WSR 08-03-137

PROPOSED RULES

WASHINGTON STATE UNIVERSITY


[ Filed January 23, 2008, 9:17 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-01-063.

Title of Rule and Other Identifying Information: Amendment of chapter 504-15 WAC, Campus traffic and parking regulations.

Hearing Location(s): Washington State University, Lighty Room 403, Pullman, Washington, on February 28, 2008, at 4:00 p.m.

Date of Intended Adoption: March 21, 2008.

Submit Written Comments to: Ralph T. Jenks, Director and University Rules Coordinator, Office of Procedures, Records, and Forms, P.O. Box 641225, Pullman, WA 99164-1225, e-mail Jenks@wsu.edu, fax (509) 335-3969, by February 28, 2008.

Assistance for Persons with Disabilities: Contact Linda Nelson by February 22, 2008, (509) 335-3928.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To update and clarify the campus traffic and parking regulations.

Reasons Supporting Proposal: Amendments are necessary to update and clarify regulations.

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, Implementation and Enforcement: John A. Shaheen, Director, WSU Parking, Transportation and Visitor Center, Parking and Transportation Services, (509) 335-4911.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule has no impact on small business.

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.

January 23, 2008

Ralph T. Jenks, Director

Procedures, Records, and Forms and

University Rules Coordinator

OTS-1291.3

Chapter 504-15 WAC

CAMPUS ((TRAFFIC)) PARKING AND ((PARKING)) TRAFFIC REGULATIONS


AMENDATORY SECTION(Amending Order 90-1, filed 5/16/90, effective 7/1/90)

WAC 504-15-010   Authorization.   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 ((Washington State University establishes the following regulations)) the university adopts this chapter to govern parking and traffic on the Pullman campus.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-010, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending Order 90-1, filed 5/16/90, effective 7/1/90)

WAC 504-15-020   Purposes of regulations.   (1) The purposes of these regulations are to:

(((1))) (a) Expedite university business and provide maximum safety, order, and ((convenience)) access;

(((2))) (b) Regulate parking, with priority given to:

(((a))) (i) Services of the university;

(((b))) (ii) Persons who ((need)) require the use of vehicles in connection with their on-campus work; and

(((c))) (iii) Staff and students who ((need)) require the use of private vehicles because of a disability or other approved reason; and

(((3))) (c) Provide and maintain suitable campus parking and ((traffic facilities)) transportation systems.

(2) The vice-president or designee whose responsibilities include supervision of the parking department shall have 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.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-020, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending Order 90-1, filed 5/16/90, effective 7/1/90)

WAC 504-15-030   Knowledge of parking regulations.   It is the responsibility of all individuals parking on the campus to read and fully understand these regulations. Lack of knowledge of these regulations ((will)) is not ((be accepted)) acceptable as grounds for dismissal of ((citations)) parking tickets.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-030, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending Order 90-1, filed 5/16/90, effective 7/1/90)

WAC 504-15-040   Applicable parking and traffic laws and regulations.   The following laws and regulations apply upon ((state)) lands owned and/or controlled by ((Washington State University -- Pullman)) the university Pullman campus:

(1) The motor vehicle and other traffic laws of the state of Washington (Revised Code of Washington); and

(2) ((The Washington State University parking and traffic regulations.)) Chapter 504-15 of the Washington Administrative Code.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-040, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending Order 90-1, filed 5/16/90, effective 7/1/90)

WAC 504-15-050   Emergencies.   The president of ((Washington State)) the university shall have authority to suspend, modify, or repeal any or all provisions in this chapter in the event of an emergency, disaster, or other like contingency. Such action shall be limited in duration and scope ((to meeting the dangers of the contingency)) based on the incident.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-050, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending WSR 02-14-071, filed 6/28/02, effective 7/29/02)

WAC 504-15-100   Definitions.   The definitions in this section are applicable within the context of ((these regulations)) this chapter.

(1) Campus. Describes all property owned, leased, and/or controlled by ((Washington State University in)) the university Pullman campus which is or may hereafter be dedicated mainly to the educational, research, housing, recreational, parking, or other activities of ((Washington State University)) 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 parking. See persons with disability.

(5) Disability zone. A parking zone designated for exclusive use by persons with disability and identified with a sign bearing the associated international ((disability)) symbol ((that is restricted at all times to use by vehicles bearing a valid WSU disability parking permit or indicator, or any state-issued disability parking permit)).

(((4) Dormitory. See residence hall.

(5))) (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.

(((6))) (7) Gate card. A plastic card that activates the gates controlling access to certain parking areas.

(((7))) (8) Holiday ((or university holiday. A day when all university facilities are generally closed (e.g., Thanksgiving Day, Christmas Day, New Year's Day). Vacation days are not considered holidays. See definition of vacation)). See university holiday.

(((8) Housing area. Housing units or apartments, and their respective parking areas, that are owned by the university, but are not included as residence halls.))

(9) Illegal use of permit. A parking violation in which a ((citation)) parking ticket is issued under the following circumstances:

(a) Use of a parking permit((/)) or indicator on ((an unspecified vehicle)) 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) ineligible, or no longer eligible, for such a permit as described and authorized in this chapter.

