PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 12-08-017.
Title of Rule and Other Identifying Information: Revise chapter 132V-116 WAC, Parking and traffic rules and regulations.
Hearing Location(s): Tacoma Community College, Building 12-120, 6501 South 19th Street, Tacoma, WA 98466, on October 17, 2012, at 4:00 p.m.
Date of Intended Adoption: October 17, 2012.
Submit Written Comments to: Will Howard, Tacoma Community College, 6501 South 19th Street, Tacoma, WA 98466, e-mail whoward@tacomacc.edu, fax (253) 566-5344, by October 3, 2012.
Assistance for Persons with Disabilities: Contact Cathie Bitz by October 10, 2012, cbitz@tacomacc.edu or (253) 566-5101.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed changes to language in the parking and traffic rules and regulations update terminology and simplify and clarify other provisions of the chapter.
Statutory Authority for Adoption: RCW 28B.50.140(10).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Tacoma Community College, public.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Will Howard, Tacoma Community College, (253) 566-5344.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Policies are relevant to Tacoma Community College students and visitors only.
A cost-benefit analysis is not required under RCW 34.05.328. Policies are relevant to Tacoma Community College students and visitors only.
July 25, 2012
Mary A. Chikwinya
Vice-President
for Student Services
OTS-4770.1
AMENDATORY SECTION(Amending Order 77-2, filed 6/3/77)
WAC 132V-116-010
Authority.
Pursuant to the authority
granted by RCW 28B.50.140(10), the board of trustees of
Community College District 22 empowers the president of the
college district to make on-campus parking available for
visitors, faculty, students and staff at a fee established and
approved by the board. The board further authorizes the
president to formulate rules and regulations which ensure the
safety of operators of vehicles and pedestrians using the
college's streets, crosswalks and paths. (((Tacoma Community
College Board Policy Handbook, Chapter VII, Section 7.1010;
5-76.)))
[Order 77-2, § 132V-116-010, filed 6/3/77.]
(1) College: Tacoma Community College, or any additional community college hereafter established within Community College District 22, state of Washington, and those individuals responsible for its control and operation.
(2) College community: Trustees, students, employees, and guests on college-owned or controlled facilities.
(3) College facilities: Any or all property controlled or operated by the college.
(4) Student: Any person enrolled at the college.
(5) Public safety ((and security)) officer: An employee
of the college accountable to the ((dean of)) vice-president
for administrative services and responsible for campus
security, safety, parking and traffic control.
(6) Vehicle: Any conveyance which can be legally operated on the streets and highways of the state of Washington, or whose primary purpose is recreational.
(7) Visitors: Persons who come upon the campus as guest, and persons who lawfully visit the campus for purposes which are in keeping with the college's role as an institution of higher learning in the state of Washington.
(8) Permanent permit: A permit which is valid for a college quarter, year or portion thereof.
(9) ((Termporary)) Temporary permit: A permit issued in
lieu of a permanent permit for a period designated on the
permit.
(10) ((Handicapped)) Disabled permit: A permit issued to
a person with a physical, mental or sensory impairment.
(11) College term: Unless otherwise designated, the time period commencing with the summer quarter of the calendar year and extending through the subsequent fall, winter, and spring quarters. The summer quarter shall be considered the first quarter of the college year for parking and traffic control purposes.
(12) Campus: The grounds and buildings of the college.
[Order 77-2, § 132V-116-030, filed 6/3/77.]
[Order 77-2, § 132V-116-050, filed 6/3/77.]
(1) Any student parking on campus will be given ten
calendar days from the ((beginning of his/her enrollment))
first day of each quarter to obtain a permit from the office
of public safety ((and security)).
(2) Any employee parking on campus must obtain a permit within ten calendar days after commencing employment with the college, and where applicable, will renew the permit within ten days after its expiration.
[Order 77-2, § 132V-116-060, filed 6/3/77.]
[Order 77-2, § 132V-116-070, filed 6/3/77.]
(1) Students may be issued parking permits upon the
registration of their vehicles with the office of public
safety ((and security)) pursuant to this subsection (1).
(2) Employees may be issued parking permits pursuant to WAC 132V-116-060(2).
(3) Public safety ((and security)) officers may issue
temporary parking permits when such permits are necessary to
conduct the business or operation of the college.
(4) Public safety ((and security)) officers may issue
temporary parking permits, not to exceed a period of five
working days, for the use of an additional ((car)) vehicle
whenever the registered vehicle is being repaired.
[Order 77-2, § 132V-116-080, filed 6/3/77.]
(1) A permanent permit.
(2) A temporary permit.
(3) A ((handicapped)) disabled permit.
(4) Carpool permit issued by the city of Tacoma, transit agencies.
[Order 77-2, § 132V-116-100, filed 6/3/77.]
(2) A temporary permit shall be placed within the vehicle on the left side of the dashboard where it can be plainly observed.
(3) Permits for motorcycles shall be ((affixed to the
vehicles in visible locations)) retained by the motorcycle
rider who must provide the permit upon request. Permits
should not be affixed to motorcycles.
[Order 77-2, § 132V-116-110, filed 6/3/77.]
[Order 77-2, § 132V-116-120, filed 6/3/77.]
(1) Students;
(2) Employees;
(3) ((Handicapped)) Disabled persons;
(4) Visitors;
(5) Other business purposes;
(6) Carpool.
