WSR 09-07-033

PROPOSED RULES

WESTERN WASHINGTON UNIVERSITY


[ Filed March 10, 2009, 11:31 a.m. ]

Original Notice.

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

Title of Rule and Other Identifying Information: Chapter 516-13 WAC, Bicycle traffic and parking regulations.

Hearing Location(s): Western Washington University, Main Campus, Board Room, Old Main 340, 516 High Street, Bellingham, WA 98225, on April 22, 2009, at 3:30 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 bicycle rules to provide updated and clear guidance for students, faculty, staff, and guests. 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 bicycles.

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 516-13 WAC does not impose a disproportionate impact on small businesses.

A cost-benefit analysis is not required under RCW 34.05.328. Chapter 516-13 WAC is not considered a significant legislative rule by Western Washington University.

March 10, 2009

Suzanne M. Baker

Rules Coordinator

OTS-2197.1

Chapter 516-13 WAC

BICYCLES ((TRAFFIC AND PARKING REGULATIONS)), MOPEDS, AND OTHER POWERED DEVICES


NEW SECTION
WAC 516-13-005   Definitions.   As used in this chapter, the following words mean:

(1) "Bicycle." A vehicle with two wheels in tandem usually propelled by pedals connected to the rear wheel by a chain and having handlebars for steering. The term bicycle is intended to include other pedal-powered cycles.

(2) "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. This term is intended to include other similar devices as defined in RCW 46.04.304 as now or hereafter amended.

(3) "Moped." A motorized device designed to travel with not more than three sixteen-inch or larger diameter wheels in contact with the ground, having fully operative pedals for propulsion by human power, and an electric or a liquid fuel motor with a cylinder displacement not exceeding fifty cubic centimeters that produces no more than two gross brake horsepower as defined in RCW 46.04.304 as now or hereafter amended.

(4) "Motorized foot scooter." A device with no more than two ten-inch or smaller diameter wheels that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion, as defined in RCW 46.04.336 as now or hereafter amended.

(5) "Other powered devices." A device that transports people powered by electric and/or combustion motors except for those licensed under state law for highway use.

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

(7) "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.

[]


AMENDATORY SECTION(Amending Order 6-02-83, Motion No. 6-02-83, filed 6/28/83, effective 9/19/83)

WAC 516-13-010   Purpose and application.   ((The primary aim of these regulations shall be to prevent the unsafe use and/or unsafe parking of bicycles on the campus of)) Western Washington University acknowledges that bicycles are an essential component of a sustainable transportation system, providing safe and equitable access to and around campus by all users. This chapter does not apply to electric or manual wheelchairs or powered scooters for use by persons with disabilities. This chapter applies only to bicycles, mopeds, and other powered devices and does not apply to skateboards, foot scooters, skates and other similar devices regulated under chapter 516-15 WAC.

[Statutory Authority: RCW 28B.35.120(11). 83-14-014 (Order 6-02-83, Motion No. 6-02-83), 516-13-010, filed 6/28/83, effective 9/19/83; Order 75-4, 516-13-010, filed 8/11/75; Order 3085, 516-13-010, filed 8/9/71.]


NEW SECTION
WAC 516-13-015   Licensable motorized devices.   Motorized bicycles and mini-motorcycles are, for the purpose of this regulation, considered to be motorcycles and are subject to all traffic rules and regulations controlling motorcycles. See chapter 516-12 WAC, Parking and traffic regulations.

[]


AMENDATORY SECTION(Amending WSR 96-24-016, filed 11/22/96, effective 1/1/97)

WAC 516-13-020   Parking regulations.   (1) ((All state of Washington bicycle regulations are applicable on the campus.)) Parking a bicycle, moped, or other powered devices in public areas of buildings, on a path, sidewalk, walkway, or in such a manner as to block a building exit or entrance creates a safety hazard and impedes pedestrians.

(2) ((All city of Bellingham bicycle regulations are applicable on the campus.)) Bicycles, mopeds, and other powered devices are not to be chained to trees, light posts, or designated works of art.

(3) Bicycles, mopeds, and other powered devices are to be parked only in bicycle racks ((where provided)) or in ((parking areas)) specifically designated ((or marked as a)) bicycle parking areas. ((No person shall park a bicycle in the public areas of buildings, on a path, sidewalk, walkway, or in such a manner as to block a building exit or entrance.))

(4) ((Bicycles are not to be chained to a designated work of art.)) Vehicles containing combustible fuel may not be parked inside any university building, except in a garage, research facility, or automotive shop designated for parking such vehicles by the vice-president for business and financial affairs.

(5) Improperly parked bicycles, mopeds, and other powered devices are subject to impoundment.

[Statutory Authority: RCW 28B.35.120(12). 96-24-016, 516-13-020, filed 11/22/96, effective 1/1/97. Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. 90-10-042, 516-13-020, filed 4/27/90, effective 5/1/90. Statutory Authority: RCW 28B.35.120(11). 83-14-014 (Order 6-02-83, Motion No. 6-02-83), 516-13-020, filed 6/28/83, effective 9/19/83; Order 75-4, 516-13-020, filed 8/11/75; Order 3085, 516-13-020, filed 8/9/71.]


AMENDATORY SECTION(Amending WSR 02-07-045, filed 3/14/02, effective 4/14/02)

WAC 516-13-030   Impounding of bicycles, mopeds, and other powered devices.   (1) Bicycles, mopeds, and other powered devices may be impounded for illegal parking.