(10) Impound. To take and hold a vehicle in legal custody by use of a wheel lock and/or towing.

(11) Indicator. A decal or hanger displayed adjacent to a parking permit which ((more clearly)) defines ((the)) additional parking areas available to a permit holder.

(((11))) (12) 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))) (13) Moped. Any two-wheeled or three-wheeled motor vehicle with an engine displacement of 50 cc or less.

(((13))) (14) Motorcycle. Any two-wheeled or three-wheeled motor vehicle with an engine displacement greater than 50 cc.

(((14))) (15) Motor vehicle. All motor-driven conveyances except wheelchairs. Also referred to as "vehicle" in this chapter.

(((15))) (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.

(((16))) (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 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.

(((17))) (20) Parking administrator. The manager in charge of the parking department or designee.

(21) Parking appeals committee. Any person or persons appointed to consider parking violations and the application of fees, fines, and sanctions. Said person or persons 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, ((or)) paper, or other instrument sanctioned by the parking ((services)) department that is displayed from a vehicle, and authorizes parking in specified areas. Also referred to as "permit" in this chapter.

(((18))) (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 with disability. For the purpose of this chapter, persons with disability shall refer to a person or persons with disability or disabilities who qualify for a state-issued persons with disability 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 resident students.

(31) Resident student. A student ((living)) with a current, valid residence hall contract, who lives in a residence hall.

(((19))) (32) Residence hall. Residence halls include, but are not limited to, the following: ((Streit Hall, Perham Hall, Regents Hall, Scott Hall, Coman Hall, Wilmer Hall, Davis Hall, Duncan-Dunn Hall, Community Hall, Stevens Hall, McCroskey Hall, Gannon Hall, Goldsworthy Hall, McEachern Hall, Orton Hall, Rogers Hall, Stephenson Complex, Stimson Hall, Waller Hall, Kruegel McAllister Hall, and Honors Hall)) Coman Hall, Community Hall, Davis Hall, Duncan-Dunn Hall, Gannon Hall, Goldsworthy Hall, Honors Hall, McCroskey Hall, McEachern Hall, Orton Hall, Perham Hall, Regents Hall, Rogers Hall, Scott Hall, Stephenson Complex, Stevens Hall, Stimson Hall, Streit Hall, Waller Hall, and Wilmer Hall.

(((20))) (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 ((permit)) vehicle authorization displayed).

(((21))) (34) Service zone. Parking spaces or area designated for the use of ((university)) 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.

(((22) Resident priority zone (i.e., crimson zone, gray zone). A parking area close to a residence hall. Parking in these areas is assigned to resident students by residence life personnel, and/or residence hall officers.

(23))) (35) Staff. For the purposes of these regulations, "staff" includes all ((faculty, classified staff, administrative and professional employees, temporary employees, and other support personnel employed by the university,)) nonstudent employees of the university and the ((personnel)) nonstudent employees of other ((activities)) 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 ((as)) to be students for the purpose of these ((rules)) regulations.

(((24))) (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. ((Any person who has been admitted to the university, and who is either attending classes, or actively pursuing a degree or certificate.)) The term "student" includes all persons 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.

(((25))) (39) Summer session. The summer session includes all summer ((school)) sessions beginning on the first day of the earliest session, and ending on the last day of the latest session.

(((26))) (40) University. Refers to Washington State University.

(41) University holiday. ((See)) A day regarded by the university as an official university holiday.

(((27))) (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.

(((28) Vehicle. See motor vehicle.

(29))) (45) Visitors. Persons who are not staff or students and who only visit the campus on an occasional basis.

(((30))) (46) Wheel lock. A device used to temporarily immobilize a motor vehicle (((i.e., on-the-spot impoundment))). Wheel locked vehicles are considered to be impounded in place and subject to storage fees.

(47) 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.

(48) 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.

[Statutory Authority: RCW 28B.30.150. 02-14-071, 504-15-100, filed 6/28/02, effective 7/29/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-13-003, 504-15-100, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-100, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending WSR 02-14-071, filed 6/28/02, effective 7/29/02)

WAC 504-15-200   Enforcement authority.   ((Parking services)) The parking department and the university police department are charged with the impartial enforcement of these regulations. ((Enforcement personnel)) Officers of these departments have authority to issue parking ((citations)) tickets, to impound vehicles, and to control access to areas.

[Statutory Authority: RCW 28B.30.150. 02-14-071, 504-15-200, filed 6/28/02, effective 7/29/02. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-200, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending WSR 02-14-071, filed 6/28/02, effective 7/29/02)

WAC 504-15-210   Times of enforcement.   Parking regulations are subject to enforcement at all times.

(1) Parking permit areas((:)). All parking permit zones are limited to authorized permit holders during specific hours. These hours are posted in each parking ((zone either)) area at the entrance to parking areas, or along roadways where parking is marked. ((Restricted spaces are enforced at all times. See subsection (4) of this section, special conditions.))

