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Effective: 9/1/1963 |
Revised: 3/1/2019 |
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PDP 207–01: ASU
Campus Transportation Code |
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Purpose
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To regulate the operation of nonpedestrian devices and vehicles
on the ASU campuses
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Sources
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Arizona Revised Statutes §
15–1627
University president
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Policy
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1. General
A. Authority
- By authority of Arizona Revised Statutes §
15-1627, as amended, the president of Arizona State University
adopts the following rules and regulations to promote an
environment that is conducive to the mission of the university. The
Arizona State University Campus Transportation Code,
hereafter referred to as the Code, is designed to meet the specific
needs of the ASU campuses.
- Authorized entry to university property is contingent upon
voluntary agreement to observe all university rules and state laws.
Hence, the Code applies to any person on university property.
Unauthorized entry to university property may be a violation of
Arizona Revised Statutes Title 13, the state criminal code,
and may result in criminal prosecution (see Arizona Revised
Statutes 13-1502, Arizona Revised Statutes 13-2905, and
Arizona Revised Statutes 13-2911, relating to trespassing,
loitering on university property and compliance with the rules of
an educational institution, respectively). It is the responsibility
of each person who operates a vehicle or nonpedestrian device on
university property to have read and understood the Code.
Accordingly, lack of knowledge of the Code will not be accepted as
grounds for dismissal of any citation.
- The chief of the ASU Police Department (ASU PD) or the director
of Parking and Transit Services (PTS), as appropriate, may exercise
discretion to address circumstances not covered in the
Code.
B. Scope
- ASU campuses have been designed primarily to
accommodate pedestrians and emergency personnel. However, operation
of a nonpedestrian device or vehicle is authorized under certain
conditions described herein. The Code shall apply to the conduct of
authorized drivers only, except as indicated in Section 8-A, “Right of Way,” which
governs the conduct of pedestrians in the proximity of emergency
personnel.
- The Code and the ASU policies are separate and distinct policies of the
university. Either or all may be applied to a situation, at the
discretion of an enforcement officer.
- The Code shall not apply to the transit-related conduct of a
police officer during the course of duty.
2. Guiding Principles
- Safety and courtesy are the operative elements of the Code.
Operation of a nonpedestrian device or vehicle on university
property is a privilege granted by the university on the condition
such operation adheres to all university safety requirements and
exhibits, displays, or manifests courtesy for all.
- Operation of any nonpedestrian device or vehicle in an unsafe
or discourteous manner is prohibited, subject to the sanctions
herein.
- Those unwilling or unable to observe these principles are not
authorized to use a nonpedestrian device or vehicle on university
property.
3. Important Definitions
The following definitions have been adopted for the purposes of
the Code. Other definitions relevant to the Code may be found in
Section 18,
“Definitions.”
“Safe” means free of hazard.
“Courtesy” means behavior toward another that is
marked by civility, respect, attention, consideration, cooperation,
or generosity.
“Hazard” means a condition or circumstance involving
the chance of injury or death.
“Hoverboard” means a self-balancing two-wheeled board, or self-balancing electric scooter, also commonly referred to as a hoverboard, a type of portable, rechargeable battery-powered scooter. They typically consist of two wheels arranged side-by-side, with two small platforms between the wheels, on which the rider stands.
“Pedestrian” means a person whose mode of transit is
ambulation or who is defined as a pedestrian under the Americans
with Disabilities Act. Examples include a person walking or using a
wheelchair, self-propelled wheelchair, or handicap scooter. A
service animal, as distinguished from a work animal or pet,
employed by a person with a disability, is granted the status of
pedestrian for the purposes of the Code.
"Authorized Driver" means an ASU employee or volunteer who is required in the course and scope of employment or volunteer activity to drive an ASU vehicle for official business purposes, and meets the following requirements:
- has a valid U.S. driver's license;
- has completed and is current with required training;
- has a driving record in good standing (< 6 points);
- and has submitted a Driver's Authorization Form to Human Resources.
“Nonpedestrian device” means:
- any device, apparatus,
or contrivance operated as a means of transit and propelled solely
by human power. Examples include a bicycle, tricycle, pedal cart,
velocipede, water board, roller skate, in-line skate, skateboard,
and scooter.
- An electric personal mobility device that has an electric propulsion system, such as the “Segway®” or electric scooter, that is designed to transport only one person either sitting or standing on the device and to which use shall be limited to university posted speed limits while on campus
“Vehicle”, for the purposes of this policy, includes any automobile owned, leased or rented by ASU, any cart owned, leased or rented by ASU, and any other motorized vehicle driven on public roads or on ASU Campus Malls.
