WSR 04-07-127

PROPOSED RULES

UNIVERSITY OF WASHINGTON


[ Filed March 22, 2004, 9:31 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-21-085.

Title of Rule: Chapter 478-116 WAC, Parking and traffic rules of the University of Washington, Seattle.

Purpose: These rules support the parking, police, and transportation organizations at the University of Washington, Seattle.

Statutory Authority for Adoption: RCW 28B.10.560 and 28B.20.130.

Statute Being Implemented: RCW 28B.10.560 and 28B.20.130.

Summary: The proposed amendments to chapter 478-116 WAC, Parking and traffic rules of the University of Washington, Seattle, update and clarify the language of various sections; make minor changes to the university's parking permit program; add a late payment fine and revise some fine amounts for parking and traffic violations; and streamline the impoundment rules.

Reasons Supporting Proposal: These clarifications and changes to chapter 478-116 WAC are endorsed by the university's parking, police, and transportation organizations and approved by the University Transportation Committee.

Name of Agency Personnel Responsible for Drafting: Diana Perey, Director of Transportation Services, 106 Bryant Building, University of Washington, Seattle, WA, (206) 685-1567; Implementation: Weldon Ihrig, Executive Vice-President, 306 Gerberding Hall, University of Washington, Seattle, WA, (206) 543-6410; and Enforcement: Vicky Peltzer, Police Chief, 1117 N.E. Boat Street, University of Washington, Seattle, WA, (206) 543-0521 and Carl Root, Parking Services Manager, 3901 University Way N.E., University of Washington, Seattle, WA, (206) 543-5571.

Name of Proponent: University of Washington, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 478-116 WAC, Parking and traffic rules of the University of Washington, Seattle, is being amended to clarify the intent of the rules, provide operational continuity, and make the fine schedule consistent with similar parking violation fines used by the city of Seattle.

Proposal Changes the Following Existing Rules: The proposal amends the following sections of the Washington Administrative Code:

(1) By making general language clarifications to the rules in WAC 478-116-061, 478-116-101, 478-116-111, 478-116-114, 478-116-165, 478-116-167, 478-116-171, 478-116-181, 478-116-191, 478-116-211, 478-116-251, 478-116-253, 478-116-255, 478-116-271, 478-116-301, and 478-116-670.

(2) By updating the university's parking permit program details and making language clarifications to the rules in WAC 478-116-051, 478-116-116, 478-116-121, 478-116-125, 478-116-131, 478-116-141, 478-116-145, 478-116-161, 478-116-184, 478-116-186, 478-116-201, and 478-116-227.

(3) In WAC 478-116-311, by revising the amount of various fines and adding a new late payment fine.

(4) In WAC 478-116-431, by removing a promissory note stipulation for impoundments and making language clarifications to the rules.

(5) In WAC 478-116-520 and 478-116-531, by adding an explanation of the late payment fine and making language clarifications to the rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapter 478-116 WAC does not impose a disproportionate impact on small businesses.

RCW 34.05.328 does not apply to this rule adoption. Chapter 478-116 WAC is not considered a significant legislative rule by the University of Washington.

Hearing Location: Room 309, Husky Union Building (HUB), University of Washington, Seattle, Washington, on April 29, 2004, at 12:00 noon.

Assistance for Persons with Disabilities: Contact UW Disability Services Office by April 15, 2004, TDD (206) 543-6452 or (206) 543-6450.

Submit Written Comments to: Rebecca Goodwin Deardorff, Director, Rules Coordination Office, via United States mail, University of Washington, 4014 University Way N.E., Seattle, WA 98105-6203, campus mail Box 355509, e-mail rules@u.washington.edu, fax (206) 616-6294, by April 29, 2004.

Date of Intended Adoption: May 21, 2004.

March 18, 2004

Rebecca Goodwin Deardorff

Director, UW Rules

Coordination Office

OTS-6998.2


AMENDATORY SECTION(Amending WSR 01-20-030, filed 9/26/01, effective 10/27/01)

WAC 478-116-051   Definitions.   (1) Access card. A card issued by parking services that actuates the automatic gate arms controlling certain parking areas.

(2) Allowed meter time. The maximum time allowed on a pay meter at any one time.

(((2))) (3) Assign/assignment. Area(s) designated for a person to park.

(((3))) (4) Bicycle. Any device defined as a bicycle in chapter 46.04 RCW.

(((4))) (5) Campus. The state lands located in Seattle, Washington devoted mainly to the activities of the University of Washington.

(((5))) (6) Designate/((designated)) area designator. Parking area assignment for a person to park per WAC 478-116-261. An area designator is the permit information that identifies a driver's assigned parking area(s).

(((6))) (7) Fee. A charge for the use of the permit issued.

(((7))) (8) Hours of operation. The hours of operation assigned by parking services to a particular parking area, parking lot, or parking space.

(((8))) (9) Impoundment. The removal of the vehicle to a storage facility either by an officer or authorized agent of the University of Washington police department.

(((9) Key card. A plastic card which actuates the automatic gate arms controlling certain parking areas, and is issued by parking services.))

