WSR 98-17-074
PERMANENT RULES
EVERETT COMMUNITY COLLEGE
[Filed August 18, 1998, 8:55 a.m.]
Date of Adoption: August 12, 1998.
Purpose: To set forth statutes to protect and control vehicular and pedestrian traffic on property maintained by District 5.
Citation of Existing Rules Affected by this Order: Amending WAC 132E-16-003, 132E-16-008, 132E-16-010, 132E-16-012, 132E-16-040, 132E-16-070, 132E-16-215, 132E-16-280, 132E-16-240, 132E-16-300, 132E-16-330, and 132E-16-340.
Statutory Authority for Adoption: Chapter 34.05 RCW, RCW 28B.50.140(10).
Adopted under notice filed as WSR 98-14-109 on July 1, 1998.
Changes Other than Editing from Proposed to Adopted Version: Reason for Adoption of Rule: The purpose of chapter 132E-16 WAC is to provide college regulations to protect and control traffic and parking on property managed and maintained by Everett Community College.
Prior to the August 12, 1998, rule revision, chapter 132E-16 WAC was last codified in 1969. The revision was made to bring the regulations current to meet present day conditions.
The authority to adopt campus traffic regulations is among those powers vested in the board of trustees by RCW 28B.50.140.
Description of Changes in Text: The college published text of the proposed WAC revision in the state register. That text was provided to the board of trustees for review in a study session conducted on July 22, 1998.
As a result of response to public comment (summarized in the section below), the text of the revision, as adopted by the board of trustees on August 12, 1998, was different than the published text. The material changes to the text are described as follows:
1. Clarifications to the definitions of staff, guests and visitors, WAC 132E-16-003.
2. A clarification that permits are to be issued for parking of vehicles upon the college's property rather than for the operation of them while on the college's property, WAC 132E-16-008.
3. A clarification of permit requirements for vendor and delivery activities, WAC 132E-16-010.
4. A stipulation that the parking provisions of labor agreements will be honored, WAC 132E-16-010.
5. The addition of a provision for the issuance of temporary parking permits for short term activities and events, WAC 132E-16-010.
6. The addition of a provision relating to the payment of parking fees by clientele of tenants of the college, WAC 132E-16-010.
7. A clarification relating to the display of permits, WAC 132E-16-012.
8. An expansion of the WAC text governing right of way issues involving pedestrians, WAC 132E-16-040.
9. Clarification of the provisions relating to the impounding of vehicles, WAC 132E-16-070.
10. A clarification relating to the setting of fees and fines and to the place of payment for those fees and fines, WAC 132E-16-215.
11. Clarifications relating to publishing of the schedule of fines and service fees, WAC 132E-16-240, 132E-16-280.
12. A clarification related to the use on sidewalks of wheelchairs or like conveyances by handicapped persons, WAC 132E-16-300.
13. A stipulation that persons involved in orientation, registration, testing and admissions activities would be considered as guests for purposes of the traffic and parking regulations, WAC 132E-16-330.
14. A revision of the provision for metered visitor parking to address visitor parking in situations either with or without metered spaces, WAC 132E-16-330.
15. A clarification relating to complimentary parking passes, WAC 132E-16-330.
16. A clarification that a carpool permit would be issued to each student carpool group, WAC 132E-16-330.
17. A stipulation that the intended effective date of the revised rule would be according to the provisions of WAC 3-05-380 [RCW 34.05.380], WAC 132E-16-340.
Summary of Public Comments and Agency Consideration of Comments: A rule-making hearing was conducted on August 4, 1998, to receive oral public comment. Written public comments were also received.
By subject matter, the public comments and the college's response to them are summarized as follows:
1) The proposed WAC was in conflict with provision of negotiated labor agreements.
The WAC was revised to provide assurance that provisions of negotiated labor agreements would be honored.
2) A concern was expressed about the arbitrary and unilateral setting of fees set by the college president.
The WAC was revised to stipulate that fees would be established by the president in collaboration with others.
3) The need for charging parking fees to employees was questioned.
The practice of charging parking fees to employees is considered to be equitable as a user fee; employees who choose not to bring a car onto the campus for parking are not expected to pay parking fees.
4) An equitable rate structure among employees should exist for parking charges.
The provision for established parking rates for employees in the WAC is not considered to be inherently inequitable.
The WAC was revised to stipulate that parking and traffic regulations will honor provisions of negotiated labor agreements, including those related to parking fees.
The WAC was revised to stipulate that fees and fines will be established in collaboration with the college administration, the employee bargaining units and students.
5) Provisions of the WAC for visitor parking were problematic.
The WAC was revised to indicate that persons coming to campus for registration, orientation, testing and admissions activities would be considered as guests.
The WAC was revised [to] make the issuance of complimentary parking permits more flexible.
6) Various concerns were expressed about the enforcement of certain provisions of the WAC.
Staffing is expected to be adequate to enforce the regulations during special events and at remote locations.
