WSR 22-13-174
PROPOSED RULES
WASHINGTON STATE UNIVERSITY
[Filed June 22, 2022, 8:22 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 22-09-078.
Title of Rule and Other Identifying Information: Campus parking and traffic regulations for Washington State University, chapter 504-15 WAC.
Hearing Location(s): On August 3, 2022, at 4:00 p.m., Zoom meeting. Join Zoom meeting from PC, Mac, Linux, iOS, or Android https://wsu.zoom.us/j/99875670289?pwd=M05ITUQxM01HaFYwWXROTlA3RGVLUT09, Meeting ID 998 7567 0289, Passcode 527370; join by telephone (long distance) +1 669 900 9128 (enter meeting ID and passcode when prompted). No in-person hearing locations are being scheduled for this hearing.
Date of Intended Adoption: August 8, 2022.
Submit Written Comments to: Deborah Bartlett, Rules Coordinator, P.O. Box 641225, Pullman, WA 99164-1225, email prf.forms@wsu.edu, by August 3, 2022.
Assistance for Persons with Disabilities: Contact Joy Faerber, phone 509-335-2005, email prf.forms@wsu.edu, by August 1, 2022.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The university is updating the campus parking and traffic regulations for Washington State University.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington State University, public.
Name of Agency Personnel Responsible for Drafting: Jeff Elbracht, Director, Student Affairs Facility and Operations, Student Recreation Center, Pullman, WA 99164-1830, 509-335-9668; or Chris Boyan, Director, WSU Transportation Services, Parking and Transportation Building, Pullman, WA 99164-5500, 509-335-2950; Implementation and Enforcement: Bill Gardner, AVP, Public Safety, Public Safety Building, Pullman, WA 00164 [99164]-1072, 509335-4484.
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 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.
June 22, 2022
Deborah L. Bartlett, Director
Procedures, Records, and Forms and
University Rules Coordinator
OTS-3874.1
AMENDATORY SECTION(Amending WSR 19-11-063, filed 5/15/19, effective 6/15/19)
WAC 504-15-100Definitions.
The definitions in this section are applicable within the context of this chapter.
(1) Campus. Describes all property owned, leased, and/or controlled by the university Pullman campus which is or may hereafter be dedicated mainly to the educational, research, housing, recreational, parking, or other activities of the university.
(2) Commuter student. Any student who does not live in a university residence hall (dormitory). All students living in fraternities, sororities, university-owned housing (other than residence halls), and private housing are considered to be commuter students.
(3) Day. Unless otherwise specified, the term "day" refers to a calendar day.
(4) Disability zone. A parking zone designated for exclusive use by individuals with disability and identified with a sign bearing the associated international symbol.
(5) Electric-assisted bicycle. As defined under RCW
46.04.169.
(6) Fire zone. An area needed for emergency access to buildings, fire hydrants, or fire equipment. Such areas include, but are not limited to, areas with adjacent curbs or rails painted red.
(7) Gate card. A plastic card that activates the gates controlling access to certain parking areas.
(8) 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 parking permit or indicator obtained under false pretenses.
(c) Use of a modified parking permit or indicator.
(d) Use and/or retention of a parking permit or indicator by individual(s) ineligible, or no longer eligible, for such a permit as described and authorized in this chapter.
(9) Impound. To take and hold a vehicle in legal custody by use of a wheel lock and/or towing.
(10) Indicator. A decal or hanger displayed adjacent to a parking permit which defines additional parking areas available to a permit holder.
(11) Loading zone. A loading dock, or an area signed "loading zone" adjacent to a facility, in a parking area, or near a residence hall. Such an area is intended for loading and unloading bulky or voluminous material. Loading zones are restricted at all times unless signed otherwise.
(12) Micromobility device. Bicycles, skateboards, scooters, roller skates/blades, and all other human-powered, motorized, or electrically assisted rolling conveyances.
((
(13)))
(14) Motorcycle. As defined under RCW
46.04.330.
((
(14)))
(15) Motorized foot scooter. As defined under RCW
46.04.336.
((
(15)))
(16) Motor vehicle. As defined under RCW
46.04.320.
(((16)))(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.
(((17)))(18) Officer. Any parking or police official employed by the university who is designated by the parking administrator or chief of police to issue parking tickets, to place and remove wheel locks, or to cause vehicles to be towed under this chapter.
(((18)))(19) Owner. The 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 or chief of police has received actual written notice of the transfer.
(((19)))(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.
(((20)))(21) Parking administrator. The director in charge of the parking department or designee.
(((21)))(22) Parking appeals committee. Any individual or individuals appointed to consider parking violations and the application of fees, fines, and sanctions. Said individual or individuals are appointed by the vice president whose responsibilities include supervision of the parking department or designee.
(((22)))(23) Parking department. The university department which is charged with the responsibility of managing, operating, planning, and maintaining parking facilities; enforcing the parking regulations; and coordinating commute trip reduction efforts for the Pullman campus.
(((23)))(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.
(((24)))(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.
(((25)))(26) Parking permit. A vinyl, plastic, paper, or other instrument sanctioned by the parking department 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, and identified by other means such as by license plate. (See the definition of "virtual permit" in subsection (((46)))(47) of this section.) Also referred to as "permit" in this chapter.
(((26)))(27) Parking ticket. The first notice of a parking violation which is usually placed in a visible location on a motor vehicle.
(((27)))(28) Pay parking facility. A location where parking is provided and payment is made on-site via a parking payment device, cashier, or other means other than a parking meter.
(((28)))(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. These restricted areas are depicted on the Pullman campus map and/or with signing at the entrances to the pedestrian mall areas.
