WSR 01-20-030

PERMANENT RULES

UNIVERSITY OF WASHINGTON


[ Filed September 26, 2001, 8:32 a.m. ]

Date of Adoption: September 21, 2001.

Purpose: The proposed amendments to chapter 478-116 WAC, Parking and traffic rules of the University of Washington, Seattle, are needed to clarify the change in scope for these rules, add a new type of permit, and amend the fine schedule.

Citation of Existing Rules Affected by this Order: Repealing WAC 478-116-040 and 478-116-046; and amending WAC 478-116-010, 478-116-051, 478-116-101, 478-116-111, 478-116-114, 478-116-121, 478-116-145, 478-116-151, 478-116-163, 478-116-201, 478-116-211, 478-116-245, 478-116-255, 478-116-291, 478-116-301, 478-116-311, 478-116-411, and 478-116-605.

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

Adopted under notice filed as WSR 01-13-015 on June 11, 2001.

Changes Other than Editing from Proposed to Adopted Version: The title of chapter 478-116 WAC has also been amended. The amended title is: Parking and traffic rules of the University of Washington, Seattle.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 18, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 18, Repealed 2.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 18, Repealed 2.
Effective Date of Rule: Thirty-one days after filing.

September 24, 2001

Rebecca Goodwin Deardorff

Director, Administrative Procedures

OTS-4686.1


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

WAC 478-116-010   Preamble.   Pursuant to the authority granted by RCW 28B.10.560 and 28B.20.130, the board of regents of the University of Washington establishes the following rules to govern vehicle traffic and parking upon public lands and facilities of the University of Washington in Seattle, Washington.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-010, filed 6/19/97, effective 9/15/97. Statutory Authority: RCW 28B.10.300 and 28B.10.560. 84-10-030 (Order 84-3), 478-116-010, filed 4/30/84. Statutory Authority: RCW 28B.10.560. 78-07-019 (Order 78-3), 478-116-010, filed 6/15/78; Order 75-2, 478-116-010, filed 6/4/75.]


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

WAC 478-116-051   Definitions.   (1) Allowed meter time. The maximum time allowed on a pay meter at any one time.

(2) Assign/assignment. Areas designated for a person to park.

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

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

(5) Designate/designated. Parking area assignment for person to park per WAC 478-116-261.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(21) Renewal/renew. The replacement of an expired parking permit at the end of the permit's effective period.

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

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

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

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

(26) University. The University of Washington.

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

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

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-051, filed 6/19/97, effective 9/15/97.]


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

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

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

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

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

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

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-101, filed 6/19/97, effective 9/15/97.]


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

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

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

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

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

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-111, filed 6/19/97, effective 9/15/97.]


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

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

(2) Permits displaying license plate numbers shall only be used in the vehicles whose license number is written on the permit. ((Only one vehicle may display and use the permit at any time while parked on campus.))

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-114, filed 6/19/97, effective 9/15/97.]


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

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

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

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

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

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

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

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

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

(d) Persons who drop off and pick up children enrolled in established university programs for limited time periods;

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

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

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

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

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-121, filed 6/19/97, effective 9/15/97.]


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

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

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

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

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-145, filed 6/19/97, effective 9/15/97.]


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

WAC 478-116-151   Parking of state of Washington-owned university-operated motor vehicles.   (1) Parking services may exempt university vehicles from the permit requirement set forth in WAC 478-116-201 and the requirement that motor vehicles must be parked in designated parking areas as set forth in WAC 478-116-261.

(2) Unless express permission is given by parking services, university vehicles shall abide by the rules set forth in WAC 478-116-253 and 478-116-255.

(3) Unless express permission is given by parking services, university vehicles may park in pay-by-space numbered spaces, timed load/unload zones, and metered spaces only for the maximum time posted.

(4) The operator of a university vehicle is personally liable for any citation issued to the motor vehicle under these rules.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-151, filed 6/19/97, effective 9/15/97.]


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

WAC 478-116-163   Fee schedule.   Fees for parking and the effective date thereof shall be submitted to the board of regents for approval by motion. Prior to approval by the board of regents, the university shall, after notice, hold a hearing on the proposed schedule. The hearing shall be open to the public, and shall be presided over by a presiding officer who shall prepare a memorandum for consideration by the university, summarizing the contents of the presentations made at the hearing. Approved fee schedules shall be available in the public area of the parking services offices and ((in)) on the University of Washington ((Operations Manual, D 53.4, Attachment B)) website.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-163, filed 6/19/97, effective 9/15/97.]


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

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

(2) Permission to park ((on campus)) shall be shown by display of a valid permit. Possession of a gate key card does not, in itself, constitute permission to park in a designated parking area.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-201, filed 6/19/97, effective 9/15/97.]


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

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

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

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

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

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-211, filed 6/19/97, effective 9/15/97.]


