Washington State Register

WSR 97-09-071

PROPOSED RULES

UNIVERSITY OF WASHINGTON

[Filed April 22, 1997, 10:35 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-05-049.

Title of Rule: Chapter 478-116 WAC, Parking and traffic regulations of the University of Washington.

Purpose: Rules governing vehicle parking and traffic at the University of Washington.

Other Identifying Information: In addition to the proposed changes noted herein, chapter 478-116 WAC is renamed "Parking and traffic rules of the University of Washington."

Statutory Authority for Adoption: RCW 28B.10.560 and 28B.20.130.

Statute Being Implemented: RCW 28B.10.560 and 28B.20.130.

Summary: Parking and traffic rules of the University of Washington--New chapter name.

Part I Preamble, General Information and Definitions--New part name; WAC 478-116-010, amended, housekeeping changes; WAC 478-116-020, amended, several changes; WAC 478-116-030, amended, several changes, reduced by two subsections; WAC 478-116-040, no change; WAC 478-116-044, new section, formerly WAC 478-116-095, several changes; WAC 478-116-046, new section, formerly subsection (2) of WAC 478-116-110, several changes; WAC 478-116-050, repealed; WAC 478-116-051, new section, formerly WAC 478-116-055 and subsection (1) of WAC 478-116-070, several changes, expanded by eight subsections; WAC 478-116-055, repealed, revised material became WAC 478-116-051; WAC 478-116-060, repealed, revised material moved to WAC 478-116-201, 478-116-111, 478-116-227, and 478-116-167; WAC 478-116-061, new section, formerly WAC 478-116-180, housekeeping change; WAC 478-116-070, repealed, revised material became part of subsection (12) of WAC 478-116-051 and 478-116-221; WAC 478-116-071, new section, formerly WAC 478-116-610, several changes, reduced by one subsection; WAC 478-116-080, repealed, revised material became WAC 478-116-630; WAC 478-116-088, repealed, revised material became WAC 478-116-665; WAC 478-116-090, repealed; and WAC 478-116-095, repealed, revised material became WAC 478-116-605.

Part II Parking Services--New part name; WAC 478-116-100, repealed, revised material became WAC 478-116-611; WAC 478-116-101, new section, formerly WAC 478-116-220, several changes, expanded into five subsections; WAC 478-116-110, repealed, revised material became WAC 478-116-251 and 478-116-615; WAC 478-116-111, new section, formerly subsection (3) of WAC 478-116-060, several changes; WAC 478-116-114, new section, formerly WAC 478-116-280, several changes; WAC 478-116-116, new section, formerly WAC 478-116-290, several changes; WAC 478-116-120, repealed; WAC 478-116-121, new section, formerly WAC 478-116-240, several changes, reduced by two subsections; WAC 478-116-125, new section, formerly WAC 478-116-250, several changes, reduced by two subsections; WAC 478-116-130, repealed, revised material became WAC 478-116-261, 478-116-253, 478-116-255, and 478-116-257; WAC 478-116-131, new section, formerly WAC 478-116-260, completely revised, expanded by two subsections; WAC 478-116-140, repealed, revised material became WAC 478-116-271; WAC 478-116-141, new section, formerly WAC 478-116-310, housekeeping changes; WAC 478-116-145, new section, formerly WAC 478-116-270, several changes, reduced by one subsection; WAC 478-116-147, new section, formerly subsection (1) of WAC 478-116-360, several changes; WAC 478-116-151, new section, formerly WAC 478-116-160, several changes; WAC 478-116-160, repealed, revised material became WAC 478-116-151; WAC 478-116-161, new section, formerly WAC 478-116-380, several changes; WAC 478-116-163, new section, formerly WAC 478-116-390, housekeeping change; WAC 478-116-165, new section, formerly WAC 478-116-300, several changes; WAC 478-116-167, new section, formerly subsection (5) of WAC 478-116-060, expanded; WAC 478-116-170, repealed, revised material became WAC 478-116-620; WAC 478-116-171, new section, formerly WAC 478-116-330, several changes; WAC 478-116-180, repealed, revised material became WAC 478-116-061; WAC 478-116-181, new section, formerly WAC 478-116-400, several changes; WAC 478-116-184, new section, formerly WAC 478-116-370, several changes, reduced by five subsections; WAC 478-116-186, new section, addition to former subsection (2) of WAC 478-116-360; WAC 478-116-190, repealed, material became WAC 478-116-245; and WAC 478-116-191, new section, formerly WAC 478-116-570, several changes.

Part III Parking Violations--New part name; WAC 478-116-200, repealed, material became WAC 478-116-281 and 478-116-285; WAC 478-116-201, new section, formerly subsections (1) and (2) of WAC 478-116-060, several changes; WAC 478-116-210, repealed; WAC 478-116-211, new section, formerly WAC 478-116-350, several changes, expanded into three subsections; WAC 478-116-220, repealed, revised material became WAC 478-116-101; WAC 478-116-221, new section, formerly subsections (2) and (3) of WAC 478-116-070, several changes; WAC 478-116-223, new section, formerly WAC 478-116-340, several changes; WAC 478-116-225, new section, addition to former WAC 478-116-345; WAC 478-116-227, new section, formerly subsection (4) of WAC 478-116-060, several changes; WAC 478-116-230, repealed; WAC 478-116-231, new section; WAC 478-116-240, repealed, revised material became WAC 478-116-121; WAC 478-116-241, new section, formerly WAC 478-116-355, no changes; WAC 478-116-245, new section, formerly WAC 478-116-190, no changes; WAC 478-116-250, repealed, revised material became WAC 478-116-125; WAC 478-116-251, new section, formerly subsection (1) of WAC 478-116-110, several changes, expanded into two subsections; WAC 478-116-253, new section, formerly subsection (2) of WAC 478-116-130, several changes; WAC 478-116-255, new section, addition to former subsection (2) of WAC 478-116-130; WAC 478-116-260, repealed, revised material became WAC 478-116-131; WAC 478-116-261, new section, formerly subsection (1) of WAC 478-116-130, several changes; WAC 478-116-270, repealed, revised material became WAC 478-116-270 [478-116-145]; WAC 478-116-271, new section, formerly WAC 478-116-140, several changes; WAC 478-116-280, repealed, revised material became WAC 478-116-114; WAC 478-116-281, new section, formerly WAC 478-116-200, no changes; WAC 478-116-290, repealed, revised material became WAC 478-116-116; and WAC 478-116-291, new section, formerly WAC 478-116-580, several changes.

