1. INTRODUCTION 2. GENERAL INFORMATION 3. MOTOR VEHICLE

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1. INTRODUCTION 2. GENERAL INFORMATION 3. MOTOR VEHICLE Powered By Docstoc
					1. INTRODUCTION

2. GENERAL INFORMATION

3. MOTOR VEHICLE REGISTRATION

4. MOTOR VEHICLE PARKING REGULATIONS

5. MOTOR VEHICLE PARKING AND TRAFFIC VIOLATIONS

6. PARKING AND TRAFFIC VIOLATION APPEALS PROCESS



1. INTRODUCTION:

1.1 PURPOSE AND APPLICATION OF REGULATIONS:
1.1.1 The parking and traffic regulations are for the safety and convenience of, and apply to,
       University personnel, students, and visitors. A campus map with parking area
       designations is included.
1.1.2 These regulations supercede all previous regulations and are subject to change without
       notice. These regulations are available for review at the Department of Public Safety
       Office in the Davidson Building.
1.2 PROGRAM: Use of a vehicle on the campus is a privilege, not a right. Violation of this
       privilege is prejudicial to the common interest of all members of the University
       Community.
1.3 DEFINITIONS:
1.3.1 GROUNDS OF THE UNIVERSITY. Area within Clay County owned and controlled or
       maintained by the University of South Dakota.
1.3.2 MOTOR VEHICLES. Any motorized conveyance as defined by the South Dakota Vehicle
       and Traffic Laws. This includes but is not limited to cars, trucks, motorcycles, and motor
       scooters (mopeds).
1.3.3 VISITORS. Invited and uninvited guests of the University, its department, or members of
       the community.
1.3.4 PARKED VEHICLE. Motor vehicle which is stationary, except when progress is
       temporarily impeded by the other traffic or signage.
1.3.5 OWNER. The person (or legal entity) named as the registered owner under Federal or
       State law.
1.3.6 DAILY. Seven days a week.
1.3.7 DEPARTMENT OF PUBLIC SAFETY. The university department charged with
       enforcement of traffic regulations. The campus Public Safety Office is located in the
       Davidson Building on the University campus.
1.4 AUTHORITY: These regulations are formulated by the University of South Dakota and the
       policy guidelines established by the President of the University of South Dakota and the
       South Dakota Board of Regents, and are in general consonance with policy guidelines
       set forth by the University Senate.
1.5 ADMINISTRATION: The Department of Public Safety is responsible for management of the
       University parking system.


2. GENERAL INFORMATION:

All individuals who operate or maintain motor vehicles on the University of South Dakota campus
have the responsibility to be familiar with these regulations.
2.1 ENFORCEMENT: These regulations are in effect throughout the calendar year. Specific
         restrictions regarding vehicular access are as follows:
2.1.1 All Parking areas are identified by signage.
2.1.2 During emergencies or special situations, it may be necessary to temporarily
         suspend or otherwise modify these regulations. Signage will be installed and if time
         permits, public announcements will be made.
2.2 DISABLED VEHICLES: Assistance may be obtained by calling the Department of Public
         Safety. If the disabled motor vehicle impedes the flow of traffic or creates a hazard, the
         Department of Public Safety may have the vehicle towed.
2.3 ABANDONED VEHICLES: Vehicles abandoned on University property will be removed
         and impounded at the owner's expense.
2.4 STORAGE: Red permit/non-resident/unregistered vehicle storage is not permitted on
         University property.
2.5 LIABILITY FOR DAMAGE: The University assumes no liability for damage to any vehicle,
         or for injury to the operator, the occupant(s), or and other person.
2.6 ACCIDENTS: Vehicle related accidents that occur on campus should be reported to the
         Department of Public Safety.
2.7 COMMENTS/COMPLAINTS: Comments should be submitted in writing to the Department
         of Public Safety and should include detail, i.e., nature of the incident, time, place, and
         individual(s) involved.


