WSR 19-04-105
PROPOSED RULES
WASHINGTON STATE UNIVERSITY
[Filed February 6, 2019, 9:55 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-23-114.
Title of Rule and Other Identifying Information: Chapter 504-14 WAC, Campus parking and traffic regulations for Washington State University Health Sciences Spokane.
Hearing Location(s): On March 20, 2019, at 4:00 p.m., at Lighty 403, Washington State University (WSU) Pullman, Pullman, Washington and SAC 415, WSU Health Sciences Spokane, Spokane, Washington.
Date of Intended Adoption: April 17, 2019.
Submit Written Comments to: Deborah Bartlett, Rules Coordinator, P.O. Box 641225, Pullman, WA 99164-1225, email prf.forms@wsu.edu, fax 509-335-3969, by March 20, 2019.
Assistance for Persons with Disabilities: Contact Joy Faerber, phone 509-335-2005, fax 509-335-3969, email prf.forms@wsu.edu, by March 15, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The university is updating the WSU Health Sciences Spokane (WSUS) campus parking and traffic regulations. The campus name and the title of the chapter are also updated to reflect current university naming conventions.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WSU, public.
Name of Agency Personnel Responsible for Drafting: Stan Lewis, Operations Manager, WSUS Facilities Operations, CCRS 310, Spokane, WA 99210-1495, 509-358-7871; Implementation: Jon Schad, Campus Facilities Executive, WSUS Facilities Operations, CCRS 310, Spokane, WA 99210-1495, 509-358-7991; and Enforcement: Daryll B. DeWald, Chancellor, WSU Health Sciences Spokane, SAC 525, Spokane, WA 99210-1495, 509-358-7521.
A school district fiscal impact statement is not required under RCW
28A.305.135.
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.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW
19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rule content is explicitly and specifically dictated by statute; and rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.
February 6, 2019
Deborah L. Bartlett, Director
Procedures, Records, and Forms
and University Rules Coordinator
Chapter 504-14 WAC
CAMPUS PARKING AND TRAFFIC REGULATIONS FOR WASHINGTON STATE UNIVERSITY HEALTH SCIENCES SPOKANE
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-010Authorization.
Pursuant to the authority granted by RCW
28B.30.150,
28B.10.560, and chapter
34.05 RCW, the board of regents of the university adopts this chapter to govern parking and traffic at Washington State University
Health Sciences Spokane, hereinafter referred to as WSUS.
The board of regents may delegate authority to the president or their designee to adopt changes to the parking and traffic rules in this chapter. If adoption authority is delegated to the president or their designee, changes to this chapter are not submitted to the board of regents.AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-020Purposes of regulations.
(1) The purposes of these regulations are to:
(a) Expedite university business and provide maximum safety, order, and access;
(b) Regulate parking, with priority given to:
(i) Services of the campus;
(ii) ((Persons))Individuals who require the use of vehicles in connection with their on-campus work; and
(iii) Staff and students who require the use of private vehicles because of a disability or other approved reason;
(c) Provide and maintain suitable campus parking and transportation systems; and
(d) Provide ((incentive for)) participation in the commute trip reduction program.
(2) The chancellor or designee whose responsibilities include supervision of the parking ((department shall have))office has 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.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-050Emergencies.
The chancellor or designee of the university ((shall have))has the 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))must be limited in duration and scope based on the emergency.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-100Definitions.
The definitions in this section are applicable within the context of this chapter.
(1) Access-control/gate card. A plastic card that provides access to a location, building, or parking area, and/or activates a gate or similar device controlling access to certain parking areas.
(2) Campus. Describes all property owned, leased, and/or controlled by the WSUS campus which is or may hereafter be dedicated mainly to the educational, research, housing, recreational, parking, or other activities of the university.
(((2)))(3) Day. Unless otherwise specified, the term "day" refers to a calendar day.
(((3)))(4) Disability parking. See ((persons))individuals with disability.
