WSR 10-23-031

PROPOSED RULES

YAKIMA VALLEY

COMMUNITY COLLEGE

[ Filed November 9, 2010, 9:28 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-19-015.

Title of Rule and Other Identifying Information: Yakima Valley Community College (YVCC) parking and traffic regulations, chapter 132P-116 WAC.

Hearing Location(s): M.L. King Jr Room, Hopf Union Building, YVCC Yakima Campus, South 16th Avenue and Nob Hill Boulevard, on January 6, 2011, at 3:00 p.m.

Date of Intended Adoption: February 3, 2011.

Submit Written Comments to: Teresa Holland, Vice-President for Administrative Services, YVCC, P.O. Box 22520, Yakima, WA 98908, e-mail tholland@yvcc.edu, fax (509) 574-4667, by January 3, 2011.

Assistance for Persons with Disabilities: Contact Marc Coomer, disability support services, by January 3, 2011, TDD (509) 574-4677 or (509) 574-4609.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the YVCC parking and traffic regulations is to protect pedestrians, control vehicular traffic, assure emergency access and minimize traffic disturbance. Changes to the existing rules will clarify some areas and bring the rule current with the variety of parking options now available at the college.

Reasons Supporting Proposal: The regulations were last updated thirteen years ago in 1997. In those intervening years, the college has grown substantially. In response to this growth, the college has added parking lots with a variety of parking options, such as metered parking and pay-by-the-day permits dispensed by machine. These changes make it necessary to update and clarify the rules to reflect current practices.

Statutory Authority for Adoption: RCW 28B.50.140.

Statute Being Implemented: Not applicable.

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

Name of Proponent: YVCC, safety and security office, public.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Michael Lane, Palmer Hall, Room X100, Yakima Campus, Nob Hill and 16th Avenue, (509) 574-6820.

No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules apply only to vehicular traffic within the confines of the college's property. No impact to businesses in the area is anticipated.

A cost-benefit analysis is not required under RCW 34.05.328. The changes proposed do not meet the definition of "signficant [significant] legislative rule" as defined in RCW 34.05.328 (5)(c)(iii).

November 2, 2010

Suzanne West

Rules Coordinator

OTS-3771.1


AMENDATORY SECTION(Amending WSR 97-19-026, filed 9/8/97, effective 10/9/97)

WAC 132P-116-020   Definitions.   As used in this chapter, the following words shall mean:

(1) "College." Yakima Valley Community College, or any additional community college hereafter established with Community College District 16, state of Washington, and collectively, those responsible for its control and operations.

(2) "College community." Trustees, students, employees, and guests on college owned or controlled facilities.

(3) "College year." Unless otherwise designated, the time period commencing with the fall quarter of a community college academic year and extending through the immediately subsequent winter, spring, and summer quarters. The fall quarter shall be considered the first quarter of the college year for parking and traffic control purposes.

(4) "College facilities." ((Includes)) Any or all property owned or operated by the college.

(((4))) (5) "Student." ((Includes)) All individuals enrolled at the college, or in any educational program operating on the college facilities, both full and part time.

(((5))) (6) "Director of ((facilities)) facility operations." An employee of Yakima Valley Community College, District 16, state of Washington, who is responsible to the vice-president for administrative services for campus security, safety, parking and traffic control.

(((6))) (7) "Vehicle." All modes of transportation including, but not limited to automobiles, trucks, motor-driven cycles, scooters, or any vehicle powered by a battery or engine, and also including bicycles and other nonengine vehicles.

(((7))) (8) "Visitor." Any individual who comes to campus who is neither an employee nor a registered student of the college.

(((8))) (9) "Permanent permits." Permits that are valid for a college year or quarter.

(((9) "Temporary permits." Permits valid for less than a quarter and/or a specific period designated on the permit.

(10) "College year." Unless otherwise designated, the time period commencing with the fall quarter of a community college calendar year and extending through the immediately subsequent winter, spring, and summer quarters. The fall quarter shall be considered the first quarter of the college year for parking and traffic control purposes.

