WSR 05-08-017

PERMANENT RULES

UNIVERSITY OF WASHINGTON


[ Filed March 28, 2005, 12:56 p.m. , effective April 28, 2005 ]


Purpose: To amend chapter 478-118 WAC, Parking and traffic rules of the University of Washington, Tacoma. These amendments clarify existing rules and provide additional definitions, rules for visitor parking, and expanded rules for bicycle and skateboard use.

Citation of Existing Rules Affected by this Order: Repealing WAC 478-118-510; and amending WAC 478-118-010, 478-118-020, 478-118-050, 478-118-060, 478-118-080, 478-118-100, 478-118-200, 478-118-210, 478-118-270, 478-118-400, 478-118-410, and 478-118-420.

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

Adopted under notice filed as WSR 05-03-071 on January 14, 2005.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 4, Amended 12, Repealed 1.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 4, Amended 12, Repealed 1.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 17, 2005.

Rebecca Goodwin Deardorff

Director of Rules Coordination

OTS-7679.1

PART I

GENERAL INFORMATION AND DEFINITIONS
AMENDATORY SECTION(Amending WSR 02-15-174, filed 7/24/02, effective 8/24/02)

WAC 478-118-010   Objectives of parking and traffic rules.   The objectives of these rules are:

(1) To protect and control pedestrian and vehicular traffic on the campus of the University of Washington, Tacoma;

(2) To assure access at all times for emergency vehicles and equipment;

(3) To minimize traffic disturbances;

(4) To facilitate the operation of the university by assuring access to its vehicles;

(5) To allocate limited parking space for the most efficient use; ((and))

(6) To protect state property; and

(7) To encourage travel to the campus by means other than a single occupancy vehicle (SOV).

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, 478-118-010, filed 7/24/02, effective 8/24/02.]


AMENDATORY SECTION(Amending WSR 02-15-174, filed 7/24/02, effective 8/24/02)

WAC 478-118-020   Definitions.   The following definitions apply to this chapter:

(1) Bicycle: Any device defined as a bicycle in chapter 46.04 RCW.

(2) Campus: The campus of University of Washington, Tacoma.

(((2))) (3) Employee: An employee of the university.

(((3))) (4) Fee: A charge for the use of the permit issued.

(5) Hours of operation: The hours of operation established by the university for a particular parking area, parking lot, or parking space.

(6) Impoundment: The removal of a vehicle to a storage area by either a public safety officer or agent of the university.

(7) 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 motorized scooters are considered to be motor vehicles and are subject to all traffic and parking rules controlling motor vehicles.

(8) Nonmotor/nonmotorized vehicle: A device other than a motor vehicle used to transport persons. Nonmotorized vehicles include, but are not limited to, bicycles, skateboards, rollerblades and rollerskates.

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

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

(11) Public safety officers: Employees of the university who are responsible for campus security, safety, and parking and traffic control.

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

(13) Rollerskate/rollerblade: A device used to attach wheels to the foot or feet of a person.

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

(15) Student: A person enrolled in the university.

(((5))) (16) Traffic: Motorized and nonmotorized modes of transportation defined in chapter 46.04 RCW.

(17) University: The University of Washington, Tacoma, and collectively those responsible for its control and operations.

(((6))) (18) Vehicle: ((An automobile, truck, motorcycle, motorized scooter, or bicycle.

(7))) Any motorized vehicle or nonmotorized vehicle.

(19) Visitor: A person who is neither an employee nor a student of the university.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, 478-118-020, filed 7/24/02, effective 8/24/02.]


NEW SECTION
WAC 478-118-045   Liability of the university.   Except for vehicles that the university owns or operates, the university assumes no liability under any circumstances for vehicles on the campus.

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PART II

PARKING AND TRAFFIC RULES
AMENDATORY SECTION(Amending WSR 02-15-174, filed 7/24/02, effective 8/24/02)

WAC 478-118-050   Permits required for vehicles on campus.   Except as provided in WAC 478-118-055, no person shall park or leave any vehicle (other than bicycles), whether attended or unattended, upon the campus unless the person first purchases a permit from the university or from the operator of the parking lot in which the vehicle is parked. Permission to park on campus will be shown by display of a valid permit, or (if a parking lot does not issue permits) by payment of the fee for parking.