(((4)))(5) Disability zone. A parking zone designated for exclusive use by ((persons))individuals with disability and identified with a sign bearing the associated international symbol.
((
(5)))
(6) Electric-assisted bicycle. As defined under RCW 46.04.169.(7) 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)))(8) Holiday. See university holiday.
(((7)))(9) Illegal use of permit. A parking violation in which a parking ticket is issued under the following circumstances:
(a) Use of a parking permit or indicator on a vehicle other than the specified vehicle identified by a license plate number on the permit.
(b) Use of a counterfeit parking permit or indicator.
(c) Use of a parking permit or indicator obtained under false pretenses.
(d) Use of a modified parking permit or indicator.
(e) Use and/or retention of a parking permit or indicator by ((person(s)))individual(s) ineligible, or no longer eligible, for such permit as described and authorized in this chapter.
(((8)))(10) Impound. To take and hold a vehicle in legal custody by use of a wheel lock and/or towing.
(((9)))(11) Indicator. A decal or hanger displayed adjacent to a parking permit which defines additional parking areas available to a permit holder.
(((10)))(12) Loading zone. A loading dock, or an area signed "loading zone" adjacent to a facility or in a parking area. Such an area is intended for loading and unloading bulky or voluminous material. Loading zones are restricted at all times unless signed otherwise.
(((11) Moped. Any two-wheeled or three-wheeled motor vehicle with an engine displacement of 50cc or less.
(12) Motorcycle. Any two-wheeled or three-wheeled motor vehicle with an engine displacement greater than 50cc.
))
(13) Moped. As defined under RCW 46.04.304.(14) Motorcycle. As defined under RCW 46.04.330. (15) Motorized foot scooter. As defined under RCW 46.04.336. (16) Motor vehicle. As defined under RCW 46.04.320. Also referred to as "vehicle" in this chapter.
(((14)))(17) 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.
(((15)))(18) Officer. Any parking or campus safety and security official employed by the university who is designated by the parking administrator or chancellor to place and remove wheel locks or to cause vehicles to be towed under this chapter.
(((16)))(19) Owner. The ((person))individual 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 has received actual written notice of the transfer.
(((17)))(20) 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.
(((18)))(21) Parking administrator. The manager in charge of the parking ((department))office or designee.
(((19)))(22) Parking appeals committee. Any ((person or persons))individual or individuals appointed to consider parking violations and the application of fees, fines, and sanctions. Said ((person or persons))individual or individuals are appointed by the ((vice)) chancellor or designee whose responsibilities include supervision of the parking ((department or designee))office.
(((20)))(23) Parking ((department))office. 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 WSUS campus.
(((21)))(24) 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.
(((22)))(25) 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.
(((23)))(26) Parking permit. A vinyl, plastic, paper, or other instrument sanctioned by the parking ((department))office that is displayed from a vehicle and authorizes parking in specified areas. Some parking permits may be purchased online and may be virtual in nature (see definition of virtual permit in subsection (47) of this section) and identified by other means, such as by license plate. Also referred to as "permit" in this chapter.
(((24)))(27) Parking ticket. The first notice of a parking violation which is usually placed in a visible location on a motor vehicle.
(((25)))(28) Pay parking facility. A location where parking is provided, and payment is made on-site via a parking payment device, cashier, or means other than a parking meter.
(29) 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.
(((26) Persons))(30) Individuals with disability. For the purpose of this chapter ((persons))individuals with disability ((shall refer to a person or persons))refers to an individual or individuals with disability or disabilities who qualify for a state-issued ((persons with disability))individual with disabilities parking identification and permit.
(((27)))(31) Resident priority zone. A parking area close to a residence hall that is typically limited to use by residence hall students.
(32) Residence hall student. A student with a current, valid residence hall contract, who lives in a residence hall.
(33) Residence hall. Residence hall units (dormitories) that are owned by the university but are not included as university-owned housing apartments. Occupants of residence halls are considered residence hall students and are eligible for parking permits in resident priority zones.
