WSR 19-06-082
PROPOSED RULES
WASHINGTON STATE UNIVERSITY
[Filed March 6, 2019, 9:17 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-23-113.
Title of Rule and Other Identifying Information: Chapter 504-15 WAC, Campus parking and traffic regulations.
Hearing Location(s): On April 10, 2019, at 4:00 p.m., at Lighty 403, WSU Pullman, Pullman, Washington.
Date of Intended Adoption: May 15, 2019.
Submit Written Comments to: Deborah Bartlett, Rules Coordinator, P.O. Box 641225, Pullman, WA 99164-1225, email prf.forms@wsu.edu, fax 509-335-3969, by April 10, 2019.
Assistance for Persons with Disabilities: Contact Joy Faerber, phone 509-335-2005, fax 509-335-3969, email prf.forms@wsu.edu, by April 8, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The university is updating the campus parking and traffic regulations including, but not limited to, the rules regarding permit display.
Statutory Authority for Adoption: RCW 28B.30.150.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington State University, public.
Name of Agency Personnel Responsible for Drafting: Chris Boyan, Associate Director, WSU Transportation Services, Transportation Services 101a, Pullman, Washington 99164-5500, 509-335-2950; Implementation: John Shaheen, Director, WSU Transportation Services, Pullman, WA 99164-5500, 509-335-5105; and Enforcement: Bill Gardner, Associate Vice President, WSU Police/Public Safety, Public Safety 104, Pullman, WA 99164-1072, 509-335-4484.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The university does not consider this rule to be a significant legislative rule.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rule content is explicitly and specifically dictated by statute; and rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.
March 6, 2019
Deborah L. Bartlett, Director
Procedures, Records, and Forms
and University Rules Coordinator
AMENDATORY SECTION(Amending WSR 08-08-050, filed 3/27/08, effective 7/1/08)
WAC 504-15-010Authorization.
Pursuant to the authority granted by RCW 28B.30.125, 28B.30.150, 28B.10.560, and chapter 34.05 RCW, the board of regents of the university adopts this chapter to govern parking and traffic on the Pullman campus. The board of regents may delegate authority to the president or their designee to adopt changes to the parking and traffic rules in this chapter. If adoption authority is delegated to the president or their designee, changes to this chapter are not submitted to the board of regents.
AMENDATORY SECTION(Amending WSR 08-08-050, filed 3/27/08, effective 7/1/08)
WAC 504-15-020Purposes of regulations.
(1) The purposes of these regulations are to:
(a) Expedite university business and provide maximum safety, order, and access;
(b) Regulate parking, with priority given to:
(i) Services of the university;
(ii) ((Persons))Individuals who require the use of vehicles in connection with their on-campus work; and
(iii) Staff and students who require the use of private vehicles because of a disability or other approved reason; and
(c) Provide and maintain suitable campus parking and transportation systems.
(2) The vice president or designee whose responsibilities include supervision of the parking department ((shall have))has the authority to designate particular locations as parking, temporary parking, restricted parking, or prohibited parking, as well as the authority to designate permanent and temporary areas as being closed to vehicular traffic.
AMENDATORY SECTION(Amending WSR 90-11-078, filed 5/16/90, effective 7/1/90)
WAC 504-15-080Severability.
If any provision of this chapter, chapter 504-15 WAC, or its application to any ((person))individual or circumstance is held invalid, the remainder of the chapter or its application to other ((persons))individuals or circumstances is unaffected.
AMENDATORY SECTION(Amending WSR 15-11-036, filed 5/14/15, effective 6/14/15)
WAC 504-15-100Definitions.
The definitions in this section are applicable within the context of this chapter.
(1) Campus. Describes all property owned, leased, and/or controlled by the university Pullman campus which is or may hereafter be dedicated mainly to the educational, research, housing, recreational, parking, or other activities of the university.
(2) Commuter student. Any student who does not live in a university residence hall (dormitory). All students living in fraternities, sororities, university-owned housing (other than residence halls), and private housing are considered to be commuter students.
(3) Day. Unless otherwise specified, the term "day" refers to a calendar day.
(4) Disability zone. A parking zone designated for exclusive use by ((persons))individuals with disability and identified with a sign bearing the associated international symbol.
(5) Electric-assisted bicycle. As defined under RCW 46.04.169.
(6) Fire zone. An area needed for emergency access to buildings, fire hydrants, or fire equipment. Such areas include, but are not limited to, areas with adjacent curbs or rails painted red.
(7) Gate card. A plastic card that activates the gates controlling access to certain parking areas.
(8) Illegal use of permit. A parking violation in which a parking ticket is issued under the following circumstances:
(a) Use of a parking permit or indicator on a vehicle other than the specified vehicle identified by a license plate number on the permit.
(b) Use of a parking permit or indicator obtained under false pretenses.
(c) Use of a modified parking permit or indicator.
(d) Use and/or retention of a parking permit or indicator by ((person(s)))individual(s) ineligible, or no longer eligible, for such a permit as described and authorized in this chapter.
(9) Impound. To take and hold a vehicle in legal custody by use of a wheel lock and/or towing.
(10) Indicator. A decal or hanger displayed adjacent to a parking permit which defines additional parking areas available to a permit holder.
(11) Loading zone. A loading dock, or an area signed "loading zone" adjacent to a facility, in a parking area, or near a residence hall. Such an area is intended for loading and unloading bulky or voluminous material. Loading zones are restricted at all times unless signed otherwise.
(12) Moped. As defined under RCW 46.04.304.
(13) Motorcycle. As defined under RCW 46.04.330.
(14) Motorized foot scooter. As defined under RCW 46.04.336.
(15) Motor vehicle. As defined under RCW 46.04.320.
(16) No parking zone. Any area not specifically marked and/or signed for parking. Such areas include, but are not limited to, areas with adjacent curbs or rails painted yellow.
