University Policy 3231

Code of Virginia Section 23.1-1301, as amended, grants authority to the Board of Visitors to make rules and policies concerning the institution. Section 7.01(a)(6) of the Board of Visitors Bylaws grants authority to the President to implement the policies and procedures of the Board relating to University operations.

Code of Virginia Section 15.2-1720, as amended. Localities authorized to license bicycles, electric power-assisted bicycles, mopeds, and electric personal assistive mobility devices; disposition of unclaimed bicycles, electric power-assisted bicycles, mopeds, and electric personal assistive mobility devices

Code of Virginia Section 46.2-100, as amended. Motor Vehicles, Definitions

Code of Virginia Section 46.1-1078, as amended. Unlawful to operate motor vehicle, bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped while using earphones

Code of Virginia Section 46.2-904, as amended. Use of roller skates and skateboards on sidewalks and shared-used paths; operation of bicycles, motorized skateboards or foot-scooters, motor-drive cycles, electric power-assisted bicycles, and electric personal assistive mobility devices on sidewalks and crosswalks and shared-use paths; local ordinances

Board of Visitor Policy 1602, Disposition of Abandoned or Unclaimed Property

Abandoned Property – Property voluntarily relinquished or left by a person.

ADA Ramp – Any ramp or inclined path used instead of stairs as the primary access to University grounds or facilities by individuals with accessibility needs (in compliance with the 2010 Americans with Disabilities Act, as amended).

Bicycle - A device solely propelled by human power, upon which a person may ride either on or astride a regular seat attached thereto, having two or more wheels in tandem. A bicycle is a vehicle when operated on the highway [roadways] (Virginia Code § 46.2-100, & -800 et seq.).

Inoperable Property – Any device covered by this policy that is not capable of functioning to the standard originally designed for the device due to the absence of parts or broken nature of those parts.

Lost Property – Property not voluntarily relinquished, but deemed lost due to accident, forgetfulness, negligence, or not knowing the property’s whereabouts on the part of the owner.

University Property – Land and facilities that are owned by Old Dominion University or controlled by Old Dominion University via leases or other formal contractual arrangements to house ongoing University operations.

Pathways/Sidewalks – Pedestrian elements of the University and adjacent municipal transportation systems to include all outdoor paved, planked, graveled or other pedestrian routes on University property or contiguous with University property that are not vehicular rights-of-way, lots, garages, or loading zones.

Motorized and Non-Motorized Personal Transport Devices (PTDs) – Recreational devices and other variations of these devices that do not fall under strict definitions of bicycles but must also abide by the rules set forth in this policy. These include, but are not limited to, the following:

• Electric Power-Assisted Bicycle – A vehicle that travels on no more than three wheels in contact with the ground and is equipped with pedals that allow propulsion by human power and an electric motor with an input of no more than 750 watts that reduces the pedal effort required of the rider (Virginia Code § 46.2-100).
• Moped – A motorized device with three wheels or less and a seat, with a motor rated at 1.5 horsepower or less with a cylinder displacement of less than 50CC’s, top speed of 35 mph and requiring a state-issued license plate (Virginia Code § 46.2-100). This includes gas power-assisted bicycles and motored scooters that meet these criteria.
• Motorized Skateboard or Scooter – Every vehicle, regardless of the number of its wheels in contact with the ground, that is powered in whole or in part by an electric motor, weighs less than 100 pounds, and has a speed of no more than 20 miles per hour on a paved level surface when powered solely by the electric motor. “Motorized Skateboard or Scooter” includes vehicles with or without handlebars but does not include electric power-assisted bicycles (Virginia Code § 46.2-100).
• Roller Skates/In-Line Skates – Any set of wheels in tandem, or not, attached to footwear.
• Scooter – A narrow platform mounted on tandem wheels with a handle to steer by turning the front wheel and propelled by human power.
• Skateboard – A board of any length, regardless of the number of wheels in contact with the ground, that has no seat but is designed to be stood upon by the operator and propelled by human power.

Recreational Use – Any use of a bicycle or PTD covered in this policy when operated for purposes other than commuter transit.

Site-furnishings – Elements of hardscape, paths, paving, foundations, trash receptacles, benches, landscaping, trees and vegetation, facilities, poles, posts, railings, ramps, artwork, and uninhabited extensions of buildings.