(34) Service vehicle. A vehicle used to provide a service for WSUS or a tenant or contractor of WSUS (e.g., a university-owned vehicle or a privately owned vehicle with a valid service vehicle authorization displayed).
(((28)))(35) Service zone. Parking spaces or area designated for the use of 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 service indicator issued for an extended time. Service zones are restricted at all times unless signed otherwise.
(((29)))(36) Staff. For the purposes of these regulations, "staff" includes all nonstudent employees of the university and the nonstudent employees of other 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 to be students for the purpose of these rules.
(((30)))(37) Standing. "Standing" is the stopping of a vehicle with the driver remaining in it.
(((31)))(38) Storage of a vehicle. Impounded vehicles are held in storage until released. During such time they are subject to storage fees.
(((32)))(39) Student. The term student includes all ((persons))individuals 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 class.
(((33)))(40) Summer session. The summer session includes all summer sessions beginning on the first day of the earliest session, and ending on the last day of the latest session.
(((34)))(41) University. Refers to Washington State University Health Sciences Spokane or WSUS.
(((35)))(42) University holiday. A day regarded by the university as an official university holiday.
(((36)))(43) 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.
(44) Unpaid. A full or partial outstanding balance due. This definition includes parking tickets which are pending appeal.
(((37)))(45) 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 WSUS typically are open during this time.
(((38)))(46) Vehicle storage. Vehicle storage means the parking or leaving of any vehicle for a period of more than twenty-four consecutive hours.
(47) Virtual permit. A virtual permit is authorization given at the time of vehicle registration with the parking office, allowing the registered vehicle to park in a designated lot, zone, or space. The virtual permit is associated to the vehicle license plate number and is used to identify the parking authorization.
(48) Visitors. ((Persons))Individuals who are not staff or students and who only visit the campus on an occasional basis.
(((39)))(49) Wheel lock. A device used to temporarily immobilize a motor vehicle. Wheel locked vehicles are considered to be impounded in place and subject to storage fees.
(((40)))(50) Wheel lock-eligible list. The current list of wheel lock-eligible vehicles as maintained by the parking ((department))office. 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.
(((41)))(51) 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.
(52) WSU disability permit. WSU-issued zone permit displayed with a valid state-issued disability placard or disability license plate.
(53) WSUS. Washington State University Health Sciences Spokane.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-200Enforcement authority.
The parking ((department))office staff and the ((public)) safety and security officers are charged with the impartial enforcement of these regulations((. Officers of these departments))and have authority to issue parking tickets, to impound vehicles, and to control access to areas.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-210Times 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 all hours of the day. These hours are posted in each parking area at the entrance.
(2) Restricted spaces. These spaces are restricted for their designated purpose at all times unless signed otherwise:
(a) Disability zones.
(b) Load/unload.
(c) Service.
(d) Reserved.
(e) Reserved (bagged) parking meters.
(f) 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 thirty-minute meter allows a maximum of thirty minutes to be purchased at one time). A motor vehicle which is parked at an expired parking 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) Pay parking facilities. Some parking areas 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 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.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-220Signed and marked areas.
(1) Parking on campus is ((permitted))allowed only in the marked and/or signed spaces in parking facilities. All other areas outside these designated areas are "no parking zones." Each parking facility has signs or markings to indicate the type of permit or 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))does not constitute an excuse for a violation of this regulation.
(3) Should there be a conflict between these regulations, map designation, and on-site signs regarding parking instructions, the on-site sign takes precedence.
(4) Permit areas and restricted spaces are not always signed individually.
(5) Standing (the stopping of a vehicle with the driver remaining in it) is ((permitted))allowed 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))allowed.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-250Motorcycles and mopeds.
(1) The general traffic regulations applicable to motor vehicles apply to motorcycles and mopeds. Motorcycles or mopeds may not be driven on sidewalks or in pedestrian mall areas. Owners of motorcycles and mopeds are responsible for all violations issued.
