WSR 19-06-034
PROPOSED RULES
CASCADIA COLLEGE
[Filed March 1, 2019, 8:23 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-24-093.
Title of Rule and Other Identifying Information: Chapter 132Z-116 WAC, Parking and traffic rules of Cascadia College.
Hearing Location(s): On April 24, 2019, at 10:00 a.m. – 12:00 noon, at the North Creek Events Center, 18225 N.E. Campus Way, Bothell, WA 98011. This is located at the University of Washington, Bothell (UWB), and we will be cohosting the hearing with UWB and their update to chapter 478-117 WAC, Parking and traffic rules of the University of Washington, Bothell.
Date of Intended Adoption: May 9, 2019.
Submit Written Comments to: Vicki Newton, Cascadia College, Rules Coordinator, Presidents' Office, 18345 Campus Way N.E., Bothell, WA 98011, email vnewton@cascadia.edu, by April 24, 2019.
Assistance for Persons with Disabilities: Contact Cascadia College, Gordon Dutrisac, director of student advising and support services, phone 425-352-8288, email gdutrisac@cascadia.edu, by April 15, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Cascadia College is updating terminology regarding current modes of transportation and advancement in parking technology (i.e. electric assisted bicycle and virtual permit parking) traveling to/from and through campus. The information in this WAC has also been updated to reflect current practices regarding parking and parking related products, systems, and privileges, parking fees, citations, fines, immobilization and impoundment, and related appeals.
Reasons Supporting Proposal: Cascadia College is amending this WAC to keep the college's parking and transportation information accurate and up-to-date for persons traveling to/from and through campus. The parking and traffic rules are needed to protect and control pedestrian and vehicular traffic on the campus of Cascadia College; to ensure access at all times for emergency vehicles and equipment; to minimize traffic disturbances; to facilitate the operations of the college by ensuring access to its vehicles; to allocate limited parking space for the most efficient use; to protect state property; and to encourage travel to the campus by means other than single occupancy vehicle. This is part of a comprehensive effort to update parking and transportation information across WAC, Cascadia's administrative policy, and web site information.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Cascadia College, governmental.
Name of Agency Personnel Responsible for Drafting: Terence Hsiao, Vice President of Administrative Services, Cascadia College, 18345 Campus Way N.E., Room CC3-338, Bothell, 98011, 425-352-8196; Implementation: Kimberlee Clark, Director of Facilities, and Terence Hsiao, Vice President of Administrative Services, Cascadia College, 18345 Campus Way N.E., Bothell, 98011, 425-352-8196; and Enforcement: Dr. Eric Murray, President, Cascadia College, 18345 Campus Way N.E., Bothell, 98011, 425-352-8252.
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. Cascadia College does not consider this 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 rule content is explicitly and specifically dictated by statute.
March 1, 2019
Vicki Newton
Rules Coordinator
PART I
AUTHORITY, GENERAL INFORMATION, AND DEFINITIONS
AMENDATORY SECTION(Amending WSR 15-07-109, filed 3/18/15, effective 4/18/15)
WAC 132Z-116-010Objectives of parking and traffic rules.
The objectives of these rules are:
(1) To protect and control pedestrian and vehicular traffic on the campus of University of Washington, Bothell and Cascadia College.
(2) To ((assure))ensure access at all times for emergency equipment.
(3) To minimize traffic disturbances.
(4) To facilitate the operation of the institutions by ((assuring))ensuring access to vehicles.
(5) To allocate limited parking space for the most efficient use.
(6) To protect state property.
(7) To encourage and support travel to the campus by means other than single occupancy vehicle.
NEW SECTION
WAC 132Z-116-012Knowledge of parking and traffic rules.
It is the responsibility of all individuals parking or operating a vehicle on the campus to comply with these rules. Lack of knowledge of these rules shall not be grounds for the dismissal of any citation for a violation of the parking or traffic rules.
