WSR 14-11-024
PERMANENT RULES
WASHINGTON STATE UNIVERSITY
[Filed May 12, 2014, 9:39 a.m., effective June 12, 2014]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The university is updating the campus parking and traffic rules and expanding rules regarding bicycles.
Citation of Existing Rules Affected by this Order: Amending WAC 504-15-100, 504-15-210, 504-15-350, 504-15-540, 504-15-560, 504-15-810, 504-15-860, and 504-15-930.
Statutory Authority for Adoption: RCW 28B.30.150.
Adopted under notice filed as WSR 14-05-099 on February 19, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 8, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 8, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 8, Repealed 0.
Date Adopted: May 9, 2014.
Ralph T. Jenks, Director
Procedures, Records, and Forms
and University Rules Coordinator
AMENDATORY SECTION (Amending WSR 10-11-083, filed 5/17/10, effective 7/1/10)
WAC 504-15-100 Definitions.
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 parking. See persons with disability.
(5) Disability zone. A parking zone designated for exclusive use by persons with disability and identified with a sign bearing the associated international symbol.
(6) Electric-assisted bicycle. As defined under RCW 46.04.169.
(7) 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.
(8) Gate card. A plastic card that activates the gates controlling access to certain parking areas.
(9) Holiday. See university holiday.
(10) 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 person(s) ineligible, or no longer eligible, for such a permit as described and authorized in this chapter.
(11) Impound. To take and hold a vehicle in legal custody by use of a wheel lock and/or towing.
(12) Indicator. A decal or hanger displayed adjacent to a parking permit which defines additional parking areas available to a permit holder.
(13) 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.
(14) Moped. As defined under RCW 46.04.304.
(15) Motorcycle. As defined under RCW 46.04.330.
(16) Motorized foot scooter. As defined under RCW 46.04.336.
(17) Motor vehicle. As defined under RCW 46.04.320.
(18) 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.
(19) 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.
(20) Owner. The person 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.
(21) 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.
(22) Parking administrator. The ((manager)) director in charge of the parking department or designee.
(23) Parking appeals committee. Any person or persons appointed to consider parking violations and the application of fees, fines, and sanctions. Said person or persons are appointed by the vice-president whose responsibilities include supervision of the parking department or designee.
(24) 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.
(25) 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.
(26) 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.
(27) 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. Also referred to as "permit" in this chapter.
(28) Parking ticket. The first notice of a parking violation which is usually placed in a visible location on a motor vehicle.
(29) 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.
(30) 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.
(31) Persons with disability. For the purpose of this chapter, persons with disability shall refer to a person or persons with disability or disabilities who qualify for a state-issued persons with disability parking identification and permit.
(32) 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 resident students.
(33) Resident student. A student with a current, valid residence hall contract, who lives in a residence hall.
(34) 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 resident students and are eligible for parking permits in resident priority zones.
(35) 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).
(36) 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 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.
(37) 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.
(38) Standing. "Standing" is the stopping of a vehicle with the driver remaining in it.
(39) Storage of a vehicle. Impounded vehicles are held in storage until released. During such time they are subject to storage fees.
(40) Student. The term "student" includes all persons 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.
(41) 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.
(42) University. Refers to Washington State University.
(43) University holiday. A day regarded by the university as an official university holiday.
(44) 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.
(45) Unpaid. A full or partial outstanding balance due. This definition includes parking tickets which are pending appeal.
(46) 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.
(47) Visitors. Persons who are not staff or students and who only visit the campus on an occasional basis.
(48) 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) 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) Wheel lock-eligible vehicle. Any vehicle on which three or more parking tickets more than thirty 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.
AMENDATORY SECTION (Amending WSR 10-11-083, filed 5/17/10, effective 7/1/10)
WAC 504-15-210 Times of enforcement.
Parking regulations are subject to enforcement at all times.
(1) Parking permit areas. All parking permit zones are limited to authorized permit holders during specific hours. These hours are posted in each parking area at the entrance to parking areas, or along roadways where parking is marked.
(2) Restricted spaces. These spaces are restricted for their designated purpose at all times unless signed otherwise:
(a) Disability zones.
(b) Load/unload.
(c) Service.
(d) Reserved.
(e) Reserved (bagged) parking meters.
(f) Pedestrian mall.
