PROPOSED RULES
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.]
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, § 478-116-061, filed 6/19/97, effective 9/15/97.]
(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.]
(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.]
(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.]
(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.]
(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.]
(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.]
(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.]
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, § 478-116-141, filed 6/19/97, effective 9/15/97.]
(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.]
(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.]
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, § 478-116-165, filed 6/19/97, effective 9/15/97.]
(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.]
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, § 478-116-171, filed 6/19/97, effective 9/15/97.]
(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.]
(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.]
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, § 478-116-186, filed 6/19/97, effective 9/15/97.]
(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.]
(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.]
(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.]
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, § 478-116-227, filed 6/19/97, effective 9/15/97.]
(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.]
(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.]
[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.]
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, § 478-116-271, filed 6/19/97, effective 9/15/97.]
(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.]
| OFFENSE | MAXIMUM FINE |
||
| 01 | Obstructing traffic or pedestrian movements . . . . . . . . . . . . |
$ (( |
|
| 02 | Enter/exit without paying . . . . . . . . . . . . | 25.00 | |
| 03 | Failure to lock ignition and/or set brakes . . . . . . . . . . . . | (( |
|
| 04 | Improper display of vehicle permit . . . . . . . . . . . . | (( |
|
| 05 | Permit not registered to this vehicle . . . . . . . . . . . . | 5.00 | |
| 06 | Occupying more than one stall or space . . . . . . . . . . . . | (( |
|
| 07 | Parking in restricted parking area . . . . . . . . . . . . | (( |
|
| 08 | Parking in prohibited area . . . . . . . . . . . . | (( |
|
| 09 | Parking on planted areas . . . . . . . . . . . . | 25.00 | |
| 10 | Parking out of assigned area . . . . . . . . . . . . | (( |
|
| 11 | Parking over posted time limit . . . . . . . . . . . . | (( |
|
| 12 | Parking with no valid permit displayed . . . . . . . . . . . . | (( |
|
| 13 | Parking at expired meter . . . . . . . . . . . . | (( |
|
| 14 | Parking outside cycle area . . . . . . . . . . . . | 10.00 | |
| 15 | Parking in space/area not designated for parking . . . . . . . . . . . . |
25.00 |
|
| 16 | Parking while privilege suspended . . . . . . . . . . . . | 100.00 | |
| 17 | Use of forged/stolen vehicle permit . . . . . . . . . . . . | 250.00 | |
| 18 | Use of revoked permit . . . . . . . . . . . . | 100.00 | |
| 19 | Unauthorized overnight parking of a motor home . . . . . . . . . . . . |
50.00 |
|
| 20 | Impound . . . . . . . . . . . . | At cost | |
| 21 | Other violations of the university parking and traffic rules . . . . . . . . . . . . | 25.00 |
|
| 22 | Parking in space designated for disability or wheelchair . . . . . . . . . . . . | 250.00 | |
| 23 | Penalty for failure to pay fine, respond, or comply with final decision of citation hearing office within time limits . . . . . . . . . . . . | 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.]
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.]
(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.]
(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.]
(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.]