
CHAPTER EIGHT: CAMPUS POLICE AND SAFETY
SECTION SEVEN
Parking and Traffic Regulations
I. General
A. This rule chapter applies to all persons who operate or park a motor vehicle on property owned or controlled by the University. All Lee County traffic and parking ordinances which are not in conflict or inconsistent with University rules and all provisions of Chapter 316, Florida Statutes, shall extend and be applicable to the University's premises. The operation and parking of motor vehicles on University property are privileges and not rights, which are available only through compliance with these rules. Application for and acceptance of a decal or permit shall be deemed an acknowledgment of the requirements of, and an agreement to adhere to, these rules.
B. University parking and traffic rules are enforced twenty-four hours a day, each day of the calendar year. Copies of these rules and a schedule of fees and fines are available at the Campus Police and Safety Department and the Cashier's Office. The University assumes no liability for vehicles parked or operated on University premises. The issuance of a decal or permit does not guarantee a place to park.
II. Authority of University Police: University police are sworn law enforcement officers who are authorized and empowered to:
A. Enforce these rules and to provide for the safety of all persons on University property;
B. Make arrests, issue citations, and seek the assistance of, and cooperate with, other law enforcement agencies in carrying out their police functions;
C. Pursue violators off campus to make arrests; and
D. Enforce all State of Florida laws and Lee County traffic ordinances which are not in conflict or inconsistent with these rules; and perform any other act authorized by law.
III. Registration of Vehicles
A. Any motor vehicle that is owned, leased or operated by a student, faculty or staff member, administrator, concession employee or any other person who regularly operates a motor vehicle on University property must be registered with the University and display a validly issued University parking decal or permit. Vehicles, which make temporary and brief stops at one or more points on University premises including but not limited to, marked delivery trucks, utility service vehicles, vehicles for hire and buses are exempt from registration. Contractors and contractor personnel who are engaged in university construction projects are also exempted when engaged in work and parked at specified locations on project sites.
B. Unless a grace period has been established by the President, and is in effect, vehicle registrations expire on the date indicated on the decal or permit. Notice of a grace period shall be given by publication in the student newspaper and in posting in and around campus.
C. Decals and permits are issued according to the classifications contained in these rules. A decal or permit will be issued by the Campus Police and Safety Department upon the following conditions:
1. The owner or driver registers the vehicle with the Campus Police and Safety Department;
2. The owner or driver pays the appropriate fee and provides proof of the decal or permit classification to which he or she is entitled;
3. The owner or driver settles all outstanding traffic and parking fines and fees;
4. Parking privileges have not been revoked for the owner or driver; and,
5. When two (or more) persons who are employed by, or are students at, the University, reside in the same household and drive separate vehicles, each is required to register and purchase a decal or permit. If two (or more) persons travel together in one vehicle, only one decal or permit is required.
IV. Decal and Permit Fees:
A. The annual registration fee for decals and permits is provided below:
Three or More Wheels Affixed Hanging
General Parking (All lots) $75.00 $75.00
Two Wheels Affixed Hanging
General Parking (All lots) $25.00 N/A
B. Decals and permits can be purchased on a per term basis for a fee of $30.00 per term. An applicant for vehicle registration will be issued either an affixed decal or a hanging permit if available for the category of vehicle being registered as indicated by the chart above. Decals are non-transferable. Permits are transferable to any other four-wheeled vehicle that is registered in accordance with this rule and is owned, leased or operated by the applicant.
V. Regulations
A. Decal/Permit Registration; Replacements; Refunds
1. If a vehicle registered by an affixed decal is sold, traded, or destroyed or if the affixed decal is defaced, the original registrant may obtain a replacement decal for a fee of $5.00 upon presenting the original decal, along with the new vehicle registration (if applicable), to the Campus Police and Safety Department or the Cashier's Office.
2. All lost, stolen or defaced decals should be reported to the Campus Police and Safety Department.
3. Lost or stolen decals or permits will not be replaced and the registrant will be required to purchase a new decal or permit.
4. A full refund will be issued for affixed decals or hanging permits sold in the current term if returned intact before the last day of Drop/Add for that term and if the student is no longer enrolled in any course at the University. Refund checks will be mailed to students at the address recorded in the Registrar's Office. No cash refunds will be given by the Campus Police and Safety Department or the Cashier's Office.