Office hours for the Security Office are adequate to assure presence of someone to issue visitor permits.
The requirement for a handicapped person to go to the Security Office and then return to his/her car to display the issued permit is not considered to be a hardship.
The time and trouble to follow up on fine collection is an extension of the enforcement of regulations and is necessary.
The WAC was revised to clarify the permit requirements for vendor and delivery personnel.
The WAC was revised to more clearly state the provisions relating to right of way matters which involve pedestrians.
The WAC was revised to allow the use of any type of wheelchairs or like conveyances on college sidewalks by disabled persons.
7) The WAC seems to conflict with RCW 11.08.070 which covers parking for handicapped persons.
RCW 11.08.070 is not a valid citation. A review of RCW Title 46 RCW for Motor Vehicles did not reveal a conflict between the proposed WAC and state law.
8) The WAC was not clear with respect to the number of student car pool passes that could be issued.
The WAC was revised to clarify that a permit would be issued to each student car pool.
9) The WAC contains an internal conflict in that tourists are allowed to drive through the campus without a permit and that anyone operating a vehicle on campus is required to obtain a permit.
The WAC was revised to remove the conflict.
10) The hearing officer should be directed to rule on a motion during the rule-making hearing.
The hearing is of a legislative nature for the purpose of receiving public comment and is not of an adjudicative nature.
11) The setting of parking permit fees is subject to collective bargaining.
As a result of collective bargaining, there are labor agreements in place for both faculty and for classified personnel. Both agreements speak definitively to the payment of fees by union members.
The proposed WAC does not include fee or fine rates and thus is not in conflict with negotiated agreements.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 11, amended 19, repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 11, amended 19, repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 4, amended 8, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Thirty-one days after filing.
August 14, 1998
Juli Boyington
Rules Coordinator
OTS-2313.2
AMENDATORY SECTION (Amending Order 1969-2, filed 2/3/69)
WAC 132E-16-001 Objectives of traffic rules and
regulations. (((1) To protect and control pedestrian and
vehicular traffic;
(2) To assure access at all times for emergency equipment;
(3) To minimize traffic disturbance during class hours;
(4) To facilitate the work of the college by assuring access
to its vehicles and to assign the limited parking space for the
most efficient use.)) (1) To facilitate the operations of Everett
Community College (EvCC) by assuring access to it by vehicles;
and
(2) To provide safe pedestrian, bicycle, and vehicular traffic ingress and egress to the EvCC campus and satellite sites; and
(3) To assure access to the EvCC campus and satellite sites at all times for emergency, maintenance and custodial equipment; and
(4) To minimize traffic disturbance during class hours; and
(5) To manage and to enforce vehicular traffic and parking on the EvCC campus and satellite sites.
[Order 1969-2, § 132E-16-001, filed 2/3/69; Emergency Orders, filed 2/3/69, 11/21/68.]
NEW SECTION
WAC 132E-16-003 Definitions. Everett Community College (EvCC): For the purpose of these rules and regulations, the EvCC campus includes all property owned or operated by the college including the main campus, the EvCC Fitness Center (gym), Aviation Training Center at Paine Field, the Advanced Technology Training Center (ATTC) in South Everett, and the Cosmetology facility in Marysville, or any street, roadway, or parking lot owned, leased, or maintained by EvCC.
These rules and regulations shall also be applicable to all state lands which are or may hereafter be devoted mainly to educational, research, recreational, or parking activities of Everett Community College.
Staff: All employees - full-time and part-time - of Everett Community College and those employees of Western Washington University and Edmonds Community College whose duty station is on the EvCC campus.
EvCC parking lots: Located as follows:
Between North Broadway on the east, Wetmore Avenue on the west, Tower Street on the north and 10th Street on the south.
East and west of Waverly Avenue at Tower Street.
Physical Education/Fitness Center (gym) - 1220 Rockefeller Street.
Aviation training site - Paine Field.
ATTC - south Everett.
Cosmetology - Marysville.
Guest: A person or group of people who are on the EvCC campus at the invitation of the college or who are attending an event, training, a seminar, or a class for which space has been rented, leased, or provided by the college, tenants of the college and their clientele. Note: Clientele of tenants of EvCC are subject to the provisions of this code: Payment of parking fees of clientele of tenants may be arranged through the tenant lease agreement or paid by the client.
Visitor: A person or group of people visiting the EvCC campus who are not employees, students, or guests of the college.
Unresolved violation notice: An unresolved traffic violation notice is one for which the violator has failed to pay the fine in the time required; or for which the appeal has been completed and the judgment on review was "sustained," but the violator has failed to pay the fine.
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AMENDATORY SECTION (Amending Order 1969-2, filed 2/3/69)
WAC 132E-16-005 Applicable traffic rules and
regulations((--Areas affected)). ((The traffic regulations which
are applicable upon state lands devoted mainly to the educational
activities of Everett Community College are as follows:
(1) The motor vehicle and other)) In addition to these rules
and regulations, the traffic laws and regulations of the state of
Washington ((shall be applicable upon all lands located within
the state of Washington.
