N.Y. Comp. Codes R. & Regs. tit. 8 § 584.4

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

Section 584.4 - 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 university employees 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 chief of police or designee immediately, identify himself or herself and describe the vehicle and the location of the vehicle.

(1) All vehicles parked in restricted zones on campus must display the appropriate campus permit. An individual may not park any vehicle on campus that is displaying a false, altered or incorrect permit of any sort in disregard of campus regulations. (SBU)

(2) Vehicles must be parked only in parking zones authorized for the vehicle. Vehicles may not be parked in any area not designated as a parking space. (SBU)

(3) Vehicles must be parked within the lines designating an authorized parking space when the zone is so marked. (SBU)

(4) Vehicles may not be parked in any space other than the one designated for parking. (SBU)

(5) Vehicles may only be operated on authorized roadways and in parking lots. (UTT)

(6) Vehicles must be operated in a safe manner on campus at all times to avoid endangering or injuring pedestrians, property, other vehicles or other drivers. (UTT)

(7) Motorists must obey posted speed limits and signs regulating traffic and parking at all times. (UTT)

(8) Vehicles may not stand or be parked in any manner which obstructs fire hydrants, emergency vehicles or the carrying out of university business. Vehicles shall not park or stand in any manner which blocks any fire exit of any building or in any designated fire zone. (SBU)

(i) Vehicles, including motorcycles and mopeds, may not be parked in any paved or unpaved area that is adjacent to any campus building.

(9) Parking is prohibited on campus roadways at all times, including access roads, service roads, walkways and parking lot aisles or entrances. Parking is prohibited on walkways, sidewalks, along any roadway and on any grassy or unpaved areas adjacent to such roadways. Parking is prohibited on parking lot islands and areas striped to separate roadways or spaces in any parking lot or structure. (SBU)

(10) When driving on campus, motorists shall obey all State and university regulations. This includes temporarily posted signs and the direction of university personnel responsible for traffic control. (UTT)

(11) Vehicles that are illegally parked, abandoned or stored on campus are subject to ticketing, immobilization, towing and storing at owner's expense. (SBU or UTT)

(12) Vehicles parked in disability spaces shall display a valid disability parking permit issued to the driver or the person being transported. Improperly used handicap permits are subject to confiscation. A vehicle may not be parked so as to block any access ramp or in a marked space adjacent to a designated disability space. (SBU)

(13) Under no circumstances may vehicles be parked in a manner which obstructs access by dumpster waste removal vehicles. (SBU)

(14) Vehicles may not pass buses stopped on roadways, that are displaying flashing four-way signals. (UTT or SBU)

(15) Engine idling in loading zones or enclosed areas, such as the main library loading zone, physics loading zone and the health sciences loading dock area, is not permitted. (UTT)

(16) A vehicle may not be parked at a parking meter during official hours of operation unless the proper amount has been paid. (SBU)

(17) Parked vehicles may not obstruct posted locations such as bus stops, drop-off sites, patient pick-up, valet parking. (SBU)

(18) Speed limit in parking lots and structures. All vehicles in a parking area shall be driven with caution and due regard for both actual and potential pedestrian and other hazards. In no event shall any person drive a vehicle in any campus parking lot or structure in excess of five miles per hour. (UTT)

(19) Pedestrians have the right-of-way at all times. A vehicle may not be parked, stopped or standing in a manner that blocks a pedestrian walkway. (SBU)

(20) Overnight parking is prohibited in the administration garage. Improperly stored or abandoned vehicles and attachments are subject to confiscation and disposal in accordance with the provisions of New York State Law. (SBU or UTT)

(i) All costs related to the removal or disposal of an abandoned or stored vehicle shall be at the owner's expense.

(21) Motorcycles and mopeds are subject to the same restrictions as all other motorized vehicles. They may not be driven on walkways nor parked close to buildings or proximity to any building entrance or exit. Cyclists shall yield the right-of-way to pedestrians at crosswalks and walkways. (SBU or UTT)

(22) All drivers of vehicles on campus shall obey the traffic commands of officers of the university police department. (SBU or UTT)

(23) Any other violation of these regulations or applicable law not otherwise set forth herein, as specified on the following summons:

(i) Uniform traffic ticket (Suffolk County or UTT);

(ii) Stony Brook ticket (SBU).

Parking Grade I violations - $150 fine are life safety infractions-Parking in a fire zone; parking within 15 feet of a hydrant, stand-pipe or fire exit; failure to display a valid permit when parking in a designated disability space; blocking a disability-adjacent space or ramp, pedestrian walkway/crosswalk or fire exit; displaying an altered or expired permit.

Parking Grade II violations - $50 fine are accessibility infractions-blocking dumpster or blocking campus operations; parking on traffic island or within a painted grid; parked in a designated no parking or loading zone; parking on the roadway, on the sidewalk, walkways/bike paths; parking not in a parking space.

Parking Grade III violations -$30 fine are administrative infractions-unauthorized parking, including failure to display proper permit; being parked or standing in two contiguous or adjacent spaces; overnight parking in restricted lot; not parked between lines, parked on grass or unpaved area, standing engine idling in enclosed area, abandoned vehicle, expired meter, other violation specified on summons.

Parking Grade IV violations - $100 fine are fraud/misuse fines, other misconduct related to parking; and other appropriate actions including replacement costs where applicable.

(a) alteration, tampering or misuse of permit;

(b) displaying stolen permit;

(c) tampering, damaging, or destruction of signage of equipment.