5. University employees may elect to have vehicle registration fees deducted from their paychecks through payroll deduction. Payroll deduction is available for annual permits only during the fall class term.
6. Temporary permits may be issued under the following circumstances:
(a) When the registered vehicle is undergoing repairs and the registrant is driving a loaner or rental vehicle;
(b) When a college or department is hosting a special event such as a seminar or meeting on University property; or
(c) When a college or department employs temporary or seasonal personnel for a duration of no more than two weeks. Where the duration of temporary or seasonal employment is more than two weeks, the cost of a term decal or permit shall be prorated and assessed.
7. Decal/Permit Display. Decals and permits shall be displayed according to the following regulations:
(a) All persons who park motor vehicles on University premises shall display either a valid decal or permit.
(b) Decals shall be permanently affixed to the upper left corner of the windshield of four wheeled motor vehicles or as otherwise directed by the Campus Police and Safety Department at the time of registration depending upon vehicle configuration.
(c) A hanging style permit shall be displayed at all times while on campus on the rear view mirror with the permit number facing outward.
(d) Decal shall be permanently affixed to the rear fender of two-wheeled vehicles, or if there is no fender, as directed by the University Police at the time of registration.
(e) No person shall transfer a decal or permit to another person, alter a decal or permit, falsify documents to obtain a decal or permit or to otherwise possess, obtain or display a decal or permit that is not registered in his or her name. Any such act constitutes decal/permit fraud.
B. Traffic Rules. For purposes of this rule, motorcycles, motor scooters, mopeds, bicycles and motorized disability access vehicles are considered to be motor vehicles. Operation of motor vehicles on University roadways and in parking lots is subject to the following regulations:
1. Pedestrians and wildlife have the right-of-way over motor vehicles. Pedestrians must use crosswalks when crossing a roadway.
2. The speed limit in all parking lots is 15 miles per hour and the speed limit on roadways is 30 miles an hour, unless otherwise posted.
3. .Motorists and pedestrians shall follow and obey all traffic signs and devices and orders given by University police. Directions given by University police supersede posted regulations and traffic signals.
4. University police may erect barriers on roadways and in parking lots from time to time to prevent the entry of vehicles. No person shall move or remove barriers or enter into areas barricaded by police.
5. No motor vehicles, other than police, emergency or service vehicles, and motorized disability access vehicles shall be operated or parked on grass, walkways, sidewalks, fire hydrant areas, service areas, or other prohibited zones, except where specifically permitted by signage.
6. No person shall alter, deface or remove any traffic control device or sign.
7. No second person shall ride on a motorcycle, motor scooter, or bicycle unless the vehicle is designed and equipped with a seat for a second person.
8. All vehicular accidents, which occur on University property, shall be reported to the Campus Police and Safety Department.
C. Parking Rules.
1. Posted signs, wheel stops and other markings designate the various parking areas on campus. The University may designate temporary parking areas by placement of delineating signs, wheel stops or other identifying marks. Parking areas may be restricted by classification, time or purpose. Parking areas restricted by classification, time or purpose shall be considered "no parking" zones to those individuals who do not fall within the restriction of the classification. The following parking restrictions are found in areas on the University's premises:
(a) Disabled
(b) Motorcycle/moped/bicycle
(c) State Vehicles
(d) Loading Zone
(e) Visitor
2. The following rules apply to the parking of motor vehicles on University property:
(a) All vehicles must park in marked parking spaces.
(b) Visitors must obtain a visitor's parking permit from the University Police Department and must park in spaces designated as Visitor parking, unless otherwise directed by University police.
(c) No vehicle shall be parked in more than one space at a time or in a manner that straddles the marked lines of a parking space.
(d) No motor vehicle shall be parked or left standing in a manner that blocks the egress or ingress of another vehicle, i.e. double-parking.
(e) Motor vehicles shall not be parked or left standing in such a way as to create a hazard or an obstruction with the free movement of vehicular or pedestrian traffic.
(f) No vehicle shall be parked or left standing on grass, sidewalks, or on the street, unless otherwise permitted by signage.
(g) A person, who must leave a motor vehicle overnight on University premises due to mechanical failure, flat tire, lack of fuel and the like, must notify the Campus Police and Safety Department. Any vehicle left parked on campus for more than three consecutive days and nights, without notification to the Campus Police and Safety Department, shall be deemed abandoned and subject to towing, impoundment and disposal at the owner’s expense. Disabled vehicles shall be reported immediately to the Campus Police and Safety Department.
