The Ordinance Regulating

Traffic and Parking

On the Campus of

Fayetteville State University

INTRODUCTION

This Ordinance defines the general operations and policies for traffic and parking on the campus of Fayetteville State University. The provisions set forth in this Ordinance are designed to ensure the safety and protection of all users of the system.

Effective Date

January 1, 2000

Be it ordained by the Board of Trustees of Fayetteville State University, pursuant to Chapter 116, Article 1, Part 6 of General Statutes of North Carolina:

ARTICLE I. GENERAL PROVISIONS

All students and employees of the university are required to purchase parking decals that operate motor vehicles on the Campus of Fayetteville State University.

Sec. 1-1. Definitions

The words and phrases defined in this section have the meaning indicated when used in this Ordinance, unless the context clearly requires another meaning:

1. “Campus” means all property that (i) is owned or leased in whole or in part

by the State of North Carolina, (ii) is subject to the general oversight of the Board of Trustees of Fayetteville State University, and (iii) is located within Fayetteville, Cumberland Co., North Carolina, excepting and excluding:

a. property leased to another not located within one of the areas set out

in Sec.3-3;

b. the university donated property;

c. property held for use as an official residence for administrative officers of Fayetteville State University.

2. “Motor vehicle” means every licensed vehicle that is self-propelled and every vehicle designed to run upon the highway that is pulled by a self-propelled vehicle. This includes automobiles, trucks, motorcycles and any other licensed motor-powered, passenger-carrying device.

3. “Park” means to leave a motor vehicle unattended by any person authorized to, or capable of, moving it immediately upon the direction of a law or traffic enforcement officer. Notes in vehicles, activated hazard lights, or a running engine do not render the vehicle “attended.”

4. “Chancellor” means the Chancellor of Fayetteville State University or his/her delegate.

5. “Visitor” means any individual other than a student or employee of Fayetteville State University.

6. “Moped/Motorbike”, that means every two-wheeled vehicle that is self propelled by means of a motor and that is not licensed by the State of North Carolina, and is capable of carrying passenger(s).

7. “Bicycle” means every device propelled by human power upon which any person may ride, and supported by either two tandem or three wheels, one of which is sixteen inches or more in diameter. “Abandoned bicycles” are those which have not been moved from the same location for a period of two weeks or longer.

8. “Booting” means to immobilize a vehicle through the use of a device designed to be attached to the rear tire / wheel that renders the vehicle inoperable.

9. “Parking Coordinator” means a department-assigned staff member who acts as a liaison with the Fayetteville State Police Department.

10. “Parking Permit” means any identification assigned by the Fayetteville State University Police Department.

11. “State-owned Vehicles” are all vehicles, Service and Non-service, owned by the State of North Carolina.

12. “State-owned Non-Service Vehicles” are vehicles owned by the State of North Carolina and used by campus departments for the purposes of intercampus travel (i.e., attending meetings, processing paperwork, etc.), off-campus destination travel, and not used to provide special services as part of their ongoing work responsibilities as defined by the definition of State-owned Service Vehicles.

13. “State-owned Service Vehicles” are vehicles owned by the State of North Carolina that are used by campus departments to perform clearly defined special services (e.g., mail services, repair/maintenance services, police services, security services, grounds services, computer support services, etc.) as part of their ongoing work responsibilities for Fayetteville State University.

14. “Employee” means all full-time and part-time employees who hold permanent, probationary, trainee, temporary, time-limited or intermittent appointments with the university.

15. “Student” includes any person who is currently enrolled at the university.

Sec. 1-2. Regulating and Delegating of Authority

1. The Chief of Police is authorized to adopt and promulgate such rules and regulations and to establish such administrative procedures as he/she may deem necessary or advisable for the administration, interpretation, and enforcement of this Ordinance.

2. The Chief of Police may delegate administrative responsibilities imposed on him/her by this Ordinance to the Administrative and Patrol Captain or other personnel of the university that he may designate.

3. The Police Department operates twenty-four hours a day, seven days a week. In-office customer service is available from 8:00 a.m. until 5:00 p.m., Monday through Friday, except on university-recognized holidays. Regulations are enforced 24 hours a day.

Sec. 1-3. Posting Notice of Ordinance and Regulations

The Chief of Police, through his designated administrative officers, shall cause to be posted a public notice of traffic and parking restrictions imposed by or pursuant to the authority of this Ordinance and by Chapter 116, Article 1, Part 6 of the General Statutes of North Carolina. Once posted, these restrictions are in effect at all times unless otherwise stated.

Sec. 1-4. Publications of Ordinance and Regulations

The Chief of Police, through his administrative personnel, shall cause copies of this Ordinance and regulations issued pursuant hereto to be printed and made available to students, faculty, and employees of the university.

Sec. 1-5. Filing of Ordinance and Regulations

A certified copy of this Ordinance and all regulations issued hereunder, except temporary police regulations, shall be filed in:

1. the Office of the Chancellor of Fayetteville State University;

2. the Office of the Vice Chancellor for Business Affairs of Fayetteville State University;

3. the Office of the Secretary of the State of North Carolina;

4. the Office of the FSU Chief of the Police Department, and

5. the Office of Student Affairs.

