WSR 12-16-030

PROPOSED RULES

TACOMA COMMUNITY COLLEGE


[ Filed July 25, 2012, 11:04 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-08-017.

Title of Rule and Other Identifying Information: Revise chapter 132V-116 WAC, Parking and traffic rules and regulations.

Hearing Location(s): Tacoma Community College, Building 12-120, 6501 South 19th Street, Tacoma, WA 98466, on October 17, 2012, at 4:00 p.m.

Date of Intended Adoption: October 17, 2012.

Submit Written Comments to: Will Howard, Tacoma Community College, 6501 South 19th Street, Tacoma, WA 98466, e-mail whoward@tacomacc.edu, fax (253) 566-5344, by October 3, 2012.

Assistance for Persons with Disabilities: Contact Cathie Bitz by October 10, 2012, cbitz@tacomacc.edu or (253) 566-5101.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed changes to language in the parking and traffic rules and regulations update terminology and simplify and clarify other provisions of the chapter.

Statutory Authority for Adoption: RCW 28B.50.140(10).

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

Name of Proponent: Tacoma Community College, public.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Will Howard, Tacoma Community College, (253) 566-5344.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Policies are relevant to Tacoma Community College students and visitors only.

A cost-benefit analysis is not required under RCW 34.05.328. Policies are relevant to Tacoma Community College students and visitors only.

July 25, 2012

Mary A. Chikwinya

Vice-President

for Student Services

OTS-4770.1


AMENDATORY SECTION(Amending Order 77-2, filed 6/3/77)

WAC 132V-116-010   Authority.   Pursuant to the authority granted by RCW 28B.50.140(10), the board of trustees of Community College District 22 empowers the president of the college district to make on-campus parking available for visitors, faculty, students and staff at a fee established and approved by the board. The board further authorizes the president to formulate rules and regulations which ensure the safety of operators of vehicles and pedestrians using the college's streets, crosswalks and paths. (((Tacoma Community College Board Policy Handbook, Chapter VII, Section 7.1010; 5-76.)))

[Order 77-2, 132V-116-010, filed 6/3/77.]


AMENDATORY SECTION(Amending Order 77-2, filed 6/3/77)

WAC 132V-116-030   Definitions.   For the purposes expressed in this document, the following definitions and terms shall apply:

(1) College: Tacoma Community College, or any additional community college hereafter established within Community College District 22, state of Washington, and those individuals responsible for its control and operation.

(2) College community: Trustees, students, employees, and guests on college-owned or controlled facilities.

(3) College facilities: Any or all property controlled or operated by the college.

(4) Student: Any person enrolled at the college.

(5) Public safety ((and security)) officer: An employee of the college accountable to the ((dean of)) vice-president for administrative services and responsible for campus security, safety, parking and traffic control.

(6) Vehicle: Any conveyance which can be legally operated on the streets and highways of the state of Washington, or whose primary purpose is recreational.

(7) Visitors: Persons who come upon the campus as guest, and persons who lawfully visit the campus for purposes which are in keeping with the college's role as an institution of higher learning in the state of Washington.

(8) Permanent permit: A permit which is valid for a college quarter, year or portion thereof.

(9) ((Termporary)) Temporary permit: A permit issued in lieu of a permanent permit for a period designated on the permit.

(10) ((Handicapped)) Disabled permit: A permit issued to a person with a physical, mental or sensory impairment.

(11) College term: Unless otherwise designated, the time period commencing with the summer quarter of the calendar year and extending through the subsequent fall, winter, and spring quarters. The summer quarter shall be considered the first quarter of the college year for parking and traffic control purposes.

(12) Campus: The grounds and buildings of the college.

[Order 77-2, 132V-116-030, filed 6/3/77.]


AMENDATORY SECTION(Amending Order 77-2, filed 6/3/77)

WAC 132V-116-050   Parking and traffic responsibility.   The ((dean of)) vice-president for administrative services is responsible for parking and traffic management on campus. In general, the responsibility is delegated to the college's public safety ((and security)) supervisor, who is authorized to coordinate directly with the ((dean of)) vice-president for administrative services and others on campus as required by his/her duties.