(17) Officer. Any parking or police official employed by the university who is designated by the parking administrator or chief of police to issue parking tickets, to place and remove wheel locks, or to cause vehicles to be towed under this chapter.
(18) Owner. The ((person))individual registered with any state as the present owner of a vehicle in the most current registration records available to the university, the owner's expressed representative, or any transferee not designated in such records, provided that the parking administrator or chief of police has received actual written notice of the transfer.
(19) Park/parking. This refers to the placement or standing of a vehicle, with or without a driver in attendance, and with or without the engine running.
(20) Parking administrator. The director in charge of the parking department or designee.
(21) Parking appeals committee. Any ((person or persons))individual or individuals appointed to consider parking violations and the application of fees, fines, and sanctions. Said ((person or persons))individual or individuals are appointed by the vice president whose responsibilities include supervision of the parking department or designee.
(22) Parking department. The university department which is charged with the responsibility of managing, operating, planning, and maintaining parking facilities; enforcing the parking regulations; and coordinating commute trip reduction efforts for the Pullman campus.
(23) Parking meter. A single fixed device that typically requires payment and limits the amount of time a vehicle can park in a single space. Also referred to as "meter" in this chapter. A parking meter is not a parking payment device.
(24) Parking payment device. A machine that requires payment and vends a parking permit and/or a paid receipt. Parking payment devices may be located in various places on the campus. A parking payment device is not a parking meter.
(25) Parking permit. A vinyl, plastic, paper, or other instrument sanctioned by the parking department that is displayed from a vehicle, and authorizes parking in specified areas. Some parking permits may be purchased online and may be virtual in nature, and identified by other means such as by license plate. (See the definition of "virtual permit" in subsection (46) of this section.) Also referred to as "permit" in this chapter.
(26) Parking ticket. The first notice of a parking violation which is usually placed in a visible location on a motor vehicle.
(27) Pay parking facility. A location where parking is provided and payment is made on-site via a parking payment device, cashier, or other means other than a parking meter.
(28) Pedestrian mall. A space that is designed primarily for pedestrian use, but with limited authorized use of motor vehicle and other motorized and nonmotorized conveyances. These restricted areas are depicted on the Pullman campus map and/or with signing at the entrances to the pedestrian mall areas.
(29) ((Persons))Individuals with disability. For the purpose of this chapter, ((persons))individuals with disability ((shall)) refer to ((a person or persons))an individual or individuals with disability or disabilities who qualify for a state-issued individual with disabilities parking identification and permit.
(30) Resident priority zone. A parking area close to a residence hall (i.e., crimson zone or gray zone) that is typically limited to use by residence hall students.
(31) Residence hall student. A student with a current, valid residence hall contract, who lives in a residence hall.
(32) Residence hall. Residence hall units (dormitories) that are owned by the university but are not included as university-owned housing apartments. Occupants of residence halls are considered residence hall students and are eligible for parking permits in resident priority zones.
(33) Service vehicle. A vehicle used to provide a service for the university or a tenant or contractor of the university (e.g., a university owned vehicle or a privately owned vehicle with a valid service vehicle authorization displayed).
(34) Service zone. Parking spaces or area designated for the use of service vehicles, other government-owned vehicles, and vehicles displaying a service indicator or commercial permit. Authorized vehicles may park in these zones on an occasional basis for a maximum of fifteen minutes, except for vehicles that display a commercial permit, or a service indicator issued for an extended time. Service zones are restricted at all times unless signed otherwise.
(35) Staff. For the purposes of these regulations, "staff" includes all nonstudent employees of the university and the nonstudent employees of other entities located on, or regularly doing business on campus. Teaching assistants, research assistants, and other students employed by the university, or other entities located on, or regularly doing business on campus, are not "staff." They are considered to be students for the purpose of these regulations.
(36) Standing. "Standing" is the stopping of a vehicle with the driver remaining in it.
(37) Storage of a vehicle. Impounded vehicles are held in storage until released. During such time they are subject to storage fees.
(38) Student. The term "student" includes all ((persons))individuals who are not staff who are taking courses at the university, enrolled full-time or part-time, pursuing undergraduate, graduate, professional studies, or auditing one or more classes.
(39) Summer session. The summer session includes all summer sessions beginning on the first day of the earliest session, and ending on the last day of the latest session.
(40) University. Refers to Washington State University.
(41) University holiday. A day regarded by the university as an official university holiday.
(42) University-owned housing. Housing units or apartments, and their respective parking areas, that are owned by the university, but are not included as residence halls. Occupants of university-owned housing are eligible for housing parking permits issued by the university.
(43) Unpaid. A full or partial outstanding balance due. This definition includes parking tickets which are pending appeal.
(44) Vacation. A period of time when classes or final exams are not in session. Except for holidays that fall within this period, the business offices of the university are open during this time.
(45) Vehicle storage. Vehicle storage means the parking or leaving of any vehicle for a period of more then twenty-four consecutive hours.
(46) Virtual permit. A virtual permit is authorization given at the time of vehicle registration with the parking department, allowing the registered vehicle to park in a designated lot, zone, or space. The virtual permit is associated with the vehicle license plate number and is used to identify the parking authorization.
(47) Visitors. ((Persons))Individuals who are not staff or students and who only visit the campus on an occasional basis.
(((47)))(48) Wheel lock. A device used to temporarily immobilize a motor vehicle. Wheel locked vehicles are considered to be impounded in place and subject to storage fees.
(((48)))(49) Wheel lock-eligible list. The current list of wheel lock-eligible vehicles as maintained by the parking department. A vehicle remains on the wheel lock-eligible list until all fines and fees related to parking tickets are paid in full or otherwise resolved to include the payment of fines and fees related to parking tickets not yet eligible for late fees.
