WSR 11-23-162

PERMANENT RULES

COMMUNITY COLLEGES

OF SPOKANE

[ Filed November 22, 2011, 10:32 a.m. , effective December 23, 2011 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: In fall 2009, the chancellor called for the creation of a Community Colleges of Spokane (CCS) parking services taskforce. It had been many years since CCS had done a comprehensive review of parking services. Members of the taskforce worked diligently over the course of two academic years to examine various issues and bring forward recommendations for improvements. This rule incorporates the updates and changes recommended by the taskforce.

Citation of Existing Rules Affected by this Order: Amending WAC 132Q-20-005, 132Q-20-010, 132Q-20-030, 132Q-20-040, 132Q-20-050, 132Q-20-060, 132Q-20-070, 132Q-20-090, 132Q-20-100, 132Q-20-110, 132Q-20-130, 132Q-20-140, 132Q-20-150, 132Q-20-210, 132Q-20-230, 132Q-20-240, 132Q-20-250, 132Q-20-260, and 132Q-20-265.

Statutory Authority for Adoption: RCW 28B.50.140.

Adopted under notice filed as WSR 11-14-090 on July 1, 2011.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 19, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 19, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: November 15, 2011.

Anne Tucker

Public Information Officer

and Rules Coordinator

OTS-4058.3

Chapter 132Q-20 WAC

((FACULTY AND STUDENT)) TRAFFIC RULES AND REGULATIONS


AMENDATORY SECTION(Amending WSR 03-18-021, filed 8/25/03, effective 9/25/03)

WAC 132Q-20-005   Definitions.   As used in this chapter the following words and phrases shall mean:

(1) Annual permits -- Permits, which are valid for fall through summer quarters.

(2) Appropriate vice-president -- The chief administrative officer over student services regardless of current position title.

(3) Board -- The board of trustees of Washington State Community College District 17, also known as Community Colleges of Spokane (CCS).

(4) Campus -- Any or all real property owned, leased, operated or maintained by Community Colleges of Spokane.

(5) Campus ((patrol)) safety -- ((An employee of the college, Administration of)) College security officers, criminal justice, work-study students ((or)), contracted security personnel, or employees, who are responsible to the appropriate vice-president or designee for campus ((security)) safety.

(6) College -- Any community college or separate instructional unit which may be created by the board of trustees of Community Colleges of Spokane.

(7) ((College personnel -- Any person employed or representing on a full- or part-time basis Community Colleges of Spokane.

(8))) Community Colleges of Spokane (CCS) -- Spokane Community College, Spokane Falls Community College, Institute for Extended Learning and the District Office.

(((9))) (8) CCS Facilities are facilities owned by CCS or the CCS Foundation.

(9) Employee -- Any person employed or representing Community Colleges of Spokane on a full- or part-time basis.

(10) Invited guest permits -- Permits which are valid for an individual invited to campus by a department for a specific period designated on the permit.

(11) Quarterly permits -- Permits valid for a specified academic quarter.

(((10))) (12) Special permits -- Permits issued under special circumstances such as (("D" permit which is a quarterly disabled parking permit issued by disability support services;)) carpool permits, issued to ((college personnel)) employees who participate in commuter trip reduction; and honorary permits which are issued to Community Colleges of Spokane ((personnel)) employees upon retirement.

(((11))) (13) Student -- Any person who is or has officially registered at any college or instructional unit with the Community Colleges of Spokane and with respect to whom the college maintains education records or personally identifiable information.

(((12) Temporary guest permits -- Permits, which are valid for a specific period designated on the permit.

(13))) (14) Vehicle -- An automobile, truck, motorcycle, scooter, or any vehicle ((empowered)) powered by a motor.

(((14))) (15) Vendors -- Persons contracted to provide services to CCS.

(16) Visitors -- Any person ((or persons)), excluding students ((as previously defined, who come upon the campus as guests and person or persons)), employees, vendors and invited guests who lawfully visit the campus for purposes, which are in keeping with the colleges' role as institutions of higher learning in the state of Washington.

