POL 04.10.04 - Traffic and Parking

Authority:

Chancellor

Responsible Office:

Director of Police & Public Safety / Chief of Police

Date Established:

05-24-2024

Last Revised:

05-24-2024

1. GENERAL PROVISIONS

1.1 Definitions

1.1.1 Abandoned Bicycle/Vehicle: Any bicycle or vehicle that has been parked illegally for more than ten days or which is determined to be “derelict” or inoperable under North Carolina General Statute 20-137.7.

1.1.2 Academic Year: The period of time from the beginning date of the Fall Semester until the end date of the following Spring Semester.

1.1.3 Access Point for Accessibility Spaces: The road space adjacent to all curb cuts built for wheelchair access from the street to the sidewalk and the space adjacent to each mobility-impaired parking space is identified by white diagonal lines.

1.1.4 Administrative Sanctions: Penalties that may be assessed for repeated violations of these ordinances or for failure to pay validly due fines and/or fees. Administrative sanctions include but are not limited to, revocation of parking permits and referral to the Office of Student Conduct.

1.1.5 Bicycle: A device propelled by human power upon which any person may ride, and supported by either two tandems or three wheels, one of which is 16 inches or more in diameter. For this Ordinance, a bicycle shall be deemed a vehicle.

1.1.6 Bicycle Path: A paved strip or path that is designated for use by bicycles. May be adjacent to a roadway, or a separate route to a roadway, and may also include strips to delineate bicycle lanes from pedestrian lanes.

1.1.7 Campus: All property located in and around Pembroke, North Carolina, which is owned or leased by the State of North Carolina and under the supervision of the Board of Trustees of the University of North Carolina at Pembroke.

1.1.8 Chronic Offender: An individual who exhibits an observable pattern of recurring parking violations without demonstrating a recognizable intent to self-correct the violating behavior.

1.1.9 Citation: A paper or electronic parking citation.

1.1.10 Concurrent Parking: When multiple vehicles, registered to one account (permit), are found parked on campus at the same time.

1.1.11 Corporate Partner: Any non-University entity, or employee of such, leasing land or space from the University, which is located on one of the University's campuses or properties.

1.1.12 Crosswalks: Any portion of a roadway distinctly indicated for pedestrian crossing by lines, other markings on the surface, a raised elevation of asphalt or concrete and/or signs.

1.1.13 Director of Police & Public Safety / Chief of Police: That person designated by the Chancellor who shall be responsible for administering, implementing, and enforcing the provisions of the Ordinance, except where another person or party is specified in the Ordinance.

1.1.14 e-Bike: Pedal assist bicycle that cannot provide power when traveling over 15 mph.

1.1.15 Employee: Any individual employed by the University and who receives a salary or a non-salaried visiting faculty. Students, even those employed by the University, are not considered employees.

1.1.16 Fire Lane: Any area specifically marked, striped, signed, or designated where vehicles are prohibited from parking, and/or any area in which direct and immediate access to a fire hydrant or firefighting apparatus would be blocked by a parked vehicle.

1.1.17 Fiscal Year: From July 1 to June 30 of any given year.

1.1.18 Greenway: Greenway trails are paved and are designed to accommodate a variety of users, including bicyclists, walkers, hikers, joggers and those who use a wheelchair. e-Scooters, motorcycles and mopeds are not allowed on the Greenway. Exceptions may be granted to emergency vehicles.

1.1.18 LPR: A technology known as License Plate Recognition which is used for parking management purposes.

1.1.19 Loading Zone: A time-limited space designated by signs and proclaimed for use for loading and unloading materials and supplies.

1.1.20 Low-speed Vehicle: A four-wheeled vehicle whose top speed is less than 20 miles per hour. This includes but is not limited to, golf carts, golf cart-type utility vehicles and gator-type utility vehicles.

1.1.21 Micromobility Devices: Manually operated or electric bicycles, scooters, skateboards, one-wheel, segways, hoverboards, or other similar devices.

1.1.22 Motorcycle/Moped: Any motorized two or three-wheeled vehicle capable of carrying a rider and capable of speeds greater than 15 mph.

1.1.23 No Parking Area: Any area not specifically marked, striped, or designated for parking.

1.1.24 Non-University: Any permit-eligible company or individual not considered part of the University of North Carolina at Pembroke through enrollment or earned pay status, this includes University corporate partners.

1.1.25 Operator: A person in actual physical control of a vehicle, that is in motion, stopped, or standing.

1.1.26 Park: The standing of a vehicle, whether occupied or not, other than while engaged in the loading or unloading of passengers.

1.1.27 Parking Area: Any place or area specifically set aside, marked, or assigned by the Department of Police and Public Safety's Parking Office for the parking of vehicles, either permanently or temporarily.

1.1.28 Parking Pay Station: Any sign or mechanical device activated by credit/debit card, coupon or pay app that enables an individual to purchase parking in a designated paid hourly parking location.

1.1.29 Parking Permit: A physical or virtual parking credential that defines and grants access to parking in a designated area(s) during designated times. All permits require registration of a vehicle (with the exception of special event parking permits authorized by the Department of Police and Public Safety's Parking Office). Department of Police and Public Safety's Parking Office reserves the right to limit the number of vehicles registered to each permit.

1.1.30 Parking Office: The office designated by the Director of Police & Public Safety / Chief of Police, which issues parking permits, keeps registration and permits records, records violations and collects Department of Police and Public Safety's Parking Office fees and fines.

1.1.31 Pay-By-Plate Location: Any parking area where payment for parking is required based on the length of time the vehicle is parked.

1.1.32 Pay Lot Citation: A citation incurred in a visitor parking area when there is no evidence that parking fees were paid at the time of use.

1.1.33 Pedestrian Safety Zone: Areas where cyclists and skateboarders must either ride at the walking pace of the nearby pedestrians or dismount their vehicle. Pedestrians have the right-of-way in a pedestrian safety zone. All sidewalks, pathways, plazas, or walkways are pedestrian safety zones.

1.1.34 Personal Assistive Mobility device: A self-balancing device, designed to transport one person, with a propulsion system that limits the maximum speed of the device to 15 miles per hour or less.

1.1.35 Registered Vehicle: A vehicle registered with Department of Police and Public Safety's Parking Office, authorized to park on campus.