Part IV Motor Vehicle Citation Issuance--New part name; WAC 478-116-300, repealed, revised material became WAC 478-116-165; WAC 478-116-301, new section, formerly WAC 478-116-440, several changes, expanded into two subsections; WAC 478-116-310, repealed, revised material became WAC 478-116-141; WAC 478-116-311, new section, formerly WAC 478-116-601, several changes; WAC 478-116-320, repealed; WAC 478-116-330, repealed, revised material became WAC 478-116-171; WAC 478-116-340, repealed, revised material became WAC 478-116-223; WAC 478-116-345, repealed, revised material became WAC 478-116-225; WAC 478-116-350, repealed, revised material became WAC 478-116-211; WAC 478-116-355, repealed, material became WAC 478-116-241; WAC 478-116-360, repealed, revised material became WAC 478-116-147 and 478-116-186; WAC 478-116-370, repealed, revised material became WAC 478-116-184; WAC 478-116-380, repealed, revised material became WAC 478-116-161; and WAC 478-116-390, repealed, revised material became WAC 478-116-163.

Part V Impounded Motor Vehicles--New part name; WAC 478-116-400, repealed, revised material became WAC 478-116-181; WAC 478-116-401, new section, formerly WAC 478-116-582, housekeeping change; WAC 478-116-411, new section, formerly WAC 478-116-584, several changes, reduced by one subsection; WAC 478-116-421, new section, formerly WAC 478-116-586, housekeeping changes; WAC 478-116-431, new section, formerly WAC 478-116-588, housekeeping changes; WAC 478-116-440, repealed, revised material became WAC 478-116-301; WAC 478-116-450, repealed, revised material became WAC 478-116-531; and WAC 478-116-460, repealed, revised material became WAC 478-116-551.

Part VI Appeals and Payment of Motor Vehicle Fines--New part name; WAC 478-116-501, new section, formerly WAC 478-116-550, expanded; WAC 478-116-520, amended, several changes, reduced by 1 subsection; WAC 478-116-531, new section, formerly WAC 478-116-450, housekeeping changes; WAC 478-116-540, repealed, revised material became WAC 478-116-561; WAC 478-116-541, new section, formerly WAC 478-116-589, housekeeping changes; WAC 478-116-550, repealed, revised material became WAC 478-116-501; WAC 478-116-551, new section, formerly WAC 478-116-460, housekeeping change; WAC 478-116-561, new section, formerly WAC 478-116-540, housekeeping changes; WAC 478-116-570, repealed, revised material became WAC 478-116-191; WAC 478-116-580, repealed, revised material became WAC 478-116-291; WAC 478-116-582, repealed, revised material became WAC 478-116-401; WAC 478-116-584, repealed, material became WAC 478-116-411; WAC 478-116-586, repealed, revised material became WAC 478-116-421; WAC 478-116-588, repealed, revised material became WAC 478-116-431; WAC 478-116-589, repealed, revised material became WAC 478-116-541; and WAC 478-116-590, repealed.

Part VII Bicycles and Nonmotorized Vehicles--New part name; WAC 478-116-601, repealed, revised material became WAC 478-116-311; WAC 478-116-605, new section, formerly WAC 478-116-080, several changes, expanded by three subsections; WAC 478-116-610, repealed, revised material became WAC 478-116-071; WAC 478-116-611, new section; WAC 478-116-620, new section; WAC 478-116-630, new section; WAC 478-116-640, new section; WAC 478-116-650, new section; WAC 478-116-660, new section; and WAC 478-116-670, new section, formerly WAC 478-116-088, several changes.

Reasons Supporting Proposal: Chapter 478-116 WAC has not been revised for several years and many changes and additions need to be made.

Name of Agency Personnel Responsible for Drafting: Peter Dewey, Manager, Parking Services, 3901 University Way N.E., University of Washington, (206) 685-1543 and Randy Stegmeier, Assistant Chief, University Police, 1117 N.E. Boat Street, University of Washington, (206) 543-9331; Implementation: Weldon E. Ihrig, Executive Vice-President, 306 Gerberding Hall, University of Washington, (206) 543-6410; and Enforcement: Roger Serra, Chief, University Police, 1117 N.E. Boat Street, University of Washington, (206) 543-9331 and Peter Dewey, Manager, Parking Services, 3901 University Way N.E., University of Washington, (206) 685-1543.

Name of Proponent: University of Washington, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 478-116 WAC supports the University of Washington's parking and traffic enforcement organizations, and has been reorganized into various parts to be better understood by those who operate and park vehicles upon land and facilities governed by the University of Washington. The reorganization and revision of this chapter should benefit those required to comply, as mandated by RCW 34.05.220(5).

