NP 1.12 Parking Enforcement Policy

General Information:

The purpose of Northeastern Junior College’s (hereafter referred to as “College” or “Northeastern”) parking enforcement practice is to provide safe and efficient access to all campus buildings in a manner that supports campus activities and residence life. Parking is governed under the authority of the College President by the policy statements in the College’s student handbook, sections 3.27(a) and 3.27(b).

Northeastern’s Campus Safety Office oversees parking enforcement. Currently, the Coordinator of Campus Safety is primarily responsible for enforcing parking regulations. During occasions when the Coordinator of Campus Safety is unavailable, Hall Directors, Assistant Hall Directors, and Physical Plant staff may enforce Northeastern’s parking regulations. All parking enforcement will be prompt and impartial.

Any parking enforcement action must have accompanying photographs depicting the vehicle in violation of the College’s parking policy, the license plate of the vehicle, the make and model of the vehicle, and a photograph of the warning, fine, or notice of immobilization placed on the vehicle.

Parking information must be obtained from the student handbook, sections 3.27(A) “Vehicle Regulations and 3.27(b) “Vehicle Regulation Enforcement,” or by contacting the Vice President of Student Services. Incorrect information received from any other source is not considered a valid defense for parking violations or standing for an appeal.

All vehicles must be parked in designated parking areas and abide by the restrictions detailed in this document. Designated parking spots are striped or parallel to buildings.

The vehicle owner is responsible for all enforcement actions related to their vehicle. If a vehicle owner allows another party to use their vehicle for any reason, the owner assumes responsibility to ensure that the vehicle is operated in compliance with Northeastern’s policy.

Bicycles and non-motorized vehicles are not under the scope of this policy/proposal.

Definitions:

• Abandoned Vehicle: Any vehicle that is left in one location on campus for more than one month without notifying Campus Safety. Current students and staff have the right to properly park in an on-campus parking spot for the duration of a regular semester.
• Americans with Disabilities Act (ADA)/Handicap spaces: This definition is also known as handicap or may be referred to as Medical Equal Accessibility 4 (MEA). An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. A person needing a permit to park in a handicapped space should contact the Logan County Automobile Department at the Logan County Courthouse in Sterling, Colorado.
• Appeal: Properly contesting a parking fine in accordance with the student handbook.
• Bicycle: Every device propelled solely by human power upon which a person
• can ride. This includes tricycles, recumbent, unicycles, and tandems.
• Boot: an immobilization device attached to the wheel of a vehicle to prevent it from being moved, sometimes referred to as a wheel lock.
• Business Days; Monday through Friday, 8:00 A.M.-5:00 P.M., excluding weekends and holidays.
• Campus: All property owned and/or under the control of Northeastern Junior College
• Citation: Formal notice of a fine issued by the College placed on a violator’s vehicle.
• Diesel Parking Space: Designated parking spots to the Northeast of the Physical Plant Maintenance Garage. These parking spots require a paid parking permit obtained from the cashier’s office for permission to park in a designated diesel parking space.
• Disabled Veteran Plates: Disabled Veteran Plates are not valid in ADA/Handicapped parking spots unless they are ADA/Handicapped designated plates.
• Drop Fee: The fee charged by a towing company to a vehicle’s owner or operator to terminate the towing process once the tow truck has arrived on the scene.
• Electric Vehicle Parking: Designated parking spots to the North of the Purple Lot for vehicles with plug-in capabilities.
• Emergency Vehicle: Ambulance, fire, or police vehicles operated in their official function.
• Fine: A monetary penalty that a party is responsible for paying.
• Improper Parking or Illegal Parking: Parking in violation of College policy or Colorado Law.
• Loading/Unloading Areas: Areas marked by a sign, having curbs painted white, or painted, designating it as a loading/unloading zone.
• Motorcycle: A motor vehicle designed to travel with not more than three wheels in contact with the ground, except tractors. This includes all motorcycles, mopeds, low-powered scooters, and motorized bicycles powered by electricity or combustible fuel.
• Nuisance: A vehicle can be deemed to be a nuisance if it is inoperable, is deemed to be a safety hazard or if it repeatedly parks in a manner that is in violation of the parking regulations. This especially applies to the following areas: fire lanes, state and service vehicle spaces, bike lanes and loading zones.
• No-Cite Days: Designated days when the College will not immediately cite for parking violations. Examples include commencement and registration days.
• No-Show Fee: The fee charged by a towing company if the towing company is contacted but the towing process is terminated before the tow truck arrives on the scene.
• Off-Campus Parking: Any vehicle parked in areas outside the control of the College.
• Parking: The stopping of a vehicle, whether occupied or not, other than very briefly for the purpose of and while actually engaged in loading or unloading passengers while the vehicle is occupied.
• Parking Space: An area designated for parking vehicles and defined by two parallel lines indicating the boundaries of the individual spaces.
• Proper Parking: Parking in a permitted area within designated parking lines or parallel parked with its wheels no more than twelve (12) inches from the curb, where permitted.
• Service Vehicles: Includes vehicles owned by the College’s Physical Plant department actively engaged in service or maintenance of the buildings and grounds, or vehicles owned or operated by commercial establishments, contracted by the College, and actively engaged in servicing the campus.
• Trailer Parking: Trailers on vehicles requiring more than one parking space are permitted only in the designated area west of Beede-Hamil Hall.
• Parking Warning: A formal advisement from the College that a vehicle is improperly or illegally parked without a fine.
• Vehicle: Refers to a car, sedan, SUV, pick-up, truck, tractor, motorcycle, moped, golf cart, 4x4 mule, farm implement, or other motorized self-propelled machine that transports people or goods.
• Vehicle Operator: Any person who operates a vehicle.
• Vehicle Owner: The person or party to which a vehicle belongs. In the case that a student’s vehicle is legally registered to the student’s parents but operated by the student on a regular basis, the student will be considered the vehicle’s owner.
• Yellow Curb Markings: Areas with curbs painted yellow are designated “no parking” areas.