1.1.36 Reserved Parking Space: Any parking space designated for use by a specific user, who has purchased the use of the designated reserved parking space through the Department of Police and Public Safety's Parking Office.

1.1.37 Reserved Space: Any parking space, designated for a specific user or use, event spaces / lots, materials staging, construction spaces and special reserved spaces / areas.

1.1.38 Restitution: Compensation due to Department of Police and Public Safety's Parking Office for the value of a product/service received without benefit of having made previous payment for the same.

1.1.39 Service Provider: One who is providing repair and/or maintenance of equipment or facility. Exceptions to this definition are by Department of Police and Public Safety's Parking Office approval only.

1.1.40 Sharrow: An on-the-street marking denoting a “safety zone” where cyclists can ride on the street without being hit by an opened car door. These markings may also denote where cyclists should be riding, such as at intersections with multiple turn lanes. A sharrow also serves to alert both cyclists and drivers that the lane is for both types of vehicles.

1.1.41 Sidewalks: All property along or by any street, highway, or roadway which is intended for pedestrian use and which lies between the curb line and lateral line of any street, highway or roadway and the line at which the use of property for purposes other than pedestrian traffic ends.

1.1.42 State: When unmodified, means the State of North Carolina.

1.1.43 Stop: When required, means complete cessation of movement. When prohibited, means any stopping of a vehicle except when necessary to avoid conflict with other traffic or in compliance with the direction of a law enforcement officer or traffic control sign or signal.

1.1.44 Store: The parking of a bicycle or vehicle for a continual period of more than twenty-four hours or the parking of a bicycle or vehicle with the intent that it shall not be moved for a period of at least 24 hours.

1.1.45 Street, Highway, or Roadway: The entire width of a corridor designed or marked by proper authorities for vehicular traffic.

1.1.46 Student: Any person registered with the University as a full-time, part-time, graduate, or other special student. This does not include employees of the University who are in a full-time permanent position and subject to the SHRA or EHRA guidelines.

1.1.47 Temporary Employee: Any non-student part-time or full-time temporary (nonpermanent) employee of the University.

1.1.48 Traffic Way: Any way, area or region where vehicles or bicycles are permitted to be operated or parked.

1.1.49 Department of Police and Public Safety's Parking Office: The University of North Carolina Pembroke (UNCP) office within the Department of Police and Public Safety which is responsible for, among other things: planning, enforcement of rules and regulations for parking and traffic, registration of vehicles, distribution of permits, issuance of parking penalties, collections of Department of Police and Public Safety's Parking Office receipts and the upkeep and renovations of parking facilities.

1.1.50 Travel Lane: That portion of the road, street or way between the centerline and curb on which vehicles or bicycles are permitted to operate, but where parking is prohibited.

1.1.51 University: Unless otherwise provided, the University of North Carolina Pembroke in Pembroke, North Carolina.

1.1.52 University Holidays: Those days named by the Chancellor as Official University Employee Holidays. This does not include Fall and Spring Break or other student breaks.

1.1.53 Unsettled Fines, Fees and Charges: Any fines, fees, and charges (monetary or otherwise) levied by Department of Police and Public Safety's Parking Office which have not been resolved by payment of outstanding debts and/or the return of a parking permit, as specified by Department of Police and Public Safety's Parking Office, the Director of Police & Public Safety / Chief of Police or other University Agencies.

1.1.54 Vehicle: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon fixed rails or tracks; provided, that for the purpose of this Ordinance, bicycles shall be deemed vehicles and every rider of a bicycle on the campus shall be subject to the provisions of this Ordinance governing traffic and parking.

1.1.55 Vehicle Registration: The registration of vehicle(s) parked on campus as required by G.S 116-44.4.

1.1.56 Visitor: Individuals not identified by this section as an employee, student, non-university/corporate partner or temporary employee.

1.1.57 Walk or Walkway: A path designed for or marked for exclusive use by pedestrians whether along a street, roadway or other areas.

1.2 Authority

1.2.1 As provided by North Carolina General Statute 116-44.4, the Board of Trustees of the University of North Carolina at Pembroke adopts this Traffic and Parking Ordinance and through their designee, the Director of Police & Public Safety / Chief of Police, shall be responsible for the registration, flow and parking of vehicles on property owned or leased in whole or in part by the State of North Carolina and which is under the control of the Board of Trustees of the University of North Carolina at Pembroke.

1.2.2 The Director of Police & Public Safety / Chief of Police, acting pursuant to the authority vested by this Ordinance and the Board of Trustees, shall exercise discretion and authority in a manner as to assure the proper conduct of the necessary business of the University and the effective utilization and control of the available parking areas and facilities on the campus of the University for the benefit and maximum convenience of visitors, students and employees.

1.2.2.1 The Director of Police & Public Safety / Chief of Police is authorized to issue exceptions to regulations within this Ordinance, to issue temporary regulations and suspend enforcement of parking regulations to allow for the benefit and maximum convenience of visitors, students, and employees. The Director of Police & Public Safety / Chief of Police retains the right to authorize or deny the use of or closing of campus streets and parking lots. The Director of Police & Public Safety / Chief of Police retains the right to remove vehicles from closed streets and/or parking lots.

1.2.2.2 The Director of Police & Public Safety / Chief of Police may suspend enforcement of parking regulations to allow for special events on campus. Exceptions to regulations, temporary regulations and enforcement suspensions are valid only for when and how specified and shall not be considered precedent for future situations.

1.2.3 Posting notice of this Ordinance: The Director of Police & Public Safety / Chief of Police shall post notice of this Ordinance and the General Statutes of North Carolina Chapter 116-44.4 to the public.

1.2.4 Filing of this Ordinance: All ordinances adopted under this Part shall be recorded in the minutes of the board of trustees. The Director of Police & Public Safety / Chief of Police shall provide for printing and distributing copies of its traffic and parking ordinances.

1.2.5 Liability: The University of North Carolina at Pembroke assumes no liability or responsibility for damage to or theft of any vehicle parked or in operation on the properties leased or under the control of the Board of Trustees of the University of North Carolina at Pembroke.

