STATE UNIVERSITY OF NEW YORK AT ALBANY
§ 561.1 Purpose, scope, and authority.
(a) These regulations have been established in order to control motor vehicle traffic and parking on the State University of New York at Albany campus. The act of parking or driving a motor vehicle on campus is a privilege and constitutes acceptance by the owner and/or operator of the responsibility to see that his/her vehicle is neither parked nor operated in violation of these regulations or any regulations of the New York State Vehicle and Traffic Law.
(b) These regulations apply to the use and operation of all motor vehicles, as described by the New York State Vehicle and Traffic Law, upon all properties owned or leased by the State University of New York at Albany. The regulations apply to all operators of motor vehicles on university property, including faculty, staff, students and visitors.
(c) Section 362 of the Education Law authorizes the State University to develop its own rules regarding traffic and parking, not inconsistent with the New York State Vehicle and Traffic Law. This section provides that punishments for violations of any such campus-created rule be administered by the institution. Violations of provisions of the New York State Vehicle and Traffic Law, made applicable to the campus, shall be adjudicated by the magistrate's court having territorial jurisdiction on campus (Albany Traffic Court or Guilderland Justice of the Peace Court [sic] as the case may be). Under companion legislation (L. 1972, ch. 383), peace officers appointed by State University, shall enforce both the campus parking regulations and applicable State vehicle and traffic statutes.
(d) Section 362 of the Education Law, authorizes the Board of Trustees of the State University of New York to provide for the regulation of vehicular traffic and parking upon property under the supervision and control of the State University. The purpose of this section is to provide for the safety and convenience of students, faculty, employees and visitors upon the grounds of the State University.
(1) 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.
(2) 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.
§ 561.2 Traffic control.
(a) Pursuant to authority conferred by the New York State Education Law, the following traffic regulations are established on the grounds of the State University of New York at Albany, in the City of Albany and in the Town of Guilderland, Albany County.
(c) Campus Perimeter Road shall not be used as a thruway thoroughfare for motor vehicles traveling between Washington Avenue, Fuller Road or Western Avenue unless the driver or occupants of the vehicle have campus-related business. STOP signs are erected on all entrances thereto except those listed below on which YIELD signs are erected:
(7) The main roadway of the traffic circle from its intersection with the Perimeter Road on the west to its intersection with the Perimeter Road on the east for traffic proceeding in a counter-clockwise direction.
§ 561.3 Parking regulations.
(a) No student, member of the faculty, or staff shall operate or park a motor vehicle of any kind or description on premises or property under the control of the university unless such motor vehicle is properly registered during each university registration period or within the first academic business week following acquisition of the vehicle, whichever is earlier.
(b) Such registration shall be valid for the academic year and shall be conditioned upon the registrant's payment of a motor vehicle registration fee of an amount approved by the chancellor or his designee.
(c) Upon payment of a registration fee, registration decals shall be issued which must be affixed to the vehicle according to instructions printed thereon. No motor vehicle registration fee shall be imposed upon a visitor except that a parking permit may be issued.
(d) Where such registered vehicle is sold or transferred or where the owner or operator is no longer enrolled or employed at the institution, or in the event of the revocation of a registration, such decals must be removed and destroyed.
(g) No motor vehicle shall be parked in a designated parking area other than the parking area(s) to which such registrant or visitor has been assigned. The map indicates campus parking areas for faculty, staff, students and visitors. Parking vehicles in any area not shown or designated as such (including walkways and roadways) is prohibited. In extraordinary circumstances (medical, extreme inconvenience, etc.), a special parking permit may be issued by the public safety office.
(h) No person shall park a motor vehicle within his/her designated parking area other than within the space for the parking or standing of a motor vehicle as indicated by posted signs, pavement markings or painted lines restricting or limiting such parking.
(3) if left parked on property owned, leased or operated by the university for more than six hours on any highway or other public place with no license plates affixed thereto as required by the Department of Motor Vehicles of New York State.
§ 561.4 Towing.
(c) Vehicles towed pursuant to this Part will be charged a tow fee approved by the chancellor or his designee if towed by the university tow truck, or the fee charged by a private tow service if such outside tow service is used.
(1) The chief administrative officer of the university center is authorized to declare a snow emergency if snow accumulation impedes access by emergency vehicles, access by persons who need to park in authorized areas or when snow removal operations must proceed for the general health, welfare and safety of the university.
§ 561.5 Violations, sanctions.
(c) Such fines, in the case of an officer or employee of State University, may be deducted from the salary or wages of such officer or employee found in violation of such regulations; or in the case of a student of State University found in violation of such regulations, the university may withhold his/her grades and transcripts until such time as such fine is paid.
§ 561.6 Notice, hearing and disposition.
(a) A complaint (traffic ticket) regarding any violation of the New York State Vehicle and Traffic Law or any traffic ordinance which a locality is permitted to adopt shall be processed in accordance with the requirements of applicable laws.
(b) A complaint (traffic ticket) regarding any violation of a campus rule approved by the Board of Trustees shall recite the time and place of the violation and the title number or substance of the applicable rule.
(2) The complaint (traffic ticket) shall also indicate the fine schedule for the violation and advise that if the person charged does not dispute the violation such fine must be paid at the office of parking management within five calendar days of the date of issuance.
(3) The notice shall recite that a hearing to appeal the alleged violation may be requested in writing within 72 hours after being served with the ticket by appearing in person at the office of parking management.
(4) Should the alleged violator fail to appear at the time fixed for the hearing or should no hearing be requested within the prescribed time, the complaint is proved (automatic guilty plea) and shall warrant such action as provided in section 561.5(c) of this Part.
(5) 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 chancellor, or his designee, to meet the administrative costs of such referral.
(c) A hearing officer and/or board is designated by the chief administrative officer of the university to hear appeals for alleged violations of campus traffic and parking regulations. Such hearing officer and/or board shall not be bound by the technical rules of evidence but may hear or receive any testimony or evidence directly relevant and material to the issues presented.
(d) At the conclusion of the hearing, or not later than five days thereafter, such hearing officer or board shall file a decision and report. A notice of the decision shall be promptly transmitted to the violator. The report shall include:
§ 561.7 Amendments and revisions.
This Part shall be subject to amendment or revision. Any amendments or revisions thereof shall be filed as required within 30 days after adoption by the Board of Trustees of the State University of New York.