Chapter 11—Penalties and Procedure on Violations

Effective Date: 2/26/2016

SEC. 11.1 GENERAL PROCEDURE

Each violator shall, unless authorized or directed under state law to the contrary, be presented by the complaining officer with a traffic citation as required herein directing the violator to report to a magistrate of the 97th District Court, Houghton, Michigan; or if for a violation of Chapter 5, Parking, with a parking violation notice which shall state the nature of the violation, name of officer or person making the complaint, and the violating vehicle’s make and license number. Such parking violation notice shall direct the violator to report to the Transportation Services Department, Parking Violations Bureau of Michigan Technological University. The violator shall have the option of paying the fines prescribed for the parking violation to the University, or for the citation charged to the District Court; appealing the parking violation notice as provided by this Ordinance and University procedures, or appearing before such court and responding in accordance with state law to the citation. If the violator fails to appear in accordance with the notice given, a complaint or citation may be made in the court designated and the case shall be processed in the usual manner before said Court.

SEC. 11.2 PARKING VIOLATION NOTICE, COPIES THEREOF

Every University Public Safety officer, parking enforcement officer or parking enforcement agent, unless directed by state law to the contrary, upon issuing a parking violation notice shall submit duplicate copies of the notice to the Manager of the Transportation Services Department, and to the Parking Enforcement Officer.

SEC. 11.3 PAYMENT OF PARKING VIOLATION FEE

Any person who has received a parking violation notice (Chapter 5 hereof) as provided in this ordinance, shall within the time specified in such notice, answer at the Transportation Services Office, Parking Violations Bureau of Michigan Technological University for the charges set forth in such notice by admitting responsibility to the infraction and by paying to the Cashier’s Office a fine prescribed by the Vice President for Administration for the infraction or if responsibility is denied such person shall inform the Parking Enforcement Officer of the Transportation Services Office of their intent to appeal the citation or to deny responsibility.. Acceptance of this fine so paid shall be deemed complete satisfaction for the infraction and the violator shall be given a receipt for the amount paid. Such fine shall not exceed twenty-five dollars ($25.00) for any single offense, excepting a disabled space parking violation which shall not exceed one hundred dollars ($100.00).

SEC. 11.4 FINES AND PENALTIES, WHEN DUE

All fines and penalties are due and payable within ten (10) business days of the date the violation card is issued.

SEC. 11.5 RECEIPTS AND RECORDS

The Michigan Technological University Cashier’s Office shall collect all moneys paid for violations of Chapter 5 hereof in accordance with and as provided for by this ordinance and shall issue receipts to all persons from whom money has been collected in accordance with rules and procedures established by the Vice President for Administration. The Cashier’s Office shall keep records of all fines so paid and such records shall be audited in the manner prescribed by the Board of Trustees of Michigan Technological University.

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SEC. 11.6 VIOLATION FEES, WHERE PAYABLE

All parking violation fees for violations of Chapter 5 hereof are payable on Banweb until said fee is moved onto the student bill, at the Michigan Technological University Cashier’s Office or on line in accordance with rules and procedures as established by the Vice President for Administration.

SEC. 11.7 UNPAID VIOLATIONS, DISPOSITION

Parking violation fines may be paid within a ten (10) business day grace period, without incurring additional fines or revocation of on-campus parking privileges. Notifications will be sent to violators after the ten (10) day grace period and holds will be placed on student accounts if less than 45 days remains in the semester. At forty-five (45) days past due, students and employees will have their swipe-card privileges for gated parking lots revoked. At sixty (60) days past due, employees will be notified and the collection of parking fines will be turned over to Accounts Receivable for collection. All collection and penalty activities will be suspended during the period of appealing a parking violation notice.

SEC. 11.8 PENALTIES

In the event that a complaint and citation for any violation under this ordinance shall be filed with the District Court or other appropriate court for enforcement, the fine prescribed by the Vice President for Administration shall be applied by such court as a minimum fine. The court may levy a greater fine and/or imprisonment not to exceed that allowed by law.

SEC. 11.9 BOOKS OF VIOLATION CARDS, ISSUANCE AND RECORDS

The Executive Director of Facilities Management and Transportation Services shall be responsible for the issuance of books of violation notices or electronic violation notice devices and shall maintain or shall cause to be maintained a record of every such book and device issued to the Parking Enforcement Officer or agent or Department of Public safety and Police Services and shall require and retain a receipt for every book or device so issued.

SEC. 11.10 VIOLATIONS OF ORDINANCE

  1. Any person violating Section 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9, 3.10, 3.11, 3.12, 3.13, 3.14, 3.15, 3.16, 3.17, 3.18, 3.19, 3.20, 3.21, 3.22, 3.23, 3.24, 3.25, 3.26, 3.27, 3.28, 3.29, 3.30, 3.31, 3.32, 3.33, 3.34, 3.35, 3.36, 3.37, 3.38, 3.39, 3.40, 3.41, 3.42, 3.43, 3.44, 3.45, 3.46, 3.47, 3.48, 3.49, 3.50, 3.51, 3.53, 3.54, 3.55, 3.56, 3.57, 3.59, 3.60, 3.61, 3.62, 3.63, 3.64, 3.65, 3.66; 4.1, 4.2, 4.3; 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 5.13, 5.14, 5.15, 5.16, 5.17, 5.18, 5.19, 5.20, 5.20a, 5.21, 5.23, 5.24; 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8; 7.1, 7.3, 7.4, 7.9; 8.5; 9.1, 9.2, 9.3; 10.6, or 10.9 of Ordinance No. 1, as amended, is responsible for a civil infraction for each such violation.

  2. Any person violating Section 3.52, 3.58, 7.2, 7.10, 8.1, 8.3, or 10.5 of Ordinance No. 1, as amended, shall be guilty of a misdemeanor.

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