(2) The traffic code of Everett, Washington, and)),
Snohomish County ((shall also be applicable to all state lands
which are or may hereafter be devoted mainly to educational,
research, recreational, or parking activities of Everett
Community College)), city of Everett and city of Marysville
apply.
[Order 1969-2, § 132E-16-005, filed 2/3/69; Emergency Orders, filed 2/3/69, 11/21/68.]
NEW SECTION
WAC 132E-16-008 Authority. (1) The Everett Community College director of campus safety and the security staff have the authority to enforce these rules and regulations. They may issue parking and traffic citations, impose fines, impound and/or immobilize vehicles, and control and regulate traffic as set forth in these rules and regulations.
(2) The college security office is authorized to issue all permits to park a motor vehicle on the EvCC campus.
(3) The EvCC security office is authorized to place signs, barricades, and other structures and to paint marks and other pedestrian and traffic directions upon/or in the EvCC campus parking lots for the regulation of traffic and parking that will provide safe ingress to and egress from the EvCC campus.
(4) The authority and powers conferred upon the Everett Community College director of campus safety by these regulations shall be subject to delegation by him/her to his/her subordinates, or a designee in writing.
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AMENDATORY SECTION (Amending Order 1969-2, filed 2/3/69)
WAC 132E-16-010 Permits required for vehicles on campus.
((All students, faculty members, administrative staff members and
employees using motor vehicles for transportation to and from
Everett Community College are required to register their vehicles
and must park said vehicle on campus.
Except as provided in WAC 132E-16-015 and 132E-16-090 of
these regulations,)) (1) No person shall ((drive any vehicle, nor
shall any person)) stop, park, or leave ((any)) a motor
vehicle((, whether attended or unattended,)) upon ((the campus
of)) grounds maintained by Everett Community College without a
parking permit issued by the ((security department)) college
security office.
(((1) Permission to drive on campus or to park thereon will
be shown by display of a valid permit issued by the security
department.
(2) A valid permit is:))
(a) ((An)) Businesses engaged in delivery service to the
campus are exempt from obtaining a parking permit.
(b) Vendors and those engaged in product sales are required to obtain a "vendor" parking permit.
(2) Upon payment of the parking permit fee and registration
of their vehicles at the security office, students and staff
shall be issued the appropriate staff or student parking permits.
A current, unexpired parking ((decal properly registered and))
permit which is displayed ((in accordance with instructions; or
(b) A temporary permit authorized by the security department
and displayed in accordance with instructions on the permit; or
(c) A parking permit issued by a security department
attendant, which must be displayed on the vehicle in accordance
with instructions.
(3) Parking permits are not transferable)) as directed by
the security office, shall constitute a valid permit and evidence
of permission by EvCC to stop, park or leave a vehicle upon
grounds owned, operated, or maintained by Everett Community
College.
A temporary parking permit may be authorized by the security office for short-term classes, seminars, conferences, and/or events.
(3) When a staff member or student acquires a new or different vehicle it shall be necessary to register the new vehicle with the college security office when it is first driven onto campus. No new fees for parking will be required and a new permit will be issued if necessary.
(4) Guests of EvCC may obtain "guest" parking permits by registering their vehicles at the security office. The guest will be instructed to display the parking permit on the dashboard at the driver's side of the vehicle with the permit date able to be read from outside the vehicle.
(5) Failure to purchase or obtain an EvCC parking permit and to properly display the permit is a violation of these rules and regulations.
(6) Parking permits will not be required of government owned and licensed vehicles.
(7) Provisions within negotiated labor agreements of the college will be honored.
(8) Clientele of tenants of EvCC are subject to the provisions of this code. Payment of parking fees of clientele of tenants may be arranged through the tenant's lease agreement or paid by the client.
[Order 1969-2, § 132E-16-010, filed 2/3/69; Emergency Orders, filed 2/3/69, 11/21/68.]
NEW SECTION
WAC 132E-16-011 Failure to register. Persons other than those exempted elsewhere in these regulations who park a motor vehicle on the EvCC campus and who fail to obtain a valid parking permit are in violation of these rules and regulations.
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NEW SECTION
WAC 132E-16-012 Display of permits. The EvCC parking permit shall be displayed in accordance with these regulations. Expired student parking permits shall be removed before the new permit is attached to the vehicle. The permit shall be displayed in or on a vehicle and must be positioned so that the permit number and any expiration date are clearly visible to parking enforcement staff. Expired staff parking permits should be removed. Parking permits not displayed in accordance with the provisions of this section is a violation of these rules and regulations. Parking permits shall be displayed by the first day of the second week of each academic quarter.
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NEW SECTION
WAC 132E-16-013 Permit holder responsibilities. Pursuant to these regulations, any person issued a valid parking permit shall be responsible for all violations involving the vehicle for which the permit was issued. Improper operation of a vehicle with a valid EvCC parking permit on the EvCC campus by someone other than the registered holder of the parking permit shall not relieve the registrant of responsibility for his/her vehicle.
