Parking Compliance Rules and Regulations

Title: Parking Compliance Rules and Regulations for BOG Policy 28
Responsible Unit: WVU Parking
Effective: March 13, 2015

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Purpose

West Virginia University has established a parking policy and procedures pursuant to WV Code §188-4-6 and Board of Governors Policy 28.

Introduction

Parking at West Virginia University (WVU) is limited, so it is important for everyone to observe the campus parking regulations. A valid parking permit displaying the appropriate area number is required from 6:00 a.m. to 5:00 p.m., Monday through Friday. With the exception of 24-hour­ restricted lots and short-term lots, no permit is required in WVU lots on official University holidays and weekends. Accessibility (ADA) Parking Areas require a permit at all times, no exceptions. Parking regulations are strictly enforced to control our limited resources and provide availability to permit holders.

Mission and General Statements Concerning Parking Management

The Mission of the Department of Transportation and Parking at West Virginia University is to provide orderly parking for faculty, staff, students, and visitors; to protect pedestrians; and to assure access to all buildings and parking areas for fire fighting and other emergency equipment.

Transportation and Parking formulates rules and regulations in an effort to achieve this mission in accordance with WV Code 18B-4-6. The WVU Department of Transportation and Parking enforce these rules and regulations. Our desire is for parking to be a community asset that serves the most customers possible while operating in a fiscally responsible manner.

The Department of Transportation and Parking promotes alternative transportation choices for students, faculty, and staff. Besides the PRT service that connects the Downtown, Evansdale, and Health Sciences campuses, shuttle services are provided between a variety of remote parking lots and PRT stations. Additionally, the University contracts with the Mountain Line bus service to provide free public transportation on Mountain Line routes with a valid WVU ID. Please refer to the Department of Transportation and Parking website or by calling 293-5627 regarding these alternative transportation services.

Although many limitations and constraints are placed on the campus parking system, there is always room for improvement. All reasonable suggestions will be considered. They may be submitted, in writing, to the Director of Transportation and Parking, 1112 Van Voorhis Road, P.O. Box 6561, Morgantown, WV 26506-6561. For response to more urgent matters regarding parking, call 293-5502.

WVU assumes no responsibility for vehicles and/or protection of vehicles or their contents from third-party damages at any time while they are parked on campus. This statement also applies to illegally parked vehicles.

1. Definitions

• 1.1 Affiliated: Individuals who have a recognized affiliation with the University to include, but not limited to: faculty/staff, students, vendors, contractors, community program participants and WVU retirees.
• 1.2 Non-Affiliated : Individuals who do not have a recognized affiliation with the University to include, but not limited to: visitors, guest speakers, alumni, prospective students, prospective employees, and event and conference participants.
• 1.3 Faculty/Staff (FIS): Faculty/Staff members are defined as any employee who works for the University. This includes both regular and temporary positions.
• 1.4 Commuter Student: Commuter students are defined as individuals who are taking courses at the University and do not live in University residence halls.
• 1.5 Resident Student: Resident students are defined as individuals who are taking courses at the University and live in University residence halls.
• 1.6 Resident Life - Live-In Staff: Individuals designated by Residence Life as full-time staff and their spouse/partner, if applicable, who live in a University residence hall or Faculty Residences.
• 1.7 Resident Life -Student Staff: Individuals designated by Residence Life as student staff who live in a University residence hall.
• 1.8 Board Members: Members of the University Board of Governors.
• 1.9 Visitors/Guest: Individuals who have no affiliation with the University to include, but not limited to: non-affiliated individuals, athletic fans and performing arts guests.
• 1.10 Reserved
• 1.11 Emeritus and Retired Staff: Emeritus faculty and staff who have retired from the University.
• 1.12 Volunteer: Individuals who are not affiliated with the campus and is providing time and service to the campus at no charge or personal gain.
• 1.13 Vendor/Service Representative: Employees of a company that provides periodic maintenance or other services to the campus to include, but not limited to: service, delivery, and other sales representatives.
• 1.14 Contractor : Employees of a recognized company who works on campus on a regular basis to include, but not limited to: long-term facilities contractors, such as roofers and electricians.
• 1.15 Contractor Vehicles: Company vehicles that are kept on campus, for a short-term or long-term period.
• 1.16 Construction Worker: Employees of companies completing short-term and long-term campus construction projects.
• 1.17 Parking Violation Notice/Citation/Ticket : West Virginia University or State of West Virginia document used to cite individuals for violation of University or State of West Virginia parking regulations and/or state law.
• 1.18 Special Events: Events or programs that require special parking arrangements for 10 or more non-affiliated guests/attendees. Events that require special parking arrangements for 20 or more F/S or students.

2. General Information

2.1 Authority
The University has been given the authority to establish parking policies pursuant to WV Code §18B-4-6. This authority is shared by the Department of Transportation and Parking and the University Police Department.