1.2.6 The provisions of this Ordinance shall apply to all University of North Carolina at Pembroke employees, students, partners, vendors, contractors and visitors, as well as the operators of all vehicles, whether public or private and they shall be enforced 24 hours a day, except as herein provided. It shall be unlawful for any operator to violate any of the provisions of the Ordinance, except as otherwise permitted in this Ordinance or the General Statutes of North Carolina.

1.2.7 The operator of any vehicle shall obey the lawful instruction of any law enforcement officer, parking enforcement officer, traffic officer and any official traffic signs or control devices appropriately placed and in accordance with the provisions of these regulations. Whenever a particular section does not state that signs are required, such section shall be effective without signs being provided.

1.2.8 Nothing in this Ordinance shall be deemed to prohibit authorized vehicles of the University or its agents, or of any public utility company from making any such stops as the establishment and maintenance of streets, grounds, water supply, and utility lines require. It is a violation of this policy to drive or park a motor vehicle on sidewalks, grass, or shrubbery unless such areas are designated for parking.

1.2.9 Monies: Any revenue collected shall be used for Department of Police and Public Safety's Parking Office staffing and operations and such other purposes as deemed necessary to carry out the Department of Police and Public Safety's Parking Office program at the University of North Carolina at Pembroke or as otherwise designated by North Carolina General Statutes.

1.3 Violation of Ordinance

1.3.1 In addition to the criminal penalties set out by North Carolina General Statute, any person violating this, or any regulations issued hereunder is subject to a civil penalty as set forth in this Ordinance. In addition to any civil penalty that may be imposed, Administrative Sanctions may also be imposed if an offender does not pay a validly due penalty or upon repeated offenses. Violations of these Ordinances are not infractions as defined in General Statute 116-44-4.

1.3.2 Rules of Evidence: When a vehicle is found parked or unattended in violation of this Ordinance, it shall be considered prima facie evidence that the vehicle was parked:

1.3.2.1 By the person assigned the parking permit for that vehicle

1.3.2.2 By the person registered with the University for the parking permit assigned to that vehicle or

1.3.2.3 By the person on file as the vehicle's owner with the North Carolina Division of Motor Vehicles, or corresponding agencies of another state or nation.

2. REGISTRATION AND ISSUANCE OF VIRTUAL OR PHYSICAL PARKING PERMITS

2.1 General Terms and Conditions

2.1.1 For this Ordinance, the terms “permit,” “parking privilege,” “virtual permit” and “credential” represent the required permission to park on the University of North Carolina at Pembroke campus in areas designated for permit parking.

2.1.2 Vehicles parked on campus property between the hours of 7:00 am and 6:00 pm, Monday through Friday, for any period, however short, must be registered with the Department of Police and Public Safety's Parking Office and abide by the conditions set forth in this policy.

2.1.3 All vehicles issued a permit to park on campus must have a current and valid state-issued license plate that is associated with the vehicle identification number of the vehicle on which it is displayed and proof of current, valid insurance coverage.

2.1.4 Eligible employees and students may request parking permits through the Department of Police and Public Safety's Parking Office.

2.1.5 Campus visitors may obtain a visitor parking permit from the Department of Police and Public Safety's Parking Office or at any pay-by-plate location.

2.1.6 Employees, students, and visitors have designated parking areas on campus which can be found online at the Department of Police and Public Safety's website.

2.1.7 Visitors may park in designated visitor parking spaces upon payment for parking, either by pay-by-plate parking or purchasing a visitor parking permit from the Department of Police and Public Safety's Parking Office.

2.1.8 All vehicles must be parked with the rear of the vehicle facing the drive lane with a valid state issued license plate displayed on the rear bumper of the vehicle. Vehicles are prohibited from being pulled through spaces or backed into a space, unless displaying a UNCP Department of Police and Public Safety Parking Office vanity plate with the numbers matching the license plate. Approved vanity plates may be purchased through the Department of Police and Public Safety Traffic Office. Vanity plates are not needed if the registered vehicle is licensed in a state requiring front and rear license plates.

2.1.9 Vehicles not registered to park in permitted areas on campus are subject to immobilization, towing, fines, and restitution on the value of the permit.

2.1.10 Parking permits remain the property of the Department of Police and Public Safety's Parking Office. Parking permits, replacement permits, temporary permits or access control devices may not be given, sold, or traded to another person.

2.1.11 Fines may result from failure to obtain a parking permit, parking without paying via pay station, failure to display an appropriate permit while parked in a permit-required zone or space, or other violations of this regulation.

2.1.12 Unregistered vehicles are subject to immobilization for identification purposes.

2.2 Employee Parking Permits

2.2.1 Employee Vehicle Registration: Employees may register up to five (5) vehicles per permit.

2.2.2 Motorcycles may not be registered to a vehicle permit; however, a separate motorcycle permit may be purchased. Only one (1) vehicle or one (1) motorcycle associated with the same account is permitted to park on campus at the same time (in locations other than paid visitor parking areas).

2.2.3 Employees may request a parking permit at any time during the year. Employees may not purchase student-designated permits or utilize guest or visitor parking permits.

2.2.4 Employees may purchase reserved parking spaces. Reserved parking space assignments are based on availability.

2.2.5 Payroll deducted employee parking fees shall be deducted on a tax basis determined by the University, in alignment with applicable tax laws.

2.2.6 Payroll deducted employee permits expire at the end of the academic year. Parking permit fees apply until the employee cancels their permit or until the end of the academic year. For rate definition the faculty/staff permit cycle runs from August 1 until July 31 the following year.

2.2.7 Employees who have their parking fees paid through payroll deduction are responsible for monthly payments until they request the termination of their parking permit.

2.2.8 Permit Returns

2.2.8.1 Employees who wish to return/cancel a permit that is no longer needed or who are separating from the University, must return the parking permit to the Department of Police and Public Safety's Parking Office.

2.2.8.2 Employees will not receive a refund when a permit is canceled.

2.2.8.3 If an employee is paying for their permit via Payroll Deduction, the parking fee will continue to be deducted from their paycheck until a “Cancel Payroll Deduction” form has been submitted.

2.2.9 Reserved Parking Spaces

2.2.9.1 The Director of Police and Public Safety shall determine the number of reserved spaces needed.

2.2.9.2 Reserved parking spaces may be approved for designated senior administrators to include the Chancellor and members of his or her Cabinet, Vice Chancellors, Associate and Assistant Vice Chancellors, and Deans.