AMENDATORY SECTION(Amending WSR 15-07-109, filed 3/18/15, effective 4/18/15)
WAC 132Z-116-020Definitions.
The following definitions apply to this chapter:
(((1) Campus: The colocated campus of University of Washington, Bothell and Cascadia College.
(2) College: Cascadia College, and collectively those responsible for its control and operations.
(3) Employee: An employee of the college or the university.
(4) Institutions: The college and the university.
(5) Public safety officers: Employees of the college or the university who are responsible for campus security, safety, and parking and traffic control.
(6) Student: A person enrolled in the college or the university.
(7) University: The University of Washington, Bothell, and collectively those responsible for its control and operations.
(8) Vehicle: An automobile, truck, motorcycle, motorized scooter, or bicycle.
(9) Visitor: A person who is neither an employee nor a student of the college or the university.))(1) Authorized valid payment: Any payment accepted by commuter services, including the online, mobile application, and pay stations.
(2) Bicycle: Any device defined as a bicycle in RCW 46.04.071. (3) Campus: The colocated campus of University of Washington, Bothell and Cascadia College to include those lands and leased facilities where parking is managed or controlled by commuter services.
(4) Campus safety officers: Employees of the college or the university who are responsible for campus security, safety, parking, and traffic control.
(5) Carpool: A group of two or more employees or students who commute to campus in the same vehicle and complete the campus commuter services carpool registration process.
(6) Citation: Formal written notice of a parking violation.
(7) College: Cascadia College, and collectively those responsible for its control and operations.
(8) Commuter services: The campus department that manages and maintains parking facilities, issues parking products, issues citations, processes citation appeals, and collects fees and fines.
(9) Day: Unless otherwise specified, the term "day" refers to a calendar day.
(10) Disability parking: See persons with a disability.
(11) Disability zone/area: A parking zone designated for exclusive use by persons with a disability and identified with a sign bearing the associated international symbol.
(12) Electric assisted bicycle: As defined under RCW 46.04.169. (13) Employee: Any individual hired as or appointed to the faculty, staff, or administration of the college or university.
(14) Fee: A charge for the use of services provided and facilities managed by commuter services.
(15) Fine: Monetary penalty for a parking violation.
(16) Immobilization: The attachment of a device to a parked motor vehicle so that the vehicle cannot be moved.
(17) Impoundment: The removal of the vehicle to a storage facility by an authorized agent of campus safety, commuter services, or an authorized agent of commuter services.
(18) Institutions: The college and the university.
(19) License plate recognition (LPR): Technology that uses optical character recognition to automatically read license plate characters.
(20) Meter: A single fixed device that registers and collects payment for the length of time a vehicle occupies a single parking space. A meter does not produce a receipt, physical permit, or virtual permit. A meter is not a permit issuance machine.
(22) Motorcycle: As defined under RCW 46.04.330. (23) Motor vehicle: As defined under RCW 46.04.320. (24) Nonmotorized vehicle: A device other than a motor vehicle used to transport persons including, but not limited to, bicycles, skateboards, in-line skates, hover boards, personal conveyance devices, and roller skates.
(25) Operator or driver: Every person who drives or is in actual physical control of a motor vehicle or nonmotorized vehicle.
(26) Overtime parking: The occupation by a vehicle of a time-limited space beyond the posted time limit or time provided on a permit, meter, or permit-issuance machine.
(27) Parking product: A product issued by commuter services to manage motorized and nonmotorized access to the campus. Parking products include, but are not limited to, visual permits, virtual permits, access to bicycle lockers and other bicycle parking facilities, and parking access cards.
(28) Parking space: A space for parking one motor vehicle normally designated by lines painted on either side of the space, a wheel stop positioned in the front of the space, a sign or signs, or other markings.
(29) Pay station: A commuter services deployed and managed machine that issues virtual permits.
(30) Permit: A visual permit or virtual permit.