[Statutory Authority: RCW 28B.50.140. 03-18-021, 132Q-20-005, filed 8/25/03, effective 9/25/03.]


AMENDATORY SECTION(Amending WSR 03-18-021, filed 8/25/03, effective 9/25/03)

WAC 132Q-20-010   Purpose and jurisdiction for adopting rules.   Pursuant to the authority granted by RCW 28B.50.140(10), the board of trustees of Community Colleges of Spokane is granted authority to make rules and regulations for pedestrian and vehicular traffic on property owned, operated or maintained by the college district. The rules and regulations contained in this chapter pertain to all students, ((college personnel)) employees, vendors, invited guests, and visitors who use district facilities unless exempted by the chancellor((/CEO)) of the district and are established for the following purposes:

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

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

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

(4) To facilitate the work of the community colleges.

[Statutory Authority: RCW 28B.50.140. 03-18-021, 132Q-20-010, filed 8/25/03, effective 9/25/03; 00-14-007, 132Q-20-010, filed 6/26/00, effective 7/27/00; 87-16-010 (Resolution No. 27), 132Q-20-010, filed 7/23/87; Order 71-4, 132Q-20-010, filed 7/26/71.]


AMENDATORY SECTION(Amending Resolution No. 27, filed 7/23/87)

WAC 132Q-20-030   Applicable traffic rules and regulations.   The other traffic rules and regulations which may also be applicable upon the campuses are as follows:

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

(2) The ((Spokane)) appropriate municipal code.

[Statutory Authority: RCW 28B.50.140. 87-16-010 (Resolution No. 27), 132Q-20-030, filed 7/23/87; Order 71-4, 132Q-20-030, filed 7/26/71.]


AMENDATORY SECTION(Amending WSR 03-18-021, filed 8/25/03, effective 9/25/03)

WAC 132Q-20-040   Permits required for vehicles on campus.   ((Students, college personnel, guests and visitors)) Vehicles shall not ((stop, park, or leave a vehicle whether attended or unattended upon the campus)) park at CCS facilities without a valid parking permit issued pursuant to WAC 132Q-20-050, ((except guests and visitors who will be given a reasonable time to secure a temporary permit from the appropriate vice-president or designee. All students who plan to park on campus and are attending educational programs on campus that meet ten or more times per quarter are required to purchase a valid quarterly permit)) unless parked in a metered space. Failure to obtain a permit may be grounds for disciplinary action. The fees for the parking permits shall be established by the board of trustees of Community Colleges of Spokane and shall be published. ((Anyone parking on campus less than ten times per quarter shall obtain temporary guest permit(s).)) Students parking at CCS facilities off the main campuses of SCC and SFCC are not required to have a parking permit.

[Statutory Authority: RCW 28B.50.140. 03-18-021, 132Q-20-040, filed 8/25/03, effective 9/25/03; 00-14-007, 132Q-20-040, filed 6/26/00, effective 7/27/00; 92-14-036, 132Q-20-040, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), 132Q-20-040, filed 7/23/87; Order 73-4, 132Q-20-040, filed 2/23/73; Order 71-4, 132Q-20-040, filed 7/26/71.]


AMENDATORY SECTION(Amending WSR 03-18-021, filed 8/25/03, effective 9/25/03)

WAC 132Q-20-050   Authorization for issuance of permits.   The colleges are authorized to issue parking permits to students, ((college personnel)) employees, invited guests, vendors, and visitors of the college pursuant to regulations and the payment of appropriate fees as determined by the board of trustees of Community Colleges of Spokane.

Employees, students, and visitors may obtain permits from the cashier's office. Invited guests and vendors may obtain permits from the sponsoring department.

[Statutory Authority: RCW 28B.50.140. 03-18-021, 132Q-20-050, filed 8/25/03, effective 9/25/03; 87-16-010 (Resolution No. 27), 132Q-20-050, filed 7/23/87; Order 71-4, 132Q-20-050, filed 7/26/71.]