2.2.9.3 Reserved parking spaces may be requested by other employees. Reserved parking spaces for employees, other than listed in # 2 of this section, may be authorized by the Director of Police and Public Safety / Chief of Police, based on the availability of parking in the requested parking lot.

2.2.9.4 Nothing in this Ordinance shall be considered to require the Director of Police and Public Safety / Chief of Police to authorize Reserved parking spaces for any requests from employees, other than listed in # 2 of this section.

2.2.9.5 Employees approved for Reserved Parking spaces will be required to purchase a Reserved Parking space for a specific space.

2.2.9.6 Reserved Parking spaces will be numbered and an employee with a Reserved Parking space will be designated a specific Reserved Parking space.

2.2.9.7 It will be a violation of this Ordinance for a Reserve Parking permit holder to park in a Reserved Parking space not assigned to the employee.

2.2.9.8 All Reserved parking spaces shall be identified by a Reserve Parking sign prominently posted at the space.

2.2.9.9 A posted reserved parking space shall be reserved at all times unless otherwise indicated.

2.2.9.10 It shall be a violation of this Ordinance for any unauthorized person to park a vehicle in a Reserved parking space at any time.

2.2.11 Permanent Twelve-Month Employees: Benefits-eligible permanent employees are eligible to have their monthly parking permit fee deducted from their paycheck. If an individual leaves University employment prior to the expiration of their parking permit, they are responsible for notifying the Payroll Department of Police and Public Safety's Parking Office.

2.2.12 Temporary Employees: Individuals employed in a nonpermanent position or capacity through the University must purchase a parking permit. Verification of employment, including duration of employment, is required. Payroll deduction is not permitted. Payment must be made by money order, check or credit card. Payment must be for the full amount due on the parking permit. Permits may be purchased on a monthly or daily basis. Departments may not issue temporary employees visitor permits. Parking assignments are based on space availability.

2.2.13 Employees of Government and Military Agencies: Individuals employed by the government or military agency, who are assigned to work at the University, are required to purchase faculty/staff parking permits in order to park on campus.

2.2.14 Employees of Non-University/Corporate Partners: These employees must display a valid parking permit in order to park on campus. Permits may be purchased for employees by the Non-University/Corporate Partner. Non-University/Corporate Partners may not purchase permits for employees who are students of the University. Student employees must purchase parking permits, as outlined in Section 2.3 (Student Parking Permits) of this policy. Payment for Employees of Non-University/Corporate Partner permits are not eligible for payroll deduction.

2.2.15 Adjunct Faculty: Adjunct faculty members must purchase a parking permit if they require parking on campus. Adjunct faculty members are not eligible for payroll deduction. They shall pay the full amount of the permit at the beginning of the academic year.

2.2.16 Contract Employees: Contract Employees must purchase a parking permit to park on campus. Departments may not issue contract employees visitor permits.

2.2.17 Employee parking permits are valid in the parking zone areas indicated as Faculty and Staff parking.

2.3 Student Parking Permits

2.3.1 Per North Carolina General Statute 16-44.1.d – No permit to park shall be issued until the student requesting the permit provides the name of the insurer, the policy number under which the student has financial responsibility and the student certifies that the motor vehicle is insured at the levels set in G.S. 20-279.1(11) or higher. This subsection applies to motor vehicles that are registered in other states as well as motor vehicles that are registered in this State pursuant to Chapter 20 of the General Statutes.

2.3.2 Eligibility:

2.3.2.1 Residential and commuter students are only eligible to receive parking per Section 2.3.3.

2.3.2.2 Students are not eligible to use visitor permits in lieu of purchasing a student parking permit.

2.3.2.3 Overnight parking is prohibited in commuter parking areas unless authorization has been granted by the Director of Police and Public Safety / Chief of Police or their designee.

2.3.2.4 Student permits are sold on an annual, semester, or summer session basis.

2.3.2.5 Student permits may be canceled and returned to the Department of Police and Public Safety's Parking Office. Refunds will not be issued for canceled or returned permits.

2.3.2.6 The Department of Police and Public Safety's Parking Office reserves the right to revoke parking permits if a student is found ineligible for parking even after a permit is issued.

2.3.3 Student Parking Permits: Eligible students may request parking permits that are applicable to their residence location or commuter status. Permits are issued based on availability.

2.3.4 Student parking permit types are valid in the parking zone area as indicated below:

2.3.4.1 Residential Students are permitted to park in the Resident Student parking lot assigned based on their housing assignment. Residential Students are prohibited from parking in all other Resident Student parking lots, as well as all other parking lots to include Commuter, Faculty/Staff, Reserved, and Visitor.

2.3.4.2 Commuter Students are permitted to park in any parking lot on campus designated as a Commuter parking lot. Commuter students are prohibited from parking in all other parking lots, to include Resident Student, Faculty/Staff, Reserved, and Visitor.

2.4 Visitor / Guest Parking

2.4.1 Visitor parking spaces will be available at designated locations throughout the campus.

2.4.2 Visitors shall only park in parking spaces designated as visitor parking during the hours of 7:00 am – 6:00 pm, Monday through Friday.

2.4.3 Visitors shall purchase a visitor parking permit from the Department of Police and Public Safety's Parking Office or at any pay-by-plate location.

2.4.4 Visitors shall not park in areas designated as reserved parking, student parking, or employee parking.

2.4.5 Employees, students, and non-university / corporate partners shall not park in parking spaces designated as visitor parking spaces.

2.4.6 Visitors shall not park in a visitor parking spaces without purchasing a visitor parking permit, either by pay-by-plate parking or from the Department of Police and Public Safety's Parking Office or shall not remain parked in a designated visitor parking space beyond the length of time authorized by the purchase.

2.4.7 The Director of Police & Public Safety / Chief of Police may restrict the use of visitor parking spaces and/or suspend visitor parking in designated visitor parking spaces when needed, such as to accommodate special events on campus.

2.5 Other Permits

2.5.1 Permits and Fees for Electric Vehicle Charging Stations:

2.5.1.1 Only electric vehicles are allowed to park in an Electronic Vehicle Charging Station parking space.

2.5.1.2 Parking in an Electronic Vehicle Charging Station parking space while disconnected will be subject to citation.

2.5.1.3 A vehicle parked in an Electronic Vehicle Charging Station parking space must be registered and display a valid employee, student, or reserved parking permit, or display a valid visitor parking permit, purchased either through a pay-by-plate parking or through the Department of Police and Public Safety's Parking Office.