(31) Persons with disability: For the purpose of this chapter, persons with disability shall refer to a person or persons with a disability or disabilities who qualify for a state-issued individual with disabilities parking identification and permit.
(32) Registered owner: The person who has the lawful right of possession of a vehicle most recently recorded with any state department of licensing.
(33) Roller skate/in-line skate: A device used to attach wheels to the foot or feet of a person.
(34) Skateboard: Any oblong board of whatever composition, with a pair of wheels at each end, which may be ridden by a person.
(35) Student: A person enrolled in the college or the university.
(36) Traffic: The movement of motorized vehicles, nonmotorized vehicles and pedestrians in an area or along a street as is defined in RCW 46.04.590. (37) University: The University of Washington, Bothell, and collectively those responsible for its control and operations.
(38) Vehicle: As defined under RCW 46.04.670. (39) Virtual permit: An authorization to park, issued by commuter services, or an authorized agent, that is associated with a vehicle's license plate.
(40) Visitor: A person who is neither an employee nor a student of the university or college and who only visits campus on an occasional basis.
(41) Visual permit: A physical permit issued by campus commuter services that when properly filled out and displayed according to instructions, authorizes a vehicle to park on campus.
AMENDATORY SECTION(Amending WSR 02-11-048, filed 5/9/02, effective 6/9/02)
WAC 132Z-116-030Applicable parking and traffic rules.
The applicable parking and traffic rules upon the campus are:
(1) The motor vehicle and other traffic laws of the state of Washington, Title
46 RCW.
(2) The ((traffic code of the city of Bothell.
(3) The parking and traffic rules in this chapter. If the Washington laws or the Bothell traffic code conflicts with these rules, the Washington laws or the Bothell traffic code shall govern))parking and traffic rules in this chapter and chapter 478-117 WAC.
NEW SECTION
WAC 132Z-116-035Severability—Savings clause.
If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances is not affected.
AMENDATORY SECTION(Amending WSR 02-11-048, filed 5/9/02, effective 6/9/02)
WAC 132Z-116-040Enforcement of parking and traffic rules.
The institutions share responsibility for parking and traffic management on campus. Duly appointed ((public))campus safety officers, designated commuter services employees, or independent contractors hired by the institutions are authorized to enforce these parking and traffic rules and may conduct traffic control on campus.
NEW SECTION
WAC 132Z-116-042Liability of institutions.
Except for vehicles that the institutions own or operate, the institutions assume no liability under any circumstances for vehicles on the campus. No bailment, but only a license, is created by the purchase and/or issuance of a permit.
NEW SECTION
WAC 132Z-116-043General parking regulations.
(1) No person may utilize any vehicle parked on campus as a living unit without specific approval from the campus safety director. Violators may be cited and/or towed.
(2) Vehicles are to be maintained in operating condition at all times while on campus, except those in a garage, research facility, or automotive shop designated for parking such vehicles by the commuter services manager or designee.
(3) A vehicle which appears to be abandoned, with or without a current parking product or license plate(s), may be impounded after an attempt is made to locate and notify the owner of the impending action.
(4) Stopped or parked vehicles must do so in line with the flow of traffic where they are located.
AMENDATORY SECTION(Amending WSR 02-11-048, filed 5/9/02, effective 6/9/02)
WAC 132Z-116-050Permits required for all motorized vehicles parked on campus.
No person shall park((,)) or leave any motor vehicle (((other than bicycles))), whether attended or unattended, upon the campus without a permit issued by the institutions. Permission to park on campus will be shown by the display of a valid visual permit((.
(1) A valid permit is:
(a) A current vehicle permit displayed in accordance with WAC 132Z-116-110. Vehicle permits are valid until revoked.
(b) A temporary permit authorized by the institutions and displayed in accordance with instructions. Temporary permits are valid through the date or time on the permit.
(c) A parking permit issued by a gate attendant and displayed on the vehicle in accordance with instructions.
(d) A parking permit dispensed by machine at the campus and displayed in accordance with instructions.