(((29)))(30) Individuals with disability. For the purpose of this chapter, individuals with disability refer to an individual or individuals with disability or disabilities who qualify for a state-issued individual with disabilities parking identification and permit.
(((30)))(31) Resident priority zone. A parking area close to a residence hall (i.e., crimson zone or gray zone) that is typically limited to use by residence hall students.
(((31)))(32) Residence hall student. A student with a current, valid residence hall contract, who lives in a residence hall.
(((32)))(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.
(((33)))(34) Service vehicle. A vehicle used to provide a service for the university or a tenant or contractor of the university (e.g., a university owned vehicle or a privately owned vehicle with a valid service vehicle authorization displayed).
(((34)))(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))15 minutes, except for vehicles that display a commercial permit, or a service indicator issued for an extended time. Service zones are restricted at all times unless signed otherwise.
(((35)))(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 regulations.
(((36)))(37) Standing. "Standing" is the stopping of a vehicle with the driver remaining in it.
(((37)))(38) Storage of a vehicle. Impounded vehicles are held in storage until released. During such time they are subject to storage fees.
(((38)))(39) Student. The term "student" includes all 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 classes.
(((39)))(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.
(((40)))(41) University. Refers to Washington State University.
(((41)))(42) University holiday. A day regarded by the university as an official university holiday.
(((42)))(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.
(((43)))(44) Unpaid. A full or partial outstanding balance due. This definition includes parking tickets which are pending appeal.
(((44)))(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 the university are open during this time.
(((45)))(46) Vehicle storage. Vehicle storage means the parking or leaving of any vehicle for a period of more ((then twenty-four))than 24 consecutive hours.
(((46)))(47) Virtual permit. A virtual permit is authorization given at the time of vehicle registration with the parking department, allowing the registered vehicle to park in a designated lot, zone, or space. The virtual permit is associated with the vehicle license plate number and is used to identify the parking authorization.
(((47)))(48) Visitors. Individuals who are not staff or students and who only visit the campus on an occasional basis.
(((48)))(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.
(((49)))(50) Wheel lock-eligible list. The current list of wheel lock-eligible vehicles as maintained by the parking department. A vehicle remains on the wheel lock-eligible list until all fines and fees related to parking tickets are paid in full or otherwise resolved to include the payment of fines and fees related to parking tickets not yet eligible for late fees.
(((50)))(51) Wheel lock-eligible vehicle. Any vehicle on which three or more parking tickets more than ((thirty))30 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.
(((51)))(52) WSU disability permit. WSU-issued zone permit displayed with a valid state-issued disability placard or disability license plate.
AMENDATORY SECTION(Amending WSR 15-11-036, filed 5/14/15, effective 6/14/15)
WAC 504-15-370Vehicle storage and abandonment.
(1) The storage of vehicles, including motorcycles and mopeds, is prohibited on campus unless otherwise authorized by the parking department.
(2) No person may use any vehicle parked on campus as a living unit without specific approval from the parking department. Violators may be cited and the vehicle impounded.
(3) Vehicles are to be maintained in operating condition at all times on university property, except those in an automotive shop designated by the parking department for parking such vehicles. Vehicle repairs or maintenance is not done on campus unless authorized in advance by the parking department.
(4) A vehicle which appears to be abandoned, with or without a current parking permit or license plates, may be cited and impounded after an attempt is made to locate and notify the owner of the impending action.
AMENDATORY SECTION(Amending WSR 19-11-063, filed 5/15/19, effective 6/15/19)
WAC 504-15-930Bicycles, skateboards, scooters, and ((roller skates.))other "micromobility devices."
(1) The riding and use of ((bicycles, skateboards, scooters, and roller skates))micromobility devices is restricted as defined in this section. Exemption: Wheelchairs, "knee walkers," and other mobility aids used because of a disability or injury are exempt from subsections (2) and (4) of this section.
(2) Use of micromobility devices is prohibited on all ((building plazas, all)) pedestrian overpasses, interior building spaces, parking structures, parking structure ramps, all stairways, steps, ledges, benches, planting areas, any other fixtures, and in any other posted area.
(((2) Bicycles, skateboards, scooters, and roller skates))(3) Micromobility devices may be ridden and used on sidewalks outside the prohibited areas when a bike path is not provided, subject to the restrictions described in subsection (9) of this section.
(((3) 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.))When operated in pedestrian areas, including building plazas, pedestrian malls, and sidewalks, motorized or electric-assisted micromobility devices must:
(a) Respond to automatic controls as described in subsection (9) of this section; or
(b) Be operated only using human propulsion.
(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))micromobility devices on any part of campus is prohibited.
(6) Bicyclists must obey all traffic laws applying to individuals riding bicycles when operating bicycles on roadways. Micromobility devices other than bicycles are prohibited from use on roadways.
(7) Bicycles and scooters may be secured only at ((university-provided)) bicycle racks and bicycle storage facilities designed for such purpose.
(((8))) Bicycles and scooters that are not secured at ((university-provided)) bicycle racks or bicycle storage facilities may be impounded at the owner's expense.
(((9)))(8) Abandoned and inoperable ((bicycles))micromobility devices. Internal policies regarding abandoned and inoperable ((bicycles))micromobility devices, including the impoundment of ((bicycles at the WSU Pullman campus))micromobility devices, may be established upon approval by the vice president or designee whose responsibilities include supervision of the parking department.
(9) The campus may implement automatic controls on the operation of certain micromobility devices based on any or all of the following:
(a) Location of the device;
(b) Time of day; and
(c) Weather conditions.
Controls may include speed restriction, shutoff of motorized assist, or complete shutoff of the device.
(10) If there is a conflict between these regulations and on-site signage, the on-site signage takes precedence.