WSR 07-08-115

PROPOSED RULES

EDMONDS COMMUNITY COLLEGE


[ Filed April 4, 2007, 11:26 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 06-24-139.

     Title of Rule and Other Identifying Information: Traffic rules.

     Hearing Location(s): Edmonds Community College, Clearview Building, 7030 196th Street S.W., Suite 122, Lynnwood, WA 98036-5999, on May 9, 2007, at 1:00 - 2:00 p.m.

     Date of Intended Adoption: June 15, 2007.

     Submit Written Comments to: Kathy Beem, Human Resources Office, 20000 68th Avenue West, Lynnwood, WA 98036-5999, e-mail kbeem@edcc.edu, fax (425) 640-1359, by May 9, 2007, at 2:00 p.m.

     Assistance for Persons with Disabilities: Contact Kathy Beem by May 1, 2007, at 5:00 p.m., e-mail kbeem@edcc.edu or phone (425) 640-1647.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 132Y-100-001, changing "assign" the most efficient use of space to "make"; WAC 132Y-100-003, new section, Definitions, gives definitions of terms; WAC 132Y-100-006, new section, Visitor parking, gives rules on visitor parking; WAC 132Y-100-008, to give rules on parking permits for employees; WAC 132Y-100-012, changes "unexpired" to "current" permit; WAC 132Y-100-014, new section, Free parking by disabled persons, gives rules for disabled parking; WAC 132Y-100-020, adding the word "or" to item six; WAC 132Y-100-028, describes process to obtain a parking permit; WAC 132Y-100-032, describes proper way to display permit; WAC 132Y-100-052, adds "exempt licensed" to rule; WAC 132Y-100-054, new section, Parking -- Operator's responsibility, states that no person shall leave an unattended vehicle with engine running; WAC 132Y-100-056, describes areas where parking is prohibited; WAC 132Y-100-060, changing "in effect" to "enforced"; WAC 132Y-100-066, describes carpool parking permit rules; WAC 132Y-100-067, new section, Motorcycle parking, describes motorcycle parking; WAC 132Y-100-068, describes bicycle rules; WAC 132Y-100-070, new section, Alternative transportation regulations, gives rules on the operation of bicycles, electronic bicycles, nonmotorized and electric scooters; WAC 132Y-100-080, adds the words "and place" to rule; WAC 132Y-100-082, new section, Disabled or inoperative vehicles, describes disabled or inoperative vehicle rules; WAC 132Y-100-084, adds the words "designated" and "roadways or parking lots" to rule; WAC 132Y-100-088, removing repetitive line regarding pedestrian traffic; WAC 132Y-100-096, describes special traffic and parking rules; WAC 132Y-100-100, rule name change from "Issuance of traffic citations" to "Enforcement of parking and traffic rules and regulations," details the authority for parking rules authority and enforcement; WAC 132Y-100-106, new section, Fines, penalties and impounding, describes penalties for not adhering to parking and traffic rules. Lists grounds for impoundment. Describes penalties for unpaid fines; WAC 132Y-100-108, extends appeal of fines to five calendar days and changes authority from president to director of security; WAC 132Y-100-114, new section, Parking of trailers, campers, and similar purpose vehicles on campus, states that there is no parking of trailers, campers, etc. on campus; WAC 132Y-100-115, new section, Damage to state property, describes responsibility for damage to state property; WAC 132Y-100-116, name change from "Liability of college" to "Prohibition of literature on vehicles" describes that distribution of literature on motor vehicles is prohibited on campus; and WAC 132Y-100-118, new section, Liability of college, states except for college owned or operated vehicles the college assumes no liability for vehicles parked on campus.

     Repealed sections WAC 132Y-100-016, 132Y-100-104, and 132Y-100-112.

     General Purpose Statement: Revision of parking rules, in order to be able to cite vehicles parked illegally in carpool spaces, overtime in a load-only zone, or in landscaped areas. Also clarifying and expanding on rules for visitor parking, parking permits, disabled parking and alternative transportation, such as bicycles, electric scooters, skateboards, etc.