(2) Parking permits are not transferable, except as provided in WAC 132Z-116-060 and 132Z-116-090.
(3) The college and university reserve the right to refuse to issue parking permits.
(4) This section does not apply to vehicles that the institutions own or operate.
(5) The institutions may allow persons without permits to drive through the campus without parking.
(6) A public safety officer may require visitors to wait at the entrances to the campus when pedestrian or vehicular traffic congestion is above normal.))or registration of a valid virtual permit. Persons wishing to obtain virtual permits are required to complete a registration process established by commuter services and pay the corresponding fee. A vehicle associated with a virtual permit must have a visible license plate.
(1) A valid permit is:
(a) A current unexpired, visual permit issued by commuter services, or an authorized agent designated by commuter services, and displayed in accordance with the instructions given at the time of issuance.
(b) A current unexpired virtual permit issued by commuter services, or an authorized agent, that is associated with a vehicle's license plate.
(i) Vehicles with virtual permits associated with a vehicle's license plate must have the license plate exposed to the lane of travel and be clearly visible, unobstructed, and able to be read by the LPR equipment.
(ii) Parking permits are not transferable, except as provided in WAC 132Z-116-060 and 132Z-116-090.
(2) Commuter services reserves the right to refuse to issue parking products.
(3) The institutions may allow persons without permits to drive through the campus without parking.
(a) This section does not apply to vehicles that the institutions own or operate.
(b) Any vehicle, attended or unattended, must have a valid parking permit when parked on the campus, unless the vehicle is:
(i) Parked in a metered parking space with meter payment;
(ii) Parked in a loading zone in compliance with posted limits;
(iii) Parked in a lot that does not require a permit during specified times as posted;
(iv) Parked in a posted short-term parking space in compliance with posted time limits; or
(v) Public safety or emergency vehicle parked while performing emergency services.
NEW SECTION
WAC 132Z-116-055Overtime parking violations.
After a motor vehicle has been cited for parking beyond the time posted, the vehicle may be cited at a frequency of one additional citation for each period of time equal to the maximum time limit posted for the space.
AMENDATORY SECTION(Amending WSR 02-11-048, filed 5/9/02, effective 6/9/02)
WAC 132Z-116-060Carpool and disability parking permits.
(1) Carpool permits may be issued to employees and students. One transferable permit will be issued by the institutions for each carpool. This permit is transferable only among the registered members of the carpool. This permit must be displayed in accordance with the instructions provided with the permit. A carpool ((is a group of two or more employees or students who commute to the campus in the same vehicle))permit may be used with only one vehicle per day. Members of the campus carpool program must register their carpool with commuter services.
(2) The institutions provide parking for the disabled in accordance with the requirements of federal and state law, including parking spots reserved for persons who display a state of Washington disabled driver permit.
(3) Use of disability accommodation parking on campus requires payment for parking in the form of a campus parking permit issued by commuter services, payment at a pay station, or payment at a parking meter for the designated space to which the vehicle is parked.
AMENDATORY SECTION(Amending WSR 02-11-048, filed 5/9/02, effective 6/9/02)
WAC 132Z-116-090Transfer of ((permits))parking products limited.
(1) As provided herein, a permit holder((s)) may transfer ((one))a permit between motor vehicles when used by ((the))that permit holder. Improper transfer of a permit shall include, but is not limited to, the wrongful sale, the resale, lending, or transfer of a parking product or parking permit other than as provided herein. Multiple motor vehicles may be associated with a virtual permit but only one vehicle associated with a specific virtual permit may be parked on campus per calendar day. If more than one vehicle associated with a virtual permit is parked on campus during the course of a day, all additional vehicles are subject to a parking citation unless each additionally parked vehicle has a separate valid permit.
(2) Permits displaying license plate numbers shall be used only in the vehicles whose license number is written on the permit.