3. MOTOR VEHICLE REGISTRATION:

3.1 GENERAL:
3.1.1 The university develops and maintains parking lots for the use of its faculty, staff,
       students and others attending the campus for University functions or for University
       purposes. Parking permits are required to use the University parking system except as
       noted in the following sections. Parking permits may be purchased by members of the
       faculty, staff, student body, employees of entities affiliated with the university and visitors
       who are on campus for university purposes.
3.1.2 All parking on campus, except designated visitor parking and metered parking, is
       by permit only.
3.1.3 A parking permit may take the form of a hanging permit or an adhesive-backed
       permit and will hereafter be referred to as a "permit". A permit does not guarantee a
       parking space but an opportunity to park within a specified area or areas.
       Permits are sold on a first come, first served basis. Parking permits sold may exceed
       the number of available campus parking spaces. Since spaces in prime parking areas
       tend to fill first, a motor vehicle operator may have to choose space in a less
       convenient location.
3.1.4 Lettered permits that correspond with signage at each lot entrance, are issued to
       designate which parking areas may be used. (See Section 4.4.2). Display the adhesive
       permit in accordance with instructions on the permit. Hanging permits are to be hung
       from the rear-view mirror or placed on the driver’s side dash. A parking permit is not valid
       unless displayed correctly on the vehicle.
3.1.5 Use and display of all parking permits are governed by the University. The
        University reserves the right to revoke or recall a parking permit prior to its expiration;
        a refund, if appropriate, will be made to the purchaser. Parking permits which are
        fraudulently obtained, counterfeited, or altered will be confiscated.
3.1.6 The purchaser of a hanging permit may transfer the permit to any vehicle. An
        adhesive-backed permit must be attached to the vehicle for which it was purchased in
        accordance with the instructions on the reverse of the permit. Liability for fines
        remains with the original registrant until the permit is returned to the The Department
        of Public Safety.
3.1.7 Individuals with special needs for parking should contact The Department of
        Public Safety.
3.1.8 A parking permit will not be issued to an individual with unpaid parking fines.
3.1.9 For Handicap permit see 4.4.4
3.2 PENALTIES FOR FAILURE TO REGISTER A VEHICLE: The owner/operator of a motor
        vehicle parked on campus without a permit will be subject to a $30.00 fine for each
        violation. The vehicle may be towed away and impounded at the owner/operator's
        expense.
3.3 EXCEPTION: Motor vehicles owned by departments of the University or by agencies of
        the Federal, State, or local governments are exempt from the registration requirement. All
        operators of exempt vehicles must abide by the traffic regulations.
3.4 REGISTRATION PROCEDURES AND FEES:
3.4.1 Students and Employees who park on campus must register and obtain a
        parking permit at the Business Office, Slagle 207, within five school days after classes
        begin or five working days after employment with the University begins, respectively. If
        a student or employee receives a failure to register ticket, the ticket will be waived if a
        permit is purchased and proof of purchase is presented to The Department of Public
        Safety prior to the cost of the ticket being doubled (see 5.8.1). Subsequent failure to
        register tickets will not be voided, even within the grace period.
3.4.2 Fees for permits are as follows:
        Automobiles Annual $83.10 Semester $41.55 Summer Session $17.40
        Motorcycles Annual $44.25 Semester $14.75 Summer Session $11.65
        Temporary Parking $1.00/day
        Replacement Permits for lost or stolen permits $10.00
        Exchange permits-different class Free
        Parking Meters 30 minutes $ 0.25             60 minutes $ 0.50
3.4.3 Motorcycles must be parked in designated areas.
3.4.4 Refund of a permit will be in accordance with the University's Schedule of Withdrawals.
        Arrangements must be made through the Department of Public Safety, Davidson
        Building.
3.5 VISITOR AND TEMPORARY PARKING PERMITS:
3.5.1 Guest parking permits are available from the Department of Public Safety,
        Davidson Building, for individuals attending conferences, seminars, and short courses
        sponsored by the University. Arrangements for parking should be made with the
        sponsoring activity. Individuals receiving academic credits for courses are considered
        students.
3.5.2 Temporary parking permits are available from the Department of Public Safety,
        Davidson Building, for persons who will be using motor vehicles on campus for a short
        period of time.
3.5.3 Parking meters are available for short-term visitor, student and employee
        parking in Lots 2,5,7,9,13,16,18,20,22, and 23. Vehicles with a parking permit may
        use metered spots providing the meter time is not expired. Meter enforcement time is
        posted on each meter.
3.6 PENALTIES FOR MISUSE OF PARKING PERMIT: A parking permit that has been
        altered, stolen, fraudulently obtained, counterfeited or misused is not considered valid,
        and a University traffic citation will be issued. The permit will be confiscated and the
        vehicle may be towed and impounded at the owner/operator's expense.
4. MOTOR VEHICLE PARKING REGULATIONS