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NEW SECTION
WAC 132E-16-014 Permit periods. All staff parking on the EvCC campus shall be on a permit basis. Staff permits may be purchased by the quarter or annually. Student parking permits shall be purchased quarterly.
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NEW SECTION
WAC 132E-16-015 Parking. (1) The director of campus safety is authorized to designate and to mark the various parking areas and spaces on the EvCC campus with numbers or letters and by the posting of signs in these areas.
(2) No vehicle shall be parked on the EvCC campus except in those areas specifically set aside and designated as vehicle parking areas. Every vehicle parked on campus must be parked within a single defined parking space. The fact that other vehicles are parked so as to require occupying a portion of more than one space shall not constitute an excuse for a violation of this section.
(3) No vehicle shall be parked in a parking space without a permit for that specific area or space, except as provided for in other sections of these regulations.
(4) Only vehicles needed for maintenance and landscaping may be parked on planted grounds, or on any walkways or pathways intended for pedestrians.
(5) No vehicle may be parked in colored curb zones, fire lanes, driveways, pedestrian walkways, or loading and service areas.
(6) No vehicle shall be parked in such a manner that when the parked vehicle reenters the traffic, entry will be against the designated parking lot traffic flow.
(7) Parking spaces will be designated for staff, visitor, car pool, disabled persons, and reserved. The allocated parking spaces are exclusively for use by those designated, provided that the appropriate parking permits are obtained by the users and are displayed properly upon their vehicles. People with disabilities - staff, visitors, and students - shall be given parking priority whenever possible within close proximity to offices, classrooms, or access ways.
(8) No student or staff member shall park in a handicapped designated parking space without possessing either a Washington state permanent handicapped permit or an EvCC temporary handicapped parking permit approved by the center for disability services and issued by the college security office. A visitor to EvCC may park in a handicapped space only with a valid Washington state handicapped parking permit and an EvCC visitor's pass issued by the security office.
(9) After 1:00 p.m., student "car pool" parking on the EvCC campus will be "open parking," and after 7:00 p.m., parking on the EvCC campus will be "open parking."
(10) The exception to the "open parking" section will be during an emergency or during a special event involving the EvCC campus.
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AMENDATORY SECTION (Amending Order 1969-2, filed 2/3/69)
WAC 132E-16-020 Speed. (1) No ((vehicle)) person shall
((be operated on)) drive a motor vehicle upon the EvCC campus at
a speed ((in excess of ten miles per hour or such lower speed
as)) greater than is reasonable and prudent ((in the
circumstances)) under the conditions and having regard to the
actual and potential hazards then existing. In every event speed
shall be so controlled as may be necessary to avoid colliding
with any person, vehicle, or other conveyance on or entering the
campus in compliance with legal requirements and the duty of all
persons to use due care.
(2) No one shall operate a motor vehicle ((of any type shall
at any time use the campus and/or lands devoted to educational,
research, recreational or parking for Everett Community
College,)) on EvCC grounds, streets, walks, parking lots or
maintained sites for the purpose of testing, racing or other
activities deemed unlawful by code WAC 132E-16-005.
[Order 1969-2, § 132E-16-020, filed 2/3/69; Emergency Orders, filed 2/3/69, 11/21/68.]
AMENDATORY SECTION (Amending Order 1969-2, filed 2/3/69)
WAC 132E-16-030 Regulatory signs and directions. Drivers
of vehicles operated on the EvCC campus shall obey all posted
regulatory traffic and parking signs ((posted by the college)).
Drivers ((of vehicles)) shall also comply with reasonable verbal
directions given ((them)) by ((officers)) employees of the EvCC
security ((department in the control and regulation of traffic))
office.
[Order 1969-2, § 132E-16-030, filed 2/3/69; Emergency Orders, filed 2/3/69, 11/21/68.]
AMENDATORY SECTION (Amending Order 1969-2, filed 2/3/69)
WAC 132E-16-040 Pedestrians--Right of way. (1) ((The
operator of a vehicle shall yield the right of way, slowing down
or stopping, if need be, to so yield to any pedestrian crossing
any street or roadway within a crosswalk, but no pedestrian shall
suddenly leave a curb or other place of safety and walk or run
into the path of a vehicle which is so close that it is
impossible for the driver to yield.
(2) Whenever any vehicle is stopped at a marked crosswalk or
at any unmarked crosswalk at an intersection to permit a
pedestrian to cross a crosswalk, the operator of any other
vehicle approaching from the rear shall not overtake and pass
such stopped vehicle.
(3) Every pedestrian crossing a roadway at any point other
than within a marked crosswalk or within an unmarked crosswalk at
an intersection, shall yield the right of way to all vehicles
upon the street or roadway.
(4) Pedestrian traffic on a street or roadway where a
sidewalk is provided shall proceed upon such a sidewalk.