(2) Restricted spaces((:)). These spaces are restricted for their designated purpose at all times (((twenty-four hours a day, seven days a week))) unless signed otherwise:

(a) Disability zones.

(b) Load/unload.

(c) Service.

(d) Reserved.

(e) Reserved (bagged) parking meters.

(f) ((Specially signed)) Pedestrian mall.

(g) Areas which are specially signed or physically set apart by barricades, traffic cones, tape, or other traffic devices.

(3) Parking metered spaces((:)). Parking meters are in effect during the times posted on each meter. During these times the meter must be paid the posted amount. Additional time cannot be purchased beyond the meter's posted maximum time limit (e.g., a two-hour meter ((will)) allows a maximum of two hours to be purchased at one time). A motor vehicle which is parked at an expired meter is considered in violation initially, and after each period equal to the maximum time posted for the meter. In such case a parking ticket may be issued for each violation. For example, a vehicle parked at a meter with a two-hour maximum time limit for six hours and five minutes of CONTINUOUS unpaid parking at the same meter would be eligible for up to three parking tickets.

(4) Special conditions((:)). The parking regulations are enforced every day, twenty-four hours a day. During certain times the following special conditions exist, and the regulations are modified.

(a) Crimson permit zones.

(i) Permits are not required in crimson zones at the start of each semester from the Monday of the week prior to the first day of class through the fifth day of class.

(ii) Crimson, orange, and green permits are valid in crimson zones during summer session, vacation periods, and between semesters.

(iii) Temporary one-hour parking zones may be established in portions of the crimson zones during finals week and at the start of each semester to accommodate moving into and moving out of residence halls.

(b) Gray permit zones.

(i) Permits are not required in gray zones at the start of each semester from the Monday of the week prior to the first day of class through the fifth day of class, during vacation periods, and between semesters.

(ii) During summer session, gray zones are open to all valid ((WSU)) university parking permits, except blue permits and housing parking permits.

(iii) Temporary one-hour parking zones may be established in portions of the gray zones during finals week and at the start of each semester to accommodate moving into and moving out of residence halls.

(c) Blue permit zones. Permits are not required in blue zones at the start of each semester from the Monday of the week prior to the first day of class through the fifth day of class, during finals week, vacation periods, and between semesters.

(d) University-owned housing areas. Permits are not required in university-owned housing areas at the start of each semester from the Monday of the week prior to the first day of class through the fifth day of class, and during finals week.

(e) Summer business hours. During the period when the university is ((officially)) on official summer business hours, all metered spaces and permit areas which are not restricted ((will be)) are open parking after 4:00 p.m. ((This period varies from year to year, and does not include periods when individual departments change their business hours outside the university's)) Official summer business hours are posted on the human resource services department web site throughout the summer.

(5) Pay parking facilities((:)). Some ((nonmetered)) parking areas ((are provided for)) provide parking on an hourly basis. Hours of operation and a schedule of fees are posted at the facility entrance and at the point of payment. Parking ((violations)) tickets are issued to vehicles that are parked over the duration of time that was paid and for nonpayment. Parking areas with parking meters are not considered pay parking facilities.

[Statutory Authority: RCW 28B.30.150. 02-14-071, 504-15-210, filed 6/28/02, effective 7/29/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-13-003, 504-15-210, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-210, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending Order 90-1, filed 5/16/90, effective 7/1/90)

WAC 504-15-220   Signed and marked areas.   (1) Parking on campus is permitted only in the marked and/or signed spaces in ((areas)) parking facilities and on streets. All other areas outside these designated areas are "no parking zones." Each parking ((area)) facility has signs or markings to indicate the type of permit or ((permits)) 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 not constitute an excuse for a violation of this ((rule)) regulation.

(3) Standing (the stopping of a vehicle with the driver remaining in it) is permitted 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.

(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.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-220, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending WSR 95-13-003, filed 6/8/95, effective 7/9/95)

WAC 504-15-250   Motorcycles((,)) and mopeds((, and bicycles)).   (1) The general traffic regulations applicable to motor vehicles apply ((equally)) to motorcycles((, mopeds, and bicycles)) and mopeds. Motorcycles or mopeds may not be driven on sidewalks or in ((the)) pedestrian mall areas. ((Bicycles may be used on sidewalks, though pedestrians always have the right of way.)) Owners of motorcycles and mopeds are responsible for all violations ((including violations)) issued ((even if said vehicle is moved by someone else after being legally parked)).

(2) The university classifies mopeds and motorcycles by engine displacement (also referred to as engine size). This definition applies only to ((parking at the)) university property and does not replace or supersede the definitions established by the state of Washington for licensing ((or traffic)) purposes.

(3) Mopeds((:)). Mopeds may park only in ((the following locations with a valid moped permit:

(a))) a designated moped parking area marked by signs and/or the letters "MP" on the parking surface((.

(b))); 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((:)). Motorcycles may park only in spaces which are marked by signs, or the letter "M" painted on the parking surface. Motorcycles must display a valid ((WSU)) university motorcycle permit during posted times. During all other times, these spaces are restricted to use by motorcycles only. Motorcycles may not park at bicycle racks or in designated moped areas at any time.

