PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 03-04-074.
Title of Rule: Bellevue Community College parking and traffic rules.
Purpose: Amends the existing WAC that describes regulations for pedestrian and vehicle traffic concerning parking, permits, traffic rules, citations, appeal, reporting of accidents and enforcement.
Other Identifying Information: WAC 132H-116-300 through 132H-116-791.
Statutory Authority for Adoption: RCW 28B.50.140.
Summary: The changes to the parking and traffic rules will bring them into compliance with current practice. The amendments also correct changes in titles.
Reasons Supporting Proposal: The college has grown substantially since the rules were last amended. The changes, particularly concerning permits, make the rules easier for students to follow and for officers to enforce.
Name of Agency Personnel Responsible for Drafting: Kathi Hutchins, B202, 3000 Landerholm Circle S.E., Bellevue, WA 98007, (425) 564-2451; Implementation and Enforcement: Terrie Graham, K100, 3000 Landerholm Circle S.E., Bellevue, WA 98007, (425) 564-2400.
Name of Proponent: Bellevue Community College, public.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The rule describes the rules and regulations pertaining to traffic on the Bellevue Community College campus. It describes what kinds of permits visitors, students and employees must have to park on campus. It defines the consequences of not following the established parking and traffic rules and provides a venue for appeal of any citation. It establishes rules for carpools and how a carpool may obtain a special parking pass. It prohibits foot-propelled wheeled devices, such as skateboards, on walkways where pedestrians may be found. The amendments described to this chapter corrects titles, and brings the rules in line with college procedure and practice.
Proposal Changes the Following Existing Rules: The proposal amends WAC 132H-116-300 through 132H-116-790.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impact small business.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Bellevue Community College, 3000 Landerholm Circle S.E., B202, Bellevue, WA 98007-6484, on November 10, 2003, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Susan Gjomesli by November 4, 2003, TDD (425) 564-4110 or (425) 564-2498.
Submit Written Comments to: Kathi Hutchins, Bellevue Community College, 3000 Landerholm Circle S.E., B202, Bellevue, WA 98007-6484, fax (425) 564-3173, by November 7, 2003.
Date of Intended Adoption: December 10, 2003.
September 12, 2003
Elise J. Erickson
Rules Coordinator
[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), § 132H-116-300, filed 6/17/92, effective 7/18/92; Order 43, § 132H-116-300, filed 8/10/76.]
(1) To protect and control pedestrian and vehicular
traffic (([on property])) on property owned, operated, or
maintained by the college district.
(2) To assure access at all times for emergency equipment.
(3) To minimize traffic disturbances.
(4) To facilitate the operation of the college by assuring access to vehicles.
(5) To allocate limited parking space for the most efficient use.
(6) To protect state property.
[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), § 132H-116-310, filed 6/17/92, effective 7/18/92; Order 43, § 132H-116-310, filed 8/10/76. Formerly WAC 132H-116-080.]
(1) Board: The board of trustees of Community College District VIII, state of Washington.
(2) Campus: Any or all real property owned, operated, controlled, or maintained by Community College District VIII, state of Washington.
(3) Car pool: Any group of three or more ((to five
faculty, staff, or)) students who commute to the college in
the same vehicle.
(4) College: Bellevue Community College, or any additional community college hereafter established within Community College District VIII, state of Washington, and collectively, those responsible for its control and operations.
(5) Faculty members: Any employee of Community College District VIII who is employed on a full-time or part-time basis as a teacher, counselor, librarian or other position for which the training, experience and responsibilities are comparable as determined by the appointing authority, including administrative appointment.
(6) Foot propelled device: Wheeled devices including but not limited to skateboards, roller skates, roller blades, etc. designed or used for recreation and/or transportation purposes.
(7) ((Security officers)) Public safety officers:
Employees of the college accountable to the vice president
((dean)) of (([administrative services])) administrative
services and responsible for campus security, public safety,
and parking and traffic control.
(8) Staff: The administrative and classified members employed by the college.
(9) Student: Any person enrolled in the college.
