N.Y. Comp. Codes R. & Regs. tit. 8 § 578.3

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

Section 578.3 - Additional local rules and regulations governing vehicular traffic and parking at state university college of arts and science at geneseo

(a) Applicability of regulations. This Part supersedes and replaces all previously stated rules and regulations. Each person is subject at all times to this Part. Association with the college as a student, as a member of the faculty or staff, as an employee of a contractor or in any other manner is considered as evidence of knowledgeable acceptance of this Part.

(b) Parking regulations.

(1) Each person associated with the college must register each year each motor vehicle brought onto the campus. This may be done at regular registration times, at the campus public safety office in Blake A, room 110. Proof of ownership, operator's license and college identification are required to register a vehicle. A change of license must be reported within 10 days to campus public safety. A new vehicle, acquired during the college academic year, must be registered in order to park on the campus. No student, member of the faculty or staff, or employee of a contractor shall operate or park a motor vehicle of any kind or description on premises or property under the control of State University College of Arts and Science at Geneseo unless such motor vehicle is properly registered with the campus public safety office.

(2) Such registration shall be valid for the academic year and shall be contingent upon the registrant's remaining enrolled or employed at the college.

(3) At the time the vehicle is registered, a registration decal will be issued which must be affixed to the vehicle in accordance with instructions provided. Where such registered vehicle is sold or transferred or where the owner or operator is no longer enrolled or in the employ of the institution or in the event of the revocation of a registration, such decal must be removed and destroyed.

(4) At this college, the campus parking areas have been designated respectively for students, faculty, other staff or visitors as the case may be. No motor vehicle may be parked in a designated parking area other than the parking area to which the registrant or visitor has been assigned as indicated by the visitor's permit or parking decal. Special parking permissions may be granted by the public safety office in emergencies or extraordinary circumstances providing that advance approval has been obtained. Guests of the college or visitors to the campus should obtain parking permits in the campus public safety office.

(5) Parking fees as approved by the Chancellor, or designee, shall be charged for motor vehicles parked within designated lots consistent with applicable collective bargaining agreements and in accordance with guidelines established by the Chancellor or designee. Such guidelines shall 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 at Geneseo.

(6) No person shall park a motor vehicle within his designated parking area other than within the space for the parking or standing of a motor vehicle as indicated by posted signs, pavement markings, or painted lines restricting or limiting such parking.

(7) No person shall fail to observe and obey any slow, stop, yield, caution, sidewalk, no parking, or any other duly posted sign or indication regulating traffic or parking.

(8) Due to limited parking facilities at the college, parking is on a space available basis. If, at a given time, all parking spaces in lots designated are being utilized, the operator must park the car off campus.

(9) 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.

(c) Vehicular roadways.

(1) The following are the only vehicular roadways on or near the Geneseo campus:

(i) University Drive from Court Street to Wadsworth Street.

(ii) College Drive from Route 63 to Area "K" parking lot.

(iii) Routes 63, 39, 20A, Court Street, Main Street and South Street are obviously vehicular roadways and subject to State and/or local regulations and enforcement as are Wadsworth, Bank, School, Franklin, Park Streets and University Drive from Main Street to Wadsworth Street.

Interior campus roadways and campus walkways are prohibited to vehicular traffic for all vehicles except fire, police and authorized campus service vehicles. 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. Campus speed limit is 15 miles per hour.

(d) Towing and impounding.

(1) Any motor vehicle operated or parked on campus in violation of this Part may be removed, towed away and stored at the owner's expense. The college accepts no liability for damage as a result of this action.

(2) Accumulation of five or more summonses in one registration year will result in towing and impounding.

(3) Vehicles blocking traffic or fire and emergency lanes will be towed immediately.

(4) A motor vehicle left more than seven days in one spot without permission shall be considered abandoned and will be towed and impounded.

(e) Violations.

(1) Any person who violates this Part shall be subject to a fine, revocation of campus registration, or other penalty provided, after a hearing, conducted by a hearing officer or board designated by the chief administrative officer, if such hearing is requested.

(2) Such fine for each violation shall be $10. Upon the receipt of 10 citations for campus parking violations during an academic year, a campus motor vehicle registration shall be revoked for the balance of the academic year.

(f) Notice, hearing and determination of charges.

(1) A complaint or citation regarding any violation of the Vehicle and Traffic Law, or any traffic ordinance, which the locality is permitted to adopt, shall be processed through the local magistrate in accordance with the requirements of applicable law.

(2) A citation or complaint (traffic summons) regarding any violation of the campus rules and regulations shall be in writing citing the time and place of the violation and the title, number or substance of the applicable rule.

(i) A citation or complaint must be subscribed by the officer witnessing the violation and shall be served upon the violator or be attached to the vehicle involved.

(ii) The complaint shall indicate the amount of the fine assessable for the violation and if the person charged does not dispute the violation, the fine of $10 may be paid at the college bursar's office within five working days.

(iii) If a hearing or appeal is requested, this request must be made within 48 hours of service of the charges by appearing in person at the office of the campus public safety director.

(iv) Should the alleged violator fail to appear at the time fixed for the hearing or should no hearing be requested within the prescribed time, the complaint is proved and shall warrant such action as may then be appropriate.

(v) All fines collected by the college bursar shall be deposited in the State University income fund.

(vi) The chief administrative officer shall designate a hearing officer or 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 any testimony or evidence directly relevant and material to the issues presented.

(vii) At the conclusion of the hearing or not later than five days thereafter, such hearing officer or board shall file a decision and report in such location as may be designated by the chief administrative officer. A notice of the decision shall be promptly transmitted to the violator. The report shall include:

(a) the name and address of the violator;

(b) the time and place when the complaint was issued;

(c) the campus rule violated;

(d) a concise statement of the facts established at the 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 upheld or denied of the hearing officer.

(g) Adjudication. Moving violations will be charged under the Vehicle and Traffic Law and will be adjudicated off campus by a magistrate. Parking violations are appropriate for campus handling and will be adjudicated on campus by a hearing officer, if a hearing is requested.

(h) Miscellaneous.

(1) The absence at a given time or place of a citation for improper driving or parking in violation of this Part does not condone the action of the operator of the motor vehicle or any other operator and is not a defense.

(2) During the hours 6 p.m. to 12 midnight Monday through Friday, there will be open parking in all lots except "O" lot which is closed 24 hours a day. There will be open parking in all lots except "O" lot on Saturdays and Sundays from 7 a.m. to 12 midnight. Parking spaces in any lots which are designated as "reserved" spaces may not be utilized at any time.

(i) This Part becomes effective and shall be enforced upon approval of the State University Board of Trustees and by the filing as required by law and publication. This Part will be initially posted in each building and a copy provided to each registrant and, in addition, will be filed with appropriate civil offices.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 578.3