Enforcement Methods:

Warning:

In most cases, a parking warning will be issued as a first-step response to parking violations. Generally in the form of a written notice, but can include verbal warnings. Campus Safety maintains a log of parking warnings issued. In some aggravated circumstances, a warning may not be issued. In these cases, Campus Safety will employ booting or towing.

No monetary fine or disciplinary sanction is imposed on the vehicle owner for a parking warning.

Fines:

Fines are due immediately upon receipt of the parking fine notice on the violating vehicle. A fine is considered “overdue” if it is unpaid or an appeal has not been filed (as provided in the student handbook) within ten (10) business days after issuance of the fine. All overdue fines are doubled in cost. Delinquent fines will result in a hold being placed on a student’s account.

The fine schedule is as follows:

• First Fine: $50
• Repeated Fine (second, third, etc.): $100

If the College receives any fines due to improper parking, the full amount will be added to the fine the vehicle owner is responsible for paying. For example, if a vehicle owner is blocking dumpster access and the College is subsequently charged $150, the vehicle owner will be fined the amount of the parking fine, plus $150.

The cashier’s office may generate a promissory note to cover the costs of any fine temporarily.

Immobilization (Booting):

Northeastern does not currently have a vehicle registration process. Therefore, Campus Safety may not be able to determine who to assess the fine for parking violations. Vehicles that have outstanding unpaid parking fines will be immobilized by booting. If a vehicle is booted, the owner must pay all fines before removing the boot. The cashier will contact Campus Safety, or the vehicle owner will provide Campus Safety with receipt proof that the fine is paid.

If a vehicle is booted, a notice of vehicle immobilization will be placed on the driver’s door window to the vehicle. The notice will include a statement warning the vehicle operator of the boot’s presence, a statement telling the driver not to operate the vehicle until the boot is removed, instructions to have the boot removed, and a warning not to attempt to remove or damage the parking boot.

Parking boots may only be removed by an authorized College employee after all parking fines are paid at the cashier’s office. The cashier’s office is open from 7:30 A.M. to 4:30 P.M. during the regular business schedule. Boots will only be removed from 8:00 A.M. to 5 P.M. during the regular business week.

Unauthorized removal of a parking boot is prohibited. The vehicle owner is responsible for all damage resulting from the unauthorized removal of a parking boot.

If the owner of a vehicle fitted with a parking boot has not paid the parking fines or initiated the proper appeal process within five (5) business days will be subject to towing at the owner’s expense.

Northeastern may employ vehicle immobilization only in areas or parking lots with visible signs warning vehicle drivers about booting or vehicle immobilization.

Towing and Impounding:

Towing will only be employed as the last step in parking enforcement or in circumstances where no other alternative method of enforcement is sufficient. Northeastern recognizes the significant burden placed on a vehicle owner when their vehicle is towed. The vehicle owner is responsible for all costs associated with towing. These costs include the impound fee and cost of recovering the vehicle, costs billed to the College as a “no-show fee” or a “drop fee.”