(10) Vehicle: An automobile, truck, motorcycle, scooter
or bicycle, both engine-powered and non((-))engine-powered.
(11) Visitor(s): Person(s) who come on to campus as
guest(s), or ((and person(s))) who lawfully visit the campus
for purposes in keeping with the college's role as an
institution of higher learning in the state of Washington and
are neither employees nor registered students of the
institution.
[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 93-12-007, § 132H-116-315, filed 5/19/93, effective 6/19/93; 92-13-097 (Order 115, Resolution No. 206), § 132H-116-315, filed 6/17/92, effective 7/18/92.]
(1) The motor vehicle and other traffic laws of(([:]))
the state of Washington. Title 46 RCW.
(2) The traffic code of the city of Bellevue.
(3) The Bellevue Community College parking and traffic
regulations ((described in this chapter)). In case of
conflict among the provisions of the motor vehicle and other
traffic laws of the state of Washington or the traffic code of
the city of Bellevue and Bellevue Community College parking
and regulations, the provisions of the state of Washington
motor vehicle laws shall govern.
[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), § 132H-116-320, filed 6/17/92, effective 7/18/92; Order 43, § 132H-116-320, filed 8/10/76. Formerly WAC 132H-116-090.]
[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), § 132H-116-330, filed 6/17/92, effective 7/18/92; Order 43, § 132H-116-330, filed 8/10/76.]
(1) A valid permit is:
(a) A current ((vehicle)) student or faculty/staff permit
displayed in accordance with WAC 132H-116-356. ((Vehicle
permits are valid until revoked.))
(b) A temporary permit authorized by public safety ((the
security division)) and displayed in accordance with
instructions. ((Temporary permits are valid through the date
on the permit.))
(((c) A parking permit issued by a gate attendant. This
permit must be displayed on the vehicle in accordance with
instructions.))
(((d) A parking permit dispensed by machine at Bellevue
Community College and displayed in accordance with
instructions.))
(((2) Parking permits are not transferable, except as
provided in WAC 132H-116-354.))
(((3))) (2) The college reserves the right to refuse to
issue a parking permit.
(3) Vehicles displaying government agency license plates do not need BCC parking permits.
[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), § 132H-116-350, filed 6/17/92, effective 7/18/92. Statutory Authority: RCW 28B.50.140. 82-04-005 (Order 75, Resolution No. 143), § 132H-116-350, filed 1/21/82; 79-10-052 (Order 63, Resolution No. 120), § 132H-116-350, filed 9/17/79; Order 43, § 132H-116-350, filed 8/10/76. Formerly WAC 132H-116-120.]
Special permits are valid only in the areas specified, on the date(s) specified on the permits, and when displayed on the dashboard of the vehicle. Vehicles operated by students, faculty and staff members must display a regular student or faculty/staff permit in addition to the special permit.
(((2))) (1) Car pool permits may be issued to faculty,
staff and students. All members of the carpool must appear in
person when applying for the permit. One transferable permit
will be issued by the ((security)) public safety office for
each car pool. This permit is transferable only among the
registered members of the car pool. This permit must be
displayed in accordance with the instructions provided with
the permit. Each carpool vehicle must also display a regular
student or faculty staff permit.
(((3) Special parking permits may be issued to physically
handicapped faculty members, college personnel and students or
if issuance enhances the business or operation of the college.
Special parking permits are valid for six months from the date
of issuance. Those requiring handicapped parking for more
than six months must display a state of Washington handicapped
permit.))
(2) Handicapped Parking Permits. As of Fall 1995, BCC no longer issues special parking permits for disabled students, faculty, or staff. Only vehicles displaying a valid state of Washington placard may park in spaces designated for the disabled.
(3) Visitor permits. One-day parking permits may be requested from public safety and given to visitors attending conferences, interviews, etc. These permits are valid in faculty/staff lots except E-1.
(4) Other special permits. Public safety may issue special permits to faculty members, staff, students, a parent of child care or headstart participants, volunteers working in BCC programs, or vendors if issuing such permits enhances the operation of the college.
