Traffic and Parking Regulations Policy

Policy number: CS-1100-1985
Policy title: Traffic and Parking Regulations Policy
Policy owner: Chief, Business Development & Ancillary
Effective date: October 31, 2019

1. Purpose

The Mohawk College Traffic and Parking Regulations Policy governs the use of parking spaces and lots to facilitate the safe and orderly conduct of College business and to provide parking facilities in support of these functions within the limits of available space.

2. Application and Scope

The land and grounds of Mohawk College are private property and the College reserves the right to control motor vehicle use on that property. Parking is not provided at all College campus locations. Where College owned/operated parking lots do not exist, the College assumes no responsibility for providing parking to staff or students.

3. Definitions

“Park(ing)” shall be taken to mean the halting of a vehicle even momentarily, whether or not the vehicle is occupied.

“Parking Office” means the designated office at the Fennell Campus from which all parking services are controlled. Stoney Creek Campus Parking Services is located at the Campus Store.

“Parking Services Officers” means uniformed officers working as employees of the College, including enforcement of parking violations.

“Parking User Committee” or “PUC” is a committee consisting of internal and external stakeholders that advises the Chief, Business Development and Ancillary Services Office on traffic and parking related matters and acts as an appeal body on the disposition of contested infractions issued in accordance with this Policy.

“Parking Violation Notice” or “ticket” means a notification that a person has parked contrary to the Mohawk College Traffic and Regulations Policy, issued by College Security or Parking Office staff and may be subject to a fine.

“Payment machine” or “pay station” refers to the equipment or terminals on campus with the purpose of collecting payment from persons purchasing permits or short term parking.

“Permit” means valid registration of a licence plate number either by registered permit, paid or code parking at the pay station or otherwise registered to park in the College’s enforcement software. A physical ticket, tag or sticker for display is not required.

“Signs” or “Signage” shall include road markings, signs, and other devices either temporarily or permanently erected by the College to regulate movement of traffic, to designate or prohibit parking, and to direct vehicular, transit or pedestrian traffic on campus.

4. Principles

Vehicles shall be parked only in designated parking areas. Parking is prohibited in any service, emergency or loading zone, bus stop, roadway, land, driveway, walkway, transit road or stop, any grassed or landscaped area or any other area not designated for parking. Persons using College parking facilities where paid parking is in effect must have a valid parking permit. Visitor and guest parking is pay-by-plate; a license plate number, payment (debit, credit or visitor code) valid for duration of time parked is required.

5. Accountability and Compliance

5.1 Accountability Framework

This policy has been approved by the Senior Leadership Team.

5.2 Compliance

The Chief, Business Development and Ancillary Services Officer, with support and advice of the Parking User Committee, is responsible for monitoring the effectiveness of this policy and ensuring compliance.

6. Rules

6.1 General

6.1.1 Traffic and Parking Regulations are applicable year round. Mohawk College parking operations exist to provide a service that best meets the need of the college community. It is a service that is available only to those persons with acceptable reason for visiting the campus or authorized to do so. It is not a service available to the general public.

6.1.2 Parking is not provided at all campus locations. Where Mohawk owned/operated parking lots do not exist, the College assumes no responsibility for providing parking for staff or students. IAHS Campus parking is operated separately by McMaster University Parking Services and is subject to the terms of McMaster’s Parking Regulations.

6.1.3 Every effort will be made to provide adequate parking to permit holders. However, a parking permit does not guarantee that a space will always be available.

6.1.4 Mohawk College grounds are private property and the right is reserved to maintain full jurisdiction over all vehicle parking and to take action for violations of this policy. The College reserves the right to invoke general law, including the Highway Traffic Act, the Trespass to Property Act and the City of Hamilton Private Parking By-law No. 89-75, at its discretion.

6.1.5 Mohawk College and its agents are not responsible for any loss, personal injury or damage to motor vehicles, including vehicle contents, however caused. Any such loss and/or damage and/or injury to persons must be reported to College Security and Parking Services as soon as possible after the event.

6.1.6 Persons parking at Mohawk College must have a registered parking permit, or purchase daily or hourly parking at a pay station. The license plate number of guests and visitors must be correctly entered into the pay stations and a valid payment or code must also be entered.

6.1.7 Failure to comply with this policy may result in a ticket, tow away and storage of the vehicle at the owner’s risk and expense and/or revoking of parking privileges. Exceptions may be made if vehicle is towed/stored in error.

6.1.8 It is the permit holder's responsibility to provide Parking Services with current vehicle registration information. The registered owner is responsible for all violations involving the permit holder’s vehicle which may include ticketing, towing and/or revoking of parking privileges.