“Walk-Only Zones” means the designated areas that wheeled vehicles are prohibited Monday through Friday between 8:00 a.m. and 4:00 p.m. Except as otherwise provided in this policy, during enforcement times, no one may ride, drive, or park wheeled vehicles in “Walk-Only Zones.”
Note: |
The “Walk-Only Zones” are not intended to limit or redirect use of mobility devices by individuals with disabilities. |
“Wheeled Vehicles” (with the exception of the use of mobility devices by individuals with disabilities) means all motorized and wheeled vehicles, including:
- bicycles (traditional and motorized)
- delivery/maintenance and landscaping cars, trucks, and carts
- electric carts
- inline and roller skates
- scooters
- Segway® personal mobility devices or transporters
- skateboards
and/or
- hoverboards.
4. Conditions for
Authorized Operation
Authorization by the university to operate a nonpedestrian
device or vehicle on the campus is granted to a person who observes
all of the following conditions:
- An authorized driver may operate a nonpedestrian device or vehicle if
and only if such operation is safe and courteous.
- An authorized driver may operate a nonpedestrian device or vehicle on a
traveled way of the campus if and only if all rules controlling
such operation are observed. Traffic control devices, including
designated areas, zones, signage, and signals, are part of the
rules controlling operation of nonpedestrian devices and vehicles
and must be observed.
- An authorized driver may use a traveled way or campus street only for
the purpose of simple transit (see
Section 18,
“Definitions”).
- An authorized driver must immediately comply with any instruction
relevant to the operation of a nonpedestrian device or vehicle
issued by an enforcement officer pursuant to enforcement of the
Code.
- An authorized driver of a vehicle must possess a valid United States driver’s
license.
- An authorized driver of a vehicle owned by the university shall have
completed required training prior to using any traveled way of
the campus.
- An authorized driver of a vehicle not owned by the university shall
properly display a temporary or permanent Mall Access Permit,
issued by PTS, or be otherwise authorized by the campus
administrative services officer or designee prior to using any
traveled way of the campus.
5. Unauthorized Operation
Operation of a nonpedestrian device or vehicle in a manner not
consistent with Section 4,
“Conditions for Authorized Operation,” is
prohibited.
6. Authorized
Nonpedestrian Devices and Vehicles
- Any nonpedestrian device that may be operated safely and
courteously on the campus by a university-authorized driver
according to the rules set forth in the Code is permitted, unless
specifically prohibited in the Code.
- Any vehicle authorized for use under Arizona Revised
Statutes Title 28 that may be operated safely and courteously
on the campus by a university-authorized driver according to the
rules set forth in the Code is permitted, unless specifically
prohibited in the Code.
- Any vehicle not authorized for use under Arizona Revised
Statutes Title 28 that may be operated safely and courteously
on the campus by a university-authorized driver according to the
rules set forth in the Code is permitted if, and only if, that
vehicle is university property and has been authorized by the
campus administrative services officer or designee. Such a vehicle
will display marks clearly identifying the individual vehicle and
the organizational unit responsible for the vehicle.
7. Prohibited
Nonpedestrian Devices and Vehicles
- All nonpedestrian devices and vehicles not authorized in this policy are prohibited.
- Motorized scooters, e.g., “gopeds, hoverboards”excluding
handicap scooters, are prohibited. Such may not be operated on the
campus nor brought into any building.
8. Rules of
Transit
The following shall apply to those areas of the campus not under
the jurisdiction of Arizona Revised Statutes Title 28, the
state transportation code:
A. Right of Way
- Each pedestrian or authorized driver shall yield the right of way to all
emergency personnel.
- Each authorized driver shall yield the right of way to any
pedestrian.
- Each authorized driver of a nonpedestrian device shall yield the right
of way to any other authorized driver of a nonpedestrian device as necessary
to ensure safe, courteous transit.
- Each authorized driver of a vehicle shall yield the right of way to any
authorized driver of a nonpedestrian device.
- Each authorized driver of a vehicle shall yield the right of way to any
other authorized driver of a vehicle as necessary to ensure safe, courteous
transit.
B. Transit Routes
- A walkway may be used by pedestrians
only. Examples include an atrium, patio, point of ingress/egress,
stairwell, single step, or flight of stairs, the university
overpass, and a disability accommodation ramp.