(((49)))(50) Wheel lock-eligible vehicle. Any vehicle on which three or more parking tickets more than thirty days old are unpaid and which parking tickets were issued during the time the vehicle was registered to or otherwise held by the owner. The vehicle remains wheel lock-eligible until all fines and fees related to parking tickets are paid in full or otherwise resolved to include the payment of fines and fees related to parking tickets not yet eligible for late fees.
(((50)))(51) WSU disability permit. WSU-issued zone permit displayed with a valid state-issued disability placard or disability license plate.
AMENDATORY SECTION(Amending WSR 08-08-050, filed 3/27/08, effective 7/1/08)
WAC 504-15-220Signed and marked areas.
(1) Parking on campus is ((permitted))allowed only in the marked and/or signed spaces in parking facilities and on streets. All other areas outside these designated areas are "no parking zones." Each parking facility has signs or markings to indicate the type of permit or payment required, and the times they are required.
(2) Individual parking spaces are marked, and no vehicle may be parked so as to occupy any portion of more than one parking space. The fact that other vehicles were parked in a manner requiring a vehicle to occupy a portion of more than one space ((shall))must not constitute an excuse for a violation of this regulation.
(3) Standing (the stopping of a vehicle with the driver remaining in it) is ((permitted))allowed in marked parking spaces, except metered spaces and restricted spaces, even though the vehicle does not have a valid parking permit. Double parking while "standing" is not ((permitted))allowed.
(4) Should there be a conflict between these regulations, map designation, and on-site signs regarding parking instructions, the on-site sign takes precedence.
(5) Permit areas and restricted spaces are not always signed individually.
AMENDATORY SECTION(Amending WSR 08-08-050, filed 3/27/08, effective 7/1/08)
WAC 504-15-250Motorcycles and mopeds.
(1) The general traffic regulations applicable to motor vehicles apply to motorcycles and mopeds. Motorcycles or mopeds may not be driven on sidewalks or in pedestrian mall areas. Owners of motorcycles and mopeds are responsible for all violations issued.
(2) The university classifies mopeds and motorcycles by engine displacement (also referred to as engine size). This definition applies only to university property and does not replace or supersede the definitions established by the state of Washington for licensing purposes.
(3) ((Mopeds. Mopeds may park only in a designated moped parking area marked by signs and/or the letters "MP" on the parking surface; and a bicycle rack unless the rack is signed to exclude mopeds. Mopeds must display a valid university moped permit during posted times. Mopeds may not park in marked motorcycle areas at any time or anywhere within designated pedestrian mall areas.
(4))) Motorcycles and mopeds. Motorcycles and mopeds may park only in spaces which are marked by signs, or the letter "M" painted on the parking surface. Motorcycles and mopeds must display a valid university ((motorcycle))"M" permit during posted times. During all other times, these spaces are restricted to use by motorcycles and mopeds only. Motorcycles and mopeds may not park at bicycle racks or ((in designated moped))anywhere within designated pedestrian mall areas at any time.
AMENDATORY SECTION(Amending WSR 08-08-050, filed 3/27/08, effective 7/1/08)
WAC 504-15-300Financial responsibility for parking tickets.
(1) Each registered parking permit holder ((shall be))is financially responsible for parking tickets on vehicles:
(a) Registered with the parking department; and/or
(b) Displaying the registered parking permit holder's permit.
(2) Owners of vehicles are ((held)) ultimately held financially responsible for parking tickets issued to their vehicles.
AMENDATORY SECTION(Amending WSR 08-08-050, filed 3/27/08, effective 7/1/08)
WAC 504-15-420Withholding of fines and fees.
All parking permit applications ((shall))must provide that the university may withhold unpaid fines and fees, when permitted by law, from any sums owed the permit holder and to treat the same as a debt.
AMENDATORY SECTION(Amending WSR 08-08-050, filed 3/27/08, effective 7/1/08)
WAC 504-15-450Replacement parking permits, indicators, and gate cards.
(1) Sold or traded vehicles. Failure to advise the parking department of a sale or trade for registration purposes may result in continued responsibility to the permit holder for parking tickets received on vehicles.
The permit holder has responsibility for removing parking permits prior to selling or trading a vehicle. The identifiable remnants of the original permit must be presented to the parking department to receive a free replacement. ((Persons))Individuals failing to comply with this requirement ((shall))must pay the cost of a new permit.
(2) Lost/stolen permits. Permit holders are responsible for the security of their permits. The theft or loss of a parking permit should be reported to the parking department immediately upon discovery. A lost or stolen permit may be replaced upon payment to the parking department of the cost of replacing the permit, according to a schedule adopted by the parking department. Lost or stolen permits must be returned to the parking department immediately if recovered.
(3) Windshield replacements. When a permit-bearing windshield is replaced, the permit replacement fee is waived if proof of windshield replacement is presented.
(4) Gate card replacement. A lost, stolen, or damaged gate card is replaced upon payment to the parking department of the cost of replacing the gate card, according to a schedule adopted by the parking department.
AMENDATORY SECTION(Amending WSR 08-08-050, filed 3/27/08, effective 7/1/08)
WAC 504-15-460False information.
No ((person shall))individual may obtain, attempt to obtain, or use in a manner contrary to these regulations, a modified parking permit or a permit issued upon false information. A violation of this section includes giving a false name, address, identification number, and/or other information known to be false. It also includes the use of a visitor, conference, and commercial permit by staff or students. Violation of this provision ((shall)) constitutes the illegal use of a parking permit, and is subject to issuance of a parking ticket.
AMENDATORY SECTION(Amending WSR 08-08-050, filed 3/27/08, effective 7/1/08)
WAC 504-15-470Recall of parking permits and gate cards.