(h) No major repairs to vehicles shall be performed on University property.
(i) Loading zones shall be used only for the purposes of loading and unloading vehicles and only for the time limit permitted by signage.
(j) No person shall park in any restricted parking space (i.e., handicapped parking, state vehicles) unless the person or vehicle satisfies the terms of the restriction. Persons with temporary disabilities may obtain special permits to park in spaces designated for handicapped parking from the Campus Police and Safety Department upon presentation of medical documentation. Vehicles parked in handicapped spaces without either state-issued handicapped parking permits or university-issued handicapped parking permits are subject to being towed in addition to any other penalty provided by Rule 6C10-8.006.
(k) Any parking space within an assigned lot that is not reserved for a particular kind of parking is open on a first come basis to students, faculty, staff or other registrants.
3. Parking a vehicle on University premises following failure to pay or appeal any citation for a university decal, parking or traffic infraction within the time provided, or parking on University premises with a revoked decal or permit shall be considered illegal parking and subject the vehicle to towing and impoundment or immobilization at the owner's expense in addition to any other penalty or fine provided by Rule 6C10-8.006.
4. Motorcycles, motor scooters and bicycles shall be parked only in special racks or designated areas and shall not occupy spaces designated for automobiles.
VI. Enforcement
A. Violations: Failure to abide by any provision of these rules shall be deemed a university traffic infraction. University traffic infractions are enforced through use of written warnings, citations and fines, towing and impoundment, immobilization and any other means authorized by this rule.
B. Citations: University police issue written university citations to persons who violate county or university decal/permit, traffic and parking rules. State of Florida Uniform Traffic Citations are issued for moving violations, which are returnable to Lee County Court for appearance and payment of fines. State of Florida Uniform Traffic Citations may carry higher fines or penalties and cannot be appealed through the University's administrative processes.
C. Schedule of Fines: The schedule below establishes fines for university traffic infractions:
|
If Paid within Five (5) Days |
|
| Decal/Permit Violations (Except Decal/Permit Fraud) |
$15.00 |
| Decal/Permit Fraud |
$100.00 |
| Parking Violations (Except Handicapped) |
$15.00 |
| Handicapped Parking Violations |
$200.00 |
| University Traffic Violations |
$15.00 |
|
If Payment Received after Five (5) Days |
|
| Decal/Permit Violations (Except Decal/Permit Fraud) |
$25.00 |
| Decal/Permit Fraud |
$125.00 |
| Parking Violations (Except Handicapped) |
$25.00 |
| Handicapped Parking Violations |
$225.00 |
| University Traffic Violations |
$25.00 |
| Late Fee: |
25% of amount due |
D. Vehicles, which remain parked in time restricted parking spaces such as Loading Zones beyond the time allowed, are subject to additional citation. Any vehicle, which remains in violation of any other provision of these rules twenty-four (24) hours beyond the time of the original citation, is subject to additional citation.
E. Administrative Action: In addition to the accrual of a fine and late fee, the University is authorized to take administrative action if a university traffic citation is not paid or appealed within the time provided in these rules. Such administrative action includes withholding of grades, degrees and/or transcripts; revocation of parking privileges; turning the citation over for collection, and/or towing and impoundment or immobilization of the person's vehicle.
F. Permit Revocation: A person who has been accused of decal/permit fraud or who falsifies or misrepresents information when applying for or exercising parking and traffic privileges is subject to revocation of parking privileges, if such charges were sustained.
G. Responsibility for Citations: The person(s) in whose name a decal/permit is registered or in whose name a vehicle is registered with the Department of Highway Safety and Motor Vehicles, shall be held responsible for citations issued to a vehicle unless he or she furnishes the University Police Department with evidence that the vehicle was, at the time of the University Traffic Infraction, in the care, custody or control of another person.
H. Procedures for Payment of Fines and Appeals:
1. A person who has been issued a university traffic citation has five (5) university business days from the date of its issuance to settle the citation either by paying the designated fine or by filing an appeal. If payment is not made or an appeal instituted within the allotted time, a late charge shall be assessed. If the fine and fee are not paid within ten (10) days from the date the citation is issued, then the University will turn the matter over to the University's Cashier's Office for collection, in which case the person shall also be responsible for paying reasonable costs of collection.