4.1 GENERAL: It is the responsibility of the motor vehicle operator to legally operate or park the
        motor vehicle. Lack of parking space, mechanical problems, inclement weather or other
        disabilities do not justify parking violations.
4.2 VISITOR PARKING: Not for students or employees of the University.
4.3 TEMPORARY RESTRICTIONS AND CHANGES: The University reserves the right to make
        temporary changes in the parking regulations. Such changes will be posted, and when
        practical be publicly announced in advance.
4.4 PARKING AREA DESIGNATIONS:
4.4.1 Permit Type is used to designate:
        A - Non-campus Resident (including employees)
        B - Campus Resident
        C - Family Housing, The Courts or McFadden Hall
        F – Lot 35
        H – Handicapped
        L – Lambda Chi

4.4.2 Lot designation is as follows:
        #1 – Visitor Only
        #2 - A permit/meters
        #3 – A permit/B permits (far east section only)
        #4 - A permit/B permits (east section only)
        #5 - C permit
        #6 – A B permits
        #7 –Visitor/meters
        #8 - B permit
        #9 - B permit/Visitor
        #9a - A permit
        #11 - Presidential/restricted parking with permit
        #12 – Closed due to construction
        #13 - B permit/meters
        #13a- B permits
        #14 - A permit
        #15 - B permit
        #16 - B permit/meters
        #17 - A permit
        #18 - A permit/meters
        #19 - A permit/clinic parking
        #20 - A/B/C permits/meters
        #21 - Restricted to Employees
        #22 - Visitors parking/meters
        #23 - A permit/meters
        #24 - A permit/B permit (as indicated by signage)
        #25 – B Permit
        #26 - A permit
        #27 – B Permit
        #28 - Visitor/A permit
        #29 – B/L permit (as indicated by signage)
        #30 – Restricted
        #31 – A/B/C permit
        #32 – Restricted
        #33 – C permit
        #34 – A permit
        #35 – All permits/free parking
4.4.3  Hours of enforcement:
                A permit areas -- 7:30 am to 5:30 pm, weekdays
                B permit areas -- 24 hours, all days
                C permit areas -- 24 hours, all days
                F permit areas –- 24 hours, all days
                H permit areas -- 24 hours, all days
                L permit areas -- 24 hours, all days
                R permit areas –- 24 hours, all days
                Visitor permit areas -- 24 hours, all days
                Meters -- as posted on meter
4.4.4 Handicapped permits for students are approved by Disabilities Services (677-6389), for
       faculty and staff by Human Resources (677-5671), and may be used in any parking
       area. Many parking lots have reserved handicapped parking designated by the
       appropriate signage. Infringement by others of parking privileges granted to the
       handicapped will result in a traffic citation being issued and the vehicle being towed.
       State Handicap permits are not sufficient for students, faculty, or staff while on campus
       as a University parking permit is still required to park on campus.
4.4.5 Spaces designated Departmental Vehicles are reserved for University of
       South Dakota vehicles assigned to departments.
4.5 NO PARKING AREAS:
4.5.1 A motor vehicle may not be parked on sidewalks, crosswalks, grass, lawns, or in
       front of driveways; in fire lanes, blocking fire exits, or so as to interfere with the use of
       a fire hydrant; in a handicapped space without proper permit; in a loading zone unless
       loading; or as to create a hazard or interfere with the free and proper use of a roadway
       or parking area. SIGNAGE NEED NOT BE DISPLAYED FOR A CITATION TO BE
       ISSUED.
4.5.2 Removing, circumventing, or parking in front of a traffic barricade is prohibited.
4.6 SPECIAL CONDITIONS: Special permission is required from the Department of Public
       Safety to park trailers, motor homes, or similar conveyances containing living quarters on
       the grounds of the University.
4.7 PENALTIES: Violations of the regulations will result in issuance of a University citation and
       the vehicle may be towed and impounded at the owner/operator's expense (See Section
       5).