     Reasons Supporting Proposal: The proposed changes will codify the college's ability to formally cite individuals who drive or park in such ways as to (1) cause increased safety hazards, (2) damage college grounds or facilities, or (3) infringe on the rights of others to freely enjoy use of the college's grounds or facilities.

     Statutory Authority for Adoption: RCW 28B.50.140.

     Statute Being Implemented: RCW 28B.50.140(10), chapter 132Y-100 WAC.

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

     Name of Proponent: Edmonds Community College, public.

     Name of Agency Personnel Responsible for Drafting: Steve Robinson, Edmonds Community College, 20000 68th Avenue West, Room MDL 120, (425) 640-1109; Implementation and Enforcement: Security Staff, Edmonds Community College, (425) 640-1501.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. All section changes will take place only on the Edmonds Community College Lynnwood campus parking areas and roadways. There are no small businesses on the campus that will be affected by our parking rules changes. There are the Lynnwood Golf Course and Pro Shop on campus but they have their own parking lot that students and staff may not use.

     A cost-benefit analysis is not required under RCW 34.05.328. The college does not anticipate the proposed changes to its traffic rules will have significant cost/benefit effects, other than they will codify the college's ability to formally cite individuals who drive or park in such ways as to (1) cause increased safety hazards, (2) damage college grounds or facilities, or (3) infringe on the rights of others to freely enjoy use of the college's grounds or facilities. The college expects the improved benefit to be a safer public environment that will benefit all users of the college's facilities and grounds, with few additional costs to the college.

April 4, 2007

K. Beem

Vice-President for Human Resources

OTS-9633.2


AMENDATORY SECTION(Amending Resolution No. 81-8-1, filed 8/14/81)

WAC 132Y-100-001   Purpose for adopting rules.   Pursuant to the authority granted by RCW 28B.50.140(10), the board of trustees of Community College District 23 is granted authority to make rules and regulations for pedestrian and vehicular traffic on property owned, operated or maintained by the college district. The rules contained in this chapter are established for the following purposes:

     (1) To protect and control pedestrian and vehicular traffic; and

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

     (3) To minimize traffic disturbances during class hours; and

     (4) To facilitate the work of the college by assuring access for its vehicles; and

     (5) To ((assign the limited parking space for)) make the most efficient use of limited parking space.

[Statutory Authority: RCW 28B.50.140(10). 81-17-042 (Resolution No. 81-8-1), § 132Y-100-001, filed 8/14/81.]


NEW SECTION
WAC 132Y-100-003   Definitions.   For the purpose of this chapter, the following terms and definitions shall apply:

     (1) Board: The board of trustees of Edmonds Community College, state of Washington.

     (2) Campus: Any or all real property owned, operated, controlled, or maintained by Edmonds Community College, state of Washington.

     (3) Car pool: Any group of two or more faculty, staff or students who commute to the college in the same vehicle.

     (4) College: Edmonds Community College or any additional community college hereafter established with Edmonds Community College, state of Washington, and collectively, those responsible for its control and operations.

     (5) Faculty members: Any employee of Edmonds Community College 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 office: The safety and security department office.

     (8) Security officers: Employees of the college accountable to the vice-president of finance and operations and responsible for campus security, safety, and parking and traffic control.

     (9) Staff: The administrative and classified members employed by the college.

     (10) Student: Any person enrolled in the college.

     (11) Vehicle: An automobile, truck, motorcycle, scooter or bicycle, both engine-powered and nonengine-powered.

     (12) Visitor(s): Person(s) who come on campus as guest(s) or 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 that are neither employees nor registered students of the institution.

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NEW SECTION
WAC 132Y-100-006   Visitor parking.   Visitors to the college may park in designated parking stalls for up to two hours without obtaining a permit. If the stay will be longer than two hours, the driver/operator will need to register their vehicle with the security department and obtain a temporary permit for the vehicle. Vehicles belonging to students, staff, or vehicles parked longer than two hours without a permit which are parked in the visitor stalls are subject to enforcement action.

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AMENDATORY SECTION(Amending WSR 92-09-055, filed 4/13/92, effective 5/14/92)

WAC 132Y-100-008   Permits required for employee vehicles in designated lots.   Except as provided in WAC ((132Y-100-010)) 132Y-100-012 and 132Y-100-052 ((of these rules, no employee shall leave any vehicle unattended in a designated staff lot, upon the campus of the college without a permit issued by the security office of the college, unless such employee is in the process of loading, unloading, or is a registered visitor.