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

WAC 478-116-245   Obstructing traffic and pedestrian movement prohibited.   No person shall stop, stand or park any motor vehicle so as to obstruct traffic along or upon any street nor to obstruct pedestrian movement on any plaza, path, or sidewalk.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-245, filed 6/19/97, effective 9/15/97.]


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

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

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-255, filed 6/19/97, effective 9/15/97.]


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

WAC 478-116-291   Impoundment of motor vehicles.   Any motor vehicle parked ((upon campus)) may be subject to impoundment for cause as specified under WAC 478-116-401, 478-116-411 and 478-116-421. The university and its officers, employees and agents shall not be liable for loss or damage of any kind resulting from such impoundment.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-291, filed 6/19/97, effective 9/15/97.]


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

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

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

(a) The fine schedule and instructions for payment;

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

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

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-301, filed 6/19/97, effective 9/15/97.]


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

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

OFFENSE MAXIMUM FINE
01 Obstructing traffic or pedestrian

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

WAC 478-116-245

$((25.00)) 30.00

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

WAC 478-116-251

((20.00)) 25.00
03 Failure to lock ignition and/or set brakes . . . . . . . . . . . .

WAC 478-116-281

((5.00)) 10.00
04 Improper display of vehicle permit . . . . . . . . . . . .

WAC 478-116-223

((3.00)) 7.00
05 Permit not registered to this vehicle . . . . . . . . . . . .

WAC 478-116-227

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

WAC 478-116-271

10.00
07 Parking in restricted parking area . . . . . . . . . . . .

WAC 478-116-251

((25.00)) 30.00
08 Parking in prohibited area . . . . . . . . . . . .

WAC 478-116-253

((25.00)) 30.00
09 Parking on planted areas . . . . . . . . . . . .

WAC 478-116-261

((16.00)) 25.00
10 Parking out of assigned area . . . . . . . . . . . .

WAC 478-116-261

((5.00)) 10.00
11 Parking over posted time limit . . . . . . . . . . . .

WAC 478-116-251

((16.00)) 25.00
12 Parking with no valid permit displayed . . . . . . . . . . . .

WAC 478-116-201

25.00
13 Parking at expired meter . . . . . . . . . . . .

WAC 478-116-211

((16.00)) 25.00
14 Parking outside cycle area . . . . . . . . . . . .

WAC 478-116-221

((5.00)) 10.00
15 Parking in space/area not designated

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

WAC 478-116-261

((12.00)) 25.00

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

WAC 478-116-184

((50.00)) 100.00
17 Use of forged/stolen vehicle permit . . . . . . . . . . . .

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

((100.00)) 250.00
18 Use of revoked permit . . . . . . . . . . . .

WAC 478-116-231

((50.00)) 100.00
19 Unauthorized overnight parking of a

motorhome . . . . . . . . . . . .

WAC 478-116-125

50.00

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

WAC 478-116-291

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

25.00

22 ((Failure to transfer a valid permit (upon application to the parking violations division the fine may be waived for the first offense in a twelve-month period) . . . . . . . . . . . .

WAC 478-116-223

3.00

23)) Parking in space designated for disability or wheelchair . . . . . . . . . . . .

WAC 478-116-255

((50.00)) 250.00

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-311, filed 6/19/97, effective 9/15/97.]


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

WAC 478-116-411   Impoundment without prior notice.   A vehicle may be impounded without reasonable attempt having been made to notify the owner of the possibility of this action only in the following circumstances:

(1) When in the judgment of a university police officer or parking enforcement officer the vehicle is obstructing or may impede the flow of traffic, or is parked unattended in a posted fire lane; or

(2) When in the judgment of a university police officer or parking enforcement officer the vehicle poses an immediate threat to public safety; or

(3) When a university police officer has probable cause to believe the vehicle is stolen; or

(4) When a university police officer has probable cause to believe that the vehicle contains or constitutes evidence of a crime, and in the police officer's judgment impoundment is necessary to obtain or preserve such evidence; or

(5) When a driver is arrested and/or deprived of the right to leave with the driver's vehicle, and the university police are responsible for the "safekeeping" of the vehicle.

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-411, filed 6/19/97, effective 9/15/97.]


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

WAC 478-116-605   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. All bicycle owners are encouraged to register their bicycles at the university police department.

(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 ((campus)) 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 ((campus)) 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, except for those racks adjacent to residence halls which may be used for storage when the owner/operator is a current resident of that hall.

(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) Except as provided by subsection (7) of this section, a bicycle abandoned or parked on university land for ((twenty-one)) 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 university police department. A bicycle that has been obviously stripped or vandalized may be immediately impounded.

(c) Impounded bicycles will be stored at the university police department. Bicycles will be released at specified times and upon presentation of proof of ownership and payment of a ten-dollar fine. 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 sale at a public auction conducted by the university surplus property department.

(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 ((on campus)).

[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 97-14-005, 478-116-605, filed 6/19/97, effective 9/15/97.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 478-116-040 Authority of university police officers.
WAC 478-116-046 Directions issued by university police officers.

Washington State Code Reviser's Office