PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 02-07-104.
Title of Rule: Campus traffic and parking regulations.
Purpose: To reorganize, clarify and streamline existing parking regulations in accordance with board of regents directive.
Statutory Authority for Adoption: RCW 28B.30.150.
Summary: Removes fine structure from WAC and allows fines to be set by board of regents without codification in WAC, establishes residence hall parking, adds definition of "fire zone," addresses counterfeit permits, removes obsolete language and sections.
Reasons Supporting Proposal: To reorganize, clarify and streamline existing parking regulations.
Name of Agency Personnel Responsible for Drafting: John Shaheen, Glenn Ford, Public Safety Building, P.O. Box 7300, Pullman, WA 99164, (509) 335-4911; Implementation and Enforcement: John Shaheen, Public Safety Building, P.O. Box 7300, Pullman, WA 99164, (509) 335-4911.
Name of Proponent: Board of Regents.
Explanation of Rule, its Purpose, and Anticipated Effects: Removes fine structure from WAC and allows fines to be set by board of regents without codification in WAC, establishes residence hall parking, adds definition of "fire zone," addresses counterfeit permits, removes obsolete language and sections.
The effect will be to reorganize, clarify and streamline existing parking regulations and provide for parking needs of students living in residence halls.
Proposal does not change existing rules. Obsolete sections eliminated, fine structure eliminated, additional parking areas provided for students residing on campus.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
RCW 34.05.328 does not apply to this rule adoption.
Hearing Location: Conference Room 405, Lighty Student Building, Washington State University, Pullman, Washington 99164, on June 25, 2002, at 1:00.
Assistance for Persons with Disabilities: Kirsten Pauli by June 21, (509) 335-7739.
Submit Written Comments to: Loretta M. Lamb, P.O. Box 64105, Pullman, WA 99164, fax (509) 335-4642, by June 21, 2002.
Date of Intended Adoption: June 25, 2002.
May 10, 2002
Loretta M. Lamb
Associate Vice-President for
Personnel and Administration
Rules Coordinator
WASHINGTON STATE UNIVERSITY: CAMPUS TRAFFIC AND PARKING REGULATIONS(1) Campus. Describes all property owned, leased, and/or controlled by Washington State University in Pullman which is or may hereafter be dedicated mainly to the educational, research, housing, recreational, parking, or other activities of Washington State University.
(2) Commuter student. Any student who does not live in a residence hall (dormitory). All students living in fraternities, sororities, university housing (other than residence halls), and private housing are considered to be commuter students.
(3) Disability zone. A parking zone identified with a sign bearing the international disability symbol that is restricted at all times to use by vehicles bearing a valid WSU disability parking permit or indicator, or any state-issued disability parking permit.
(4) Dormitory. See residence hall.
(5) 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.
(((5))) (6) Gate card. A plastic card that activates the
gates controlling access to certain parking areas.
(((6))) (7) Holiday or university holiday. A day when all
university facilities are generally closed (e.g., Thanksgiving
Day, Christmas Day, New Year's Day). Vacation days are not
considered holidays. See definition of vacation.
(((7))) (8) Housing area. Housing units or apartments, and
their respective parking areas, that are owned by the university,
but are not included as residence halls.
(((8))) (9) Illegal use of permit. A parking violation in
which a citation is issued under the following circumstances:
(a) Use of a permit/indicator on an unspecified vehicle.
(((b) Use of a counterfeit permit/indicator.))
(((c))) (b) Use of a permit/indicator obtained under false
pretenses.
(((d))) (c) Use of a modified permit/indicator.
(((e))) (d) Use and/or retention of a permit/indicator by
person(s) ineligible, or no longer eligible, for such a permit as
described and authorized in this chapter.
(((9))) (10) Indicator. A decal displayed adjacent to a
parking permit which more clearly defines the parking areas
available to a permit holder.
(((10))) (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.
(((11))) (12) Moped. Any two-wheeled or three-wheeled motor
vehicle with an engine displacement of 50 cc or less.