6.1.9 Access to campus parking by other than authorized permit or payment is in contravention of Mohawk College Traffic and Parking Regulations.

6.1.10 All persons operating a vehicle on Mohawk College property must obey the directions, signage and signals of College Security and/or Parking Services, and speed limits, as posted.

6.1.11 Vehicles must be removed from parking lots by 3a.m., unless otherwise authorized by Parking Services. Overnight parking is only permitted in P10 Residence Lot. In case of emergency, College Security and Parking Services must be notified.

6.1.12 A vehicle left on College property other than the P10 Residence Lot for a continuous period of 72 hours will be considered abandoned, unless prior notification has been provided to Security and Parking Services. Abandoned vehicles may be tagged and/or towed away at the owner’s expense.

6.1.13 All costs and charges associated with the towing of a vehicle from campus or to an on- campus impound area shall be the responsibility of the registered owner and/or operator of the vehicle removed from the campus and no liability shall be attached to Mohawk College or its agents for any damage caused during the towing operation. Exceptions may be made where a vehicle is towed/stored in error.

6.1.14 It is the responsibility of the registered owner of a vehicle parked on College property to ensure the vehicle is well maintained and that vehicle fluids will not escape and pose a threat to persons or the environment. All costs incurred by the College in the clean-up and/or removal of an unsafe vehicle shall be the responsibility of the registered owner.

6.1.15 Mohawk College may collect and use anonymous vehicle or location data for the purpose of transportation audits/studies.

6.2 Types of Parking

6.2.1 General Parking

A valid parking permit or hourly/daily parking payment will allow access to specified lots.
License plates of all permit holders must be registered with the Parking Office
Daily paid parking is available from pay-by-license-plate payment machines located at the parking lots and at various building entrances. The vehicle license plate number is required at time of purchase. No paper ticket is required for display.
Preferred lots are controlled by gated access at Fennell Campus. Sole method of entry into these lots is by valid transponder, activated by the Parking Office.

6.2.2 Visitor Parking

The Short-term lot is reserved for short-term visitor hourly parking only. This is strictly enforced. Contractors, service vehicles and permit holders are not authorized to park in this lot. Payment must be made online or at the payment machines.

6.2.3 Special Reserved Parking

Special reserved parking is for pre-arranged visitors to the College and authorized strictly through the Parking Office. Unauthorized vehicles will be tagged and/or towed away at the owner’s expense.

6.2.4 Theatre Client Parking

Two parking spaces in the theatre loading dock are reserved for authorized use by theatre clients of the McIntyre Theatre only. Persons with written authorization to use these spaces must enter payment and license plate number at a payment machine. Unauthorized vehicles will be tagged and/or towed away at the owner’s expense.

6.2.5 Accessible Parking

All students requiring a Mohawk College Accessible Parking Permit due to long or short term disability must provide Accessible Learning Services with a) a government issued accessible parking permit, or b) a Medical Documentation Form signed and completed by a registered health care professional. Students can bring this documentation to The Registrar's Office.
All employee requests must be approved by Human Resources. Staff members must provide a copy of their government issued Accessible Parking Permit to Human Resources, who will arrange the issuance of a Mohawk College Accessible Permit through the Parking Office. Short term accessible parking may also be arranged through Human Resources with a Medical Documentation Form to be signed and completed by a registered health care professional.
Accessible lots at Fennell Campus include P1, P3, and P8, with additional accessible spaces in P4, the Short term Lot, and adjacent to the C-Wing entrance.

Additional Notes:

Students may be referred to Mohawk College Health Services or a registered health care provider in the event of a medical question and/or for medical recommendation.

The Parking Office will enter the Accessible Permit information upon completion of forms and applicable approval process as above.

6.2.6 After Hours Parking

Parking after regular business hours is available from 5:00pm at a reduced rate of $6.00
General parking permits are valid for all lots after 5:00pm
Parking is not permitted from 3:00am – 6:00am

6.3 Permit Issuance

6.3.1 All parking permits are to be registered and issued through the Mohawk College Parking Office or Parking Services website. Permits should only be purchased from authorized college sources (parking.mohawkcollege.ca, payment stations, the Fennell Campus Parking Office, Stoney Creek Campus Store).

6.3.2 The issuance of a permit does not guarantee the availability of a parking space, rather it provides a licence to park in a designated area, with no liability or responsibility to be held by Mohawk College or its agents.

6.3.3 Payroll deduction is available for full-time employees only. Part-time staff have the option of payment in full for permits or a monthly payment plan payable by Visa or MasterCard.