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-13-003, 504-15-250, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-250, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending Order 90-1, filed 5/16/90, effective 7/1/90)

WAC 504-15-300   Financial responsibility for ((citations)) parking tickets.   (1) Each registered parking permit ((registrant)) holder shall be financially responsible for parking ((citations)) tickets on vehicles:

(a) Registered with the parking ((services)) department; and/or

(b) Displaying the ((registrant's)) registered parking permit holder's permit.

(2) Owners of vehicles ((will be)) are held ((primarily liable)) ultimately financially responsible for ((citations)) parking tickets issued to their vehicles.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-300, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending WSR 95-13-003, filed 6/8/95, effective 7/9/95)

WAC 504-15-350   Use of areas for emergency, maintenance, events, construction, or special needs.   The university reserves the right to close any campus parking area at any time it is deemed necessary for maintenance, safety, events, construction, or to meet special needs. ((Parking services will)) The parking department provides notice to users when possible.

Public safety and maintenance personnel performing official duties may deviate from these regulations as required to conduct emergency procedures.

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-13-003, 504-15-350, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-350, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending Order 90-1, filed 5/16/90, effective 7/1/90)

WAC 504-15-410   Issuance ((and)), use, and term of parking permits.   Parking permits are ((available at)) issued by the parking ((services, located in the safety building,)) department for available areas upon application and the payment of the appropriate fees. The applicant ((will)) may receive a parking permit and/or indicator which specifies parking area(s) where the vehicle may be parked. Permits are valid up to and including the expiration date on the permit.

((Temporary parking permits may be obtained from police services when the parking services office is closed.

Housing area parking permits are issued by the respective apartment housing offices.))

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-410, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending Order 90-1, filed 5/16/90, effective 7/1/90)

WAC 504-15-420   ((Consent to)) Withholding of fines and fees.   All parking permit applications shall 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.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-420, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending Order 90-1, filed 5/16/90, effective 7/1/90)

WAC 504-15-440   ((Term of permit -- ))Transfer of parking permit.   ((Permits are valid up to and including the expiration date on the permit.

The ownership of)) A parking permit((s)) is ((generally)) not ((transferrable, but exceptions can be made by parking services provided that the:

(1) Person relinquishing ownership and the eligible purchaser appear in person at parking services when requesting such a transfer;

(2) Former owner relinquishes all ownership or claim to the permit, and pays all outstanding fines; and

(3) New owner completes a new application form for the permit.

If a replacement permit is requested, the old permit must be removed and presented to parking services to be eligible for a replacement or a refund)) transferable.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-440, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending WSR 95-13-003, filed 6/8/95, effective 7/9/95)

WAC 504-15-450   Replacement parking permits, indicators, and gate cards.   (1) Sold or traded vehicles. Failure to advise the parking ((services)) department of a sale or trade for registration purposes may result in continued responsibility to the permit holder for ((citations)) parking tickets received on ((that permit)) 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 ((services)) department to receive a free replacement. Persons failing to comply with this requirement shall 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 ((services)) department immediately upon discovery. A lost or stolen permit ((will)) may be replaced ((once at no cost, but only if a theft report of the permit has been filed in the appropriate police jurisdiction and verified by parking services. The second time the permit is reported stolen, the replacement fee will be ten dollars; the third time, twenty dollars; and thereafter, the original cost of the stolen permit. A lost permit will be replaced once for ten dollars; the second time, twenty dollars; and thereafter at the original cost of the permit)) 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 ((services office)) department immediately if recovered.

(3) Windshield replacements. When a permit-bearing windshield is replaced, the permit replacement fee ((will be)) is waived if proof of windshield replacement is presented.

(4) Gate card replacement. A lost, stolen, or damaged gate card ((will be)) is replaced ((for five dollars)) upon payment to the parking department of the cost of replacing the gate card, according to a schedule adopted by the parking department.

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-13-003, 504-15-450, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-450, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending WSR 02-14-071, filed 6/28/02, effective 7/29/02)

WAC 504-15-460   False information.   No person shall 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, ((Social Security)) identification number, and/or other information known to be false. It also includes the ((mere)) use of a visitor, conference, and commercial permit by staff or students. Violation of this provision shall constitute the illegal use of a parking permit, and ((will be)) is subject to ((citation and fine)) issuance of a parking ticket.

[Statutory Authority: RCW 28B.30.150. 02-14-071, 504-15-460, filed 6/28/02, effective 7/29/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-13-003, 504-15-460, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-460, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending WSR 95-13-003, filed 6/8/95, effective 7/9/95)

WAC 504-15-470   Recall of parking permits and gate cards.   Parking permits are the property of the university and may be recalled by the parking ((manager)) administrator when:

(1) The purpose for which the permit or gate card was issued changes or no longer exists (e.g., a person who no longer lives in a residence hall would be required to ((hand over)) 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;

(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.