Pedestrians upon a street or roadway where no sidewalk is
provided shall proceed on the extreme left-hand side of the
roadway, facing oncoming traffic, and upon meeting an oncoming
vehicle shall stop to their left and clear of the street or
roadway.)) Stopping for pedestrian. The operator of an
approaching vehicle shall stop and remain stopped to allow a
pedestrian to cross the roadway within a crosswalk unmarked or
marked when the pedestrian is upon or within one lane of the half
of the roadway upon which the vehicle is traveling or onto which
it is turning.
(2) Pedestrian sudden movements. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to stop.
(3) Subsection (1) of this section shall not apply under the conditions stated in subsection (6) of this section.
(4) Overtaking vehicles stopped for pedestrian. Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
(5) Yield right of way. Every pedestrian crossing a roadway at any point other than in a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway.
(6) Curb ramps. Where curb ramps exist at or adjacent to intersections or at marked crosswalks in other locations, disabled persons may enter the roadway from the curb ramps and cross the roadway within or as closely as practicable to the crosswalk. All other pedestrian rights and duties as defined elsewhere in this code remain applicable.
[Order 1969-2, § 132E-16-040, filed 2/3/69; Emergency Orders, filed 2/3/69, 11/21/68.]
AMENDATORY SECTION (Amending Order 1969-2, filed 2/3/69)
WAC 132E-16-070 ((Disabled and)) Inoperative vehicles--Impounding. No ((disabled or inoperative)) vehicle shall be
parked on the EvCC campus for a period in excess of ((forty-eight)) twenty-four hours without the approval of the college
security office. Students and members of EvCC staff may leave
their vehicles parked in a designated campus parking area in
excess of the twenty-four hour rule only while away from EvCC on
official EvCC business and upon proper notification to the
security office. Vehicles ((which have been)) parked ((for
periods)) in excess of ((forty-eight)) twenty-four hours ((and
which appear to be disabled or inoperative)) may be impounded and
stored at the expense of ((either or both)) the registered owner
((and operator thereof)) of the vehicle. Neither the college nor
its employees shall be liable for loss or damage of any kind
resulting from ((such)) impounding and storage.
[Order 1969-2, § 132E-16-070, filed 2/3/69; Emergency Orders, filed 2/3/69, 11/21/68.]
AMENDATORY SECTION (Amending Order 1969-2, filed 2/3/69)
WAC 132E-16-090 Special traffic and parking regulations and
restrictions authorized. ((Upon)) During special events or
occasions ((causing additional heavy)) that result in a greater
than normal traffic flow and during ((emergencies)) any
emergency, the college security ((department is authorized to))
office may impose additional traffic and parking regulations
and/or restrictions ((for the achievement of the objectives in
WAC 132E-16-001 of these regulations)) involving vehicle speed
and/or parking as deemed appropriate for the situation. Special
traffic and parking restrictions will only be in effect as long
as the situation dictates.
[Order 1969-2, § 132E-16-090, filed 2/3/69; Emergency Orders, filed 2/3/69, 11/21/68.]
NEW SECTION
WAC 132E-16-094 Motorcycle parking. In order to provide space on the EvCC campus, motorcycles shall only be parked in spaces designated and reserved for motorcycles. Motorcycles require an EvCC parking permit.
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NEW SECTION
WAC 132E-16-095 Bicycle parking. No bicycle shall be parked on a path or sidewalk, or on any landscaped area on the EvCC campus. Bicycles shall only be parked in areas designated and reserved for bicycles. No parking permit is required for the operation or parking of a bicycle on the EvCC campus.
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AMENDATORY SECTION (Amending Order 1969-2, filed 2/3/69)
WAC 132E-16-130 Permit revocation. (((1))) Parking permits
((are the property of the college and)) may be ((recalled by the
dean of students)) revoked for any of the following reasons:
(((a))) (1) When the purpose for which the permit was issued
changes or no longer exists.
(((b))) (2) When a permit is used ((by an unregistered)) on
a vehicle ((or by an unauthorized individual)) not registered
with the college security office.
(((c) Falsification on a parking permit application.
(d) Continued violations of parking regulations.
(e) Counterfeiting or altering of stickers.
(f) When it is in the best interest of the college)) (3) For
willful or continued violation of college parking regulations.
(4) For falsification of information provided on the permit application.
[Order 1969-2, § 132E-16-130, filed 2/3/69; Emergency Orders, filed 2/3/69, 11/21/68.]
AMENDATORY SECTION (Amending Order 1969-2, filed 2/3/69)
WAC 132E-16-140 ((Duplicate permits for faculty and staff
personnel.)) Transferable parking permits--Staff member. ((Full-time faculty and staff personnel may apply on a separate
application for a second car permit without charge.)) A parking
permit assigned to a vehicle owned by a staff member and
registered with the security office is transferable to any
vehicle owned by the staff member provided the alternate vehicle
is also registered with the security office.
[Order 1969-2, § 132E-16-140, filed 2/3/69; Emergency Orders, filed 2/3/69, 11/21/68.]