(10) Legal owner. Person(s) having a security interest in a vehicle perfected in accordance with chapter 46.12 RCW or the registered owner of a vehicle unencumbered by a security interest.

(11) Motorcycles and scooters. A motor vehicle designed to travel on not more than three wheels in contact with the ground, on which the driver rides astride the motor unit or power train and is designed to be steered with a handle bar. For the purposes of these rules, motorcycles, motorized bicycles, and scooters are considered to be motor vehicles and are subject to all traffic and parking rules controlling other motor vehicles.

(12) Motor home. A motor vehicle or portable vehicle with facilities for human habitation which include lodging and cooking and ((garbage)) waste disposal.

(13) Nonmotor/nonmotorized vehicle. A device other than a motor vehicle used to transport persons. ((Nonmotor)) Nonmotorized vehicles include, but are not limited to, bicycles, skateboards, roller blades and roller-skates.

(14) Operator or driver. Every person who drives or is in actual physical control of a motor vehicle or ((nonmotor)) nonmotorized vehicle.

(15) Parking space. A space ((designated)) for parking one motor vehicle designated by: Lines painted on either side of the space, and/or at the rear of the space, a ((concrete block)) wheelstop positioned in the front of the space, a sign or signs, or other markings.

(16) Pedestrian. Any person afoot, as defined in chapter 46.04 RCW.

(17) Permit. A document issued by parking services that authorizes a person to park.

(18) Register/registration. The listing of any motor vehicle with parking services, for the purposes of obtaining a parking permit for the university.

(19) Registered owner. The person ((whose)) who has the lawful right of possession of a vehicle ((has)) most recently ((been)) recorded with any state department of licensing.

(20) Reissue. The replacement of a permit when the original has been stolen, lost, or following a change of parking lot designation, or vehicle(s).

(21) Renewal/renew. The replacement of ((an expired)) a parking permit ((at the end of the permit's effective period)) prior to its time of expiration.

(22) Reserved. Area for individuals who have been assigned a "reserved" designator.

(23) Roller-skate/roller blade. A device used to attach ((a wheel or)) wheels to the foot or feet of a person.

(24) Skateboard. Any oblong board of whatever composition, with a pair of ((small)) wheels at each end, which ((device)) may be ridden by a person.

(25) Traffic. ((Vehicular)) Motorized and ((nonvehicular)) nonmotorized modes of transportation defined in chapter 46.04 RCW.

(26) University. The University of Washington.

(27) University vehicle. A state of Washington-owned, university-operated motor vehicle.

(28) Vehicle. Any ((motor)) motorized vehicle or ((nonmotor)) nonmotorized vehicle.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 01-20-030, 478-116-051, filed 9/26/01, effective 10/27/01; 97-14-005, 478-116-051, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 97-14-005, filed 6/19/97, effective 9/15/97)

WAC 478-116-061   Liability of the university.   The university assumes no liability for vehicles parked on university properties. No bailment but only a license is created by the purchase and/or issuance of a permit.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-061, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 01-20-030, filed 9/26/01, effective 10/27/01)

WAC 478-116-101   Numbering of parking areas, parking allocation and issuance of permits.   (1) Parking services shall designate and mark the various parking areas on the campus with numbers and/or letters and their hours of operation by the posting of signs in those areas.

(2) Parking services shall allocate parking spaces and hours of operation in a manner that will best satisfy the objectives of these rules.

(3) Parking services is authorized to issue permits to park.

(4) Permits issued by parking services shall ((be accompanied by small area designators specifying)) indicate the ((area or)) area(s) of parking for which the permit is valid. Parking services may change area assignments ((in a manner which will)) to promote ((the)) its objectives of these rules.

(5) All outstanding campus parking violation fines and penalties associated with the permit or motor vehicle registered (or to be registered) under the permit must be satisfactorily settled before a parking permit may be issued, reissued, or renewed.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 01-20-030, 478-116-101, filed 9/26/01, effective 10/27/01; 97-14-005, 478-116-101, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 01-20-030, filed 9/26/01, effective 10/27/01)

WAC 478-116-111   Valid permit.   A valid permit is one of the following:

(1) An unexpired and unrecalled vehicle permit ((and)) with an area designator that is properly registered and displayed on a vehicle in accordance with WAC 478-116-223.

(2) A temporary permit authorized by parking services and displayed in accordance with instructions on the permit.

(3) A parking permit issued by a gate attendant((,)) which ((shall be)) is displayed face up on the vehicle dashboard and ((shall be)) is fully visible from the exterior of the motor vehicle.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 01-20-030, 478-116-111, filed 9/26/01, effective 10/27/01; 97-14-005, 478-116-111, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 01-20-030, filed 9/26/01, effective 10/27/01)

WAC 478-116-114   Transferable permits.   (1) Permit holders may transfer one valid permit between motor vehicles ((when used by the permit holder)). Improper transfer of a permit shall include, but not be limited by, the wrongful sale, lending, or bad faith transfer of a parking permit.