(((12))) (13) Motorcycle. Any two-wheeled or three-wheeled
motor vehicle with an engine displacement greater than 50 cc.
(((13) (14) Motor vehicle. All motor-driven conveyances
except wheelchairs.
(((14) (15) 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
or red.
(((15) (16) 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.
(((16) (17) Parking permit. A vinyl, plastic, or paper
instrument sanctioned by parking services that is displayed from
a vehicle, and authorizes parking in specified areas.
(((17) (18) Resident student. A student living in a
residence hall.
(((18) (19) Residence hall. ((The following living units
are considered r)) Residence halls include the following: Streit
Hall, Perham Hall, Regents Hall, Scott Hall, Coman Hall, Wilmer
Hall, Davis Hall, Duncan-Dunn Hall, Community Hall, Stevens Hall,
McCroskey Hall, Gannon Hall, Goldsworthy Hall, McEachern Hall,
Orton Hall, Rogers Hall, Stephenson Complex, Stimson Hall, Waller
Hall, ((and)) Kruegel McAllister Hall and Honors Hall.
(((19) (20) 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 permit displayed).
(((20) (21) Service zone. Parking spaces designated for the
use of university vehicles, other government-owned vehicles, and
vehicles displaying a service indicator or commercial permit. Authorized vehicles may park in these zones for a maximum of
fifteen 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.
(((21) (22) Resident priority zone (i.e., crimson zone, gray
zone). A parking area close to a residence hall. Parking in
these areas is assigned to resident students by residence life
personnel, and/or residence hall officers.
(((22) (23) Staff. For the purposes of these regulations,
"staff" includes all faculty, classified staff, administrative
and professional employees, temporary employees, and other
support personnel employed by the university, and the personnel
of other activities located on campus. Teaching assistants,
research assistants, and other students employed by the
university are not "staff." They are considered as students for
the purpose of these rules.
(((23))) (24) Student. Any person who has been admitted to
the university, and who is either attending classes, or actively
pursuing a degree or certificate.
(((24))) (25) Summer session. The summer session includes
all summer school sessions beginning on the first day of the
earliest session, and ending on the last day of the latest
session.
(((25))) (26) University holiday. See holiday.
(((26))) (27) 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.
(((27))) (28) Vehicle. See motor vehicle.
(((28))) (29) Visitors. Persons who are not staff or
students and who only visit the campus on an occasional basis.
(((29))) (30) Wheel lock. A device used to temporarily
immobilize a vehicle (i.e., on-the-spot impoundment).
[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-13-003, § 504-15-100, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), § 504-15-100, filed 5/16/90, effective 7/1/90.]
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 90-11-078, filed 5/16/90,
effective 7/1/90)
WAC 504-15-200
Enforcement authority.
Parking services
((is)) and the police department are charged with the impartial
enforcement of these regulations. Enforcement personnel have
authority to issue parking citations, to impound vehicles, and to
control access to areas.
[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), § 504-15-200, filed 5/16/90, effective 7/1/90.]
(1) Permit areas: All parking zones are limited to authorized permit holders during specific hours. These hours are posted in each parking zone either at the entrance to parking areas, or along roadways where parking is marked. Restricted spaces are enforced at all times. See subsection (4) of this section, special conditions.
(2) Restricted spaces: These spaces are restricted for their designated purpose at all times (twenty-four hours a day, seven days a week):
(a) Disability.
(((b) Gray zones (resident priority areas).))
(((c))) (b) Load/unload.
(((d))) (c) Service.
(((e))) (d) Reserved.
(((f))) (e) Reserved (bagged) meters.
(((g))) (f) Specially signed areas.
(((h) Housing areas.))
(3) 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 time limit (e.g., a two-hour meter will allow a maximum of two hours to be purchased at one time).
(4) Special conditions: The parking regulations are
enforced every day, twenty-four hours a day. ((However,
d))During certain times the following ((periods)) special
conditions exist, and the regulations are modified.
(a) ((During the following times, permits are not required
in blue and gray zones:)) Crimson zones.