2. Fines can be paid in person or by mail at the Cashier's Office during regular university business hours. All payments should include the payor's social security number and the citation number.
I. Appeals: Appeals of citations for university traffic infractions are instituted by filing a written appeal with the Director of Campus Police and Safety Department or a designee on Form UPD #1001 (4/97) which is incorporated by reference into this rule. Forms may be obtained at the Campus Police and Safety Department. Lack of parking spaces or the failure of others to observe these rules shall not be valid defenses to violation of the University's parking and traffic rules. The appeal shall include a current and accurate address where notices can be sent and received. The Director of Campus Police or designee shall make a determination whether to grant the appeal within 10 days of receipt of the appeal. If the appeal is denied by the Director of Campus Police or designee, then the appeal shall be forwarded, as completed, to the University Traffic Appeals Board for hearing and resolution at its next scheduled meeting.
1. The University Traffic Appeals Board consists of five members who are appointed by the University President for two year staggered terms. The membership of the Board shall include one representative from the following: student government, faculty, Administrative and Professional, USPS and one additional member appointed at large by the President. The student, faculty, Administrative and Professional and USPS representatives will be nominated by their respective governance structures. The Director of Campus Police and Safety Department shall be an ex officio member of the Traffic Appeals Board. The University Traffic Appeals Board shall have the authority to hear and resolve appeals of university traffic infractions including cases of permit revocation.
2. Upon receipt of an appeal, the Board shall set a time and date for hearing and provide the appellant with at least five (5) University business days advance written notice. Failure of the appellant to appear at the hearing shall result in dismissal of the appeal.
3. At the hearing, the Traffic Appeals Board shall consider any facts or evidence, which are relevant to its determination of the appeal. The board may request additional information prior to rendering its decision and may hear the testimony of the appellant, witnesses or the citing officer. The board may modify the penalties provided in Section 6C10-8.006. Such modification may include a reduction in penalty or a warning to the appellant. The board shall render a decision within thirty (30) days of the close of the hearing and notify the appellant in writing.
4. The decision to grant or deny an appeal shall be in writing and contain findings supporting the board's determination. The decision of the Traffic Appeals Board is final without further right of review. When an appeal is denied, the fine assessed for the violation shall be paid within five (5) calendar days of notification to the appellant or a late fee of 25 percent will be assessed. The appellant will also be subject to any other administrative action authorized by these rules to collect all outstanding fines and fees.
J. Towing and Impoundment; Immobilization:
1. Towing and Impoundment: The University is authorized to tow and impound any vehicle, which is found to be parked in violation of this rule chapter. The towing and impoundment of a vehicle shall be used as a last resort under the following conditions: the vehicle is abandoned per 6C10-8.005 (4)(b)7; the vehicle is parked in a handicapped space for which it is not permitted; hazardous parking; the parking decal/permit is fraudulent; or the registrant is deemed a chronic violator in that they have obtained three or more citations during a school term which have remained unpaid or unsatisfied during that term.
2. Immobilization: As an alternative to towing and impoundment, the University may immobilize a vehicle by attaching a wheel lock device when there are two (2) or more university traffic citations outstanding against the vehicle and timely action has not been taken to pay or appeal the citations. A vehicle may also be immobilized when it is found to display a lost, stolen, forged or altered University parking decal or permit. At the time of attachment, a notice shall be affixed to the vehicle which states the sum of outstanding fines and fees that must be satisfied before the wheel lock will be removed and the location where the moneys can be paid. A $20.00 immobilization fee shall be charged in addition to all other fines and fees which are due and owing.
3. Release of Vehicle: All outstanding fines and fees against the vehicle must be satisfied before a vehicle will be released from impoundment or immobilization. A person whose vehicle has been towed and impounded or immobilized may challenge the validity of the action by filing a written appeal to the University Traffic Appeals Board within 10 days of the date the vehicle was released, using UPD Form #1002 (4/97). The Director of Campus Police and Safety or designee shall review and determine whether an immediate release of the vehicle is warranted. If the subsequent appeal to the University Traffic Appeals Board is granted, the University shall refund the amount charged for towing and impoundment of the vehicle.
© FGCU 1998 Administrative Services. This is an official
FGCU web page. Florida Gulf Coast University is an equal opportunity/affirmative
action institution. Effective Date: 04/01/98
Revised Date: 11/05/98
Contact bharris@fgcu.edu