This policy applies to all employees, students, volunteers, and visitors to the institution. Employees include all staff, administrators, faculty, full- or part-time, and classified or non-classified persons who are paid by the University. Students include all persons admitted to the University who have not completed a program of study for which they were enrolled; student status continues whether or not the University’s programs are in session. Visitors include vendors and their employees, parents of students, volunteers, guests, uninvited guests, and all other persons located on property, owned, leased, or otherwise controlled by the University. Visitors also include riders on the portion of the Elizabeth River Trail that traverses University property.

This policy does not regulate golf carts, department cargo vehicles, any vehicle with a state-issued license plate, or accessibility-dependent devices such as wheelchairs or motorized chairs. Mopeds are included in this policy only to address the extent to which they may not share routes and parking facilities with bicycles and other PTDs covered by this policy. (See Policy 3230, Vehicular Access to University Property)

This policy does not apply to the University Police Department operated units in the line of duty or City of Norfolk Police and Emergency response operated units in the line of duty.

Bicycles and motorized and non-motorized personal transport devices (PTDs) must be operated and parked in designated areas in a responsible manner that prevents or mitigates personal injuries and promotes active transportation on University property.

Pedestrians always have the right-of-way. Bicycles and PTDs must not impede pedestrian right-of-way.

1. 1. Permitted and Prohibited Riding Areas and Behavior

      1. Bicycles and PTDs

         1. Use on Roadways, Pathways and Sidewalks - Bicycles and PTDs are permitted on designated University roadways, pathways and sidewalks and on areas contiguous to University property, except where signs prohibit use. Riders are encouraged to dismount when entering crosswalks.

         2. Use on Site-Furnishings - Bicycle and PTD riding is prohibited on all site-furnishings, lawns, athletic fields, and courts.

         3. Use in Buildings - Bicycle and PTD riding is prohibited in all University buildings, facilities, garages, parking lots. and loading zones. These devices (with the exception of skateboards) may not be walked through these buildings or facilities, except for direct access to and from approved spaces.

         4. Traffic Rules - Bicycles and PTDs must follow all posted signage across University property and rules set forth in this policy. All riders must abide by all Virginia Code Traffic rules and Police Department direction anywhere on University property.

         5. Lights, Headphones and Helmets - Virginia Code requires all bicycles and certain to be equipped with and use front and rear lights between the hours of dusk and dawn (Virginia Code § 46.2-1015). It is recommended that all riders wear some functioning lighting device when riding between the hours of dusk and dawn. Headphones (earbuds and earphones) shall not be worn in more than one ear when riding any device on University property. Virginia Code prohibits bicycle and PTD riding with earphones on or in both ears on highways in the Commonwealth (Virginia Code § 46.2-1078). The use of any handheld device in-hand on University property while riding a bicycle or PTD is prohibited. Although helmet use is not required when riding on University property, riders are strongly encouraged to wear a helmet whenever operating a bicycle of PTD.

         6. Maximum Speed and Dismounting - Riders should maintain appropriate speeds so as to not endanger the safety of themselves or anyone around them. All riders shall dismount when prompted by campus signage and when entering areas that are congested with pedestrian traffic. Electric scooters and electric bicycles that are not personally owned (rented) may only be operated in areas designated by the University. These areas are subject to change and are defined by GPS technology.

         7. Yielding and Signaling - According to Virginia Code, a person riding a bicycle or PTD on a sidewalk or shared-use pathway or across a roadway on a crosswalk shall yield the right-of-way to any pedestrian and shall on roadways, pathways, and sidewalks and give audible and hand signaling when passing or crossing pedestrians (Virginia Code §46.2-904). Skateboarders and PTD riders must also yield to pedestrians on roadways, pathways, and sidewalks.

         8. Number of Riders per Bicycle - Bicycles, skateboards and PTDs shall not carry more riders than the capacity for which they were originally designed.

         9. Recreational Use - Bicycles and PTDs may not be used to perform tricks in areas that prevent access to buildings or pathways. University buildings and site-furnishings may not be ridden on, over, or struck at any time, and riders will be responsible for any damage done to the facility or grounds.

      2. Self-Balancing Scooters (i.e., hoverboards)

         1. Due to continuing reports highlighting the safety and fire risk of self-balancing scooters, the use, possession, charging, and/or storage of these devices is prohibited on University property.

         2. If these devices are found on University property, they will be confiscated until they can be effectively removed.

      3. Mopeds

         1. According to Virginia Code, mopeds must be registered and titled with the Department of Motor Vehicles. All vehicles parked on University property must have a valid permit purchased from the Office of Transportation and Parking Services and be parked in the appropriately designated parking area (See Parking Regulations).