[Order 77-2, 132V-116-050, filed 6/3/77.]


AMENDATORY SECTION(Amending Order 77-2, filed 6/3/77)

WAC 132V-116-060   Permits required for motor vehicles on campus.   No student or employee shall stop, park, or leave a motor vehicle, whether attended or unattended, upon the campus without ((a)) first being issued a temporary, permanent, or disabled parking permit ((issued pursuant to WAC 132V-116-030 (8), (9) or (10))), except that:

(1) Any student parking on campus will be given ten calendar days from the ((beginning of his/her enrollment)) first day of each quarter to obtain a permit from the office of public safety ((and security)).

(2) Any employee parking on campus must obtain a permit within ten calendar days after commencing employment with the college, and where applicable, will renew the permit within ten days after its expiration.

[Order 77-2, 132V-116-060, filed 6/3/77.]


AMENDATORY SECTION(Amending Order 77-2, filed 6/3/77)

WAC 132V-116-070   Registration of vehicles.   All students and employees who operate motor vehicles, including motorcycles, on the campus will register them with the office of public safety ((and security)).

[Order 77-2, 132V-116-070, filed 6/3/77.]


AMENDATORY SECTION(Amending Order 77-2, filed 6/3/77)

WAC 132V-116-080   Authorization for issuance of permits.   The office of public safety ((and security)) is authorized to issue parking permits to members of the college community pursuant to the following regulations:

(1) Students may be issued parking permits upon the registration of their vehicles with the office of public safety ((and security)) pursuant to this subsection (1).

(2) Employees may be issued parking permits pursuant to WAC 132V-116-060(2).

(3) Public safety ((and security)) officers may issue temporary parking permits when such permits are necessary to conduct the business or operation of the college.

(4) Public safety ((and security)) officers may issue temporary parking permits, not to exceed a period of five working days, for the use of an additional ((car)) vehicle whenever the registered vehicle is being repaired.

[Order 77-2, 132V-116-080, filed 6/3/77.]


AMENDATORY SECTION(Amending Order 77-2, filed 6/3/77)

WAC 132V-116-100   Valid permits.   The following are valid permits when they are properly displayed and unexpired:

(1) A permanent permit.

(2) A temporary permit.

(3) A ((handicapped)) disabled permit.

(4) Carpool permit issued by the city of Tacoma, transit agencies.

[Order 77-2, 132V-116-100, filed 6/3/77.]


AMENDATORY SECTION(Amending Order 77-2, filed 6/3/77)

WAC 132V-116-110   Display of permit.   (1) A permanent parking permit shall be affixed to ((right rear bumper area of the vehicle. A temporary permit shall be placed within the vehicle on the dashboard where it can be plainly observed)) the lower left inside corner of the vehicle windshield.

(2) A temporary permit shall be placed within the vehicle on the left side of the dashboard where it can be plainly observed.

(3) Permits for motorcycles shall be ((affixed to the vehicles in visible locations)) retained by the motorcycle rider who must provide the permit upon request. Permits should not be affixed to motorcycles.

[Order 77-2, 132V-116-110, filed 6/3/77.]


AMENDATORY SECTION(Amending Order 77-2, filed 6/3/77)

WAC 132V-116-120   Transfer of permits.   A parking permit is not transferable from person to person. ((If a vehicle is sold or traded, the permit holder may obtain a new permit from the office of safety and security.)) A permit is transferable from vehicle to vehicle as long as the vehicles are registered with the office of public safety.

[Order 77-2, 132V-116-120, filed 6/3/77.]


AMENDATORY SECTION(Amending Order 77-2, filed 6/3/77)

WAC 132V-116-160   Designation of parking spaces.   Parking spaces shall be designated for the following categories:

(1) Students;

(2) Employees;

(3) ((Handicapped)) Disabled persons;

(4) Visitors;

(5) Other business purposes;

(6) Carpool.

[Order 77-2, 132V-116-160, filed 6/3/77.]