(g) Areas which are specially signed or physically set apart by barricades, traffic cones, tape, or other traffic devices.
(3) Parking 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 maximum time limit (e.g., a two-hour meter allows a maximum of two hours to be purchased at one time). A motor vehicle which is parked at an expired meter is considered in violation initially, and after each period equal to the maximum time posted for the meter. In such case a parking ticket may be issued for each violation. For example, a vehicle parked at a meter with a two-hour maximum time limit for six hours and five minutes of ((CONTINUOUS)) continuous unpaid parking at the same meter would be eligible for up to three parking tickets.
(4) Special conditions. The parking regulations are enforced every day, twenty-four hours a day. During certain times the following special conditions exist, and the regulations are modified.
(a) Crimson permit zones.
(i) ((Permits are not required in crimson zones at the start of each semester from the Monday of the week prior to the first day of class through the third day of class.)) Crimson permits are required at all times except during university holidays.
(ii) Crimson, orange, and green permits are valid in crimson zones during summer session((,)) and vacation periods((, and between semesters)).
(b) Gray permit 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 third day of class, during vacation periods, and between semesters.)) Gray permits are required at all times except during university holidays.
(ii) ((During summer session, gray zones are open to all valid university parking permits, except blue permits and housing parking permits.
(c) Blue permit 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 third day of class, during finals week, vacation periods, and between semesters.
(d))) Gray, crimson, orange, green, yellow, and red permits are valid in gray zones during summer session and vacation periods.
(c) University-owned housing areas. Permits are not required in university-owned housing areas at the start of each semester from the Monday of the week prior to the first day of class through the third day of class((, and during finals week.
(e) Summer business hours. During the period when the university is on official summer business hours, all metered spaces and permit areas which are not restricted are open parking after 4:00 p.m. Official summer business hours are posted on the human resource services department web site throughout the summer)).
(((f))) (d) The parking department may select and designate portions of permit zones as temporary ((one-hour parking)) loading zones at the start of each semester to accommodate moving into and out of residence halls and during finals week.
(5) Pay parking facilities. Some parking areas provide parking on an hourly basis. Hours of operation and a schedule of fees are posted at the facility entrance and at the point of payment. Parking tickets are issued to vehicles that are parked over the duration of time that was paid and for nonpayment. Parking areas with parking meters are not considered pay parking facilities.
AMENDATORY SECTION (Amending WSR 08-08-050, filed 3/27/08, effective 7/1/08)
WAC 504-15-350 Use of areas for emergency, maintenance, events, construction, or special needs.
The university reserves the right to ((close)) restrict access to any campus parking area, roadway, or sidewalk at any time it is deemed necessary for maintenance, safety, events, construction, emergencies, or to meet special needs. The parking department provides notice to users when possible.
Public safety and maintenance personnel performing official duties may deviate from these regulations as required to conduct emergency procedures.
AMENDATORY SECTION (Amending WSR 10-11-083, filed 5/17/10, effective 7/1/10)
WAC 504-15-540 Zone parking permits—Availability and use.
The management and assignment of parking zones is designed to provide a parking space to each permit holder. However, uncontrolled access to parking areas and unexpected parking demand make it impossible to guarantee a parking space in a permit holder's assigned zone. Every effort is made via surveys and limits on permit sales, to ensure that permit holders are not displaced from their assigned zones. ((The only exception to this is that the sale of blue permits is not limited.))
Staff and students are generally assigned to specific parking areas, referred to as zones. Parking zones are color-coded with respect to their price and numbered with respect to the specific parking zone 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 made available on a daily basis.
(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 made available on a daily basis.
(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 made available on a daily basis.
(4) Red permits. Red permit holders may park in their numerically assigned red zone or in any blue zone. These permits may be made available on a daily basis.
(5) 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 with the exception of the crimson 3 zone, which is available to all students. Resident students are eligible for crimson, gray, or blue permits only.
(6) Gray permits. Gray permit holders may park in their numerically assigned gray zone, or in any blue zone. These permits may be made available on a daily 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. Resident students are eligible for crimson, gray, or blue permits only.
(7) Blue permits. Blue permit holders may park in any blue zone. These permits may be made available on a daily basis.
AMENDATORY SECTION (Amending WSR 10-11-083, filed 5/17/10, effective 7/1/10)
WAC 504-15-560 Other parking permits—Availability and use.