AMENDATORY SECTION(Amending WSR 03-18-021, filed 8/25/03, effective 9/25/03)

WAC 132Q-20-060   Valid permit.   A valid (([CCS])) CCS parking permit is:

(1) An unexpired student or employee parking permit registered and properly displayed; or

(2) A visitor or special parking permit authorized by the appropriate vice-president or designee, and properly displayed; or

(3) ((A temporary)) An invited guest or vendor parking permit issued by the sponsoring department and authorized by the appropriate vice-president or designee, and properly displayed.

[Statutory Authority: RCW 28B.50.140. 03-18-021, 132Q-20-060, filed 8/25/03, effective 9/25/03; 00-14-007, 132Q-20-060, filed 6/26/00, effective 7/27/00; 92-14-036, 132Q-20-060, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), 132Q-20-060, filed 7/23/87; Order 74-1, 132Q-20-060, filed 9/23/74; Order 71-4, 132Q-20-060, filed 7/26/71.]


AMENDATORY SECTION(Amending WSR 03-18-021, filed 8/25/03, effective 9/25/03)

WAC 132Q-20-070   Display of permit.   All CCS ((permanent and temporary)) parking permits shall be ((hung)) displayed on the rear view mirror or in such a manner that they may be viewed through the front windshield. For motorcycles, permits must be placed on the front fork area of the vehicle.

(1) Expired permits should be removed before new permits are attached.

(2) Permits not displayed pursuant to the provisions of this section ((shall)) are not ((be)) valid.

[Statutory Authority: RCW 28B.50.140. 03-18-021, 132Q-20-070, filed 8/25/03, effective 9/25/03; 87-16-010 (Resolution No. 27), 132Q-20-070, filed 7/23/87; Order 74-1, 132Q-20-070, filed 9/23/74; Order 71-4, 132Q-20-070, filed 7/26/71.]


AMENDATORY SECTION(Amending WSR 03-18-021, filed 8/25/03, effective 9/25/03)

WAC 132Q-20-090   Permit revocation.   Parking permits are the property of ((the college)) CCS and may be recalled by the appropriate vice-president or designee for any of the following reasons:

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

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

(3) Falsification on a parking permit application; or

(4) Continued violations of parking regulations; or

(5) Counterfeiting or altering a parking permit.

[Statutory Authority: RCW 28B.50.140. 03-18-021, 132Q-20-090, filed 8/25/03, effective 9/25/03; 00-14-007, 132Q-20-090, filed 6/26/00, effective 7/27/00; 92-14-036, 132Q-20-090, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), 132Q-20-090, filed 7/23/87; Order 71-4, 132Q-20-090, filed 7/26/71.]


AMENDATORY SECTION(Amending Order 71-4, filed 7/26/71)

WAC 132Q-20-100   Right to refuse permit.   ((The colleges)) CCS reserves the right to refuse the issuance of a parking permit to anyone who has had a previous parking permit revoked.

[Order 71-4, 132Q-20-100, filed 7/26/71.]


AMENDATORY SECTION(Amending WSR 03-18-021, filed 8/25/03, effective 9/25/03)

WAC 132Q-20-110   Right to appeal permit revocation/refusal. ((.))   When a student parking permit has been recalled pursuant to WAC 132Q-20-090, or has been refused in accordance with WAC 132Q-20-100, or when a fine or penalty has been levied against a violator of the rules ((and regulations)) set forth in this chapter, such action by the appropriate vice-president or designee, may be appealed pursuant to WAC 132Q-108-050((; faculty, administrators, and college personnel)). Employees of Community Colleges of Spokane shall appeal permit revocations, refusals to grant permits, and fines or penalties levied for violations ((by)) to the appropriate vice-president ((to the respective college president)) whose decision on the matter ((shall be)) is final.