AMENDATORY SECTION(Amending WSR 02-11-048, filed 5/9/02, effective 6/9/02)
WAC 132Z-116-100Responsibility of person to whom ((permit))parking product issued.
(1) The ((person))person(s) to whom a ((permit))parking product is issued is responsible for ((the vehicle upon which the permit is affixed. He or she shall be held responsible for all violations of this chapter charged to that vehicle. However, the operator of a vehicle will not be relieved of responsibility for violating any rule of this chapter simply because he or she is not also the holder of the permit))paying for the product until it expires or is returned to commuter services, unless stated otherwise in these rules. All associated outstanding commuter services related fees and fines must be satisfactorily settled before a parking product may be issued, reissued, or renewed.
(2) When requested, a parking permit holder shall provide commuter services with the current valid license plate number of any vehicle(s) with which they intend to use a parking permit.
(3) Subject to WAC 132Z-116-340, the person(s) to whom a parking product is issued is responsible for any violations of this chapter associated with a vehicle with which the product is used during the time the product is valid and up to the date and time the product expires or is reported lost or stolen.
(4) Commuter services may also require proof of a vehicle registration for certain designated parking products.
AMENDATORY SECTION(Amending WSR 15-07-109, filed 3/18/15, effective 4/18/15)
WAC 132Z-116-110Display of permits.
(1) ((Parking permits shall be displayed by hanging from the rear view mirror, affixed to the front window, or displayed face up on the dashboard of the motor vehicle and shall be fully visible from the exterior of the motor vehicle.
(2) When applicable, the area designator (numeral, letter or combination) shall be affixed to the vehicle permit and shall be fully visible from the exterior of the motor vehicle.))Visual permits shall be prominently displayed in accordance with the instructions printed in the permit and shall be fully visible from the exterior of the vehicle. Virtual permits are associated with a vehicle's license plate, and accordingly, a vehicle associated with a virtual permit must have its license plate exposed to the lane of travel and be clearly visible, unobstructed, and able to be read by the LPR equipment.
(2) Instructions relating to the display and assignment of a permit to a vehicle(s) will be provided by commuter services at the time of issuance and are located on the commuter services web site.
(3) Motorcycle and scooter permits shall be registered with ((the affiliated institution.
(4) Permits not fully visible from the exterior of a motor vehicle are not valid and are subject to citation for no valid permit displayed))commuter services.
(4) Commuter services may authorize certain designated virtual permit holders to use a vehicle's license plate as a permit. Certain designated virtual permits may require the completion of a permit registration process. Virtual permit instructions will be provided at the time of permit issuance.
AMENDATORY SECTION(Amending WSR 02-11-048, filed 5/9/02, effective 6/9/02)
WAC 132Z-116-200Parking fees.
The institutions' governing boards shall adopt parking fees, specifying the charge per day, quarter, and year. Each institution may set its own rates for quarterly and yearly permits, but the rates for daily parking permits must be uniform for both institutions. ((Each institution))Commuter services, or its designee, shall sell quarterly and yearly permits to the institutions' employees and students ((only of its own institution. Each institution)). Commuter services, or its designee, may also sell quarterly and yearly permits ((in))at its discretion to regular visitors to ((that))each institution. A person who parks a vehicle in a metered parking space must pay for time used during posted times of operation.
AMENDATORY SECTION(Amending WSR 02-11-048, filed 5/9/02, effective 6/9/02)
WAC 132Z-116-220Parking within designated spaces.
(1) No motor vehicle shall be parked on the campus except in areas designated as parking areas, unless expressly authorized by commuter services or campus safety.
(2) No vehicle shall be parked so as to occupy 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 parked to occupy a portion of more than one space or stall shall not excuse a violation of this section.
(3) No person shall stop, stand, or park any motor vehicle so as to create a safety hazard, obstruct traffic along or upon any street, parking lot drive aisle, or roadway, or obstruct pedestrian movement along any plaza, path, or sidewalk unless expressly authorized by commuter services or campus safety.