- A traveled way may be used by
pedestrians and authorized drivers. Examples include a campus mall,
sidewalk, parking lot, service drive, and loading bay, unless
designated otherwise.
Note: |
While a parking structure is a traveled way, operation of a
nonpedestrian device is prohibited in a parking structure,
excluding enforcement personnel of the ASU PD Bicycle Patrol. See
Section 11, “Prohibited
Conduct.” |
- A campus street may be used in a
manner consistent with Arizona Revised Statutes Title 28,
the state transportation code.
C. Direction of Travel
An authorized driver will bear to the right side of any traveled way as
necessary to ensure safe, courteous transit.
D. Intersections
Unless otherwise indicated, an authorized driver may proceed through an
intersection of traveled ways, or of a traveled way and a walkway,
at a speed not to exceed that of surrounding pedestrian traffic if
and only if safe, courteous transit is ensured and all provisions
of the Code are observed.
E. Speed Limits
- The maximum speed at which a nonpedestrian device or vehicle
may be operated on a traveled way or campus street shall not exceed
that which is reasonable and prudent for the conditions at the time
or that which creates a hazard to any person or property. In no
case shall that speed exceed 5 miles per hour on any traveled way
or 15 miles per hour on any campus street.
Note: |
5 mph is approximately twice the speed of an average pedestrian
walking under fair conditions. |
- Under conditions of heavy congestion on a traveled way such
that progress cannot be made without sudden changes in direction,
e.g., “weaving,” the reasonable and prudent speed is
here defined as that of the surrounding pedestrian traffic. If a
nonpedestrian device or vehicle cannot be operated safely and
courteously at that speed, operation shall be terminated. Operation
may resume only when conditions permit safe, courteous operation
within the applicable speed limit.
9. Enforcement
- The campus administration and finance officer authorizes ASU PD
and PTS to enforce the Code. The campus administrative services
officer may authorize others to enforce the Code, as needed. ASU PD,
by virtue of its employment of state certified sworn peace
officers, is also empowered to enforce all state laws, both on and
off university property, the most notable of which for this context
is Arizona Revised Statutes Title 28, the state
transportation code.
- An enforcement officer may issue a citation for any violation
of the Code. The enforcement officer may assign a level of severity
to the violation that is commensurate with any aggravating
circumstance present at the time of the violation. A citation may
be issued for a violation of the Code with or without proper
authorized driver identification.
- An enforcement officer may impound a nonpedestrian device or
vehicle in conjunction with a citation for a violation of the
Code.
- An enforcement officer may instruct an authorized driver to redirect,
modify, or terminate operation of a nonpedestrian device or
vehicle, whether or not a citation has been issued. Failure to
comply with such instruction is a Level 3 violation of the Code
and, at the discretion of the enforcement officer, may be addressed
as violation of state law, i.e., Arizona Revised Statutes
13-2911, which relates to compliance with the rules of an
educational institution.
- An enforcement officer may ask an authorized driver to leave university
property, whether or not a citation has been issued. Failure to
comply with such a request is a violation of state law, i.e.,
Arizona Revised Statutes 13-1502, which relates to criminal
trespassing. Operation of a nonpedestrian device or vehicle in
order to comply directly with such a request is permitted if such
operation is safe and courteous at all times, unless otherwise
prohibited or an instruction to terminate operation has been
issued.
10. Reasonableness and Fairness in
Enforcement
The primary factors that influence campus traffic are the
perceptions, expectations, and subsequent behaviors of people using
the transit routes of the campus. A principal objective of the Code
is to promote and maintain an environment in which the community
supports and participates in the management of campus transit
issues. Consistent with that objective is the belief that
enforcement actions should be reasonable, prudent, and fair.
Accordingly, the university encourages enforcement officers to
exercise their professional discretion and to consider tolerance of
those violations in which no hazard of immediate concern to the
enforcement officer is present. Factors relevant to this tolerance
include, but are not limited to, time, place, and general
conditions of the violation. The exercise of such tolerance is
entirely at the discretion of the enforcement officer. Accordingly,
expectations of tolerance are not grounds for appeal of a
citation.
11. Prohibited
Conduct
A. Unsafe or Discourteous Conduct
Safety and courtesy are fundamental to the mission of the Code.