(1) Visitor permits. ((Visitor permits are available on an annual or daily basis to visitors of the university. Visitor permits may be used only by bona fide visitors as defined by this chapter. Use by any other person constitutes illegal use of a parking permit. Annual visitor permits are valid in green, yellow, red and blue zones, and parking spaces signed for visitor permits only. Daily visitor permits may be assigned to specific zones on a space-available basis. If a parking zone is not specified on the permit, it is valid in the same parking areas as an annual visitor permit. Visitor permits are not valid in pay parking facilities, parking meters, or restricted spaces.)) For information about visitor parking, refer to the parking department's web site.
(2) Golden cougar permits. Golden cougar permits are special visitor permits that are issued to retired staff in recognition of their service without additional cost. They are issued on an annual basis and are valid in green, yellow, red, blue zones, and visitor-permit-only parking spaces. Staff who are employed by the university or by other entities located on campus after formal retirement are not eligible to use a golden cougar permit in lieu of a regular paid zone permit.
(3) ((Conference)) Event permits. ((Conference)) Event permits are available to ((visitors)) patrons who participate in ((conferences)) events held on the university campus. They are available on a daily basis only. ((Conference)) Event permits ((may be)) are assigned to specific zones on a space-available basis. ((Conference)) Event permits are not valid in ((orange zones, pay parking facilities, parking meters, or)) restricted spaces.
(4) Motorcycle permits. Motorcycle permits are valid within boundaries of areas specifically posted and/or marked for motorcycle permits. Motorcycle permits are available on an annual and daily basis.
(5) Moped permits. Moped permits are valid within boundaries of areas specifically posted and/or marked for moped permits. Moped permits are available on an annual and daily basis.
(6) Commercial permits. Commercial permits are issued to vendors, suppliers, and service representatives of outside companies performing a service for the university. Commercial permits are available on an annual or daily basis. Annual commercial permits are valid in service zones, parking meters, and green, yellow, red and blue zones, and visitor-permit-only parking spaces. Daily commercial permits may be assigned to specific zones on a space-available basis. Commercial permits are not valid in orange zones or pay parking facilities.
(7) Construction permits. A construction permit is issued to personnel who are working on a construction site on campus. Construction permits are available on an annual or daily basis and are assigned to a specific parking area.
(8) Housing permits. A housing permit is issued to eligible residents of university-owned housing. Housing permits are valid only in specific housing parking areas.
(9) Carpool. Upon application, a bona fide carpool as defined by the campus policies and procedures is given preference in the assignment of parking zones, and issued a permit that facilitates the carpool. Obtaining or using a carpool permit under false pretenses constitutes the illegal use of a permit.
(10) Departmental permits. Departmental parking permits are available for use by department employees who need to use their personal vehicles for university business. Departmental permits are available in different forms and are valid at parking meters; service zones; orange, green, yellow, red, blue, crimson, and gray permit zones; and pay parking facilities. Departmental permits are not valid in reserved spaces. The use of departmental permits for anything other than official departmental business is prohibited by the State Ethics Act.
AMENDATORY SECTION (Amending WSR 10-11-083, filed 5/17/10, effective 7/1/10)
WAC 504-15-810 Violations, fines, and sanctions.
(1) Violations and fines. Parking violations are processed by the university. Fines must be paid at the parking department or at other authorized locations, by mail, or from the parking department's web site. Schedules for parking violations, fines, and sanctions are posted in the public area of the parking department office and on the parking department's web site.
(2) Reduction of fines. (((a) The fine for "meter violation" and the fine for "overtime in a timed zone" violation are reduced by one-half if paid within twenty-four hours of time of issuance. Eligible violations received on Friday or Saturday can be paid on the following Monday to satisfy the twenty-four hour requirement. Mailed payment of fines must be postmarked within twenty-four hours to receive the one-half reduction.
(b))) Internal policies regarding disposition of parking tickets may be established on approval of the vice-president or designee whose responsibilities include supervision of the parking department((, under the advisement of the university's internal auditor)).
(3) Payment of parking fines.
