Chapter 3335-21 Traffic and Parking

3335-21-01 General provisions.

(A) Authority; repeal of previous rules and regulations. , This chapter governing traffic and parking upon the streets, roadways, property and grounds of the university, are enacted pursuant to authority vested in the board of trustees by Chapters 3335. and 3345 . All previous rules and regulations of the board pertaining to traffic and parking are hereby repealed.

(B) Application of rules; incorporation of state law. This chapter constitute a dual system of enforcement of traffic laws and rules . They are enforceable against faculty, staff, , employees, students and agents of the university, as well as visitors to the university. . Incorporated by reference into this chapter are all state laws, when applicable, which are enforceable against any person, including the above specified persons, in any court of competent jurisdiction, pursuant to the authority conferred upon the board of trustees by Chapters 3335. and 3345. . The authority granted to and the obligations of the university in this chapter may be exercised and performed by third parties or agents (including but not limited to the parking operator within its authority under the concession agreement) contracted on behalf of the university to perform such obligations, to the extent of the authority granted by the university under such contract.

(C) Certification and publication . The secretary of the board of trustees shall certify the passage of these and cause the same to be published for public distribution in a manner reasonably designed to come to the attention of, and be made available to all faculty, staff, employees, students, and visitors.

(D) Separability. If any part of a rule in this chapter is, for any reason, held to be invalid or unenforceable, such decision shall not affect the validity of any other rule or any other partof a rule not specifically held to be invalid or unenforceable.

Effective: 8/3/2012
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 3335.08
Prior Effective Dates: 3/13/78, 11/19/78, 3/4/79, 8/2/82, 7/1/03

3335-21-02 Definitions.

As used in this chapter, the following words and phrases shall , have the meanings respectively ascribed to them in this rule.

(A) The term "concession agreement" means the "long-term lease and concession agreement for the Ohio state university parking system" between the university and the parking operator.

(B) The term " curb loading zone" means a space adjacent to a curb, which is reserved for the exclusive use of vehicles during loading or unloading.

(C) The term " fees" means a sum extracted of faculty, staff, employees, students, visitors and agents for permits, keycards, parking meters, pay parking facilities, parking fines or services. Fees are established in accordance with schedule five of the concession agreement.

(D) The term ground means all lands belonging to the university or over which the university may have control.

(E) The term hospital and campus security officer" means an employee of the department of hospital safety and security or campus security who, when authorized , may perform one or more of the following duties:

(1) Direct, regulate or supervise traffic;

(2) Enforce all provisions of pertaining to parking; or

(3) Enforce for bicycles.

(F) The term "law enforcement officer" means a law enforcement officer of the university or any officer authorized to direct, regulate or supervise traffic or to issue citations or make arrests for violations of state traffic law.

(G) The term " loading zone" means a space or spaces adjacent to a building, which are designated for the exclusive use of vehicles during loading or unloading.

(H) The term " notice of violation" means a notice given by the university or the parking operator for a violation of any of the provisions of this chapter.

(I) The terms " park" and "parking" mean the standing of a vehicle, whether occupied or not, except while actually engaged in loading or unloading merchandise or passengers.

(J) The term "parking operator" shall have the same definition as the "operator" in the concession agreement. This includes any third parties or agents contracted on behalf of the parking operator to perform parking services. Notwithstanding anything in this chapter to the contrary, if at any time there is no parking operator or to the extent the parking operator is unable to perform its obligations under the concession agreement or has not been granted authority under the concession agreement, then the university shall have the authority granted to the parking operator hereunder.

(K) The term " public safety vehicle" means any of the following:

(1) Ambulances, including private ambulance companies under contract to the university or to a municipal corporation, township or county, and private ambulances and non-transport vehicles bearing license plates issued under section 4503.49 .

(2) Motor vehicles used by public law enforcement officers, traffic control officers, hospital and campus security officers, or other persons sworn to enforce the criminal and traffic laws of the state.

(3) Any motor vehicle when properly identified as required by the Ohio director of public safety, when used in response to fire emergency calls or to provide emergency medical service to ill or injured persons, and when operated by a duly qualified person who is a member of a volunteer rescue service or a volunteer fire department and who is on duty pursuant to the rules or directives of that service. The state fire marshal shall be designated by the Ohio director of public safety as the certifying agency for all public safety vehicles described in this paragraph.

(4) Vehicles used by fire departments, including motor vehicles when used by volunteer firefighters responding to emergency calls in the fire department service when identified as required by the Ohio director of public safety. Any vehicle used to transport or provide emergency medical service to an ill or injured person, when certified as a public safety vehicle, shall be considered a public safety vehicle when transporting an ill or injured person to a hospital regardless of whether such vehicle has already passed a hospital.

(5) Vehicles used by the commercial motor vehicle safety enforcement unit for the enforcement of orders and rules of the public utilities commission as specified in section 5503.34

(6) Any motorized or non-motorized vehicle used by the university's public safety department.

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(L) The term " right of way" means the right of a vehicle or pedestrian to proceed uninterruptedly in a lawful manner in the direction in which it or the individual is moving in preference to another vehicle or pedestrian approaching from a different direction into its or the individual's path

(M) The term " safty zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and protected or marked or indicated by adequate signs as to be plainly visible at all times

(N) The terms " stand" and "standing" mean the halting of a vehicle, whether occupied or not, other than for the purpose of and while actually engaged in receiving or discharging passengers.