     Students and visitors are not required to obtain a permit to park in lots not designated as staff or carpool lots)) no employee shall leave any vehicle unattended in a designated staff lot, on the campus of the college, without a permit issued by the security office unless such employee is in the process of loading and unloading.

     Permits shall not be utilized by any person except the person registered to said permit. The college reserves the right to deny any application, or to revoke any permit at any time, if actions resulting from such application or permission constitute present or imminent danger or unlawful activity, or if a prospective user has previously violated the provisions of these parking policies or other written rules or regulations of the college. Outstanding parking fines must be paid before a parking permit may be issued or renewed.

     Parking permits are transferable from vehicle to vehicle when used by the permit holder.

     If a vehicle is sold or traded, a new permit will be issued to the permit holder at no additional cost if the permit holder does the following:

     (1) Records the invalid permit number; and

     (2) Removes invalid permit; and

     (3) Brings invalid permit or remnant thereof and permit number to the security office. The security office shall then issue the permit holder a new parking permit.

     Students and visitors may park in any lot not designated as staff or car pool, without a permit.

[Statutory Authority: RCW 28B.50.140. 92-09-055, § 132Y-100-008, filed 4/13/92, effective 5/14/92. Statutory Authority: RCW 28B.50.140(10). 85-18-010 (Resolution No. 85-8-2), § 132Y-100-008, filed 8/23/85; 83-22-053 (Resolution No. 83-10-2), § 132Y-100-008, filed 11/1/83; 81-17-042 (Resolution No. 81-8-1), § 132Y-100-008, filed 8/14/81.]


AMENDATORY SECTION(Amending Resolution No. 81-8-1, filed 8/14/81)

WAC 132Y-100-012   ((Valid)) Permit parking on campus.   ((A valid permit is:)) There are two categories of valid permits:

     (1) A temporary permit authorized by the security office of Edmonds Community College and displayed in accordance with instructions; or

     (2) ((An unexpired parking)) A current vehicle permit issued by the security office ((of the college, which permit must be)) and displayed on the vehicle in accordance with instructions.

[Statutory Authority: RCW 28B.50.140(10). 81-17-042 (Resolution No. 81-8-1), § 132Y-100-012, filed 8/14/81.]


NEW SECTION
WAC 132Y-100-014   Free parking by disabled persons.   Any person who meets the criteria for special parking privileges under RCW 46.16.381 shall be allowed, free of charge, to park a vehicle used for his or her transportation in any legal disabled parking zone or area for an unlimited period of time. This includes zones or areas with parking meters which are otherwise restricted as to the length of time parking is permitted.

     This section does not apply to those zones or areas in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. The person shall obtain and display a special placard or license plate under RCW 46.16.381 to be eligible for the privileges under this section.

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AMENDATORY SECTION(Amending Resolution No. 83-10-2, filed 11/1/83)

WAC 132Y-100-020   Permit revocation.   Parking permits are the property of Edmonds Community College and may be recalled by the security office for any of the following reasons:

     (1) When the purpose of which the permit was issued changes or no longer exists;

     (2) When a permit is used by an unregistered vehicle or by an unauthorized individual;

     (3) Falsification on a parking permit application;

     (4) Continued violations of parking rules;

     (5) An accumulation of unpaid parking citations;

     (6) Counterfeiting or altering a parking permit; or

     (7) When it is in the best interest of the college.

[Statutory Authority: RCW 28B.50.140(10). 83-22-053 (Resolution No. 83-10-2), § 132Y-100-020, filed 11/1/83; 81-17-042 (Resolution No. 81-8-1), § 132Y-100-020, filed 8/14/81.]


AMENDATORY SECTION(Amending WSR 92-09-055, filed 4/13/92, effective 5/14/92)

WAC 132Y-100-028   Issuance of permits.   (1) ((Employees seeking a permit to park in designated staff lots or students seeking a permit to park in designated carpool lots may be issued a parking permit by the security office, upon registration of his/her vehicle with the campus security office at the beginning of employment with the college or, for students, the beginning of the quarter by presenting vehicle make, model, color, year, license number, and payment.

