WSR 17-21-080 PROPOSED RULES SEATTLE COLLEGES [Filed October 16, 2017, 4:13 p.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-14-007. Title of Rule and Other Identifying Information: Chapter 132F-116 WAC, Traffic rules and regulations. Hearing Location(s): On November 28, 2017, at 1:00-3:00 p.m., at Seattle Colleges, Siegal Center, 1500 Harvard Avenue, 1st Floor Boardroom, Seattle, WA 98122. Date of Intended Adoption: December 14, 2017. Submit Written Comments to: Jennie Chen, 1500 Harvard Avenue, Seattle, WA 98122-3803, email wacinput@seattlecolleges.edu, fax 206-934-3894, by November 28, 2017, 5 p.m. Assistance for Persons with Disabilities: Contact Jennie Chen, phone 206-934-3873, email wacinput@seattlecolleges.edu, by November 21, 2017. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Proposed changes update language and reflect current practices. Reasons Supporting Proposal: Rule has not been updated/reviewed since 1975. Statutory Authority for Adoption: RCW 28B.50.140(10). Statute Being Implemented: RCW 28B.50.140(10). Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: Seattle Colleges, public. Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Kurt Buttleman, Siegal Center, 206-934-4111. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. The district is not one of the enumerated agencies listed in RCW 34.05.328(5). This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 34.05.328.
Explanation of exemptions: Pursuant to RCW 34.05.328 (5)(a)(i), this agency is not an agency mandated to comply with RCW 34.05.328. Further, the agency does not voluntarily make that section applicable to the adoption of this rule pursuant to subsection (5)(a)(ii), and to date, the joint administrative rules review committee has not made the section applicable to the adoption of this rule. October 16, 2017 Shouan Pan Chancellor
AMENDATORY SECTION (Amending WSR 15-02-072, filed 1/6/15, effective 2/6/15)
WAC 132F-116-020 ((Permits required for vehicles.)) Parking—Permits and restrictions.
((No person shall park or leave any vehicle, whether attended or unattended, upon any officially designated parking area of Seattle College District VI without a valid parking permit. No vehicle shall be parked in any parking area without a permit for that area, except state-owned vehicles used by the college.
(1) A valid permit is:
(a) An unexpired parking decal properly registered and displayed in accordance with instructions.
(b) An authorized temporary or visitor permit, displayed in accordance with the instructions on the permit.
(2) Parking permits are not transferable.
(3) The college reserves the right to refuse the issuance of a parking permit.)) (1) Each campus president shall delegate to one office or individual on campus the authority to enforce these traffic and parking rules and regulations. This person or office shall hereinafter be referred to as "parking enforcement."
(2) No person shall park or leave any vehicle, whether attended or unattended, upon any officially designated parking area of Seattle College District VI without a valid parking permit. No vehicle shall be parked in any parking area without a permit for that area, except state-owned vehicles used by the college.
A valid permit is:
(a) An unexpired parking decal permit properly registered and displayed in accordance with instructions.
(b) An authorized temporary or visitor permit, displayed in accordance with the instructions on the permit.
(3) The permit issued shall be placed in an easily visible location according to the directions of the campus parking enforcement officer.
(4) Parking permits are not transferable.
(5) The college reserves the right to refuse the issuance of a parking permit.
(6) No vehicle shall be parked on Seattle College District VI properties, except in those areas set aside and designated as parking areas.
(7) No vehicle shall be parked so as to occupy any portion of more than one parking space or stall as designated within a parking area.
(8) Purchasers of Seattle College District VI parking permits may be required to park in specified areas as designated by the college or district parking enforcement personnel.
(9) The parking spaces available on the various Seattle College District VI sites shall be assigned to faculty, staff and students in such manner as to best effectuate the objectives of these regulations. Assignments of parking spaces shall be the responsibility of the campus parking enforcement personnel as directed by the president of the college or district to represent the interests of faculty, staff and students.
NEW SECTION
WAC 132F-116-045 Ticketing and enforcement of traffic and parking rules and regulations.
(1) Parking violation tickets will be issued for the following violations:
(a) Parking in wrong area, improperly, or blocking;
(b) Parked in a "No Parking" zone;
(c) Parked in a fire lane;
(d) Failure to display valid parking permit;
(e) Violations of traffic safety laws, such as speeding, reckless/negligent driving, failure to yield right of way, failure to stop at a stop sign, and driving the wrong way on a one-way alley or street;
(f) Forged or stolen permit;
(g) Parking in a handicap space with no valid handicap placard or license plate.
(2) Parking enforcement shall be applied consistently in a uniform manner across the district.