(2) Permits displaying license plate numbers shall only be ((used)) valid in the vehicles whose license number ((is)) matches the number written on the permit.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 01-20-030, 478-116-114, filed 9/26/01, effective 10/27/01; 97-14-005, 478-116-114, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 97-14-005, filed 6/19/97, effective 9/15/97)

WAC 478-116-116   ((Temporary)) Alternate and replacement permits.   (1) Any permit holder may obtain ((without charge a temporary)) an alternate vehicle permit from parking services when ((necessary due to nonavailability of his or her permit. The temporary)) their assigned permit is unavailable for use. This permit shall not be used on a vehicle while the regular permit is used on another vehicle nor shall the request for issuance be allowed as a common practice for the permit holder.

(2) Any permit holder ((may obtain a replacement permit)), upon completion of a signed ((certificate as provided in the fee schedule)) replacement form from parking services, may pay for a replacement permit as provided in the fee schedule when ((his or her)) the assigned permit has been lost, stolen or destroyed.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-116, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 01-20-030, filed 9/26/01, effective 10/27/01)

WAC 478-116-121   Visitor parking.   (1) No permit shall be required for the following motor vehicles:

(a) Public safety and emergency vehicles while performing services;

(b) Marked taxis, marked tow trucks, marked commercial delivery vehicles and marked media vehicles which have agreed to comply with university guidelines and have received prior written approval ((of)) from parking services; and

(c) School buses and tour buses parking in ((designated)) assigned locations.

(2) Permits shall be ((provided)) available during parking ((service's)) services' hours of operation at no cost to the driver for the following:

(a) Unmarked commercial delivery motor vehicles under contract to the university, for limited time periods;

(b) Unmarked vehicles operated by members of the nonuniversity press presenting recognized credentials, while pursuing a story;

(c) Properly identified persons retired from the university but not reemployed by the university shall be provided complimentary parking. Their parking fee shall be recharged to the appropriate university department;

(d) For a limited time period, persons ((who drop)) dropping off and ((pick)) picking up children enrolled in ((established)) authorized university programs ((for limited time periods));

(e) Utility meter readers and other city, county or state agencies making inspections; and

(f) Contractors hired by the university for a particular job parked inside approved fenced construction sites or peripheral contractor parking areas approved in advance by parking services.

(3) University departments may pay parking services directly for all or part of the parking fees ((of)) for their guests((. The rate charged will be that of the "departmental commuter ticket." Parking services may establish mechanisms to allow departments to pay for all or part of the parking fee of sponsor department's guests)) based on the established fee schedule.

(4) University departments may pay parking services directly for the parking fees ((of their department's)) for employees not stationed on campus who are required to occasionally come to campus. The rate charged will be that of the (("departmental commuter ticket.")) gate issued permit hourly parking rate.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 01-20-030, 478-116-121, filed 9/26/01, effective 10/27/01; 97-14-005, 478-116-121, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 97-14-005, filed 6/19/97, effective 9/15/97)

WAC 478-116-125   Other types of permits.   (1) Temporary employees, maintenance or service personnel, contractors, persons serving the university without pay, and other visitors who must frequently visit the campus on official business, may be issued parking permits at the established rate.

(2) Parking designators, such as (("))reserve (R),((" "U," "US," and "SS")) universal (U), universal limited (UL), and service (S) may be issued by parking services upon payment of the ((prescribed)) established fee.

(3) Motor homes used by patients and their visitors shall be permitted in designated areas for not more than fifteen consecutive days, upon approval of parking services and payment of the established fee.

(4) Persons retired from the university who are reemployed at forty percent or less of full-time employment may purchase individual commuter tickets at the established rate or annual permits at forty percent of the annual permit ((cost)) fee.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-125, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 02-20-044, filed 9/25/02, effective 10/26/02)

WAC 478-116-131   Parking for events and other university functions.   (1) Parking for attendees to events that may displace regular parking customers or that may require added parking services staffing shall be accommodated only if parking services can find suitable alternatives for regular parking customers. Parking fees will be charged as follows:

(a) Parking for attendees at freshman convocation will be complimentary. Parking services will charge the cost of staff and services used expressly for the event to the sponsoring department;

(b) An event rate will be charged to attendees of events that require staffing to collect fees; and

(c) ((Parking services shall negotiate)) The cost of prepurchased parking and alternative transportation for Husky football games shall be negotiated with the department of intercollegiate athletics.

(2) Parking services may ((lease)) rent available parking facilities to sponsors of events((,)) or to university departments that require parking areas to conduct their business who shall pay in advance and be charged at a per ((stall)) space fee for the particular ((leased)) rented facility.

(3) Parking services may extend its hours of operations to encompass the hours of an event. The following conditions shall ((trigger charging)) require a parking fee for events scheduled outside the normal hours of operation:

(a) Any activity which in the judgment of parking services is expected to attract over five hundred vehicles to campus; or

(b) Any event requiring a city of Seattle special event permit.