(O) The term " statute" means any provision of state traffic law which is appropriately enforceable by law enforcement officers on university grounds and property.

(P) The term " stop" when required, means a complete cessation of movement.

(Q) The terms " stop" and "standing," when prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a law enforcement officer or traffic control sign or signal.

(R) The terms " street" or "highway" means the entire width between the boundary lines of every way open to the use of the public as a thoroughfare for purposes of vehicular travel

(S) The term " traffic control officer" means an employee of the Ohio state university authorized by the university to perform one or more of the following duties:

(1) Direct, regulate or supervise traffic;

(2) Investigate traffic accidents; or

(3) Enforce rules for bicycles, skateboards, roller skates, roller blades , coasters, and similar devices.

(T) The term " traffic control device" means all flaggers, signs, signals, markings and devices placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic including signs denoting the names of streets and highways .

(U) The term " traffic control signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop, to proceed, to change direction or not to change direction .

(V) The term " violation" means an act or omission in contravention of any of the provisions of this chapter and/or applicable state statutes.

(W) The term " "visitor means any person who is not either a faculty member, a staff member, an employee, a student, or a contractor, vendor or other agent of the university.

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

3335-21-03 Transportation and parking services.

(A) General functions. The university shall coordinate this chapter, develop ways and means to improve traffic conditions in conjunction with the department of public safety and carry out the specific functions set forth this chapter. The university will coordinate these functions with the parking operator as it deems necessary or desirable. Such specific functions include, but are not limited to, the following:

(1) Maintenance of a current journal of all official traffic control devices erected on university streets, roadways, property and grounds , indicating the location, and the date of erection;

(2) Regulation of the use of streets, roadways and bicycle paths by vehicles and pedestrians;

(3) Regulation of traffic by means of enforcement personnel of the university or the parking operator and traffic control devices or, when necessary, with the assistance of law enforcement officers of the university or other agencies, and hospital and campus security officers, on streets, roadways, property and grounds of the university on which traffic may be permitted;

(4) Regulation or prohibition of processions on the parts of streets, roadways, property and grounds of the university upon which traffic may be permitted;

(5) Designation of any street or roadway as a through street or roadway or a one-way street or roadway;

(6) Designation of an intersection as a stop intersection where all vehicles shall stop at one or more entrances to such intersection; and

(7) Regulation of the stopping, standing and parking of vehicles on streets, roadways, property and grounds of the university on which traffic may or may not be permitted.

(B) Installation of traffic devices. It shall be a function of the university to determine the installation and proper timing and maintenance of traffic control devices, to conduct engineering investigations of traffic conditions, to plan the operation of traffic on the streets, roadways, property and grounds of the university and to cooperate with other university officials in the development of ways and means to improve traffic conditions.

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

3335-21-04 Administration of violations.

The parking operator shall be responsible for the administrative processing of all parking tickets and otices of violations.

(A) Records of violations. The parking operator shall maintain records of all violations in accordance with the concession agreement.

(B) Investigation of accidents. Traffic control officers shall investigate noninjury related traffic accidents, which occur outside the public roadway, and shall request university police assistance, if needed for such accident investigations. Traffic control officers shall investigate other accidents at the request of the university police.

(C) Accident reports. University police shall maintain all accident reports taken on university property. Such reports shall be maintained and filed in a manner authorized by the chief of police.

(D) Emergency and experimental :

(1) The university is hereby authorized to make effective the provisions of university and to make and enforce experimental rules and regulations to cover emergencies or special conditions.

(2) The university may test traffic control devices under actual conditions of traffic.

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

3335-21-05 Enforcement generally.

(A) Authority of enforcement personnel.

(1) Law enforcement officers, traffic control officers, hospital and campus security officers and the parking operator shall enforce, to the extent authorized, university on university streets, roadways, property and grounds.

(2) The university police, hospital and campus security officers and traffic control officers are hereby authorized to direct all traffic by voice, hand, or signal in conformity with university , provided that in the event of a fire or emergency or to expedite traffic or to safeguard pedestrians, such officers may direct traffic as conditions may require, notwithstanding the provisions of this chapter.

(3) Officers of a fire department, when at the scene of a fire or other emergency, may direct or assist in directing traffic at the same place or in the immediate vicinity.

(4) Other staff employed by the university or public safety may, at times, assist with traffic direction.

(B) Obedience to enforcement personnel. No person shall willfully fail or refuse to comply with any lawful order or direction of a law enforcement officer, a fire department official, a traffic control officer, or a hospital and campus security officer .

(C) Application of to government vehicles. The provisions of this chapter shall apply to the driver of any vehicle owned by or used in the service of the United States government, the state of Ohio and its political subdivisions. No such driver shall violate or fail to comply with any of the provisions of , this chapter except as may be otherwise provided in this chapter or in state statutes.

(D) Assessments for violations. Any faculty member, staff member, student, employee, contractor, agent or visitor who violates or fails to comply with any of the provisions of this chapter is subject to an assessment established in accordance with the concession agreement or the university.

(E) Notice of parking violation. Whenever any vehicle is found parked or stopped in violation of any of the provisions of , this chapter the parking operator or authorized university employee finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously place on such vehicle or provide to the violator a notice of violation .

(F) Noncompliance with notice of parking violation. If a violator of any of the provisions of this chapter does not respond as specified on the notice of violation placed on a vehicle or provided to the violator within the specified period of time, the parking operator may send to the owner of the motor vehicle to which the notice pertains a letter or a copy of the notice of violation informing such owner of the violation and that the related assessment is to be paid. In addition, the parking operator may take whatever other enforcement action it is authorized to do under the concession agreement.