2.2 Management
All parking lots will be managed exclusively by the Department of Transportation and Parking. Any individual utilizing parking resources will be required to obtain a permit, unless parked at a paid meter. Large events held during hours in which a permit is not required may be subject to event fees in order to properly manage parking resources. Lot and/or space designations are subject to change.

3. General Parking Area / Space Type Overview

Signs at the entrances of all parking lots designate the type of permit required and other relevant restrictions.

3.1 24-Hour Restricted
Vehicles parked in a restricted lot must display the designated permit at all times.

3.2 Restricted
Vehicles parked in a restricted lot must display the designated permit between the hours of 6:00 a.m. and 5:00 p.m. unless otherwise noted on signage. At other times, vehicles may be parked in non-restricted lots without a University permit.

3.3 Reserved or Specifically Designated Spaces
Vehicles parked in spaces marked as reserved or restricted to a specific type of permit or vehicle must display the appropriate permit. Spaces include, but are not limited to: reserved, vendor, state vehicle, ADA, Area 75 and pick-up/drop-off.

3.4 Permitted Areas
Parking areas are restricted to individuals in possession of a valid parking permit. An individual who is eligible for a permit may only purchase the permit from the Department of Transportation and Parking.

3.5 Park and Ride
Parking area restricted to vehicles displaying a valid park and ride permit. Restriction-may be placed on these areas during University special events. These permits will be available to any campus member.

3.6 Resident Facility Permits

• Parking areas are restricted to individuals in possession of a valid resident parking permit at all times. Individuals who are eligible for a resident permit are: resident students, including Residence Life student staff, and Faculty and their spouse/partner (if applicable).
• Resident permits are area and if marked, space specific.
• Resident permits will be sold on a space available basis and distributed on a first-come, first-served basis unless special needs are present.

3.7 Residence Faculty Leader (RFL) Reserved Spaces & Permits
Parking spaces are restricted to designated individuals at all times. Individuals eligible to obtain a RFL permit are: designated full-time, live-in, Residence Faculty Leader staff and their spouse/partner (if applicable).

3.8 Reserved Spaces
Parking spaces are restricted to a designated individual at all times. The spaces will be marked accordingly.

3.9 Americans with Disabilities Act (ADA) Spaces/Area 75 Permits
Parking spaces are specifically designated for use by individuals who are in possession of a valid state issued ADA placard, license plate, or Area 75 permit. These spaces may be restricted for hours of use.

3.10 State Vehicle Spaces
Parking spaces may be restricted to use by any vehicle with University license plates. WVU and State vehicles can park in designated vehicle spaces, but are not permitted to park in paid permit spaces.

3.11 Construction Parking
Vehicles parked within a fenced construction site are not required to have a permit. Eligible individuals are construction workers and managers. They may also utilize metered areas. These vehicles are not authorized to park in permitted areas, but may be issued park and ride permits when available.

3.12 Vendor Permits
Vendor permits may be purchased, and all vendors must have a permit to avoid citation issues. Individuals who are eligible for this type of permit are vendors and service representatives.

3.13 Visitor Spaces
Parking spaces designated to those individuals who are not affiliated with the campus. Visitors will be required to park in a designated visitor lot or at a metered space. Visitor permits may also be available from most Dean/Director offices or the Parking Office. Certain spaces are designated for particular department use only. Parking in a visitor space may require the purchase of a daily visitor permit or payment of a meter.

• Athletic Events: These events will be managed through a Memorandum of Understanding between the Department of Transportation and Parking and the Athletic Department.
• Creative Arts, Arts and Entertainment: Individuals attending performing arts programs may be required to purchase an event pass or payment of a meter, unless the fee is incorporated into the performance ticket price.

3.14 Loading/Unloading- Time Limited Spaces
Parking spaces designated by signs that are for the express purpose of loading/unloading items. These spaces may only be used for the designated time frame, after which, the vehicle must be moved to a legal space without time limits. No permit is required while parked in these spaces.

3.15 Motorcycle Spaces
Motorcycles, mopeds, scooters and the like, whether they are required to have a license plate or not, must be parked in a designated motorcycle parking area and may be required to display a valid motorcycle parking permit in the future.

3.16 Mountain/air Parking Garage
The upper level is an hourly parking area that requires payment of a meter. The lower level is for permit use only.

3.17 Board Member Permits
Board Member permits are valid in all parking areas. Individuals who are eligible to obtain a Board Member permit are listed under Section 1. Definitions.

3.18 Special Permits
Special permits are only valid if approved by the Director of Transportation and Parking with the appropriate signature and expiration date. These permits may include media or other special needs.