(i) ((A)) Permits are not required in crimson zones at the
start of each semester from the Monday of registration the week
prior to the first day of class through the ((sixth)) fifth day
of class.
(ii) ((D)) Crimson, orange, and green permits are valid in
crimson zones during summer session, vacation periods, and
between semesters.
(iii) ((D)) Temporary one-hour parking zones may be
established in portions of the crimson zones during finals week
and at the start of each semester to accommodate moving into and
moving out of residence halls.
(b) Gray zones.
(i) Permits are not required in gray zones at the start of each semester from the Monday of the week prior to the first day of class through the fifth day of class, during vacation periods, and between semesters.
(ii) During ((the)) summer session, gray zones are open to
all valid WSU parking permits, except blue permits and housing
permits.
(iii) Temporary one-hour parking zones may be established in portions of the gray zones during finals week and at the start of each semester to accommodate moving into and moving out of residence halls.
(c) Blue zones. Permits are not required in blue zones at the start of each semester from the Monday of the week prior to the first day of class through the fifth day of class, during finals week, vacation periods, and between semesters.
(d) Housing areas. ((During the following times, housing p))
Permits are not required in housing areas:
(i) A at the start of each semester from the Monday of
((registration)) the week prior to the first day of class through
the ((sixth)) fifth day of class, and((.))
(((ii) D)) during finals week.
(((d))) (e) Summer business hours. During the period when
the university is officially on summer business hours, all
metered spaces and permit areas which are not restricted will be
open parking after 4:00 p.m. This period varies from year to
year, and does not include periods when individual departments
change their business hours outside the university's official
summer business hours.
(5) Pay parking facilities: Some nonmetered areas are
provided for ((limited)) parking on an ((cash)) hourly basis. Hours of operation and a schedule of fees are posted at the
facility entrance and at the point of payment. Parking
violations are issued to vehicles that are parked over the
duration of time that was paid and for nonpayment.
[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-13-003, § 504-15-210, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), § 504-15-210, filed 5/16/90, effective 7/1/90.]
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 95-13-003, filed 6/8/95,
effective 7/9/95)
WAC 504-15-460
False information.
No person shall 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, Social Security
number, and/or other information known to be false. It also
includes the mere use of a visitor, conference, and commercial
permit by staff or students. Violation of this provision shall
constitute the illegal use of a parking permit, and will be
subject to citation and fine.
[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-13-003, § 504-15-460, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), § 504-15-460, filed 5/16/90, effective 7/1/90.]
Staff and students are generally assigned to specific parking areas, called zones. Parking zones are color-coded with respect to their price and numbered with respect to the specific parking area assignment of each permit holder. Permit holders may 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 as described below.
(1) Orange permits: Orange permit holders may park in their numerically assigned orange zone, or in any green, yellow, red, or blue zone. These permits may be available on a temporary basis during the summer session.
(2) Green permits: Green permit holders may park in their numerically assigned green zone, or in any yellow, red, or blue zone. These permits may be available on a temporary basis during the summer session.
(3) Yellow permits: Yellow permit holders may park in their numerically assigned yellow zone, or in any red or blue zone. These permits may be available on a temporary basis.
(4) Red permits: Red permit holders may park in their numerically assigned red zone or in any blue zone. These permits may be available on a temporary basis.
(5) Gray permits (((resident priority parking))): Gray
permit holders may park in their numerically assigned gray zone,
or in any blue zone. These permits may be available on a
temporary basis. Gray permit holders must turn in their gray
permit for refund or credit toward another permit, if applicable,
immediately upon moving out of a residence hall. Only resident
students are eligible for gray permits.
(6) Blue permits (peripheral parking): Blue permit holders may park in any blue zone. These permits are available on a temporary basis.
(7) Crimson permits. Crimson permit holders may park in their numerically assigned crimson zone, or in the numerically corresponding gray zone (e.g., a crimson 1 permit is valid in the gray 1 zone, but not in the gray 2 zone), or in any blue zone. Crimson permit holders must turn in their crimson permit for a refund or credit toward another permit, if applicable, immediately upon moving out of the residence hall. Only resident students are eligible for crimson permits.