(4) University departments which sponsor functions such as athletic events, conferences, seminars and dinners may arrange ((for)) parking ((of)) for their guests ((and this parking will be provided)) on a space available basis. Departments have the option of paying for ((guests')) guest parking((.)); otherwise, their guests will be responsible for the parking fee. Departments may also collect parking fees to facilitate prepaid parking ((and)) with the prior approval of parking services((' prior approval, departments may act as its agent in the collection of parking fees)).

(5) Parking services may displace permit holders from their regularly assigned areas during special events. Permit holders shall be provided an alternate area assignment during special events at no extra charge.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-20-044, 478-116-131, filed 9/25/02, effective 10/26/02; 97-14-005, 478-116-131, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 97-14-005, filed 6/19/97, effective 9/15/97)

WAC 478-116-141   Annual and quarterly permit periods.   The annual permit period begins July 1 of each year. Quarterly permit periods for staff and faculty parking begin July 1, October 1, January 1 and April 1 of each year. Quarterly permit periods for student parking ((begin each quarter at a date which predates the beginning of school, and is determined by parking services. Student quarterly permits are valid for ninety days)) start at the beginning of each academic quarter.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-141, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 01-20-030, filed 9/26/01, effective 10/27/01)

WAC 478-116-145   ((Evening)) Night and swing permits.   (1) ((Evening)) Night and swing((, annual, or quarterly)) permits ((are allowed)) allow for parking ((during)) within the period of time printed on the permit. Parking on Saturday is allowed in unrestricted areas unless otherwise reserved for event parking as authorized by parking services.

(2) Gate-issued or machine-issued evening permits are valid only until 7:30 a.m. of the following day.

(3) ((Evening)) Night permit holders((,)) who purchase gatehouse parking weekdays between ((7:30 a.m. -)) 2:30 p.m. and 4:00 p.m., will be charged the ((appropriate gatehouse entry parking fee)) night extension rate.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 01-20-030, 478-116-145, filed 9/26/01, effective 10/27/01; 97-14-005, 478-116-145, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 97-14-005, filed 6/19/97, effective 9/15/97)

WAC 478-116-161   ((Annual)) Parking fee payment.   Regardless of payment method used, payment for ((an annual)) a parking permit is the sole responsibility of the permit holder and failure to pay the parking permit fee is grounds for recall under WAC 478-116-184 (1)(d). The permit holder remains responsible for payment of parking fees until the permit is returned or expires. Payment for ((an annual)) a parking permit may ((only)) be made in one of the following ways:

(1) By cash, by Husky Card account debit, and by check or money order payable to the (("))University of Washington((" directly to parking services. Cash should not be sent by mail)). In the case of payment by Husky Card account debit, any previously uncollected fees will be charged to Husky Card accounts when sufficient balances become available.

(2) Permanent faculty and staff members ((on the regular monthly payroll may select the payroll deduction plan for payment of the annual permit only)) regularly receiving University of Washington semimonthly paychecks may pay for a permit by payroll deduction.

(a) Deductions will be ((made)) taken from ((each bimonthly)) the semimonthly paycheck for ((that month's parking installment)) the current period and for all previous parking periods not yet collected. Persons selecting this plan must complete a payroll deduction authorization form online or in person in addition to the appropriate parking permit application.

(b) Deductions ((will be)) are terminated by completing a payroll deduction termination form and returning any unexpired permit.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-161, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 97-14-005, filed 6/19/97, effective 9/15/97)

WAC 478-116-165   Vehicle and driver's licenses required.   Any applicant for a permit must possess a driver's license recognized as valid by the state of Washington ((and)). The vehicle for which the applicant seeks a permit must also be licensed and registered in a way recognized as valid by the state of Washington.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-165, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 97-14-005, filed 6/19/97, effective 9/15/97)

WAC 478-116-167   Right to refuse to issue a permit.   The university reserves the right to refuse the issuance of a parking permit. The basis for refusing to issue a parking permit includes, but is not limited to, the following circumstances:

(1) When the issuance would compromise or conflict with the mission of the university;

(2) When the applicant has falsified a parking permit application or ((failed to pay)) has unpaid parking fees and fines; or

(3) When the applicant has counterfeited or altered a permit, area designator, or ((key)) access card.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-167, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 97-14-005, filed 6/19/97, effective 9/15/97)

WAC 478-116-171   Responsibility of person to whom the permit is issued.   The person to whom a permit is issued pursuant to these rules shall be responsible for all violations of these rules involving that permit. Such responsibility does not afford a defense to another person who jointly violates these rules.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-171, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 97-14-005, filed 6/19/97, effective 9/15/97)

WAC 478-116-181   Refund conditions for parking permits.   (1) Refunds will be made for unused portions of permits which were paid for in full at the time of acquisition following the return of the permit to parking services. The refund schedule will be established by parking services.

(2) If the permit is being paid by using the payroll deduction plan, then a payroll deduction termination form must be completed.