Proposal Changes the Following Existing Rules: The following rules are amended: WAC 478-116-010, 478-116-020, 478-116-030, and 478-116-520. The following rules are repealed: WAC 478-116-050, 478-116-055, 478-116-060, 478-116-070, 478-116-080, 478-116-088, 478-116-090, 478-116-095, 478-116-100, 478-116-110, 478-116-120, 478-116-130, 478-116-140, 478-116-160, 478-116-170, 478-116-180, 478-116-190, 478-116-200, 478-116-210, 478-116-220, 478-116-230, 478-116-240, 478-116-250, 478-116-260, 478-116-270, 478-116-280, 478-116-290, 478-116-300, 478-116-310, 478-116-320, 478-116-330, 478-116-340, 478-116-345, 478-116-350, 478-116-355, 478-116-360, 478-116-370, 478-116-380, 478-116-390, 478-116-400, 478-116-440, 478-116-450, 478-116-460, 478-116-540, 478-116-550, 478-116-570, 478-116-580, 478-116-582, 478-116-584, 478-116-586, 478-116-588, 478-116-589, 478-116-590, 478-116-601, and 478-116-610.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The University of Washington has determined that chapter 478-116 WAC is not subject to the Regulatory Fairness Act, chapter 19.85 RCW.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. RCW 34.05.328 is not invoked by the University of Washington for chapter 478-116 WAC.

Hearing Location: Room 106B, Husky Union Building (HUB), University of Washington, Seattle, Washington, on May 28, 1997, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact UW Disability Services Office by May 14, 1997, TDD (206) 543-6452, or (206) 543-6450.

Submit Written Comments to: Rebecca Goodwin Deardorff, Administrative Procedures Officer, Administrative Procedures Office via one of the following: Campus mail: Box 355509; United States mail: University of Washington, 4014 University Way N.E., Seattle, WA 98105-6203; e-mail adminpro@u.washington.edu; or FAX (206) 543-0786, by May 28, 1997.

Date of Intended Adoption: June 13, 1997.

April 22, 1997

Rebecca Goodwin Deardorff

Administrative Procedures Officer

PART I

PREAMBLE, GENERAL INFORMATION AND DEFINITIONS

AMENDATORY SECTION (Amending Order 84-3, filed 4/30/84)

WAC 478-116-010 Preamble. Pursuant to the authority granted by RCW 28B.10.560 and 28B.20.130, the board of regents of the University of Washington establishes the following ((~~regulations~~)) rules to govern ((~~pedestrian traffic and vehicular~~)) vehicle traffic and parking upon public lands and facilities of the University of Washington.

[Statutory Authority: RCW 28B.10.300 and 28B.10.560. 84-10-030 (Order 84-3), 478-116-010, filed 4/30/84. Statutory Authority: RCW 28B.10.560. 78-07-019 (Order 78-3), 478-116-010, filed 6/15/78; Order 75-2, 478-116-010, filed 6/4/75.]

AMENDATORY SECTION (Amending WSR 91-11-029 and 91-12-047, filed 5/8/91 and 6/5/91, effective 6/8/91 and 10/1/91)

WAC 478-116-020 Objectives of parking and traffic ((~~regulations~~)) rules. (1) The objectives of these ((~~regulations~~)) rules are:

(a) To protect and control traffic and parking on campus.

(b) To assure access at all times for emergency vehicles and equipment.

(d) To facilitate the work of the university by assuring access to its vehicles and by assigning the limited parking space and hours of operation for the most efficient use.

(e) To encourage travel to the university by means other than single occupancy vehicle (SOV).

(2) Permission to park or operate a vehicle ((~~or bicycle upon state lands governed by these regulations~~)) at the University of Washington is a privilege granted by the board of regents of the University of Washington((~~, and does not ensure regular availability of a parking space under the conditions stated in WAC 478-116-020 and 478-116-180 and elsewhere in these regulations~~)).

[Statutory Authority: RCW 28B.20.130 and 28B.10.560. 91-11-029 and 91-12-047, 478-116-020, filed 5/8/91 and 6/5/91, effective 6/8/91 and 10/1/91. Statutory Authority: RCW 283.10.300 [28B.10.300]. 89-15-023 (Order 89-1), 478-116-020, filed 5/8/91 and 7/13/89, effective 8/13/89. Statutory Authority: RCW 28B.10.560. 78-07-019 (Order 78-3), 478-116-020, filed 6/15/78; Order 75-2, 478-116-020, filed 6/4/75.]

AMENDATORY SECTION (Amending Order 89-1, filed 7/13/89, effective 8/13/89 WAC 478-116-030 Applicable parking and traffic ((~~regulations--Areas affected~~)) rules. The following ((~~regulations~~)) rules apply upon state lands devoted mainly to the ((~~educational or research~~)) activities of the University of Washington((~~, hereinafter called "campus"~~)):

(1) ((~~The motor~~)) Vehicle and other traffic laws of the state of Washington ((~~shall be applicable upon all lands located within the state of Washington~~)).

(2) ((~~The traffic code of the city of Seattle applies upon all lands located within the city of Seattle.~~

~~(3) The~~)) University of Washington parking and traffic ((~~regulations shall be applicable to all state lands which are or may hereafter be devoted mainly to educational, research, housing, recreational, or parking activities of the University of Washington~~)) rules.

(((4) In case of conflict among the provisions of the motor vehicle and other traffic laws of the state of Washington or the traffic code of the city of Seattle and these regulations, the provisions of these regulations shall govern.))