6.3.4 Students must pay for parking in full at the time of issuance each semester.

6.3.5 Permit holders will be issued one permit only, one type of permit only and no combination of permit types will be accepted or permitted. No exceptions. A limit of four (4) vehicles may be registered per permit account, provided the permit holder registers the make, model and license plate number of each vehicle with the Parking Office. Only one of these registered vehicles may park on campus at any given time. If a second vehicle is found to be on campus at the same time, the second vehicle will receive a ticket.

6.3.6 In the event that a staff member arrives in a vehicle without a valid permit/transponder (e.g. rental vehicle), it is the responsibility of the permit holder to report this to the Parking Office where a temporary permit valid for one (1) day may be issued. No temporary transponders will be issued and a preferred permit holder must park in the General Lot.

6.3.7 All Preferred lots at Fennell Campus (P1, P2, P4, and P10) require a transponder for entry. Transponders are the sole method of gated lot entry. Each transponder has an individual code which is activated by the Parking Office. If a preferred permit holder arrives without a transponder in the vehicle, the permit holder must park in the General Lot.

6.3.8 Gate transponders remain the property of Mohawk College and are issued for the use of authorized permit holders only. They must be surrendered to Parking Services upon demand.

6.3.9 Permit holders are responsible for the replacement of damaged, lost, or stolen transponders at a cost. Replacement of inoperable transponders will be addressed on a case by case basis.

6.3.10 Valid registration of a parking permit is considered acceptance of and agreement to be bound by Mohawk College Traffic and Parking Regulations Policy and procedures.

6.3.11 It is the permit holder’s responsibility to provide up-to-date vehicle and license plate information to the Parking Office.

6.3.12 Any outstanding parking fines must be paid in full prior to a new permit being issued.

6.4 Special Parking Arrangements

6.4.1 Parking Services, under the direction of Chief, Business Development and Ancillary Services Officer or Manager, Parking Office, reserves the right to direct vehicles, when necessary, to General, Short term or Preferred parking areas, subject to parking availability.

6.4.2 The College reserves the right to suspend parking arrangements temporarily in any area for special events, maintenance, construction, or to accommodate special circumstances or emergencies.

6.4.3 Departments within the College wishing to arrange guest parking through a departmental charge can do so by notifying the Parking Office. A financial manager’s approval is required for all departmental charge transactions.

6.4.4 Sales and service representatives shall be considered visitors and are required to purchase hourly/daily parking upon each visit.

6.4.5 College service vehicles will be assigned specific parking locations.

6.4.6 Contractors must purchase daily or other permit parking and are authorized to park in the General lots only.

6.4.7 Buses authorized to park on campus (e.g. visiting groups, events) will be parked in a location at the discretion of Chief Business Development & Ancillary Services Officer.

6.4.8 Parking fees waived for visitors for special assemblies (e.g. Convocation), will be issued at the discretion of the Chief, Business Development and Ancillary Services Officer, Mohawk Executive Group and/or the Parking User Committee.

6.4.9 Evening parking (after 5:00 p.m. and until 3:00 a.m.), Monday to Friday, weekends and statutory holidays will be by card payment or valid evening parking permit.

6.4.10 Bicycles are exempt from parking fees, but shall be parked in designated areas. Chains and locks will be cut and bicycles will be removed if left in other than designated areas.

6.4.11 Motorcycle parking is available at a concrete pad at lot P1 and in a designated zone at P7 at Fennell Campus. Motorcycle parking at Stoney Creek Campus is by designated, signed areas. Motorcycle permits are available at the Parking Office or online. Motorcycle parking areas are subject to change.

6.4.12 Arrangements may be made in advance for the bulk purchase of parking spaces for special events, through the Parking Office.

6.4.13 General parking permits are valid at all Mohawk College general lots where paid parking is in effect from 6:00a.m to 3:00 a.m. daily, with the exception of the Residence Lot, P10. Continuing Education permits are valid in all Mohawk College lots where paid parking is in effect from 5:00p.m. to 3:00 a.m. daily.

6.4.14 All visitors, faculty, staff and students, who do not otherwise possess a valid parking permit, require a daily permit to park on campus. Persons requiring one day parking must purchase a daily permit at the pay-by-plate parking machines at Fennell Campus and Stoney Creek Campus. No ticket is required for display.

6.5 Purchase Refund Schedule

6.5.1 Refunds may be made on prepaid annual and semester permits based on a prorated refund schedule, as determined by the Parking Office.

6.5.2 When a staff member leaves the employ of the College, the transponder must be returned to the Parking Office on or before the last day of work.