[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-13-003, § 504-15-540, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), § 504-15-540, filed 5/16/90, effective 7/1/90.]
(1) Service indicator decals/hangers which are valid for a maximum of fifteen minutes in a marked service zone. A separate mall service indicator allows a maximum of fifteen-minute parking in the pedestrian mall. These are available to staff or students who must use a private vehicle for university business. They are issued on an annual or daily basis after the approval of the parking manager or his/her designee.
(2) Night parking indicator decals/hangers which are valid in parking zones up to thirty minutes after the permit times begin, and thirty minutes before the permit times end. For example, if permits are required in a parking zone from 7:00 a.m. to 5:00 p.m., the night parking indicator is valid in that zone from 4:30 p.m. until 7:30 a.m. Night parking indicators are not valid at any time in crimson zones, gray zones, meter spaces, restricted spaces, or parking zones that require a parking permit at all times.
(3) Reserved parking indicator decals/hangers which are valid in parking spaces that are signed for the corresponding permit and indicator.
[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-13-003, § 504-15-580, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), § 504-15-580, filed 5/16/90, effective 7/1/90.]
There are two types of disability permits:
(1) Permanent physical disability. An annual disability permit is available to permanently disabled university employees and students at the established fee. Holders of annual permits may park in orange, green, yellow, red, crimson, gray, and blue zones, and metered spaces. They may not park in service zones or reserved spaces. The fee for an annual disability permit is equal to the blue zone fee. Payment of regular posted fees is required in pay lots.
(2) Temporary physical disability. Temporary disability permits will be issued to temporarily disabled staff and students for a maximum of six weeks, although they may be renewed.
Employees and students must obtain a temporary disability form from parking services. These disabled parking privileges will be granted only after submission of the form that shows the applicant meets established physical limitations. The form must be completed by a health care provider. Parking services will not accept substitute forms or letters.
[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-13-003, § 504-15-600, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), § 504-15-600, filed 5/16/90, effective 7/1/90.]
(((2) Disability permits will be issued free of charge to
those who have their vehicle identified with a state disability
license plate or other indicator in accordance with RCW 46.16.380.))
(((3))) (2) Payments: Fees may be paid at parking services
by cash, check, or money order. A payroll deduction plan is
available for permanent university employees and eligible
graduate students during the fall semester only.
(((4)))(3) The annual fee for any shorter period relative to
all permits shall be prorated.
(((5))) (4) The proper fee must be paid for all vehicles
parked in metered areas unless otherwise authorized.
(((6))) (5) Staff members whose work schedules qualify them
for night time differential pay may purchase a permit for
one-half the regular fee. Verification will be required.
(((7))) (6) Refunds: Annual permits being relinquished may
be returned to parking services for a prorata refund. Identifiable remnants of the permit must be returned. Provision
of the permit holder's copy of the permit receipt will facilitate
the refund process. A minimum ten-dollar service charge will be
retained by parking services. Further, the balance of any fees
and fines owed parking services will be deducted from any refund
due. ((No refunds will be granted after 5:00 p.m. Friday of the
third week of the spring semester.)) Refunds for temporary
permits will not be granted.
[Statutory Authority: RCW 28B.30.095, [28B.30].125, [28B.30].150. 01-13-102, § 504-15-650, filed 6/20/01, effective 7/21/01; 95-13-003, § 504-15-650, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), § 504-15-650, filed 5/16/90, effective 7/1/90.]
Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 95-13-003, filed 6/8/95,
effective 7/9/95)
WAC 504-15-810
Violations, fines, and sanctions.