[Statutory Authority: RCW 283.10.300 [28B.10.300]. 89-15-023 (Order 89-1), 478-116-030, filed 7/13/89, effective 8/13/89; Order 75-2, 478-116-030, filed 6/4/75.]

NEW SECTION

WAC 478-116-044 Authorized use of streets and parking facilities. Except with the express permission of the university police department, only motor vehicles and vehicles, such as bicycles and other modes of transportation, as defined herein, may be operated on campus streets. Only bicycles and motor vehicles may be operated within designated parking lots or structures.

[]

NEW SECTION

WAC 478-116-046 Directions issued by university police officers. Operators of vehicles shall comply with directions issued by university police officers in the enforcement of these rules and in the general control and regulation of traffic.

[]

NEW SECTION

WAC 478-116-051 Definitions. (1) Allowed meter time. The maximum time allowed on a pay meter at any one time.

(2) Assign/assignment. Areas designated for a person to park.

(3) Bicycle. Any device defined as a bicycle in chapter 46.04 RCW.

(4) Campus. The state lands located in Seattle, Washington devoted mainly to the activities of the University of Washington.

(5) Designate/designated. Parking area assignment for person to park per WAC 478-116-261.

(6) Fee. A charge for the use of the permit issued.

(7) Hours of operation. The hours of operation assigned to a particular parking area, parking lot, or parking space by parking services.

(8) Impoundment. The removal of the vehicle to a storage facility either by an officer or authorized agent of the University of Washington police department.

(9) Key card. A plastic card which actuates the automatic gate arms controlling certain parking areas, and is issued by parking services.

(10) Legal owner. Person(s) having a security interest in a vehicle perfected in accordance with chapter 46.12 RCW or the registered owner of a vehicle unencumbered by a security interest.

(11) Motorcycles and scooters. A motor vehicle designed to travel on not more than three wheels in contact with the ground, on which the driver rides astride the motor unit or power train and is designed to be steered with a handle bar. For the purposes of these rules, motorcycles, motorized bicycles, and scooters are considered to be motor vehicles and are subject to all traffic and parking rules controlling other motor vehicles.

(12) Motorhome. A motor vehicle or portable vehicle with facilities for human habitation which include lodging and cooking and garbage disposal.

(13) Nonmotor/nonmotorized vehicle. A device other than a motor vehicle used to transport persons. Nonmotor vehicles include, but are not limited to, bicycles, skateboards, and roller-skates.

(14) Operator or driver. Every person who drives or is in actual physical control of a motor vehicle or nonmotor vehicle.

(15) Parking space. A space designated for parking one motor vehicle by lines painted on either side of the space, at the rear of the space, a concrete block positioned in the front of the space, a sign or signs, or other markings.

(16) Pedestrian. Any person afoot, as defined in chapter 46.04 RCW.

(17) Permit. A document issued by parking services that authorizes a person to park.

(18) Register/registration. The listing of any motor vehicle with parking services, for the purposes of obtaining a parking permit for the university.

(19) Registered owner. The person whose lawful right of possession of a vehicle has most recently been recorded with the department of licensing.

(20) Reissue. The replacement of a permit when the original has been stolen, lost, or following a change of parking lot designation, or vehicle(s).

(21) Renewal/renew. The replacement of an expired parking permit at the end of the permit's effective period.

(22) Reserved. Area for individuals who have been assigned a "reserved" designator.

(23) Roller-skate. A device used to attach a wheel or wheels to the foot or feet of a person.

(24) Skateboard. Any oblong board of whatever composition, with a pair of small wheels at each end, which device may be ridden by a person.

(25) Traffic. Vehicular and nonvehicular modes of transportation defined in chapter 46.04 RCW.

(26) University. The University of Washington.

(27) University vehicle. A state of Washington-owned, University-operated motor vehicle.

(28) Vehicle. Any motor vehicle or nonmotor vehicle.

[]

NEW SECTION

WAC 478-116-061 Liability of university. The university assumes no liability for vehicles parked on university properties. No bailment but only a license is created by the purchase and/or issuance of a permit.

[]

NEW SECTION

WAC 478-116-071 Severability, savings clause. If any provision of this chapter 478-116 WAC, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances is not affected.

[]

PART II

PARKING SERVICES

NEW SECTION

WAC 478-116-101 Numbering of parking areas, parking allocation and issuance of permits. (1) Parking services shall designate and mark the various parking areas on the campus with numbers and/or letters and their hours of operation by the posting of signs in those areas.

(2) Parking services shall allocate parking spaces and hours of operation on campus in a manner that will best satisfy the objectives of these rules.

(3) Parking services is authorized to issue permits to park upon campus.

(4) Permits issued by parking services shall be accompanied by small area designators specifying the area or areas of parking for which the permit is valid. Parking services may change area assignments in a manner which will promote the objectives of these rules.

(5) All outstanding campus parking violation penalties associated with the permit or motor vehicle registered (or to be registered) under the permit must be satisfactorily settled before a parking permit may be issued, reissued, or renewed.

[]

NEW SECTION

WAC 478-116-111 Valid permit. A valid permit is one of the following:

(1) An unexpired and unrecalled vehicle permit and area designator properly registered and displayed on a vehicle in accordance with WAC 478-116-223.

(2) A temporary permit authorized by parking services and displayed in accordance with instructions on the permit.

(3) A parking permit issued by a gate attendant, which shall be displayed on the vehicle in accordance with instructions on the permit.

[]

NEW SECTION

WAC 478-116-114 Transferable permits. (1) Permit holders may transfer one permit between motor vehicles when used by the permit holder. Improper transfer of a permit shall include, but not be limited by, the wrongful sale, lending, or bad faith transfer of a parking permit.

