SUN-31-11-00004-P Proposed Amendments to the Traffic and Parking Regulations at the State University of New York College at Purchase

8/3/11 N.Y. St. Reg. SUN-31-11-00004-P

NEW YORK STATE REGISTER

VOLUME XXXIII, ISSUE 31

August 03, 2011

RULE MAKING ACTIVITIES

STATE UNIVERSITY OF NEW YORK

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. SUN-31-11-00004-P

Proposed Amendments to the Traffic and Parking Regulations at the State University of New York College at Purchase

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of sections 568.4-568.7 of Title 8 NYCRR.

Statutory authority:

Education Law, section 360(1)

Subject:

Proposed amendments to the traffic and parking regulations at the State University of New York College at Purchase.

Purpose:

Amend existing regulations to change the name of certain buildings and roads, and update the method and place of payment of fines.

Text of proposed rule:

Sections 568.4-568.7 are amended to read as follows:

§ 568.4 Traffic regulations

(a) Traffic control devices.

(1) No person shall fail, neglect or refuse to comply with any instruction, direction or regulation displayed on any post, standard sign or marking on any roadway or parking area or other device installed or placed for the regulation of traffic on SUNY-owned property.

(2) No person shall deface, damage or remove any traffic control device without authorization. Such interference with a traffic control device shall be unlawful.

(b) Speed limits.

(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 or the Department of Transportation.

(2) Maximum speed in any of the campus parking lots is 15 miles per hour.

(3) Fifteen miles per hour is the maximum speed through the tunnel on Lincoln Avenue and for a distance of 500 feet south of the tunnel and 500 feet north of the tunnel on Lincoln Avenue. Speed in excess of 15 miles per hour shall be unlawful.

(4) Fifteen miles per hour is the maximum speed through the service area from Lincoln Avenue to Brigid Flanigan Drive. Speed in excess of 15 miles per hour shall be unlawful.

(5) Maximum speed in the PAC drive and underpass, service roadways, roadways around the original campus buildings and on Cottage Avenue between Brigid Flanigan Drive and Lincoln Avenue is 15 miles per hour. Speed in excess of 15 miles per hour shall be unlawful.

(6) No person shall operate a bicycle or other human powered vehicle anywhere on university property at a speed in excess of 15 miles per hour.

(c) One-way traffic. Upon a roadway restricted to one-way traffic, no vehicle shall proceed in the opposite direction. The following roadways are one-way traffic flows:

(1) [Traffic off Lincoln Avenue into the area of the original campus buildings is one-way in a westerly direction.

(2) ]Traffic through parking lots when applicable will be one-way as indicated by signage.

[(3) Traffic on Service Road (group area) is one-way westerly from Lincoln Avenue in the Town of Rye to Lincoln Avenue in the Town of Harrison.

(4)](2) Streets D and E around the cemetery are one-way in a counterclockwise direction.

([5]3) Cottage Avenue between Brigid Flanigan Drive and Lincoln Avenue is one-way in an easterly direction.

([6]4) Circumference Road of the [Phase II]W3 apartments is one way in a counter clockwise direction.

(d) Driving off pavement. No vehicle shall enter upon any unimproved area or drive off of the improved or paved roadway of any SUNY-owned property except when directed to do so by those persons with authority to regulate traffic. The provisions in this subdivision shall not apply to university and local police, maintenance or emergency vehicles.

(e) Parking.

(1) All vehicles must be parked in assigned areas.

(2) No parking is permitted on the following streets:

(i) Lincoln Avenue;

(ii) Brigid Flanigan Drive;

(iii) service roads;

(iv) East West Road;

(v) any of the service and pedestrian roadways between and around buildings, namely Streets A, B, C, D, E and F; and

(vi) any of the roadways around the original campus buildings, [Phase II]W3 apartments and access roadways to the Performing Arts Center.

(3) Vehicles may not be parked off the paved areas.

(4) No vehicle may be operated on other than the designated streets, roadways or parking lots on the campus.

(5) Vehicles, when parked in parking lots, must be parked between the pavement stripings.

(6) No person shall park a vehicle on the premises of the college in such a 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 right- of-way.

(7) No vehicle may park in or upon any pedestrian right-of-way nor shall any vehicle be driven upon any pedestrian right-of-way.

(8) Vehicles parked in violation of the official campus traffic regulations may be towed away by an independent vendor operating under contract who must be paid for his services by the vehicle owner.

(9) Vehicles parked in violation of the official campus traffic regulations may be restrained in place by means of a vehicle restraining device locked to a wheel of the offending vehicle. A charge for the installation and removal of such device may be imposed by the university police department in addition to any fines incurred for the parking violation. Any damage incurred by attempts of the driver or owner of the vehicle to move said vehicle shall be the liability and responsibility of the person causing the damage.