(5) Temporary permits. Drivers needing to leave vehicles on campus overnight or for extended periods of time (e.g., because the vehicle is inoperable, or because the driver will participate in a field trip) may request temporary parking permits from public safety. Drivers may also request temporary permits if they will be using a borrowed or rented vehicle.
(6) Special events. The public safety office supervisor will assist college divisions which sponsor functions such as conferences, seminars, dinners, and similar events, in arranging reserved parking and direction signs as appropriate. Requests for such assistance must be received in public safety at least 48 hours in advance.
[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), § 132H-116-351, filed 6/17/92, effective 7/18/92.]
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 92-13-097, filed 6/17/92)
WAC 132H-116-352
Permit revocations.
Parking permits
are the property of the college, and may be recalled by the
((dean of administration)) vice president of administrative
services or his or her designee for any of the following
reasons:
(1) When the purpose for which the permit was issued
((changes or)) no longer exists.
(2) When a permit is used by an unauthorized individual.
(3) Falsification on a parking permit application.
(4) Repeated ((Continued)) violation((s or)) of parking
and traffic regulations.
(5) Counterfeiting or altering of permits.
(6) Failure to comply with a final decision of the citation review committee, or institutional hearing officer.
Parking permit revocations may be appealed to the citation review committee and to the institutional hearing officer.
[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), § 132H-116-352, filed 6/17/92, effective 7/18/92.]
(a) Records invalid permit number;
(b) Removes invalid permit; and
(c) Brings invalid permit or remnant thereof ((and permit
number)) to public safety ((the security division)). Public
safety will ((This office shall)) then issue ((the)) a
replacement permit ((holder a new parking permit.)) and the
((P))permit holder will then be registered under the new
number.
(2) Permits may be reissued as authorized by the
((college security supervisor)) director of public safety.
[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), § 132H-116-354, filed 6/17/92, effective 7/18/92.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 92-13-097, filed 6/17/92)
WAC 132H-116-356
Display of permits.
(1) Student or
faculty/staff permits. The vehicle permit issued by the
college shall be ((permanently)) affixed to the inside of the
rear window on the lower left corner. If the vehicle is a
convertible or a truck-camper or has no permanently fixed rear
window, the permit shall be displayed in the front windshield.
Permits not displayed in accordance with the provisions of
this section shall not be valid and vehicles displaying the
improperly placed permit shall be subject to citation.
(2) Temporary or special permits. The temporary permit shall be displayed on the dashboard of the vehicle in such a way that it is legible from outside the vehicle.
[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), § 132H-116-356, filed 6/17/92, effective 7/18/92.]
(2) The director of public safety ((security supervisor))
or his or her designee may require visitors to wait at the
entrances to the campus during times when pedestrian and/or
vehicular traffic congestion is above normal. (See WAC 132H-116-430.)
(3) Guests of the college who are present to attend a conference, interview, etc., may be issued visitor permits valid for faculty/staff parking lots.
(4) Visitors on brief errands to campus may park in any student lot.
[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), § 132H-116-360, filed 6/17/92, effective 7/18/92; Order 43, § 132H-116-360, filed 8/10/76.]
[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), § 132H-116-405, filed 6/17/92, effective 7/18/92.]
(2) No vehicle shall be parked so as to occupy any portion of more than one parking space or stall as designated within the parking area. The fact that other vehicles may have been so parked as to require the vehicle parked to occupy a portion of more than one space or stall shall not constitute an excuse for a violation of this section.
(3) No vehicle shall be parked at any time in roadways, fire lanes, bus zones, loading zones, or service driveways; or on sidewalks; or in the landscaping.
[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), § 132H-116-410, filed 6/17/92, effective 7/18/92; Order 43, § 132H-116-410, filed 8/10/76.]
(1) Student daytime parking is limited to areas designated student parking.
(2) Staff/faculty daytime parking is limited to areas designated staff/faculty parking.
(3) Evening parking, after 3:00 p.m., for students, staff and faculty is available in all designated parking areas with the exceptions of the parking spaces for the handicapped, the college motor pool, and specifically signed reserved areas. Students may not park in those lots designated as "staff/faculty parking" with signage stating "no student parking anytime Mon-Fri".