Accordingly, it is a violation of the Code to operate a
nonpedestrian device or vehicle in an unsafe or discourteous
manner. Conduct not expressly identified in the Code may be
prohibited immediately by an enforcement officer upon that
officer’s determination that such conduct is unsafe or
discourteous. In such a case, the enforcement officer will
communicate that determination to the authorized driver under consideration
and provide a reasonable opportunity for that person to end the
conduct. If the conduct continues after such notification and
opportunity, enforcement action may be taken, including citation
and impound, for failure to obey an instruction related to the
operation of a nonpedestrian device or vehicle issued by an
enforcement officer, a Level 3 violation (see Section 11-F-1).
B. Speeding
Speeding is a violation of variable severity that occurs when an
authorized driver travels faster than the applicable speed limit (see
Section 8-E, “Speed
Limits”). Speed is the most significant factor that
contributes to the creation of unacceptable risk on the transit
routes of the campus because any conduct is made more hazardous by
increasing the element of speed. Hence, a speeding violation may be
assigned to any level of severity based on speed alone or based on
a combination of speed and any aggravating circumstance present at
the time of the violation (see Section
12, “Aggravating Circumstances”).
C. Speeding through Crowded Traffic
This is a speeding violation of variable severity that occurs
when an authorized driver travels faster than the surrounding traffic by
repeatedly executing sudden changes in direction in order to
proceed through crowded traffic, e.g., “weaving.” The
severity of the violation shall be assigned at the discretion of
the enforcement officer in consideration of any aggravating
circumstance present at the time of the violation (see Section 12, “Aggravating
Circumstances”).
D. Level 1 Violations
The following conduct is prohibited and, except where an
aggravating circumstance exists, shall be Level 1 violations of the
Code:
- To fail to observe any posted traffic control device or
signal.
- To fail to yield the right of way as prescribed by the
Code.
- To fail to bear to the right side of any traveled way as
prescribed by the Code.
- To traverse an intersection of traveled ways, or of a traveled
way and a walkway, (a) at a speed greater than that of surrounding
pedestrian traffic, (b) at a time when it is unsafe or discourteous
to do so, or (c) if any provision of the Code is not observed.
- To operate a nonpedestrian device or vehicle anywhere but on a
traveled way or campus street, except as provided for by the campus
administrative services officer.
- To operate a nonpedestrian device
in a parking structure, excluding enforcement personnel of the ASU PD
Bicycle Patrol.
- To cling to a moving nonpedestrian device or vehicle.
- To operate a bicycle without operational brakes, as defined in
Arizona Revised Statutes Title 28.
- To operate a bicycle without at least one hand upon the
handlebar.
- To operate a bicycle with more riders than seats installed by
the manufacturer. This provision shall not apply in the case of a
child riding safely in a properly installed child seat or other
such accommodation in a manner consistent with the instructions
provided by the manufacturer of such seat or accommodation.
- To propel a skateboard by tacking (see
Section 18,
“Definitions”).
- To operate a roller skate, in-line skate, or skateboard by
skating backwards.
- To operate a nonpedestrian device or vehicle on or over a step,
stairs, or disability accommodation, excluding a curb-cut between a
sidewalk and a street.
- To leave a vehicle without direct supervision by an authorized
driver while the engine is running or in such a manner as to
allow operation by an unauthorized person.
E. Level 2 Violations
The following conduct is prohibited and, except where an
aggravating circumstance exists, shall be Level 2 violations of the
Code:
- To operate a nonpedestrian device or vehicle in a manner not
consistent with simple transit (see
Section 18,
“Definitions”.)
- To operate a vehicle without a valid U.S. driver’s
license.
- To operate a university vehicle prior to satisfactory
completion of training as stated in EHS 119, “Motor Fleet Safety.”
- To operate a nonuniversity vehicle without a properly displayed
temporary or permanent Mall Access Permit or without authorization
from the campus administrative services officer or designee.
- To operate a prohibited nonpedestrian device or vehicle, e.g.,
a motorized scooter other than a handicap scooter (see Section 7, “Prohibited Nonpedestrian Devices and
Vehicles”).
- To experience any loss of control of a nonpedestrian device or
vehicle.
- To operate or park a nonpedestrian device or vehicle on the
university overpass.
- To operate a university owned, leased, or rented vehicles used for official business without completion of authorized driver process as referenced above and in EHS 119, “Motor Fleet Safety.”
F. Level 3 Violations
The following conduct is prohibited and shall be Level 3
violations of the Code:
- To fail to comply immediately with any instruction related to
the operation of a nonpedestrian device or vehicle issued by an
enforcement officer.
- To operate a nonpedestrian device or vehicle, except a handicap
scooter, inside a building.