2.5.1.4 The Department of Police and Public Safety's Parking Office reserves the right to implement a fee for the use of Electronic Vehicle Charging Stations.

2.5.2 Permits for Service Providers and Vendors

2.5.2.1 Companies delivering supplies and materials on campus are not required to purchase a parking permit if they have a visible company logo displayed on the vehicle and if the vehicles are parked in an unreserved parking space or designated Loading/Unloading space within the time limits of the space. Vehicles may not pull up on curbs, sidewalks, landscape areas, other no parking areas or block traffic.

2.5.2.2 Representatives, vendors, and service providers must purchase a parking permit or pay to park in visitor parking.

2.5.2.3 Public utility companies performing repairs or surveys of utility infrastructures are not required to purchase a parking permit but must notify the Department of Police and Public Safety's Parking Office in advance of any work done and must have a visible company logo on their vehicle. Vehicles parked in no-parking areas are subject to citations and fines.

2.5.3 Accessibility Parking

2.5.3.1 Any employee (including employees of non-university/corporate partners or employees of other entities located within the University) or student who, because of a short-term disability, requires a vehicle on campus, must apply for a parking permit to park in an accessible space. The individual is responsible for providing the Department of Police and Public Safety's Parking Office with all information required to process and review their request for an exception due to disability.

2.5.3.2 Student requests will be reviewed by Department of Police and Public Safety's Parking Office with assistance from the UNCP Accessibility Resource Center. All possibilities for accessible travel for the student shall be considered and a decision shall be made for the best alternative. A student may be issued an Accessibility (AH) permit if a need is documented requiring access to employee parking areas to attend classes. Temporary parking for up to 2 weeks can be requested, if more than 2 weeks is needed, a student must have a state-issued placard.

2.5.3.3 A current state-issued accessibility placard, together with a valid University-issued permit, is required for individuals to park in a designated accessible space on campus. Individuals must provide a copy of their state-issued disability placard to the Department of Police and Public Safety's Parking Office. Individuals who falsify or use another individual's state-issued disability placard for their personal use to park on campus are subject to citation and loss of parking privileges.

2.5.4 Board Members Permits

2.5.4.1 Specific-use permits are issued to serving members of the: Board of Trustees of the University; Board of Governors of The University of North Carolina; and other University affiliated boards, as specified by the Chancellor, through their designee(s).

2.5.4.2 Vehicles displaying these permits may park in any unreserved zoned space and in any service space.

2.6 Permit Costs

2.6.1 The Board of Trustees / Chancellor hereby directs the Director of Police & Public Safety / Chief of Police to collect parking fees for parking permits. The cost of each parking permit designation will be approved by the Chancellor.

2.7 Temporary Parking Privileges

2.7.1 Authorized permit holders who drive a temporary (i.e. rental or loaner, etc.) vehicle to campus may register that vehicle as their primary vehicle for the duration of time the vehicle is used to park on campus. A temporary vehicle must be registered before parking on campus and must be parked in the assigned parking area.

2.8 Affixing/Displaying the Permit

2.8.1 Where the vehicle license plate is used as the permit, the following guidelines must be used:

2.8.1.1 All vehicles must be parked with the rear of the vehicle facing the drive lane with a valid state issued license plate displayed on the rear bumper of the vehicle.

2.8.1.2 Vehicles are prohibited from being pulled through spaces or backed into a space, unless displaying a UNCP Department of Police and Public Safety Parking Office vanity plate with the numbers matching the license plate. Approved vanity plates may be purchased through the Department of Police and Public Safety Traffic Office. Vanity plates are not needed if the registered vehicle is licensed in a state requiring front and rear license plates.

2.8.2 Where a hang tag is used as the permit, the following guidelines must be used to display the permit:

2.8.2.1 Hang Tag permits must be placed on the rearview mirror so that the permit number faces out.

2.8.2.2 In vehicles without suspended mirrors, place permit number side up on lower left (driver) side of the dashboard.

2.8.3 A violation of this section (Improper Display of Permit) may result in a citation.

2.9 Permit Update / Replacement

2.9.1 Update: If a permit holder of a virtual permit needs to update the license plate numbers assigned to the permit, there will be no fee associated with the update.

2.9.2 Replacement: If a hang tag permit holder returns an identifiable portion of a physical hang tag permit, including the number of the permit and the permit is registered to that individual, they may receive a replacement hang tag permit for a fee.

2.9.3 Charges for Replacement of Physical Permits

2.9.3.1 If a permit has been damaged, lost or stolen, the person to whom the permit was registered may receive a replacement permit for a processing fee of $10.

2.9.3.2 A lost or stolen permit report must be filed with the Department of Police and Public Safety's Parking Office before replacement.

2.9.3.3 If a lost/stolen permit is found, it must be returned to the Department of Police and Public Safety's Parking Office.

2.10 Unlawful Transfer or Use on Unauthorized Vehicle

2.10.1 Parking permits and access control devices remain the property of the Department of Police and Public Safety's Parking Office and, as such, parking permits, replacement permits and access control devices may not be given, sold, or traded to another person. Parking permits and access control devices may only be displayed on the vehicle(s) to which they are registered.

2.10.2 Displaying and/or possession of a lost/stolen permit shall result in a fine, immobilization, loss of parking privileges for up to one year, restitution cost of the permit, loss of gate access and/or other judicial actions as applicable.

2.10.3 A violation of this section (Unlawful transfer or Use on an Unauthorized Vehicle) may result in a fine, loss of parking privileges for up to one year and/or restitution of said permit.

2.11 Forging, Counterfeiting or Altering of Permits

2.11.1 It is a violation to forge, counterfeit, or alter a parking permit or vanity plate in any manner, way, shape, or form.

2.11.2 A violation of this section (Forging, Counterfeiting, or Altering permits) shall result in a fine, loss of parking privileges for up to one year, restitution of the permit cost from the beginning of the academic year up through the recovery date of the counterfeit permit and/or other judicial actions as applicable.

