WSR 09-07-032

PROPOSED RULES

WESTERN WASHINGTON UNIVERSITY


[ Filed March 10, 2009, 11:28 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-12-024.

Title of Rule and Other Identifying Information: Chapter 516-15 WAC, Skateboard and in-line skate policy.

Hearing Location(s): Western Washington University, Main Campus, Board Room, Old Main 340, 516 High Street, Bellingham, WA 98225, on April 22, 2009, at 3 p.m.

Date of Intended Adoption: June 1, 2009.

Submit Written Comments to: Suzanne Baker, Rules Coordinator, 516 High Street, Old Main 335, Bellingham, WA 98225-9015, e-mail Suzanne.Baker@wwu.edu, fax (360) 650-6197, by April 21, 2009.

Assistance for Persons with Disabilities: Contact Suzanne Baker by April 22, 2009, (360) 650-3117.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Western Washington University proposes amendments to the skateboard and skate rules to provide updated and clear guidance for students, faculty, staff, and guests. A significant change has been made to the rules that acknowledge skateboards, foot scooters, skates, and other similar devices as sustainable forms of transportation. The amended rules provide clear guidelines for operation on campus and allowable speeds on campus. The rules also provide for walk zones where riders are required to dismount from their skateboards.

Statutory Authority for Adoption: RCW 28B.35.120(12).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Western Washington University, governmental.

Name of Agency Personnel Responsible for Drafting: Gayle Shipley, Director, Environmental Health and Safety, and Public Safety Personnel, 516 High Street, Bellingham, WA, (360) 650-6512; Implementation: Randy Stegmeier, Chief of WWU Police and Director of Public Safety, 516 High Street, Bellingham, WA, (360) 650-3555; and Enforcement: Kathy Wetherell, Interim Vice-President for Business and Financial Affairs, 516 High Street, Bellingham, WA, (360) 650-3180.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapter 516-15 WAC does not impose a disproportionate impact on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. Chapter 516-15 WAC is not considered a significant legislative rule by Western Washington University.

March 10, 2009

Suzanne M. Baker

Rules Coordinator

OTS-2198.2

Chapter 516-15 WAC

SKATEBOARDS ((AND IN-LINE SKATE POLICY)), FOOT SCOOTERS, SKATES, AND OTHER SIMILAR DEVICES


AMENDATORY SECTION(Amending WSR 96-24-015, filed 11/22/96, effective 1/1/97)

WAC 516-15-010   Definitions.   As used in this chapter, the following words mean:

(("Skateboard." A toy consisting of an oblong or rectangular board, made of wood, plastic, metal or components thereof, with wheels, ridden, as down an incline, usually in a standing position. It may or may not be motorized.

"Skate." A toy consisting of shoes or boots with small wheels on the soles, either in pairs at the toe and heel or in a line down the length of the foot.)) (1) "Electric personal assistive mobility device (EPAMD)." A self-balancing device with two wheels not in tandem, designed to transport only one person by an electric propulsion system with an average power of seven hundred fifty watts (one horsepower) having a maximum speed on a paved level surface, when powered solely by such a propulsion system while ridden by an operator weighing one hundred seventy pounds, of less than twenty miles per hour.

(2) "Pedestrian." Any person who is afoot or who is using a wheelchair, a powered wheelchair or a powered scooter for persons with disabilities.

(3) "Skateboard." A flat or curved board, mounted on two or more casters or wheels, manually propelled, and usually made of wood, plastic, fiberglass, or similar materials. The term skateboard is intended to include roller skates, in-line skates, longboards, and foot scooters. It does not include electric or manual wheelchairs or powered scooters for use by persons with disabilities.

(4) "Skateboarder." Is a person using a device included in subsection (2) of this section.

(5) "Walk zone." Any area designated by signs or symbols as a place where bicycles, skateboards, and other regulated devices cannot be ridden during specified periods.

[Statutory Authority: RCW 28B.35.120(12). 96-24-015, 516-15-010, filed 11/22/96, effective 1/1/97. Statutory Authority: RCW 28B.35.120. 87-21-080 (Resolution No. 87-02), 516-15-010, filed 10/21/87.]


AMENDATORY SECTION(Amending WSR 96-24-015, filed 11/22/96, effective 1/1/97)

WAC 516-15-020   Purpose and application.   ((Because the university is primarily a pedestrian campus, the purpose of these regulations is:

(1) To protect and control pedestrian traffic and traffic of persons using coasters, skateboards, in-line skates, toy vehicles or other similar devices.