(1)
Violations and fines: Parking violations will be processed by
the University. Fines must be paid at parking services ((in the
public safety building,)) or other authorized locations((, at the
following rates:)). Schedules for parking violations, fines, and
sanctions are posted in the public area of the parking services
office and on the parking services web site.
| (( |
|||
in a disability space |
$ |
50.00 |
|
in service space |
$ |
25.00 |
|
the pedestrian mall |
$ |
50.00 |
|
(3) Visitors: The first violation of the notices listed in subsection (1)(c) of this section, No parking permit, and subsection (1)(d) of this section, No parking permit for this area, issued to visitors are considered warning notices upon presentation to the parking services office.
(4) Inoperable vehicles: It is the owner's responsibility to immediately contact parking services in the event that their vehicle becomes inoperable.
[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-13-003, § 504-15-810, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), § 504-15-810, filed 5/16/90, effective 7/1/90.]
(((1))) (2) Late payment of fines: Forty-five days after
issuance of a notice of violation a ((ten-dollar)) charge shall
be added to all unpaid parking violations. If a student or staff
member fails to pay the fine assessed for any violation, the fine
will be referred to the WSU controller's office for collection. The controller may, if other collection efforts fail, deduct
outstanding fines from the salary warrants of employees or
withhold the amount of the outstanding fines from damage deposits
or other funds held for any student in order to secure payment. Where collection efforts are unsuccessful, the controller may
notify the registrar to refrain from issuing student transcripts
or to withhold permission to reenroll for a subsequent term until
outstanding fines are paid. The procedures discussed above are
not exclusive, however, and failure by anyone to pay fines may
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.
(((2))) (3) Impound by wheel lock or towing:
(a) Any vehicle with an accumulation of three or more unpaid
parking violations, or any vehicle displaying a lost ((or)),
stolen, or counterfeit permit may be temporarily immobilized by
use of a wheel lock device placed on a wheel. A ((fifty-dollar))
fee will be assessed on vehicles which are immobilized with a
wheel lock.
(b) Any vehicle may be towed away at owner's/operator's expense if the vehicle:
(i) Has been immobilized by wheel lock more than twenty-four hours; or
(ii) Is illegally parked in a marked tow-away zone; or
(iii) 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
(iv) Cannot be impounded with a wheel lock device; or
(v) Is illegally parked in a disability space.
(c) The driver and/or owner of a towed vehicle shall pay towing and storage expenses.
(d) Any vehicle immobilized by use of the wheel lock device
in excess of twenty-four hours will be assessed a storage fee
((of ten dollars)) for each calendar day or portion thereof,
beyond the first twenty-four hours.
(e) 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.
(f) No vehicle impounded by towing or wheel lock devices, shall be released until the following fines are paid in cash:
(i) All unpaid parking violation penalties against said vehicle and any other vehicle registered to the violator;
(ii) A ((fifty-dollar)) wheel lock fee;
(iii) All towing and storage fees.
(g) Any vehicle impounded pursuant to these regulations in excess of thirty calendar days shall be considered an abandoned vehicle and shall be disposed of in accordance with chapter 46.55 RCW.
(h) A person wishing to challenge the validity of any fines or fees imposed under this subsection may appeal such fines or fees as elsewhere provided in these regulations. However, in order to secure release of the vehicle, such person must pay the amount of such fines or fees as a bond which will be refunded to the extent the appeal is successful.
(i) An accumulation of six unpaid violations during any twelve-month period, exclusive of meter violations, and overtime in time zone violations, will subject 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.
(((3))) (4) Failure to pay fines: Failure to pay a fine or
comply with other penalties assessed pursuant to these
regulations, after exhausting or failing to exercise appeals
provided for in these regulations, constitutes a violation of RCW 28B.10.560. A citation or complaint for such violation may be
issued and filed with the district court. Upon request of the
university, the department of licensing may withhold vehicle
registration pending the payment of outstanding parking fines.
[Statutory Authority: RCW 28B.30.095, 28B.30.125 and 28B.30.150. 95-13-003, § 504-15-830, filed 6/8/95, effective 7/9/95. Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 90-11-078 (Order 90-1), § 504-15-830, filed 5/16/90, effective 7/1/90.]
The following section of the Washington State Administrative
Code is repealed:
| WAC 504-15-060 | Advisory and governing bodies. |