(24) Parking warning tickets may be issued and shall be recorded as part of the individual's parking history.

(25) If the SBU parking ticket is not paid or appealed within 14 days, a late fee of $10 shall be imposed.

(b)Enforcement activities.

(1) Ticketing. Officers are empowered to issue summonses (tickets) to vehicles found in violation of all traffic and parking regulations. Summonses are issued in accordance with subdivision (a) 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 chief of police, may issue Stony Brook SBU 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 on-line or at the bursar/student account/parking service office. Fines may be paid at the university bursar's office, or by mail in the form of personal check, postal money order, bank money order or credit card or on-line. Cash will be accepted at the bursar's office but should not be sent through the mail.

(ii) Failure to pay a summons when due may result in the imposition of a late payment fee. Failure to pay a summons within 30 days of issuance may result in the imposition of additional late payment fees, each consecutive 30-day period.

(3) Appeals.

(i) A plea of innocent to a summons, a claim of extenuating circumstances, or a request for personal hearing, shall be made at the traffic appeals hearing office. Appeals may be submitted on-line. Submitted appeals may be left at the bursar/student account/parking services office to be forwarded to the hearing office.

(ii) Appeals must be submitted within 14 calendar days following the date of issuance, or within three class or working days, if holidays or school vacations intervene during the academic year.

(iii) Unfavorable appeal decisions rendered by traffic appeals hearing officers may be taken to the TAB. Written appeals submitted for consideration by the TAB must be filed within 14 days of the date on which the hearing officer rendered a decision.

(iv) Whenever an appeal is denied by the hearing officer or the TAB on appeal, 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.

(4) Hearing officers.

(i) The campus president 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) Traffic appeals boards.

(i) A further appeal of a hearing officer's decision may be made to the TAB, in writing, within 14 days of the decision rendered by the hearing officer. The TAB will consider submitted appeals at its scheduled meetings. Decisions of the TAB will be mailed to the appellant within 14 days of the board's decision. Decisions of the TAB are final.

(ii) Repeat violators, persons charged with unusually serious offenses and persons who fail to respond to an issued summons, may be immediately referred to the TAB. The board may assign appropriate penalties and may refer an offender to the appropriate university officials for disciplinary action.

(iii) On request, the TAB may also consider parking permit determinations, including special service permit applications.

(iv) The TAB may enter a default plea of guilty for violators whose prior infractions are subject to collections or wage deduction proceedings or New York State scofflaw procedure through the Department of Motor Vehicles upon application of Parking Services.

(6) Towing/Immobilization.

(i) Vehicles liable to towing/immobilization. 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 outstanding fines in excess of $200 are subject to immediate towing/immobilization. All vehicles shall be towed/immobilized at the owner's expense. The owner shall also be liable for any penalties assessed for the violation for which the vehicle was towed/immobilized.

(a) Any vehicle towed/immobilized with outstanding fines/fees in excess of $200 may not be released until the outstanding amount has been paid in full.

(ii) Claiming towed vehicles.

(a) Towing/immobilization charges must be paid at the bursar's office. The payment receipt from the bursar's office shall be presented to the student accounts/parking services office to obtain release of the vehicle.

Note:

If a vehicle is claimed after normal university business hours, on weekends or holidays, the university police department will accept the towing charges directly and issue an appropriate receipt. The vehicle will then be released by the university police department. The police department is open 24 hours each day, seven days a week.

(b) 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.

(c) This letter shall state that if the vehicle is not claimed within 10 calendar days of receipt of the letter, the vehicle will be determined abandoned 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.

(d) A storage fee of $10 per day shall be assessed beginning the first day that the claiming period begins. On payment of any fines, fees and charges owed the university, the owner/operator shall be furnished a written receipt. The release of an impounded vehicle shall be conditioned upon payment of past due charges. The 10-day claiming period may be extended by the chief of police or designee for sufficient cause, provided that the storage fee shall continue to accrue during any such extension.

(e) An unclaimed vehicle may be deemed to be abandoned if not claimed within the required period and disposed of in accordance with the section 1224(c)(6) of the New York State Vehicle and Traffic Law and any proceeds arising from such disposal shall remain with the university.

(7) Additional sanctions-students. If a student fails to pay a parking fine, the university shall withhold his/her grades, transcript and deny enrollment.

Note:

The university shall withhold or deny grade reports, certificates, diplomas and requests for transcripts from any student of the university who, prior to the end of classes in any semester, has failed to pay such fines assessed against him/her. This sanction shall continue until the fines are paid. Further, no person shall be allowed to enroll for classes until all fines, fees and other charges have been paid. Students with unpaid fines at the time of a required vehicle registration may not register for on campus parking privileges until the fines are paid. Students may also be referred to the Office of University Community Standards.

(8) Additional sanctions-employees. The university may deduct unpaid fines from the wages of university officers and employees and university affiliate officers and employees. Repeat offenders may be referred to labor relations.

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

(10) Abandoned vehicles. All provisions of New York State Vehicle and Traffic Law on abandoned vehicles shall apply on each university campus. Abandoned vehicles shall be disposed of in accordance with the provisions of New York State law.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 584.4

Amended, New York State Register May 28, 2014/Volume XXXVI, Issue 21, eff.5/28/2014

Amended New York State Register March 16, 2016/Volume XXXVIII, Issue 11, eff.3/16/2016