2.12 Presenting False Information

2.12.1 It is a violation to present, attempt to present or conspire to present information that an individual would have reason to believe is false, to any employee or agent of the Department of Police and Public Safety's Parking Office to obtain a permanent or temporary parking permit, maintaining a parking permit, processing a petition/appeal or the purpose of deceiving any employee or agent.

2.12.2 Vehicles parked on campus must display a current valid state-issued license plate on the outside of the vehicle. Vehicles with obscured or blocked license plates or VIN numbers or vehicles with no license plates may be immobilized or towed.

2.12.3 A violation of this section (Presenting False Information) may result in a fine and/or loss of parking privileges for up to one year.

3. MOTOR DRIVEN CYCLES, MICROMOBILITY DEVICES AND LOW-SPEED DEVICES

3.1 Motorcycles/ Mopeds

3.1.1 Motorcycles and mopeds must have a valid motorcycle parking permit purchased from the Department of Police and Public Safety's Parking Office to park on campus and must park in a parking space within a parking lot designated for the appropriate parking designation (employee, commuter student, or residential student). Failure to register the vehicle may result in a citation; a motorcycle or moped deemed abandoned may be impounded.

3.1.2 Motorcycles and mopeds are prohibited from operating or parking on sidewalks, plazas, in pedestrian safety zones, and at bike racks.

3.1.3 Motorcycles and mopeds may not be parked or stored in a campus building.

3.1.4 Motorcycles and mopeds found in violation of this ordinance may be issued citations, fines, booted, and/or towed.

3.1.5 Motorcycles and mopeds are to be parked in designated parking spaces. Those deemed to be parked/stored in a manner that creates a safety issue or inhibits pedestrian movement may be impounded by the Department of Police and Public Safety.

3.2 Low Speed Vehicles (Gators, Kubotas, Mules, Golf Carts)

3.2.1 Authorized Use – Use and parking is limited to University departments and University contractors with a valid business need. Departments or contractors operating gators, mules or golf carts are expected to comply with all provisions of this document. Personally owned, unlicensed gators, mules or golf carts are prohibited from operating on university property. Any exceptions must be approved by Department of Police and Public Safety's Parking Office.

3.2.2 Valid Business Need – Defined as: transporting personnel, equipment and/or supplies for University purposes when other means are unavailable or problematic; or transporting employees, students, and/or guests with temporary or permanent disability-related needs.

3.2.3 Approved and Prohibited Areas – Low-speed vehicles, gators, mules and golf carts may travel on University roads, streets and in University parking lots. They may be operated on sidewalks provided that pedestrians have the right-of-way and vehicles are operated at speeds that do not endanger pedestrian safety. Persons failing to safely navigate these pedestrian areas are subject to fines/citations.

3.2.3.1 Additionally, these vehicles should not be operated on the grass except when necessary for a temporary detour. These vehicles may not be operated on streets or roads where the speed limit exceeds 35 miles per hour, except to cross such street or road.

3.2.4 Parking –Parking in a manner which would impede pedestrian traffic, vehicular traffic, block building entrances and/or exits, or in any other manner that would create a safety hazard is prohibited.

3.2.5 Operation – Low-speed vehicles must comply with G.S. 20-121.1.1 to drive on University streets. Operators shall operate low-speed vehicles, gators, mules, and golf carts in compliance with all applicable laws and University traffic and parking rules.

3.2.6 Impoundment – Violation of policies set forth in this ordinance, may result in citations, fees, device impoundment, and/or the device being towed.

4. PARKING REGULATIONS

4.1 Permit Enforcement

4.1.1 A valid parking permit is required to park in permit-designated areas during enforcement times.

4.1.2 Permit enforcement for any non-reserved space/area is between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday.

4.1.3 Parking enforcement for reserved spaces is twenty-four hours a day, seven days a week including University holidays and when the University is closed. At all times, the appropriate permit for the reserved space/area/lot must be displayed on the vehicle.

4.1.4 A vehicle may receive citations daily until violation(s) are corrected.

4.1.5 A violation of section 4.1 shall result in a fine and/or booting and/or towing.

4.2 Areas Receiving 24 Hour Enforcement

4.2.1 Street Access: Certain streets, lanes or curbs may be designated by Department of Police and Public Safety's Parking Office as fire lanes for other life safety reasons, such as high-rise building access, fire truck turning radius, ambulance access, etc. Vehicles parked in violation of this section and in violation of NCGS 20-162, are subject to 24-hour enforcement, which includes a fine and/or towing.

4.2.2 Accessibility Parking and Access areas to Accessibility Parking: Parking in a manner that blocks a curb cut, path and/or access point to an accessibility parking space will be a violation of this policy. Parking illegally in an accessible parking space or blocking access to such a space is subject to 24-hour enforcement. This includes a fine and/or booting and/or towing.

4.2.3 Reserved parking space violations will be enforced 24 hours a day.

4.2.4 Violations listed in section 5.1.2 may be enforced 24 hours a day.

4.3 Parking Restrictions

4.3.1 A vehicle must always be parked in the manner and direction indicated by the parking markings and within the confines of the parking space. In all spaces, vehicles must park “head-in” with the rear of the vehicle facing the drive lane and a valid state issued license plate displayed on the rear bumper of the vehicle. Vehicles that pull through or back into a space must display a front license plate.

4.3.2 No vehicle parked on campus shall:

4.3.2.1 be displayed for sale

4.3.2.2 have maintenance performed on it, including washing, greasing, or repairing the vehicle except in the case of repairs necessitated by an emergency, and only then if the vehicle is in a marked space and has been reported to Department of Police and Public Safety's Parking Office

4.3.2.3 be exempted from ticketing because a note has been left on the vehicle windshield or flashing lights have been left on

4.3.2.4 have a trailer attached to it when parked. Trailers may not park on campus without prior authorization from Department of Police and Public Safety's Parking Office

4.3.2.5 park in an unmarked or hatched area or encroach its wheels into another parking space

4.3.3 No Parking Areas: It shall be unlawful for any person to park a vehicle on the campus in any area or lot except in spaces marked or designated for parking. This includes drive lanes and driveways, intersections, landscape areas, bus stop/zone and blocking of any pedestrian route or accessible aisle or route.

