N.Y. Comp. Codes R. & Regs. tit. 8 § 571.4

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

Section 571.4 - Enforcement

(a) Tickets for violations must be issued only by members of the university police department.

(1) A complaint regarding any violation of the campus regulations shall be in writing reciting the time and place of the violation and the title, number or substance of the applicable rule.

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

(3) 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 must be paid within five business days after the date the ticket is issued.

(4) The complaint shall recite that, if the charge is disputed, an appeal hearing may be requested after paying the fine within five business days from the date the ticket was issued.

(5) The complaint shall recite that, should the alleged violator fail to act within the period prescribed in paragraph (3) and (4) of this subdivision, the complaint is proved and shall warrant that grades and transcripts will be withheld in the case of students and deduction will be made from salary or wages in the case of employees of the college. In all other cases, unpaid fines shall be referred to the office of the Attorney General for collection.

(b) If the violator disputes the charge and requests an appeal hearing, an appeal form will be supplied which will be used to schedule the offender before the campus parking violation appeals board. If the board finds the ticket was unwarranted, then the refund will be authorized. Appeals must be requested within five business days from the date of the ticket. Any person who does not appear before his or her scheduled appeals board meeting will forfeit his or her right of appeal. This means that the complaint is proved.

(c) The penalty for violation of these regulations is:

(1) a $15 fine for each violation; and

(2) a $50 fine for violation of a handicapped designated space.

Upon a finding that five campus parking violations have been incurred during an academic year, the campus motor vehicle registration may be revoked with a loss of parking privileges for the balance of the academic year and may result in the vehicle being towed from the campus at the violator's expense.

(d) Three or more unanswered complaints in an 18-month period by the same person regarding violations of a campus parking rule, shall result in a referral to the New York State Commissioner of Motor Vehicles for review in considering the renewal of an operator's license and/or a motor vehicle registration, and the imposition of a fee as approved by the campus president or designee, or by the Board of Trustees, as the case may be, to meet the administrative costs of such referral.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 571.4