Parking permits are the property of the university and may be recalled by the parking administrator when:
(1) The purpose for which the permit or gate card was issued changes or no longer exists (e.g., ((a person))an individual who no longer lives in a residence hall would be required to return their gray permit for refund or credit toward an appropriate permit);
(2) A permit or gate card is used on an unauthorized vehicle or by an unauthorized ((person))individual;
(3) A parking permit application is falsified;
(4) A counterfeit, modified, lost/stolen permit or gate card is used; or
(5) The parking permit fee is unpaid.
AMENDATORY SECTION(Amending WSR 15-11-036, filed 5/14/15, effective 6/14/15)
WAC 504-15-520Parking permitsForm and display.
All parking permits must be entirely visible and displayed in the approved position on the vehicle with permit numbers and relevant dates visible. Vehicles with permits which are not displayed in accordance with the provisions of this section are subject to parking tickets for the violation of improperly displaying a permit.
(1) Autos and trucks:
(a) Daily permits must be displayed as instructed on the permit.
(b) Annual permits must be displayed on the left side (driver's side) of the windshield. Permits must be mounted completely by means of their own design. No additional substances may be used to adhere the permit unless approved by the parking department.
(2) Motorcycles and mopeds. ((Motorcycle and moped))"M" permits must be ((mounted completely by means of their own adhesive and)) prominently displayed on the left rear side of the vehicle or on top of the rear tail light. Permits must be mounted completely by means of their own design. No additional substances may be used to adhere the permit unless approved by the parking department.
(3) Virtual permits: Certain parking permissions do not require that a permit be displayed. In those instances, the virtual permit is associated with the license plate registered.
(a) Vehicles must be parked so that the license plate is visible from the driving aisle.
(b) No covers may be placed over the license plate that would inhibit the reflectivity of the plate.
(c) The alphanumeric characters of the license plate must be visible and unobstructed by license plate frames or other accessories.
(d) Individuals with virtual permits must ensure their current vehicle is registered and associated with their virtual permit. This process can be accomplished at the parking department.
(e) Multiple vehicles on the same virtual permit do not allow for more than one motor vehicle to be parked in a permit area on campus during the same period.
AMENDATORY SECTION(Amending WSR 15-11-036, filed 5/14/15, effective 6/14/15)
WAC 504-15-540Zone parking permitsAvailability and use.
The management and assignment of parking zones is designed to provide a parking space to each permit holder. However, uncontrolled access to parking areas and unexpected parking demand make it impossible to guarantee a parking space in a permit holder's assigned zone. Every effort is made via surveys and limits on permit sales, to ensure that permit holders are not displaced from their assigned zones. The only exception to this is that the sale of blue permits is not limited.
Staff and students are generally assigned to specific parking areas, referred to as zones. Parking zones are color-coded with respect to their price and numbered with respect to the specific parking zone assignment of each permit holder. Permit holders may park in their assigned zone as reflected by the combination of color and number on their permit and corresponding sign, or they may park in other zones as described below.
(1) Orange permits. Orange permit holders may park in their numerically assigned orange zone, or in any green, yellow, red, or blue zone. These permits may be made available on a daily basis.
(2) Green permits. Green permit holders may park in their numerically assigned green zone, or in any yellow, red, or blue zone. These permits may be made available on a daily basis.
(3) Yellow permits. Yellow permit holders may park in their numerically assigned yellow zone, or in any red or blue zone. These permits may be made available on a daily basis.
(4) Red permits. Red permit holders may park in their numerically assigned red zone or in any blue zone. These permits may be made available on a daily basis.
(5) Crimson permits. Crimson 1 permit holders may park in ((their numerically assigned crimson zone, or in the numerically corresponding gray zone (e.g., a crimson 1 permit is valid in the gray 1 zone, but not in the gray 2 zone), or in any blue zone))the crimson 1 zone, or in any gray 1 zone, or blue 1 zone. Crimson 2 permit holders may park in the crimson 2 zone, or in any gray 2 zone, or blue 1 zone. Crimson 3 permit holders may park in the crimson 3 zone, or in any gray 2 zone, or blue 1 zone. Crimson 4 permit holders may park in the crimson 4 zone, or in any gray 1 zone, or blue 1 zone. Crimson permit holders must turn in their crimson permit for a refund or credit toward another permit, if applicable, immediately upon moving out of the residence hall. Only residence hall students are eligible for crimson permits ((with the exception of the crimson 3 zone, which is available to all students)). Residence hall students are eligible for crimson, gray, or blue permits only.
(6) Gray permits. Gray permit holders may park in their numerically assigned gray zone, or in any blue zone. These permits may be made available on a daily basis. Gray permit holders must turn in their gray permit for refund or credit toward another permit, if applicable, immediately upon moving out of a residence hall. Only residence hall students are eligible for gray permits. Residence hall students are eligible for crimson, gray, or blue permits only.
(7) Blue permits. Blue permit holders may park in any blue zone. These permits may be made available on a daily basis.
AMENDATORY SECTION(Amending WSR 15-11-036, filed 5/14/15, effective 6/14/15)
WAC 504-15-560Other parking permitsAvailability and use.
(1) Visitor permits. For information about visitor parking, refer to the parking department's web site.
(2) Golden cougar permits. Golden cougar permits are special permits that are issued to retired or emeritus staff for their sole use in recognition of their service without additional cost. They are issued on an annual basis and are valid in designated areas that are approved by the parking department. Staff who are employed by the university or by other entities located on campus after formal retirement are not eligible to use a golden cougar permit in lieu of a regular paid zone permit.
(3) Event permits. Event permits are available to patrons who participate in events held on the university campus. They are available on a daily basis only. Event permits are assigned to specific zones on a space-available basis. Event permits are not valid in restricted spaces.