(11))) (10) "Special permits." Permits issued for specific purposes by campus security to enhance the business or operation of the college.

(((12) "Car pool permits." Permits issued to individuals by campus security to individuals driving a car pool consisting of a minimum of two adults.

(13) "Resident student permits." Permits issued by campus security to students living in the student residence center.

(14))) (11) "Pay-by-the-day permits." Permits dispensed by machine located in parking lots.

(12) "Temporary permits." Permits issued by campus security for a designated period of time.

(13) "Paid reserved parking permits." Permits issued by campus security for a specified parking space reserved for that permit holder only.

(((15))) (14) "Disabled ((person)) parking permit." A permit issued to a person with a physical, mental, or sensory impairment.

(((16))) (15) "Designated permit areas." Designated areas of parking on college facilities requiring a permit to park.

(((17))) (16) "Parking/traffic appeals board." Board responsible for hearing appeals of parking/traffic citations.

(((18))) (17) "Business day." ((Set forth in RCW 42.04.060.)) Every working day of the week that includes Monday through Friday and excludes public holidays and weekends.

(18) "Hourly parking." Designated area with parking meters for individual stalls.

(19) "Properly displayed." In clear view, on front windshield, on rear window, face up on dashboard, or hung on inside rearview mirror.

[Statutory Authority: RCW 28B.50.140. 97-19-026, 132P-116-020, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-020, filed 8/27/80.]


AMENDATORY SECTION(Amending WSR 97-19-026, filed 9/8/97, effective 10/9/97)

WAC 132P-116-040   Permits required for vehicles in designated permit areas.   Students, faculty and staff shall not stop, park or leave a vehicle, attended or unattended, in designated permit areas without a parking permit. All persons parking in designated permit areas must have the permit properly ((placed in or on the vehicle by the first business day of the second week of each quarter. Warning citations will be issued during the first week of the quarter)) displayed.

[Statutory Authority: RCW 28B.50.140. 97-19-026, 132P-116-040, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-040, filed 8/27/80.]


AMENDATORY SECTION(Amending WSR 97-19-026, filed 9/8/97, effective 10/9/97)

WAC 132P-116-050   Registration of student, faculty, staff, and visitors vehicles.   Students shall register their vehicles per WAC 132P-116-060(1). Student permits are not required unless the student is a resident of the student residence center per WAC 132P-116-060(3). Students, faculty, and staff shall obtain parking permits at the security office. Visitors shall park in areas designated as "visitor" parking and shall obtain a permit at the ((college information office or)) campus security office.

[Statutory Authority: RCW 28B.50.140. 97-19-026, 132P-116-050, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-050, filed 8/27/80.]


AMENDATORY SECTION(Amending WSR 97-19-026, filed 9/8/97, effective 10/9/97)

WAC 132P-116-060   Authorization for issuance of permits.   The campus security office is authorized to issue parking permits to students, faculty and staff of the college pursuant to the following regulations:

(1) Students will register their vehicle(s) ((with the registration)) using a "Student Permit Application" form at the campus security office at the beginning of each academic quarter.

(2) Faculty and staff shall be issued a parking permit upon the registration of their vehicles at the beginning of fall quarter or at the time of their employment.

(3) Resident students shall obtain a parking permit at the campus security office within five business days of becoming a resident of the student residence center.

(4) Campus security may issue temporary and special parking permits when such permits are necessary to enhance the business or operation of the college.

(5) Any permit holder may obtain a temporary parking permit((s)) at the campus security office without charge for an unregistered vehicle when necessary due to the ((nonavailability)) unavailability of his or her registered vehicle. Issuance of such permit is left to the discretion of the campus security office.

(6) Permits are issued to an individual and are not transferable. If the individual is no longer attending or employed by the college, the permit is invalid.