4.3.4 A violation of this section shall result in a fine and the vehicle is subject to towing.

4.4 Pay-By-Plate Locations/Pay Stations/Pay Devices

4.4.1 Vehicles, which are required to be registered and display a parking permit (employee, student, non-university/corporate partner) may not park in designated pay-by-plate locations. Pay-by-plate locations are monitored by Parking Enforcement.

4.4.2 No person shall park a vehicle in a pay-by-plate location without making full payment for time. Payment for time parked in a pay-by-plate location must be paid at the time the vehicle parks in a space. No refunds are issued for unused time. Parking permits are not valid in pay-by-plate locations.

4.4.3 Parking fees in hourly pay-by-plate locations are charged for the initial sixty (60) minutes of parking and then any portion of an hour thereafter. Daily rates apply to vehicles parked continuously in a space for 7 hours or longer. Customers are responsible for entering the correct vehicle license plate number in pay-by-plate locations.

4.4.4 A violation of this section shall result in a fine.

4.5 Prohibited Use of Streets and Department of Police and Public Safety's Parking Office Facilities

4.5.1 It shall be unlawful for any person, firm, or corporation to use the streets, roadways, alleys, driveways, sidewalks, parking lots, or parking areas on the campus for:

4.5.1.1 Advertising any article, commodity, service, or event by sign, poster, drawing, or photograph, by crying out the same, or by using any loudspeaker, musical instrument, or noise-making device, without expressed, written permission of the University.

4.5.1.2 Selling or offering for sale any article, commodity, or service except by those persons, firms, or corporations who are official selling agencies of the University.

4.5.2 Any person or group who wishes to use campus streets or parking areas for any purpose other than normal academic or administrative activities must obtain authorization from the Director of Police and Public Safety / Chief of Police.

4.6 Abandoned Vehicles

4.6.1 The Director of Police & Public Safety / Chief of Police is hereby authorized to remove any vehicle that has been parked illegally for more than ten days or which is determined to be “derelict” under North Carolina General Statute 20-137.7 and dispose of such vehicles as prescribed by North Carolina General Statute 20-137.6 to 20-137.14.

4.7 Blocking Vehicles/Disabled Vehicles

4.7.1 It shall be unlawful to park a vehicle in such a manner to prevent another vehicle from movement.

4.7.1.1 Inoperable/disabled vehicles must be reported the Department of Police and Public Safety or the Department of Police and Public Safety's Parking Office.

4.7.1.2 Inoperable/disabled vehicles left standing in driveways, driving lanes, blocking vehicles or other no parking areas are subject to being towed and fined.

5. FINES AND FEES

5.1.1 The Director of Police & Public Safety / Chief of Police is hereby authorized to collect fines and fees in the amounts approved by the Board of Trustees / Chancellor for a violation of this Ordinance.

5.1.2 The following violations are enforced 24 hours a day, 7 days a week, 365 days a year:

5.1.2.1 Violations of Section 4.2.1 (Street access, fire lanes, etc.)

5.1.2.2 Violations of Section 4.2.2 (Accessibility (Handicap) Parking and Access to Accessibility Parking)

5.1.2.3 Reserved Parking Space violations

5.1.2.4 Reckless driving,

5.1.2.5 Stop Sign / Flashing Red Light violations

5.1.2.6 Failure to Obey Traffic Control Officer

5.1.2.7 Driving around barricades

5.1.2.8 Failure to Yield to Pedestrian

5.1.2.9 Unauthorized Use and/or Transfer of parking permit

5.1.2.10 Possess, Display, Allow to Display, and/or Create a Fraudulent parking permit

5.1.2.11 Driving / Parking in Non-Designated Areas (sidewalks, grass, loading / unloading zones, etc.)

5.1.2.12 Improper Parking (parking to encroach more than one parking space, blocking buildings, blocking dumpsters, etc.)

5.1.2.13 Littering

5.1.3 The following violations are enforced 7:00 am – 6:00 pm, Monday through Friday:

5.1.3.1 Failure to register vehicle

5.1.3.2 Improper Parking (parking in parking areas other than designated by their parking classification: employee, student, reserved)

5.1.4 The State of North Carolina considers a parking ticket a civil fine. Per the State statutes that govern parking fines, the Civil Penalty and Forfeiture Fund, UNCP must submit 80% of the amount collected to the State of North Carolina which gets allocated to the State Public School Fund for distribution by the State Board of Education. NC General Statutes – Chapter 115C, Article 31A – Civil Penalty and Forfeiture Fund

5.2 Towing

5.2.1 The Director of Police & Public Safety / Chief of Police is hereby authorized to have vehicles towed from the campus of the University for any violation of the following:

5.2.1.1 unauthorized parking

5.2.1.2 a violation of section 4.2.2 “unauthorized parking in an accessibility space”

5.2.1.3 parking in a no-parking area or fire lane

5.2.1.4 abandoned or stored vehicles

5.2.1.5 unauthorized parking in a reserved space and/or lot

5.2.1.6 a vehicle that has had an immobilization device placed on it and remains unclaimed after 36 hours.

5.2.1.7 upon evidence of tampering with a boot or threatening to remove a boot

5.2.1.8 unauthorized use of permit

5.2.1.9 vehicles that pose a health or safety risk to people, other vehicles, or facilities

5.2.2 In addition to any fine assessed for a violation of this Ordinance, the owner of a vehicle that is towed from the University is responsible for payment directly to the towing contractor of any towing and/or storage fee charged for such towing.

5.3 Vehicle Immobilization

5.3.1 Any vehicle parked in violation of this Ordinance or any parking regulation issued hereunder may be immobilized by use of a wheel boot. If a vehicle is not registered with Department of Police and Public Safety's Parking Office, it may be immobilized to obtain identification from the owner/operator.

5.3.2 The Director of Police & Public Safety / Chief of Police or designee may have vehicles immobilized for any of the following reasons:

5.3.2.1 Four (4) unpaid citations on a customer's account

5.3.2.2 Repeat offenders

5.3.2.3 To obtain identification from the owner/operator

5.3.2.4 Per section 5.6.3: vehicles that owe $275 or more in fines/fees

5.3.3 Wheel boots will only be removed by the Department of Police and Public Safety's Parking Office staff, upon payment of the boot removal fee and all outstanding fines. Vehicles are only released from immobilization Monday through Friday between 7 a.m. and 5 p.m., exclusive of University employee holidays.