5. MOTOR VEHICLE PARKING AND TRAFFIC VIOLATIONS

5.1 SCHEDULE OF FINES: The following schedule in no ways limits the rights of the University
        to impose further actions as appropriate.
5.2 FAILURE TO REGISTER A VEHICLE: Parking a vehicle without a registered permit in a
        University parking area (unless such vehicle is exempt from registration requirements) -
        $30.00 each violation.
5.2.1 FAILURE TO DISPLAY PARKING PERMIT: $15.00 fine. (A permit is properly displayed
        when hanging from the rearview mirror of the vehicle or placed on the driver’s side dash.
5.2.2 EXPIRED PARKING METER: $15.00 fine.
5.3 NO PARKING AREA: Parking in a safety zone, $30.00 each violation. Parking in reserved
        area, $30.00 each violation. The vehicle is subject to towing and impounding at the
        owner/operator's expense.
5.3.1 UNAUTHORIZED: Parking in a handicapped area - $100.00 fine. The vehicle is subject
        to towing and impounding at the owner/operator's expense.
5.4 MISUSE OF PERMIT: Counterfeiting, altering, theft of, or defacing a permit - $100.00 each
        violation. Applicable State and Local laws may apply. Vehicle is subject to towing and
        impounding at the owner/operator's expense.
5.5 MOVING VIOLATIONS: Violation while vehicle is moving - $20.00 each violation.
5.6 OTHER VIOLATIONS: Parking a motor vehicle in such a way or at such time as to cause a
       violation of any regulation, other than those outlined in 5.2, 5.3, and 5.4 - $15.00 each
       violation. The vehicle is subject to towing and impounding at the owner/operator's
       expense.
5.7 LIABILITY FOR FINES:
5.7.1 The owner/operator of the motor vehicle will be liable for payment of any fines.
5.7.2 A parking citation will be sufficiently served by attaching it to the vehicle found in
       violation, or by handing the citation to the operator of the motor vehicle, or by mailing the
       citation (or a copy thereof) to the address of the registered owner of the motor vehicle.
5.8 PAYMENT OF FINES AND APPEALS OF FINES:
5.8.1 All parking fines are due and payable to the Business Office, Slagle 207, within 15
       calendar days from the date of the citation. After 15 calendar days the citation is
       considered delinquent and the fine is doubled. Appeals must be made to the Traffic
       Appeals Court c/o Department of Public Safety, Davidson Building, within 15 calendar
       days from the date of the citation (See 5.8.4).
5.8.2 Department of Public Safety will, whenever possible, advise the owner/operator in writing
       that a citation has been issued, indicate when it was issued and that 15 calendar days
       are allowed for payment or appeal before the citation becomes delinquent and the
       doubled fine must be paid at the Business Office, Slagle 207. NO APPEALS MAY BE
       MADE AFTER 15 CALENDAR DAYS FROM DATE OF CITATION.
5.8.3 If after 15 calendar days from the date of the citation, the fine(s) is/are unpaid, the
       University will take appropriate action, consistent with the law, to collect the outstanding
       fines. In the case of students registered with the University, outstanding fines will be
       referred to the Business Office and will become part of the student's official university bill.
       Delinquent employees list will be compiled semi-annually for periods of January 1 thru
       July 31; and August 1 thru December 31. List offered to the Vice President of Finance
       and Administration. All fines will be collected before a permit is issued. A $25.00
       collection fee will be assessed.
5.8.4 Any citation issued which is not delinquent, i.e. 15 calendar days have not elapsed since
       the date of citation issuance, may be appealed to the Traffic Appeals Court. This Court,
       composed of students, faculty and employees appointed by the President, will only
       consider written appeals. Appeals must be made at Department of Public Safety in the
       Davidson Building (677-5341) and accompanied by the citation in question with the full
       name and address of the person making the appeal. Electronic appeal forms can be
       found online. Electronic appeals are only valid once the Department of Public Safety has
       returned a verification email to the sender. If a student is found guilty in the Traffic
       Appeals Court and the student feels due process was denied or that the punishment was
       too severe, the case may be appealed to the Student Association Supreme Court. Those
       who appeal citations are not required to pay fines until the Court determines that a fine
       must be paid. The appellant is allowed 15 calendar days after the Court's decision in
       which to comply. If the fine is not paid within 15 calendar days, the fine will double, be
       referred to the Business Office and become part of the student's official University bill.
5.9 TOWING:
5.9.1 Operators of motor vehicles who habitually violate these regulations will be notified by
       mail after fifteen (15) or more citations in the current academic year, and regardless of
       paid/unpaid status of the citation are subject to tow because of habitual violations.
5.9.2 Operators of motor vehicles who have accumulated an unpaid balance of two hundred
       ($200.00) in unpaid citations during any academic year is subject to tow without notice.
       The vehicle shall be held at the City of Vermillion tow yard and ALL UNPAID CITATIONS
       IMPOUND STORAGE AND TOW FEES WILL BE PAID prior to the release of the
       vehicle.