NEW SECTION
WAC 132Z-116-235Denial or revocation of parking privileges.
Commuter services reserves the right to deny or revoke parking privileges to anyone who has:
(1) Had a permit revoked.
(2) Falsified a parking application or registration.
(3) Counterfeited or altered a permit.
(4) Failed to pay outstanding citations.
(5) Been found to be in possession of or using a lost, refunded, or stolen permit.
(6) Removed an immobilization device without authorization.
(7) Been banned from campus.
(8) Failed to comply with commuter services directions.
(9) Damaged campus property while driving or parking on campus.
(10) Verbally abused or assaulted staff, including commuter services staff.
AMENDATORY SECTION(Amending WSR 02-11-048, filed 5/9/02, effective 6/9/02)
WAC 132Z-116-240Regulatory signs, markings, barricades, etc.
(1) The institutions may erect permanent or temporary signs, barricades, and other structures, and paint marks and other directions upon the streets and parking areas within the campus. Drivers of vehicles shall obey the signs, barricades, structures, markings, and directions. Drivers of vehicles shall comply with directions given to them by ((public safety officers in the))commuter services employees, campus facilities employees, campus safety officers, or authorized commuter services contractors in the control and regulation of traffic. Drivers shall also comply with directions given to them by ((the traffic guides or parking checkers))commuter services employees, campus safety officers, or authorized commuter services contractors in the assignment of parking space and in the collection of parking fees.
(2) No person without authorization from the institutions shall move, deface, or in any way change a sign, barricade, structure, marking, or direction that regulates traffic or parking.
PART III
USE OF MOTORIZED AND NONMOTORIZED VEHICLES
AMENDATORY SECTION(Amending WSR 02-11-048, filed 5/9/02, effective 6/9/02)
WAC 132Z-116-270Motorcycles, bicycles, scooters.
(1) Motorcycles, bicycles, and scooters are subject to all traffic rules controlling other motor vehicles.
(2) Motorcycles and motorized scooters ((may))must be parked in designated motorcycle parking areas ((in addition to the regular parking lots)).
(3) Motorcycles and motorized scooters are not permitted on paths, sidewalks, or authorized bicycle or pedestrian areas, or in buildings at any time.
(4) Bicycles shall be parked in designated areas only. Improperly parked bicycles may be impounded and a citation and fine imposed upon the owner.
(5) No bicycles or foot-propelled devices shall be operated on campus corridors, hallways, or buildings unless their use is required as part of the educational process in an authorized program, or authorized by campus personnel. A "foot-propelled device" is a wheeled device designed or used for recreation or transportation, including but not limited to skateboards, roller skates, and roller blades.
PART IV
FINES, CITATIONS, IMMOBILIZATION, AND IMPOUNDMENT
AMENDATORY SECTION(Amending WSR 02-11-048, filed 5/9/02, effective 6/9/02)
WAC 132Z-116-300Issuance of ((traffic))parking citations.
Upon probable cause ((to believe)) that a violation of these rules has occurred, a ((public safety officer or designated contractor))campus safety officer, commuter services employee, or contractor designated by commuter services may issue a citation setting forth the date, the approximate time, the locality, the nature of the violation, the ((permit))license plate number, ((license number,)) infraction, officer, and the amount of fine(s). The citation shall be served on the person responsible for the violation by: Attaching a copy of the citation to, or placing it prominently within, the vehicle allegedly involved in the violation; mailing a copy of the citation to the person responsible; or serving a copy of the citation personally on the person responsible.
AMENDATORY SECTION(Amending WSR 02-11-048, filed 5/9/02, effective 6/9/02)
WAC 132Z-116-310Fines, immobilization, and impounding.
(1) The current schedule of fines shall be published by the institutions and made available for review ((in the Central Plant Building))online and in the commuter services office.