(2) Permits displaying license plate numbers shall only be used in the vehicles whose license number is written on the permit. Only one vehicle may display and use the permit at any time while parked on campus.

[]

NEW SECTION

WAC 478-116-116 Temporary and replacement permits. (1) Any permit holder may obtain without charge a temporary permit from parking services when necessary due to nonavailability of his or her permit. The temporary permit shall not be used concurrently with the regular permit.

(2) Any permit holder may obtain a replacement permit upon completion of a signed certificate as provided in the fee schedule when his or her assigned permit has been lost, stolen or destroyed.

[]

NEW SECTION

WAC 478-116-121 Visitor parking. (1) No permit shall be required for the following motor vehicles:

(a) Public safety and emergency vehicles while performing services on campus;

(b) Marked taxis, tow trucks, commercial delivery and media vehicles which have agreed to comply with university guidelines and received prior written approval of parking services; and

(2) Permits shall be provided during parking service's hours of operation at no cost to the driver for the following:

(a) Commercial delivery motor vehicles under contract to the university, for limited time periods;

(b) Vehicles operated by members of the nonuniversity press presenting recognized credentials, while pursuing a story;

(c) Properly identified persons retired from the university but not reemployed by the university shall be provided complementary parking. Their parking fee shall be recharged to the appropriate university department;

(d) Persons who drop off and pick up children enrolled in established university programs for limited time periods;

(e) Utility meter readers and other city, county or state agencies making inspections; and

(f) Contractors hired for a particular job parked inside approved fenced construction sites or peripheral contractor parking areas approved in advance by parking services.

(3) University departments may pay parking services directly for the parking fees of their guests. The rate charged will be that of the "departmental commuter ticket." Parking services may establish mechanisms to allow departments to pay for all or part of the parking fee of sponsor department's guests based on the established fee schedule.

(4) University departments may pay parking services directly for the parking fees of their department's employees not stationed on campus who are required to occasionally come to campus. The rate charged will be that of the "departmental commuter ticket."

[]

NEW SECTION

WAC 478-116-125 Other types of permits. (1) Temporary employees, maintenance or service personnel, contractors, persons serving the university without pay, and other visitors who must frequently visit the campus on official business, may be issued parking permits at the established rate.

(2) Parking designators, such as "reserve," "U," "US," and "SS" may be issued by parking services upon payment of the prescribed fee.

(3) Motorhomes used by patients and their visitors shall be permitted in designated areas for not more than fifteen consecutive days, upon approval of parking services and payment of the established fee.

(4) Persons retired from the university who are reemployed may purchase individual commuter tickets at the established rate or annual permits at forty percent of the annual permit cost.

[]

NEW SECTION

WAC 478-116-131 Parking for events and other university functions. (1) Parking for attendees to events that may displace regular parking customers or that may require added parking services staffing shall be accommodated only if parking services can find suitable alternatives for regular parking customers. Parking fees will be charged as follows:

(a) Freshman convocation and university commencement and related graduation functions. Parking for attendees will be complimentary. Parking services will charge the cost of staff and services used expressly for the event to the sponsoring department;

(b) An event rate will be charged to attendees of events that require staffing to collect fees; and

(c) Parking services shall negotiate the cost of prepurchased parking and alternative transportation for Husky football with the department of intercollegiate athletics.

(2) Parking services may lease available parking facilities to sponsors of events, who shall pay in advance and be charged at a per stall fee for the particular leased facility.

(3) Parking services may extend its hours of operations to encompass the hours of an event. The following conditions shall trigger charging for events scheduled outside the normal hours of operation:

(a) Any activity which in the judgment of parking services is expected to attract over five hundred vehicles to campus; or

(b) Any event requiring a city of Seattle special event permit.

(4) University departments which sponsor functions such as athletic events, conferences, seminars and dinners may arrange for parking of their guests and this parking will be provided on a space available basis. Departments have the option of paying for guests' parking. Otherwise, their guests will be responsible for the parking fee. To facilitate prepaid parking and with parking services' prior approval, departments may act as its agent in the collection of parking fees.

(5) Parking services may displace permit holders from their regularly assigned areas during special events. Permit holders shall be provided an alternate area assignment during special events at no extra charge.

[]

NEW SECTION

WAC 478-116-141 Annual and quarterly permit periods. The annual permit period begins July 1 of each year. Quarterly permit periods for staff and faculty parking begin July 1, October 1, January 1 and April 1 of each year. Quarterly permit periods for student parking begin each quarter at a date which predates the beginning of school, and is determined by parking services. Student quarterly permits are valid for ninety days.

[]

NEW SECTION

WAC 478-116-145 Evening permits. (1) Evening, annual, or quarterly permits will allow parking during the period of time printed on the permit, as well as on Saturday mornings in assigned areas.

(2) Gate-issued or machine-issued evening permits are valid only until 7:30 a.m. of the following day.

[]

NEW SECTION

WAC 478-116-147 Carpool permits. Parking services shall set aside carpool spaces in designated parking areas, establish guidelines for permit issuance, and develop appropriate procedures to encourage carpooling, and to insure against abuse of carpool privileges.

[]

NEW SECTION

WAC 478-116-151 Parking of state of Washington-owned university-operated motor vehicles. (1) Parking services may exempt university vehicles from the permit requirement set forth in WAC 478-116-201 and the requirement that motor vehicles must be parked in designated parking areas as set forth in WAC 478-116-261.