[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), § 132H-116-415, filed 6/17/92, effective 7/18/92.]
[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), § 132H-116-430, filed 6/17/92, effective 7/18/92; Order 43, § 132H-116-430, filed 8/10/76.]
(2) Drivers of vehicles shall obey ((regulatory)) the
signs, barricades, structures, markings, and directions
erected pursuant to this section ((and signs related to the
collection of parking fees. Drivers of vehicles shall comply
with directions given to them by college security officers in
the control and regulation of traffic)). Drivers shall also
comply with directions given to them by a campus public safety
officer or other public safety personnel controlling and
regulating traffic or parking ((the traffic guides or parking
checkers of the security division in the assignment of parking
space and in the collection of parking fees)).
(3) No person without authorization from the director of campus operations shall move, deface, or in any other way change a sign, barricade, structure, marking or direction so placed, or previously placed, for the purpose of regulating traffic or parking.
[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), § 132H-116-431, filed 6/17/92, effective 7/18/92.]
[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), § 132H-116-470, filed 6/17/92, effective 7/18/92; Order 43, § 132H-116-470, filed 8/10/76.]
(2) Motorcycles and motorized scooters may be parked in designated areas in addition to the regular parking lots.
(3) Motorcycles and motorized scooters are not permitted on paths, sidewalks, or authorized bicycle or pedestrian areas or in buildings at any time.
(4) Bicycles shall be parked in designated areas only. ((In)) Improperly parked bicycles may be impounded
and a citation and/or a fine imposed upon the owner.
(5) No bicycles or foot propelled devices shall be operated on campus walkways, corridors, hallways or buildings unless their use is required as part of the educational process in an authorized program.
[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), § 132H-116-590, filed 6/17/92, effective 7/18/92. Statutory Authority: RCW 28B.50.140. 82-04-005 (Order 75, Resolution No. 143), § 132H-116-590, filed 1/21/82; Order 43, § 132H-116-590, filed 8/10/76.]
[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), § 132H-116-615, filed 6/17/92, effective 7/18/92.]
(2) An individual receiving a parking and traffic citation must pay all fines listed on the citation notice within 20 calendar days after the date on the citation notice unless he/she elects to appeal the citation. Payments should be taken or mailed to the cashiering office.
(3) If any citation remains unpaid after 20 calendar days from the date of the citation, Bellevue Community College may take any of the following actions:
(a) withhold degrees, transcripts, grades, refunds, and/or credits;
(b) block or delay registration for the following quarter;
(c) impound the violator's vehicle;
(d) deny future parking privileges, whether student or faculty/staff;
(e) refuse to issue keys to students, faculty or staff.
(((2))) (4) In addition to imposing fines, the ((dean of
administration)) vice president of administrative services and
duly appointed ((security)) public safety officers are
authorized to impound, immobilize and take to such place for
storage as the director of public safety ((campus security
supervisor)) selects, any vehicles parked on college property
in violation of these regulations with the following
stipulations:((.))
(a) The expenses of such impounding, immobilization and storage shall be charged to the owner or operator of the vehicle and must be paid prior to the vehicle's release.
(((a))) (b) The college shall not be liable for loss or
damage of any kind resulting from such impounding,
immobilization or storage.
(((b))) (c) Impoundment of a vehicle does not remove the
obligation for any fines associated with the violation.
(((c) Vehicles left unattended on college property for an
unreasonable duration (a period greater than 4 days) may be
impounded by the college.))
(d) Grounds for impounding vehicles shall include, but not be limited to the following:
(i) Blocking a roadway so as to impede the flow of traffic;
(ii) Blocking a walkway so as to impede the flow of pedestrian traffic;
(iii) Blocking a fire hydrant or fire lane;
(iv) Creating a safety hazard in the opinion of a public
safety ((campus security)) officer;
(v) Blocking another legally parked vehicle;
(vi) Parking in a marked "tow-away" zone.
(((3) All fines must be paid within
20 calendar days from the date of the citation. All fines are
payable as designated on the citation.))