- To park or otherwise leave a nonpedestrian device or vehicle in
a manner which is not consistent with the requirements of the
Arizona State Fire Code or which obstructs access to any
transit route, disability accommodation, emergency equipment, or
point of ingress/egress. Of particular relevance for the campus is
the requirement that at least 20 feet of clearance be maintained at
all times to ensure free access by emergency vehicles.
- To collide, or cause another person to collide, with a
pedestrian, authorized driver, nonpedestrian device, vehicle, or
property.
- To bring a fuel-powered motorized scooter or other such vehicle
inside any building, except a garage or other building designated
by the university for this purpose.
G. Level 4 Violations
The following conduct is prohibited and shall be Level 4 violations of the Code: to operate a vehicle or non-pedestrian device in a designated and posted “Walk-Only Zone” during the time period when such operation is prohibited.
12. Aggravating
Circumstances
Campus traffic presents diverse circumstances that may affect
the nature and severity of a given violation. These circumstances
include, but are not limited to, time, place, weather, traffic
congestion, surface conditions, and proximity to persons or
property. In order to provide appropriate sanction, a violation of
the Code may be classified according to the nature and severity of
a hazard created by the violation under the circumstances at the
time. An enforcement officer may, according to professional
discretion, increase the severity of a given violation beyond that
prescribed in Section 11,
“Prohibited Conduct,” provided the officer notes on the
citation the aggravating circumstance leading to the increase. For
the purpose of identifying the severity of a given violation in the
context of an aggravating circumstance, the following guidelines
will apply:
A. A
Level
1 violation presents a mild hazard to any person, including
oneself. A mild hazard is present when the consequences thereof, as
estimated by a reasonable person, could cause inconvenience,
distraction, or discomfort.
B. A
Level 2 violation presents a
moderate hazard to any person, including oneself. A moderate hazard
is present when the consequences thereof, as estimated by a
reasonable person, could cause pain or injury not requiring medical
attention.
C. A
Level 3 violation presents a
severe hazard to any person, including oneself. A severe hazard is
present when the consequences thereof, as estimated by a reasonable
person, could cause injury requiring medical attention or
death.
13. Sanctions
A. Fines
- The fine for a Level 1 violation is $15.
- The fine for a Level 2 violation is equal to twice the fine for
a Level 1 violation or $30.
- The fine for a Level 3 violation is equal to twice the fine for
a Level 2 violation or $60.
- In addition to monetary fine, Authorized Driver Training is a
mandatory co-sanction for all Level 3 violations (see Section 13-F-4).
- All fines are payable upon issue of citation according to the
Citation Payment Process (see Section
13-D) and revert to the Mall Safety Fund.
B. Level 4 Walk-Only Sanctions
Penalties/sanctions for offenses are as follows:
- First offense will be a written warning
- Second offense will be a mandatory Authorized Driver Training.
- Third offense will be a referral to:
- Students to Student Rights and Responsibilities
or
- Faculty and staff to either the Provost or Office of Human Resources.
- Fourth, and subsequent, offense(s) will be a Level 3 fine.
C. Late Fees
Late fees may be assessed, according to established guidelines,
to any fine for delinquency in payment.
D. Impound
Any nonpedestrian device or vehicle may be impounded by an
enforcement officer at the time a citation is issued for a
violation of the Code. Impounded property may be recovered within
90 days according to established guidelines, including payment of
an impound fee, by contacting ASU PD.
E. Citation Payment
Process
- When a citation for a violation of the Code has been issued,
the person cited shall either pay the penalty directly or file a
written appeal with the Appeals Section of PTS within 14 calendar
days. All citations are payable upon issue.
- A fine may be paid at PTS or at the ASU cashier’s office
between 8:00 a.m. and 4:30 p.m. weekdays. Payment may be made in
person or by mail. No fine will be considered satisfied until the
full amount has been paid. Impound payments may be made at Parking
Dispatch after hours until 10:30 p.m., Monday through Thursday, and
until 8:30 p.m. on Friday.
- After exhausting all administrative and legal remedies, any and
all fees or fines owed by ASU employees are subject to collection
by payroll deduction.
F. Authorized Driver Training
- A person may request to remedy a citation for a Level 1 or
Level 2 violation by participating in Authorized Driver Training, unless
that person has completed Authorized Driver Training to remedy any
citation within the previous 12 months. Authorized Driver Training may
not be used to remedy a citation for a Level 1 or Level 2 violation
more than once every 12 months.