(2) Unless express permission is given by parking services, university vehicles shall abide by the rules set forth in WAC 478-116-253 and 478-116-255.

(3) The operator of a university vehicle is personally liable for any citation issued to the motor vehicle under these rules.

[]

NEW SECTION

WAC 478-116-161 Annual parking fee payment. Regardless of payment method used, payment for an annual parking permit is the sole responsibility of the permit holder and failure to pay the parking permit fee is grounds for recall under WAC 478-116-184 (1)(d). The permit holder remains responsible for payment of parking fees until the permit is returned or expires. Payment for an annual parking permit may only be made in one of the following ways:

(1) By cash, by check or money order payable to the "University of Washington" directly to parking services. Cash should not be sent by mail.

(2) Faculty and staff members on the regular monthly payroll may select the payroll deduction plan for payment of the annual permit only.

(a) Deductions will be made from each bimonthly paycheck for that month's parking installment period. Persons selecting this plan must complete a payroll deduction authorization form in addition to the appropriate parking permit application.

(b) Deductions will be terminated by completing a payroll termination form and returning any unexpired permit.

[]

NEW SECTION

WAC 478-116-163 Fee schedule. Fees for parking and the effective date thereof shall be submitted to the board of regents for approval by motion. Prior to approval by the board of regents, the university shall, after notice, hold a hearing on the proposed schedule. The hearing shall be open to the public, and shall be presided over by a presiding officer who shall prepare a memorandum for consideration by the university, summarizing the contents of the presentations made at the hearing. Approved fee schedules shall be available in the public area of the parking services office and in the University of Washington Operations Manual, D 53.4, Attachment B.

[]

NEW SECTION

WAC 478-116-165 Vehicle and driver's licenses required. Any applicant for a permit must possess a driver's license recognized as valid by the state of Washington and the vehicle for which the applicant seeks a permit must also be licensed and registered in a way recognized as valid by the state of Washington.

[]

NEW SECTION

WAC 478-116-167 Right to refuse to issue a permit. The university reserves the right to refuse the issuance of a parking permit. The basis for refusing to issue a parking permit includes, but is not limited to, the following circumstances:

(1) When the issuance would compromise or conflict with the mission of the university;

(2) When the applicant has falsified a parking permit application or failed to pay parking fees and fines; or

(3) When the applicant has counterfeited or altered a permit, area designator, or key card.

[]

NEW SECTION

WAC 478-116-171 Responsibility of person to whom permit is issued. The person to whom a permit is issued pursuant to these rules shall be responsible for all violations of these rules involving that permit. Such responsibility does not afford a defense to another person who jointly violates these rules.

[]

NEW SECTION

WAC 478-116-181 Refund conditions for parking permits. (1) Refunds will be made for unused portions of permits which were paid for in full at the time of acquisition following the return of the permit to parking services. The refund schedule will be established by parking services.

(2) If the permit is being paid by the payroll deduction plan, then a payroll deduction termination form must be completed.

(3) Any unpaid fine for a violation of these rules will be deducted from any refund due, including refunds due to revocation of parking privileges.

[]

NEW SECTION

WAC 478-116-184 Recall of permits. (1) Permits are the property of the university, and may be recalled by parking services 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, area designator or gate key card is used by an unauthorized person;

(d) Nonpayment of parking fees;

(e) Counterfeiting or altering of permits, area designators or gate key cards;

(f) Failure to comply with a final decision of the citation hearing office; or

(g) When the person to whom the permit is issued receives in excess of twelve citations under these rules within any twelve-consecutive month time period.

(2) Vehicles displaying recalled permits will be subject to impoundment on sight and confiscation of the permit for return to parking services.

[]

NEW SECTION

WAC 478-116-186 Recall of carpool permits. Abuse of carpool privileges, such as but not limited to carpools formed within one-half mile of campus, and/or falsified application information may constitute grounds for the university to suspend or revoke parking privileges from the offender(s).

[]

NEW SECTION

WAC 478-116-191 Regulatory signs, barricades, and markings. (1) Signs, barricades, markings and directions shall be so made and placed as will best meet the objectives stated in WAC 478-116-020 of these rules.

(2) No unauthorized person shall remove, move, deface, or in any way change a sign, barricade, marking, or direction so placed, or previously placed, for the purpose of regulating traffic or parking. Authority to make temporary changes of this nature with respect to streets or roadways must be obtained from the university police department.

[]

PART III

PARKING VIOLATIONS

NEW SECTION

WAC 478-116-201 Permits required for motor vehicles parked on campus during hours of operation--Assigned parking areas. (1) Except as provided in WAC 478-116-121 and 478-116-151, no person shall park or leave any motor vehicle unattended by a licensed driver upon the campus during the hours of operation without a valid permit issued by parking services.

(2) Permission to park on campus shall be shown by display of a valid permit. Possession of a gate key card does not, in itself, constitute permission to park in a designated parking area.

[]

NEW SECTION

WAC 478-116-211 Metered parking. (1) Except as provided in subsection (2) of this section, any vehicle, other than a university vehicle, which occupies a metered space is subject to payment of the meter fee in accordance with the hours posted, even though the vehicle may display a valid permit.

(2) Vehicles displaying a disability permit or disability license issued by a state department of licensing shall not be subject to payment of the meter fee during the allowed meter time limit.

(3) Motor vehicles parked after the maximum time shall be subject to citation for parking over the posted time limit.

[]

NEW SECTION

WAC 478-116-221 Parking of motorcycles and scooters. Motorcycles, motorized bicycles, and scooters must only be parked in designated cycle areas. Motorcycles, motorized bicycles, and scooters are not permitted to drive or park on paths, on sidewalks, on planted areas, in buildings, or in pedestrian areas.