6.5.3 Staff Annual Preferred permit holders (lots P1, P2, P4) are responsible for the payment of parking fees on an annual basis. “Suspending” payment and maintaining priority in a preferred lot will not be accepted. Those wishing to discontinue their permit in a preferred lot will not maintain their priority in that lot and the space may be taken by a person on a waiting list or new registrant. Exception will be given to anyone on an approved College leave.

6.6 Restrictions and Conditions

All parking permits are issued subject to the following restrictions and conditions:

Parking registration of a vehicle is considered evidence of a specific contract when entering and parking on campus.
Parking transponders remain the property of Mohawk College and may be cancelled and parking privileges revoked at any time.
The Parking Office requires all applicants for parking present their ONE Card upon registration and/or pick-up of a transponder
Applicants may be asked to show vehicle registration certificates.
Responsibility of finding a parking space in an authorised area rests with the vehicle operator.
The College assumes no responsibilities for personal injury or loss in parking lots
Parking permits will not be issued to a driver with outstanding parking fines owed to the College.
Possession of a parking permit does not guarantee the availability of a parking space.
Parking Services may be advised to boot or clamp a drivers’ side wheel for overdue fines or violations.

6.7 Enforcement of Regulations

It is the policy of the Parking Office to report all criminal activity to Mohawk Security for further investigation.
Fraud cases are also subject to the penalties outlined in the Mohawk College Student Behaviour Policy and the Employee Code of Conduct.
In any violation of the Mohawk College Traffic and Parking Regulations, a Parking Violation Notice may be issued.
Non-enforcement of a regulation, in any instance, will not be interpreted as a waiver for the future.
Failure to comply with Mohawk College Traffic and Parking Regulations may result in fines and/or tow away and/or storage of the vehicle at the owner’s risk and expense, revocation of parking privileges and/or a hold on student accounts.
After the accumulation of unpaid Parking Violations/tickets issued, the outstanding balance will be forwarded to an external debt collection agency.

6.8 Violations and Penalties

6.8.1 Parking privileges may be revoked for any violation of Mohawk College Traffic and Parking Regulations.

6.8.2 The owner/operator may also receive a Notice of Parking Violation and the vehicle may be towed in accordance with section 1.2 in Appendix A if any one of the following violations exist:

Parking on any roadway;
Parking in unauthorised areas; e.g. fire routes, shipping/receiving/loading areas; transit roadways or stops; or accessible parking without valid permit;
Observed by or reported to College Security to be driving in a careless or reckless manner;
Blocking and/or obstructing pedestrian, transit (bus) or vehicular traffic;
Failing to obey signage;
Gaining access to parking areas by other than valid permit and/or authorised transponder;
Failing to obey directions of College Security and Parking Services Officers;
Failing to yield right-of-way to pedestrians, transit or cyclists;
Failing to park in accordance with the lot lines (parking in more than one stall)

6.9 Appeals

An individual may appeal a Parking Violation Notice within five (5) calendar days of the date on which the Parking Violation Notice was issued, online at the Parking website
A valid appeal can be based solely on the contention that a Parking Violation Notice was issued contrary to Mohawk College Traffic and Parking Regulations, or in error.
Ignorance of Mohawk College Traffic and Parking Regulations is not grounds for appeal.
Appeals will not be granted on the basis of arriving by unregistered vehicle/license plate or failure to observe signs that indicate paid parking is in effect on College property.
Appeals received which do not comply with these requirements will not be considered and the appellant shall be notified by email. No appeal from this decision will be permitted.
The Parking User Committee acts as the advisory committee for the appeals process.

7. Policy Revision Date

October 2024

7.2 Responsibility

The Chief, Business Development and Ancillary Services Officer will review this policy every five years or earlier when required.

8. Attachments

Appendix A - Traffic and Parking Regulations Procedure

9. Specific Links

Appendix A - Traffic and Parking Regulations Procedure

1. Violation, Fines and Penalties

For each violation, the following fines and penalties shall apply:

Parking between 0300 and 0600 hours: $35.00 Fine only
Parking in an area not designated for parking: $35.00 Fine only
Failing to purchase a valid Mohawk permit: $35.00 Fine only
Failing to park in accordance with lot layout: $35.00 Fine only
Failing to obey regulatory signs: $35.00 Fine only
Failing to yield right of way to pedestrians, cyclists: $35.00 Fine only
Driving without due care and attention, speeding: $35.00 Fine only
Parking ‘3 deep’ in lots (blocking vehicles and/or roadway): $35.00 | Fine +/ tow
Failure to obey directions of Security, Parking Office or construction staff when engaged in directing and/or controlling traffic: $55.00 | Fine +/ suspension*
Blocking or obstructing roadway traffic, sidewalk, fire hydrant, building entrance/exit, transit terminal roadway or stopping in ‘No Waiting’ zone: $55.00 | Fine +/ tow
Determined misuse or unauthorized use of a permit: $150.00 | Fine, tow +/ suspension**
Parking in a designated accessible area without valid permit: $150.00 | Fine, tow +/ suspension*
Supplying false information to obtain parking privileges: $150.00 | Fine, tow +/ suspension**