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-13-003, 504-15-470, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-470, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending Order 90-1, filed 5/16/90, effective 7/1/90)

WAC 504-15-510   Parking permits -- General.   The university ((will)) issues parking permits for designated areas of the campus. Any vehicle parked on ((university property, other than a pay area or metered space)) the campus must clearly display a ((current university)) valid university parking permit ((for a given area)) in accordance with this chapter during the posted hours and in locations when and where permits are required. University staff and students may not use any other permit in lieu of a valid university parking permit or valid university housing parking permit.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-510, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending Order 90-1, filed 5/16/90, effective 7/1/90)

WAC 504-15-520   Parking permits -- Form and display.   All parking permits must be 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 not valid, and vehicles displaying them improperly)) are subject to ((citation)) parking tickets for the violation of improperly displaying a permit.

(1) Autos and trucks:

(a) Hanging permits, both annual and ((temporary)) daily, must be displayed hanging from the rear-view mirror post.

(b) ((Transferable cards)) Permits mounted solely by suction cup and ((affixed)) permit decals directly affixed to the windshield must be displayed on the front windshield at the lower left corner (driver's side). Decals must be mounted completely by means of their own adhesive (not by tape).

(2) Motorcycles and mopeds((:)). Motorcycle and moped 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.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-520, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending WSR 02-14-071, filed 6/28/02, effective 7/29/02)

WAC 504-15-540   Zone parking permits -- Availability and use.   The management and assignment of parking zones is designed to provide a ((reliable)) parking space to each permit holder((s)). 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 ((will be)) 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 ((will be)) is that the sale of blue permits ((will)) is not ((be)) limited.

Staff and students are generally assigned to specific parking areas, ((called)) referred to as zones. Parking zones are color-coded with respect to their price and numbered with respect to the specific parking ((area)) 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 ((temporary)) daily basis ((during the summer session)).

(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 ((temporary)) daily basis ((during the summer session)).

(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 ((temporary)) 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 ((temporary)) daily basis.

(5) Crimson permits. Crimson 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. 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 resident students are eligible for crimson permits.

(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 ((temporary)) 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 resident students are eligible for gray permits.

(((6))) (7) Blue permits (peripheral parking)((:)). Blue permit holders may park in any blue zone. These permits ((are)) may be made available on a ((temporary)) daily basis.

(((7) Crimson permits. Crimson 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. 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 resident students are eligible for crimson permits.))

[Statutory Authority: RCW 28B.30.150. 02-14-071, 504-15-540, filed 6/28/02, effective 7/29/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-13-003, 504-15-540, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-540, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending WSR 95-13-003, filed 6/8/95, effective 7/9/95)

WAC 504-15-560   Other parking permits -- Availability and use.   (1) Visitor permits((:)). Visitor permits are available on an annual or daily basis to visitors of the university. Visitor permits may be used only by bona fide visitors as defined by this chapter. Use by any other person constitutes illegal use of a parking permit. Annual visitor permits are valid in green, yellow, red and blue zones, and parking spaces signed for visitor((s)) permits only. Daily visitor permits may be assigned to specific zones on a space-available basis. If a parking zone is not specified on the permit, it is valid in the same parking areas as an annual visitor permit. Visitor permits are not valid in pay ((lots)) parking facilities, parking meters, or restricted spaces.

(2) Golden cougar permits((:)). Golden cougar permits are special visitor permits that are issued to retired ((faculty and)) staff ((free of charge)) in recognition of their service without additional cost. They are issued on an annual basis and are valid in green, yellow, red, blue zones, and visitor-permit-only parking spaces. ((Faculty and)) Staff who ((remain regularly)) 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) President's associates decals((:)). President's associates decals are issued to eligible members of ((WSU)) the Washington State University foundation. They are valid in green, yellow, red, blue zones, and visitor-permit-only parking spaces. However, ((WSU)) university faculty, staff, and students may not use a president's associates decal in lieu of a paid zone permit.

(4) Conference permits((:)). Conference permits are available to visitors who participate in conferences held on the university campus. They are available on a daily basis only. Conference permits may be assigned to specific zones on a space-available basis. If a parking zone is not specified on the permit, it is valid in green, yellow, red, blue zones, and visitor-permit-only parking spaces. Conference permits are not valid in orange zones, pay parking facilities, parking meters, or restricted spaces.

(5) Motorcycle permits((:)). Motorcycle permits are valid within boundaries of areas specifically posted and/or marked for motorcycle permits. Motorcycle permits are available on an annual and daily basis.

(6) 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.

(7) 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 ((signed for visitors only)). Daily commercial permits may be assigned to specific zones on a space-available basis. ((If a parking zone is not specified on the permit, it is valid in the same parking areas as an annual commercial permit.)) Commercial permits are not valid in orange zones((,)) or pay ((lots, or other restricted spaces)) parking facilities.

(8) 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.

(9) Housing permits((:)). A housing permit is issued to eligible residents of university ((apartments))-owned housing. Housing permits are valid only in specific housing parking areas.