(7) Any permit holder may obtain a replacement permit for a replacement fee from the campus security office upon request and explanation of the loss or destruction of the original permit.

(8) Pay-by-the-day permits are not transferrable between individuals.

[Statutory Authority: RCW 28B.50.140. 97-19-026, 132P-116-060, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-060, filed 8/27/80.]


AMENDATORY SECTION(Amending WSR 97-19-026, filed 9/8/97, effective 10/9/97)

WAC 132P-116-070   Valid permit.   A valid parking permit is:

(1) An unexpired permanent permit registered and properly displayed.

(2) A temporary unexpired permit issued by campus security and properly displayed.

(3) A special unexpired permit issued by campus security and properly displayed.

(4) ((A disabled person permit issued by campus security and properly displayed.

(5))) A valid unexpired disabled ((person)) parking ((sticker)) placard, license plate or card issued by the state of Washington and properly displayed.

(((6) A resident student permit issued by campus security and properly displayed.

(7) A car pool permit issued by campus security and properly displayed.

(8) A reserved permit issued by campus security and properly displayed.)) (5) Unexpired pay-by-the-day permit issued by machine with the current date and properly displayed.

(6) A paid reserved permit issued by campus security with the current quarter, lot designation, and properly displayed.

(7) Load zone permit issued by campus security and properly displayed.

[Statutory Authority: RCW 28B.50.140. 97-19-026, 132P-116-070, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-070, filed 8/27/80.]


AMENDATORY SECTION(Amending WSR 97-19-026, filed 9/8/97, effective 10/9/97)

WAC 132P-116-080   Display of permit.   All parking permits shall be placed at a designated location within the vehicle in plain view. If the permit is not in plain view, a citation ((will)) may be issued.

[Statutory Authority: RCW 28B.50.140. 97-19-026, 132P-116-080, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-080, filed 8/27/80.]


AMENDATORY SECTION(Amending WSR 97-19-026, filed 9/8/97, effective 10/9/97)

WAC 132P-116-120   Responsibility of ((person)) current registered vehicle owner to whom permit is issued.   The ((person)) current registered owner of the vehicle to whom a permit is issued is responsible for all violations of the parking and traffic rules and regulations involving the vehicle to which the permit is affixed. In the event that a vehicle in violation does not have a permit displayed, the current registered owner will be responsible for the violation(s).

[Statutory Authority: RCW 28B.50.140. 97-19-026, 132P-116-120, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-120, filed 8/27/80.]


AMENDATORY SECTION(Amending WSR 97-19-026, filed 9/8/97, effective 10/9/97)

WAC 132P-116-130   Designation of parking spaces.   The parking spaces available on campus shall be designated and allocated in such a manner as will best achieve the objective of the rules and regulations contained in this chapter and shall include, but not be limited to:

(1) Faculty and staff spaces.

(2) Student spaces.

(3) Disabled ((person)) parking spaces.

(4) ((Such parking spaces may be designated for other purposes as deemed necessary.)) Paid reserved spaces.

(5) Pay-by-the-day spaces.

(6) Hourly paid parking spaces (metered).

(7) Such parking spaces may be designated for other purposes as deemed necessary.

[Statutory Authority: RCW 28B.50.140. 97-19-026, 132P-116-130, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-130, filed 8/27/80.]


AMENDATORY SECTION(Amending WSR 97-19-026, filed 9/8/97, effective 10/9/97)

WAC 132P-116-140   Parking within designated spaces.   (1) Any person parking a vehicle at a college facility shall park the vehicle in designated parking areas only. These areas are marked by curbs, signs, or white or yellow line(s). Parking on or over a line constitutes a violation.

(2) No vehicle may be parked on any area that has been landscaped or designated as a walkway or pathway (paved or unpaved), except for college vehicles, emergency vehicles, or approved agents.

(3) No vehicle may be stopped, parked, or left at a college facility in a designated permit area without a valid parking permit, with the exception of trucks or cars making deliveries.