(3) Any unpaid fine for a violation of these rules will be deducted from any refund due, including refunds due to revocation of parking privileges.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-181, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 97-14-005, filed 6/19/97, effective 9/15/97)

WAC 478-116-184   Recall of permits.   (1) Permits are the property of the university((,)) and may be recalled by parking services for any of the following reasons:

(a) When the purpose for which the permit was issued changes or no longer exists;

(b) When a permit, area designator, Husky Card or ((gate key)) access card is used by an unauthorized person;

(c) Falsification on a parking permit application;

(d) Nonpayment of parking fees;

(e) Counterfeiting or altering of permits, area designators or ((gate key)) access cards;

(f) Failure to comply with a final decision of the citation hearing office; or

(g) When the person to whom the permit is issued receives in excess of twelve citations under these rules within any twelve-consecutive month time period.

(2) Recall may take the form of denial of card access when applicable.

(3) Vehicles displaying recalled permits will be subject to impoundment on sight and confiscation of the permit for return to parking services.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-184, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 97-14-005, filed 6/19/97, effective 9/15/97)

WAC 478-116-186   Recall of carpool permits.   Abuse of carpool privileges, such as but not limited to carpools ((formed within one-half mile)) with members residing within the no carpool zone of campus, and/or falsified application information may constitute grounds for the university to ((suspend or revoke)) cancel parking privileges ((from the offender(s))). The no carpool zone is identified on the no carpool zone map available from parking services.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-186, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 97-14-005, filed 6/19/97, effective 9/15/97)

WAC 478-116-191   Regulatory signs, barricades, and markings.   (1) Signs, barricades, markings and directions shall be so made and placed ((as will)) to best meet the objectives stated in WAC 478-116-020 of these rules.

(2) No unauthorized person shall remove, move, deface, or in any way change a sign, barricade, marking, or direction so placed, or previously placed, for the purpose of regulating traffic or parking. Authority to make temporary changes of this nature with respect to streets or roadways must be obtained from the university police department.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-191, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 01-20-030, filed 9/26/01, effective 10/27/01)

WAC 478-116-201   Permits required for motor vehicles parked during hours of operation -- Assigned parking areas.   (1) Except as provided in WAC 478-116-121 and 478-116-151, no person shall park or leave any motor vehicle unattended by a licensed driver upon the campus during the hours of operation without a valid permit issued by parking services.

(2) Permission to park shall be shown by display of a valid permit. ((Possession)) Display of a ((gate key)) Husky Card debit account or access card does not, in itself, constitute permission to park in a designated parking area.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 01-20-030, 478-116-201, filed 9/26/01, effective 10/27/01; 97-14-005, 478-116-201, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 01-20-030, filed 9/26/01, effective 10/27/01)

WAC 478-116-211   Metered parking.   (1) Except as provided in subsections (2) and (3) of this section, any vehicle, other than a university vehicle, which occupies a metered space is subject to payment of the meter fee in accordance with the hours posted, even though the vehicle may display a valid permit.

(2) Vehicles displaying a disability permit or disability license issued by a state department of licensing shall not be subject to payment of the meter fee during the allowed meter time limit.

(3) Parking services may designate and post certain meters to allow valid permit holders to park at the meter for the allowed meter time without payment.

(4) Motor vehicles parked after the maximum time shall be subject to a citation for parking over the posted time limit.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 01-20-030, 478-116-211, filed 9/26/01, effective 10/27/01; 97-14-005, 478-116-211, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 97-14-005, filed 6/19/97, effective 9/15/97)

WAC 478-116-227   Permit transfer.   Parking permits((, parking credit cards, and key cards)) and other parking services authorized parking arrangements or permits issued to departments or individuals are not transferable between unregistered individuals, but can be transferred between cars operated by registered permit holder(s).

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-227, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 97-14-005, filed 6/19/97, effective 9/15/97)

WAC 478-116-251   Obeying regulatory signs and ((directions)) instructions.   (1) Operators of vehicles shall obey regulatory signs which are posted by the university consistent with the parking and traffic rules of the University of Washington.

(2) Drivers of motor vehicles shall also comply with ((directions)) instructions issued by members of parking services in the assignment and use of parking space and in the collection of parking fees.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-251, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 97-14-005, filed 6/19/97, effective 9/15/97)

WAC 478-116-253   Prohibited parking area(s).   (1) No motor vehicle shall be parked at any place where official signs prohibit parking such as, but not limited to, "tow zone," "fire zone," "prohibited," or "no parking."

(2) No motor vehicle shall be parked within fifteen feet of a fire hydrant.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-253, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 01-20-030, filed 9/26/01, effective 10/27/01)

WAC 478-116-255   Prohibited parking -- Space designated ((for a)) as disability or wheelchair.   No motor vehicle shall be parked in a disability, wheelchair ((area)) space or lot without an appropriate permit.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 01-20-030, 478-116-255, filed 9/26/01, effective 10/27/01; 97-14-005, 478-116-255, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 97-14-005, filed 6/19/97, effective 9/15/97)

WAC 478-116-271   Parking within a designated parking space.   No motor vehicle shall be parked so as to occupy any portion of more than one parking space or stall within a parking area or so as to extend beyond any marked rear stripe. The fact that other motor vehicles may have been so parked as to require the motor vehicle to occupy a portion of more than one parking space or stall shall not constitute an excuse or defense for a violation of this section. This section shall not apply to stack parking for athletic events.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-271, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 01-20-030, filed 9/26/01, effective 10/27/01)

WAC 478-116-301   Citation for motor vehicle violations.   (1) The university police department may issue a citation for a violation of these rules. The citation shall set forth the date, approximate time, locality, and nature of the violation. The citation shall be served upon the person charged with the violation by delivery, mail, or placement upon the vehicle involved.