[]

NEW SECTION

WAC 478-116-223 Display of permits. (1) Quarterly, annual, and short-term permits issued by parking services shall be displayed by hanging from the rear view mirror or affixed to the driver's side bottom of the windshield of the motor vehicle and shall be fully visible from the exterior of the motor vehicle.

(2) All other permits shall be displayed face up on the dashboard of the motor vehicle and shall be fully visible from the exterior of the motor vehicle.

(3) The area designator (numeral, letter or combination) shall be affixed to the vehicle permit and shall be fully visible from the exterior of the motor vehicle.

(4) Motorcycle and scooter permits shall be prominently displayed on the front or left side of the vehicle.

(5) Permits not fully visible from the exterior of a motor vehicle are not valid and are subject to citation for no valid permit displayed.

(6) Expired permits must be removed from exterior view before displaying a current permit. A motor vehicle displaying an expired permit along with a valid permit is subject to citation for improper display of a permit.

[]

NEW SECTION

WAC 478-116-225 Permits and vehicle license plates. Permit holders shall provide parking services with the license number of any vehicle they regularly use.

[]

NEW SECTION

WAC 478-116-227 Permit transfer. Parking permits, parking credit cards, and key cards are not transferable between individuals, but can be transferred between cars operated by a permit holder.

[]

NEW SECTION

WAC 478-116-231 Use of revoked permits prohibited. (1) Use of a permit which was revoked or recalled under WAC 478-116-184 or 478-116-186 is prohibited.

(2) Purchase of a permit from someone other than parking services or a lawful designee shall not constitute an excuse or defense to a violation of this section.

[]

NEW SECTION

WAC 478-116-241 Overtime parking violations--Repeated. Each subsequent period of time lapsing following affixation to a vehicle of a notice of overtime parking shall constitute a further violation of WAC 478-116-211 and/or 478-116-251.

[]

NEW SECTION

WAC 478-116-245 Obstructing traffic prohibited. No person shall stop, stand or park any motor vehicle so as to obstruct traffic along or upon any street or sidewalk.

[]

NEW SECTION

WAC 478-116-251 Regulatory signs and directions. (1) Operators of vehicles shall obey regulatory signs which are posted by the university consistent with the parking and traffic rules of the University of Washington.

(2) Drivers of motor vehicles shall also comply with directions issued by members of parking services in the assignment and use of parking space and in the collection of parking fees.

[]

NEW SECTION

WAC 478-116-253 Prohibited parking area(s). (1) No motor vehicle shall be parked at any place where official signs prohibit parking such as, but not limited to, "tow," "fire zone," "prohibited," or "no parking."

(2) No motor vehicle shall be parked within fifteen feet of a fire hydrant.

[]

NEW SECTION

WAC 478-116-255 Prohibited parking--Space designated for a wheelchair. No motor vehicle shall be parked in a disability, wheelchair, or reserved parking space, area, or lot without an appropriate permit.

[]

NEW SECTION

WAC 478-116-261 Designated parking areas. No motor vehicle shall be parked on the campus except in parking areas and parking spaces set aside and designated as such by parking services.

[]

NEW SECTION

WAC 478-116-271 Parking within designated parking space. No motor vehicle shall be parked so as to occupy any portion of more than one parking space or stall within a parking area or so as to extend beyond any marked rear stripe. The fact that other motor vehicles may have been so parked as to require the motor vehicle to occupy a portion of more than one parking space or stall shall not constitute an excuse or defense for a violation of this section. This section shall not apply to stack parking for athletic events.

[]

NEW SECTION

WAC 478-116-281 Parking--Safekeeping of unattended motor vehicles. No person driving or in charge of a motor vehicle shall permit it to stand unattended without:

(1) Stopping the engine, locking the ignition and removing the key; and

(2) Setting the brake and transmission to prevent movement of the vehicle.

[]

NEW SECTION

WAC 478-116-291 Impoundment of motor vehicles. Any motor vehicle parked upon campus may be subject to impoundment for cause as specified under WAC 478-116-401, 478-116-411 and 478-116-421. The university and its officers, employees and agents shall not be liable for loss or damage of any kind resulting from such impoundment.

[]

PART IV

MOTOR VEHICLE CITATION ISSUANCE

NEW SECTION

WAC 478-116-301 Citation for motor vehicle violations. (1) The university police department may issue a citation for a violation of these rules. The citation shall set forth the date, approximate time, locality, and nature of the violation. The citation shall be served upon the person charged with the violation by delivery, mail, or placement upon the vehicle involved.

(2) The following information shall be printed on the parking citation:

(a) The fine schedule and instructions for payment;

(b) Instruction for contesting the citation, including where to obtain petitions; and

(c) Notice that failure to pay fines or contest the citation within the time specified in theses rules can result in the sanctions set forth in WAC 478-116-561.