(3) The amount of each violation shall be set by the Seattle College District, and is as follows:
(a) Parked in wrong area, improperly, or blocking: $25
(b) Parked in a "No Parking" zone: $25
(c) Parked in a fire lane: $100
(d) Failure to display valid permit: $30
(e) Violations of traffic safety laws: $30
(f) Forged or stolen permit: $100
(g) Parking in a handicap space without a handicap placard or plates: $250
(4) Employees who repeatedly violate traffic safety or parking rules may be subject to progressive discipline and/or permit revocation.
(5) Students who repeatedly violate traffic safety or parking rules may be subject to student conduct actions and/or permit revocation.
(6) All parking violation tickets must be paid, unless waived for extenuating circumstances, by the parking enforcement personnel at each campus. A record must be maintained of all waived parking/traffic violation tickets.
(7) Appeals to reverse or reduce parking violation tickets shall be done in person in the parking enforcement office at each campus in accordance with WAC 132F-108-050.
(8) Impounding: This action shall be at the discretion of the college or district parking enforcement regarding any infractions pursuant to these regulations. Impounding may be implemented by mechanical restraints to vehicles on district property or by towing to an approved impounding agency. Release from impound on district property will be made upon payment of an appropriate fee, as determined by the Seattle College District. When a vehicle immobilization device is used (so-called "boot"), the fee to have this removed will be one hundred dollars, in addition to any other fines or fees levied for the infraction.
(9) Towing companies and/or impounding agencies will be selected on the basis of criteria developed by the colleges and the district.
(10) Neither the college nor district nor its employees shall be liable for loss or damage of any kind resulting from impounding and storage.
(11) Any vehicle impounded on or from Seattle College District VI property, shall be at the owner's risk and expense.
(12) No vehicle other than college owned or leased vehicles shall be parked on District VI property for a period in excess of seventy-two hours, without prior approval from parking enforcement. Vehicles violating this regulation are subject to impounding at the owner's risk and expense.
AMENDATORY SECTION (Amending Order 29, filed 10/10/75)
WAC 132F-116-140 Permit revocations.
(1) Parking permits are the property of the district and may be recalled for any of the following reasons:
(a) When the purpose for which the permit was issued changes or no longer exists.
(b) When a permit is used by an unregistered vehicle or by an unauthorized person.
(c) Continued violations of parking regulations.
(d) Counterfeiting or altering decals.
(2) Vehicles displaying ((cancelled)) canceled permits will be subject to penalties indicated in ((section 116-120 [codified as WAC 132F-116-130])) WAC 132F-116-040.
AMENDATORY SECTION (Amending Order 29, filed 10/10/75)
WAC 132F-116-150 Fees and fee payments.
(1) The parking permit fees shall be established, as appropriate, by the district board of trustees. The fee structure shall be on file at individual college business offices and the district purchasing office.
(2) ((Method of payment. Annual permits - payroll deduction only. Students, hourly and irregular employees - cash in advance (minimum of one-quarter).)) Students who are registered for six or more credits shall purchase parking at the student rate, even if the student is working as an employee of the college or district.
(3) The parking enforcement personnel for the district parking program shall ensure that the methods of payment for permits are the most convenient for faculty, staff, and students as possible; as technology advances, parking enforcement at each campus may review or revise these methods of payment.
(4) Fees collected from the sale of parking permits shall be used to help offset the expenses of the district's commute trip reduction program, to help maintain the parking facilities at each campus, and to assist with funding of the positions necessary to enforce these parking rules and regulations, and other purposes deemed appropriate.
AMENDATORY SECTION (Amending Order 29, filed 10/10/75)
WAC 132F-116-160 Reciprocity of parking privileges.
(1) Employee and student parking permits issued at a specific campus or district location will be valid at all other Seattle College District VI parking areas, except that an employee having reserved space parking at their home location may not utilize reserved space parking at a secondary site.
(2) Student parking permits are not valid during the nonoperating hours of each campus. Any vehicle that displays a student permit while parked on campus during the nonoperating hours of the campus may be subject to parking fines and/or impoundment.
AMENDATORY SECTION (Amending WSR 85-21-016, filed 10/7/85)
WAC 132F-116-170 Disabled parking.
No vehicle shall park in a parking space designated for disabled persons without displaying a disabled license plate, card, or decal issued by the Washington state department of licensing (or from equivalent other jurisdictions in other states) that indicates that an occupant of the vehicle is disabled.
(1) Such vehicle must be used to transport the disabled person.
(2) Vehicles meeting these criteria will be allowed to park in the designated spaces upon payment of the standard ((nonreserved)) parking rate.
(3) The ((safety and security officer)) parking enforcement personnel of each campus and the district office shall make alternative parking available for short-term disabilities.
NEW SECTION
The following sections of the Washington Administrative Code are decodified and recodified as follows:
REPEALER
The following sections of the Washington Administrative Code are repealed:
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