(G) Prima-facie liability for parking violations. In any action charging a violation of rules governing the stopping, standing or parking of a vehicle, there is a prima-facie presumption that the person who has registered such vehicle with the parking operator was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred. In the event that the vehicle is not registered with the parking operator, there is a prima-facie presumption that the registered owner of the vehicle was the person controlling, parking or otherwise using the vehicle and committing the violation.

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

3335-21-06 Registration of motor vehicles.

(A) Parking; registration and permit required. No faculty member, staff member, employee or student shall at any time park a motor vehicle on any street, roadway, property or grounds of the university without first registering such motor vehicle with the parking operator and obtaining a permit and displaying such permit on the registered vehicle, unless such vehicle is parked in a pay parking facility or a parking area not controlled by the parking operator. Visitors may not park a motor vehicle on any street, roadway, property or grounds of the university except at parking meters, in pay facilities or by first obtaining a permit and paying the prescribed fee. Contractors vendors and other agents shall follow the same registration procedures as faculty, staff and students.

(B) Application forms; fees. Registration of motor vehicles, as required in this chapter, shall be made using application for parking permit forms prescribed by the parking operator. Such application forms shall be accompanied by fees established in accordance with the concession agreement.

(C) Giving false information. No person shall give false information when registering a motor vehicle or applying for a permit as provided in this chapter. If such information is given by any person, the registration may be held to be invalid and the permit or decal issued may be revoked and such person giving such false information may be denied registration for a period of one calendar year .

(D) Permits generally. Parking permits shall be issued to applicants in accordance with the criteria and the fee paid for such issuance as established by the parking operator and the concession agreement. Registration is not considered complete until the valid permit or decal is appropriately displayed on the vehicle according to instructions on the back of the permit or decal or as otherwise published by the parking operator.

(E) Disability permits. Disability permits, allowing the holders thereof to park in areas other than those for which they already hold permits or in which they are already qualified to park under the rules of the parking operator, may be issued to students, faculty or staff. A university disability permit shall be issued to any individual who already has a valid state disability permit; the university permit will expire when the state permit expires. All vehicles parked in reserved disability spaces shall display the license number corresponding to the license number on the sign.

(1) Special parking locations and privileges for the handicapped shall be provided and designated by the university. Such locations shall be reasonably close to exits, entrances, elevators and garages.

(2) No person who is not handicapped or operating a motor vehicle to transport a handicapped person shall stop, stand or park any motor vehicle at special parking locations provided for the handicapped under this paragraph.

(F) Display of permits; transfer of vehicles. Permits, decals, or cards for the current period, are issued to a specific individual or department, and shall be displayed in a motor vehicle and used in accordance with the rules the parking operator.

(1) Permits - The parking operator shall be notified if new license plates are obtained.

(2) Decals - If a motor vehicle for which a permit has been issued is transferred, or windshield replaced, the decal shall be removed from the vehicle and the remnants presented to the parking operator for issuance of a new decal. If no such remnants are presented for replacement decals the applicant must show proof that the decal is unobtainable, and an affidavit shall be signed certifying that the previous decals have been destroyed and shall assume full responsibility for their unauthorized use if found in service. If the applicant cannot show proof that the decals are unobtainable, the issuance of decals shall be at the established fee for original registration.

(G) Unauthorized use of permit. Parking permits are not transferable to other individuals. Persons having registered vehicles and displaying a permit, may not allow their registered vehicle to be parked on campus by any person other than the registrant. The appropriate assessment shall be made for each violation. This shall not apply in lots not under the control of the parking operator or in pay facilities if the full parking fee is paid.

A violator of this paragraph shall for a first offense, receive a citation and be assessed the appropriate fee. A second violation will result in an assessment and may result in the loss of parking privileges for the remainder of the academic year.

(H) Defacing, reproduction of and use of revoked permits. No person shall deface, reproduce or use a parking permit, decal or sticker contrary to these regulations and no person shall use a permit, decal or sticker after the same has been revoked.

(I) Parking of unregistered vehicles. No person who is required to register a motor vehicle and display a parking permit, but who has not so registered, shall park such motor vehicle on any street, roadway, property or grounds of the university unless parked in a pay facility or at a paid parking meter. Whoever violates this section shall be charged the appropriate fee .

(J) Reserved parking areas. Certain parking areas, as established in accordance with the concession agreement, may be reserved at all times or at special times. If rules or relating to reservation are promulgated, they shall be effective upon the placement of signs giving notice of such reservation and limitation on parking areas so selected.

(K) Parking authority among campuses.

The university has delegated the authority to administer, regulate and enforce traffic and parking on each of the university's regional campuses to the dean/director of their campuses.

(L) Visitor parking. All visitors to the campus shall park in pay parking areas designated by the parking operator or display a valid visitor parking permit.

Effective: 8/3/2012
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 3335.08
Prior Effective Dates: 3/13/78, 11/19/78, 3/4/79, 4/20/81, 8/2/82, 7/1/03

3335-21-07 Impounding.

(A) Disabled vehicles obstructing traffic.

(1) University law enforcement officers or traffic control officers are hereby authorized to remove a vehicle from a street or roadway to the nearest place of safety when a vehicle upon a street or roadway is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is unable to provide for its custody or removal.

