N.Y. Comp. Codes R. & Regs. tit. 8 § 570.3

Current through Register Vol. 46, No. 43, October 23, 2024

Section 570.3 - Parking areas

(a) Definition. For the purposes of this Part, a parking area is defined as a surface with painted lines delineating the space for each motor vehicle and the service aisles leading to the spaces.

(b) Time limits for parking.

(1) Open parking is in effect in all parking lots except between 1 a.m. and 7 a.m. on Monday, Tuesday, Wednesday, Thursday, and Friday when classes are in session. On these five days, overnight (1 a.m. to 7 a.m.) parking is permitted only in:

(i) the Ring Road lot No. 9 off Brigham Road;

(ii) the center two rows (island) within the Nixon-Chautauqua lot No. 16 for restricted resident parking;

(iii) or by special permit in the area designated within the Nixon-Chautauqua lot No. 16.

(2) Snow removal regulations will be in effect from Saturday after Thanksgiving until April first unless modified. These snow regulations prohibit open overnight parking (1 a.m. to 7 a.m.) seven days a week even if classes do not meet the following day. Parking overnight during snow removal time is permitted only in the lots and areas named above seven nights a week and is permitted in all of the Nixon-Chautauqua lot No. 16 between 1:00 a.m. Saturday and 1:00 a.m. Monday.

(c) Violations and fines. Violations of the campus regulations governing parking areas shall include, but not be limited to, the following:

(1) unauthorized parking in spaces reserved for persons designated in subdivision (b) of section 570.5 of this Part (day or night);

(2) parking across lines delineating parking spaces;

(3) double parking;

(4) parking in traffic lanes;

(5) failure to register motor vehicle; and

(6) sticker improperly displayed.

The fine for each parking violation in a campus lot is ten dollars and is payable at the business office, Maytum Hall, within seven days. Any second and subsequent violations will be assessed at $15. Any protest must be registered with the hearing board (see section 570.4 of this Part). Any vehicle parked in violation of these regulations may be removed or towed away at the owner's expense. A vehicle immobilizer may be affixed at the owner's expense by the department of public safety to a vehicle parked in violation of these regulations where there is a need for prompt seizure of such vehicle after reasonable efforts to learn the name and address of the owner. The fee for removal of such equipment shall be an amount approved by the chancellor or his designee. Within seven days of violation, payment must be made in person or by mail to Cashier, Third Floor, Maytum Hall. Payment may also be made or request for a hearing by filing a written "notice of complaint" in person at the public safety office. Any vehicle parked in violation of these regulations may be removed or towed away at the owner's expense.

(d) Towing. The college reserves the authority to remove from the campus by towing, at the owner's expense, any motor vehicle which is not registered as required or which is parked in violation of campus parking regulations.

(1) Towing services may be provided by the college or by a commercial agency at the owner's expense.

(2) A service fee, in an amount approved by the chancellor, or designee, is charged by the college for its towing of vehicles from any location on campus. The amount of the fee shall be substantially based on the towing costs incurred by the campus.

(3) A storage fee, not exceeding $100 per day, will be charged for vehicles left in the tow compound for more than three days.

(e) Issuance of complaints. 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.

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

(2) The complaint shall indicate the amount of the fine assessable for the violation, and advise that if the person charged does not dispute the violation, fines may be paid at the business office or public safety office dropbox within seven days of issuance.

(3) The complaint shall recite that a hearing may be requested within seven days after service of the charges by appearing in person at the office of public safety.

(4) The complaint 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 college council in paragraph (3) of this subdivision, the complaint is proved and shall warrant such action as may then be appropriate.

(f) Failure to pay fines. Complaints issued by the public safety department of the university are for violation of this Part and shall advise that if the person charged does not dispute the violation, fines may be paid at the business office, Maytum Hall or public safety, Gregory Hall. Unpaid fines shall be deducted from the salary or wages of an offending officer or employee of the university. In the case of students, grades and transcripts shall be withheld until all fines are paid.

(g) Revocation of campus motor vehicle registration and parking privileges. Upon finding that 10 or more campus parking violations have been incurred during an academic year, the public safety department may revoke the campus motor vehicle registration and parking privileges of the offending individual and may direct that the vehicle be towed at the owner's expense if the revocation is violated.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 570.3