(10) Carpool((:)). Upon ((completion of)) application, a bona fide carpool((s)) with four or more participants ((will be)) is given preference in the assignment of parking zones, and ((will be)) issued a permit ((instrument)) that ((will)) facilitates the carpool. ((This includes access to no more than two zones of the same fee level. If the carpool requires access to zones of various fee rates, the highest fee rate will be charged for use of the carpool permit.)) Obtaining or using a carpool permit under false pretenses constitutes the illegal use of a permit.

(11) 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.

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-13-003, 504-15-560, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-560, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending WSR 02-14-071, filed 6/28/02, effective 7/29/02)

WAC 504-15-580   Special 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((s/)) or hanger((s which are)) is valid typically for a maximum of fifteen minutes in a marked service zone. A ((separate)) "mall service" indicator ((allows)) 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 are issued on an annual or daily basis ((after)) upon the approval of the parking ((manager)) administrator or his/her designee.

(2) A "night parking" indicator decal((s/)) or hanger((s which are)) is valid in ((parking)) 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 ((parking)) 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 ((parking)) 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.

[Statutory Authority: RCW 28B.30.150. 02-14-071, 504-15-580, filed 6/28/02, effective 7/29/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-13-003, 504-15-580, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-580, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending WSR 02-14-071, filed 6/28/02, effective 7/29/02)

WAC 504-15-600   ((Disability permits.)) Parking permits for persons with disability.   ((The university and parking services strongly supports the provision of disability parking spaces at a reasonable proximity to campus buildings for people of disability.

There are two types of disability permits:

(1) Permanent physical disability. An annual disability permit is available to permanently disabled university employees and students at the established fee. Holders of annual permits may park in orange, green, yellow, red, crimson, gray, and blue zones, and metered spaces. They may not park in service zones or reserved spaces. The fee for an annual disability permit is equal to the blue zone fee. Payment of regular posted fees is required in pay lots.

(2) Temporary physical disability. Temporary disability permits will be issued to temporarily disabled staff and students for a maximum of six weeks, although they may be renewed.

Employees and students must obtain a temporary disability form from parking services. These disabled parking privileges will be granted only after submission of the form that shows the applicant meets established physical limitations. The form must be completed by a health care provider. Parking services will not accept substitute forms or letters.)) (1) The provisions of this chapter cover the purchase and display of parking permits and the payment of fees and fines associated with parking for persons with disability.

(2) For the purpose of this chapter, persons with disability shall refer to a person or persons with disability who qualify for a state-issued persons with disability parking identification and permit.

(3) The university uses the state persons with disability parking permit system to determine eligibility for a university persons with disability parking permit. Persons desiring to purchase a university persons with disability parking permit must present a valid state-issued persons with disability parking identification and permit.

(4) Unless otherwise authorized, parking in spaces designated for persons with disability requires a valid university persons with disability parking permit to park on campus. University parking permits for persons with disability are available at the blue zone rate.

(5) Persons with a university persons with disability parking permit may park in a persons with disability parking space and any other, nonrestricted permit space within a parking permit zone.

(6) Persons with a university persons with disability parking permit may not park in restricted spaces with the exception of persons with disability parking spaces.

(7) Unless otherwise posted, any university parking permit to include a persons with disability parking permit is not valid in lieu of payment of regular posted fees in pay parking facilities.

(8) A state-issued persons with disability license plate, placard, or permit is valid in lieu of a university persons with disability parking 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 university persons with disability parking permit is required in lieu of a state-issued persons with disability license plate, placard, or permit as authorization to use a pedestrian mall to access marked persons with disability parking spaces within the confines of a pedestrian mall.

[Statutory Authority: RCW 28B.30.150. 02-14-071, 504-15-600, filed 6/28/02, effective 7/29/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-13-003, 504-15-600, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-600, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending WSR 02-14-071, filed 6/28/02, effective 7/29/02)

WAC 504-15-650   ((Permit)) Parking 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 ((will be)) are submitted to the president or his/her designee and to the board of regents for approval by motion, provided, however, that ((fees associated with parking at the student recreational center, (SRC) including refunds of fees, will)) 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 ((be)) submitted to the board of regents so long as the board of regents has delegated authority to the president or his designee to approve all such fees and fines. The schedules described above for all parking fees((, parking administrative fees, meter rates, prorate and refund schedules, including those for the SRC, will)) and fines are thereafter ((be)) posted in the public area of the parking ((services)) department office((, filed with the university rules coordinator,)) and posted on the parking ((services)) department's web site.

(2) Payments((:)). Parking fees and fines may be paid at the parking ((services)) department by cash, check, approved payment card, or money order. A payroll deduction plan is available for ((permanent)) eligible university employees and eligible graduate students ((during the fall semester only)).

(3) The annual fee for any shorter period relative to all permits shall be prorated according to the published schedule.

(4) The proper fee must be paid for all vehicles parked in ((metered areas)) parking meter spaces unless otherwise authorized.

(5) Staff members whose work schedules qualify them for ((night time)) nighttime differential pay may purchase a permit for one-half the regular fee. Verification ((will be)) is required.