(2) When a vehicle, left unattended upon a street or roadway, has been removed, and the officer knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, the university shall immediately give or cause to be given notice to such owner of the facts of the removal, the reasons therefor, and the place to which such vehicle has been relocated.

(3) Whenever an officer removes a motor vehicle from a street or roadway under this rule and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give notice to the owner as hereinbefore provided, and if the vehicle is not returned to the owner within a period of thirty days, then the university shall immediately cause the vehicle to be turned over to the sheriff's department for disposition in accordance with state law applicable to abandoned vehicles. (See section 4513.60 of the Revised Code.)

(B) Other reasons for impounding. In addition to other powers of enforcement, each of the university and, to the extent the following occur within a parking area subject to the concession agreement, the parking operator is hereby authorized and directed to impound any vehicle and hold the same in custody, if such vehicle is:

(1) On a sidewalk;

(2) Within an intersection;

(3) On a crosswalk;

(4) Within thirty feet of, and upon the approach to, any flashing beacon, stop sign or traffic control device;

(5) In any area where such standing or parking would obstruct construction, traffic, or prevent university services from being conducted;

(6) Parked within ten feet of a fire hydrant;

(7) Parked in such a way as to block a driveway or a service entrance, create a hazard to public safety or impede construction or maintenance requirements;

(8) Parked in an area for which "No Parking--Tow-Away Area" or other restrictive signs or traffic control devices are erected;

(9) Subject to unpaid or unsettled notices of violation issued against it in the aggregate amount of one hundred fifty dollars or more; or

(10) An unauthorized vehicle parked in a space or area reserved for persons with disabilities.

(C) An unauthorized vehicle parked in a space or area reserved for persons with disabilities.

(D) Entering an impounded vehicle. A university law enforcement officer or traffic control officer has the right to enter an impounded vehicle if a lost, stolen, altered, reproduced, forged, or revoked permit is in use, or a state issued disability parking placard is displayed which is not assigned to the driver of said vehicle.

(E) Charges and assessments. Any vehicle impounded may be subject to towing and storage charges and all outstanding assessments as established in accordance with the concession agreement.

Replaces: 3335-21-07

Effective: 8/3/2012
Promulgated Under: 111.15
Statutory Authority: 3335
Rule Amplifies: 3335.08
Prior Effective Dates: 03/13/1978, 11/19/1978, 08/02/1982, 07/01/2003, 08/03/2012

3335-21-08 Assessments and disciplinary action.

(A) Option to pay assessment or appeal. Any person receiving a notice of violation of any of the provisions of this chapter for which payment of an assessment may be made to transportation and the parking operator shall have the option of paying such assessment within the time specified in the notice of violation at the office of the parking operator or filing an appeal for final disposition of the alleged violation in accordance with the appeals procedure as established by the parking operator.

(B) Payment of assessment. The payment of an assessment to the parking operator shall be deemed an acknowledgement of the violation of university rules and a breach of contract pursuant to any registration with the university, and the parking operator, upon accepting the prescribed assessment, shall issue a receipt to the violator acknowledging payment thereof

(C) Failure to pay assessments; revocation of privileges; collection of debt. If a person upon whom a notice of violation is served, or the owner of a vehicle upon which a notice of violation is placed, fails, within fifteen days after service of such notice, to pay the prescribed assessment or to request an appeal, as provided for in this chapter, or fails to pay the prescribed assessment as affirmed on appeal, the parking operator may initiate a procedure to enforce the regulations and obtain the assessment against any student, faculty member, staff member, employee or agent of the university or any visitor.

(D) Appeals. Any person upon whom or upon whose motor vehicle a notice of violation (citation) has been served may, within fifteen days of such service, elect to appeal such citation by filing an appeal. Parking violations shall be appealed to the parking operator. Appeals may be submitted in any manner acceptable to the parking operator. The appeal shall contain, among other things, the identification of the violation notice (citation) and any facts or circumstances relevant to the merits of the appeal. The parking operator shall judge the appeals in accordance with the concession agreement. Non-parking violations may be appealed in the manner prescribed by the university.

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

3335-21-09 Traffic control devices.

(A) Authority to install. The university shall place and maintain traffic control signs, signals and devices when and as required under this chapter to make effective the provisions of this chapter. The university may place and maintain such additional traffic control devices as may be deemed necessary to regulate traffic and parking under these regulations or under state law or to guide or warn traffic.

(B) Conformity with Ohio manual. All traffic control signs, signals and devices shall conform to the specifications of the "Ohio Manual of Uniform Traffic Control Devices." All traffic control devices so erected and not inconsistent with the provisions of state law or rules shall be official traffic control devices.

(C) Obedience to devices. No driver of a vehicle shall fail to obey the instructions of an official traffic control device applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a law enforcement officer, traffic control officer, hospital and campus security officer, or other public safety personnel subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.

(D) Signs required for enforcement. No provision of this chapter for which signs are required shall be enforced, and no assessment shall be made against an alleged violator if, at the time and place of the alleged violation, an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular rule does not state that signs are required, such shall be effective even though no signs are erected or in place.

(E) Interference with devices or signals. No person shall, without lawful authority from the university, attempt to or in fact alter, deface, injure, knock down or remove any official traffic control device or signal, or any inscription, shield or insignia thereon, or any other part thereof.

(F) One-way streets, roads and alleys. Whenever the university designates a street, roadway or alley as one-way, signs giving notice thereof shall be placed and maintained. No such rule shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.