(1) A valid permit is:

(a) A current vehicle permit displayed in accordance with WAC ((478-118-110)) 478-118-100. Vehicle permits are valid until revoked;

(b) A temporary permit authorized by the university and displayed in accordance with instructions. Temporary permits are valid through the date or time on the permit;

(c) A parking permit issued by a gate attendant and displayed on the vehicle in accordance with instructions; or

(d) A parking permit dispensed by machine at the campus and displayed in accordance with instructions.

(2) Parking permits are not transferable, except as provided in WAC 478-118-060 and 478-118-080.

(3) The university reserves the right to refuse to issue parking permits.

(4) This section does not apply to vehicles that the university owns or operates.

(5) The university may allow persons without permits to drive through the campus without parking.

(6) A public safety officer may require visitors to wait at the entrances to the campus when pedestrian or vehicular traffic congestion is above normal.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, 478-118-050, filed 7/24/02, effective 8/24/02.]


NEW SECTION
WAC 478-118-055   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, tow trucks, commercial delivery; and media vehicles which have agreed to comply with university guidelines and received prior written approval of the university; and

(c) School buses and tour buses parking in spaces designated by the university.

(2) University departments may pay for all or part of the parking fees for their official visitors and guests based on the established fee schedule.

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AMENDATORY SECTION(Amending WSR 02-15-174, filed 7/24/02, effective 8/24/02)

WAC 478-118-060   Carpool and disability parking permits.   (1) Carpool permits may be issued to employees and students. One transferable permit will be issued by the university for each carpool. This permit is transferable only among the registered members of the carpool. This permit must be displayed in accordance with the instructions provided with the permit. A carpool is a group of two or more employees or students who commute to the campus in the same vehicle.

(2) The university provides parking for the disabled in accordance with the requirements of federal and state law((, including parking spots reserved for persons who display a state of Washington disabled driver permit)).

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, 478-118-060, filed 7/24/02, effective 8/24/02.]


AMENDATORY SECTION(Amending WSR 02-15-174, filed 7/24/02, effective 8/24/02)

WAC 478-118-080   Transfer of permits limited.   (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 is not limited to, the wrongful sale, lending, or bad faith transfer of a parking permit.

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

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, 478-118-080, filed 7/24/02, effective 8/24/02.]


AMENDATORY SECTION(Amending WSR 02-15-174, filed 7/24/02, effective 8/24/02)

WAC 478-118-100   Display of permits.   (1) Parking permits, other than hourly permits (receipts) dispensed from parking machines and motorcycle and scooter permits, shall be displayed either by hanging from the rear view mirror((,)) or by placing face-up on the driver's side dashboard and shall be fully visible from the exterior of the motor vehicle.

(2) Hourly permits dispensed from parking machines are not required to be displayed on or in the vehicle.

(3) When applicable, the area designator (numeral, letter, or combination) shall be affixed to the vehicle permit and shall be fully visible from the exterior of the motor vehicle.

(((3))) (4) Motorcycle and scooter ((permits)) license numbers shall be registered with the university. Motorcycle and scooter permits need not be displayed.

(((4))) (5) When required to be displayed, permits not fully visible from the exterior of a motor vehicle are not valid and are subject to citation for no valid permit displayed.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, 478-118-100, filed 7/24/02, effective 8/24/02.]


AMENDATORY SECTION(Amending WSR 02-15-174, filed 7/24/02, effective 8/24/02)

WAC 478-118-200   Parking fees.   The regents of the University of Washington shall adopt parking fees, specifying the charge per hour, day, quarter, ((and)) or year.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, 478-118-200, filed 7/24/02, effective 8/24/02.]


AMENDATORY SECTION(Amending WSR 02-15-174, filed 7/24/02, effective 8/24/02)

WAC 478-118-210   Allocation of parking spaces.   The parking spaces available on ((the)) campus shall be allocated in a manner that will best attain the objectives of these rules.

During special occasions causing additional or heavy traffic and during emergencies, the university may impose additional traffic and parking policies to achieve the specified objectives of this chapter.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, 478-118-210, filed 7/24/02, effective 8/24/02.]


AMENDATORY SECTION(Amending WSR 02-15-174, filed 7/24/02, effective 8/24/02)

WAC 478-118-270   Motorcycles((, bicycles,)) and scooters.   (1) Motorcycles((, bicycles,)) and scooters are subject to all traffic rules controlling other motor vehicles.

(2) Motorcycles and ((motorized)) scooters may only be parked in areas designated ((areas in addition to the regular parking lots)) for motorcycles.