(4) ((Motorcycle))"M" permits. Motorcycle and moped permits are valid within boundaries of areas specifically posted and/or marked for ((motorcycle))"M" permits. ((Motorcycle))"M" permits are available on an annual and daily basis.
(5) ((Moped permits. Moped permits are valid within boundaries of areas specifically posted and/or marked for moped permits. Moped permits are available on an annual and daily basis.
(6))) Commercial permits. Commercial permits are issued to vendors, suppliers, and service representatives of outside companies performing a service for the university. Commercial permits are available on an annual or daily basis. Annual commercial permits are valid in service zones, parking meters, and green, yellow, red, and blue zones((, and visitor-permit-only parking spaces)). Daily commercial permits may be assigned to specific zones on a space-available basis. Commercial permits are not valid in orange zones or pay parking facilities.
(((7) Construction permits. A construction permit is issued to personnel who are working on a construction site on campus. Construction permits are available on an annual or daily basis and are assigned to a specific parking area.
(8)))(6) Housing permits. A housing permit is issued to eligible residents of university-owned housing. Housing permits are valid only in specific housing parking areas.
(((9)))(7) Carpool. Upon application, a bona fide carpool as defined by the campus policies and procedures is given preference in the assignment of parking zones, and issued a permit that facilitates the carpool. Obtaining or using a carpool permit under false pretenses constitutes the illegal use of a permit.
(((10)))(8) Departmental permits. Departmental parking permits are available for use by department employees who need to use their personal vehicles for university business. Departmental permits are available in different forms and are valid at parking meters; service zones; orange, green, yellow, red, blue, crimson, and gray permit zones; and pay parking facilities. Departmental permits are not valid in reserved spaces. The use of departmental permits for anything other than official departmental business is prohibited by the State Ethics Act.
(9) College hill permits. College hill permits are valid in designated parking areas that are approved by the parking department.
(10) Night parking permits. Night parking permits are permits issued to designated WSU employees approved by the parking department that allow the approved employees to park during specific hours in designated areas.
(11) Exempt permits. Exempt permits are issued to departments and entities located on campus for university owned vehicles and other publicly owned vehicles. All other publicly owned vehicles owned by entities not located on or regularly doing business on campus must display a valid permit to park on campus. Police, fire, and emergency vehicles are not required to display a permit on campus.
(12) Media permits. Media permits are issued to media organizations that need to cover news on the WSU Pullman campus. Media permits are valid in green, yellow, red, and blue zones, and meters for the maximum time listed on the meter. Media employees who are also WSU students, faculty, or staff may use the media permit only to cover news stories. Media permits may not be used for personal use, attending class, other day-to-day services that fall within normal job duties. Any attempt by WSU students, faculty, or staff to use a media permit in lieu of a WSU permit may result in a fine for illegal use of a parking permit and/or recall of the media permit by the parking department.
(13) WSU permits. WSU permits are valid in orange, green, yellow, red, and blue zones, hourly parking facilities, and parking meters.
(14) Day permits. Day permits are sold on a daily basis and are valid in green, yellow, red, and blue zones.
(15) Reserved permits. Reserved permits are valid in a designated reserved lot or space.
AMENDATORY SECTION(Amending WSR 08-08-050, filed 3/27/08, effective 7/1/08)
WAC 504-15-580Special indicator decals and hangers.
Special indicator decals or hangers may be issued to staff and student permit holders who have otherwise valid parking permits in the following cases:
(1) A "service" indicator decal or hanger is valid typically for a maximum of fifteen minutes in a marked service zone. A "mall service" indicator is valid typically for a maximum of fifteen-minute parking in the pedestrian malls. These are available to staff or students who must use a private vehicle for university business. ((They))Mall service indicators are issued on an annual or daily basis upon the approval of the parking administrator or ((his/her))their designee.
(2) A "night parking" indicator decal or hanger is valid in permit zones up to thirty minutes after the permit enforcement times for the zone begin, and thirty minutes before the permit times for the zone end. For example, if permits are required in a permit zone from 7:00 a.m. to 5:00 p.m., the night parking indicator is valid in that zone from 4:30 p.m. until 7:30 a.m. Night parking indicators are not valid at any time in orange zones, crimson zones, gray zones, parking meter spaces, pay parking facilities, restricted spaces, or permit zones that require a parking permit at all times.
(3) Reserved parking indicator decals and hangers which are valid in parking spaces that are signed for the corresponding permit and indicator.
AMENDATORY SECTION(Amending WSR 15-11-036, filed 5/14/15, effective 6/14/15)
WAC 504-15-600Parking for ((persons))individuals with disability.
(1) The provisions of this chapter cover disability parking and the payment of fees and fines associated with parking for ((persons))individuals with disability.
(2) For the purpose of this chapter, ((persons))individuals with disability ((shall)) refer to ((a person or persons))individuals with disability who qualify for a state-issued individual with disabilities parking identification and permit as provided in chapter 308-96B WAC.
(3) The university uses the state individual with disabilities parking permit system to determine eligibility for disability parking.
(4) Unless otherwise authorized, parking in spaces designated for ((persons))individuals with disability requires a WSU disability permit to park on campus.
(5) ((Persons))Individuals with a WSU disability permit may park in ((a persons))an individuals with disability parking space and any other, nonrestricted permit space within a parking permit zone.
(6) ((Persons))Individuals with a WSU disability permit may not park in restricted spaces with the exception of ((persons))individuals with disability parking spaces.
(7) Unless otherwise posted, any university parking permit to include a WSU disability permit is not valid in lieu of payment of regular posted fees in pay parking facilities.
(8) A state-issued individual with disabilities license plate, placard, or permit is valid in lieu of a WSU disability permit in parking zones during times when a university permit is not required.
(9) The university intends to retain control of access to the pedestrian malls on campus. For that reason a WSU disability permit is required in lieu of a state-issued individual with disabilities license plate, placard, or permit as authorization to use a pedestrian mall to access marked ((persons))individuals with disability parking spaces within the confines of a pedestrian mall.