(G) Restriction on direction during certain periods. The university is hereby authorized to determine and designate streets and roadways, parts of streets and roadways or specific lanes thereon upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day, and shall either position law enforcement officers, hospital and campus security officers, or traffic control officers, or place and maintain appropriate markings, signs, barriers or other devices to give notice thereof The university may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the street and roadway.

(H) Markers, buttons and signs regulating turns. The university is hereby authorized to place markers, buttons or signs within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections. Such course to be traveled as so indicated may conform to or be other than as prescribed by state statute or rules.

(I) Additional turning restrictions. The university is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left or "U" turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted.

(J) Regulation of speed. The university is hereby authorized to regulate the timing of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the vicinity or at intersections and shall erect appropriate signs giving notice thereof

(K) Bus stops and taxicab stands. The university shall establish bus stops, bus stands, taxicab stands and stands for other passenger common-carrier motor vehicles on streets and roadways in such places that provide adequate accessibility and safety to the public. Every such bus stop, bus stand, taxicab stand or other stand shall be designated by appropriate signs.

(L) Loading zones. The university is hereby authorized to determine the location of passenger and freight curb loading zones and shall place and maintain appropriate signs indicating the same and stating the hours during which they may be lawfully used.

Replaces: 3335-21-11

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

3335-21-10 Pedestrians.

(A) Rights and duties generally. Pedestrians shall be subject to the traffic control signals provided for in paragraphs (E) and (F) of 3335-21-11 of , but at all other places pedestrians shall be granted those rights and be subject to the restrictions stated in this chapter or in state statute.

(B) Right of way in crosswalks; overtaking stopped vehicles.

(1) When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right of way, slowing down or stopping if necessary to so yield, to a pedestrian crossing the street or roadway within a crosswalk when the pedestrian is upon the half of the street or roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the street or roadway as to be in danger.

(2) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.

(3) Whenever a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection to permit a pedestrian to cross the street or roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

(C) Crossing streets and roadways. No pedestrian shall cross a street or roadway at any place other than by a route at right angles to the curb or by the shortest route to the opposite curb, except in a crosswalk.

(D) Right of way of motorists.

(1) Every pedestrian crossing a street or roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the street or roadway.

(2) Any pedestrian crossing a street or roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all traffic upon the street or roadway .

(E) Soliciting rides or business from motorists.

(1) No person shall stand in a street or roadway for the purpose of soliciting a ride, employment or business from the occupant of a vehicle.

(2) No person shall stand on or in proximity to a street, roadway or parking area for the purpose of soliciting a sale or the watching or guarding of a vehicle while such vehicle is parked or about to be parked on a street, roadway or parking area.

(F) Responsibility of drivers. Notwithstanding the provisions of these rules, every driver of a vehicle shall exercise due care to avoid colliding with a pedestrian upon a street or roadway, shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing a child or a confused or incapacitated person upon a street or roadway.

Replaces: 3335-21-12

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

3335-21-11 Operations generally.

(A) Passing of buses. A vehicle may pass a bus receiving or discharging passengers only when:

(1) The bus is receiving or discharging passengers at a bus stop where a recess allows the bus to be located off the main roadway.

(2) The roadway has been marked to provide two or more lanes of traffic in the same direction.

(3) The driver of a vehicle overtaking and passing upon the left side of a bus that has stopped for the purpose of receiving or discharging passengers, when such overtaking and passing is permitted, may proceed only upon exercising due caution for pedestrians.

(B) Obedience to markers, buttons and signs regulating turns. When authorized markers, buttons or other indications are placed within an intersection indicating the course to be traveled by vehicles turning at the same place, no driver of a vehicle shall disobey the directions of such indications.

(C) Obedience to markings, signs, etc. regulating direction of travel. When markings, signs, barriers or other devices are placed to designate streets, roadways or parts thereof upon which vehicular traffic shall proceed in one direction only during one period of the day, no person shall operate a vehicle in a manner contrary to the direction of such markings, signs, barriers or other devices.

(D) Obedience to stop signs.

(1) Except when directed to proceed by a law enforcement officer, a traffic control officer, or a hospital and campus security officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, or if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting street or roadway where the driver has a view of approaching traffic on the intersecting street or roadway before entering it.

(2) After having stopped, the driver shall yield the right of way to any vehicle in the intersection or approaching on another street or roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of streets or roadways.

(E) Obedience to yield signs.

(1) The driver of a vehicle approaching a yield sign shall slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, or if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting street or roadway where the driver has a view of approaching traffic on the intersecting street or roadway before entering it.

(2) After slowing or stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching on another street or roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of streets or roadways. Whenever a driver is involved in a collision with a vehicle in the intersection or junction of streets or roadways, after driving past a yield sign without stopping, the collision shall be prima-facie evidence of the driver's failure to yield the right of way.

(F) Blocking intersections. No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he or she is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.

(G) Damaging curbs, sidewalks or traffic control devices. Any person having charge of a vehicle who drives into or against any curbing, sidewalk or traffic control device along a street or roadway, thereby cracking, breaking or otherwise injuring the same, and any person who cracks, breaks or otherwise injures or defaces the same in any manner, shall be responsible for the repair or replacement of the damaged curb, sidewalk or traffic control device.

(H) Driving through or around gate arms. No person shall drive a vehicle through, under or around a gate arm while such arm is in the guarded position.