     (2) Campus information may issue visitor parking permits when such permits are necessary.

     (3) Temporary and special parking permits may be issued when such permits are necessary to enhance the business operation of the college.

     (4) Two permits may be issued to one individual provided the applicant presents either title or registration indicating ownership of both vehicles.)) Presentation of valid college identification, vehicle make, model, color, license number is required to be issued a permit.

     (2) Employees may be issued a parking permit by the security office, upon registration of his/her vehicle with said office at the beginning of full-time employment.

     (3) Part-time employees must obtain permits each quarter.

     (4) Carpool permits are issued quarterly.

     (5) The security office may issue visitor parking permits when such permits are necessary.

     (6) Temporary and special permits may be issued by the security office when such permits are necessary to enhance the business operation of the college.

[Statutory Authority: RCW 28B.50.140. 92-09-055, § 132Y-100-028, filed 4/13/92, effective 5/14/92. Statutory Authority: RCW 28B.50.140(10). 81-17-042 (Resolution No. 81-8-1), § 132Y-100-028, filed 8/14/81.]


AMENDATORY SECTION(Amending Resolution No. 83-10-2, filed 11/1/83)

WAC 132Y-100-032   Display of permits.   All permanent parking permits shall be displayed as provided in the directions supplied with the parking permit. A special ((and)) or temporary parking permit((s)) shall be placed within the vehicle where it can be plainly ((observed)) seen from the outside of the driver's side of the windshield. Permits not displayed in accordance with the provisions of this section shall not be valid.

[Statutory Authority: RCW 28B.50.140(10). 83-22-053 (Resolution No. 83-10-2), § 132Y-100-032, filed 11/1/83; 81-17-042 (Resolution No. 81-8-1), § 132Y-100-032, filed 8/14/81.]


AMENDATORY SECTION(Amending Resolution No. 81-8-1, filed 8/14/81)

WAC 132Y-100-052   Parking permit exceptions.   Parking permit rules shall not apply to city, county, state, or federally owned and exempt licensed vehicles.

[Statutory Authority: RCW 28B.50.140(10). 81-17-042 (Resolution No. 81-8-1), § 132Y-100-052, filed 8/14/81.]


NEW SECTION
WAC 132Y-100-054   Parking -- Operator's responsibility.   No person operating or in charge of a motor vehicle shall permit it to stand unattended without first:

     (1) Stopping the engine, locking the ignition and removing the key; and

     (2) Effectively setting the brake and transmission to prevent movement of the vehicle.

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AMENDATORY SECTION(Amending Resolution No. 81-8-1, filed 8/14/81)

WAC 132Y-100-056   Parking within designated spaces.   (1) Any person parking a vehicle on Edmonds Community College property shall park his/her vehicle in parking areas only.

     (2) No vehicle other than those needed for maintenance and landscaping may be parked on any landscaped area ((which has been landscaped)) or area designed for landscaping, ((and)) any developed college property; ((and/))or any cement or asphalt walkway or unpaved pathway intended for pedestrian use.

     (3) No vehicle shall be parked so as to occupy any portion of more than one parking ((area)) space. The fact that other vehicles may have been so parked as to require the operator of another vehicle ((parked to occupy)) to park in more than one space shall not constitute an excuse for violation of this section.

     (4) No vehicle may be parked on any area set aside as yellow curb zones, driveways, pedestrian walkways, or loading and service areas.

[Statutory Authority: RCW 28B.50.140(10). 81-17-042 (Resolution No. 81-8-1), § 132Y-100-056, filed 8/14/81.]


AMENDATORY SECTION(Amending Resolution No. 81-8-1, filed 8/14/81)

WAC 132Y-100-060   Locating legal parking space.   (1) The responsibility for locating legal parking space rests with the operator of the motor vehicle. Lack of space will not be considered a valid excuse for violating any parking rule.

     (2) The fact that a person may park or observe others parked in violation of rules without receiving a citation does not mean that the rules ((is)) are no longer ((in effect)) enforced.