(((3) If any citation remains unpaid after 20 calendar
days from the date of the citation, the following action may
be taken by Bellevue Community College))
(((a) Degrees, transcripts, grades, refunds or credits
may be withheld until all fines are paid.))
(((b) Registration for the following quarter may be
delayed.))
(((c) The violator's vehicle may be impounded.))
(((d) Faculty, students and staff may be denied future
parking privileges.))
(((e) The college may refuse to issue keys to faculty,
staff or students.))
(((4))) (5) An accumulation of traffic violations by a
student will be cause for disciplinary action, and the ((dean
of administration)) vice president of administrative services
or his or her designee may initiate disciplinary proceedings
against such students.
[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), § 132H-116-620, filed 6/17/92, effective 7/18/92. Statutory Authority: RCW 28B.50.140. 82-04-005 (Order 75, Resolution No. 143), § 132H-116-620, filed 1/21/82; 79-10-052 (Order 63, Resolution No. 120), § 132H-116-620, filed 9/17/79; Order 54, § 132H-116-620, filed 12/9/77; Order 43, § 132H-116-620, filed 8/10/76. Formerly WAC 132H-116-160.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 92-13-097, filed 6/17/92)
WAC 132H-116-630
Appeals of fines and penalties.
((Any
fines and penalties levied against a violator of the rules and
regulations in this chapter may be appealed pursuant to the
provisions of chapter 132H-120 WAC. Appeals must be made in
writing within 20 calendar days from the date of the
citation.))
(1) Right to appeal. Anyone who has received a citation for an alleged violation of these parking and traffic rules has the right to appeal. Appeals must be made in writing and must be submitted to administrative services within 20 calendar days after the date of the citation. Appeal forms are available from the public safety, cashiering and administrative services offices.
If the alleged violator has paid the fine(s) associated with the parking and traffic citation, he/she has forfeited the right to appeal the citation.
(2) Citation review committee. Appeals shall be considered by the BCC citation review committee, which is made up of two students (one the ASBCC chief justice), a faculty representative and a classified staff representative. The citation review committee shall hold hearings regularly throughout the academic year. The committee shall consider each appeal on its merits based upon these parking and traffic regulations. Appellants shall be notified on the hearing dates so that they may state their cases and present any additional evidence in person. The committee shall decide the cases of appellants who do not attend the hearing in person based on the statements given on the appeal form, with no penalty for non-appearance. Appellants who do not attend the hearing shall be sent written notification of the committee's decision.
The citation review committee may uphold, reduce, or waive the fine(s) associated with the parking and traffic citation. Any fine(s) still levied against the appellant must be paid within 15 calendar days after the date of the hearing unless the appellant wishes to pursue a second-level appeal. Non-payment after 15 calendar days may result in any of the college actions listed under WAC 132H-116-620.
(3) Second level appeal. An appellant who is not satisfied with the decision of the citation review committee has the right to a second-level appeal before the institutional hearing officer appointed by the president of Bellevue Community College. The appellant must contact the institutional hearing officer within 15 calendar days after the citation review committee hearing to request a second-level appeal. The institutional hearing officer shall notify the appellant of his/her decision in writing. The institutional hearing officer's decision is final.
Any appellant who has paid the fine(s) confirmed or set by the citation review committee has forfeited the right to a second-level appeal.
[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), § 132H-116-630, filed 6/17/92, effective 7/18/92; Order 43, § 132H-116-630, filed 8/10/76. Formerly WAC 132H-116-170.]
Students, faculty, staff, and visitors should report any theft of or out of vehicles to the public safety department promptly.
[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), § 132H-116-655, filed 6/17/92, effective 7/18/92.]
[Statutory Authority: Chapter 34.05 RCW and RCW 28B.50.140. 92-13-097 (Order 115, Resolution No. 206), § 132H-116-750, filed 6/17/92, effective 7/18/92; Order 43, § 132H-116-750, filed 8/10/76.]
(1) Pamphlets
(2) Flyers
(3) Stickers.
[Order 43, § 132H-116-790, filed 8/10/76.]