ADMINISTRATIVE OPERATIONS MANUAL

Transcription

1 JOHNSTON COMMUNITY COLLEGE Title: Parking and Traffic Regulations Approved: 11/15/2001 Type: Administrative Policy/Procedures Revised: 09/07/2017 Number: AOM 2.19 Page 1 of 7 Purpose Sets forth Administrative Policy/Procedures regarding pedestrian use, vehicle traffic and parking on College premises and for registration of motor vehicles. General Policy Pursuant to Chapter 115D-21 of the General Statutes of North Carolina, the Johnston Community College Board of Trustees adopts the following rules governing parking, traffic, and the registration of motor vehicles on Johnston Community College campuses. These regulations are intended only to supplement the Motor Vehicle Laws of North Carolina, all provisions of which apply to the streets, roads, alleys, sidewalks, walkways, parking spaces, parking areas, and parking lots on all Johnston Community College campuses. Funds which accrue from violation fines shall be directed to the actual costs of collection, not to exceed twenty percent (20%) of the amount collected. The clear proceeds of all civil penalties collected pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C The Vice President of Administrative, Financial, & Information Technology Services and/or his/her agent(s) designated by the President shall be responsible for the administration, implementation and enforcement of this policy. Johnston Community College assumes no liability or responsibility for damage to or theft of personal property from any vehicle parked or in operation on properties leased or under the control of the Board of Trustees of the College. Policy Provisions Definitions Abandoned Vehicle. A motor vehicle that has remained parked for a period of more than ten (10) days without authorization or which is determined to be derelict under North Carolina General Statute Academic Year. From the beginning of the Fall semester of one calendar year until the beginning of the Fall semester of the next calendar year. Campus. All property under control of the Board of Trustees including the main campus and Off-Campus Centers. Disciplinary Sanction. Administrative action invoked against any employee or student for repeated violation of vehicle regulations. Employee. College Faculty, Staff, contracted personnel (e.g., Barnes & Noble, Jaguar Grill, etc.), and all other non-student personnel employed by the college. Fine. A monetary penalty assessed to the permit holder or vehicle operator for a cited violation. No Parking Area. Any area not specifically marked, striped, or designated for parking of vehicles. Park. A standing vehicle, whether occupied or not, other than temporarily for the purpose of loading and unloading. Parking Area. Any place or area specifically set aside, marked, or assigned by Administrative Services for the parking of vehicles, either permanently or temporarily. Repeat Offender. Any person committing three (3) or more traffic and/or parking violations within an academic year. Sidewalk. Areas of property intended for pedestrian use. Student. A person registered in full- or part-time academic study and who is not an employee of the College. Visitor. Any individual not identified by this section as an employee or student.

2 Number: AOM 2.19 Page 2 of 7 Authority Pursuant to North Carolina General Statutes, Chapter 115D-21, the Board of Trustees of Johnston Community College through their designee, the Vice President of Administrative, Financial, & Information Technology Services, shall be responsible for the registration, flow, and parking of vehicles on property owned or leased in whole or in part by the State of North Carolina or Johnston County and under control of the Johnston Community College Board of Trustees. The provisions of the regulations apply to the operators of all vehicles operated on any Johnston Community College campus and shall be in effect 24 hours a day, except as herein provided. Vehicle Registration and Permits Parking warnings and citations may be written for failure to register a vehicle. Student parking permits shall be valid only in lined spaces not otherwise designated for visitors, handicapped persons, faculty and staff members, etc. Employee/Staff parking permits shall be valid in designated staff parking areas as well as student parking areas. Work-study students, seasonal / temporary employees, and part-time contracted employees are not eligible for employee parking permits. However, they may be eligible for student parking. Contracted employees in full-time positions may be eligible for employee parking. A student or employee may register up to two (2) vehicles. For those in need of additional permits, a temporary permit may be issued, as needed. All motorized vehicles, including automobiles, motorcycles, motor scooters and motorbikes shall be properly registered at the Campus Police & Security Office. A parking permit will be issued with the submission of a properly completed registration form. Parking permit decals shall be clearly visible and legible when affixed to the vehicle for which they are issued. The decal shall be placed on the bottom left corner of the rear window or bumper of a four-wheel vehicle and clearly visible on the rear of a two-wheel vehicle. The person to whom a motor vehicle parking permit is issued shall be responsible for all parking violations issued to that vehicle. Replacement decals may be obtained at the Campus Police & Security Office at no cost providing the remains of the old decal or evidence of prior decal is submitted. Parking decals become invalid under the following conditions: Ownership of the vehicle is transferred to another person or entity. The permittee s association with the College terminates. The time period for which the permit is issued expires. The permittee is issued another permit relating to the same vehicle. The permittee s privilege to park and operate a vehicle is forfeited as a result of the imposition of disciplinary sanctions. The permittee has become a repeat offender by establishing a pattern of abuse of parking privileges by committing three (3) or more traffic or parking violations in an academic year. Temporary / Visitor Permits Temporary permits may be issued for up to seven (7) calendar days and may be renewable with legitimate cause. A temporary permit may be secured from the Campus Police & Security Office and will be valid for the period indicated. Temporary permits shall be clearly visible and placed on the left side of the dashboard of the vehicle for which they are issued. Visitors should park in designated visitor parking spaces.