(2) All fines are due upon receipt of the citation and must be paid as designated on the citation within twenty calendar days from the date of the citation. Fines must be delivered in person to the ((citation hearing office))UW Bothell cashier's office, paid online, or postmarked on or before the due date specified in these rules to avoid additional penalties. If any citation has neither been paid nor appealed after twenty calendar days from the date of the citation, the institution shall impose an additional fine of ten dollars per offense and may:
(a) Withhold the violator's degrees, transcripts, grades, refunds, or credits until all fines are paid.
(b) Delay registration for the following quarter.
(c) Impound or immobilize the violator's vehicle.
(d) Deny future parking privileges to the violator.
(e) Refuse to issue keys to a violator who is an employee or student.
(f) Refer outstanding balances associated with unpaid fines for collection in accordance with applicable statutes and institutional procedure.
(3) In addition to imposing fines, ((public))campus safety officers ((may impound or immobilize any vehicle parked on campus in violation of these rules. The expenses of impounding, immobilization, and storage shall be charged to the owner or operator, or both, of the vehicle and must be paid before the vehicle's release)), commuter services employees, or authorized commuter services contractors or agents may immobilize and/or impound any vehicle parked on campus in violation of these rules. Grounds for impounding or immobilizing vehicles shall include, but not be limited to the following:
(a) Blocking a roadway so as to impede the flow of traffic.
(b) Blocking a walkway so as to impede the flow of pedestrian traffic.
(c) Blocking a fire hydrant or fire lane.
(d) Creating a safety hazard.
(e) Blocking another legally parked vehicle.
(f) Parking in a marked "tow-away" zone.
(g) Leaving a vehicle unattended on campus for longer than two days, unless the vehicle has a valid student housing resident permit.
(h) Failing to pay a fine(s) imposed under this chapter.
(i) Parking a vehicle on campus that has no license plate(s) and no observable vehicle identification number.
(4) Not more than ((twenty-four hours))one business day after impoundment or immobilization of any motor vehicle, ((the institution))commuter services shall mail a notice to the registered owner of the vehicle and to any other person who claims the right to possession of the vehicle, if those persons can be identified. ((The institutions shall not be liable for loss or damage of any kind resulting from impounding, immobilization, or storage. Impounding a vehicle does not remove the obligation for any fines associated with the violation.
(4)))Similar notice shall be given to each person who seeks to redeem an immobilized or impounded motor vehicle. If a motor vehicle is redeemed prior to the mailing of the notice, the notice may not be mailed. The notice shall contain the date of immobilization or impoundment, reason for the action, the location of the motor vehicle if impounded, redemption procedures, and an opportunity to contest the immobilization or impoundment as provided in WAC 132Z-116-320. The institutions shall not be liable for loss or damage of any kind resulting from impounding, immobilization, or storage. All parking fines, fees, the cost of immobilization and/or impoundment (e.g., booting, towing, and storage fees) must be paid prior to the removal of an immobilization device or the release of an impounded motor vehicle. Impounded motor vehicles shall be redeemed only by the registered owner who has a valid driver's license or a person authorized by the registered owner who has a valid driver's license and who produces proof of authorization and signs a receipt for motor vehicle. Proof of ownership may be required before a vehicle is released from immobilization or impound.
(5) An accumulation of traffic violations by a student may be cause for discipline under the student conduct code of the student's institution.
AMENDATORY SECTION(Amending WSR 02-11-048, filed 5/9/02, effective 6/9/02)
WAC 132Z-116-320Appeals of fines, immobilizations, and impoundments.
(1) Any immobilization, impoundment, or fine under this chapter may be appealed in writing, or when available, appealed through the online parking portal, within twenty calendar days from the date of the citation ((or)), the notice of immobilization, or the notice of impoundment. The notice of appeal must be addressed to the location indicated on the citation, notice of immobilization, or notice of impoundment. ((The institutions))Commuter services will make appeal forms available at the ((university's cashiers office in Room UW1 176 and at the college's cashiers office in Room CC1 103))commuter services office. The notice of appeal must explain the reasons for contesting the citation, immobilization or impoundment. If the person who files a notice of appeal desires an opportunity to make an oral statement in the appeal, the request to make an oral statement must be included in the notice of appeal. Online appeal instructions can be accessed through the commuter services web site.