(f) Disabled vehicles. Disabled vehicles shall be driven or moved off the paved portion of the roadway so as to prevent obstruction of traffic, but a disabled vehicle shall be permitted to remain on such unpaved portion only until temporary repairs are made or until power can be obtained to remove it, but any such disabled vehicle must be removed within at least 24 hours.

(g) Repairing vehicles. A vehicle shall not be parked or stopped on any roadway, parking area or any other place for the purpose of being serviced or repaired, including body work, except with the permission of the university police department.

(h) Abandoned vehicles. No person shall abandon or shall cause to be abandoned (as defined in the Vehicle and Traffic Law of the State of New York) a motor vehicle anywhere on the college campus. Vehicles abandoned anywhere on property owned or controlled by the college may be towed away and disposed of at the expense of the last registered owner.

(i) Impounding vehicles. Vehicles illegally parked or abandoned or disabled in such a place as to constitute a safety hazard or to interfere with public convenience on SUNY-owned property, may be towed away and impounded.

(j) Roads closed. Entrance roads to the SUNY College at Purchase campus, at the discretion of the campus president, may be closed to traffic between 9:00 p.m. and 5:00 a.m. daily. All vehicles entering the campus between those hours would do so through the main entrance to the campus at Anderson Hill Road. Before entering, all vehicles would stop and the driver and occupants identify themselves in the manner set forth in the directives of the President of the State University of New York at Purchase. Persons not properly identifying themselves or giving proper reason for entry to the campus may be denied entrance and turned away.

(k) Unregistered or uninsured vehicles. No vehicle may be operated upon the campus of the State University College at Purchase unless that vehicle is registered and insured as required by the Vehicle and Traffic Law and the regulations of the Commissioner of Motor Vehicles. It shall be a violation to park an unregistered vehicle on the SUNY College at Purchase campus. Vehicles found to be operating without a valid motor vehicle registration or without insurance may be impounded and towed away at the expense of the owner.

(l) Trucks. Trucks over 10,000 pounds are not permitted on any campus roadway, except for local delivery and pickup or for construction or other work on the Purchase College campus.

§ 568.5 Signs.

(a) Speed limit signs:

(1) 30 MPH placed at intervals along the following roadways:

(i) East Brigid Flanigan Drive;

(ii) West Brigid Flanigan Drive;

(iii) Lincoln Avenue (except central campus); and

(iv) East-West Road.

(2) 15 MPH placed at intervals along the following roadways and lots:

(i) all service roadways;

(ii) Lincoln Avenue (central campus);

(iii) all parking lots;

(iv) [Phase II]W3 apartments roadway;

(v) Performing Arts Center roadway;

(vi) Cottage Avenue;

(vii) service group roadways; and

(viii) roadways to and around original campus buildings.

(b) Stop signs:

(1) Lincoln Avenue at Brigid Flanigan Drive (north and south);

(2) Lincoln Avenue at Brigid Flanigan Drive and [service group roadway]Salter Drive (four-way stop);

(3) Lincoln Avenue at mall underpass (north and south);

(4) Cottage Avenue at Lincoln Avenue and Brigid Flanigan Drive;

(5) East-West Road at Lincoln Avenue and Brigid Flanigan Drive;

(6) Street D at administration driveway;

(7) exit roadways of all parking lots;

(8) gym access roadway at Brigid Flanigan Drive and at service road to [upper gym]E8;

(9) Brigid Flanigan Drive at campus entrance (south);

(10) A-B-C Street service roadways at Lincoln Avenue and Cottage Avenue;

(11) [Phase II]W3 apartments driveway exits; and

(12) Brigid Flanigan Drive at campus entrance (south)[; and

(13) Entrance road at gate control booth].

(c) Yield signs:

(1) campus entrance (south) to Brigid Flanigan Drive;

(2) campus entrance (south) left turn from Brigid Flanigan Drive;

(3) W1 parking lot entrance (south) from Brigid Flanigan Drive; and

(4) W2 parking lot exit (north) to Brigid Flanigan Drive.

(d) Do not enter signs (may be placed in conjunction with one-way signs where appropriate):

(1) exit and enter [CCS]S2 parking lot (one-way control);

(2) exit [CCN]N1/N2 parking lot;

(3) at pedestrian rights-of-way where vehicle access is possible;

(4) [Phase II]W3 apartments driveway from Cottage Avenue;

(5) Cottage Avenue at Lincoln Avenue;

(6) Cottage Avenue at Brigid Flanigan Drive (east side of intersection);

(7) [service group driveway]Salter Drive at entrance to N3 parking lot;

(8) [service group driveway]Salter Drive at Lincoln Avenue (west intersection);

(9) [administration]A1 parking lot entrance roadway (north end of lot);

(10) [administration]A1 parking lot exit at East-West Road;

(11) pedestrian walkway at [gym]E6 parking lot (south);

(12) [Phase II]W3 circumference road as needed to assist in one-way traffic control;

(13) Street E intersection with Street D south of cemetery; and

(14) Administrative Drive at intersection with Street D.