(2) The university classifies mopeds and motorcycles ((
by engine displacement (also referred to as engine size). This definition applies only to university property and does not replace or supersede))
in accordance with the definitions established by the state of Washington for licensing purposes.
See RCW 46.04.304 and 46.04.330.(3) Mopeds. Mopeds may park in any parking area with a valid parking permit or at any bicycle rack unless the rack is signed to exclude mopeds.
(4) Motorcycles. Motorcycles must display a valid university parking permit at all times.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-300Financial responsibility for parking tickets.
(1) Each registered parking permit holder ((shall be))is financially responsible for parking tickets on vehicles:
(a) Registered with the parking ((department))office; and/or
(b) Displaying the registered parking permit holder's permit.
(2) Owners of vehicles are ((held)) ultimately held financially responsible for parking tickets issued to their vehicle.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-350Use of areas for emergency, maintenance, events, construction, or special needs.
WSUS reserves the right to close and/or restrict access to any campus parking area, roadway, and/or sidewalk at any time it is deemed necessary for maintenance, safety, events, construction, or to meet special needs. The parking ((department))office provides notice to users when possible.
Public safety, safety and security, and maintenance personnel performing official duties may deviate from these regulations as required to conduct emergency procedures.
WAC 504-14-370Vehicle storage.
The storage of vehicles, including motorcycles and mopeds, is prohibited on campus unless otherwise authorized by the parking office.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-410Issuance, use, and term of parking permits.
Parking permits are issued by the parking ((department))office for available areas upon application and payment of the appropriate fees. The applicant 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.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-420Withholding of fines and fees.
All parking permit applications ((shall))must 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.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-440Transfer of parking permit.
A parking permit is generally not transferable, but exceptions can be made by parking operations as follows:
(1) ((A person))An individual relinquishing ownership and the eligible purchaser appear in person at the parking ((department))office when requesting such a transfer;
(2) The former owner relinquishes all ownership or claim to the permit and pays all outstanding fines; and
(3) The new owner completes a new application form for the permit.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-450Replacement parking permits and indicators.
(1) Sold or traded vehicles. Failure to advise the parking ((department))office of a sale or trade for registration purposes may result in continued responsibility to the permit holder for parking tickets received on 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 ((department))office to receive a free replacement. ((Persons))Individuals failing to comply with this requirement ((shall))must 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 ((department))office immediately upon discovery. A lost or stolen permit may be replaced upon payment to the parking ((department))office of the cost of replacing the permit, according to a schedule adopted by the parking ((department))office. Lost or stolen permits must be returned to the parking ((department))office immediately if recovered.
(3) Access-control/gate card replacement. A lost, stolen, or damaged access-control/gate card is replaced upon payment to the parking office of the cost of replacing the access-control/gate card, according to a schedule adopted by the parking office.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-460False information.
No ((person shall))individual may obtain, attempt to obtain, or use in a manner contrary to these regulations, a modified or counterfeit parking permit or a permit issued upon false information. A violation of this section includes giving a false name, address, and/or other information known to be false. It also includes the use of a visitor, conference, and commercial permit by staff or students. Violation of this provision ((shall)) constitutes the illegal use of a parking permit and is subject to issuance of a parking ticket.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-510Parking permits—General.
(1) The university issues parking permits for designated areas of the campus. Any vehicle parked on the campus must clearly display a valid university parking permit in accordance with this chapter during the posted hours when and where permits are required. University staff and students may not use any other permit in lieu of a valid university parking permit.
(2) Inoperable vehicles. It is the owner's responsibility to immediately contact the parking office or campus safety and security in the event that the owner's vehicle becomes inoperable when the vehicle is parked on campus.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-520Parking 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 subject to parking tickets for the violation of improperly displaying a permit.