[Statutory Authority: RCW 28B.50.140(10). 81-17-042 (Resolution No. 81-8-1), § 132Y-100-060, filed 8/14/81.]


AMENDATORY SECTION(Amending WSR 92-09-055, filed 4/13/92, effective 5/14/92)

WAC 132Y-100-066   Carpool parking permit ((for students)).   ((Students who qualify for a carpool permit shall be allowed to park in the designated lot for carpools. To qualify for a carpool permit, the individual must designate two other regular riders in addition to the driver. This permit may be renewed each quarter. The permit can be obtained from the campus security office.)) Carpool permits are available to staff and students who qualify. To qualify for a carpool permit, the individual must designate at least one other regular rider in addition to the driver. This permit must be renewed each quarter and allows the holder to park in designated carpool lots/areas. The permit can be obtained from the security office.

[Statutory Authority: RCW 28B.50.140. 92-09-055, § 132Y-100-066, filed 4/13/92, effective 5/14/92.]


NEW SECTION
WAC 132Y-100-067   Motorcycle parking.   Motorcycles shall only be parked in spaces reserved for motorcycles and are not allowed to park in four-wheeled vehicle spaces, on grassed areas, sidewalks, or immediately adjacent to or within buildings.

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AMENDATORY SECTION(Amending Resolution No. 81-8-1, filed 8/14/81)

WAC 132Y-100-068   Bicycle parking and traffic regulations.   ((No bicycle shall be parked inside a building, near a building exit, or on a path or sidewalk. Bicycles must be secured to racks as provided and shall be regulated under the traffic rules of the Edmonds Community College. No parking permit is required.)) (1) The primary aim of the bicycle control program is safety, and this aim will be achieved by keeping bicycles out of buildings, away from building exits, and parked off paths and sidewalks. Bicycles must never be parked in stairwells, hallways, or any place which will create a safety hazard or hinder exit from buildings.

     (2) Bicycles must be parked in racks. At times, rack space may not be available; parking near the racks is permitted provided the parked bicycles do not interfere with pedestrian traffic.

     (3) The following specific regulations must be observed while operating bicycles on campus:

     (a) Do not ride bicycles inside buildings at any time.

     (b) Do not lean or park bicycles near or against windows.

     (c) Pedestrians have the right of way on all mall and sidewalk areas of the college. At all times and places of congested pedestrian traffic, the bicycle rider must proceed slowly and yield to pedestrians.

     (d) Bicyclists must observe the ten mph speed limit on malls and service drives.

     (e) Bicyclists must ride in designated lanes where such lanes exist.

     (4) Impoundment policy:

     (a) Bicycles parked on paths or sidewalks, in buildings, or near building exits may be impounded. Bicycles left unattended on campus more than twenty-one days may be impounded.

     (b) Impounded bicycles will be stored in a location determined by the director of safety and security. The owner will be notified as soon as possible upon impoundment and the owner must reclaim the bicycle within fourteen days.

     (5) Abandoned, lost or found bicycles that have been impounded shall be subject to disposal in accordance with the laws of the state of Washington.

[Statutory Authority: RCW 28B.50.140(10). 81-17-042 (Resolution No. 81-8-1), § 132Y-100-068, filed 8/14/81.]


NEW SECTION
WAC 132Y-100-070   Alternative transportation regulations.   The use of electric bicycles, nonmotorized and electric scooters shall not be allowed on pedestrian malls, sidewalks, and walkways of Edmonds Community College. Anyone using an electric bicycle, nonmotorized or electric scooter on Edmonds Community College property shall give the right of way to any pedestrian and shall travel at a reasonable, safe, and prudent speed, and all wheels shall remain on the ground. The use of electric bicycles, nonmotorized or motorized scooters shall not be permitted inside any building or within twenty feet of a building entrance or exit. Under no circumstances will skateboarding or in-line skating be allowed on ramps, curbs, benches, steps, stairs or other such structures.