3 Number: AOM 2.19 Page 3 of 7 Handicapped Parking Permits A State-issued handicap parking permit is required in order to park in a designated handicap parking space, pursuant to North Carolina General Statute The College is not authorized to allow vehicles to park in handicap parking spaces without a State-issued permit. Temporary Suspension of Parking Regulations The College shall take the necessary action to provide parking for the general public to attend events on campuses to which the general public is invited. Such action may involve the temporary suspension of provisions of these regulations regarding parking permits and the area for which such permits are valid. Rules and Regulations General Provisions All faculty, staff, and students in good standing with the college are eligible for and may obtain a parking permit. Motor vehicles parked on campus by students, faculty, or staff must be registered with the college and must display a valid, official Johnston Community College vehicle parking permit decal. Faculty, staff, and students are subject to discipline in accordance with the provisions of this Ordinance and Johnston Community College policy and procedure. Parking spaces designated for employees and institutional vehicles shall be clearly marked. The responsibility for finding a legal parking space shall rest with the motor vehicle operator. It shall be unlawful for any vehicle operator to violate any of the provisions of these regulations: 1. No vehicle shall be driven in a careless or reckless manner or in a direction opposite to that indicated by appropriate signs or markings on roadways that are designated as one-way streets. 2. Johnston Community College has a campus-wide speed limit of 20 miles per hour, unless otherwise posted. 3. No vehicle shall be driven in a manner that fails to obey a traffic control device (stop signs, yield signs, one-way signs, etc.) 4. No vehicle may be parked in such a manner as to occupy more than one space. 5. Vehicles parking in a designated handicapped parking space shall display a valid handicapped placard or distinguishable license plate issued to the operator or passenger (pursuant to North Carolina General Statute ). Any person parking in a designated handicapped parking space shall comply with the requirements of North Carolina General Statue , "Parking privileges for handicapped drivers and passengers." 6. Parking is prohibited as follows: on a sidewalk or walkway; along any driveway entering the college; in the driving lanes of parking areas; in loading or unloading areas; in fire lanes; on grass or landscaped areas; in approaches or other portions of parking areas that are not clearly marked for parking. 7. No faculty, staff, or student vehicle may be parked in spaces specifically reserved for certain persons or functions. 8. No person shall stop, stand, or park any vehicle upon a roadway in a manner that blocks the movement of vehicular traffic. 9. No person shall without lawful authority attempt to, or in fact, alter, deface, injure, knock down, or remove any traffic control device (e.g., sign, barricade, gate, caution tape, construction netting, etc.) erected in connection with the use of the streets, roadways, parking areas, and other provisions of this policy.