(a) All parking fines and fees are due upon issuance ((of a parking ticket)). Thirty days after date of issuance ((of a parking ticket)), a late fee shall be added to all unpaid parking fines. For example, a parking ticket issued on May 1 would be assessed a late fee on May 31. ((Failure to pay the fine))
(b) Parking fines and fees assessed for any violation results in referral to the university controller's office for collection. The controller or designee may, if other collection efforts fail, withhold the amount of the outstanding fines and fees from damage deposits or other funds held for any student in order to secure payment. Where collection efforts are unsuccessful, the controller or designee may notify the registrar to refrain from issuing student transcripts or to withhold permission to reenroll for a subsequent term until outstanding fines and fees are paid. The procedures discussed above are not exclusive, however, and failure by anyone to pay fines and fees may also 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.
(4) Failure to pay fines. Failure to pay a fine or comply with other penalties assessed pursuant to these regulations, and exhausting or failing to exercise appeals provided for in these regulations, may result in the inability to renew a vehicle license through the state pursuant to RCW 46.16.216.
AMENDATORY SECTION (Amending WSR 08-08-050, filed 3/27/08, effective 7/1/08)
WAC 504-15-860 Appeal procedures.
The parking ticket represents a determination that a parking violation has been committed and the determination is final unless otherwise provided or appealed as provided in this chapter.
(1) Purpose. The parking appeals process serves three primary functions:
(a) To hear parking ticket appeals;
(b) To hear appeals of wheel lock eligibility determinations; and
(c) To hear appeals of impoundments.
(2) Procedure. Any person who has received a parking ticket may appeal the alleged parking violation. Appeal of wheel lock eligibility determinations and impoundments are described in WAC 504-15-865 and 504-15-870.
(3) Written parking ticket appeals. The appeal must be in writing and received at the parking department within ten calendar days of issuance of the parking ticket. Paper and online forms for this purpose are available from the parking department. The parking appeals committee makes an initial decision regarding the appeal within twenty calendar days during the academic year and within thirty calendar days during the summer months after receipt of the appeal. The committee provides a brief statement of the reason(s) for its decision to the appellant within ten calendar days of the decision.
(4) Review hearing of initial decision. If the appellant is dissatisfied with the initial decision, the appellant may request a hearing before a hearing officer or the parking appeals committee. Such request must be made within ten calendar days of the date of the initial parking appeals committee decision. If no such request is received, the initial decision shall be final. During the hearing the appellant and representatives of the parking department may present and cross-examine witnesses. The hearing officer or appeals committee shall render a decision in writing and provide appellant with the decision within ten calendar days after the hearing.
(5) Appeal to district court. RCW 28B.10.560 provides that a person who is not satisfied with the final decision of the university may appeal to district court. The application for appeal to district court shall be in writing and must be filed at the parking department office within ten calendar days after the date of the review hearing. The parking department forwards the documents relating to the appeal to the district court.
AMENDATORY SECTION (Amending WSR 10-11-083, filed 5/17/10, effective 7/1/10)
WAC 504-15-930 Bicycles, skateboards, scooters, and roller skates.
(1) ((The riding and use of skateboards, scooters, and roller skates is prohibited from the Terrell Pedestrian Mall and Library Pedestrian Mall.
(2))) The riding and use of bicycles, skateboards, scooters, and roller skates is prohibited on all building plazas, all pedestrian overpasses, interior building spaces, parking structures, parking structure ramps, all stairways, steps, ledges, benches, planting areas, and any other fixtures.
(((3))) (2) Bicycles, skateboards, scooters, and roller skates may be ridden and used on sidewalks outside the prohibited areas when a bike path is not provided.
(((4))) (3) Electric-assisted bicycles must be used in a human propulsion only mode on pedestrian malls and sidewalks.
(((5))) (4) Motorized foot scooters must be used in a human propulsion only mode on sidewalks.
(((6))) (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 on any part of campus is prohibited.
(((7))) (6) Bicyclists must obey all traffic laws applying to persons riding bicycles when operating bicycles on roadways.
(((8))) (7) Bicycles may be secured only at university-provided bicycle racks and bicycle storage facilities designed for such purpose.
(8) Bicycles that are not secured at university-provided bicycle racks or bicycle storage facilities may be impounded at the owner's expense.
(9) Abandoned and inoperable bicycles. Internal policies regarding abandoned and inoperable bicycles, including the impoundment of bicycles at the WSU Pullman campus, may be established upon approval by the vice-president or designee whose responsibilities include supervision of the parking department.