(3) Motorcycles and ((motorized)) scooters are not permitted on paths, sidewalks, or authorized bicycle or pedestrian areas, or in buildings at any time.

(((4) Bicycles shall be parked in designated areas only. Improperly parked bicycles may be impounded and a citation and fine imposed upon the owner.

(5) No bicycles or foot-propelled devices shall be operated in campus corridors, hallways, or buildings unless their use is required as part of the educational process in an authorized program, or authorized by campus personnel. A "foot-propelled device" is a wheeled device designed or used for recreation or transportation, including, but not limited to, skateboards, roller skates, and roller blades.))

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, 478-118-270, filed 7/24/02, effective 8/24/02.]


NEW SECTION
WAC 478-118-290   Bicycle parking and traffic rules.   (1) The primary aim of the bicycle control program is safety. This aim will be achieved by keeping bicycles out of buildings, away from building exits, and parking them off paths and sidewalks.

(2) Bicycles may be ridden any place where vehicles are permitted. They may be ridden on most sidewalks, though pedestrians always have the right of way. It shall be a violation of this section for any bicycle rider to fail to yield to pedestrians, or to ride a bicycle on paths, sidewalks, or streets where signs indicate such is prohibited. An audible signal or warning must be given by the bicyclist whenever there is any appreciable risk of injury to a pedestrian not otherwise aware of the presence of the bicycle.

(3) Bicycles operated on paths, sidewalks, and roadways shall be subject to all relevant state statutes regulating bicycle use. Violation of those statutes shall be considered a violation of this section.

(4) Bicycles shall be operated in a safe manner at all times on paths, sidewalks, and roadways. Riding at speeds too fast for conditions, weaving in and out of vehicular or pedestrian traffic, or similar unsafe actions shall be considered "negligent riding." Negligent riding shall be a violation of this section.

(5) Bicycles shall be parked only in bicycle racks. All bicycle owners are encouraged to secure their bicycles with a secure lock. At no time shall a bicycle be parked in a building, except where bicycle storage rooms are provided, near a building exit, on a path or sidewalk, in planted areas nor chained or otherwise secured to trees, lamp standards, railings, or sign posts.

(6) Moving a bicycle into any unauthorized area such as a building or construction zone is prohibited.

(7) Bicycle racks in campus areas are for parking and shall not be used for overnight storage.

(8) Impoundment for illegal parking.

(a) Bicycles parked in violation of subsections (5), (6), and (7) of this section will be subject to seizure and impoundment by the university.

(b) A bicycle abandoned or parked on university land for fourteen consecutive days or longer is presumed abandoned and is subject to seizure and impoundment by the university. A bicycle will not be considered abandoned when the owner/operator is unable to remove it and so notifies the campus safety and security office. A bicycle that has been obviously stripped or vandalized may be immediately impounded.

(c) Impounded bicycles will be stored by the campus safety and security office. Bicycles will be released at specified times and upon presentation of proof of ownership and payment of any fine that has been imposed. Owners of impounded bicycles, if identifiable, will be notified as soon as reasonably possible after impoundment and must reclaim their bicycle within fifteen consecutive days. Bicycles unclaimed after sixty consecutive days will be subject to disposal, including sale at public auction, in accordance with university property disposal rules.

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

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

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NEW SECTION
WAC 478-118-300   Skateboard rules.   (1) Skateboard use in pedestrian areas including, but not limited to, walkways, ramps, concourses, plazas, and staircases, 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 and use of university facilities policies and procedures.

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

(a) For the first offense, the campus safety and security office 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 by the campus safety and security office until they are able to return with the receipt and identification. There will be no 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 and/or 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 and impoundment fee.

(d) Impounded skateboards will be held by the campus safety and security office and released only during regular business hours to individuals with satisfactory identification.

(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 disposal, including sale at public auction, in accordance with university property disposal rules.

(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.

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PART III

TRAFFIC AND PARKING VIOLATIONS AND ENFORCEMENT
AMENDATORY SECTION(Amending WSR 02-15-174, filed 7/24/02, effective 8/24/02)

WAC 478-118-400   Issuance of traffic and parking citations.   Upon probable cause to believe that a violation of these rules has occurred, a public safety officer or designated contractor may issue a citation setting forth the date, the approximate time, the locality, the nature of the violation, the permit number, license number, infraction, officer, and the amount of fine(s). The citation shall be served on the person responsible for the violation by: Attaching a copy of the citation to, or placing it prominently within, the vehicle allegedly involved in the violation; mailing a copy of the citation to the person responsible; or serving a copy of the citation personally on the person responsible.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, 478-118-400, filed 7/24/02, effective 8/24/02.]