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AMENDATORY SECTION(Amending Resolution No. 83-10-2, filed 11/1/83)

WAC 132Y-100-080   Regulatory signs and directions.   Edmonds Community College will erect and place signs, barricades, and other structures and paint marks and other directions upon the streets and roadways for the regulation of traffic and parking upon state lands devoted mainly to the educational or research activities of Edmonds Community College. Such signs, barricades, structures, markings, and directions shall be so made and placed as to be legible and in the opinion of the president or his/her designee will best effectuate the objectives stated in ((section 001 of these rules)) WAC 132Y-100-001.

[Statutory Authority: RCW 28B.50.140(10). 83-22-053 (Resolution No. 83-10-2), § 132Y-100-080, filed 11/1/83; 81-17-042 (Resolution No. 81-8-1), § 132Y-100-080, filed 8/14/81.]


NEW SECTION
WAC 132Y-100-082   Disabled or inoperative vehicles.   No disabled or inoperative vehicle shall be parked on campus without permission from the security office. Vehicles which have been parked in excess of forty-eight hours and which appear to be inoperative or abandoned may be impounded and stored at the expense of either/or the owner and operator thereof.

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AMENDATORY SECTION(Amending Resolution No. 81-8-1, filed 8/14/81)

WAC 132Y-100-084   Speed.   No vehicle shall be operated on ((the)) designated campus roadways or parking lots at a speed in excess of ten miles per hour ((or such lower speed as is posted)). No vehicle of any type shall at any time use the campus and/or lands devoted to educational, research, recreational, or parking for Edmonds Community College for testing, racing, or other unlawful activities.

[Statutory Authority: RCW 28B.50.140(10). 81-17-042 (Resolution No. 81-8-1), § 132Y-100-084, filed 8/14/81.]


AMENDATORY SECTION(Amending Resolution No. 81-8-1, filed 8/14/81)

WAC 132Y-100-088   Pedestrian's right of way.   (1) The operator of a vehicle shall yield to any pedestrian, but no pedestrians shall leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible or unsafe for the driver to yield.

     (2) Whenever any vehicle slows or stops so as to yield to pedestrian traffic, the operator of any other vehicle approaching from the rear shall not overtake and pass such ((a)) vehicle ((which has slowed or stopped to yield to pedestrian traffic)).

     (3) Where a sidewalk is provided, pedestrians shall proceed upon such sidewalk.

[Statutory Authority: RCW 28B.50.140(10). 81-17-042 (Resolution No. 81-8-1), § 132Y-100-088, filed 8/14/81.]


AMENDATORY SECTION(Amending Resolution No. 83-10-2, filed 11/1/83)

WAC 132Y-100-096   Special traffic/parking rules.   ((Upon)) During special occasions ((and during)) or emergencies, ((the president)) causing additional and/or heavy traffic, the director of safety and security is authorized to impose additional traffic and parking ((rules for the achievement of objectives in WAC 132-100-004 of these rules)) regulations to achieve the specified objectives of this chapter.

[Statutory Authority: RCW 28B.50.140(10). 83-22-053 (Resolution No. 83-10-2), § 132Y-100-096, filed 11/1/83; 81-17-042 (Resolution No. 81-8-1), § 132Y-100-096, filed 8/14/81.]


AMENDATORY SECTION(Amending WSR 92-09-055, filed 4/13/92, effective 5/14/92)

WAC 132Y-100-100   ((Issuance of traffic citations.)) Enforcement of parking and traffic rules and regulations.   ((Upon the violations of any of the rules contained in this document the campus security officers are authorized to issue traffic citations, setting forth the date, the approximate time of violations, permit number, license number, infraction and name of officer. Such traffic citations may be served by attaching or affixing a copy thereof in some prominent place outside such vehicle or by personally serving the operator.)) The vice-president of finance and operations is responsible for parking and traffic management on campus and delegates the authority to enforce the parking and traffic regulations to the director of safety and security.

[Statutory Authority: RCW 28B.50.140. 92-09-055, § 132Y-100-100, filed 4/13/92, effective 5/14/92. Statutory Authority: RCW 28B.50.140(10). 81-17-042 (Resolution No. 81-8-1), § 132Y-100-100, filed 8/14/81.]


NEW SECTION
WAC 132Y-100-106   Fines, penalties and impounding.   (1) The current schedule of fines shall be published by the college and made available for review in the security office.