(1) Autos and trucks((:
(a) Hanging permits, both annual and daily, must be displayed hanging from the rear-view mirror post or placed on the dash of vehicle, driver's side, in a manner permitting visibility from outside at all times.
)). Permits must be displayed as instructed on the permit and/or by the parking office.
(2) Motorcycles must always prominently display a valid permit ((at all times)).
(3) Virtual permits. Certain parking permissions do not require that a permit be displayed. In those instances, the virtual permit is associated with the vehicle license plate registered.
(a) Vehicles must be parked so that the license plate is visible from the driving aisle.
(b) No covers may be placed over the license plate that would inhibit the reflectivity of the plate.
(c) The alphanumeric characters of the license plate must be visible and unobstructed by license plate frames and/or other accessories.
(d) Individuals with virtual permits must ensure their current vehicle is registered and associated with their virtual permit. This process can be accomplished at the parking office.
(e) A virtual permit with multiple registered vehicles on the same virtual permit does not allow for more than one motor vehicle to be parked on campus at the same time.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-540Zone parking permits—Availability and use.
Parking space is not guaranteed. The management and assignment of parking zones is designed to provide a parking space to each permit holder. However, uncontrolled access to parking areas and unexpected parking demand make it impossible to guarantee a parking space in a permit holder's ((assigned))purchased zone. Every effort is made via surveys and limits on permit sales, to ensure that permit holders are not displaced from their ((assigned))purchased zones. ((Staff and students are generally assigned to specific parking areas referred to as zones.)) Parking zones are color-coded with respect to their price ((and numbered with respect to the specific parking zone assignment of each permit holder)). Permit holders ((may))must 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))color-coded zone as described below.
(1) Orange permits. Orange permit holders may park in either orange or green zones.
(2) Green permits. Green permit holders ((may))must park in ((their assigned green zone, or in any yellow or red zone.
(2) Yellow permit. Yellow permit holders may park in their assigned yellow zone, or in any red zone.
))green zones only.
AMENDATORY SECTION(Amending WSR 09-11-069, filed 5/14/09, effective 7/1/09)
WAC 504-14-560Other parking permits—Availability and use.
(1) Visitor permits. Visitor permits may be used only by bona fide visitors as defined by this chapter. Use by any other ((person))individual constitutes illegal use of a parking permit. Visitor permits are valid in any zone and parking spaces signed for visitor permits only. Visitor permits are not valid at meters or restricted spaces.
(2) Permits honored by reciprocal agreement. Permits from other universities, including other WSU campuses, may be used only if detailed in and allowed by a fully executed reciprocal agreement with WSU Health Sciences Spokane.
(3) Golden cougar permits. Golden cougar permits are special visitor permits that are issued to retired staff in recognition of their service without additional cost. They are issued on an annual basis and are valid in any zone. Staff who 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((. Comparable permits from other campus institutions will be honored)).
(((3)))(4) President's associates decals. President's associates decals are issued to eligible members of the Washington State University foundation. Use of these decals for parking ((shall))must be in accordance with a separate agreement between WSU and the WSU foundation. However, university faculty, staff, and students may not use a president's associates decal or any other parking benefit instrument in lieu of a paid zone permit.
(((4) Conference))(5) Event/conference permits. ((Conference))Event/conference permits are available to visitors who participate in events and/or conferences held on the WSUS campus. They are available on a daily basis only. ((Conference))Event/conference permits may be assigned to a specific zone.
(((5)))(6) 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, semester, quarter, or daily basis and ((are))may be assigned to a specific parking area.
(((6)))(7) Carpool. Upon application, a bona fide carpool as defined by the campus policies and procedures ((is))may be given preference in the assignment of parking zones, and issued a permit that facilitates the carpool. Carpool permits, virtual or otherwise, may not use more than one registered motor vehicle on campus at the same time. Obtaining or using a carpool permit under false pretenses constitutes the illegal use of a permit.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-580Special 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" virtual designation, indicator decal, or hanger is valid typically for a maximum of fifteen minutes in a marked service zone.
