(e)Enforcement activities.

(1) Ticketing. Parking enforcement officers and university police officers are empowered to issue summonses (tickets) to vehicles found in violation of any parking regulations. Summonses are issued in accordance with subdivision (a) and (b) of this section. Officers are empowered to issue adjudication summonses when appropriate due to the seriousness of the situation. Note: other personnel, when designated and authorized by the director of parking and transportation services may issue university summonses to vehicles found parked in violation of these regulations.

(2) Cited violators.

(i) Each issued summons must be answered by paying the fine or by filing an appropriate appeal online or in-person at parking and transportation services. Fines may be paid at parking and transportation services, online, and/or at the student response center, as prescribed on each summons.

(ii) Failure to pay a summons when due will result in the imposition of a late payment fee, in accordance with subdivision (d) of this section.

(3) Appeals.

(i) A plea of innocent to a summons, a claim of extenuating circumstances, or a request for personal hearing, shall be made in accordance with printed instructions on the summons. Appeals may be submitted in-person at parking and transportation services or online via the parking website.

(ii) Appeals must be submitted in writing within 15 calendar days following the date of issuance. This constitutes the first step of the appeal process.

(iii) Unfavorable appeal decisions at the first step described above may be taken to the second step of the appeal process, by requesting an in-person hearing. Request for hearing must be submitted to parking and transportation services within 10 days of the date of the first step decision.

(iv) Hearings are scheduled before an appeals officer and are heard under oath. Appellants are allowed to make sworn statements and provide further evidence in support of the appeal. Hearings are tape recorded and scheduled for approximately 15 minutes in duration.

(v) Whenever an appeal is denied by the hearing officer, the appellant must pay the fine. Failure of a student to pay a fine may result in the withholding of transcripts and imposition of other university sanctions until the fine is paid. Failure of a university employee to pay a fine may result in appropriate deduction from salary or wages due until the fine is paid. Failure of visitors to pay fines may result in legal proceedings.

(vi) Subsequent to paying the fine, the appellant may access a third and final step of the appeal process, which entails the coordination of a three member panel of university faculty, staff, and student members. The panel's responsibility is to review the decision(s) made at prior appeal steps in effort to determine whether there was an error in fact or law, or that the appellant was not afforded due process. If these criteria are not met then the panel cannot reverse a hearing officer's decision. The first and second step appeal information is reviewed during a panel meeting; appellants do not appear.

(4) Hearing officers.

(i) The chief administrative officer (or designee) shall designate a hearing officer(s) or board not to exceed three persons to receive and examine appeals submitted by individuals cited for violation of traffic and parking regulations enforced on campus. The hearing officers or board shall not be bound by the rules of evidence, but may hear or receive any testimony or evidence directly relevant to the issues involved.

(ii) The hearing officer(s) will give a decision on the submitted appeal at the time the appeal is received, unless further investigation is required. A written decision will be rendered on a written appeal.

(5) Towing/immobilization.

(i) Vehicles on campus parked illegally or which constitute a safety hazard, interfere with university operations or are not removed upon notice, are subject to being towed or immobilized. Vehicles owned/operated by individuals with six or more outstanding parking tickets are subject to immediate towing/immobilization. All vehicles shall be towed/immobilized at the owner's expense. In addition, the owner shall also be liable for any penalties assessed for the violation for which the vehicle was towed/immobilized.

(ii) Claiming towed vehicles.

(a) Towing/immobilization charges must be paid at parking and transportation services. A tow release form is given to the claimant when payment is received. The tow release form must then be taken to university police, who will then release the vehicle to the owner/operator. Note: A tow release form can only be obtained during the business hours of parking and transportation services. Vehicles towed for violation of campus parking regulations shall be placed in the campus impound area. If the vehicle is not claimed by the owner within 24 hours (excluding weekends and holidays), a letter shall be sent by registered mail to the owner of record.

(b) This letter shall state that if the vehicle is not claimed within 10 calendar days of receipt of the letter, the vehicle will be towed off campus and disposed of according to law; that the university is not responsible for vehicles left unclaimed after the 10 calendar day period has expired and that all accrued towing, storage and related fees or charges shall be paid prior to redemption.

(6) Additional sanctions - students. Any student who has unpaid parking tickets will have a registration hold placed on his/her student record, preventing him/her from registering for courses. This hold may only be removed upon presentation of a receipt from the parking office showing that all tickets have been paid in full or that a pay agreement has been made. This registration hold also prevents students from receiving grades, transcripts and diplomas.

(7) Additional sanctions - employees. Deduction from wages for faculty and staff. Overdue and unpaid fines may be deducted from the salary or wages of an offending officer or employee (faculty and staff) of the University at Buffalo.

(8) Collection proceedings. The university may initiate collection proceedings to recover unpaid fines.

(9) Scofflaw procedures. Vehicles with three or more unpaid citations within an 18 month period are subject to New York State scofflaw procedures that prevent vehicle registration renewals.

(10) Registration revocation. Faculty, staff, and student registration permits may be revoked with a loss of parking privileges for the balance of the permit cycle upon a finding that 10 or more unpaid campus parking violations have been incurred during an academic year.

(i) A notice of proposed revocation shall be in writing and shall be delivered to the registered owner of the vehicle:

(a) The notice shall recite that a hearing may be requested within seven days after receipt of the letter. The in-person hearing will be subsequently scheduled at parking and transportation services (or such other place as may be designated by the council).

(b) The notice 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 notice, the permit will be revoked.

(ii) The chief administrative officer shall designate a hearing officer or board, not to exceed three persons, to adjudicate the issuance of a revocation of parking registration and loss of parking privileges where a hearing has been requested. Such hearing officer or board 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 presented. 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 record shall include:

(a) the name and address of the alleged violator;

(b) the time and place when the notice of proposed revocation was issued;

(c) the campus rule violated;

(d) a concise statement of the facts established on hearing based upon the testimony or other evidence offered;

(e) the time and place of the hearing;

(f) the names of all witnesses;

(g) each adjournment, stating upon whose application and to what time and place it was made;

(h) the decision (guilty or not guilty) of the hearing officer or board.

(11) Abandoned vehicles. A motor vehicle shall be deemed abandoned if left for more than seven days in one parking space without permission. Abandoned vehicles shall be disposed of in accordance with the provisions of New York State Vehicle and Traffic Law 1224.

(i) The last registered owner of an abandoned vehicle shall be liable to the municipal authority having jurisdiction for the cost of removal and storage.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 572.4

Amended New York State Register June 22, 2016/Volume XXXVIII, Issue 25, eff.6/22/2016