(I) Failure to control. No person shall operate a motor vehicle or motorcycle upon a street or roadway or on any public or private property other than streets or roadways without exercising reasonable and ordinary control over such vehicle.

(J) Speed; assured clear distance.

(1) Speed limits. The speed limit on university streets or roadways shall be twenty-five miles per hour or as posted by official traffic control devices placed by transportation and parking services upon the basis of engineering and traffic investigations.

(2) Slow speed. No person shall operate a vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or to comply with law.

(3) Assured clear distance. No person shall operate a motor vehicle in and upon a street or roadway at a speed greater or less than is reasonable or proper, having due regard for the traffic on and the surface and width of the street or roadway and any other condition, and no person shall drive any motor vehicle in and upon a street or roadway at a greater speed than will permit him or her to bring it to a stop within the assured clear distance ahead.

(K) Reckless operation on streets, public or private property. No person shall operate a vehicle on any street or roadway in willful or wanton disregard for the safety of persons or property.

Replaces: 3335-21-11

Effective: 8/3/2012
Promulgated Under: 111.15
Statutory Authority: 3335
Rule Amplifies: 3335.08
Prior Effective Dates: 03/13/1978, 11/19/1978, 08/02/1982, 07/01/2003, 08/03/2012

3335-21-12 Emergency and public safety vehicles.

(A) Privileges of drivers. The driver of an authorized emergency vehicle or public safety vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire or other emergency alarm, may exercise the privileges set forth in this chapter, but subject to the conditions herein stated. The driver of an authorized emergency vehicle or public safety vehicle may:

(1) Park or stand, irrespective of the provisions of this chapter;

(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

(3) Exceed the maximum speed limits so long as he or she does not endanger life or property; and

(4) Disregard rules governing direction of movement or turning in specified directions.

(B) Operation of vehicles on approach of authorized emergency or public safety vehicles. The exemptions herein granted to an authorized emergency vehicle or public safety vehicle shall apply only when the driver of any such vehicle, while in motion, sounds an audible signal by bell, siren or exhaust whistle, as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying authorized emergency light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle, except that an authorized emergency vehicle or public safety vehicle operated as a police vehicle need not be equipped with or display an authorized emergency light visible from in front of the vehicle.

(C) Driver's responsibility. The foregoing provisions shall not relieve the driver of an authorized emergency vehicle or public safety vehicle from the duty to drive with due regard for the safety of all persons using a street or roadway, nor shall such provisions protect the driver from the consequences of his or her reckless disregard for the safety of others.

(D) Vehicles approaching emergency vehicles.

(1) Upon the immediate approach of an authorized emergency vehicle or public safety vehicle making use of audible and visual signals meeting the requirements of this chapter and/or state law, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right edge or curb of the street or roadway, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a law enforcement officer, hospital and campus security officer or traffic control officer.

(2) Paragraph (D)(1) of this rule shall not operate to relieve the driver of an authorized emergency vehicle or public safety vehicle from the duty to drive with due regard for the safety of all persons using the street or roadway.

(E) Following emergency or public safety vehicles. The driver of a vehicle, other than an emergency vehicle or a public safety vehicle on official business, shall not follow an emergency vehicle or a public safety vehicle, traveling in response to a fire alarm, closer than five hundred feet, or drive into or park such vehicle within the block where the fire apparatus has stopped in answer to a fire alarm, unless directed to do so by a law enforcement officer, traffic control officer, hospital and campus security officer or firefighter.

Replaces: 3335-21-16

Effective: 9/23/2012
Promulgated Under: 111.15
Statutory Authority: 111/15
Rule Amplifies: 3335.08
Prior Effective Dates: 3/13/78, 11/19/78, 8/2/82, 7/1/03

3335-21-13 Bicycles, motorized bicycles and toy vehicles.

(A) Application of to bicycles. The provisions of this chapter that are applicable to bicycles shall apply whenever a bicycle is operated upon a street or roadway or upon a path set aside for the exclusive use of bicycles, subject to the exceptions stated in this .

(1) Every person riding a bicycle upon a street or roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle governed by , this chapter except for special rules and except for those provisions of this chapter which by their nature can have no application.

(2) Any person operating a bicycle shall obey the instructions of official traffic control signals, signs and other control devices applicable to vehicles or pedestrians, unless otherwise directed by a law enforcement officer, traffic control officer, hospital and campus security officer, or public safety .

(3) Whenever authorized signs are erected indicating that no right, left or "U" turn is permitted, no person operating a bicycle shall disobey the directions of any such sign, except where such person dismounts from the bicycle to make any such turn, in which event such person shall then obey the applicable to pedestrians.

(B) Registration:

A person riding or propelling a bicycle upon university property, grounds, streets or roadways, or parking such bicycle upon university property, should register such bicycle with the department of public safety.

(C) Riding on streets, roadways, bicycle paths and grounds.

(1) Every person operating a bicycle upon a street or roadway shall ride as near to the right side of the street or roadway as practical, exercising due care when passing a standing vehicle or one proceeding in the same direction.

(2) Every person operating a bicycle upon university streets, roadways, bicycle paths or grounds shall at all times operate such bicycle with due regard to his or her own safety and the safety of other persons legally upon such streets, roadways, bicycle paths or grounds.

(3) Every person operating a bicycle upon university streets, roadways, bicycle paths or grounds shall yield the right of way to pedestrians on crosswalks and sidewalks.