(6) Refunds((:)). Annual permits being relinquished may be returned to the parking ((services)) department for a pro rata refund in accordance with university policy. Identifiable remnants of the permit must be returned. ((Provision of the permit holder's copy of the permit receipt will facilitate the refund process. A minimum ten-dollar service charge will be retained by parking services. Further,)) The balance of any fees and fines owed the parking ((services will be)) department is deducted from any refund due. Refunds for temporary permits ((will)) are not ((be)) granted. Refunds for pretax payroll deductions cannot be granted pursuant to federal tax laws.

(7) 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 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.

[Statutory Authority: RCW 28B.30.150. 02-14-071, 504-15-650, filed 6/28/02, effective 7/29/02. Statutory Authority: RCW 28B.30.095, [28B.30].125, [28B.30].150. 01-13-102, 504-15-650, filed 6/20/01, effective 7/21/01; 95-13-003, 504-15-650, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-650, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending WSR 95-13-003, filed 6/8/95, effective 7/9/95)

WAC 504-15-750   ((WSU/UI)) Reciprocal parking agreements.   (1) Purpose((: Washington State University and the University of Idaho have developed a cooperative parking agreement)). The university can enter into reciprocal parking agreements with other universities and Washington State University campuses for the purpose of enhancing the accessibility to ((either)) various campuses for ((faculty,)) staff((,)) and students participating in ((cooperative)) various courses and programs. ((Selected parking permits from each university have been deemed valid in specific parking areas.))

(2) ((University of Idaho permit holders at WSU: The following applies to University of Idaho permit holders who wish to park at Washington State University:

(a) UI gold and retiree permits are valid in WSU green, yellow, red, and blue zones.

(b) UI red permits are valid in WSU yellow, red, and blue zones.

(c) UI blue and silver permits are valid in WSU blue zones.

(d) UI green permits (housing, visitor permits, or vendor permits) are not valid at Washington State University.

(e) UI parking permits are not valid in WSU orange zones, gray zones, or housing areas.

(f) Annual or temporary permits may be available for other parking areas on a space-available basis, and for an additional fee.

(3) WSU)) The university faculty, staff, and students assigned to, enrolled at, or who pay fees to ((Washington State)) the university Pullman campus or employees of other ((activities or agencies)) entities located on the Pullman campus must display a ((WSU)) valid university parking permit when parking at ((WSU)) the university. Any attempt by the above personnel to use a ((UI)) parking permit from another university campus in lieu of a ((WSU)) valid university Pullman campus permit may result in a fine for illegal use of a parking permit.

(((4) WSU permit holders at UI: The following applies to Washington State University permit holders who wish to park at the University of Idaho. It is provided for information only, and is subject to change by the UI. WSU permit holders are subject to all UI parking and traffic regulations.

(a) WSU orange, green, and golden cougar permits are valid in UI gold, red, and blue areas.

(b) WSU yellow, red, blue, and gray permits are valid in UI red and blue areas.

(c) WSU housing permits and visitor permits are not valid at the University of Idaho.))

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-13-003, 504-15-750, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-750, filed 5/16/90, effective 7/1/90.]

PART IV: FINES, SANCTIONS, AND APPEALS
AMENDATORY SECTION(Amending WSR 02-14-071, filed 6/28/02, effective 7/29/02)

WAC 504-15-810   Violations, fines, and sanctions.   (1) Violations and fines((:)). Parking violations ((will be)) are processed by the university. Fines must be paid at the parking ((services)) 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 ((services)) department office and on the parking ((services)) department's web site.

(2) Reduction of fines((: Fines for violations in subsection (1)(a) and (b) of this section paid within twenty-four hours will be reduced by one-half)).

(a) The fine for "meter violation" and the fine for "overtime in a timed zone" violation are reduced by one-half if paid within twenty-four hours of time of issuance. Eligible violations received on Friday or Saturday can be paid on the following Monday to satisfy the twenty-four hour requirement. Mailed payment of fines must be postmarked within twenty-four hours to receive the one-half reduction. ((If a permit holder of record neglects to display his/her permit and receives a notice of violation for no parking permit, (subsection (1)(c) of this section), that fine will be reduced to five dollars when possession of a valid parking permit for the location is verified by the parking services within twenty-four hours.

(3))) (b) Visitors((:)). The first violation of the notices ((listed in subsection (1)(c) of this section,)) for "no parking permit"((, and subsection (1)(d) of this section,)) and "no parking permit for this area((,))" issued to a visitor((s are)) is considered a warning notice((s)) upon presentation of the parking ticket to the parking ((services office)) department.

(((4))) (c) If a permit holder of record neglects to display his or her permit and receives a notice of violation for "no parking permit," a reduced fine is assessed when possession of a valid parking permit for the location is verified by the parking department within twenty-four hours.

(d) 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, under the advisement of the university's internal auditor.

(3) Inoperable vehicles((:)). It is the owner's responsibility to immediately contact the parking ((services)) department in the event that ((their)) the owner's vehicle becomes inoperable when the vehicle is present on campus.