6. PARKING AND TRAFFIC VIOLATION APPEALS PROCESS

        The Traffic Court shall be comprised of peer judges, including a Clerk of Courts, three
        student judges, one faculty judge, and one staff judge. One of the judges shall be
       selected from the Parking & Traffic Committee. A representative of the University of
       South Dakota's Public Safety Office shall attend all Traffic Court proceedings to provide
       advice to the Court. A quorum shall constitute a minimum of three judges and the Clerk of
       Courts.

       The Clerk of Courts is to be appointed be the Student Association President. With the
       advice of the Clerk of Courts, the Student Association President will select the three
       student judges and submit them to the President of the University. The faculty and staff
       judges will be selected by the President of the University. Appointments will be made at
       the beginning of the fall semester and last for one year. Should a committee member
       resign, a replacement will be named by a similar process for that respective position.
       The Court will meet in regular sessions no less than three times per semester. Regular
       sessions shall be established by the Clerk of Courts within two weeks of the beginning of
       each semester. Regular sessions shall be held at least every six weeks, with the final
       court date of each semester taking place in the week before finals week. The traffic Court
       may establish more meetings as needed to clear its docket. Notice shall be given all
       members and affected appellants at least two weeks prior to the designation of new court
       dates. The Traffic Court shall be in recess for the entire summer break.

       Appeals shall be submitted to the USD Public Safety office. Appeal forms shall be
       available at Public Safety. Public Safety office shall then forward appeals to the Clerk of
       Courts for review. The Clerk of Courts will notify Public Safety of the dates, times, and
       location of where court will be held. Public Safety will then forward this information to the
       Appellant. Appellants must notify the Clerk of Courts no less than three days before trail
       date if they will not be able to appear on the assigned court date and time. Appellants will
       be granted one extension until the next available trial date. Appellants must be present
       to appeal their case to the Court. Failure to appear will result in an automatic Appeal
       denied ruling with all fines due in full.

       When Court is in session, judges will sit at the front of the room facing a single chair from
       which Appellants will present their case. One judge shall take notes, recording the
       testimony of the Appellant. Judges will hear one case at a time until all complaints have
       been heard. After all the case have been heard, judges will meet privately to discuss
       each case and determine a course of action. The judges can issue on of four rulings:
               1. Appeal denied; all fines due in full.
               2. Appeal denied with reservation; fines can be reduced to hold to allow for
               extraordinary circumstances and judicial discretion.
               3. Appeal granted in full.
               4. Appellant failed to appear; all fines due in full.
       Judges will vote on which ruling they believe to be appropriate for each case. The Clerk
       of Courts, who does not vote unless there is a tie, will take a count and the ruling
       receiving the most votes will be levied upon the Appellant. Judges must not participate in
       any case ruling representing a conflict of interest.

       The Appellants will be notified within one week of the Court's Decision. Fines must be
       paid by the Appellant within 15 days of the court date if they are found guilty. If they do
       not agree with the Court's ruling, Appellant may secure a secondary appeal. Further
       appeals are limited to due process and should be handled by the Student Supreme Court
       by notifying that Court within 15 days of the initial judgment of the Traffic Court.

PUBLISHED: 7 November 1997 EDITED: 21 April 1999, 21 October 2000, 2 April 2001, 12 June
2001, 23 October 2001. 31 May 2006. 9 August 2006. 31 August 2007. 14 August 2008.
3 September 2008.