Sec. 1-6. Liability

Fayetteville State University assumes no liability or responsibility for damage or theft to any vehicle parked in or on university properties subject to the jurisdiction or control of the Board of Trustees of the university. The provisions of this Ordinance shall apply to all operators of all vehicles, public and private, and they shall be enforced twenty-four hours a day except as otherwise specified by this Ordinance. It shall be unlawful for any operator to violate any of the provisions of this Ordinance except as otherwise permitted by The Ordinance or General Statutes of North Carolina.

The operator of any vehicle shall obey the lawful instruction of any law enforcement officer, parking control officer, official traffic signs or control devices appropriately placed and in accordance with provisions of these regulations.

Sec. 1-7. Cooperation with Civil Authorities

The Chief of Police shall cooperate with all law enforcement authorities of the State of North Carolina and its political subdivisions in enforcing this Ordinance and issuing regulations hereunder. When the City of Fayetteville enacts an Ordinance that, pursuant to G.S.116, 44.5, supersedes any portion of this Ordinance or any regulation issued hereunder, the Chief of Police shall, upon receiving a certified copy of such Ordinance from the town clerk, immediately cause to be removed all parking meters, signs and other devices or markings erected or placed on a public street by authority of the superseded Ordinance or regulations.

Sec. 1-8. Rules of Evidence

When a vehicle is found to be in violation of this Ordinance it shall be considered prima facie evidence that the vehicle was parked by:

1. The person to whom a university parking permit for the vehicle is registered.

2. (If no parking permit has been issued for the vehicle), the person, company, corporation or firm in whose name the vehicle is registered with the North Carolina Division of Motor Vehicles or the corresponding agency of another state or nation; or

3. The son, daughter, spouse, or ward of the registered owner enrolled in or employed with Fayetteville State University.

The prima facie rule of evidence established by Sec. 1-8 shall not apply to the registered owner of a leased or rented vehicle when said owner can furnish evidence that the vehicle was, at the time of the parking violation, leased or rented, to another person. In such instances, the owner of the vehicle shall, within reasonable time after notification of the parking violation, furnish the Police Department with the name and address of the person or company who leased or rented the vehicle.

Sec. 1-9. Trust Accounts

All monies received from parking fees and penalties imposed by this Ordinance, as well as any parking impact fees, shall be placed in trust accounts and may be used for the following purposes:

1. to defray the cost of administering and enforcing this Ordinance and Chapter 116, Article 1, Part 6 of the General Statutes of North Carolina;

2. to develop, maintain, and supervise parking lots, areas and facilities;

3. to provide escort service on the campus to students, faculty, and staff;

4. for any other purpose related to parking, traffic, transportation, on the

campus.

Sec. 1-10. Parking on Streets or Roads of the City of Fayetteville

Except as expressly permitted by this Ordinance, it is unlawful for any person to park a motor vehicle:

1. on the campus of Fayetteville State University; and

2. on those portions of the following streets in the City of Fayetteville where parking is not prohibited by The Ordinance of the City of Fayetteville.

a. Both sides of Edgecomb Avenue

b. Both sides of Langdon Street

c. Both sides of Murchison Road

d. All Sidewalks

e. Any Landscape

Nothing in this Ordinance shall be construed as a recognition by the Board of Trustees of Fayetteville State University as a prescriptive easement in any street specifically named herein.

ARTICLE II. PAYMENTS AND COLLECTIONS

Sec. 2-1. Payment Methods

Payments owed to FSU Police Department for a permits, citations, bus passes, visitor parking, etc. may be made in the following ways (the Department reserves the right or the ability to change payment for operational efficiency):

1. Checks or money orders (payable to Fayetteville State University):

2. FSU Payroll Deduction (requires completed signed form);

3. University Account Adjustment Request (AJ-1) (to be used by university departments for transferring funds);

4. MasterCard/VISA (FSU Business and Finance Office);

5. Business and Finance Office receipt must be submitted to FSU Campus Police no later than 15 days after payment for a parking permit (no refund will be granted after 15 days).

Sec. 2-2. Replacement Fee

A lost or stolen parking permit must be reported immediately to the Police Department. A lost or stolen permit will be replaced at a charge of $15.00.

A replacement fee for a lost or stolen permit will not be refunded after the 45^th day upon filing a report/incident card to the Police Department.

A replacement fee of $45.oo will be charged after the 1^st permit is reported lost or stolen. Permits reported lost or stolen may not be replaced without the approval of the Chief of Police.

Sec. 2-3. Returned Checks

Any payment made by a check that is returned by the bank and not cleared upon notification shall necessitate that a hold be placed with the Business Office or that the amount be deducted from an employee’s paycheck. Returned checks of non-affiliated individuals or companies will be forwarded to a collection agency if not cleared upon notification. A $25.00 service charge shall be imposed for all returned checks.