AMENDATORY SECTION(Amending Order 77-2, filed 6/3/77)

WAC 132V-116-170   Parking within designated spaces.   All vehicles must be parked in designated spaces only.

(1) No vehicle may be parked in any undesignated area except the following:

(a) Approved maintenance vehicles.

(b) Emergency vehicles.

(c) Approved construction vehicles.

(d) Approved delivery vehicles.

(2) Unless prior arrangements have been made, no vehicle shall be parked on campus for a period in excess of ((seventy-two)) forty-eight hours. Vehicles which have been parked in excess of ((seventy-two)) forty-eight hours may be impounded and stored at the expense of the owner.

(3) No vehicle shall be parked so as to occupy any portion of more than one parking space. Vehicles may be towed and impounded for this violation.

(4) Parking in designated areas will be strictly enforced between the hours of 7:00 a.m. and ((7:00)) 8:00 p.m., Monday through Friday.

[Order 77-2, 132V-116-170, filed 6/3/77.]


AMENDATORY SECTION(Amending Order 77-2, filed 6/3/77)

WAC 132V-116-180   Regulatory signs and directions.   The office of public safety ((and security)) is authorized to erect signs, barricades, and other structures and to paint marks or other directions upon the entry ways, streets, and parking areas of the campus. Vehicle operators shall observe and obey all regulatory signs and directions and shall comply with traffic control.

[Order 77-2, 132V-116-180, filed 6/3/77.]


AMENDATORY SECTION(Amending Order 77-2, filed 6/3/77)

WAC 132V-116-200   Movement of vehicles.   Except as authorized by the office of public safety ((and security)), movement of motor vehicle traffic is limited to entrances, drives and parking areas.

[Order 77-2, 132V-116-200, filed 6/3/77.]


AMENDATORY SECTION(Amending Order 77-2, filed 6/3/77)

WAC 132V-116-210   Operation of bicycles.   Bicycle and nonengine cycle operators shall observe the following rules and regulations:

(1) ((Bicycles and other nonengine cycles)) They shall be operated in a responsible manner.

(2) ((No bicycle)) They shall not be parked inside a building ((nor blocking)) or block a building entrance.

(3) ((Bicycles)) They should be secured to racks as provided so as not to endanger pedestrian traffic.

(4) ((Bicycle)) Operators will observe traffic rules and regulations when operating on entrances, drives, and parking areas.

(5) Bicycles and nonengine cycles that have been parked in excess of forty-eight hours may be turned over to lost and found for thirty days. If unclaimed they will be donated to charity.

[Order 77-2, 132V-116-210, filed 6/3/77.]


AMENDATORY SECTION(Amending Order 77-2, filed 6/3/77)

WAC 132V-116-220   Report of accident.   The operator of any vehicle involved in an accident on campus resulting in injury to or death of any person or total or claimed damage to either or both vehicles of any amount shall within twenty-four hours report such accident to the college's office of public safety ((and security)). This does not relieve any person so involved in an accident from his responsibility to file a state of Washington motor vehicle accident report within twenty-four hours after such accident.

[Order 77-2, 132V-116-220, filed 6/3/77.]


AMENDATORY SECTION(Amending Order 77-2, filed 6/3/77)

WAC 132V-116-230   Special traffic and parking regulations and restrictions authorized.   Upon special occasions causing additional and/or heavy traffic and during emergencies, the college's public safety ((and security)) supervisor is authorized to impose special traffic and parking regulations and restrictions for the achievement of the objectives specified in WAC 132V-116-020.

[Order 77-2, 132V-116-230, filed 6/3/77.]


AMENDATORY SECTION(Amending Order 77-2, filed 6/3/77)

WAC 132V-116-240   Enforcement.   (1) All parking and traffic rules and regulations shall be enforced throughout the calendar year.

(2) The ((dean of)) vice-president for administrative services or ((his)) designee shall be responsible for the enforcement of the rules and regulations contained in this document.

[Order 77-2, 132V-116-240, filed 6/3/77.]


