Public Safety issues tickets on public streets

By Laura Frazier, Staff Writer -- frazier13@up.edu

Two weeks ago, junior Robert McDonald parked his car on North Fiske Avenue.

As he was heading to class, a neighborhood resident stood in front of McDonald's car. The man was upset that McDonald had parked in front of his house. After explaining that he had the right to park on a public street, McDonald went to class.

The next day, McDonald parked in the same spot, but this time he came back from class to find a $50 ticket on his windshield from the Department of Public Safety.

"I've parked off campus since day one and never had a problem," McDonald said.

McDonald was upset the ticket was from Public Safety, as he was parked on a public street. He immediately went to the Department of Public Safety, where he spoke with one of the administrative assistants.

"I complained then about how Public Safety has absolutely no right to gain revenue off a city-owned street," he said.

But according to Public Safety Director Harold Burke-Sivers, it does.

Because students are required to follow University policies as a condition of enrollment, they can be ticketed for breaking the parking regulations set by the University, which includes the neighborhood "no parking" zones.

However, McDonald called Portland Police Bureau and inquired if Public Safety was allowed to issue tickets for parking on public roads.

"I asked them specifically what authority UP has to ticket. They said ‘none,'" he said.

But the difference is the ticket from Public Safety is a private fine imposed by the University, like a library fine or any penalty for violating UP policy. It does not have the legal weight a citation from PPB would have.

PPB told McDonald the issue seemed to be more of a "personality clash" between himself and the neighbor, and that he should park elsewhere.

Sophomore Aubrey Wilmes was also ticketed for parking on a public street.

Wilmes was parked on North Fiske Avenue in September and returned to her car to find a $50 fine. There was no sign telling her she was not allowed to park there.

"I didn't realize it was an unauthorized parking area," she said. "They didn't tell you that."

That was the first time Wilmes was ticketed, and she ended up paying the fine.

McDonald chose to petition his fine at UP's traffic court, and did not have to pay, but he was still found guilty of parking in an unauthorized zone. He was informed of the decision through an e-mail.

According to Burke-Sivers, the "no parking" zones are part of a neighborhood agreement. The agreement was set in place about 10 years ago, when neighbors began to complain about the excessive number of student cars parked in the area.

"The neighbors can't park close to their residences," Burke-Sivers said. "It's not in the whole neighborhood, but the area defined in parking regulations."

There are two segments of the neighborhood where UP restricts parking by students and staff. One is north of Willamette Boulevard and south of North Princeton Street between North Olin Avenue and North Wall Avenue, and the other is North Warren Street and North Willamette Lane between North Monteith Avenue and North Wall Avenue.

Students may not park there between 8:00 a.m. and 4:00 p.m. on school days.

Monitoring off-campus parking is not unique to UP. For example, Concordia University and Lewis and Clark College restrict student parking in their respective neighborhoods.

The main purpose behind the agreement is to maintain a good relationship with the community. Burke-Sivers said neighbors occasionally call to complain about students who are parked in the restricted areas.

"It's just about a livability issue," he said. "The neighborhood seems to think it's helping."

Holly Demers, who lived on North Portsmouth Avenue for 35 years before recently moving, thinks that the real parking concern is during game days for the Pilots.

"If you ask any of us, it's the games," she said. "It's not so much students as parents who are attending too."

According to Burke-Sivers, the "no parking" zone does not apply for events and games.

However, Demers commented that UP does inform the neighbors about those occasions.

"They send out the dates of the games," she said. "Its kind of like a pre-warning. That's how the neighbors are supposed to take it."

Demers' main concern is students' cars blocking driveways, and the lack of visibility due to overcrowded streets. But she also said students are compliant when asked to move.

"Generally they are pretty down-to-earth kids," she said.

Demers says she expects UP makes sure students are aware of the parking rules.

Burke-Sivers said Public Safety issues a pamphlet explaining the parking and traffic regulations to all students who sign up for an on-campus parking pass. It can also be picked up at the Public Safety office or found online. Burke-Sivers added that students are welcome to call Public Safety anytime if they need clarification.

Though it is stated in UP's traffic regulations that cars can be towed, Burke-Sivers explains that cars are towed only if they are assumed to be abandoned and Public Safety is unable to contact the owner.

Burke-Sivers said they try not to ticket students immediately.

"The first offense we typically treat like a warning," he said.

If the student ignores the fine, the amount is doubled and they are given another grace period to pay. If it is ignored again, a boot may be placed on a student's car until the fine is paid. If the fine remains at the end of the year, it is turned over to student accounts.

Burke-Sivers also said they have no way of knowing if a parked car is a student's vehicle. But if they do accidentally ticket a neighborhood resident's car, the person can bring in proof of residency, such as a utility bill, and the fine will be dropped.

If parents or visitors to the university are accidentally ticketed, they can explain the situation to Public Safety and the fine will be dismissed.

Students are held accountable for paying fines, as the license plate numbers are attached to names in a statewide database that Public Safety can use for verification, Assistant Director of Public Safety Steve Watson said.

According to Rowena Bramlette, UP director of budgets for Financial Affairs, the money from parking fines goes into a general Public Safety fund.

"We don't break it down into how much this fine generates," she said. "It's just looked at as total revenue gain. It goes back to Public Safety."

For the 2009-2010 fiscal year, Public Safety made approximately $4,700 from traffic fines.

Although Public Safety does make some money from parking fines, Burke-Sivers said that's not why they issue tickets.

"We are not aggressively going out," he said. "We are here to serve students, not raise money."