(e) One-way signs:

(1) Cottage Avenue (west to east from Street C);

(2) original campus buildings driveway (entrance);

(3) [administration]A1 parking lot (exit and enter);

(4) [service group driveway]Salter Drive (east end in, west end out);

(5) [CCS]S1 parking lot (enter and exit);

(6) [Phase II]W3 circumference road at appropriate intervals;

(7) Streets D and E at appropriate intervals; and

(8) Administrative Drive at intersection with Street D.

(f) Road closed signs (11:00 p.m. to 5:00 a.m.):

(1) Lincoln Avenue at entrance to [service group]Salter Drive.

(2) Cottage Avenue at west campus border.

[(3) Lincoln Avenue at north campus border.]

(g) No trucks over 10,000 pounds on any road except local delivery:

(1) at each entrance to campus.

§ 568.6 Enforcement.

(a) University police officers are authorized to issue uniform traffic tickets and campus summonses to any vehicle found in violation of traffic and parking regulations. Other designated enforcement officers may issue campus summonses.

(b) Enforcement procedures for parking violations are as follows:

(1) A complaint regarding any violation of a campus rule pursuant to parking 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 subscribed by the officer witnessing the violation and attached to the vehicle involved.

(3) The complaint shall indicate the amount assessable for the violation and advise that if the person charged does not dispute the complaint, the fine may be paid at the university police administrative office within 14 days.

(4) The complaint shall state that a hearing may be requested within a period of 14 days after service of the charges by appearing in person at the office of the chief of police.

(5) The complaint 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 period of 14 days, the complaint is proved and shall warrant such action as may then be appropriate.

(c) The president of the college or his designee 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 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 report. A notice of the decision shall be promptly transmitted to the violator. The report shall include:

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

(2) the name, time and place when the complaint was issued;

(3) the campus rule violated;

(4) a concise statement of the facts established at the hearing;

(5) the time and place of the hearing;

(6) the names of all witnesses;

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

(8) the decision [(guilty or not guilty)]Valid, Reduced or Dismissed of the hearing board.

§ 568.7 Penalty.

(a) Each violation of the campus parking regulations will carry a fine as follows:

(1) Parking on grass: $50 for the first violation and $75 for the subsequent violations.

(2) Handicapped: $150.

(3) Fire lane: $150.

(4) No permit: $25.

(5) Parking in wrong lot with college permit: [$25] $35.

(6) [CCN] N1/N2 no permit/wrong permit: $35.

(7) [Olde/Alumni Village] E4/E5 no permit/wrong permit: $35.

(8) W1/W2 parking lot any violation: $25.

(b) Unpaid fines shall be deducted from the salary or wages of an offending officer or employee of the university. Before the end of each semester, all college employees having on their record unpaid traffic or parking fines accumulated during that semester or previous semesters will be notified by the business office of the total amount owed. They will be advised to pay the amount immediately or to appeal to the college traffic board if they feel the amount is unjustified. Within a two-week period after the traffic board has made its ruling (or within a four-week period after notification for those who do not appeal to the college traffic board), if the fine has not been paid the employee will be notified that the amount owed will be deducted from his or her salary. The business office will provide for the withholding of the amount owed from the employee's wage or salary.

(c) In the case of students, grade and transcripts shall be withheld until all fines are paid.

(d) All fines shall be paid by mail, online or in person at the Parking & Transportation office[of the chief of police].

(e) Motor vehicle registration and campus parking privileges may be revoked for the balance of the academic year upon the finding that 10 or more parking violations have been incurred during an academic year.

(f) Penalties for violations of the Vehicle and Traffic Law shall be set by the respective traffic court to which offenders shall be summoned (Town of Harrison or Town of Rye), according to the geographical location of the campus where the offense occurred.

Text of proposed rule and any required statements and analyses may be obtained from:

Lisa S. Campo, State University of New York, System Administration, State University Plaza, S325, Albany, NY 12246, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

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 of New York College at Purchase.

3. Needs and benefits: The amendments are necessary to update existing regulations as a result of the renaming of certain buildings and roadways, to increase one parking fine, and to update and modify the method of and place for paying fines.

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: SUNY Purchase will notify those affected as soon as the rule is effective. Compliance should be immediate.

Regulatory Flexibility Analysis

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 of New York College at Purchase.

Rural Area Flexibility Analysis

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 of New York College at Purchase.

Job Impact Statement

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 of New York College at Purchase.