N.Y. Comp. Codes R. & Regs. tit. 8 § 581.4
Current through Register Vol. 46, No. 25, June 18, 2024
Section 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 Chief of University Police. The Chief of Police 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 windshields or inside the car. If extraordinary emergency circumstances arise the driver is advised to call the University Police Department and ask for assistance.(1) Summary regulations. The Vehicle and Traffic Law shall apply upon such premises notwithstanding any references in such to public highways, streets, 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 the applicable law. (i) All motor vehicles operated on campus must be registered with the college and display the appropriate college permit.(ii) Vehicles may be parked 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 pedestrians, 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 and service roads. (viii) Drivers on campus must obey all State and college regulations and all provisions of the 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.(2) Schedule of penalties. (i) Section 560.3 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 a fire zone or fire lane | $35 |
Parking in a no parking zone | $25 |
No campus parking permit displayed | $25 |
Parking out of stall | $25 |
Parking in an Accessible parking area | $100 |
| |
All other campus motor vehicle regulations | $25 |
For second offenses, add $20 to the base fine, for third and subsequent offenses, add $40 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, unpaid fines may be added to their Bursar accounts, and 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 parking privileges shall be revoked for the balance of the academic year upon the finding that 6 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 (County of Nassau, Village of Old Westbury, Village of Brookville, Town of Old Oyster Bay) according to the geographic location on the campus where the offense occurred.
(b) Enforcement activities (1) Ticketing (i) Police 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 file an appeal after paying a fine according to the printed schedule (subdivision (a)(2) of this section.(iii) In accordance with the Trustees' regulation 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:(2) 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. (i) The complaint shall be subscribed by the officer witnessing the violation and served upon the alleged violator or attached to the vehicle involved.(ii) The complaint shall indicate the amount of the fine assessable for the violation, and advise that if the person does not dispute the violation, fines may be paid at the Bursar's Office of the campus within seven days. The complaint will also notify the violator that the fine schedule is larger for repeat offenders as noted above.(iii) The complaint shall recite that an appeal must be filed within seven days after service of the charges by appearing in person at the University Police Department.(3) In cases when an appeal is filed, the traffic appeals officer shall file his/her decision (guilty or not guilty) with the University Police Department, which shall then communicate that decision both to the complainant and to the Bursar's office.(4) Vehicles that have four or more unresolved parking tickets may be declared a Scofflaw and towed at the owner/operator's expense. Such vehicles will be released only after the parking tickets have been resolved. The towing and storage expenses will be the obligation of the owner/operator of the vehicle. Nothing in this paragraph will prohibit the police department from towing a vehicle that has been determined to be abandoned or is parked in such a manner as to create a dangerous condition, mandating its immediate removal.N.Y. Comp. Codes R. & Regs. Tit. 8 § 581.4
Amended New York State Register September 30, 2020/Volume XLII, Issue 39, eff. 9/30/2020