[Statutory Authority: RCW 28B.50.140. 03-18-021, 132Q-20-110, filed 8/25/03, effective 9/25/03; 00-14-007, 132Q-20-110, filed 6/26/00, effective 7/27/00; 92-14-036, 132Q-20-110, filed 6/24/92, effective 7/25/92; 90-21-021, 132Q-20-110, filed 10/8/90, effective 11/8/90; 87-16-010 (Resolution No. 27), 132Q-20-110, filed 7/23/87; Order 73-4, 132Q-20-110, filed 2/23/73; Order 71-4, 132Q-20-110, filed 7/26/71.]


AMENDATORY SECTION(Amending WSR 03-18-021, filed 8/25/03, effective 9/25/03)

WAC 132Q-20-130   Designation of parking spaces.   The parking spaces available on campus shall be designated and allocated by the appropriate vice-president or designee, in such a manner that best achieves the objectives of the rules ((and regulations)) in this chapter.

(1) Faculty staff, student, and visitor spaces ((will be)) are designated for their use; and

(2) Parking spaces for the exclusive use by persons of disability ((will be)) are designated((. The appropriate vice-president or designee may issue special permits to students and others to park in these designated spaces));

(3) A CCS parking permit along with an official state disabled parking permit allows the permit holder to park in any designated employee or disabled parking space ((as listed above; and));

(4) Other special use spaces may be designated; and

(5) Parking at metered parking requires payment.

[Statutory Authority: RCW 28B.50.140. 03-18-021, 132Q-20-130, filed 8/25/03, effective 9/25/03; 00-14-007, 132Q-20-130, filed 6/26/00, effective 7/27/00; 92-14-036, 132Q-20-130, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), 132Q-20-130, filed 7/23/87; Order 71-4, 132Q-20-130, filed 7/26/71.]


AMENDATORY SECTION(Amending WSR 03-18-021, filed 8/25/03, effective 9/25/03)

WAC 132Q-20-140   Parking within designated spaces.   (1) All vehicles shall follow traffic arrows and other markings established for the purpose of directing traffic on campus.

(2) In areas marked for diagonal parking, vehicles shall be parked at a forty-five degree angle, facing in.

(3) In areas marked for parallel or right-angle parking, space or stall markings will be observed.

(4) No vehicle shall be parked so as to occupy any portion of more than one parking space or stall as designated within the parking area. The fact that other vehicles may have been so parked as to require the vehicle parked to occupy a portion of more than one space or stall shall not constitute an excuse for a violation of this section.

(5) No vehicle shall be parked ((on the campus)) except in those areas set aside and designated pursuant to WAC 132Q-20-130.

[Statutory Authority: RCW 28B.50.140. 03-18-021, 132Q-20-140, filed 8/25/03, effective 9/25/03; Order 71-4, 132Q-20-140, filed 7/26/71.]


AMENDATORY SECTION(Amending WSR 03-18-021, filed 8/25/03, effective 9/25/03)

WAC 132Q-20-150   Parking hours.   Parking ((is permitted on campus)) permits are required to park at CCS facilities between the hours of 6:30 a.m. ((to 11:00)) and 5:00 p.m. ((for college personnel, and students)) Monday through Friday. The rules and regulations pertaining to the use of certain parking permits in specific areas are contained in WAC ((132Q-20-[130])) 132Q-20-130. Students and ((college personnel)) employees may park in any of the spaces or stalls designated in WAC 132Q-20-140 except visitor's areas on a first-come, first-served basis ((between the hours of 5:00 p.m. and 11:00)) after 3:30 p.m. Custodial and ((other)) authorized ((personnel)) employees may park on campus from 10:00 p.m. to 6:30 a.m., and are ((still)) required to follow regular parking regulations and obtain parking permits.

[Statutory Authority: RCW 28B.50.140. 03-18-021, 132Q-20-150, filed 8/25/03, effective 9/25/03; 00-14-007, 132Q-20-150, filed 6/26/00, effective 7/27/00; 87-16-010 (Resolution No. 27), 132Q-20-150, filed 7/23/87; Order 71-4, 132Q-20-150, filed 7/26/71.]