(2) The following information shall be printed on the parking citation:

(a) The violation fine ((schedule)) and instructions for payment;

(b) Instruction for contesting the citation, including where to obtain petitions; and

(c) Notice that failure to pay fines or contest the citation within the time specified in these rules can result in the sanctions set forth in WAC 478-116-561.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 01-20-030, 478-116-301, filed 9/26/01, effective 10/27/01; 97-14-005, 478-116-301, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 01-20-030, filed 9/26/01, effective 10/27/01)

WAC 478-116-311   Motor vehicle fines and penalties.   The following schedule of fines for violation of the rules listed below is hereby established:

OFFENSE MAXIMUM FINE
01 Obstructing traffic or pedestrian

movements . . . . . . . . . . . .

WAC 478-116-245

$ ((30.00)) 35.00

02 Enter/exit without paying . . . . . . . . . . . .

WAC 478-116-251

25.00
03 Failure to lock ignition and/or set brakes . . . . . . . . . . . .

WAC 478-116-281

((10.00)) 15.00
04 Improper display of vehicle permit . . . . . . . . . . . .

WAC 478-116-223

((7.00)) 12.00
05 Permit not registered to this vehicle . . . . . . . . . . . .

WAC 478-116-227

5.00
06 Occupying more than one stall or space . . . . . . . . . . . .

WAC 478-116-271

((10.00)) 20.00
07 Parking in restricted parking area . . . . . . . . . . . .

WAC 478-116-251

((30.00)) 35.00
08 Parking in prohibited area . . . . . . . . . . . .

WAC 478-116-253

((30.00)) 35.00
09 Parking on planted areas . . . . . . . . . . . .

WAC 478-116-261

25.00
10 Parking out of assigned area . . . . . . . . . . . .

WAC 478-116-261

((10.00)) 15.00
11 Parking over posted time limit . . . . . . . . . . . .

WAC 478-116-251

((25.00)) 30.00
12 Parking with no valid permit displayed . . . . . . . . . . . .

WAC 478-116-201

((25.00)) 30.00
13 Parking at expired meter . . . . . . . . . . . .

WAC 478-116-211

((25.00)) 30.00
14 Parking outside cycle area . . . . . . . . . . . .

WAC 478-116-221

10.00
15 Parking in space/area not designated

for parking . . . . . . . . . . . .

WAC 478-116-261

25.00

16 Parking while privilege suspended . . . . . . . . . . . .

WAC 478-116-184

100.00
17 Use of forged/stolen vehicle permit . . . . . . . . . . . .

WAC 478-116-184 and 478-116-227

250.00
18 Use of revoked permit . . . . . . . . . . . .

WAC 478-116-231

100.00
19 Unauthorized overnight parking of a

motor home . . . . . . . . . . . .

WAC 478-116-125

50.00

20 Impound . . . . . . . . . . . .

WAC 478-116-291

At cost
21 Other violations of the university parking and traffic rules . . . . . . . . . . . .

25.00

22 Parking in space designated for disability or wheelchair . . . . . . . . . . . .

WAC 478-116-255

250.00
23 Penalty for failure to pay fine, respond, or comply with final decision of citation hearing office within time limits . . . . . . . . . . . .

WAC 478-116-520

25.00

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 01-20-030, 478-116-311, filed 9/26/01, effective 10/27/01; 97-14-005, 478-116-311, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 97-14-005, filed 6/19/97, effective 9/15/97)

WAC 478-116-431   Notice and redemption of impounded vehicles.   (1) Not more than ((twenty-four hours)) one business day after impoundment of any vehicle, the University of Washington police department shall mail a notice to the registered owner of the vehicle, as may be disclosed by the vehicle license number, if such be obtainable, and to any other person who claims the right to possession of the vehicle, if such a claim is known to an officer, agent or employee of the University of Washington police department who has knowledge of the impoundment. The notice shall be mailed to the registered owner at the address provided by the Washington state department of licensing or the corresponding agency of any other state or province. If a police officer who has knowledge of the impoundment has reason to believe that an owner, or one who claims to be an owner, is residing or in custody at some different address which is known to the officer, a copy of the notice shall be mailed or personally delivered to such owner or claimant in a manner designed, as nearly as may be practicable, to give actual notice to the owner. The notice shall contain the full particulars of the impoundment, redemption, and an opportunity to contest the propriety of the impoundment as provided in WAC 478-116-541.

Similar notice shall be given to each person who seeks to redeem an impounded vehicle. If a vehicle is redeemed prior to the mailing of notice, the notice need not be mailed.