AMENDATORY SECTION(Amending WSR 15-11-036, filed 5/14/15, effective 6/14/15)
WAC 504-15-650Parking fees and fines.
(1) Schedules for parking fees, parking administrative fees, late payment fees, parking fines and sanctions, parking meter rates, prorate and refund schedules, and the effective date thereof are submitted to the president or ((his/her))their designee and to the board of regents for approval by motion, provided, however, that increases in fees and fines do not exceed limits established by the board of regents. Increases in fees and fines that do not exceed limits established by the board of regents are not submitted to the board of regents so long as the board of regents has delegated authority to the president or ((his))their designee to approve all such fees and fines. The schedules described above for all parking fees and fines are thereafter posted in the public area of the parking department office and posted on the parking department's web site.
(2) Before purchasing a permit, the balance of any fees and fines owed to the parking department must be paid in full.
(3) Payments. Parking fees and fines may be paid at the parking department by cash, check, approved payment card, or money order. A payroll deduction plan is available for eligible university employees and eligible graduate students.
(4) The annual fee for any shorter period relative to all permits ((shall be))is prorated according to the published schedule.
(5) The proper fee must be paid for all vehicles parked in parking meter spaces unless otherwise authorized.
(6) Staff members whose work schedules qualify them for nighttime differential pay may purchase a permit for one-half the regular fee. Verification is required.
(7) Refunds. Annual physical permits being relinquished ((may))must be returned to the parking department in person for a pro rata refund in accordance with university policy. Identifiable remnants of ((the))physical permits must be returned. In the case of annual virtual permits, the permit purchaser must notify the parking department in person or in writing that they want to relinquish the permit permissions for a pro rata refund in accordance with university policy. The balance of any fees and fines owed the parking department is deducted from any refund due. Refunds for temporary permits are not granted. Refunds for pretax payroll deductions cannot be granted pursuant to federal tax laws.
(8) The parking department makes a wide array of options available in advance to university departments for use by their visitors, guests, and employees for the purpose of conducting departmental business. However, when necessary, university departments that can establish in writing that a parking ticket issued by the parking department was received as a result of parking any vehicle for the purpose of conducting official state business, or while conducting official business with the university or an entity located at the university are assessed a parking fee assessment (PFA) in lieu of the parking fine. Such requests for PFAs are signed by a department fiscal custodian. A PFA consists of the maximum daily parking fee plus an additional administrative fee for failing to purchase and provide the necessary parking permit or fee in advance or at the time of parking. University departments are encouraged to avoid additional administrative fees associated with PFAs by purchasing and storing prepaid parking permits and by making them available as the department deems necessary. Nothing in this regulation allows a university employee to receive, or attempt to receive, any benefit associated with ((his or her))their personal expenses in violation of the State Ethics Act. All questionable employee conduct regarding the application of this section is reported to, and investigated by, the university internal auditor. This section applies only to parking tickets issued pursuant to this chapter.
AMENDATORY SECTION(Amending WSR 14-11-024, filed 5/12/14, effective 6/12/14)
WAC 504-15-810Violations, fines, and sanctions.
(1) Violations and fines. Parking violations are processed by the university. Fines must be paid at the parking department or at other authorized locations, by mail, or from the parking department's web site. Schedules for parking violations, fines, and sanctions are posted in the public area of the parking department office and on the parking department's web site.
(2) Reduction of fines. Internal policies regarding disposition of parking tickets may be established on approval of the vice president or designee whose responsibilities include supervision of the parking department.
(3) Payment of parking fines.
(a) All parking fines and fees are due upon issuance. Thirty days after date of issuance, a late fee ((shall be))is added to all unpaid parking fines. For example, a parking ticket issued on May 1st((would be))is assessed a late fee on May 31st.
(b) Parking fines and fees assessed for any violation results in referral to the university controller's office for internal collection. ((The controller or designee may, if other collection efforts fail, withhold the amount of the outstanding fines and fees from damage deposits or other funds held for any student in order to secure payment.)) Where internal collection efforts are unsuccessful, the controller or designee may ((notify the registrar to refrain from issuing))place a hold on student transcripts ((or to withhold permission to reenroll for a subsequent term)), registration, or other university services until outstanding fines and fees are paid, and/or transfer the account to an external collection agency. The procedures discussed above are not exclusive, however, and failure by anyone to pay fines and fees may also lead to towing or use of the wheel lock device described in these regulations. Nor are the procedures discussed above a precondition to towing or use of the wheel lock.
(c) Account balances not paid to the university voluntarily may be forwarded to an external collections agency and are subject to additional collection fees of up to fifty percent, attorney's fees, and court costs when necessary.
(4) Failure to pay fines. Failure to pay a fine or comply with other penalties assessed pursuant to these regulations, and exhausting or failing to exercise appeals provided for in these regulations, may result in the inability to renew a vehicle license through the state pursuant to RCW 46.16.216.
AMENDATORY SECTION(Amending WSR 14-11-024, filed 5/12/14, effective 6/12/14)
WAC 504-15-860Appeal procedures.
The parking ticket represents a determination that a parking violation has been committed and the determination is final unless otherwise provided or appealed as provided in this chapter.
(1) Purpose. The parking appeals process serves three primary functions:
(a) To hear parking ticket appeals;
(b) To hear appeals of wheel lock eligibility determinations; and
(c) To hear appeals of impoundments.
(2) Procedure. Any ((person))individual who has received a parking ticket may appeal the alleged parking violation. Appeal of wheel lock eligibility determinations and impoundments are described in WAC 504-15-865 and 504-15-870.