AMENDATORY SECTION(Amending WSR 03-18-021, filed 8/25/03, effective 9/25/03)

WAC 132Q-20-210   Two-wheeled motor bikes or bicycles.   (1) All two-wheeled vehicles ((empowered)) powered by a motor shall park in a space designated for motorcycles only.

(2) ((No vehicle shall be driven or ridden on the sidewalks on campus at any time unless authorized by the appropriate vice-president or designee. No)) Only vehicles authorized by the appropriate vice-president or designee may be driven or ridden on campus sidewalks.

(3) Skateboards ((or)) and roller blades/skates ((shall be allowed)) are not permitted on campus.

[Statutory Authority: RCW 28B.50.140. 03-18-021, 132Q-20-210, filed 8/25/03, effective 9/25/03; 00-14-007, 132Q-20-210, filed 6/26/00, effective 7/27/00; 92-14-036, 132Q-20-210, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), 132Q-20-210, filed 7/23/87; Order 71-4, 132Q-20-210, filed 7/26/71.]


AMENDATORY SECTION(Amending WSR 03-18-021, filed 8/25/03, effective 9/25/03)

WAC 132Q-20-230   Exceptions from traffic and parking restrictions.   These rules ((and regulations)) shall not apply to city-, county-, state- or federally owned emergency vehicles.

[Statutory Authority: RCW 28B.50.140. 03-18-021, 132Q-20-230, filed 8/25/03, effective 9/25/03; 87-16-010 (Resolution No. 27), 132Q-20-230, filed 7/23/87; Order 71-4, 132Q-20-230, filed 7/26/71.]


AMENDATORY SECTION(Amending WSR 03-18-021, filed 8/25/03, effective 9/25/03)

WAC 132Q-20-240   Enforcement.   (1) Enforcement of the parking rules ((and regulations will begin the first day of fall quarter and will continue until the start of the following fall quarter)) is continuous throughout the year.

(2) The appropriate vice-president or designee shall be responsible for the enforcement of the rules ((and regulations)) contained in this chapter.

[Statutory Authority: RCW 28B.50.140. 03-18-021, 132Q-20-240, filed 8/25/03, effective 9/25/03; 00-14-007, 132Q-20-240, filed 6/26/00, effective 7/27/00; 92-14-036, 132Q-20-240, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), 132Q-20-240, filed 7/23/87; Order 72-5, 132Q-20-240, filed 10/9/72; Order 71-4, 132Q-20-240, filed 7/26/71.]


AMENDATORY SECTION(Amending WSR 03-18-021, filed 8/25/03, effective 9/25/03)

WAC 132Q-20-250   Issuance of traffic citations.   Upon violation of any rules ((and/or regulations)) contained in this chapter, the ((appropriate vice-president or designee,)) campus safety office may issue ((a)) traffic citations setting forth the date, approximate time, permit number, license information, infraction, officer, and schedule of fines. Traffic citations may be served by attaching or affixing a copy in a prominent place outside the vehicle or by personally serving the operator/owner and by direct entry into the violator's "Customer Account(([.]))."

[Statutory Authority: RCW 28B.50.140. 03-18-021, 132Q-20-250, filed 8/25/03, effective 9/25/03; 00-14-007, 132Q-20-250, filed 6/26/00, effective 7/27/00; 92-14-036, 132Q-20-250, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), 132Q-20-250, filed 7/23/87; Order 71-4, 132Q-20-250, filed 7/26/71.]


AMENDATORY SECTION(Amending WSR 03-18-021, filed 8/25/03, effective 9/25/03)

WAC 132Q-20-260   Fines and penalties ((for students)) violations.   (1) Fines ((will)) may be levied by the appropriate vice-president or designee for all violations of the ((regulations)) rules contained in this chapter. A current schedule of fines is available from the ((security)) campus safety office.

(2) ((Students)) Violators have the right to due process and may appeal ((a decision of the appropriate vice-president or designee to the college president or chief administrator of a recognized instructional unit)) to the college parking appeals board created in WAC 132Q-20-265, whose decision ((shall be)) is final.