[Order 77-2, § 132V-116-160, filed 6/3/77.]
(1) No vehicle may be parked in any undesignated area except the following:
(a) Approved maintenance vehicles.
(b) Emergency vehicles.
(c) Approved construction vehicles.
(d) Approved delivery vehicles.
(2) Unless prior arrangements have been made, no vehicle
shall be parked on campus for a period in excess of
((seventy-two)) forty-eight hours. Vehicles which have been
parked in excess of ((seventy-two)) forty-eight hours may be
impounded and stored at the expense of the owner.
(3) No vehicle shall be parked so as to occupy any portion of more than one parking space. Vehicles may be towed and impounded for this violation.
(4) Parking in designated areas will be strictly enforced
between the hours of 7:00 a.m. and ((7:00)) 8:00 p.m., Monday
through Friday.
[Order 77-2, § 132V-116-170, filed 6/3/77.]
[Order 77-2, § 132V-116-180, filed 6/3/77.]
[Order 77-2, § 132V-116-200, filed 6/3/77.]
(1) ((Bicycles and other nonengine cycles)) They shall be
operated in a responsible manner.
(2) ((No bicycle)) They shall not be parked inside a
building ((nor blocking)) or block a building entrance.
(3) ((Bicycles)) They should be secured to racks as
provided so as not to endanger pedestrian traffic.
(4) ((Bicycle)) Operators will observe traffic rules and
regulations when operating on entrances, drives, and parking
areas.
(5) Bicycles and nonengine cycles that have been parked in excess of forty-eight hours may be turned over to lost and found for thirty days. If unclaimed they will be donated to charity.
[Order 77-2, § 132V-116-210, filed 6/3/77.]
[Order 77-2, § 132V-116-220, filed 6/3/77.]
[Order 77-2, § 132V-116-230, filed 6/3/77.]
(2) The ((dean of)) vice-president for administrative
services or ((his)) designee shall be responsible for the
enforcement of the rules and regulations contained in this
document.
[Order 77-2, § 132V-116-240, filed 6/3/77.]
[Order 77-2, § 132V-116-250, filed 6/3/77.]
(1) The ((dean of)) vice-president for administrative
services, or ((in his absence the president or the acting
president)) designee, is the only college employee authorized
to impound vehicles parked on college property.
(a) Vehicles wrongfully parked in designated areas or
parked in undesignated areas are subject to ((impoundment))
impound.
(b) ((Impoundment)) Impound and storage expenses shall be
the responsibility of the owner of the impounded vehicle.
(c) The college shall not be liable for loss or damage of
any kind resulting from such ((impoundment)) impound and
storage.
(d) ((Impoundment)) Impound of a vehicle does not remove
the obligation for any fines associated with the citation.
(2) An accumulation of traffic citations by a student in
excess of thirty dollars or the failure by a student to
satisfy any traffic fines, regardless of the amount thereof,
by the end of the academic quarter may result in disciplinary
action initiated by the ((dean of)) vice-president for student
services against the student.
(3) The ((dean of)) vice-president for administrative
services shall direct all citations to the office of business
services for collection or paid at the cashier's station.
(4) A schedule of fines shall be set by the board of
trustees((.
(5) The following schedule of fines is adopted by the board and shall be published on the traffic citation forms.
(a) Vehicle parked in a manner so as to obstruct traffic; $3.00
(b) Occupying more than one space; $2.00
(c) Occupying space not designated for parking; $2.00
(d) Illegal parking (parked in area not authorized by permit; $2.00
(e) Failure to yield right of way; $3.00
(f) Parking in fire lane; $3.00
(g) Speeding; $5.00
(h) Failure to stop for stop sign/signal; $5.00
(i) Reckless/negligent driving; $5.00
(j) No parking permit displayed; $5.00
(6) If the fine is paid within 24 hours of the issuance of the citation, the fine will be reduced to $1.00, except for moving violations)) and published on the public safety web site and on the portal.
(((7))) (5) In the event a student fails or refuses to
pay a fine, the following may be initiated by the ((dean of))
vice-president for student services:
(a) Student may not be eligible to register for any more courses until all fines are paid;
(b) Student may not be able to obtain a transcript of his grades or credits until all fines are paid;
(c) Student may not receive a degree until all fines are paid;
(d) Student may be denied future parking privileges;
(e) Student's vehicle may be impounded.
(((8))) (6) Upon failure of an employee or student to
appeal ((from)) any fine or penalty as set forth herein, or
upon a decision by the ((dean of)) vice-president for
administrative services affirming the employee's or student's
debt to the college, whichever is applicable, the amount of
the fine will be set-off against and deducted from any present
or future salary or other financial obligation owed to the
employee or student by the college.
[Order 77-2, § 132V-116-260, filed 6/3/77.]
(1) After notice to the appealing party, confer with said
party and review the appeal to determine whether a
satisfactory solution can be reached without further
administrative action. The public safety ((and security))
supervisor will advise the appellant, as soon as practicable,
of his proposed decision.
(2) If the appellant is dissatisfied with the public
safety ((and security)) supervisor's proposed decision, the
appeal will be forwarded to the ((dean of administrative
services who will meet with all parties, review the
circumstances of the appeal and render a decision within ten
days)) parking appeals committee. The decision of the parking
appeals committee will be final.
[Order 77-2, § 132V-116-270, filed 6/3/77.]