Chapter 11—Penalties and Procedure on Violations

Effective Date: 12/14/12

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 violations notice which shall state the nature of the violation, name of officer or person making the complaint, and the car make and license number. Such parking violation notice shall direct the violator to report to the Facilities Management and 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 or the citation charged, appealing the parking violation notice as provided by University procedures, or appearing before such court and responding in accordance with state law. 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 officer, Parking Enforcement Officer or Parking Enforcement Agent, unless directed by state law to the contrary, upon issuing a parking violation shall submit duplicate copies of the notice to the Director of Facilities Management and Transportation Services 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 appearl 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 five (5) 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. 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 fines of Chapter 5 hereof are payable on Banweb, until said fee is moved onto the student bill, or at the Michigan Technological University Cashier's Office.

SEC. 11.7 UNPAID VIOLATIONS, DISPOSITION

      Parking violation fines may be paid within a ten (10) business day grace period without incurring additional finds 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. At forth-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 penatly 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 Manager of the Public Safety Department shall be responsible for the issuance of books of violation cards and shall maintain or shall cause to be maintained a record of every such book and each set of violation cards contained therein issued to the individual members of the Public Safety Department and shall require and retain a receipt for every book 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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