Ohio Admin. Code 3335-21-05 - Enforcement generally

(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.

Notes

Ohio Admin. Code 3335-21-05

Effective: 8/3/2012
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 3335.08
Prior Effective Dates: 3/13/78, 11/19/78, 8/2/82, 7/1/03