4 Number: AOM 2.19 Page 4 of 7 The college reserves the right to revoke any parking privileges and to remove a repeat offender's valid parking permit for violations of JCC s Parking and Traffic Regulations. Upon receipt of a third violation, a student will be referred, via a code of conduct charge form, to the Vice President of Student Services and his/her parking privilege will be suspended for thirty (30) days, pending appeal. Upon receipt of a third violation, an employee will be referred, via written notice to the Vice President of Administrative, Financial, & Information Technology Services, as well as the Director of Human Resources, for disciplinary procedures. Failure to pay fines may also result in the revocation of parking privileges. Violation of Ordinance In addition to any criminal penalties set out by the North Carolina General Statutes, any person violating this or any regulation issued hereunder is subject to a civil penalty as set forth in this Ordinance. Rules of Evidence When a vehicle is found to be in violation of this Ordinance, it shall be considered prima facie evidence that the vehicle was parked by: 1. The person holding the college parking permit for that vehicle, or 2. The person on file as owner of said vehicle with the North Carolina Division of Motor Vehicles or corresponding agency of another state. Fines for Violations Violators not complying with the following traffic, parking, and other regulations shall be subject to a $25.00 fine per violation, with the fine(s) payable in person at the Cashier s Office during normal business hours or by mail: Failure to Register Vehicle Failure to Display / Improper Display of Parking Decal Parking in Handicap Parking Space without displaying a valid State-issued placard or license plate Parking in Fire Lane Parking in Loading Zone Parking in Manner Obstructing the Flow of Traffic Parking in More than One Parking Space Parking in Unauthorized / No-Parking Area Failure to Obey Traffic Control Device Driving Wrong Way in Drive Lanes Exceeding Speed Limits Littering Violators not complying with the following regulations shall be subject to a $5.00 fine per violation, with the fine(s) payable in person at the Cashier s Office during normal business hours or by mail. Smoking in Unauthorized Area (Per AOM 2.11) Failure to Settle Charges and Fines Failure to settle outstanding traffic charges and/or parking fines within fourteen (14) days after issuance of a citation may result in the following manner: 1. Students with unpaid fines shall not be allowed to receive grades or transcripts or to re-register until all fines have been properly paid.

5 Number: AOM 2.19 Page 5 of 7 Fines owed by students will be forwarded to the Registrar, and a hold will be placed on the student's records until the penalties are paid. 2. Employees with unpaid fines may have their parking privileges revoked upon recommendation of the Vice President of Administrative, Financial, & IT Services and approval of the President. Such revocation shall remain in force until all unpaid fines are paid. Fines owed by faculty members and other employees of the college may be deducted from payroll checks. Prohibitions of Use of Streets and Parking Areas No person, firm, or corporation shall use College properties for the purpose of advertising any article, commodity, or service by sign, poster, drawing, photography, loudspeaker, musical instrument, or noisemaking device without authorization to do so. See AOM-2.20 Solicitation for specific details and exceptions regarding solicitation on campus. The Vice President of Administrative, Financial, & Information Technology Services or his/her designee shall have the authority to cause the closing of any roadway, alley, driveway, parking lot, parking area or any portion of the campus when proper signs, barriers, or obstructions have been erected to give notice thereof. No person shall drive into or upon properly closed areas. No person, firm, or corporation shall throw, dump, or place in any manner any litter or any other articles or substances on any part of College properties or on any place where such matter may be blown, washed, or fall upon the premises. This section shall not be deemed to prohibit any construction or maintenance work. Towing of Vehicles The Vice President of Administrative, Financial & Information Technology Services or his/her designee is hereby authorized to have towed (or use other lawful means of enforcement), from the campuses of the College to a designated place of storage, any vehicle in violation of the following and under the following circumstances: Abandoned vehicles Parking in an area not designated for parking Parking in any manner as to block a service entrance Parking in any manner as to block driveways Parking in any manner as to block travel lanes Parking in any manner creating a hazard to public safety Parking in any manner impeding construction and/or maintenance requirements Repeated offenders of parking rules Unauthorized parking in a fire lane Unauthorized parking in a handicap space Unauthorized parking in a reserved space In addition to any fine assessed for a violation of this Ordinance, the owner of a vehicle that is towed from the College is responsible for payment of any towing and/or storage fee charged by the towing company. Notice of North Carolina State Law Concerning Towed Vehicles Johnston Community College provides a petition/appeal procedure for the resolution of both towing and parking violations. Additionally, North Carolina General Statute provides the following remedy: 1. Whenever a vehicle with a valid registration plate or registration is towed as provided in G.S , the authorizing person shall immediately notify the last known registered owner of the vehicle of the following: A description of the vehicle; The place where the vehicle is stored; The violation with which the owner is charged, if any; The procedure the owner must follow to have the vehicle returned to him; and The procedure the owner must follow to request a probable cause hearing on the towing.

