(A) Authority of enforcement personnel.
(1) Law enforcement officers,
traffic control officers, hospital and campus
security officers and
traffic control
officers
the parking operator
shall
enforce, to the extent authorized,
these rules
regulations
university on university
streets, roadways,
lands
property and
properties
grounds.
(2) The university police, hospital and
campus security officers and traffic control officers are hereby authorized to
direct all traffic by voice, hand, or signal in conformity with
university
these rules
regulations, provided that in the event of a fire or emergency or to
expedite traffic or to safeguard pedestrians, such officers may direct traffic
as conditions may require, notwithstanding the provisions of
these rules regulations
this chapter.
(3) Officers of a fire department, when at
the scene of a fire or other emergency, may direct or assist in directing
traffic at the same place or in the immediate vicinity.
(4) Other staff employed by
transportation and parking services
the university or public safety may, at times,
assist with traffic direction.
(B) Obedience to enforcement personnel. No
person shall willfully fail or refuse to comply with any lawful order or
direction of a
law enforcement officer, a fire department official, a
traffic
control officer,
or a
hospital and campus
security officer or a student traffic
office.
(C) Application of rules to
pushcarts and animal riders. Persons propelling pushcarts or riding animals
shall obey traffic rules. Every person propelling a pushcart or riding an
animal upon a roadway, and every person driving any animal-drawn vehicle, shall
be subject to the provisions of these rules that are applicable to the driver
of a vehicle, except those provisions which by their nature can have no
application.
(D)
(C) Application of
rules regulations to government vehicles.
The provisions of
these rules regulations
this chapter shall apply to the driver of any
vehicle owned by or used in the service of the United States government, the
state of Ohio and its political subdivisions. No such driver shall violate or
fail to comply with any of the provisions of
these
rules regulations,
this chapter except
as may be otherwise provided in
these rules
regulations
this chapter or in state
statutes.
(E)
(D) Assessments for violations.
Whoever breaches his or her contract by violating or
failing to comply with any of the provisions of these rules is subject to an
assessment established by transportation and parking services or university
police, approved by the senior vice president for business and finance of the
university and adopted by the board of trustees.
Any faculty member, staff member, student, employee,
contractor, agent or visitor who violates or fails to comply with any of the
provisions of
these regulations
this chapter is subject to an assessment established in
accordance with the concession agreement or the university.
(F)
Forms and records of notices of violation.
Transportation and parking services shall provide computer generated or printed
books of "notice of violation" forms for notifying individuals of alleged
violations and appropriate response to alleged violation options. Such forms
shall include serial numbers as prescribed by the department.
(G)
Issue of forms. The department shall issue such
notice of violation forms to individual members of the department, hospital and
campus security officers and university law enforcement officers. The
department shall require and maintain a written receipt for every hand held
computer device or book of forms issued.
(H)
Procedure upon traffic violations. Except when
authorized or directed under state statutes to immediately take a person before
a magistrate for the violation of any traffic law, a university law enforcement
officer who stops a person for a violation of any state statute, other than for
the purpose of giving such person a warning notice, and who does not take such
person into custody under arrest for a violation of any state statute, may take
the name, address and operator's license number of such person, the registered
number of the motor vehicle involved, and such other pertinent information that
may be necessary, and may issue to such person in a local court of competent
jurisdiction at a time not more than five days after such alleged violation,
which time shall be specified in the notice. The officer, upon issuing such
notice, shall allow such person to proceed.
(I)
Issuing notice. Except when authorized by a state
statute to immediately take a person before a magistrate for a violation of any
traffic law, a law enforcement officer who stops a person for a violation of
any of the provisions of these rules, other than for the purpose of giving such
person a warning, shall take the name, address and operator's license number of
such person, the registration number of the vehicle, the university
registration number, and all other information that may be necessary, and may
issue to such person a notice of violation of these rules. The officer, upon
issuing such notice, shall then permit such person to proceed.
(J)
Disposition and records of traffic citations,
warrants and complaints.
(1) Every law enforcement officer,
upon issuing a uniform traffic ticket to an alleged violator of any provision
of a state statute, shall deposit the original and remaining duplicate copies
of the notice with his or her immediate superior officer, who shall cause the
notice to be delivered to and filed with the local court of competent
jurisdiction with the county.
(2) Upon the filing of such original
notice in court, as specified, such notice may be disposed of consistent with
rules of that court.
(3) The director of transportation
and parking services shall require the return of each notice of violation and
all copies thereof which have been spoiled or upon which any entry has been
made and which have not been issued to an alleged violator.
(4) University police shall also
maintain or cause to be maintained, in connection with every uniform traffic
ticket complaint issued by a university law enforcement officer, a record of
the disposition of the charge by the court.
(5) The university police shall also
maintain or cause to be maintained a record of all warrants issued by a court
of competent jurisdiction and of such state traffic law violation charges which
are delivered to the university police department for service, and of the final
disposition of all such warrants.
(K)
(E) Notice of
parking
violation. Whenever any vehicle is found parked or stopped in
violation of any
of the provisions of
these rules
regulations,
this chapter
a traffic control officer, a hospital and campus
security officer or a law enforcement officer
the parking operator or authorized university employee
finding such vehicle shall take its registration number and may take any other
information displayed on the vehicle which may identify its user, and shall
conspicuously place on such vehicle or provide to the violator a
notice of
violation
, on a form provided by transportation and
parking services, for the driver to answer within a time and at a place
specified in such notice.
(L)
(F) Noncompliance with
notice of
parking violation. If a violator of any of the provisions of
these rules regulations
this chapter does not respond as specified on the
notice of violation placed on a vehicle or provided to the violator within the
specified period of time,
transportation
and
the parking
services
operator
may send to the owner of the motor vehicle to
which the notice pertains a letter or a copy of the
notice of violation
informing such owner of the
violation and that the
related assessment is to be paid. In addition, the
department
parking
operator
may take whatever other enforcement action it
deems appropriate
is authorized to do under the concession
agreement
.
(M)
(G) Prima-facie liability for
parking violations.
Presumption in reference to violation. In
any action charging a
violation of
thisthese
ruleregulations
rules
governing the stopping,
standing or
parking of a vehicle,
it
there is
presumed
a
prima-facie presumption that the person who has registered such vehicle
with the
university parking operator was
the person who parked or placed such vehicle at the point where, and for the
time during which, such
violation occurred. In the event that the vehicle is
not registered with the
university
parking operator
,
there
is a prima-facie presumption that the registered owner of the vehicle
shall be held primafacie to be
was the person controlling,
parking or otherwise
using the vehicle and committing the
violation.
(N)
Official misconduct. No university officer or employee who
receives or has custody of an assessment under these rules, either before or
after a deposit in the specified fund, shall fail, refuse or neglect to comply
with any of the foregoing provisions of this chapter. Such failure, refusal or
neglect shall be deemed misconduct in office and shall be grounds for removal
of such officer or employee from office.