NEW SECTION
WAC 132E-16-215 Parking permit fee, service fee and parking fine. (1) Parking permit fees, service fees and parking fines shall be established by the EvCC college president in collaboration with the bargaining units, administration and students, and published in a fee schedule.
(2) Payment for parking permits shall be made to the cashiers' office or by payroll deduction for employees who choose this method.
(3) The date established to file for payroll deduction for staff parking permits will be established each academic year by the payroll office.
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AMENDATORY SECTION (Amending Order 1969-2, filed 2/3/69)
WAC 132E-16-220 Procedure--Issuance of ((summons--Traffic
tickets)) traffic violation notice. Upon violation of any of
these regulations, an ((officer)) employee or designee of the
college security ((department)) office may issue ((a summons or
traffic ticket)) an EvCC traffic violation notice setting forth
the date, ((the approximate)) violation time, ((the locality, and
the nature of the)) violation location, the vehicle license
number and general description of the vehicle, and nature of the
violation. ((Such summons may)) The traffic violation notice
will be served by attaching ((or affixing a)) the pink copy
((thereof)) to the vehicle ((allegedly involved in such
violation, or by placing a copy thereof in some prominent place
outside such vehicle,)) or by personally serving the ((operator))
traffic violation notice to the alleged violator.
[Order 1969-2, § 132E-16-220, filed 2/3/69; Emergency Orders, filed 2/3/69, 11/21/68.]
AMENDATORY SECTION (Amending Order 1969-2, filed 2/3/69)
WAC 132E-16-230 ((Grievance proceedings--Bond for
appearance--Date of hearing.)) Traffic violation notice--Appeal
procedure. (1) ((The summons or)) Any traffic ((ticket))
violation notice issued pursuant to ((WAC 132E-16-220 and 132E-16-240 of)) these regulations shall direct the alleged violator
to ((appear at the business office within forty-eight hours.
(2) All appeals on traffic violations (tickets) may go
through the following procedure: Security officer, dean of
students, disciplinary committee and the college president.
(3) The dean of students, upon receipt of the student's
written grievance, will arrange time and place to discuss the
violation with the student.
(4) A representative of the security department may be
present when violators are brought before the dean of students))
pay the specified fine at the security office or cashier's
office. If the alleged violator elects to appeal the traffic
violation notice, she/he shall provide the director of campus
safety with a written explanation of the circumstances
surrounding the alleged traffic violation within five working
days of the issue date of the traffic violation notice. No
appeal shall be accepted after five working days following
issuance of the violation notice.
(2) Upon receipt of the written appeal for an alleged violation, the director of campus safety shall set a mutually agreeable date, time and location to review the alleged violation and written explanation of the circumstances surrounding the alleged violation. During the review, a representative of the college security office and a representative of the alleged violator may be present. The review shall be set for no later than five working days from receipt of the written appeal. Within three working days following the completion of the review, the director of campus safety shall issue a written decision concerning the appeal. The written decision shall be limited to: Traffic violation notice sustained - the violation occurred as stated; traffic violation not sustained - the violation did not occur as stated (case dismissed for lack of proper violation); traffic violation notice dismissed - the violation did not occur; traffic violation notice warning - the violation did occur and an admonishment given in lieu of a fine.
(3) In the event that the violator is a student and she/he fails to comply with the final decision of the director of campus safety, all further EvCC parking privileges of the student shall be forfeited, and the student may not be able to obtain college records or to register for subsequent quarters until all fines are paid.
(4) Staff members are responsible for following the procedures established in this section to resolve parking violation notices.
[Order 1969-2, § 132E-16-230, filed 2/3/69; Emergency Orders, filed 2/3/69, 11/21/68.]
AMENDATORY SECTION (Amending Order 1969-2, filed 2/3/69)
WAC 132E-16-240 Fines and penalties. ((The)) Fines ((or
penalties to be assessed)) for violations of these regulations
shall be as follows:
(1) ((A)) Fines ((of $2.00)) will be levied for ((all
violations on campus and for unauthorized)) parking ((in
restricted areas)) violations that occur on the EvCC campus. A
schedule of fines shall be published in the EvCC Student Handbook
and on the parking citation form, and a copy of the fine schedule
shall be available in the security office.
(2) All violators ((who fail to report within a forty-eight
hour period on a violation will be subject to a fine of $4.00.
(3) A student who has an accumulation of traffic violations
will be referred to the dean of students, and if necessary, to
the disciplinary committee for further action)) who pay fines
within two working days will have the assessed fines reduced by
fifty percent.
(3) All EvCC staff and students who fail to display a current permit by the second week of classes shall be subject to receive a parking violation notice.
(4) If a student fails or refuses to pay an uncontested fine that has been outstanding for over five working days, the student may not be able to obtain college records or to register for subsequent quarters until all fines are paid.
(5) Upon the showing of mitigating circumstances, the college security office may grant an extension of time within which to comply with a traffic violation notice.
