General loading zones provide short-term access to the curb for people to pick up or drop off goods in their personal vehicles. They generally operate during business hours and revert back to adjacent parking regulations at all other times. They are not for exclusive use by one business or their patrons and will be sited by the Color Curb team for maximum utility and visibility. In some cases general loading zones may not be sited right at the applicant's front door.

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*Some limited exceptions may apply. Please contact us to assess your eligibility if you are unsure whether you qualify at ccp@sfmta.com

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In July of 2015, the North Dakota Supreme Court made an important ruling in the case of Kroschel v. Levi, 2015 ND 185, which has had a significant impact on the jurisdictional limits of campus police. The Supreme Court has held several times that “a police officer acting outside his jurisdiction is without official capacity and without official power to arrest.”  In Kroschel, the North Dakota Supreme Court found that the Memorandum of Understanding between NDSU Campus Police and the Fargo Police Department was legally insufficient as it had never been approved by the Board of Higher Education. The Supreme Court also relied upon North Dakota State Statutes which provide that campus police may only act to enforce laws and regulations on property belonging to and/or under the control of the institution. Because campus police officers only have jurisdiction at their institutions, they are without the official power to make arrests beyond campus property.

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The installation fee is due only if and when the application has been approved and should not be combined with the application fee.

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In February of 2016, an NDSU police officer stopped an individual for being illegally parked on a city street which borders campus property. The individual was later arrested by the NDSU officer and was cited for DUI. See, Case Number 09-2016-CR-00933. At that point, I filed a motion and argued that the charges against the Defendant be dismissed in accordance with the Kroschel decision. The State tried to argue that the arrest was lawful and that campus property extended to areas bordering NDSU’s institution. The East Central District Court of North Dakota relied on the Kroschel decision and held that dismissal was proper, as the street where the stop and arrest occurred was not a part of campus property.

For many years the North Dakota State University Campus Police and the Fargo Police Department operated under a Memorandum of Understanding, which essentially granted NDSU Police to patrol and make arrests anywhere within the City of Fargo. Several universities and municipalities, including UND and the Grand Forks Police Department, used to operate under similar agreements. In fact, according to a 2015 Bureau of Justice Statistics report, about seven in 10 campus law enforcement agencies had some type of formal written agreement with outside police departments in the 2011-12 academic year, 86 percent of university police department jurisdictions extended to areas adjacent to campus, and 71 percent had jurisdiction outside the area around campus.

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The application fee is due with the application for general loading zones. Government agencies providing public services, and non-profits that provide free services exclusively to seniors and people with disabilities are the only entities exempt from fees.

A non-refundable application fee is required for general loading zones. If approved, general loading zones are required to be renewed, with a renewal fee, every two years.

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It is clear based on Kroschel that campus police do not have authority to stop or arrest outside campus jurisdiction unless unique circumstances are present, however campus police continue to test the boundaries of this decision.

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This website is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with O’Keeffe O’Brien Lyson Attorneys through this website does not form an attorney/client relationship. .

General loading zones are designed for businesses or a collection of businesses that generate a significant amount of pickups or drop-offs, typically 10 or more per hour. They are not designed for residential blocks or blocks with a small number of businesses on them. The most common businesses that are eligible are restaurants or any business that has high pickup or drop-off volume and very quick customer transactions. In addition, businesses (such as passenger or freight delivery companies) that make pickups or drop-offs to a commercial area may be eligible to apply and be approved for a general loading zone. Please consult with the Color Curb team to assess your eligibility before paying the application fee as it is non-refundable.

Campus police have continued to make unlawful arrests since the Supreme Court’s decision in Kroschel was entered. However, the North Dakota District Courts have followed the Supreme Court’s ruling in Kroschel and the criminal charges stemming from some of these unlawful arrests have been dismissed.

These zones are meant to be shared by visitors to multiple businesses on a block. Any vehicle parked for more than five minutes in a general loading zone is subject to citation and towing.

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APPLICATION FEE IS NON-REFUNDABLE. Consult with the Color Curb team to review your eligibility before paying the application fee. You may also consider other types of color curbs as they may be a better fit for your business.

Within its decision in Kroschel, the Supreme Court did go on to explain that campus police can be called to provide municipal police with temporary assistance, beyond campus property, in unique situations. Unfortunately, campus police around the state have had a difficult time following and interpreting this decision.

According to court documents filed in the Northeast Central District Court of North Dakota, case number 18-2015-CR-02420, an individual was stopped by a UND Police Officer on October 29, 2015 for speeding, and was subsequently cited for DUI. The defense attorney filed a Motion to Dismiss the DUI charge, relying partly on the Kroschel decision, and argued that that the traffic stop had occurred outside of the campus police officer’s jurisdiction. The State argued that unlike the circumstances in Kroschel, the street where this Defendant was stopped and arrested by UND police was surrounded by campus buildings and affiliated establishments. The Court ultimately agreed with the arguments of the defense attorney and eventually dismissed the Defendant’s DUI charge.