Section 565.1 Preamble.

This Part governs vehicular and pedestrian traffic and parking upon the highways, streets, roads and sidewalks owned, controlled or maintained by the State University of New York College at Plattsburgh, New York, and shall apply to students, faculty, staff, and visitors and all other persons upon such premises. Faculty includes those persons listed or eligible for listing in the official faculty directory and visiting faculty as designated by the president of the college. Staff includes those persons listed or eligible for listing in the official staff directory. A visitor is other than faculty, staff or student.

565.2 General.

(a) The Vehicle and Traffic Law of the State of New York is applicable and enforceable on property maintained by the State University of New York, College at Plattsburgh. All drivers are expected to [know and observe] comply with all campus traffic and parking regulations and traffic ordinances of the City of Plattsburgh. [where they apply.]

(b) [A violation of any applicable 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.

(c) Such laws adopted above shall be enforced in any court having jurisdiction.

(d)] A complaint regarding any violation of the Vehicle and Traffic Law, or [any traffic ordinance applicable on such premises] the campus traffic and parking regulations, shall be processed in accordance with the requirements of the applicable law.

[(e) 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.

(f) No person shall park a vehicle on the premises of the University in such manner as to interfere with the use of a fire hydrant, fire lane or other emergency zone, create any other hazard or unreasonably interfere with the free and proper use of a roadway or pedestrian way.

(g) Parking fees as approved by the chancellor, or designee, shall be charged for motor vehicles parked within designated lots, consistent with applicable collective bargaining agreements and in accordance with guidelines established by the chancellor, or designee. Such guidelines shall provide that the determination of the amount of the fee be substantially based on an analysis of the costs attributable to the operation and maintenance of the parking facilities owned and operated by the University.]

(c[h]) All regulations pertaining to motor vehicle registration and operation are enforceable 24 hours a day throughout the entire year, except as otherwise prescribed by the University Police [Department].

[(i) Until rescinded, any individual who is a member of the faculty, staff or student body is required to register motorized vehicles (motor vehicles, motorcycles and motor scooters) for use on campus.]

(d[j]) Parking is prohibited in those areas designated by posted signs.

[(k) The driving of a motor vehicle is permitted only on established campus roadways. Campus service vehicles are exempt from this regulation.]

Section 565.3 of Title 8 NYCRR is repealed and a new section 565.3 is added to read as follows:

(1) Any campus member who is a veteran with an honorable discharge from active military service, parking a registered vehicle on campus, shall present a DD-214 to University Police for waiver of the parking fees.

(2) Reserved Parking Registration. Any campus member authorized to park a registered vehicle in a reserved parking space on campus is required to pre-register the vehicle with the University Police Parking Manager through their applicable supervisor or director. These reserved parking areas include, but are not limited to, “Service Vehicles Only” and “Reserved for Resident Director.”

(3) Any non-campus employee working on campus in either a temporary or permanent capacity is required to pre-register any vehicle parked on campus with the University Police Parking Manager, through their designated supervisor, within 48 hours of starting employment.

(4) Parking for Disabled Individuals. Any disabled individual possessing a valid parking permit is required to register the vehicle with the University Police for parking in any “Handicapped” parking area, or in the event no handicapped parking is available, in any regular parking space that is a legal parking space.

(5) Any volunteer authorized to park a vehicle in designated parking areas on campus while in a volunteer capacity is required to pre-register the vehicle with the University Police Parking Manager, through the designated supervisor, within 48 hours of starting volunteer work. This includes any docent, authorized to park a vehicle in a “Reserved for Docent” parking space.

(6) Any visitor parking a vehicle on campus while visiting a campus member is required to register the vehicle with the University Police, or designee, and obtain an applicable pass or permit.

(7) Any Emeritus or Alumnus utilizing one or more campus facilities on a routine basis shall register a vehicle for parking on campus at a fee approved by the chancellor or designee.