(2) The hearing on the appeal shall be a brief adjudicative hearing as provided by RCW
34.05.482 et seq. If a request for an oral statement was made, the presiding officer or officers shall provide reasonable notice of the time and place for receiving the oral statement. The presiding officer(s) shall review the notice of appeal and provide a written decision to the person submitting the appeal within ten
calendar days of taking action. If the appeal is denied, the decision shall include a brief statement of its reasons and information about the opportunity for further review. Any fine owed on a written decision that is not further appealed as provided in subsection (3) of this section shall be paid within twenty-one
calendar days after service of the decision.
(3) A person wishing to contest the written decision may request a review by contacting the institution in writing within twenty-one calendar days after service of the decision. The request for review shall explain why the decision was incorrect. The reviewing officer shall, within twenty calendar days of the date of the request, review the matter and render a final written decision, which shall include a brief statement of its reasons and information about the opportunity to appeal the decision to the district court. Any final decision of the reviewing officer not appealed as provided in subsection (4) of this section shall be paid within ten calendar days after service of the decision.
(4) A person wishing to appeal a final decision of the citation hearing office to the district court may, within ten calendar days of service of the final decision, file a written notice with the institution. Documents relating to the appeal shall immediately be forwarded to the district court, which shall have jurisdiction to hear the appeal de novo. No appeal to the district court may be taken unless the citation has been contested as provided in subsections (2) and (3) of this section.
NEW SECTION
WAC 132Z-116-325Permit and parking product revocations.
Parking products are the property of the institutions, and may be recalled by the issuer for any of the following reasons:
(1) When the purpose for which the parking product was issued changes or no longer exists;
(2) When a parking product is used on an unauthorized vehicle, by an unauthorized individual, or in an unauthorized manner;
(3) Falsification on a parking product application;
(4) Multiple or continued violations of parking rules;
(5) Counterfeiting, altering, or using a lost/stolen parking product;
(6) Failure to comply with a final decision of the citation review committee, or institutional hearing officer;
(7) Nonpayment of parking product fees or parking fines.
NEW SECTION
WAC 132Z-116-330Right to appeal revocation.
Parking product revocations under this chapter may be appealed pursuant to the procedures in WAC 132Z-116-320.
NEW SECTION
WAC 132Z-116-340Motorized vehicles—Responsible parties for illegal parking.
(1) For any motor vehicle citation involving a violation of this chapter where the motor vehicle is registered to a permit holder, there shall be a prima facie presumption that the permit holder was the person who operated the motor vehicle in violation of these rules. Such responsibility does not afford a defense to another person who violated these rules.
(2) For any motor vehicle citation involving a violation of this chapter where the motor vehicle is not registered to a permit holder, there shall be a prima facie presumption that the registered owner of the motor vehicle was the person who operated the motor vehicle in violation of these rules. Such responsibility does not afford a defense to another person who violated these rules.
(3) This section shall not apply to university or college operated motor vehicles. The operator of a university owned or a college owned motor vehicle is personally liable for any citation issued to the motor vehicle.
(4) A third party other than the permit holder or registered owner can assume responsibility for a citation by either paying the citation within twenty calendars days of the date of the citation or submitting a petition where the third party agrees to take responsibility.
(5) When mitigating circumstances exist, authorized commuter services personnel may reduce or dismiss fines.
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 132Z-116-070 | Permit revocations. |
WAC 132Z-116-080 | Right to appeal revocation. |
WAC 132Z-116-280 | Distribution of literature. |
WAC 132Z-116-400 | Report of accident. |
WAC 132Z-116-410 | Liability of institutions. |