Campus Safety will make a reasonable attempt to contact the owner of a towed vehicle. The College is not responsible for any further actions assisting the vehicle owner in recovering a towed vehicle.

Law Enforcement Action:

Local law enforcement (police department, sheriff’s office etc.) has the authority to enforce parking regulations in accordance with the Colorado Revised Statutes and City Code. The College does not have any authority in the actions of law enforcement actions on campus. The College’s appeal process does not apply to any enforcement action taken by law enforcement.

Parking Violations:

1. Critical Violations: The following are considered serious parking violations and require an immediate response. In these cases, a warning may not be issued. Emergency vehicles are exempt from these regulations.
   1. Parking in a manner that blocks emergency access to the campus. Examples include blocking access to a fire hydrant or parking in a fire lane.
   2. Parking on any lawn, field, sidewalk, or undesignated parking area except by prior authorization or legitimate use need.
   3. Vehicles parked blocking access to an ADA/Handicapped parking spot without a valid permit.
   4. Vehicles parked blocking access to a diesel parking spot.
   5. Parking blocking access to a dumpster or critical utility access site.
   6. Parallel parking more than twenty-four (24) inches from the curb.
   7. Parking in a manner that is so reckless or unsafe that it warrants an immediate response.
2. General Parking Violations: The following are general parking violations that are not time-sensitive and do not immediately impact the safety of the College community. Violators will first be issued a warning in most cases before issuance of a fine, booting, or towing occurs.
   1. Double parking or parking in a manner that occupies more than one parking spot.
   2. Parking in a loading/unloading area without a valid reason.
   3. Parking against the flow of traffic.
   4. Unauthorized parking on campus to include abandoned vehicles and nuisance vehicles.
   5. Parallel Parking more than twelve (12) inches, but less than twenty-four (24) inches from the curb.
   6. Parking blocking access to a construction or work site.
   7. Parking in a “no parking” area.
   8. Parking in a manner that hinders regular maintenance work such as snow removal.
   9. Parking in an area other than an authorized parking spot within a parking lot (i.e. yellow striped areas).

Appeals:

Any person who is issued a warning, fine, or has an immobilization device placed on their vehicle has the right to appeal a parking violation. To submit an appeal, written notice must be provided to the Vice President of Student Services within seven (7) days of the enforcement action. All appeals and responses are then forwarded to an appeals officer appointed by the College President or an appeals committee for initial review to determine if the appeal meets the limited grounds and is timely. The original enforcement action will stand if the appeal is not timely or substantively eligible and the enforcement action is final.

If an appeal has standing, the documentation is forwarded for consideration. Because the original enforcement action is presumed to have been decided reasonably and appropriately, the party appealing the decision must specifically cite the error(s) in the original documentation on which the appeal is based. The ONLY grounds for appeal are as follows:

1. A material procedural or substantive error occurred that significantly impacted the enforcement action (e.g. substantiated bias, material deviation from established procedures); which must be explained in the written appeal;

or

2. To consider new evidence, unavailable during the investigation and enforcement action that could substantially impact original enforcement action. A summary of this new evidence and its potential impact must be included in the written appeal as well as the reasons the new evidence was not available when the enforcement action was taken.

The appeals committee shall be appointed by the NJC President and shall consist of one (1) administrator, one (1) faculty member (the faculty member shall not be a current or past instructor or advisor of the student filing the appeal), and one (1) student representative (an officer from the Associated Student Government). If the appeals officer or committee determines that a material procedural or substantive error occurred, it may return the complaint to the Chief Student Services Officer or designee with instructions to reconvene to cure the error. In rare cases, where the procedural or substantive error cannot be cured by the Chief Student Services Officer or designee in cases of bias, the appeals officer or committee may order a new hearing be held by a different individual acting in the place of the designated Chief Student Services Officer or designee. The results of a reconvened hearing cannot be appealed. The results of a new hearing can be appealed, once, on the two applicable grounds for appeals.

If the appeals officer or committee determines that new evidence should be considered, it will return the complaint to the Chief Student Services Officer or designee to reconsider in light of the new evidence, only. If the subject matter pertains to discrimination and/or harassment pursuant to 3.18 of the NJC Student Handbook, the appeals officer or committee will return the complaint to the Title IX Coordinator to reconsider in light of the new evidence, only. The reconsideration of the CSSO, designee, or Title IX Coordinator is not appealable.

Upon decision by the appeals committee, the enforcement action will either stand or be voided.

See section 5 of the student handbook for additional information.