(8) Any vendor who is parking a vehicle on campus while conducting business on campus is required to register the vehicle with the University Police.

(9) Parking Registration for Construction Contractors or Subcontractors.

i. Any construction contractor or subcontractor is required to register vehicles for parking on campus through Facilities, and abide by all campus parking regulations for designated parking as stated in the terms and conditions of the contract agreement.

ii. Any other contractor or subcontractor who is working on campus for any department other than Facilities shall register their vehicle with the University Police Parking Manager.

(10) Parking Registration for Events.

i. Visitor parking for invited guests to campus events, between Monday-Friday, 8a-5p, requires event registration by the department chair, a minimum of 30 days prior to the event, whenever possible.

ii. Visitor parking for large public campus events requires the coordination of event planning through the Chief of University Police, or designee.

(1) Issuance of Parking Permits. Official campus parking permits for faculty, staff, and students, will be issued through the University Police for the current academic year or summer session. Official campus parking decals will be issued through the University Police for all motorcycles and motor scooters parked on campus.

(2) Distribution of parking permits to campus registrants will be in accordance with the instructions set forth by the University Police Parking Office.

i. Students, including full-time and part-time students, shall pick up pre-registered parking permits from the University Police within 48 hours from the start of classes.

ii. Parking permits for all faculty and staff members who have pre-registered for parking will be interoffice mailed to their official campus address before October1st. New hires shall pick up parking permits from the University Police after completing the vehicle registration requirements.

iii. Parking permits for non-campus employees will be interoffice mailed to the designated supervisor for disbursement to within 48 hours from registration date.

(3) Display of Permits. Permits must be prominently displayed by all registrants within the applicable campus guidelines.

(4) Lost or stolen Permits. A replacement permit will only be issued whereupon the original permit is reported as lost or stolen to the University Police, and proof of the replacement fee has been paid to Student Accounts, Kehoe 101.

(5) Any change of vehicle license or registration shall be reported to the University Police, within 48 hours of the change. This includes the cancellation of a parking permit within the academic year as a result of termination of employment or student withdrawal from school.

(6) No parking permit – permanent or temporary – is transferrable. All permits are the responsibility of the registrant for the term of the permit, unless returned to University Police.

Section 565.4 of Title 8 NYCRR is repealed and a new section 565.4 is added to read as follows:

(1) All parking lots are restricted to authorized permit holders as designated on the lot entrance sign, or unless otherwise authorized by the Chief of University Police. Emergencies, such as snow conditions, may result in the closing of any lot at any time.

(2) Any lot designated as “No Overnight Parking” must be vacated by 12 midnight.

(3) All vehicles must be parked between defined lines of valid parking spaces.

(4) Visitor Parking Areas. All visitors are restricted to parking in designated parking areas as outlined on the visitor pass. Visitors of faculty and staff will be authorized to park in lots designated for faculty/staff; visitors of students will be authorized to park in lots designated as student lots. Open parking lots at the Field House are accessible to visitors without a permit during restricted hours only.

(1) Handicapped Parking Areas. Only a disabled individual who possesses a permanent handicapped license plate; a valid handicapped permit by municipalities in accordance with the Vehicle and Traffic law; or temporary handicapped permit issued by the University Police Parking Manager, may park in spaces designated “Reserved for Handicapped.” A temporary handicapped permit may only be issued upon receipt of a written physician’s statement within the term of the disability specified.

(2) Service Vehicle Parking Areas. Only a vehicle displaying a valid service vehicle permit shall park in spaces designated for service vehicles.

(3) Other Reserved Parking Areas. Only vehicles authorized to park in designated “reserved” parking spaces are allowed to park in said reserved spaces, including, but not limited to, docent, police, physician, clinic, patient, etc.

§ 565.5 Accidents. All motor vehicle accidents on campus which cause personal and/or property damage, [(]regardless of how slight[)], must be reported to the University Police [Department] for necessary action.