(2) A "mall service" virtual designation or indicator 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. Mall service designations or indicators are typically issued on an annual or daily basis upon the approval of the parking administrator or their designee.
(3) A reserved parking virtual designation, indicator decal, or hanger is valid in parking spaces that are signed for the corresponding permit and indicator.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-600Parking permits for ((persons))individuals with disability.
(1) The provisions of this chapter cover the purchase and display of parking permits and payment of fees and fines associated with parking for ((persons))individuals with disability.
(2) For the purpose of this chapter, ((persons))individuals with disability shall refer to ((a person or persons))individuals with disability who qualify for a state-issued ((persons with disability))individual with disabilities parking identification and permit as provided in chapter 308-96B WAC.
(3) ((Persons with disability desiring to purchase a university parking permit must present a valid state-issued persons with disability parking identification.
(4) Unless otherwise authorized or permitted under this chapter, parking in spaces designated for persons with disability requires a valid university parking permit and state-issued persons with disability parking permit to park on campus.
))The university uses the state individual with disabilities parking permit system to determine eligibility for disability parking.
(4) Unless otherwise authorized, parking in spaces designated for individuals with disability requires a WSU disability permit to park on campus.
(5) Individuals with disability desiring to purchase a university parking permit must present a valid state-issued individual with disabilities parking identification.
(6) Individuals with a WSU disability permit may park in an individuals with disability parking space and any other, nonrestricted permit space within a parking permit zone.
(7) Individuals with a WSU disability permit may not park in restricted spaces with the exception of individuals with disability parking spaces.
(8) Unless otherwise posted, any university parking permit which includes a WSU disability permit is not valid in lieu of payment of regular posted fees in pay parking facilities.
(9) A state-issued individual with disabilities license plate, placard, or permit is valid in lieu of a WSU disability permit in parking zones during times when a university permit is not required.
(10) An individual with disability is eligible to purchase ((a))an orange permit at the green permit ((at the red permit)) zone price.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-650Parking 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 are submitted to the president or ((his/her))their designee and to the board of regents for approval by motion; provided, however, that 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 submitted to the board of regents so long as the board of regents has delegated authority to the president or ((his))their designee to approve all such fees and fines. The schedules for all parking fees and fines described above for all parking fees and fines are thereafter posted in the public area of the parking ((department)) office and posted on the university's parking ((department's)) web site.
(2) Payments. Parking fees and fines may be paid at the parking ((department))office by cash, check, approved payment card, or money order. A payroll deduction plan is available for eligible university employees and eligible graduate students.
(3) The proper fee must be paid for all vehicles parking in parking meter spaces unless otherwise authorized.
(4) ((Staff members whose work schedules qualify them for nighttime differential pay may purchase the green zone permit for the red zone permit price.
)) Refunds. Annual physical permits being relinquished ((may))must be returned to the parking ((department))office in person for a pro rata refund (if any is available) in accordance with university policy. Identifiable remnants of ((the))physical permits must be returned. In the case of annual virtual permits, the permit purchaser must notify the parking office in person or in writing that they want to relinquish the permit permissions for a pro rata refund (if any is available) in accordance with university policy. The balance of any fees and fines owed the parking ((department))office is deducted from any available refund due. Refunds for temporary permits are not granted. Refunds for pretax payroll deductions cannot be granted pursuant to federal tax laws.
(((6)))(5) The parking ((department))office 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))office 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 any 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))their 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.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-750Reciprocal parking agreements.
(1) Purpose. The university can enter into reciprocal parking agreements with other universities and Washington State University campuses for the purpose of enhancing the accessibility to various campuses for faculty, staff, and students participating in various courses and programs.
(2) The university faculty, staff, and students assigned to, enrolled at, or who pay fees to the WSUS campus or employees of other entities located on the WSUS campus must legally display and/or possess a valid university parking permit when parking at the university. Any attempt by the above personnel to use a parking permit from another university campus in lieu of a valid WSUS permit may result in a fine for illegal use of a parking permit.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-810Violations, fines, and sanctions.