- Authorized Driver Training may not be used to remedy a citation for a
Level 1 or Level 2 violation that has been appealed.
- A request to participate in Authorized Driver Training shall be
submitted to the Appeals Section, PTS, within 14 calendar days from
the date of citation. If approved, Authorized Driver Training must be
completed within 45 calendar days from the date of approval or on
the date assigned by the Appeals Section. Upon satisfactory
completion of Authorized Driver Training, the participant will receive
proof of participation, the instructor will notify the Appeals
Section, and the fine shall be waived. Failure to complete Authorized Driver Training within the time specified or on the assigned date
shall result in the restoration of original sanctions and the
addition of late fees.
- Authorized Driver Training is a
mandatory co-sanction for all Level 3 violations.
- If Authorized Driver Training cannot be completed due to separation
from the university, then payment of $30 may be made according to
the Citation Payment Process (see Section
13-D) in lieu of participation in Authorized Driver Training and in
addition to any fine associated with a citation.
- Participation in Authorized Driver Training by choice for personal
edification or as a condition on job performance shall not preclude
subsequent participation in Authorized Driver Training to remedy a
citation for a Level 1 or Level 2 violation as described in this
section.
- Participation in Authorized Driver Training as a remedy for a
citation may not occur while on duty as required by university
employment of any kind.
G. Additional Penalties
A person who violates the Code or who fails to comply with the terms of any citation within 45 calendar days from the date of issue shall be subject to additional penalties and sanctions. These include but are not limited to oral and written reprimand, disciplinary probation, salary withholding, termination of employment, Code of Conduct sanctions, suspension or expulsion from the university, encumbrance of academic records, impoundment of vehicle or nonpedestrian device, and loss of administrative privileges, such as access to computer accounts, library resources, registration procedures, and parking. Such penalties and sanctions do not affect the status of a citation, fine, late fee, or impound.
14. Appeals
Appeals are available only for sanctions involving fines.
A. First-level Appeal—Appeals Officer
A person may appeal a citation for a violation of the Code by
submitting a written appeal to the Appeals Section, PTS, within 14
calendar days from the date of the citation. Grounds for appeal
include, but are not limited to, that the citation was issued in
error or that there are extenuating circumstances a reasonable
person would accept as justification for the violation. The ASU
Appeals Officer may dismiss, modify, transfer, or uphold the
citation.
B. Second-level Appeal—Parking Citation Appeals
Board
Upon payment of any fines associated with a citation, a person
may appeal a First Level Appeals decision to the Parking Citation
Appeals Board. The Parking Citation Appeals Board is an independent
board comprising faculty, staff, and students. A written appeal
shall be filed with the Appeals Section, PTS, within 14 calendar
days from the date of the First Level Appeals decision and be
accompanied by a receipt issued by the university indicating all
fines associated with the citation have been paid. The appeal must
state in clear detail the grounds whereby it is believed the First
Level Appeals Officer erred. The Parking Citation Appeals Board may
reverse, modify, or uphold any decision of the First Level Appeals
Officer. Depending upon the ruling, a fine may be refunded when
there are no other charges outstanding.
C. Judicial Review
A ruling of the Parking Citation Appeals Board is not subject to
further appeal at the university and may be submitted for judicial
review by Maricopa County Superior Court according to the
provisions of the Administrative Review Act Title 12,
Chapter 7, Article 6. A filing fee is charged by the court.
15. Removal of Public Hazard and Abandoned
Property
- An enforcement officer may determine, according to established
guidelines, that a nonpedestrian device or vehicle is a public
hazard or has been abandoned. A nonpedestrian device or vehicle
that has been so determined may be impounded and removed without
notice. Such property may be reclaimed, according to established
guidelines, within 90 calendar days of the date of impound by
contacting ASU PD. If, after that time, the owner of such property
cannot be identified from information on or about the property, the
property may be disposed, sold, or otherwise dispensed without
notice.
- If the owner of impounded property may be identified from
information on or about the property, reasonable attempt, according
to established guidelines, will be made to notify the owner that
the property has been impounded. If notification cannot be
confirmed after 90 calendar days from the date of the final attempt
to give notice, the impounded property may be disposed, sold, or
otherwise dispensed without further notice. If notification is
confirmed but the property is not reclaimed within 90 calendar days
of confirmation, the impounded property may be disposed, sold, or
otherwise dispensed without notice.
- All proceeds from the dispensation of impounded property revert
to the Mall Safety Fund.