     (2) In addition to imposing fines, the director of safety and security and duly appointed security officers are authorized to issue citations, impound, immobilize, and take to such place of storage as the director of safety and security selects, any vehicles parked on college property in violation of these regulations. The expenses of such impounding, immobilization, and storage shall be charged to the owner/operator of the vehicle and must be paid prior to the vehicle's release.

     (a) The college shall not be liable for loss or damage of any kind resulting from such impounding, immobilization, or storage.

     (b) Impoundment of a vehicle does not remove the obligation for any fines associated with the violation itself.

     (c) Vehicles left unattended on college property for a period greater than seventy-two hours may be impounded.

     (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 campus security officer;

     (v) Blocking another legally parked vehicle; or

     (vi) Parking in a marked "tow-away" zone.

     (3) All fines must be paid within twenty calendar days from the date of the citation. All fines are payable as designated on the citation.

     (a) If any citation remains unpaid after twenty calendar days from the date of the citation, the following action may be taken by Edmonds Community College:

     (i) Degrees, transcripts, grades, refunds, or credits may be withheld until all fines are paid;

     (ii) Registration for the following quarter may be delayed;

     (iii) Faculty, students, and staff may be denied future parking privileges.

     (b) An accumulation of parking and/or traffic tickets that are not responded to by payment or appeal may be sent to collections after such notification is provided to the registered owner of the vehicle cited.

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AMENDATORY SECTION(Amending Resolution No. 83-10-2, filed 11/1/83)

WAC 132Y-100-108   Appeal of fines and penalties.   Appeal of fines and penalties must be made in writing, within ((forty-eight hours)) five calendar days, to ((a person appointed specifically for this purpose by the president of the college)) the director of safety and security department. The owner of the vehicle shall be entitled to a hearing with the director of the safety and security department or designee within ((forty-eight hours)) two business days of any impoundment pursuant to WAC ((132Y-100-104)) 132Y-100-106. The owner may recover the vehicle before hearing by posting a bond in the amount of the sum of any past due fines plus any fine due for the impoundment infraction plus impoundment cost. In the event that the owner is determined at hearing to be not liable for the impoundment infraction, the amount of the sum of the impoundment fine plus impoundment costs will be returned.

[Statutory Authority: RCW 28B.50.140(10). 83-22-053 (Resolution No. 83-10-2), § 132Y-100-108, filed 11/1/83; 81-17-042 (Resolution No. 81-8-1), § 132Y-100-108, filed 8/14/81.]


NEW SECTION
WAC 132Y-100-114   Parking of trailers, campers, and similar purpose vehicles on campus.   It is unlawful for any individual, firm or corporation to park any type of vehicle on the grounds of Edmonds Community College for the purpose of using such vehicle as a living unit. Any exception must be approved, in writing, by the director of safety and security.

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NEW SECTION
WAC 132Y-100-115   Damage to state property.   The cost of repair/replacement of college property damaged by negligent operations or as the result of indiscriminate acts must be paid in addition to assessed fines.

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AMENDATORY SECTION(Amending WSR 92-09-055, filed 4/13/92, effective 5/14/92)

WAC 132Y-100-116   ((Liability of college.)) Prohibition of literature on vehicles.   ((The college assumes no liability for vehicles parked on campus.)) Distribution of literature by placement on motor vehicles parked on Edmonds Community College campus is hereby prohibited. Literature includes but is not limited to:

     (1) Pamphlets;

     (2) Flyers; and/or

     (3) Stickers.

[Statutory Authority: RCW 28B.50.140. 92-09-055, § 132Y-100-116, filed 4/13/92, effective 5/14/92. Statutory Authority: RCW 28B.50.140(10). 81-17-042 (Resolution No. 81-8-1), § 132Y-100-116, filed 8/14/81.]


NEW SECTION
WAC 132Y-100-118   Liability of college.   Except for college owned and/or operated vehicles, the college assumes no liability for vehicles parked on campus.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 132Y-100-016 Transfer of permits.
WAC 132Y-100-104 Fines and penalties.
WAC 132Y-100-112 Enforcement for students.

© Washington State Code Reviser's Office