(3) Vehicles parked on any campus in violation of any of the ((regulations)) rules contained in this chapter, may be impounded or detained by use of mechanical devices at the discretion of the ((appropriate vice-president or designee)) campus safety office. If a vehicle is impounded, it may be taken to such place for storage as the appropriate vice-president or designee selects. The expenses of such impounding and storage shall be the sole responsibility of the owner or operator of the vehicle. CCS shall not be liable for loss or damage of any kind resulting from such impounding and storage.

(4) At the discretion of the appropriate vice-president or designee, an accumulation of traffic violations by a student ((will)) may be cause for disciplinary action, pursuant to ((WAC 132Q-02-270.

(5) The duly elected associated student government officers of CCS recommend a proposed schedule of fines prior to adoption of a new fine schedule.

(6))) chapter 132Q-30 WAC. In the case of students, failure to pay fines shall be grounds for the college, in addition to disciplinary action, to deny admission to CCS, registration, official transcripts, graduation or other administrative action. Failure to pay fines may result in the refusal to issue a permit.

(5) For students and employees, refusal to pay a fine still existing after exhaustion of the appellate process shall be grounds for disciplinary action. ((In the case of students, failure to pay fines shall be grounds for the college, in addition to disciplinary action, to deny admission to CCS, registration, official transcripts, graduation or other administrative action. Failure to pay fines could result in the denial of issuing a permit.))

[Statutory Authority: RCW 28B.50.140. 03-18-021, 132Q-20-260, filed 8/25/03, effective 9/25/03; 00-14-007, 132Q-20-260, filed 6/26/00, effective 7/27/00; 92-14-036, 132Q-20-260, filed 6/24/92, effective 7/25/92; 87-16-010 (Resolution No. 27), 132Q-20-260, filed 7/23/87; Order 72-2, 132Q-20-260, filed 2/7/72; Order 71-4, 132Q-20-260, filed 7/26/71.]


AMENDATORY SECTION(Amending WSR 03-18-021, filed 8/25/03, effective 9/25/03)

WAC 132Q-20-265   ((Fines and penalties for all district employees.)) Appeals.   (((1) Fines levied for all violations are subject to payment to CCS in accordance with the established fine schedule.

(2) Faculty and other district employees have the right of due process and may appeal a decision of the appropriate vice-president or designee to the college president or chief administrator of a recognized institutional unit whose decision shall be final.

(3) Vehicles parked on any campus in violation of any of the regulations contained in this chapter, may be impounded or detained by use of mechanical devices at the discretion of the appropriate vice-president or designee. If a vehicle is impounded, it may be taken to such a place of storage as the appropriate vice-president or designee selects. The expenses of such impounding and storage shall be the sole responsibility of the owner or operator of the vehicle. CCS shall not be liable for loss or damage of any kind resulting from such impounding and storage.

(4) At the discretion of the appropriate vice-president or designee, an accumulation of traffic violations by college personnel is subject to disciplinary action pursuant to WAC 132Q-02-270.

(5) Refusal to pay a fine still existing after exhaustion of the appellate process shall be grounds for disciplinary action. Failure to pay fines could result in the denial of issuance of a permit, and/or impounding of vehicle.)) (1) Each college shall establish a parking appeals board consisting of no less than three members appointed by the president. The appeals board membership shall be evenly balanced among faculty, students and classified staff. Appeals from IEL sites shall be considered by the SFCC parking appeals board.

(2) The parking appeals boards shall use criteria on which to fairly judge appeals including, but not limited to:

(a) Did an institutional error occur?

(b) Were there extenuating circumstances that caused the error to occur?

(c) Did the person make a good faith effort to comply with the parking rules?

[Statutory Authority: RCW 28B.50.140. 03-18-021, 132Q-20-265, filed 8/25/03, effective 9/25/03; 87-16-010 (Resolution No. 27), 132Q-20-265, filed 7/23/87.]

Washington State Code Reviser's Office