(2) Motor vehicles impounded shall be redeemed only under the following circumstances:

(a) Only the registered owner who has a valid driver's license or person authorized by the registered owner who has a valid driver's license and who produces proof of authorization and signs a receipt ((therefor)) therefore, may redeem an impounded motor vehicle.

(b) Any person so redeeming a motor vehicle impounded shall pay the cost of such impoundment (towing and storage), together with such fines as are outstanding against the vehicle if impoundment was made pursuant to WAC 478-116-401 prior to redemption, except as provided in (c) of this subsection.

(c) Any person seeking to redeem a motor vehicle impounded under WAC 478-116-401, 478-116-411 or 478-116-421 has a right to contest the validity of impoundment or the amount of towing and storage charges and shall have the motor vehicle released upon requesting a review as provided in WAC 478-116-541, and paying any outstanding fines, ((and executing a promissory note, naming the University of Washington as payee, in an amount to include both the costs of towing and storage and a civil penalty of seventy-five dollars which promissory note shall immediately become due and owing in the event such person fails to pay within ten business days after service of a final decision of the citation hearing office on the petition contesting impoundment or the amount of any towing and storage charges for which such person may be found liable)) towing and storage charges.

(3) In addition to any other penalty which may be imposed as a result of actions described in subsection (2)(c) of this section, campus parking privileges shall be suspended until all such debts are paid.

(((4) The promissory note shall be automatically canceled and discharged when a person either:

(a) Pays the towing and storage charges and cancels the request for a review; or

(b) Pays, within ten business days after service of a final decision of the citation hearing office on the petition contesting impoundment, towing and storage charges for which such person may be liable.))

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-431, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 97-14-005, filed 6/19/97, effective 9/15/97)

WAC 478-116-520   Motor vehicles -- Payment of fines and penalties.   (1) The fines that may be assessed for violations of these rules are those detailed in WAC 478-116-311. The applicable fine for a citation must be paid ((within)) on or before the default response date, which is twenty days ((of)) from the date of the citation unless on or before the default date the person charged with the violation ((elects to contest)) contests the citation as provided in WAC 478-116-531, then any applicable fine amount owed must be paid within the time limits set forth in WAC 478-116-531.

(2) Fines must be delivered in person to the citation hearing office or postmarked on or before the default response date or applicable due date specified in these rules to avoid additional penalties. An additional fine of ((ten)) twenty-five dollars per offense shall be imposed for each citation which is not responded to within the time limits set forth in these rules. In the case of a citation that is contested under WAC 478-116-531, an additional fine of twenty-five dollars per offense shall be imposed for a failure to pay, within the time limits set forth in that section, any fine owed under a decision of a presiding officer or a reviewing officer that is not timely contested or appealed. In the case of a citation which has a petition submitted after the default response date, the additional fine of twenty-five dollars per offense shall remain imposed and only if the petition is accepted for review by the citation hearing office for good cause shall the additional fine be subject to decision rendered by the citation hearing office under WAC 478-116-531.

(3) The rules contained in this chapter shall be available in the citation hearing office, the university police department, and parking services.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-520, filed 6/19/97, effective 9/15/97; 93-14-130, 478-116-520, filed 7/7/93, effective 8/7/93; 91-11-029 and 91-12-047, 478-116-520, filed 5/8/91 and 6/5/91, effective 6/8/91 and 10/1/91. Statutory Authority: RCW 283.10.300 [28B.10.300]. 89-15-023 (Order 89-1), 478-116-520, filed 7/13/89, effective 8/13/89. Statutory Authority: RCW 28B.10.560 and 28B.20.130. 87-16-037 (Order 87-1), 478-116-520, filed 7/28/87, effective 9/1/87. Statutory Authority: RCW 28B.10.560. 79-09-004 (Order 79-3), 478-116-520, filed 8/2/79; 78-07-019 (Order 78-3), 478-116-520, filed 6/15/78; Order 75-2, 478-116-520, filed 6/4/75.]


AMENDATORY SECTION(Amending WSR 97-14-005, filed 6/19/97, effective 9/15/97)

WAC 478-116-531   Motor vehicles -- Election to pay fine or contest citation.   (1) A person who receives a citation shall, ((within)) on or before the default response date of twenty days ((of)) from the date thereof, either pay the applicable fine or contest the issuance of the citation in the manner prescribed in this section. Payment of the fine shall constitute a waiver of the right to contest the citation. Failure to either pay the fine or contest the citation ((within twenty days of the date of the citation)) on or before the default response date or successfully establish good cause to contest the citation after the default response date shall automatically result in a final decision of the citation hearing office. After the default response date, a citation may be contested and reviewed under WAC 478-116-531 only if good cause is first determined by the citation hearing office. To be considered for good cause, the citation hearing office must receive a parking and traffic citation petition (hereinafter "petition") by the good cause response date which is within twenty-one days from the default response date (hereinafter "good cause response date"); or a later date not exceeding thirty days from the default response date that may be specified by a default response notice sent to the registered owner. The citation hearing office will first evaluate the petition for good cause to accept the petition after the default response date. Upon evaluation, if the petition is not deemed to establish good cause for late acceptance, it shall automatically result in a final decision of the citation hearing office and all applicable fines and penalties shall be immediately due. If the citation hearing office determines that good cause is established, the petition can only then be treated as if received by the default response date and reviewed under these rules.

