Lawriter - OAC - 3335-21-02 Definitions.

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.

.

(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