(4) Every person operating a bicycle upon a bicycle pathway shall yield the right of way at designated yield signs or markings.

(5) Every person operating a bicycle upon university property or grounds shall be restricted to bicycle paths in those areas of the campus where such paths exist.

(6) Wherever a usable path for bicycles has been provided adjacent to a street or roadway, bicycle riders shall use such path and shall not use the street or roadway.

(D) Parking. No person shall park a bicycle other than in a bicycle rack or designated bicycle parking area.

(E) Signage.

The university is hereby authorized to erect signs on any sidewalk, street or roadway prohibiting the riding of bicycles thereon by any person and when such signs are in place no person shall disobey the same.

(F) Use of kateboards, roller skates, roller blades, coasters, or similar devices. Persons using skateboards, roller skates, roller blades, coasters, or any similar device on university premises are limited to riding upon sidewalks and crosswalks and must yield the right of way to pedestrians, bicyclists, and motorists. The use of skateboards, roller skates, roller blades, coasters, or any similar device is prohibited in all other areas, including without limitation, upon roadways or bicycle paths; inside any university building; in any parking lot, garage, or construction area; or upon site furniture, architectural elements, walls, steps, ramps, or site improvements.

(G) Notices of violation. The operator of a bicycle in violation of any of the provisions of this chapter may be issued a notice of violation by a law enforcement officer or a hospital and campus security officer of the university.

(H) Impounding of bicycles, skateboards, roller skates, roller blades, coasters or similar devices. Any bicycle, skateboard, roller skate, roller blade, coaster, or similar device used in violation of any of the provisions of this chapter may be impounded by and held in the custody of university or the parking operator until there is final disposition of all issued notices of violation. Any impounded bicycle, skateboard, roller skate, roller blade, coaster, or similar device held in custody by the university or parking operator for longer than ninety consecutive days may be disposed of through an approved university process. A bicycle, skateboard, roller skate, roller blade, coaster, or similar device that the university or the parking operator has determined has been abandoned may be impounded by the university or the parking operator after it has been tagged for removal.

Replaces: 3335-21-18

Effective: 8/3/2012
Promulgated Under: 111.15
Statutory Authority: 111.15
Rule Amplifies: 3335.08
Prior Effective Dates: 3/13/78, 11/19/78, 8/2/82, 10/18/99, 7/1/03

3335-21-14 Parking generally.

(A) General prohibition. No person shall stop, stand or park a vehicle on the streets, roadways, property and grounds of the university except in areas and at the times and under the conditions specified this chapter or by signs posted by order of the university or the parking operator.

(B) Curbside parking. Except as otherwise provided in this chapter, every vehicle stopped or parked upon a two-way street or roadway where there are adjacent curbs shall be so stopped or parked with the right-hand wheels of such vehicle parallel to and within twelve inches of the right-hand curb.

(C) Angle and parallel parking.

(1) On those streets, roadways or parking areas which have been signed or marked by the parking operator for angle or parallel parking, no person shall park or stand a vehicle other than at the angle or position indicated by such signs or markings.

(2) No person shall park or stand a vehicle in a parking space so that any part of such vehicle occupies more than one such space or protrudes beyond the markings designating such space.

(3) No person shall park or stand a vehicle in a parking space in violation of posted signs designating "Head In Parking Only."

(D) Stopping, standing or parking prohibited in specified places. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with state statute or or the directions of a law enforcement officer or traffic control device , in any of the following places:

(1) On a sidewalk, except a bicycle;

(2) In front of a public or private driveway;

(3) Within an intersection;

(4) Within ten feet of a fire hydrant;

(5) On a crosswalk;

(6) Within twenty feet of a crosswalk at an intersection;

(7) Within thirty feet of, and upon the approach to, any flashing beacon, stop sign or traffic control device;

(8) Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the entrance to any fire station, within seventy-five feet of the entrance when it is properly posted with signs;

(9) Within twenty feet of a driveway entrance to any fire station and, on the side of the street or roadway opposite the entrance to any fire station, within seventy-five feet of the entrance when it is properly posted with signs;

(10) Alongside or opposite any street or roadway excavation or obstruction when stopping, standing or parking would obstruct traffic;

(11) Alongside any vehicle stopped or parked at the edge or curb of a street or roadway;

(12) Upon any bridge or other elevated structure upon a street or roadway or within a street or roadway tunnel;

(13) Within one foot of another parked vehicle;

(14) At any place where signs prohibit stopping;

(15) On any lawn, grass or landscaped area;

(16) In any area, zone or parking space to which access, or in which parking, is prohibited by the placement of barricades authorized by the department; or

(17) Along painted yellow curbs.

(E) Obstruction of traffic. No person shall park a vehicle upon a street or roadway, other than an alley, in such manner or under such conditions as to leave available less than ten feet of the width of the street or roadway for free movement of vehicular traffic.

(F) Parking in alleys. No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten feet of the width of the alley for the free movement of vehicular traffic, and no person shall stop, stand or park a vehicle within an alley in such a position as to block the driveway entrance to any abutting property.

(G) Overnight parking. No person shall park a vehicle on a street or roadway between the hours of three a.m. and five a.m. of any day without a proper permit, except authorized emergency and public safety vehicles and vehicles assigned disability parking spaces.

(H) Parking for sale or service. No person shall park a vehicle upon a street or roadway for the principal purpose of:

(1) Displaying such vehicle for sale; or

(2) Washing, greasing or repairing such vehicle, except repairs necessitated by an emergency.