*Note: Upon issue of this violation tag, vehicle is subject to be towed. Parking privileges will be suspended. Suspension will only be lifted upon successful appeal. Please note section 1.2 hereof regarding towing and

1.3 hereof regarding suspension of parking privileges. Outstanding fines may be forwarded to an external debt collection agency.

** Note: In addition to fines, towing and/or suspension, these offences are subject to the Mohawk College Student Behaviour Policy and the Employee Code of Conduct, and may result in criminal charges.

1.1 Additional Fees

1.1.1. A $15.00 surcharge will be levied on all fines not paid or appealed within five (5) calendar days of the issuance of the Parking Violation Notice.
1.1.2. All outstanding parking fines, fees and interest incurred, will remain a debt to Mohawk College, and may be subject to a hold on student accounts until paid in full.
1.1.3. Disregarding Parking Violation Notices may result in the suspension of College parking privileges or the tow away of the vehicle. Outstanding fines may be forwarded to an external debt collection agency.

1.2 Towing of Vehicles

In addition to any other penalty, a vehicle may be towed away at the owner’s expense if it is parked in violation of the Mohawk College Traffic and Parking Regulations.

If your vehicle has been towed, please contact the Parking Office either in person or by telephone. Arrangements will be made with the staff to take you to the vehicle compound in order to retrieve your vehicle.

Costs of towing of the vehicle are the responsibility of the vehicle owner/operator and must be paid in full in order for the vehicle to be released. Exceptions may be made if a vehicle is towed in error.

The provisions of the Repair and Storage Liens Act of Ontario (RSO 1990, c R.25) shall apply to any vehicle towed as a result of a Parking Violation Notice being issued.

1.3 Suspension of Parking Privileges

Parking privileges may be suspended for:

Non-payment of fines;
Repeat violations or obvious disregard for regulations;
Supplying false information to obtain parking privileges; and/or
Determined misuse, or unauthorized use of a permit.

1.4 Reinstatement of Parking Privileges

Reinstatement of parking privileges for reasons other than outstanding fines must be applied for in writing.

College

Parking Services shall reinstate parking privileges provided that:

All outstanding fines and fees have been paid;
The $30.00 reinstatement fee has been paid;
The suspension period (as determined by the Parking Office) has lapsed;
All requirements for reinstatement as determined by the Parking Appeals Committee have been met.

2. Appealing a Parking Violation Notice

2.1 An individual may appeal online at the Parking Services webpage: Mohawk Parking Services within five (5) calendar days of the date on which
the Parking Violation Notice was issued.

2.2 The Appeals Procedure

The following procedures shall apply to any appeal of a Parking Violation Notice:

2.2.1 If the appeal meets the requirements of Sections 2.1 and 2.2 hereof, the Parking User Committee shall review the reason(s) for the appeal and shall make a determination, based on the online Appeal Form submitted and any available evidence, including such photographs that may have been taken at the time of the alleged violation, either to allow or deny the appeal.

2.2.2 If the appeal is upheld, there may be granted, at the discretion of the Chief Business Development and Ancillary Services Officer and Parking User Committee, a reduction of the Parking Violation Notice to that of a warning. A warning would remain on file with the vehicle parking permit records only and could be used as evidence should further violations by the individual be reported.

2.2.3 The appellant shall be notified by email of this warning status and may within two (2) business days of the issuance of notice of the decision by delivering a letter to the Parking User Committee asking for the appeal to be heard by them at their next regularly scheduled meeting following receipt of that letter.

2.2.4 If the Parking User Committee denies the appeal the appellant shall be so notified by email that the Parking Violation Notice will be enforced.

2.2.5 If it is determined that the appeal, while having no obvious validity, does merit being heard by the Parking User Committee, the Chief, Business Development and Ancillary Services shall refer the appeal to the Parking User Committee to be considered at their next meeting.

2.2.6 All decisions of Appeal from the Parking User Committee are final; there is no other avenue of appeal. Notice of the decision of the Parking User Committee on an appeal shall be emailed to the appellant within two (2) business days after the decision is made.