6 Number: AOM 2.19 Page 6 of 7 2. The owner or any other person entitled to claim possession of the vehicle may request in writing a hearing to determine if probable cause existed for the towing. The request shall be filed with the magistrate in the county where the vehicle was towed. The magistrate shall set the hearing within seventy two (72) hours of his receiving the request. 3. The only issue at this hearing is whether or not probable cause existed for the towing. If the magistrate finds that probable cause did exist, the tower s lien continues. If the magistrate finds that probable cause did not exist, the tower s lien is extinguished. 4. Any aggrieved party may appeal the magistrate s decision to district court. For a complete explanation of the above procedure, refer to North Carolina General Statute, Petition / Appeal Procedure Individuals issued a parking and/or traffic citation may appeal the violation within five (5) business days of the date of the violation notice (which would exclude weekends or holidays) by completing and returning a Traffic Violation Appeal form to the Traffic Appeals Review Board. Traffic Violation Appeal forms are available at the Information desk, located in the Wilson Building on the main campus. Completed forms shall be turned in at the same location. Unless other procedures are specified in this section, the appeal and all arguments in support of the appeal will be submitted to the Traffic Appeals Review Board in writing. Traffic Appeals Review Board: The purpose of the Traffic Appeals Review Board is to review and make decisions on parking and traffic citations that have been appealed. The Board also hears appeals from individuals whose parking privileges have been suspended, or whose vehicle has been towed. Board membership consists of one (1) faculty member appointed by the President of the Faculty Association, one (1) staff member appointed by the President of the Staff Association, and one (1) student appointed by the President of the Student Government Association. The Vice President of Administrative, Financial & Information Technology Services or his/her designee shall serve as the Chair. The Chair is a non-voting member of the Board, except when it is necessary to break a tie vote. A minimum of three (3) members, including the Chair, must be present in order to form a quorum. The term of office will be for a one-year period, beginning in January and ending in December; there is no limit on the number of terms that may be served. Members will serve until successors are appointed. The Traffic Appeals Review Board Chair shall review the appeal and respond by mail to the address provided on the appeal form. Only official appeals received within five (5) business days of the violation notice will be accepted for review. The right to appeal a violation notice is considered waived upon expiration of the five (5) day appeal limitation period. No untimely appeals will be accepted for review. Decisions reached by the Traffic Appeals Review Board are final. Appeal Hearings 1. Individuals whose (1) parking privileges are suspended and/or (2) whose vehicle is towed may request a hearing to appeal the matter by submitting a written request to the Security & Emergency Preparedness Coordinator. The written request for an Appeals Hearing must be received within ten (10) business days of the date of the decision giving rise to the appeal. The individual will be notified in writing of the hearing date, time, and location. 2. The Security & Emergency Preparedness Coordinator or his/her designee may attend each hearing to clarify any operational questions that may arise. 3. The Traffic Appeals Review Board Chair or a designee will chair the hearing. The Chair will bring the hearing to order and introduce the appellant, provide written or oral summation of the ruling, disperse completed appeal forms to each member of the Board, maintain time restrictions with regard to testimony, dismiss the appellant, and call for a vote from each member of the Traffic Appeals Review Board. The Chair will make note of the decision regarding the appeal. The Chair is a non-voting

7 Number: AOM 2.19 Page 7 of 7 member of the Board, except when it is necessary to break a tie vote. A minimum of three (3) members, including the Chair, must be present in order to form a quorum. 4. The Traffic Appeals Review Board will meet when necessary. The Chair or designee is responsible for notifying the appellant and Board members of the date, time, and location of the hearing. In emergency situations (such as a student not being allowed to register for classes or an employee not receiving an employment contract due to pending traffic appeals), the Chair may issue a stay on such actions until the Board can hear the appeal. 5. The decision reached by the Traffic Appeals Review Board is final, except as otherwise provided by College policy and procedure. If the appeal is denied, payment of the fine is due immediately. Judgment Factors 1. All facts as stated on the appeal form 2. Information provided by the Security & Emergency Preparedness Coordinator or his/her designee, to include previous violations 3. Information noted on the parking violation notice 4. The rules and regulations of this Policy Applicable Forms Notice of Towing: AOM A Traffic Violation Appeal Form: AOM B