(2) ((Bicycles)) They will be released upon presentation of proof of ownership and payment of a (($3.00)) fee if claimed within seven days. ((Bicycles)) If unclaimed after seven days, they will be ((released to the university public safety department)) subject to disposal as abandoned property. If the owner of an impounded bicycle, mopeds, or other powered device can be identified, ((they)) the owner will be notified immediately after impound.

[Statutory Authority: RCW 28B.35.120(12). 02-07-045, 516-13-030, filed 3/14/02, effective 4/14/02; 96-24-016, 516-13-030, filed 11/22/96, effective 1/1/97. Statutory Authority: RCW 28B.35.120(11). 83-14-014 (Order 6-02-83, Motion No. 6-02-83), 516-13-030, filed 6/28/83, effective 9/19/83; Order 75-4, 516-13-030, filed 8/11/75; Order 3085, 516-13-030, filed 8/9/71.]


AMENDATORY SECTION(Amending WSR 02-07-045, filed 3/14/02, effective 4/14/02)

WAC 516-13-080   Operation.   (1) ((Pedestrians have the)) All state of Washington bicycle regulations are applicable on the campus.

(2) All city of Bellingham bicycle regulations are applicable on the campus.

(3) Riders must yield the right of way ((on all sidewalks, pathways, and plaza areas)) to pedestrians on campus. ((Bicyclists)) Riders will use due caution when riding ((bicycles)) on campus and are encouraged to wear helmets, use lights, and avoid distractions such as cell phones, ear buds, and other devices that inhibit hearing.

(((2) It is)) (4) Riders are prohibited ((for bicycles to be ridden)) from riding in areas specifically designated as permanent and/or temporary ((dismount)) walk zones. ((Bicyclists)) Riders must dismount and walk their bicycles, mopeds, and other powered devices in designated ((dismount)) walk zones ((during the fifteen minutes prior to and fifteen minutes after each hour)) from ((7:45)) 9 a.m. to ((5:15)) 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 of business and financial affairs.

(5) Riders are permitted to ride in the east-west intertie between Carver Gym, the Art Annex, Bond Hall, and Miller Hall but must yield right of way to pedestrians.

(((3))) (6) Bicyclists are responsible for following the Bicycle Responsibility Code adopted May 21, 1996, by the student bicycle advisory coalition as amended by the central health and safety committee on June 3, 1996, and February 10, 2009:

(a) Pedestrians have right of way, always.

(b) Stay in control.

(c) Avoid congested areas and use back roads when possible.

(d) Obey the ((dismount policy)) walk zone signs, bicycle speed limits, and obey all traffic laws.

(e) ((Dismount and)) Walk your bike ((when)) in walk zones and ride slowly in crowded areas.

(f) Minimize impact -- Stay off the lawns.

(g) Park and lock bikes only at bike racks.

(h) Know the code!

(7) Riders have speed limits as follows:

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

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

[Statutory Authority: RCW 28B.35.120(12). 02-07-045, 516-13-080, filed 3/14/02, effective 4/14/02; 96-24-016, 516-13-080, filed 11/22/96, effective 1/1/97. Statutory Authority: RCW 28B.35.120(11). 92-06-068 (Order 92-01), 516-13-080, filed 3/3/92, effective 3/31/92; 83-14-014 (Order 6-02-83, Motion No. 6-02-83), 516-13-080, filed 6/28/83, effective 9/19/83.]


AMENDATORY SECTION(Amending WSR 02-07-045, filed 3/14/02, effective 4/14/02)

WAC 516-13-090   Enforcement.   (1) A ((bicycle)) rider who refuses to abide by these regulations set forth under chapter 516-13 WAC may be issued a university notice of infraction (NOI) ((for one or more of the following infractions:

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

(2) Failure to stay in control of bicycle;

(3) Failure to obey dismount policy;

(4) Riding on lawn or other restricted area;

(5) 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 regardless of the nature of the previous offense(s). The first violation shall have a monetary penalty of ten dollars. A second violation shall have a monetary penalty of twenty-five dollars. A third and each subsequent 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 ((bicycle)) rider 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(s) doubled.

Any ((bicycle)) rider who attempts to elude a uniformed police officer attempting to enforce these regulations shall have the monetary penalty for the offense(s) doubled.

Chapter 516-13 WAC notwithstanding, ((bicycle)) riders remain subject to enforcement of applicable city and state traffic laws while riding upon public roadways or sidewalks.

A ((bicycle)) rider who refuses to cooperate with a police officer ((or to present proof of identification)) 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.park.wwu.edu)) www.ps.wwu.edu within seven days of receipt of the notice of infraction; otherwise, the right to a hearing is forfeited.

((Distribution of funds collected from monetary penalties. Moneys collected for violations of chapter 516-13 WAC shall be applied towards the cost of enforcing this section. Moneys received in excess of these costs shall be applied towards bicycle-related projects, including bicycle parking, bicycle pathways and safe bicycling education.))

[Statutory Authority: RCW 28B.35.120(12). 02-07-045, 516-13-090, filed 3/14/02, effective 4/14/02; 99-07-089, 516-13-090, filed 3/19/99, effective 4/19/99; 96-24-016, 516-13-090, filed 11/22/96, effective 1/1/97. Statutory Authority: RCW 28B.35.120(11). 92-06-068 (Order 92-01), 516-13-090, filed 3/3/92, effective 3/31/92.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 516-13-060 Motorized bicycles.

Washington State Code Reviser's Office