16. Revision
This Code may be revised, modified, or amended upon the approval
of the president of the university.
17. Severability
Should any provision of this Code be determined to be invalid by
a court of competent jurisdiction, the invalidity of such provision
will not invalidate the whole of this Code, but rather the Code
shall be construed as if it did not contain any invalid part and
the rights and obligations of the university and all individuals
subject to the Code shall be enforced accordingly.
18.
Definitions
The definitions of specific words and phrases used in the Code
are prescribed by Arizona Revised Statutes Title 28, i.e.,
the state transportation code, or as given in this section. In the
event of a discrepancy between definitions in Arizona Revised
Statutes Title 28 and this section, Arizona Revised
Statutes Title 28 shall apply in situations under its
jurisdiction and this section shall apply in situations on those
parts of the campus not under the jurisdiction of Arizona
Revised Statutes Title 28. If neither source provides a
definition, the commonly understood definition shall apply.
"Authorized Driver" means an ASU employee or volunteer who is required in the course and scope of employment or volunteer activity to drive an ASU vehicle for official business purposes, and meets the following requirements:
- has a valid U.S. driver's license;
- has completed and is current with required training;
- has a driving record in good standing (< 6 points);
- and has submitted a Driver's Authorization Form to Human Resources.
“Campus” means all property owned, rented, leased,
or controlled by Arizona State University.
“Campus Street” means a
street on the campus not under the jurisdiction of the City of
Tempe, City of Phoenix, City of Mesa, or City of Glendale.
Note: |
Use of campus streets is governed by Arizona Revised
Statutes Title 28, the state transportation
code. |
“Citation” means a written notice of a violation of
the Code.
“Coalition for Mall Safety” means the standing
subcommittee of the Public Safety Advisory Committee comprised of
members of the campus and local communities who participate in
regular discussions in an effort to enhance the management of
campus transit issues.
“Code,” when unmodified, means the “Arizona
State University Campus Transportation Code.”
“Collide” means to come together or to impact.
“Comply” means to act according to or in a manner
consistent with a request, command, rule or wish.
“Courtesy” means behavior toward another that is
marked by civility, respect, attention, consideration, cooperation,
or generosity.
“Enforcement officer” means an ASU police officer,
an agent of PTS, or any other person authorized by the campus
administrative services officer to enforce the Code.
“Fair” means equitable or impartial.
“Fine” means a monetary penalty imposed for
violation of the Code.
“Hazard” means a condition or circumstance involving
the chance of injury or death.
“Impoundment” means the seizure of and taking into
custody a nonpedestrian device or vehicle.
“Mall Access Permit” means the certificate issued by
PTS that authorizes a person to access one or more traveled ways of
the campus with a vehicle.
“Mall Safety Fund” means the monetary account,
administered by the director of ASU PD or designee, the deposits of
which may be used to promote the mission of the Code to support
efforts deemed necessary or desirable including, but not limited
to, Authorized Driver Training, public signage, and the preparation or
distribution of printed information. The Coalition for Mall Safety
representative to the Public Safety Advisory Committee may advise
the director regarding specific expenditures as needed.
“Nonpedestrian device” means any device, apparatus
or contrivance operated as a means of transit and propelled solely
by human power. Examples of nonpedestrian devices include a
bicycle, tricycle, pedal cart, velocipede, water board, roller
skate, in-line skate, skateboard, and scooter.
“Observe” means to act in a manner consistent with
or according to a law, rule, or tradition.
“Obstruct” means to block, close, or hinder from
passage, action, or operation.
“Operate” means to control the movement of a
nonpedestrian device or vehicle, except as necessary to transport
the device or vehicle as freight under the direct control of a
pedestrian.
“Park” means to place a nonpedestrian device or
vehicle in a stationary position whether the unit is occupied or
not, other than temporarily for the purposes of and while actually
engaged in loading or unloading cargo or passengers.
“Parking Citation Appeals Board” means the group of
people authorized by the university to conduct hearings and render
decisions on second level appeals of a citation for violation of
the Code.
“Parking structure” means a multilevel parking
lot.
“Pedestrian” means a person whose mode of transit is
ambulation or who is defined as a pedestrian under the Americans
with Disabilities Act. A person walking or using a wheelchair,
self-propelled wheelchair, or handicap scooter is a pedestrian. A
service animal employed by a person with a disability, as defined
under the Americans with Disabilities Act, is granted the status of
pedestrian for the purposes of the Code.