(2) A person wishing to contest a citation may do so by completing and submitting a parking and traffic citation petition (hereinafter "petition") to the citation hearing office ((within)) on or before the default response date of twenty days ((of)) from the date of the citation or by successfully establishing good cause for late acceptance of a petition after the default response date. The petition shall include a statement explaining the reasons for contesting the citation. The presiding officer shall review the petition and provide written notification of his or her decision to the person submitting the petition within ten days of taking action on the petition. If the petition is denied, the notification shall include a brief statement of the reasons for the decision and information about the opportunity for further review. Any fine owed on a written decision on a petition not contested as provided in subsection (3) of this section shall be paid within twenty-one days after service of the decision.

(3) A person wishing to contest the written decision on the petition may request a review by contacting the citation hearing office orally or in writing within twenty-one days after service of the decision. The request for review shall contain an explanation of the ((alleged violator's)) petitioner's position and a statement of reasons why the initial decision on the petition was incorrect. The reviewing officer shall, within twenty days of the date of the ((request)) request's receipt, conduct a review and ((render)) enter a final written decision, which shall include a brief statement of the reasons for the decision and information about the opportunity to appeal the decision to the district court. Any final decision of the reviewing officer not appealed as provided in subsection (5) of this section shall be paid within ten days after service of the decision.

(4) If neither party has requested a review of the written decision on the petition, the citation hearing office may, within twenty days after service of the written decision, conduct a review and issue a final decision on its own motion and without notice to the parties, but it may not take any action on review less favorable to the ((alleged violator)) petitioner than the written decision on the petition without giving the ((alleged violator)) petitioner notice and opportunity to explain his or her view of the matter.

(5) A person wishing to appeal a final decision of the citation hearing office to the district court may, within ten days of service of the final decision, file a written notice with the university police department. Documents relating to the appeal shall immediately be forwarded to the district court, which shall have jurisdiction to hear the appeal de novo. No appeal to the district court may be taken unless the citation has been contested as provided in subsections (2) and (3) of this section.

(6) A person who files a petition under subsection (2) of this section may request the opportunity to provide an oral statement before the presiding officer. A request to make an oral statement must be included in the petition. If the request for an oral statement is made, the presiding officer shall provide reasonable notice of the time and place for receiving the oral statement. At the discretion of the reviewing officer, oral statements may also be considered in requests under subsection (3) of this section. A request to make an oral statement must be included in the request for review. If the request for an oral statement is granted by the reviewing officer, the reviewing officer shall provide reasonable notice of the time and place for receiving oral statements.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-531, filed 6/19/97, effective 9/15/97.]


AMENDATORY SECTION(Amending WSR 97-14-005, filed 6/19/97, effective 9/15/97)

WAC 478-116-670   Use of skateboards.   (1) Skateboard use in pedestrian areas, including but not limited to walkways, ramps, concourses, and plazas (such as "Red Square"), and on internal university streets and loading areas on the campus is restricted solely to transporting an individual from one campus destination to another. Any recreational, athletic, or other exhibitional use of skateboards unrelated to transportation is strictly prohibited, unless expressly approved in advance by the committee on the use of university facilities, pursuant to chapter 478-136 WAC.

(2) Skateboard use in violation of this section shall result in the following:

(a) For the first offense, the university police department will record the name of the individual and provide a written warning against further skateboard use in violation of this section. Individuals who cannot produce satisfactory identification will be given a receipt for their skateboard, which will be impounded at the university police station until they are able to return with the receipt and identification. There will be no ((impound)) impoundment fee.

(b) For a second offense, within twenty-four months of any previous offense or warning, the skateboard will be impounded for not less than forty-eight hours and the offender shall be subject to a fine of not less than ten dollars plus applicable ((impound)) impoundment fee.

(c) For a third or subsequent offense, within twenty-four months of any previous two offenses, warnings, or combination thereof, the skateboard will be impounded for not less than thirty days and the offender shall be subject to a fine of not less than thirty dollars plus applicable ((impound)) impoundment fee.

(d) Impounded skateboards will be held by the university police department and released only during regular business hours to individuals with satisfactory identification. Payment of a ten-dollar storage fee will also be required for release, except as provided in (a) of this subsection.

(3) Skateboards impounded under this section which are unclaimed sixty consecutive days after the applicable minimum impoundment time period has elapsed will be presumed abandoned and be subject to sale at a public auction conducted by the university surplus property department.

(4) The university and its officers, agents, and employees shall not be liable for loss or damage of any kind resulting from impounding, storage, or sale of any item under this section.

(5) Impoundment or sale of any skateboard under this section shall not substitute for, nor release any person from liability for damage to persons or property caused by use of a skateboard at the university.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-670, filed 6/19/97, effective 9/15/97.]

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