(2) To protect from physical damage and more than ordinary wear the wooden and concrete benches, brick and paved walkways, stairs, steps, loading ramps, plazas, and ramps for the disabled, caused by use of coasters, skateboards, in-line skates, toy vehicles, or similar devices on such areas.)) Western Washington University acknowledges that skateboards, foot scooters, skates, and other similar devices are sustainable forms of transportation. Use is regulated to protect the campus from physical damage and to provide safe and equitable access. This chapter does not apply to bicycles, electric personal assistive mobility devices or other powered devices regulated under chapter 516-13 WAC.

[Statutory Authority: RCW 28B.35.120(12). 96-24-015, 516-15-020, filed 11/22/96, effective 1/1/97. Statutory Authority: RCW 28B.35.120. 87-21-080 (Resolution No. 87-02), 516-15-020, filed 10/21/87.]


NEW SECTION
WAC 516-15-045   Operation.   (1) Skateboarders are expected to use skateboards in a safe, responsible manner.

(2) Skateboarders must comply with these regulations to ensure the safe operation, use, and storage of these devices on campus.

(3) Skateboarders must yield the right of way to pedestrians at all times.

(4) Skateboarders must comply with speed limits on campus as follows:

(a) Share pedestrian spaces and walkways only at pedestrian walking speeds, three miles per hour, within ten feet of any pedestrian or areas congested with pedestrians.

(b) Otherwise, skateboard speeds are limited to pedestrian jogging speeds, five to seven miles per hour maximum.

(5) Speeds in excess of seven miles per hour, stunt riding, or any and all other uses of skateboards that may cause property damage and endanger the user or others are prohibited.

(6) Skateboarders are restricted from the following areas: Lawns, benches, stairways, steps, sculpture, art work, hand rails, loading ramps, building interiors.

(7) Skateboarders must dismount and walk in areas specifically designated as permanent or temporary walk zones from 9 a.m. to 4 p.m. during regular class days, including finals week, during the regular academic year. Designated walk zones are as follows:

(a) In Red Square;

(b) In the congested, narrow walk area from the north side of Engineering Technology to the north side of Carver Gym;

(c) At Viking Union Vendor's Row; and

(d) Such other areas as may be designated by the vice-president for business and financial affairs.

(8) Skateboards may be used in the east-west intertie between Carver Gym, the Art Annex, Bond Hall, and Miller Hall but must yield right of way to pedestrians.

[]


NEW SECTION
WAC 516-15-046   Storage and parking.   Skateboarders must store and maintain control of their devices to prevent harm to others.

[]


AMENDATORY SECTION(Amending WSR 99-07-089, filed 3/19/99, effective 4/19/99)

WAC 516-15-050   Enforcement.   (1) A ((person using a skateboard, coaster, in-line skates, toy vehicle, or similar device)) skateboarder who refuses to abide by the rules and regulations set forth under chapter 516-15 WAC may be issued a university notice of infraction (NOI) for ((using a skateboard, coaster, in-line skates, toy vehicle, or similar device on campus in an area not designated for such use.)) one or more of the following:

(a) Failure to yield right of way to a pedestrian;

(b) Failure to stay in control of the skateboard;

(c) Failure to comply with speed limits on campus;

(d) Failure to dismount in walk zone areas;

(e) Failure to responsibly store the skateboard;

(f) Riding in a restricted area; and

(g) Failure to use due care and caution.

(2) Penalties((:)). The penalties for violating any part of this ((section)) chapter shall be progressive((, with the monetary penalty increasing for each subsequent offense. The first violation shall have a monetary penalty of ten dollars. A second violation shall have a monetary penalty of fifty dollars)). The penalty schedule will be published in the university Fees and Rates Listings and is available at parking services.

Any person who violates any portion of this section and as a result is involved in a collision with a pedestrian or an object shall have the monetary penalty for the offense doubled.

Any person using a skateboard, ((coaster, in-line)) skates, ((toy vehicle,)) or similar device who attempts to elude a uniformed police officer attempting to enforce these regulations shall have the monetary penalty for the offense doubled.

A rider who refuses to cooperate with a police officer will be subject to arrest for obstructing a law enforcement officer under the provisions of chapter 9A.76 RCW and/or criminal trespass under the provisions of chapter 9A.52 RCW.

(3) Appeal procedure. A university notice of infraction (NOI) may be appealed by filing a completed appeal form at ((the)) parking services ((office)) or appeal on-line at www.ps.wwu.edu within seven days of receipt of the notice of infraction; otherwise, the right to a hearing is forfeited.

[Statutory Authority: RCW 28B.35.120(12). 99-07-089, 516-15-050, filed 3/19/99, effective 4/19/99; 96-24-015, 516-15-050, filed 11/22/96, effective 1/1/97. Statutory Authority: RCW 28B.35.120. 87-21-080 (Resolution No. 87-02), 516-15-050, filed 10/21/87.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 516-15-030 Authority.
WAC 516-15-040 Regulation.

Washington State Code Reviser's Office