3.19 Contractor Permit
Contractor permits will only be issued for company vehicles and will be sold as vendor permits.

3.20 Short-Term Parking
Short-term parking areas are available throughout the campuses and are open to the public. Vehicles parked in these lots may purchase parking from a permit vending machine located within the lots. Enforcement of Short-term lots is 6:00 a.m. to 8:30 p.m., Monday through Friday unless otherwise posted on signage at the lot entrance. Any citation issued within ten minutes of displaying a valid paid permit will be excused at the WVU Parking Office at Mountaineer Station, 1112 Van Voorhis Road.

4. Special Events

Activities that require parking for 10 non-affiliated or more than 20 faculty and/or staff vehicles are considered special events and must be coordinated through the Department of Transportation and Parking. Requests for larger groups will be accommodated in metered areas or park and ride areas, unless an exception is granted by Transportation and Parking. Parking and Transportation Services has the authority to deny parking for an event that cannot be accommodated.

5. Permit Rate Structure

5.1 General Information

• All individuals who use the University's parking facilities are required to pay a fee for parking, unless an exemption is made by the Department of Transportation and Parking. Individuals may only obtain one permit for their personal use and are responsible for reporting a lost or stolen permit.
• Permits may not be resold, given or transferred to another person.
• University parking hangtags, stickers and gate control cards are the property of West Virginia University and must be surrendered upon request of the Department of Transportation and Parking personnel or University Police.
• Unless approved by the Director of Transportation and Parking, permits may only be procured and issued through the Department of Transportation and Parking.
• Departments may not use departmental funds to pay parking permit fees for affiliated individuals, except for volunteers and contractor or vendor permits for construction projects managed by Facilities Management.
• Departments may use departmental funds to pay for guest parking for individuals who are not affiliated with the University.
• Permit rates will be determined each fiscal year.
• The Department of Transportation and Parking has the authority to charge a flat rate for use of a parking area. Upon approval, a department may incorporate a per person charge into ticket/program rates to cover parking fees.

5.2 Board Permits
Board permits are complimentary to eligible individuals as defined in Section 1.0 Definitions.

5.3 Motorcycle Permits
Motorcycle permits are for use in designated motorcycle spaces only. Faculty, Staff, and Students who have a valid vehicle parking permit may choose to display their valid parking permit and park in their designated parking area. Permits are not valid in short term lots.

5.4 Visitors/Guests
Individuals who are not affiliated with the University will pay the prevailing short- term permit rates or daily visitor rate.

5.5 Volunteers
Non-affiliated individuals will pay the lowest Faculty/Staff rate or prevailing short-term rate.

5.6 Vendor/Service Representative
Vendors/service representatives will pay the vendor rate or prevailing short-term rates.

5.7 Contractor Staff- Personal Vehicles
Parking permit rates will be determined based on the area assigned.

5.8 Contractor/Company Vehicles
Permits for contractor/company vehicles that are maintained on campus may be purchased as vendor permits.

5.9 Construction Workers
When available, workers may purchase a park and ride permit or pay prevailing short-term rates, unless other arrangements are approved by the Department of Transportation and Parking.

5.10 Special Permits
Non-affiliated individuals who are authorized to obtain this permit rate will be determined by the Director of Transportation and Parking.

5.11 Pick-Up/Drop-Off Programs
Individuals who only need to pick up or drop off participants for a special program will be allowed to park free for the time designated for the space. Parking in excess of the time is subject to a citation. Individuals who wish to park for extended periods of time are considered visitors and must secure a valid parking permit.

6. Citations and Enforcement

6.1 Overview

• All motor vehicles operating on campus are subject to the University's parking and traffic regulations and West Virginia Traffic Laws. All vehicles, including motorcycles, motor scooters, and any vehicle with a motor, must be parked in designated areas. All vehicles parked in areas controlled by the University must be in compliance with the University's parking regulations. The State of West Virginia has granted authority to the University to issue citations on campus for both State violations and University-specific violations.
• State violations are those associated with West Virginia Traffic Laws and safety issues, such as parking in a fire lane, roadway or ADA spaces. Enforcement of West Virginia Traffic Laws is controlled by the University Police only.
• University-specific violations are those associated with State Code § 18B-4-6 and associated rules and regulations. They enable the University to efficiently manage its parking resources.
• Departments may not use departmental funds to pay for individuals' parking violations.
• Individuals who violate parking regulations and policies may be referred to the University's Student Judicial Affairs Officer or Human Resources, as applicable, in addition to other legal actions.