Section 565.6 of Title 8 NYCRR is repealed and a new section 565.6 is added to read as follows:

Section 565.7 of Title 8 NYCRR is repealed and a new section 565.7 is added to read as follows:

EXPIRED PERMIT: Registrant has failed to renew parking permit before the current permit term has ended -- $25 per violation.

1) Fines are payable as per the instructions on the ticket.

2) The prosecution and collection of fines shall be in accordance with applicable law.

i. The prosecution and collection of fines for visitors shall be voided, until such time as five or more violations are accrued in one academic year. After such time the University reserves the right to tow, without warning, any visitor vehicle which is in violation of any campus traffic and parking regulations.

ii. Fines may be deducted from the salary or wages of an offending officer or employee of the university.

iii. Student grades and transcripts may be withheld until all fines are paid.

3) Unpaid fines shall restrict access to the vehicle registrant’s account until all fines are paid.

1) Appeals Board. The President of the State University of New York College at Plattsburgh designates three persons and three alternates to serve on the Traffic and Parking Appeals Board. The board shall hear complaints for violations of the campus Traffic and Parking Regulations enforceable on campus. In no way is this to be construed to take precedence over Section 565.2 of this part. No board member will consider any appeal emanating from an immediate supervisor.

2) Appellant Rights.

i. The alleged violator has the right to appeal a parking violation in writing, or in person, provided the appeal is submitted in accordance with the campus traffic and parking regulations.

ii. The alleged violator has the right to re-appeal a parking violation, provided there is new evidence to support the original appeal.

3) Filing an Appeal.

i. A hearing may be requested by submitting an appeal to the University Police within five business days from receipt of a violation. Failure to submit an appeal within five business days mandates that the violation is valid.

ii. Any visitor who receives a “No Permit Visible” violation shall complete the reverse of the ticket, and return it within five business days to University Police, 101 Broad Street, Plattsburgh, NY 12901.

iii. Should an alleged violator fail to appear at the time fixed for the hearing, or should no hearing be requested within the five business days of receipt of the violation, the complaint is proved and shall warrant the violation as valid.

4). Appeal Results.

i. At the conclusion of the hearing, or not later than five business days thereafter, the Appeals Board shall file a report, which will be communicated promptly to the appellant.

ii. Appeal result codes:

1. Statutory authority: Education Law § 360(1) authorizes the State University Trustees to make rules and regulations relating to parking, vehicular and pedestrian traffic and safety on the State-operated campuses of the State University of New York.

2. Legislative objectives: The present measure makes technical amendments to the parking and traffic regulations applicable to the State University College at Plattsburgh.

3. Needs and benefits: The amendments are necessary to update existing regulations as a result of changes.

4. Costs: None.

5. Local government mandates: None.

6. Paperwork: None.

7. Duplication: None.

8. Alternatives: There are no viable alternatives.

9. Federal standards: There are no related Federal standards.

10. Compliance schedule: The College at Plattsburgh will notify those affected as soon as the rule is effective. Compliance should be immediate.

No regulatory flexibility analysis is submitted with this notice because this proposal does not impose any requirements on small businesses and local governments. This proposed rule making will not impose any adverse economic impact on small businesses and local governments or impose any reporting, recordkeeping or other compliance requirements on small businesses and local governments. The proposal addresses internal parking and traffic regulations on the campus of the State University College at Plattsburgh.

No rural area flexibility analysis is submitted with this notice because this proposal will not impose any adverse economic impact on rural areas or impose any reporting, record keeping or other compliance requirements on public or private entities in rural areas. The proposal addresses internal parking and traffic regulations on the campus of the State University College at Plattsburgh.

No job impact statement is submitted with this notice because this proposal does not impose any adverse economic impact on existing jobs or employment opportunities. The proposal addresses internal parking and traffic regulations on the campus of the State University College at Plattsburgh.