Sec. 2-4. Collection Methods

No Parking permits may be issued to any individual who has outstanding debts to the Police Department. Failure to pay debts within the required time frame can result in the university arranging for the collection of fees assessed against faculty, staff, students, and visitors in the following manner:

1. Debts owed by employees of the university may be deducted from payroll checks.

2. Debts owed by students necessitate that a “hold” status be placed with the University Registrar and the Business Office.

3. The Attorney General for the State of North Carolina may recommend the use of a collection agency to collect debts from individuals whose debts may not be collected by payroll deduction or by other means.

4. Debts owed by employees and students shall be forwarded to FSU Business Office for collection.

5. Failure to pay civil penalties or other just debts owed to the Department of Public Safety within 72 hours of the date of the citation(s) or incurrence of the debt will result in a late payment fee being assessed on each unpaid citation or other transaction that is equal to the assessed fine.

6. Debts owed by individuals not eligible for payroll deduction may be subject to garnishment of North Carolina State income tax refund.

Sec. 2-5. Civil Suits for Recovery of Penalties

When the Chief of Police, in his sole judgment, determines that civil penalties validly imposed for violation of this Ordinance cannot or will not be collected through

normal administrative procedures, he may request the Attorney General of North Carolina to bring a civil action against the offender in the name of the State for the recovery of the penalty. The request on behalf of the university will be submitted by the Business Office.

ARTICLE III. PARKING

Sec. 3-1. Method of Parking

The Chief of Police shall cause each area in which parking is permitted by this Ordinance to be surveyed and developed for parking. Each parking space shall be defined by appropriate signs and painted lines (when the parking area is paved). When parking spaces have been marked off in the area in which parking is lawful, vehicles shall be parked within the spaces so designated at all times.

1. It is unlawful at any time to occupy portions of more than one space when such is defined by painted lines or to park in any portion of the area not clearly designated parking.

2. When spaces are designated at an angle (diagonally) to a street curb or dividing median, vehicles shall be parked therein with the front of the vehicle next to the curb or median. When parking spaces are parallel to a curb or dividing median, vehicles shall be parked with the front of the vehicle facing the direction of travel authorized for that side of the street or driveway.

3. It shall be unlawful to park a vehicle in a lot that is not designated for use by the appropriate permit.

4. It shall be unlawful to park any vehicle in any manner that blocks a dumpster from being reached by Physical Plant Personnel.

5. It shall be unlawful to cause any vehicle to block a driveway or a roadway on the campus of FSU.

Sec. 3-2. Disabled Vehicles

It is unlawful to leave a disabled vehicle parked in violation of this Ordinance without immediately notifying the University Police. If the vehicle is obstructing traffic, in a reserved space, or creating a hazard, it must be moved immediately.

No vehicle will be placed on the disabled vehicle list more than one time per month unless the operator will accept assistance from the University Police Personnel or a tow firm. Persons who exceed the limitations for placing their vehicle on the disabled list and do not accept assistance shall be subject to the appropriate penalty if the vehicle remains parked in violation of this Ordinance. If the Police Department has permits available for the lot in which the vehicle is parked, the operator may be required to purchase a permit rather than be placed on the disabled list.

Sec. 3-3. Parking Zones

Any person parking a motor vehicle in the parking lots and areas described in this section (3-3) must display the appropriate permit for that lot or parking area during those

days and hours specified at the entrance to such lots or areas. Any vehicle parked without displaying a valid permit is subject to the issuance of a civil penalty, vehicle immobilization/booting, and/or towing.

If the assigned lot is full, a temporary permit for an alternate zone may be obtained from the Police Department.

It is unlawful to park a motor vehicle within any lot other than the one authorized by permit, as displayed on the registered motor vehicle. Vehicles displaying a valid Service Permit obtained through the FSU Police Department may park as indicated by use of those special permits and their related restrictions.

A guide that summarizes the regulations and a map depicting the parking zones is available at the Police Department. Parking lots are described as follows:

East Campus Parking Lots West Campus Parking Lots

Lot A - Staff Lot H - Resident/Commuting

Lot A-1 - Admin Lot I - Staff

Lot B - Staff Lot I-1 - Commuting

Lot C - Staff Lot J - Staff

Lot C-1 - Commuting Lot K - Commuting

Lot D - Staff Lot L - Staff

Lot E - Staff Lot M - Staff

Lot E-1 - Resident Lot N - Commuting

Lot F - Commuting Lot P - Visitor/Staff

Lot F-1 - Commuting Lot Q - Resident

Lot G - Resident Lot R - Staff

Lot W - Commuting Lot R-1 - Resident

Lot X - Commuting Lot S - Faculty/Staff

West Campus Parking Lots

Lot S-1 - Commuting

Lot U - Staff

Lot U-1 - Resident

Police

Infirmary

Hood Hall

Sec. 3-4 Lot Permit Fees

Lot Employee Fee Student Fee