(6) Resolution of traffic violations is the responsibility of the violator.
(7) Unpaid traffic violations are unpaid debt owed to Everett Community College.
[Order 1969-2, § 132E-16-240, filed 2/3/69; Emergency Orders, filed 2/3/69, 11/21/68.]
AMENDATORY SECTION (Amending Order 1969-2, filed 2/3/69)
WAC 132E-16-280 Impounding of vehicles. Any vehicle parked
((upon state lands devoted mainly to the educational purposes of
Everett Community College)) with more than five unresolved
parking violations of these regulations or parked in violation of
these regulations ((including the motor vehicle and other traffic
laws of the state of Washington, and the traffic code of the city
of Everett as incorporated in WAC 132E-16-005,)) in excess of
twenty-four hours may be impounded ((and taken to such place for
storage as the security officer selects. The expenses of such
impoundings and storage shall be charged to the owner or operator
of the vehicle and paid by him prior to its release)) from the
EvCC campus. The vehicle may be impounded and stored following
the issuance of a traffic violation notice by the EvCC security
department. The traffic violation notice shall be posted at a
conspicuous place on the vehicle. The cost incurred for the
towing and storage of an impounded vehicle is the responsibility
of the vehicle owner. Payment of impounding and storage fees is
between the owner of the impounded vehicle and the tow/storage
company. Vehicles impounded by means of an immobilizing device
shall be charged a service fee according to the current fee
schedule depicted in the EvCC Student Handbook. The college and
its employees shall not be liable for loss or damage of any kind
resulting from ((such)) impounding and storage.
[Order 1969-2, § 132E-16-280, filed 2/3/69; Emergency Orders, filed 2/3/69, 11/21/68.]
NEW SECTION
WAC 132E-16-285 Impoundment without notice. A vehicle may be impounded without notice to the owner and/or operator under the following circumstances:
(1) When, in the judgment of the director of campus safety, or his/her designee, the vehicle is obstructing or impeding the flow of traffic on the EvCC campus; or
(2) When, in the judgment of the director of campus safety, or his/her designee, the vehicle poses an immediate threat to public safety.
[]
AMENDATORY SECTION (Amending Order 1969-2, filed 2/3/69)
WAC 132E-16-290 ((Accidents, must report.)) Traffic
accident--Reporting. The operator of any vehicle involved in
((an)) a traffic accident on the EvCC campus ((resulting in))
which results in vehicle damage, property damage, and/or injury
((to)) or death ((of any)) to another person ((or total or
claimed damage to either or both vehicles of any amount)), shall
((within twenty-four hours after such accident)) make a written
report ((thereof)) to the ((security office on forms to be
furnished by said office. This)) EvCC director of campus safety
within twenty-four hours following the accident. The written
report of the accident shall include complete details of the
vehicle operator, the complete description of vehicles and
persons involved, including vehicle passengers, and any witnesses
present at the time of the accident. The report shall also
include a detailed narrative describing the accident. Reporting
a traffic accident to the EvCC director of campus safety does not
relieve any person ((so)) involved in ((an)) a traffic accident
on the EvCC campus from ((their)) the responsibility to file a
state of Washington motor vehicle accident report form.
[Order 1969-2, § 132E-16-290, filed 2/3/69; Emergency Orders, filed 2/3/69, 11/21/68.]
AMENDATORY SECTION (Amending Order 1969-2, filed 2/3/69)
WAC 132E-16-300 ((Two-wheeled motor bikes or bicycles.))
Motor bikes, bicycles, skateboards, roller blades, etc.--Operation on the EvCC campus. (((1) All two-wheeled vehicles
empowered by motor or foot shall park in a space designated by
the security office.
(2) No vehicle shall be ridden on the sidewalks on campus at
any time.)) No motor bike, bicycle, skateboard, roller blade or
other variation of motorized or self-propelled device, excluding
a wheelchair (or like conveyance) used by a disabled person,
shall be driven or ridden on EvCC sidewalks or other pedestrian
accesses at any time except for those specifically authorized by
the EvCC security office.
[Order 1969-2, § 132E-16-300, filed 2/3/69; Emergency Orders, filed 2/3/69, 11/21/68.]
AMENDATORY SECTION (Amending Order 1969-2, filed 2/3/69)
WAC 132E-16-320 Tourists ((and visitors--Exemption from
permit requirements)). ((The security department may allow)) A
tourist((s and visitors)) may drive through the EvCC campus
parking lots without a parking permit((s to drive through the
campus without parking, provided, however, that said parties may
be required to wait at the entrance to the campus during the time
at which classes change)). If a tourist decides to park his/her
vehicle on campus, the vehicle operator or designee must obtain a
guest parking permit from the EvCC security office.
[Order 1969-2, § 132E-16-320, filed 2/3/69; Emergency Orders, filed 2/3/69, 11/21/68.]