(4) No vehicle shall be parked on campus for a period in excess of seventy-two hours, unless ((cleared through)) approved in advance by the campus security office. Vehicles which have been parked in excess of seventy-two hours shall be impounded and stored at the expense of either or both owner and operator.

(5) ((Staff who require parking longer than normal parking hours may apply through the campus security office for permission.

(6))) All vehicles shall ((follow)) obey traffic arrows and other markings established for the purpose of directing traffic on campus.

(((7))) (6) No vehicle shall be parked ((so as to occupy)) in such a manner that it occupies any portion of more than one parking space as designated within the parking area. The fact that other vehicles may have been so parked as to require the vehicle to occupy a portion or more than one space or stall shall not constitute an excuse for ((a violation of)) violating this section unless weather conditions ((are such as to)) make this impossible.

(((8))) (7) No vehicle shall be parked in such a manner ((as to)) that it interferes with traffic, creates a hazardous condition, hinders maintenance((,)) or emergency vehicles, or otherwise interferes with the operation of the college.

(((9) No vehicle shall back into parking stalls.))

[Statutory Authority: RCW 28B.50.140. 97-19-026, 132P-116-140, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-140, filed 8/27/80.]


AMENDATORY SECTION(Amending WSR 97-19-026, filed 9/8/97, effective 10/9/97)

WAC 132P-116-170   Parking in prohibited places.   (1) No person shall stop, stand, or park any vehicle so as to obstruct traffic along or upon any street or sidewalk.

(2) No vehicle shall be parked at any place where official signs or other markings prohibit parking, or within fifteen feet of a fire hydrant.

(3) No person shall park in a place where there is not a parking stall designated by lines or signs.

[Statutory Authority: RCW 28B.50.140. 97-19-026, 132P-116-170, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-170, filed 8/27/80.]


AMENDATORY SECTION(Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-180   Control and regulation of traffic.   Drivers shall comply with the directions given them by the campus ((patrol person in)) security personnel regarding the control and regulation of traffic.

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-180, filed 8/27/80.]


AMENDATORY SECTION(Amending WSR 97-19-026, filed 9/8/97, effective 10/9/97)

WAC 132P-116-210   Two-wheeled motorbikes, bicycles, skateboards, ((or)) rollerblades, or roller skates.   (1) All two-wheeled vehicles powered by a battery or engine, licensed by the state of Washington, shall park in ((a space designated for motorcycles)) designated parking areas only.

(2) Bicycles and other nonengine cycles shall be subject to the posted or published regulations as established.

(3) 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.

(4) Skateboarding ((and)), rollerblading ((is)), and roller skating are not permitted on campus.

[Statutory Authority: RCW 28B.50.140. 97-19-026, 132P-116-210, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-210, filed 8/27/80.]


AMENDATORY SECTION(Amending WSR 97-19-026, filed 9/8/97, effective 10/9/97)

WAC 132P-116-220   Report of accident.   The operator of any vehicle involved in an accident on campus resulting in injury to, or death of any person, or claimed damage to either or both vehicles in any amount, shall within twenty-four hours((,)) report such accident to the campus security office. This does not relieve any person so involved in an accident from the responsibility to file a state of Washington motor vehicle accident report as required by state law.

[Statutory Authority: RCW 28B.50.140. 97-19-026, 132P-116-220, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-220, filed 8/27/80.]


AMENDATORY SECTION(Amending WSR 97-19-026, filed 9/8/97, effective 10/9/97)

WAC 132P-116-250   Issuance of traffic citations.   Upon violation(s) of any of the rules and regulations contained in this document, security officers, or ((designee)) designated traffic patrol are authorized to issue traffic citations, setting forth the date, permit number, the approximate time, license number, name of permit holder, infraction, officer and schedule of fines. 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 citation to the operator.

Violation(s) of the campus traffic code include but are not limited to:

(1) No parking permit displayed. A college parking permit is necessary when parking in any designated permit area on college facilities. The permit must be displayed as set forth herein.