AMENDATORY SECTION(Amending Order 77-2, filed 6/3/77)

WAC 132V-116-250   Issuance of traffic citations.   Public safety ((and security)) officers or their subordinates will issue citations for any violations of these rules and regulations. Such citations will include the date, approximate time, vehicle identification number, infraction, name of the officer and schedule of fines. The traffic citations may be served in person, via mail, or by attaching a copy outside the vehicle.

[Order 77-2, 132V-116-250, filed 6/3/77.]


AMENDATORY SECTION(Amending Order 77-2, filed 6/3/77)

WAC 132V-116-260   Fines and penalties.   Fines and penalties may be assessed for all violations of these rules and regulations.

(1) The ((dean of)) vice-president for administrative services, or ((in his absence the president or the acting president)) designee, is the only college employee authorized to impound vehicles parked on college property.

(a) Vehicles wrongfully parked in designated areas or parked in undesignated areas are subject to ((impoundment)) impound.

(b) ((Impoundment)) Impound and storage expenses shall be the responsibility of the owner of the impounded vehicle.

(c) The college shall not be liable for loss or damage of any kind resulting from such ((impoundment)) impound and storage.

(d) ((Impoundment)) Impound of a vehicle does not remove the obligation for any fines associated with the citation.

(2) An accumulation of traffic citations by a student in excess of thirty dollars or the failure by a student to satisfy any traffic fines, regardless of the amount thereof, by the end of the academic quarter may result in disciplinary action initiated by the ((dean of)) vice-president for student services against the student.

(3) The ((dean of)) vice-president for administrative services shall direct all citations to the office of business services for collection or paid at the cashier's station.

(4) A schedule of fines shall be set by the board of trustees((.

(5) The following schedule of fines is adopted by the board and shall be published on the traffic citation forms.

(a) Vehicle parked in a manner so as to obstruct traffic; $3.00

(b) Occupying more than one space; $2.00

(c) Occupying space not designated for parking; $2.00

(d) Illegal parking (parked in area not authorized by permit; $2.00

(e) Failure to yield right of way; $3.00

(f) Parking in fire lane; $3.00

(g) Speeding; $5.00

(h) Failure to stop for stop sign/signal; $5.00

(i) Reckless/negligent driving; $5.00

(j) No parking permit displayed; $5.00

(6) If the fine is paid within 24 hours of the issuance of the citation, the fine will be reduced to $1.00, except for moving violations)) and published on the public safety web site and on the portal.

(((7))) (5) In the event a student fails or refuses to pay a fine, the following may be initiated by the ((dean of)) vice-president for student services:

(a) Student may not be eligible to register for any more courses until all fines are paid;

(b) Student may not be able to obtain a transcript of his grades or credits until all fines are paid;

(c) Student may not receive a degree until all fines are paid;

(d) Student may be denied future parking privileges;

(e) Student's vehicle may be impounded.

(((8))) (6) Upon failure of an employee or student to appeal ((from)) any fine or penalty as set forth herein, or upon a decision by the ((dean of)) vice-president for administrative services affirming the employee's or student's debt to the college, whichever is applicable, the amount of the fine will be set-off against and deducted from any present or future salary or other financial obligation owed to the employee or student by the college.

[Order 77-2, 132V-116-260, filed 6/3/77.]


AMENDATORY SECTION(Amending Order 77-2, filed 6/3/77)

WAC 132V-116-270   Appeal of fines and penalties.   Any fines and penalties levied against a violator of the rules and regulations set forth herein must be appealed in writing, stating fully all grounds for appeal, within five days from the date of the citation, to the public safety ((and security)) supervisor who will:

(1) After notice to the appealing party, confer with said party and review the appeal to determine whether a satisfactory solution can be reached without further administrative action. The public safety ((and security)) supervisor will advise the appellant, as soon as practicable, of his proposed decision.

(2) If the appellant is dissatisfied with the public safety ((and security)) supervisor's proposed decision, the appeal will be forwarded to the ((dean of administrative services who will meet with all parties, review the circumstances of the appeal and render a decision within ten days)) parking appeals committee. The decision of the parking appeals committee will be final.

[Order 77-2, 132V-116-270, filed 6/3/77.]

Washington State Code Reviser's Office