(1) Violations and fines. Parking violations are processed by the university. Fines must be paid at the parking ((department))office or at other authorized locations by mail, or from the university's parking ((department's)) web site. Schedules for parking violations, fines, and sanctions are posted in the public area of the parking ((department)) office and on the university's parking ((department's)) web site.
(2) Reduction of fines. (((a) The fine for "meter violation" and the fine for "overtime in a timed zone" violations 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.
(b) Visitors. The first violation of notices for "no parking permit" and "no parking permit for this area" issued to a visitor is considered a warning notice upon presentation of the parking ticket to the parking department.
(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.
)) Internal policies regarding disposition of parking tickets may be established on approval of the chancellor or designee whose responsibilities include supervision of the parking ((department, under the advisement of the university's internal auditor))office.
(3) Inoperable vehicles. It is the owner's responsibility to immediately contact the parking ((department))office in the event that the owner's vehicle becomes inoperable when the vehicle is present on campus.
(4) Payment of parking fines.
(a) 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))is added to all unpaid parking fines. For example, a parking ticket issued on May 1st((would be))is assessed a late fee on May 31st.
(b) Failure to pay the fine and fee assessed for any violation results in referral to the university controller's office ((or to a private collection agency)) for internal collection.
(c) Account balances not paid to the university voluntarily may be forwarded to an external collections agency and are subject to additional collection fees of up to fifty percent, attorney's fees, and court costs when necessary.
(d) 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.
(e) 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.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-860Appeal procedures.
The parking ticket represents a determination that a parking violation has been committed and the determination is final unless otherwise provided for or appealed as provided in this chapter.
(1) Purpose. The parking appeals process serves three primary functions:
(a) To hear parking ticket appeals;
(b) To hear appeals of wheel lock eligibility determination; and
(c) To hear appeals of impoundments.
(2) Procedure. Any ((person))individual who has received a parking ticket may appeal the alleged parking violation. Appeal of wheel lock eligibility determinations and impoundments are described in WAC 504-14-865 and 504-14-870.
(3) Written parking ticket appeals. The appeal must be in writing and received at the parking ((department))office within ten calendar days of issuance of the parking ticket. Online forms for this purpose are available from the parking ((department))office. The parking appeals committee makes an initial decision regarding the appeal within twenty calendar days during the academic year and within thirty calendar days during the summer months after receipt of the appeal. The committee provides a brief statement of the reason for its decision to the appellant within ten calendar days of the decision.
(4) Review hearing of initial decision. If the appellant is dissatisfied with the initial decision, the appellant may request a hearing before a hearing officer or the parking appeals committee. Such a request must be made within ten calendar days of the date of the initial parking appeals committee decision. If no such request is received, the initial decision ((shall be))is final. During the hearing the appellant and representatives of the parking ((department))office may present and cross-examine witnesses. The hearing officer or appeals committee ((shall))must render a decision in writing and provide appellant with the decision within ten calendar days after the hearing.
(5) Appeal to district court. RCW
28B.10.560 provides that ((
a person))
an individual who is not satisfied with the final decision of the university may appeal to district court. The application for appeal to district court ((
shall))
must be in writing and must be filed at the parking ((
department)) office within ten calendar days after the date of the review hearing. The parking ((
department))
office forwards the documents relating to the appeal to the district court.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-865General.
(1) Pursuant to the provisions of this chapter, an officer ((shall))must 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; or
(f) Is parked in an area designated to be used for emergencies, maintenance, events, or construction; or
(g) Is otherwise illegally parked based on the executive authority of the parking office or university safety and security.
(3) The driver and/or owner of a towed vehicle ((shall))must 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))is 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 violator and/or owner;
(b) A wheel lock fee; and
(c) All towing and storage fees.