AMENDATORY SECTION (Amending Order 1969-2, filed 2/3/69)
WAC 132E-16-330 Visitors ((and)), guests and special
parking. (1) ((All visitors and)) A guest((s, salesmen,
maintenance or service personnel and all other members)) of the
((public who are not)) college ((employees or students, will park
in available space as)) shall be directed by the security
((department)) office to park in any unrestricted parking space
available on the EvCC campus. Those persons involved in testing,
orienting, registering and admission to EvCC shall be considered
guests for the purposes of this code.
(a) ((Members of the board of trustees and others designated
by the college may be given complimentary annual permits.))
Complimentary parking permits may be given at the direction of
the president of Everett Community College.
(b) Federal, state, county, city and school district
personnel on official business and in vehicles with tax exempt
((licenses will be allowed to park in designated areas)) license
plates are exempt from obtaining an EvCC parking permit. A guest
parking permit will be issued upon request by the vehicle
operator.
(c) Vehicles owned by contractors and their employees
working on campus construction ((will)) shall be parked in
designated areas as directed by the director of campus safety. A
special permit shall be issued by the security office for each
contractor's vehicle ((so)) parking on the EvCC campus.
(d) Visiting academic or administrative personnel from other
colleges or universities and guest speakers will be ((parked, as
far as possible, in a visitors section)) issued "guest parking
permits" and may park in any unrestricted parking space available
on the EvCC campus.
((Responsibility for making parking arrangements for guests
will rest with the sponsoring department.))
(e) ((Members of the press, television and radio on official
business will park in designated areas.)) Responsibility for
making parking arrangements for guests will rest with the
sponsoring department through the director of campus safety.
(f) Visitor parking may be metered. If visitor parking is metered, visitors to the college shall be directed to park in metered "visitor" parking stalls. Those parking at metered "visitor" parking stalls with "expired" time will be subject to a traffic violation notice. If visitor parking is not metered, visitors shall be directed to park in visitor parking stalls.
(2) Special permits.
(a) ((A special)) Guest parking permit will be issued to
((those using a car)) a person using vehicles other than their
primary vehicles, on a temporary basis.
(b) The security ((department)) office will assist college
departments which sponsor functions such as conferences,
seminars, dinners, and similar events in arranging reserved
parking. Advance notice must be given in writing by the
sponsoring department to the ((security department)) director of
campus safety at least ten days prior to the event.
(c) One student car pool parking permit capable of being moved from one registered vehicle to another within a student car pool membership will be issued to each designated student car pool.
(d) Individual car pool permits will be issued to each member of a registered staff car pool.
[Order 1969-2, § 132E-16-330, filed 2/3/69; Emergency Orders, filed 2/3/69, 11/21/68.]
AMENDATORY SECTION (Amending Order 1969-2, filed 2/3/69)
WAC 132E-16-340 Adoption. The board of trustees of the
Community College District No. 5 acting for the Everett Community
College((, find that the immediate adoption of the foregoing
traffic regulations of Everett Community College is necessary for
the preservation of public safety and general welfare. The
observance of the requirements of notice and opportunity to
present views on the proposed traffic regulations would be
contrary to the public interest, therefore, the board adopts the
traffic regulations as an emergency rule. The reason for the
finding is that due to an oversight, notice and hearing on the
regulations were not regularly scheduled and it is imperative
that regulations be in effect for 90 days to provide time for
notice and hearing. That regulations are necessary for the
safety of the students and other users of the Everett Community
College campus and for the safety of the general public and the
general welfare of the public and property owners adjacent or
near to the campus of the Everett Community College)) do hereby
adopt these rules and regulations for the safety of the students,
staff and other users of the Everett Community College campus and
for the safety of the general public and the general welfare of
the public and property owners adjacent or near to the campus of
Everett Community College.
Approved August 12, 1998, by motion 98-08-003.
This code is effective on the date established in RCW 34.05.380, following the code's adoption by the board of trustees, and shall remain in full force until revised or repealed.
[Order 1969-2, § 132E-16-340, filed 2/3/69; Emergency Orders, filed 2/3/69, 11/21/68.]
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 132E-16-050 Parking--Permits required.
WAC 132E-16-060 Parking within designated spaces.
WAC 132E-16-080 Exceptions from traffic and parking restrictions.
WAC 132E-16-100 Authorization for issuance of permits.
WAC 132E-16-110 Number of parking areas.
WAC 132E-16-120 Allocation of parking space.
WAC 132E-16-150 Faculty and staff permit periods.
WAC 132E-16-160 Fees for permits for student upper lot parking.
WAC 132E-16-170 Payment for parking permits.
WAC 132E-16-180 Display of permits.
WAC 132E-16-190 Responsibility of person to whom permit issued.
WAC 132E-16-200 Issuance of parking permits.
WAC 132E-16-210 Location of parking areas.
WAC 132E-16-250 Mitigation and suspension of penalties.
WAC 132E-16-260 Enforcement of determination of the dean of students.
WAC 132E-16-270 Regulatory signs, markings, barricades, etc.
WAC 132E-16-310 Delegations of authority.