5.3.4 Vehicles immobilized for longer than thirty-six (36) hours may be towed from the University. The owner or custodian of the vehicle shall be responsible for both the boot removal and towing fees, applicable storage fees and accumulated fines. A vehicle shall not be released until all fines and fees are paid.

5.4 Suspension of Parking Privileges

5.4.1 The Director of Police & Public Safety / Chief of Police or designee may, in addition to any other penalty, suspend the parking privileges of any individual found to violate the following:

5.4.1.1 unauthorized use of a physical or virtual permit

5.4.1.2 counterfeiting or altering of permits

5.4.1.3 presenting false information

5.4.1.4 chronic offender(s)

5.4.1.5 failure to settle outstanding fines and fees

5.4.1.6 destruction or damage to University property

5.4.2 Chronic offenders are subject to escalating punitive enforcement measures that include but are not limited to, booting of the vehicle on each subsequent violation, increasing boot removal fees, towing of vehicle on each subsequent violation, revocation of parking privileges and/or (as applicable) referral to the Office of Student Conduct. Employees may be referred to their appropriate administrator.

5.5 Payment of Fines, Fees and Charges

5.5.1 Payments due to Department of Police and Public Safety's Parking Office may be made in the following manners:

5.5.1.1 Valid one-party checks,

5.5.1.2 money orders,

5.5.1.3 payroll deductions (permanent employees only),

5.5.1.4 cash,

5.5.1.5 debit and credit cards.

5.6 Failure to Settle Fines, Fees and Charges

5.6.1 Failure to settle outstanding Department of Police and Public Safety's Parking Office fines, fees, and/or charges within the required time frame may result in the University's arranging for the collection of fees assessed against faculty, staff, students, and visitors in the following manner:

5.6.1.1 Penalties owed by employees of the University may be deducted from payroll checks.

5.6.1.2 Penalties owed by students shall be forwarded to the University Cashier for collection in the same manner that other debts owed to the University by students are collected.

5.6.1.3 Individuals whose fines are not collected through payroll deduction or by the University Cashier's Office shall be forwarded to the North Carolina Attorney General's Office.

5.6.2 Payments are expected for the following:

5.6.2.1 permit fees

5.6.2.2 parking violation fines

5.6.2.3 replacement of returned check

5.6.2.4 returned check charges

5.6.2.5 repairs to damaged property

5.6.2.6 boot removal fees and towing fees

5.6.2.7 imposed fines and fees

5.6.3 Vehicles that owe $275 or more in fines/fees may be immobilized using a wheel boot. As per 5.3.3, wheel boots will only be removed by Department of Police and Public Safety's Parking Office staff upon payment of the boot removal fee and all outstanding fines.

5.6.4 Permits may not be purchased or issued if unpaid fines or fees are outstanding for an individual or a vehicle being registered.

5.7 Appeals

5.7.1 Parking citations may be appealed within seven (7) calendar days of the date of the citation. Appeals must be filed in the Department of Police and Public Safety's Parking Office. All information requested on the appeal form must be provided to constitute a valid appeal. Only those appeals received during the seven (7) calendar day deadline shall be reviewed. Late or incomplete appeals shall not be reviewed and do not require a response. Appellants shall be notified by mail and/or e-mail of the decision to grant or deny their request.

5.7.2 Appeal Rulings: If the appeal is granted, no further action is necessary. If the appeal is denied, the appellant may submit a Request for an Appeal Board Hearing. Fine amounts must be paid before a Board Hearing request is accepted. Board Hearing requests must be received within seven (7) calendar days of the appeal decision. All information on the appeal form must be provided to constitute a valid Board Hearing Request.

5.7.3 Accepted Board Hearing Requests shall be presented before an Appeals Hearing Board. Each individual is permitted one continuance of their hearing. If the individual is unable to attend, a continuance must be requested at least 48 hours before the scheduled date/time. If the requesting individual does not attend the scheduled board hearing, the meeting shall occur in their absence. The board's decision may not be appealed or reviewed. The decision reached by the Appeals Board is final.

5.7.4 The Appeals Hearing Board shall hear and make decisions for all eligible Board Hearing Requests. The board's decision is based on information submitted by the individual requesting the board hearing, the citation, previous parking history, and these ordinances.

5.7.5 Appeals Hearing Board membership shall consist of the Director of Police & Public Safety / Chief of Police; two full-time students appointed by the Student Government Association, one faculty member appointed by the Faculty Senate, and one staff member appointed by the Staff Senate. A representative of the Department of Police and Public Safety's Parking Office attends each hearing to clarify any parking rules or regulations during the hearing.

5.7.6 Appeals Hearing Board Meetings: When additional hearings are necessary to process appeals, the Appeals Officer shall determine and if additional hearings are necessary to accommodate appeals, the appeal officer may add hearings.

5.7.7 Although active participation by legal counsel is not permitted, a third-party observer may be allowed. This observer may not actively participate during the hearing process. The appellant must inform the Appeals Officer at least 48 hours before their hearing date if they wish to have an observer present and the name of that individual.

6. TRAFFIC REGULATIONS

6.1 Traffic Control Signs and Devices

6.1.1 The Director of Police & Public Safety / Chief of Police is responsible for establishing and posting all traffic control signs and devices on campus to regulate vehicular operations and speeds for University streets, roads, parking lots, parking structures or anywhere vehicles may travel. These signs/devices may regulate vehicle direction, vehicle stopping or yielding, fire lanes, no parking areas, pedestrian crossings, or any other regulatory needs to direct or control the flow of vehicles.

6.2 Bicycle Lanes

6.2.1 A portion of roadway designated by signs and pavement marking for exclusive use by bicycles. Motor vehicles are not permitted to use bicycle lanes as travel lanes, parking, stopping, or standing.

6.3 Penalty for Violation of this Article

6.3.1 The penalty for violation of any regulation prescribed in 6.0 shall be a criminal penalty payable to the District Court consistent with General Statute Chapter 20.

Additional References:

• NCGS §116-44.4 Regulation of traffic and parking and registration of motor vehicles
• NCGS §20-219.11 Notice and probable cause hearing
• NCGS §20-137.7 - Motor Vehicle: Definitions