(7) ((A person))An individual wishing to challenge the validity of any fines or fees imposed under this chapter may appeal such fines or fees as provided in WAC 504-14-860. However, in order to secure release of the vehicle, such ((person))individual must pay the amount of such fines or fees as a bond which ((shall be))is 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.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-870Wheel lock-eligible list.
(1) The parking administrator ((shall be))is responsible for creating and maintaining the wheel lock-eligible list. See definition of "wheel lock-eligible vehicle((.))" under WAC 504-14-100(51).
(2) A wheel lock-eligible vehicle ((shall be))is 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))must 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 has actual written notice. The notice is sent by first class United States mail, postage prepaid. The notice ((shall))must 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))must 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 504-14-860.
(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))are 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))must 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))does not have the authority to adjudicate the merits of any parking ticket, ((she or he shall))they must, 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))the administrator must 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))must 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))must 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))is provided by posting on the vehicle a conspicuous notice, which ((shall))must 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))must 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 ((shall))must 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.; except during recognized holidays.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-880Fees, 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))individual 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.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-885Theft, damage, or removal of a wheel lock device.
The following conduct of any ((person shall))individual must be reported to parking ((department))office or university safety and security:
(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.
AMENDATORY SECTION(Amending WSR 08-08-048, filed 3/27/08, effective 7/1/08)
WAC 504-14-920Closed 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 university-issued individuals with disability permits.
AMENDATORY SECTION(Amending WSR 01-18-015, filed 8/24/01, effective 9/24/01)
WAC 504-14-930Bicycles, skateboards, ((in-line skates, and)) scooters, and roller skates.
(1) The riding and use of bicycles, skateboards, ((in-line skates, and)) scooters, and roller skates is prohibited ((from))on all building plazas, ((and))pedestrian overpasses, interior building spaces, parking structures, parking structure ramps, stairways, steps, ledges, benches, planting areas, or any other fixtures, and in any other posted area.
(2) Bicycles, skateboards, ((in-line skates, and)) scooters, and roller skates may be ridden and used on sidewalks outside the prohibited areas when a bike path is not provided. Operators must move at a safe speed and yield to pedestrians at all times.
(3) ((Bicycles, skateboards, in-line skates, and scooters may not be ridden on or over stairways, steps, ledges, benches, planting areas, or any other fixtures, or where there are restricted signs.
))Electric-assisted bicycles must be used in a human propulsion only mode on pedestrian malls and sidewalks.
(4) Motorized foot scooters must be used in a human propulsion only mode on sidewalks.
(5) Operators must move at a safe speed and yield to pedestrians at all times. Reckless or negligent operation of bicycles, skateboards, scooters, and roller skates on any part of campus is prohibited.
(6) Bicyclists must obey all traffic ((rules of the road))laws applying to persons riding bicycles when operating ((a)) bicycles((in))on roadways.
(((5)))(7) Bicycles ((shall))must be secured only at university-provided bicycle racks and bicycle storage facilities designed for such purpose.
(8) Bicycles that are not secured at university-provided bicycle racks or bicycle storage facilities may be impounded at the owner's expense.
(9) Abandoned and inoperable bicycles. Internal policies regarding abandoned and inoperable bicycles, including the impoundment of bicycles at the WSUS campus, may be established upon approval by the chancellor or designee whose responsibilities include supervision of the parking office.
AMENDATORY SECTION(Amending WSR 01-18-015, filed 8/24/01, effective 9/24/01)
WAC 504-14-940Pedestrians.
(1) When traffic control signals are in place at intersections, pedestrians ((shall be))are subject to them.
(2) When traffic control signals are not in place or not in operation at pedestrian crossings, a vehicle must yield the right of way, by slowing down or stopping, when the pedestrian in the crossing is upon the same half of the roadway as the vehicle, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(3) No pedestrian ((shall))may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
(4) Pedestrians who are between adjacent intersections at which traffic control signals are in operation must not cross at any place except in a marked crosswalk.