AMENDATORY SECTION(Amending WSR 02-15-174, filed 7/24/02, effective 8/24/02)

WAC 478-118-410   Fines and impounding.   (1) The current schedule of fines shall be published by the university and made available for review in the safety and security office.

(2) All fines must be paid as designated on the citation within twenty calendar days from the date of the citation. Fines must be delivered in person to the university's ((finance)) cashier office or postmarked on or before the due date specified in these rules to avoid additional penalties. If any citation has neither been paid nor appealed after twenty calendar days from the date of the citation, the university shall impose an additional fine of ten dollars per offense and may:

(a) Withhold the violator's degrees, transcripts, grades, refunds, or credits until all fines are paid;

(b) Delay registration for the following quarter;

(c) Impound the violator's vehicle;

(d) Deny future parking privileges to the violator; or

(e) Refuse to issue keys to a violator who is an employee or student.

(3) In addition to imposing fines, public safety officers may impound or immobilize any vehicle parked on campus in violation of these rules. The expenses of impounding, immobilization, and storage shall be charged to the owner or operator, or both, of the vehicle and must be paid before the vehicle's release. Grounds for impounding vehicles shall include, but not be limited to, the following:

(a) Blocking a roadway so as to impede the flow of traffic;

(b) Blocking a walkway so as to impede the flow of pedestrian traffic;

(c) Blocking a fire hydrant or fire lane;

(d) Creating a safety hazard;

(e) Blocking another legally parked vehicle;

(f) Parking in a marked "tow-away" zone;

(g) Leaving a vehicle unattended on campus for longer than two days;

(h) Failing to pay a fine imposed under this chapter; or

(i) Parking a nonuniversity vehicle in a spot reserved for university use.

Not more than twenty-four hours after impoundment of any vehicle (excluding bicycles and skateboards), the university shall mail a notice to the registered owner of the vehicle and to any other person who claims the right to possession of the vehicle, if those persons can be identified. The university shall not be liable for loss or damage of any kind resulting from impounding, immobilization, or storage. Impounding a vehicle does not remove the obligation for any fines associated with the violation.

(4) An accumulation of traffic violations by a student may be cause for discipline under the student conduct code of the university.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, 478-118-410, filed 7/24/02, effective 8/24/02.]


AMENDATORY SECTION(Amending WSR 02-15-174, filed 7/24/02, effective 8/24/02)

WAC 478-118-420   Appeals of fines and impoundments.   (1) Except for skateboards, any impoundment or fine under this chapter may be appealed in writing within twenty calendar days from the date of the citation or the notice of impoundment. The notice of appeal must be addressed to the location indicated on the citation or notice of impoundment. The university will make appeal forms available at the university's ((finance)) cashier office. The notice of appeal must explain the reasons for contesting the citation or impoundment. If the person who files a notice of appeal desires an opportunity to make an oral statement in the appeal, the request to make an oral statement must be included in the notice of appeal.

(2) The hearing on the appeal shall be a brief adjudicative hearing as provided by RCW 34.05.482 et seq. If a request for an oral statement was made, the presiding officer or officers shall provide reasonable notice of the time and place for receiving the oral statement. The presiding officer(s) shall review the notice of appeal and provide a written decision to the person submitting the appeal within ten days of taking action. If the appeal is denied or modified to a warning, dismissal, reduction, or suspension, the decision shall include a brief statement of its reasons and information about the opportunity for further review. Any fine owed on a written decision that is not further appealed 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 may request a review by contacting the designated university reviewing officer in writing within twenty-one days after service of the decision. The request for review shall explain why the decision was incorrect. The reviewing officer shall, within twenty days of the date of the request, review the matter and render a final written decision to uphold or modify (warning, dismissal, reduction, or suspension), which shall include a brief statement of its reasons 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 (4) of this section shall be paid within ten days after service of the decision.

(4) A person wishing to appeal a final decision of the ((citation hearing office)) reviewing officer to the district court may, within ten days of service of the final decision, file a written notice with the university's finance office. The written notice must be submitted on the "Notice of Appeal" form provided by the university. 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.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, 478-118-420, filed 7/24/02, effective 8/24/02.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 478-118-510 Liability of the university.

Washington State Code Reviser's Office