(3) Written parking ticket appeals. The appeal must be in writing and received at the parking department within ten calendar days of issuance of the parking ticket. ((Paper and))Online forms for this purpose are available from the parking department. The parking appeals committee makes an initial decision regarding the appeal within twenty calendar days during the academic year and within thirty calendar days during the summer months after receipt of the appeal. The committee provides a brief statement of the reason(s) for its decision to the appellant within ten calendar days of the decision.
(4) Review hearing of initial decision. If the appellant is dissatisfied with the initial decision, the appellant may request a hearing before a hearing officer or the parking appeals committee. Such request must be made within ten calendar days of the date of the initial parking appeals committee decision. If no such request is received, the initial decision ((shall be))is final. During the hearing the appellant and representatives of the parking department may present and cross-examine witnesses. The hearing officer or appeals committee ((shall)) renders a decision in writing and provides the appellant with the decision within ten calendar days after the hearing.
(5) Appeal to district court. RCW 28B.10.560 provides that ((a person))an individual who is not satisfied with the final decision of the university may appeal to district court. The application for appeal to district court ((shall))must be in writing and must be filed at the parking department office within ten calendar days after the date of the review hearing. The parking department forwards the documents relating to the appeal to the district court.
AMENDATORY SECTION(Amending WSR 15-11-036, filed 5/14/15, effective 6/14/15)
WAC 504-15-865General.
(1) Pursuant to the provisions of this chapter, an officer ((shall))must cause a vehicle to be wheel locked, or towed, or both, if:
(a) The vehicle is on the wheel lock-eligible list; or
(b) The vehicle displays a lost, stolen, or counterfeit parking permit.
(2) Any vehicle may be towed away at owner's/operator's expense if the vehicle:
(a) Has been immobilized by wheel lock for more than twenty-four hours; or
(b) Is illegally parked in a marked tow-away zone; or
(c) Is a hazard or obstruction to vehicular or pedestrian traffic (including, but not limited to, vehicles parked at curbs or rails painted yellow or red or in crosswalks); or
(d) Cannot be immobilized with a wheel lock device; or
(e) Is illegally parked in a disability space; or
(f) Is parked in an area designated to be used for emergencies, maintenance, events, or construction; or
(g) Is otherwise illegally parked based on the executive authority of the parking department or the university police department.
(3) The driver and/or owner of a towed vehicle ((shall))must pay towing and storage expenses.
(4) Any vehicle immobilized by use of the wheel lock device in excess of twenty-four hours is assessed a storage fee for each calendar day or portion thereof, beyond the first twenty-four hours.
(5) The university assumes no responsibility in the event of damages resulting from towing, use of wheel lock devices, storage, or attempts to move a vehicle with a wheel lock device installed.
(6) No vehicle impounded by towing or wheel lock devices ((shall be))is released until the following fines are paid in cash or with an approved payment card:
(a) All unpaid parking ticket fines and late fees against said vehicle and any other vehicle registered to the owner;
(b) A wheel lock fee; and
(c) All towing and storage fees.
(7) ((A person))An individual wishing to challenge the validity of any fines or fees imposed under this chapter may appeal such fines or fees as provided in WAC 504-15-860. However, in order to secure release of the vehicle, such ((person))individual must pay the amount of such fines or fees as a bond which ((shall be))is refunded to the extent the appeal is successful.
(8) An accumulation of six unpaid violations during any twelve-month period, exclusive of overtime at parking meter violations, and overtime in time zone violations, subjects the violator to revocation or denial of parking privileges. Vehicles without permits which accumulate the above number of violations may be prohibited from parking on university property.
AMENDATORY SECTION(Amending WSR 08-08-050, filed 3/27/08, effective 7/1/08)
WAC 504-15-870Wheel lock-eligible list.
(1) The parking administrator ((shall be))is responsible for creating and maintaining the wheel lock-eligible list. See definition of "wheel lock-eligible vehicle under WAC 504-15-100(50)."
(2) A wheel lock-eligible vehicle ((shall be))is placed on the wheel lock-eligible list after notice has been issued as provided in subsection (3) of this section and an appeal of the wheel lock eligibility determination, if requested, under subsection (4) of this section.
(3) At least ten days prior to placing a vehicle on the wheel lock-eligible list, the parking administrator ((shall))must mail a notice to the owner. The parking administrator mails the notice to the address stated on the most current registration records available to the university from a state, or any more current address of which the parking administrator or chief of police has actual written notice. The notice is sent by first class United States mail, postage prepaid. The notice ((shall))must set forth:
(a) The make and license plate number of the alleged wheel lock-eligible vehicle.
(b) A specified date on which the wheel lock-eligible vehicle is subject to placement on the wheel lock-eligible list.
(c) A list of the three or more alleged unpaid parking tickets, including the parking ticket number, date, time, place of the violation, and the nature of the violation. This list ((shall))must include all unpaid parking tickets issued to a particular vehicle to include the payment of fines and fees related to parking tickets not yet eligible for late fees.
(d) That the owner may avoid the placement of the vehicle on the wheel lock-eligible list by making payment in full of fines and late fees on all unpaid parking tickets to include the payment of fines and fees related to parking tickets not yet eligible for late fees by the specified date on which the vehicle is subject to placement on the wheel lock-eligible list.
(e) The name, mailing address (and street address if different), and telephone number of the parking department office that may be contacted to appeal the wheel lock eligibility determination. Such an appeal only considers whether an individual vehicle was properly placed on the wheel lock-eligible list and not the merits of an individual parking ticket, which may be addressed pursuant to a separate appeals process described in WAC 504-15-860.
(f) That the vehicle is subject to wheel lock, towing, or both once it is placed on the wheel lock-eligible list.
(g) That all late fees, wheel lock fees, towing, and storage fees ((shall))must be payable in full to obtain the release of a vehicle wheel locked or towed pursuant to this chapter in addition to payment of any and all unpaid parking tickets on this vehicle or other vehicles owned by the registered owner to include the payment of fines and fees related to parking tickets not yet eligible for late fees.