         2. Mopeds are not allowed to be locked to bike racks.

         3. As licensed vehicles, mopeds must be driven in the roadway and are not allowed to be ridden on pathways and sidewalks.

   2. Permitted and Prohibited Parking Areas and Behavior

      1. Bicycles

         1. Bicycles must only be locked to bike racks.

         2. Bicycles shall not take more than one space or prevent access to other bicycles on a bike rack.

         3. Bicycles may be stored inside a residential hall room, with agreement from all roommates.

         4. Bicycles may be stored by faculty and staff in their offices or in areas approved by the supervisor.

      2. Scooters and Motorized Scooters

         1. Motorized scooters cannot be locked to bike racks.

         2. Scooters and motorized scooters must only be parked adjacent to bike racks or in designated scooter corrals. They shall not prevent access to bicycles parked at a bike rack. Motorized scooters shall not be left attached to or blocking any access ramp, elevator, access railing, egress space, stairwell, or fire escape.

         3. Motorized scooter batteries may not be charged or stored inside any University building, or at any outdoor electric outlet on University property.

      3. Electric Power-Assisted Bicycles

         1. Electric power-assisted bicycles must only be locked to bike racks and may not be stored or operated in campus buildings.

      4. Prohibited Parking Areas and Methods for All Devices

         Prohibited parking areas and methods for all devices are those that

         1. Obstruct entry and exit doorways and passages.

         2. Obstruct or are attached to stairwells, stairways, and ramps.

         3. Impede access to handrails.

         4. Are attached to site-furnishings, light poles, signposts, railings, trees, any vegetation, landscaping, and grounds.

         5. Obstruct roadways, pathways, building entrances, and sidewalks.

   3. Bicycle Registration

      it is encouraged to register all bicycles operated on University property by students, faculty, and staff with the Office of Transportation and Parking Services.

   4. Lost, Stolen, Relinquished and Abandoned Bicycles and PTDs

      1. If a bicycle or PTD is suspected lost or stolen, the University Police Department should be contacted with identifying information.

      2. If what appears to be a lost or stolen bicycle or PTD is found, the University Police Department should be contacted with identifying information.

      3. Abandoned, lost, inoperable. and prohibitively parked bicycles and PTDs may be collected by the University.

      4. The Office of Transportation and Parking Services oversees the abandoned/inoperable/lost/prohibitively parked bicycle collections process:

         1. Bicycles identified as abandoned or inoperable will be tagged ten days prior to collection with information explaining why the bicycle has been identified for collection; the lock will be cut and the bicycle collected ten days after tagging if the bicycle is not removed before that time.

         2. Bicycles found locked or attached to any ADA ramp, elevator, access railing, egress space, stairwell, fire escape, or otherwise prohibitively parked will be removed immediately.

         3. After collection, a good faith effort will be made to contact the owner of the bicycle if it is registered. Bicycles will be held for 120 days from the day of collection, according to University Lost/Abandoned property rules. If the owner cannot be reached after 120 days, the bicycle will be accepted as University property.

         4. Collected bicycles held past 120 days will either be donated to a local charity organization, sold at public auction, or recycled.

         5. The University will not be responsible for replacing or compensating for locks damaged during the collection process.

   5. Violations and Infractions

      1. Bicycles and PTDs operated by community members affiliated with ODU may be removed or banned from University property for violating this or other University policies.

      2. The University Police Department and the Office of Transportation and Parking Services may assess fines and fees for violations of this policy or for abandoned bicycle collection procedures.

      3. Violations and infractions will be reported first to the University Police Department. Students may also be reported to the Office of Accountability & Academic Integrity (OSAAI) for disciplinary action.

   6. Responsibilities

      1. The Office of Transportation and Parking Services is responsible for developing and managing the registration process, producing a Bicycle and Pedestrian Plan for campus, developing standards for bicycle and PTD use on University property, and processing forfeited abandoned bicycles.

      2. The University Police Department, the Outdoor Adventure Program, and the Office of Transportation and Parking Services are responsible for promoting adherence to traffic rules, regularly demonstrating proper security techniques, and promoting safe and responsible bicycle and PTD use on University property through specific events, programs, and campaigns.

Records of abandoned bicycles or PTDs are retained for three years and then destroyed in accordance with the Commonwealth's Records Retention and Disposition Schedule (Schedule 117, Series 012300).

Director of Transportation and Parking Services

• Consumer Product Safety Commission Hoverboard Safety Alert
• Board of Visitors Policy 1602 – Disposition of Unclaimed or Abandoned Property
• University Policy 1002 – Code of Ethics