(I) Parking on narrow streets or roadways.

(1) The university is hereby authorized to erect signs prohibiting parking upon a street or roadway when the width of the street or roadway does not exceed twenty feet, or upon one side of a street or roadway, as indicated by such signs, when the width of the street or roadway does not exceed thirty feet.

(2) When official signs prohibiting parking are erected upon streets or roadways, no person shall park a vehicle upon any such street or roadway in violation of any such sign.

(J) Standing or parking on one-way streets or roadways.

(1) The university is hereby authorized to erect signs upon the left-hand side of a one-way street or roadway to prohibit the standing or parking of vehicles. When such signs are in place, no person shall stand or park a vehicle upon such left-hand side in violation of any such sign.

(2) If a roadway includes two or more separate streets and traffic is restricted to one direction upon any such street, no person shall stand or park a vehicle upon the left-hand side of such one-way street unless signs are erected to permit such standing or parking. The department is hereby authorized to determine when standing or parking may be permitted upon the left-hand side of any such one-way street and to erect signs giving notice thereof.

(K) Stopping, standing or parking in hazardous congested places.

(1) The university is hereby authorized to determine and designate by proper signs places not exceeding one hundred feet in length in which the stopping, standing or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.

(2) When official signs are erected at hazardous or congested places, as authorized, no person shall stop, stand or park a vehicle in any such designated place.

(L) Loading zones.

(1) Passenger curb loading zones. No person shall stop, stand or park a vehicle for any purpose or period of time, other than for the expeditious loading or unloading of passengers, in any place marked as a passenger curb loading zone during hours when the applicable to such zone are in effect, and then only for a period not to exceed three minutes unless otherwise marked.

(2) Freight loading zones. No person shall stop, stand or park a vehicle for any purpose or length of time, other than for the expeditious unloading and delivery or pickup and loading of materials, in any place marked as a freight loading zone during hours when the applicable to such zone are in effect, and then only for a period not to exceed the posted time limit.

(M) Bus stops and taxicab stands.

(1) The operator of a bus shall not stand or park such vehicle upon a street or roadway at any place other than a bus stop so designated as provided in this chapter.

(2) The operator of a bus shall not stop such vehicle upon a street or roadway at any place for the purpose of loading or unloading passengers or their baggage other than at a bus stop, bus stand or passenger loading zone so designated as provided in this chapter, except in an emergency.

(3) The operator of a bus shall enter a bus stop, bus stand or passenger loading zone on a street or roadway in such a manner that the bus, when stopped to load or unload passengers or baggage, shall be in a position, with the right front wheel of such vehicle not farther than eighteen inches from the curb and the bus approximately parallel to the curb, so as not to unduly impede the movement of other vehicular traffic.

(4) The operator of a taxicab shall not stand or park such vehicle upon any street or roadway at any place other than in a taxicab stand so designated as provided in this chapter. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking at any place for the purpose of and while actually engaged in the expeditious loading and/or unloading of passengers.

(5) No person shall stop, stand or park a vehicle other than a bus in a bus stop or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such zone.

(N) Moving of vehicle. No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such distance as is prohibited by this chapter.

Replaces: 3335-21-19

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

3335-21-15 Stopping, standing or parking permitted, restricted or prohibited on certain streets, roadways and parking areas.

(A) not exclusive. The provisions of this rule imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting parking in specified places or at specified times.

(B) Parking prohibited. Parking is prohibited at all times on certain streets and roadways. When signs are erected by the university giving notice thereof, no person shall park a vehicle at any time upon any street or roadway that is signposted.

(C) Parking limited time. Parking time may be limited on certain streets and roadways. The university of the parking operator, in accordance with the concession agreement is hereby authorized to establish limited time parking on certain streets and roadways by posting signs giving notice thereof.

(a)

(1) Pay-parking facilities. Certain parking areas may be designated as pay-parking facilities, and a schedule of fees for such parking shall be established by the university or the parking operator, in accordance with the concession agreement. Parking in such areas may be open to all persons or limited by rule of the parking operator. No person parking in a pay facility shall refuse to pay the prescribed fee.

(2) Signs. Whenever the university or the parking operator provides by rule that any area shall be limited to certain parking, such rule shall be effective when proper signs, giving notice that parking is limited to certain persons or times, have been erected in the area or when law enforcement officers or parking personnel are present and are directing parking and traffic thereto and therefrom.

(D) Parking meter zones.

(1) The parking operator is hereby authorized to install parking meters in accordance with the concession agreement to regulate short-term parking within parking areas or upon those streets and roadways or parts of streets and roadways where it is determined that the installation of parking meters is necessary to aid in the regulation and control of parking vehicles.

(2) No person shall park a vehicle in any parking space to which a parking meter has been installed during the restricted and regulated time applicable to the parking meter unless parking fee has been paid.

(3) All individuals who are parking a vehicle in a pay and display lot must display, on the dashboard of their vehicle, a valid parking voucher purchased at the nearest pay and display machine.

(E) Unattended vehicles; duty to lock ignition, remove key, set brake, etc. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the parking brake and, when the motor vehicle is standing upon any grade, turning the front wheels to the curb or side of the highway or roadway.

The requirements of this paragraph relating to the stopping of the engine, locking of the ignition and removing the key from the ignition of a motor vehicle shall not apply to an emergency vehicle or a public safety vehicle .

Replaces: 3335-21-20

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