(4) If a request for an appeal of a wheel lock eligibility determination is received by the parking administrator before the specified date in the notice for placement of the vehicle on the wheel lock-eligible list, then the parking administrator ((shall))must afford the owner an opportunity to appeal the wheel lock eligibility determination prior to the placing of a vehicle on the wheel lock-eligible list. Although the parking administrator ((shall))does not have the authority to adjudicate the merits of any parking ticket, she or he ((shall))must, however, receive evidence and other input from the owner appealing the wheel lock eligibility determination that the notice given under subsection (3) of this section was erroneous or based on erroneous information.
(5) If an owner timely participates in the appeal as scheduled by the parking administrator, ((he or she shall))they must furnish the owner written notice of ((his or her))their decision prior to placing the vehicle on the wheel lock-eligible list.
(6) After the specified date provided in the notice issued under subsection (3) of this section, the parking administrator ((shall))must review the records to ensure that the alleged unpaid parking tickets have not been paid or otherwise resolved, and that no information has been received indicating that the notice was erroneous.
(7) Once a vehicle has been placed on the wheel lock-eligible list, it ((shall))must not be removed from the list unless and until:
(a) The fines and fees on all unpaid parking tickets issued during the time it has been registered to or otherwise held by the owner are paid or otherwise resolved to include the payment of fines and fees related to parking tickets not yet eligible for late fees;
(b) The parking administrator receives reliable information that title to the vehicle has been transferred; or
(c) The parking administrator determines that the placement of the vehicle on the wheel lock-eligible list was erroneous.
(8) If a vehicle is not properly registered in any state or no registration information is available to the university and the vehicle is wheel lock eligible, then notice ((shall))must be provided by posting on the vehicle a conspicuous notice, which ((shall))must set forth:
(a) A description of the alleged wheel lock-eligible vehicle;
(b) A specified date on which the wheel lock-eligible vehicle is subject to placement on the wheel lock-eligible list;
(c) That the owner may avoid placement of the vehicle on the wheel lock-eligible list by making payment in full of fines and late fees on all unpaid parking tickets to include the payment of fines and fees related to parking tickets not yet eligible for late fees by the specified date certain on which the vehicle is subject to placement on the wheel lock-eligible list; and
(d) That the vehicle is subject to wheel lock, towing or both once it is placed on the wheel lock-eligible list.
(9) An officer ((shall))must attempt to wheel lock any vehicle which appears on the wheel lock-eligible list when parked, lawfully or unlawfully, on campus.
(10) The parking administrator or the chief of police ((shall))must ensure that officers are on duty to remove wheel locks from vehicles Monday through Friday between 8:00 a.m. and 5:00 p.m.
AMENDATORY SECTION(Amending WSR 10-11-083, filed 5/17/10, effective 7/1/10)
WAC 504-15-880Fees, fines, and release of an impounded vehicle.
The owner of an impounded vehicle may not secure the release of the stored vehicle until payment in full by cash, approved payment card, or money order of fines and fees has been made on all unpaid parking tickets to include the payment of fines and fees related to parking tickets not yet eligible for late fees relating to the vehicle which were issued while the vehicle was owned by the ((person))individual who owned the vehicle at the time it is wheel locked or towed hereunder, and the owner has paid in full the wheel lock fee, unpaid parking tickets, late fees, storage fees, and towing fees for any and all other vehicles owned by the registered owner.
AMENDATORY SECTION(Amending WSR 08-08-050, filed 3/27/08, effective 7/1/08)
WAC 504-15-885Theft, damage, or removal of a wheel lock device.
The following conduct of any ((person shall))individual must be reported to university police:
(1) Causing physical damage to a wheel lock device;
(2) Removing, or attempting to remove, a wheel lock device; or
(3) Taking or stealing a wheel lock device.
AMENDATORY SECTION(Amending WSR 08-08-050, filed 3/27/08, effective 7/1/08)
WAC 504-15-920Closed and restricted areas.
In certain designated areas on campus, such as the pedestrian mall in the campus core, driving is restricted to mall service vehicles and vehicles bearing university-issued ((persons))individuals with disability permits.
AMENDATORY SECTION(Amending WSR 15-11-036, filed 5/14/15, effective 6/14/15)
WAC 504-15-930Bicycles, skateboards, scooters, and roller skates.
(1) The riding and use of bicycles, skateboards, scooters, and roller skates is prohibited on all building plazas, all pedestrian overpasses, interior building spaces, parking structures, parking structure ramps, all stairways, steps, ledges, benches, planting areas, any other fixtures, and in any other posted area.
(2) Bicycles, skateboards, scooters, and roller skates may be ridden and used on sidewalks outside the prohibited areas when a bike path is not provided.
(3) Electric-assisted bicycles must be used in a human propulsion only mode on pedestrian malls and sidewalks.
(4) Motorized foot scooters must be used in a human propulsion only mode on sidewalks.
(5) Operators must move at a safe speed and yield to pedestrians at all times. Reckless or negligent operation of bicycles, skateboards, scooters, and roller skates on any part of campus is prohibited.
(6) Bicyclists must obey all traffic laws applying to ((persons))individuals riding bicycles when operating bicycles on roadways.
(7) Bicycles may be secured only at university-provided bicycle racks and bicycle storage facilities designed for such purpose.
(8) Bicycles that are not secured at university-provided bicycle racks or bicycle storage facilities may be impounded at the owner's expense.
(9) Abandoned and inoperable bicycles. Internal policies regarding abandoned and inoperable bicycles, including the impoundment of bicycles at the WSU Pullman campus, may be established upon approval by the vice president or designee whose responsibilities include supervision of the parking department.