(4) Payment of parking fines. All parking fines are due upon issuance of a parking ticket. Thirty days after date of issuance of a parking ticket, a late fee shall be added to all unpaid parking fines. For example, a parking ticket issued on May 1 would be assessed a late fee on May 31. Failure to pay the fine and fee assessed for any violation results in referral to the university controller's office for 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 collection efforts are unsuccessful, the controller or designee may notify the registrar to refrain from issuing student transcripts or to withhold permission to reenroll for a subsequent term until outstanding fines and fees are paid. 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.

(5) 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.

[Statutory Authority: RCW 28B.30.150. 02-14-071, 504-15-810, filed 6/28/02, effective 7/29/02. Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-13-003, 504-15-810, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-810, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending WSR 95-13-003, filed 6/8/95, effective 7/9/95)

WAC 504-15-860   Appeal((s)) 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 ((committee)) process serves ((two)) three primary functions:

(a) To ((assure an impartial evaluation of the circumstances relating to a particular parking violation; and)) hear parking ticket appeals;

(b) To ((aid in the appraisal of parking and traffic problems)) hear appeals of wheel lock eligibility determinations; and

(c) To hear appeals of impoundments.

(2) Procedure((:)). Any person who has received ((notice of)) a parking ((violation)) ticket may appeal the alleged parking violation. ((The appellant may request more information from parking services.)) 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 ((services in the safety building)) department within ten calendar days ((after receipt of notice of the violation)) of issuance of the parking ticket. Forms for this purpose are available from the parking ((services)) department. The parking appeals committee ((will)) makes an initial decision ((on)) regarding the appeal within twenty calendar days during the academic year and ((forty-five)) within thirty calendar days during the summer months after receipt of the appeal. The committee ((will serve)) provides a brief statement of the reason(s) for its decision ((on)) to the appellant within ten calendar days of the decision.

(((3))) (4) Review hearing of initial decision((:)). If the appellant is dissatisfied with the initial decision, ((he/she)) 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 ((service of)) the ((notice)) date of the initial parking appeals committee decision. If no such request is received, the initial decision shall be final. During the ((review)) hearing the appellant and representatives of the parking ((services)) department may present and cross-examine witnesses. The hearing officer or appeals committee shall render a decision in writing and ((serve)) provide appellant with the decision within ((five)) ten calendar days after the ((review)) hearing.

(((4))) (5) Appeal to district court((:)). RCW 28B.10.560 provides that a person who is not satisfied with the final decision of the university may appeal to district court. The application for appeal to district court shall be in writing and must be filed at the parking ((services)) department office ((in the safety building)) within ten calendar days after ((service of written notice of the final decision)) the date of the review hearing. The parking ((services will)) department forwards the documents relating to the appeal to the district court.

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-13-003, 504-15-860, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-860, filed 5/16/90, effective 7/1/90.]

PART V: ((TRAFFIC RULES)) IMPOUNDMENT OF VEHICLES
NEW SECTION
WAC 504-15-865   General.   (1) Pursuant to the provisions of this chapter, an officer shall 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.

(3) The driver and/or owner of a towed vehicle shall 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 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 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 must pay the amount of such fines or fees as a bond which shall be 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.

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NEW SECTION
WAC 504-15-870   Wheel lock-eligible list.   (1) The parking administrator shall be responsible for creating and maintaining the wheel lock-eligible list. See definition of "wheel lock-eligible vehicle."

(2) A wheel lock-eligible vehicle shall be 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 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 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 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 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 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 not have the authority to adjudicate the merits of any parking ticket, she or he shall, 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 furnish the owner written notice of his or her 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 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 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 be provided by posting on the vehicle a conspicuous notice, which shall 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 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 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.

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NEW SECTION
WAC 504-15-880   Fees, 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 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 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.

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NEW SECTION
WAC 504-15-885   Theft, damage, or removal of a wheel lock device.   The following conduct of any person shall 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.

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PART VI: TRAFFIC REGULATIONS
AMENDATORY SECTION(Amending Order 90-1, filed 5/16/90, effective 7/1/90)

WAC 504-15-920   Closed 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 ((handicap)) university-issued persons with disability permits.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), 504-15-920, filed 5/16/90, effective 7/1/90.]


AMENDATORY SECTION(Amending WSR 95-13-003, filed 6/8/95, effective 7/9/95)

WAC 504-15-930   Bicycles, skateboards, and rollerskates.   (1) The riding and use of bicycles, skateboards, and rollerskates is prohibited from the Terrell Mall, and all building plazas, interior building spaces, parking structures, and parking structure ramps.

(2) Bicycles, skateboards, and rollerskates may be ridden and used on sidewalks when a bike path is not provided. Operators must move at a safe speed and yield to pedestrians at all times.

(3) Bicycles, skateboards, and rollerskates may not be ridden on or over stairways, steps, ledges, benches, planting areas, or any other fixtures.

(4) Bicyclists must obey all traffic ((rules)) regulations of the road when operating a bicycle in roadways.

(5) Bicycles may be secured only at bicycle racks and facilities designed for such purpose.

[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-13-003, 504-15-930, filed 6/8/95, effective 7/9/95.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 504-15-430 Change in residence or license plates.
WAC 504-15-830 Other violations and sanctions.

Washington State Code Reviser's Office