N.Y. Comp. Codes R. & Regs. tit. 8 § 566.7

Current through Register Vol. 46, No. 50, December 11, 2024

Section 566.7 - Enforcement and penalties

(a) A complaint regarding any violation of the Vehicle and Traffic Law, or any traffic ordinance applicable on such premises shall be processed in accordance with the requirements of applicable law and campus rules and regulations. A violation of any section of the Vehicle and Traffic Law shall be a misdemeanor or traffic infraction as designated in such law, and shall be punishable as therein provided. Such laws adopted by State University of New York above shall be enforced in any court having jurisdiction.

(b)Violations of campus vehicle registration permits.

(1) Violations of the provisions of the university rules and regulations relating to the display of current vehicle registration permits and university parking permits which lead to a summons are subject to the following schedules of fines and penalties as approved by the university:

(i) No current, appropriately displayed campus vehicle registration permit.

The first ticket issued for this violation will be waived if the vehicle is registered at the Parking Services Office within five calendar days of issuance of the ticket.

(ii) Vehicle may be towed away at owner's expense. (If a vehicle is towed to another location on campus a currently valid driver's license and insurance card must be checked by the Parking Services Office or University Police Department before vehicle may be claimed.)

(2) Tampering with, fraudulent use of, or counterfeiting of campus vehicle registration permits or any other unauthorized use of permits, or obtaining a permit by giving false information:

(i) The university may rescind campus vehicle privileges in accordance with SUNY Board of Trustees policy.

(ii) Individuals may be subject to university disciplinary action and/or arrest.

(iii) A fine in an amount approved by the university may be levied in conformity with section 560.3 of this Title.

(3) Those entering the campus confines between the hours of 12 midnight and 5 a.m. without a current campus vehicle registration permit may be subject to prosecution for trespass.

(c) Violations of traffic and parking regulations are subject to fines and penalties approved by the university and violator's vehicle may be towed or immobilized at the owner's expense.

(d)Unpaid fines.

The university may withhold unpaid fines from employees' pay-checks. Parking privileges may be revoked for non-payment of outstanding fines. Unpaid fines shall be deducted from employee paychecks. All unpaid and unappealed student parking violations are entered on a delinquency list eight calendar days after issuance. Grades, transcripts, and permission to register in courses may be withheld until fines are paid. All other violators may have parking privileges revoked. In all cases, a vehicular wheel immobilizer may be applied to render the vehicle inoperable. The wheel immobilizer will not be removed until unpaid violations and a service charge in an amount as determined by the university are paid.

(e)Enforcement and appeals.

(1) 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 of substance of the applicable rule.

(i) The complaint must be subscribed by the person witnessing the violation and served upon the 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 charged does not dispute the violation, fines not paid within 30 days of receipt of violation are subject to doubling.

(iii) The complaint recites that an appeal on a disputed violation may be requested, in writing, within 30 days after service of the charges by obtaining an appeals form from the Parking Services Office, G-8, Couper Administration Building, or such other place as may be designated by the council. Written appeals of parking ticket(s) submitted in person to the Parking Services Office within eight calendar days of ticket issuance will not be placed on the delinquency list unless they are disapproved by the Parking Appeals Board.

(iv) The complainant shall recite that should the alleged violator fail to appear at the time fixed for the hearing or should no hearing be requested within a 30-day period prescribed by the college council in subparagraph (iii) of this paragraph, the complaint is proved and shall warrant such action as may then be appropriate.

(2) The Vice President for administration 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.

(3) At the conclusion of the hearing or not later than five days thereafter, such hearing officer or board shall file a report. A notice of the decision shall be promptly transmitted to the violator. The report shall include:

(i) the name and address of the alleged violator;

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

(iii) the campus rule violated;

(iv) a concise statement of the facts established on the hearing based upon the testimony or other evidence offered;

(v) the time and place of the hearing;

(vi) the names of all witnesses;

(vii) each adjournment, stating upon whose application and to what time and place it was made;

(viii) the decision (guilty or not guilty) approved or disapproved of the hearing officer or board.

(g) Freshmen who reside in university residence halls and who illegally park a vehicle on campus may be fined in an amount approved by the university.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 566.7

Amended, New York State Register, Volume XXXVI, Issue 27, effective 7/9/2014