**Art. 1 Law on the Allocation and Use of Parking Spaces in the Cantonal Administration Law on the Allocation and Use of Parking Spaces in the Cantonal Administration**

1 This law regulates the allocation and use of State-owned or leased parking spaces for the needs of State employees and teachers (hereinafter referred to as employees) and magistrates.

2 It also applies to requests submitted by students attending administrative buildings and by third parties.

1. Requests for authorization for the use of a parking space must be submitted in writing to the Department, which is responsible for the allocation, management, and definition of the conditions of use, as well as for the determination of fees.

2. This competence may be delegated to other services or institutions, and particularly to educational institutions.

The allocation and use of parking spaces are established by administrative law contract or through authorization.

1 The individual authorization act or contract may provide for specific terms of use.

2 It is prohibited to grant or transfer the use of the assigned parking space to third parties; exceptions may be permitted with prior authorization from the competent authority.

3 Access to parking areas is permitted during usual working hours; in particular cases, the competent authority may extend access to the area for 24 hours or for the entire week.

4 In case of loss or theft of the parking area access system (key, remote control, or card), the replacement costs shall be fully charged to the holder.

The parking spaces reserved exclusively for charging electric vehicles may be occupied for a maximum time period, which will be indicated in the authorization or contract, in order to ensure rotation among users. In the absence of such indications, the maximum time period is limited to 5 hours.

1 The authorization may be amended or revoked at any time for reasons of public interest, without compensation.

2 It may also be revoked without compensation in the event of a violation of legal provisions or the conditions to which it is subject.

3 The authorization lapses upon termination of the employment relationship with the State of the Canton of Ticino.

1 The contract may be terminated with a notice period of 15 days, effective at the end of a month.

2 The contract is dissolved upon the termination of the employment relationship with the State of the Canton of Ticino.

3 For reasons of public interest or in the event of a violation of legal or contractual provisions, the contract may be terminated with immediate effect and without compensation.

The authorization or contract may be transferred to third parties only with the prior consent of the competent authority.

1 There is no right to the assignment of a parking space.

2 Parking spaces are reserved with priority for

a) service vehicles;

b) the vehicle of the custodian in the property where they carry out their work activity.

3 A limited number of parking spaces may be reserved for urgent service interventions and for external users.

4 The remaining parking spaces are assigned according to the following order of priority

a) employees and users with a permanent physical impairment;

b) employees who regularly require a private vehicle for service reasons or who carry out their activity in multiple locations: the frequency of vehicle use is considered a priority element;

c) magistrates;

d) employees who do not have regular public transport available to reach their workplace or to return to their domicile;

e) other employees: in this case, the time taken for the commute from home to the service location is considered a priority;

f) students: in this case, the time taken for the commute from home to the school location is considered a priority;

g) third parties.

5 Parking at school locations may be assigned to teachers on a rotational basis according to the occupancy rate.

1. For parking spaces assigned according to Art. 9 para. 4, a user fee is due, regardless of the propulsion system of the vehicles.

2. For employees, magistrates, and students, the monthly fee is set within a minimum and a maximum according to the following categories

a) Indoor parking spaces (garages): from fr. 80.-- to fr. 300.--;

b) Covered parking spaces: from fr. 70.-- to fr. 200.--;

c) Uncovered parking spaces: from fr. 60.-- to fr. 150.--;

d) Parking spaces on unpaved ground or grid elements: from fr. 20.-- to fr. 50.--.

3. If a parking space in school premises is assigned on a rotating basis, the fee is calculated proportionally.

The use of parking spaces for bicycles, mopeds, scooters, and motorcycles is exempt from tax.

1 Taxes are determined according to prudential commercial criteria, taking into particular consideration the economic advantage for the applicant.

2 For third parties, the tax is established based on local market conditions.

1 The authorization or the contract may provide that periodic fees be adjusted to an index, within the limits of the law.

2 Indexation falls within the competence of the Department.

1 For employees and magistrates, monthly fees are deducted from their salaries.

2 In the event of delegation to educational institutions, the monthly fees payable by teachers and students are collected by the school administration, which will remit the corresponding amount to the competent authority.

3 For particular administrative or accounting needs, other collection methods may be decided by the competent authority or, by delegation, by other services or institutions.

4 For third parties, payment methods are established in the authorization act or in the contract.

1 The State disclaims all liability for damages caused to vehicles located in the parking area and to items contained within them.

2 The impossibility, caused by third parties, of occupying the assigned parking space does not give rise to claims against the State.

1 Cases of unauthorized occupation of a parking space are reported to the competent authority for the initiation of disciplinary proceedings.

2 Any actions for damages are reserved.

1 An appeal against decisions of the competent authority may be lodged with the Council of State in accordance with the provisions of the Administrative Procedure Act of 24 September 2013. [1]

2 An appeal against decisions of the Council of State may be lodged with the Cantonal Administrative Court. [2]

[1] Para. amended by L 24.9.2013; in force since 1.3.2014 - BU 2013, 480.

[2] Para. introduced by L 2.12.2008; in force since 27.1.2009 - BU 2009, 24.

With the entry into force of this Law, all contracts stipulated under the previous regime shall lapse and, upon request of the current beneficiaries, will be replaced by new contracts or authorizations governed by this Law; there is no vested right to maintain the previous usage fee.

III (BU 2006, 28)