6.2 General Policies

6.2.1 Overview

• Parking permits are to be displayed facing forward in plain view from the windshield of the vehicle. If the permit is a repositional type permit it must be displayed in the lower driver's side corner of the windshield, affixed on the windshield. If the permit is a hangtag type permit it must be displayed from the rearview mirror, if available. Failure to display the parking permit as described without the pre-authorized approval from the Department of Transportation and Parking may result in the issuance of a Parking Citation.
• Fines must be paid or appealed within 10 working days of the date of issuance.
• Operators of state-owned vehicles who incur parking or traffic violations may be subject to disciplinary action and/or issuance of a citation.
• Unpaid parking citation may be referred to the civil Magistrate Court for adjudication. Students with unpaid parking citations may have holds placed on their records which may limit or prohibit among other things class registration, access to official transcripts, access to financial aid, and/or adding or dropping classes.

6.2.2 Permit Restrictions

• The hours for permit restrictions are subject to change upon approval from the University administration.
• Permits are required to park in all parking areas Monday through Friday, 6 a.m. to 5 p.m.
• Unrestricted areas, unless noted otherwise, become free parking between 5 p.m. and 6 a.m., Monday through Friday.
• Restricted lots, reserved or specifically designated spaces are enforced at all times.
• Except for parking areas designated for 24-hour enforcement, permits are not required when the University is closed for an official holiday or due to inclement weather.
• Evening permits may be required in the future and will be valid on campus from 5 p.m. until 6 a.m. the following day.
• The Department of Transportation and Parking has the authority to lift permit restrictions for special events or situations.

6.2.3 Towing and Impoundment
Towing fees are non-refundable. Vehicles may be cited and towed at the owner's expense to a designated location on campus for the following violations:

• Use of a lost / stolen or altered permit
• Parking in a designated tow-away space I zone - fire lanes, roads, ADA spaces or reserved spaces
• An accumulation of unpaid violations in any areas, totaling the amount of citations of$100.00 or more.

6.3 Violations and Fines

6.3.1 Sanctions for Use of Lost / Stolen or Altered Permit

• Issuance of parking citations are subject to criminal charges
• Offender will forfeit parking privileges for the remainder of the academic year
• If parking privileges are revoked, the offender will forfeit any refund for the parking permit
• Offender will be referred to University Police and Judicial Affairs or Human Resources, as applicable.

6.3.2 Improper/Illegal Use of ADA Permits
Possession of a lost, stolen or altered ADA permit or possession of an ADA permit belonging to another may result in criminal charges and issuance of a citation under State or University penalty.

7. Appeal Procedure

7.1 General Information

• Individuals who have received a citation may file an appeal through the Transportation and Parking website-(transportation.wvu.edu) or in person at the Parking Office, 1112 Van Voorhis Rd. All appeals will be adjudicated by the designated Appeal Officer or for West Virginia University. The Appeals Officer will undertake an impartial review of the circumstances surrounding the issuance of the citation(s) and provide a decision to Parking Management, which will then notify the appellant. ALL DECISIONS REACHED BY THE APPEAL OFFICER ARE CONSIDERED BINDING AND CONSTITUTE THE FINAL DISPOSITION OF THE APPEAL.
• All appeals must be submitted to Parking Management Office within 10 working days of the issuance of the Notice of Violation. Failure to file an appeal within this time will result in the violator's forfeiture of the privilege of appeal. All appeals must indicate the citation number(s) of the violation(s) being appealed and present the appellant's arguments to have the Notice of Violation voided.

7.2 Magistrate Court Hearings
All citations may be appealed through the County Magistrate Court.

8. Unpaid Citations

8.1 General Information
Citations that remain unpaid may be transferred to the Office of Admission and Records for academic restrictions for students and as applicable, may be forwarded to the appropriate supervisor for employees. Outstanding citations must be paid in full before permits can be renewed, towed vehicles are released, or restrictions are removed.

8.2 Towing
Towing and impoundment-Violators that accumulates unpaid citations in any area totaling $100.00 or more can be towed.

9. ADA Parking

The University has designated specific accessible parking spaces throughout the campus. All vehicles are required to display a current ADA tag/license plate. ADA parking spaces may be time restricted as designated on the appropriate sign. Area 75 permits are University issued ADA permits for employees and require the University permit to park. State issued ADA tags/license plates are not honored in these spaces.

10. Miscellaneous

10.1 Permit and Violation Revenue
All revenue generated through the sale of permits, fees and/or collection of violation fines will remain a revenue source for Department of Transportation and Parking.

10.2 Signs

10.2.1 Permit Restrictions
Signs will be placed at each parking area entrance indicating the need for a parking permit and identifying the type of parking permit required.

10.2.2 Access Restrictions
Signs will be placed at access roads for restricted areas and pedestrian areas informing drivers about restrictions.

10.3 Permit Rates
All parking fees will be set annually and announced through local media and posted on the Department of Transportation and Parking website. The Transportation and Parking Advisory Committee will have an opportunity to review and comment on proposed rate adjustment prior to implementation.

11. Contact

Contact the Department of Transportation and Parking at 304-293-5502 for more information or view the website at transportation.wvu.edu.