“Pet” means any animal not considered a service
animal or a work animal. A pet must be under the direct physical
control of its owner or custodian at all times.
“Prudent” means careful, wise, cautious, or acting
on forethought to avoid danger or harm.
“Public Safety Advisory Committee” means the group
of people from the campus and local communities appointed by the
president or campus administrative services officer to advise the
campus administrative services officer on issues related to public
safety, crime abatement, law enforcement, and emergency
preparedness.
“Reasonable” means governed by or in accordance with
logic, sound judgment, or practicality.
“Right of Way” means the customary or legal right of
a person to pass in front of another.
“Roller skate” means any nonpedestrian device with
one or more wheels or rollers that is worn on the foot. Examples
include a skate that attaches to the shoe, a skate with integral
shoe or boot, an in-line skate, otherwise known as a “roller
blade,” and an in-line ski, otherwise known as a
“roller ski.”
“Safe” means free of hazard.
“Service Animal” means any animal employed by a
person with a disability, as defined under the Americans with
Disabilities Act. A service animal is granted the status of
pedestrian by the Code.
“Simple transit” means
the minimum actions necessary to safely convey a person or goods
from one place to another via a transit route of the campus in a
manner consistent with the Code. Stunts, tricks, feats of skill,
acrobatics, and “extreme” sports activities are not
simple transit and therefore are violations of the Code.
“Skateboard” means any nonpedestrian device
consisting of a deck with one or more wheels or rollers mounted
thereon and upon which the operator stands, sits, or lies during
use.
“State,” when unmodified, means the State of
Arizona.
“Tacking,” when applied to the
operation of a skateboard, means the manner by which a skateboard
may be propelled such that the operator’s foot need not touch
the ground and which exhibits rapid movements of the skateboard
about that axis of rotation perpendicular to the deck through the
rear axle. Tacking is prohibited on campus.
“Transit” means the conveyance of a person or goods
from one place to another.
“Transit route” means a walkway, traveled way, or
campus street.
“Traveled Way” means any
way, area, or region, other than a campus street, where
nonpedestrian devices or vehicles are permitted to be operated or
parked. Examples include a campus mall, sidewalk, parking lot,
service drive, and loading bay, unless designated otherwise.
Note: |
While a parking structure is a traveled way, operation of a
nonpedestrian device is prohibited in a parking structure,
excluding officers of the ASU PD Bicycle Patrol (see Section 11-D-6). |
“University,” when unmodified, means Arizona State
University.
“Vehicle” for the purposes of this policy, includes any automobile owned, leased or rented by ASU, any cart owned, leased or rented by ASU, and any other motorized vehicle driven on public roads or on ASU Campus Malls.
“Walkway” means any way, area,
or region reserved for the exclusive use of pedestrians. Examples
include an atrium, breezeway, patio, point of ingress/egress,
stairwell, single step or flight of stairs, the university
overpass, and a disability accommodation ramp. Unpaved, landscaped,
or otherwise undesignated areas may be used by pedestrians only,
except as provided for by the campus administrative services
officer.
“Work animal” means any animal employed by a person
as the means by which a vehicle may be propelled or a person may be
transported. For the purposes of the Code, a work animal used for
transit, as distinguished from a service animal, is classified as a
vehicle, and is subject to the requirements thereof, which as by
their nature apply to an animal, including proper display of a Mall
Access Permit.
![[horizontal rule]](pdphr.gif)
Cross-References
![[horizontal rule]](pdphr.gif)
For more information, see
- Academic Affairs Policies and Procedures Manual, ACD 126, "References Check and Background Verification"
- Environmental Health and Safety Manual, EHS 115, "Incident Reporting and Investigation"
- Environmental Health and Safety Manual, EHS 119, "Motor Fleet Safety"
- Environmental Health and Safety Manual, EHS 705–02, "Vehicle Loss Insurance Recovery"
- Environmental Health and Safety Manual, EHS 705–08, "University Volunteer Insurance Coverage"
- Facilities Management Manual, FAC 204, "University Vehicle Policy"
- Staff Personnel Policies and Procedures Manual,SPP 319, "Driver's License Monitoring"
- Staff Personnel Policies and Procedures Manual, SPP 801, "Employee Conduct and Work Rules"
- Staff Personnel Policies and Procedures Manual, SPP 808, "Performance Management for University Staff"
- Staff Personnel Policies and Procedures Manual, SPP 809, "Discipline"
and
- Staff Personnel Policies and Procedures Manual, SPP 1010, "Termination of University Staff Employment"
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