(2) Failure to stop at stop signs/signals. Failure to bring a vehicle to a complete stop at properly erected and identified stop signs/signals.

(3) Failure to yield right of way. The act of depriving another vehicle or pedestrian of the right of way at an intersection or crosswalk.

(4) Improper parking. Parking a vehicle in areas that are intended for purposes other than parking, i.e., fire lanes, driveways, sidewalk, lawns, or taking up more than one parking stall.

(5) Permit violations. Parking in designated permit areas without proper permit.

(6) Negligent/reckless driving. The operation of a vehicle in such a manner as to place persons or property in danger of injury or grievous harm.

(7) Speeding. The operation of a vehicle in excess of posted speed limits.

(8) Other violations. Such other actual violations of these regulations or city, county, or state laws or ordinances.

(9) Impoundment. Violations that create a hazardous condition, impede traffic or otherwise interfere with the operation of a college facility may result in the immediate impoundment (removal) of the vehicle.

[Statutory Authority: RCW 28B.50.140. 97-19-026, 132P-116-250, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-250, filed 8/27/80.]


AMENDATORY SECTION(Amending WSR 97-19-026, filed 9/8/97, effective 10/9/97)

WAC 132P-116-260   Fines and penalties.   (1) Fines will be levied for violations of the rules and regulations contained in this chapter.

(2) In addition to fines imposed under these regulations, vehicles violating these regulations may be impounded. Impounded vehicles will be taken to a place for storage as designated by the administration. The expenses of such ((impoundings)) impoundment and storage of the vehicle shall be the responsibility of the registered owner or driver of the vehicle. The college shall not be liable for loss or damage of any kind resulting from such impounding and storage.

(3) An accumulation of traffic violations by a student shall be cause for disciplinary action as stated in WAC 132P-116-110 and in subsection (7) of this section.

(4) An accumulation of traffic violations by faculty and staff shall be cause for disciplinary action as stated in WAC 132P-116-100 and subsection (8) of this section.

(5) Parking and traffic violations will be processed by the college. Parking fines are to be paid at the college's cashier counter during business hours.

(6) A schedule of fines shall be reviewed annually by the director of ((facilities)) facility operations and the vice-president of administrative services or their designee. This schedule shall be a supplement to the parking and traffic rules and regulations and attached and printed on all college citation forms.

(7) In the event a ((student)) registered owner of a vehicle fails or refuses to pay a fine, the following may result:

(a) ((The student shall not be eligible to register for any further courses.

(b) The student shall not be able to obtain a transcript of his or her grades or credits.

(c))) The fine will be referred to a collection agency and additional fees may be added.

(b) The ((student)) registered owner of the vehicle may be denied future parking privileges.

(8) ((In the event that faculty or staff fails to pay a fine, they may have their parking privileges on campus revoked.

(9))) In the event ((that)) a ((faculty member, staff member or student)) registered owner of the vehicle has multiple unpaid fines, the vehicle may be impounded or immobilized.

[Statutory Authority: RCW 28B.50.140. 97-19-026, 132P-116-260, filed 9/8/97, effective 10/9/97. Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-260, filed 8/27/80.]


AMENDATORY SECTION(Amending WSR 97-19-026, filed 9/8/97, effective 10/9/97)

WAC 132P-116-300   Parking/traffic appeals board.   The parking/traffic appeals board shall be appointed by the ((director of facilities operations)) campus security sergeant. The board shall include a minimum representation of one student, one faculty, and one classified staff. The board shall meet on a regular basis at such times as the ((director of facilities operations)) campus security sergeant shall designate. The board shall hear appeals of citations issued pursuant to these regulations and render a written decision within twenty business days of the hearing. The board's decision shall be final.

[Statutory Authority: RCW 28B.50.140. 97-19-026, 132P-116-300, filed 9/8/97, effective 10/9/97.]

Washington State Code Reviser's Office