15-1449

15-1449. Control of vehicles and nonpedestrian devices on community college property by district board; sanctions; compliance with emissions inspection; definition

A. The district board may adopt policies for the control of vehicles and nonpedestrian devices on property of the institutions under the district board's jurisdiction with respect to the following only:

1. Maximum speed of vehicles and nonpedestrian devices.

2. Direction of travel.

3. Authorized hours of travel.

4. Required stops in traffic.

5. Place, method and time of parking.

6. Nonparking areas and restricted areas.

7. Prohibition of parking in vehicle emissions control areas as defined in section 49-541 of those vehicles which fail to comply with section 49-542.

8. Designation of special parking areas for students, faculty, staff and the general public.

B. The district board may prescribe and collect reasonable fees for specially designated parking areas. The district board shall cause signs and notices to be posted on the property for the regulation of vehicles and nonpedestrian devices.

C. The policies adopted by the district board pursuant to subsection A of this section shall be enforced administratively under procedures approved by the district board for each institution under its jurisdiction. As to students, faculty and staff, these procedures may involve both student and faculty adjudicating bodies if all procedures give the individual notice and an opportunity to be heard concerning the alleged infractions and any sanction to be imposed on the individual. Administrative and disciplinary sanctions may be imposed on students, faculty and staff for a violation of the policies including a reasonable monetary penalty, impoundment, regular institutional discipline, withdrawal or suspension of campus parking privileges, encumbrances of records or grades, or both, and oral or written reprimand. Habitual or flagrant disregard of policies is a ground for suspension or expulsion from the institution for a student and may be taken into consideration as to faculty and staff in regard to amount of salary and continuation of employment.

D. Members of the general public who park their vehicles in an unauthorized manner on the property of an institution under the jurisdiction of the district board shall be warned concerning their unauthorized parking, and if they continue to or habitually park in an unauthorized manner, the vehicles parked in an unauthorized manner may be impounded by the institution and a reasonable fee may be exacted for the cost of impoundment and storage.

E. Members of the general public who violate a policy adopted by the district board pursuant to subsection A of this section regarding the use of nonpedestrian devices on the property of an institution under the jurisdiction of the district board shall be warned of a violation. A nonpedestrian device may be impounded by the institution, and a reasonable fee may be exacted for the cost of impoundment and storage.

F. Except as provided in section 41-1092.08, subsection H, a person who has received a final administrative ruling concerning a sanction imposed on the person as a result of a violation of a policy adopted pursuant to subsection A of this section has the right to have that ruling reviewed by the superior court in the county in which the institution involved is situated pursuant to title 12, chapter 7, article 6.

G. An institution that is under the jurisdiction of the district board and that is located in a vehicle emissions control area as defined in section 49-541 shall prohibit the issuance of annual permits to park on property under its jurisdiction until the applicant submits an affidavit or shows proof that the applicant's vehicle meets the requirements of section 49-542.

H. In this section, "nonpedestrian devices" includes bicycles, tricycles, unicycles, skateboards, roller skates and equines.