[]

NEW SECTION

WAC 478-116-311 Motor vehicle fines and penalties. The following schedule of fines for violation of the rules listed below is hereby established:

offense maximum fine

01 Obstructing traffic $25.00

WAC 478-116-245

02 Enter/exits without paying 20.00

WAC 478-116-251

03 Failure to lock ignition and/or set brakes 5.00

WAC 478-116-281

04 Improper display of vehicle permit 3.00

WAC 478-116-223

05 Permit not registered to this vehicle 5.00

WAC 478-116-227

06 Occupying more than one stall or space 10.00

WAC 478-116-271

07 Parking in restricted parking area 25.00

WAC 478-116-251

08 Parking in prohibited area 25.00

WAC 478-116-253

09 Parking on planted areas 16.00

WAC 478-116-261

10 Parking out of assigned area 5.00

WAC 478-116-261

11 Parking over posted time limit 16.00

WAC 478-116-251

12 Parking with no valid permit displayed 25.00

WAC 478-116-201

13 Parking at expired meter 16.00

WAC 478-116-211

14 Parking outside cycle area 5.00

WAC 478-116-221

15 Parking in space/area not designated for

parking 12.00

WAC 478-116-261

16 Parking while privilege suspended 50.00

WAC 478-116-184

17 Use of forged/stolen vehicle permit 100.00

WAC 478-116-184 and 478-116-227

18 Use of revoked permit 50.00

WAC 478-116-231

19 Unauthorized overnight parking of a

motorhome 50.00

WAC 478-116-125

20 Impound At cost

WAC 478-116-291

21 Other violations of the university parking

and traffic rules 25.00

22 Failure to transfer a valid permit (upon

application to the parking violations division

the fine may be waived for the first offense

in a twelve-month period). 3.00

WAC 478-116-223

23 Parking in space designated for wheel-

chair 50.00

WAC 478-116-255

[]

PART V

IMPOUNDED MOTOR VEHICLES

NEW SECTION

WAC 478-116-401 Impoundment for failure to pay fines. Any vehicle may be impounded for outstanding fines when, after ten consecutive days after service of a final decision of the citation hearing office imposing liability for fines, the owner has neither paid such fines nor appealed the decision to the district court. The final decision of the citation hearing office shall include notice that failure to pay outstanding fines within ten days after service will subject the vehicle to impoundment if it is found on university lands.

[]

NEW SECTION

WAC 478-116-411 Impoundment without prior notice. A vehicle may be impounded without reasonable attempt having been made to notify the owner of the possibility of this action only in the following circumstances:

(1) When in the judgment of a university police officer the vehicle is obstructing or may impede the flow of traffic, or is parked unattended in a posted fire lane; or

(2) When in the judgment of a university police officer the vehicle poses an immediate threat to public safety; or

(3) When a university police officer has probable cause to believe the vehicle is stolen; or

(4) When a university police officer has probable cause to believe that the vehicle contains or constitutes evidence of a crime, and in the police officer's judgment impoundment is necessary to obtain or preserve such evidence; or

(5) When a driver is arrested and/or deprived of the right to leave with the driver's vehicle, and the university police are responsible for the "safekeeping" of the vehicle.

[]

NEW SECTION

WAC 478-116-421 Impoundment of abandoned vehicles. (1) A parking enforcement or law enforcement officer discovering an apparently abandoned motor vehicle shall attach to the vehicle a readily visible notification sticker. The sticker shall contain the following information:

(a) The date and time the sticker was attached;

(b) The identity of the officer;

(c) A statement that if the motor vehicle is not removed within seventy-two hours from the time the sticker is attached, the vehicle will be impounded;

(d) The address and telephone number where additional information may be obtained.

(2) If the motor vehicle has an annual or quarterly permit displayed, the officer or the parking violations division shall check the records to learn the identity of the owner. The officer or the parking violations division shall make a reasonable effort to contact the owner by telephone in order to give the owner the information on the notification sticker.

(3) If the motor vehicle is not removed within the seventy-two hours from the time the notification sticker is attached, the officer may impound the vehicle.

[]

NEW SECTION

WAC 478-116-431 Notice and redemption of impounded vehicles. (1) Not more than twenty-four hours after impoundment of any vehicle, the University of Washington police department shall mail a notice to the registered owner of the vehicle, as may be disclosed by the vehicle license number, if such be obtainable, and to any other person who claims the right to possession of the vehicle, if such a claim is known to an officer, agent or employee of the University of Washington police department who has knowledge of the impoundment. The notice shall be mailed to the registered owner at the address provided by the Washington state department of licensing or the corresponding agency of any other state or province. If a police officer who has knowledge of the impoundment has reason to believe that an owner, or one who claims to be an owner, is residing or in custody at some different address which is known to the officer, a copy of the notice shall be mailed or personally delivered to such owner or claimant in a manner designed, as nearly as may be practicable, to give actual notice to the owner. The notice shall contain the full particulars of the impoundment, redemption, and an opportunity to contest the propriety of the impoundment as provided in WAC 478-116-541.

Similar notice shall be given to each person who seeks to redeem an impounded vehicle. If a vehicle is redeemed prior to the mailing of notice, the notice need not be mailed.

(2) Motor vehicles impounded shall be redeemed only under the following circumstances:

(a) Only the registered owner who has a valid driver's license or person authorized by the registered owner who has a valid driver's license and who produces proof of authorization and signs a receipt therefor, may redeem an impounded motor vehicle.

(b) Any person so redeeming a motor vehicle impounded shall pay the cost of such impoundment (towing and storage), together with such fines as are outstanding against the vehicle if impoundment was made pursuant to WAC 478-116-401 prior to redemption, except as provided in (c) of this subsection.

(c) Any person seeking to redeem a motor vehicle impounded under WAC 478-116-401, 478-116-411 or 478-116-421 has a right to contest the validity of impoundment or the amount of towing and storage charges and shall have the motor vehicle released upon requesting a review as provided in WAC 478-116-541, paying any outstanding fines, and executing a promissory note, naming the University of Washington as payee, in an amount to include both the costs of towing and storage and a civil penalty of seventy-five dollars which promissory note shall immediately become due and owing in the event such person fails to pay within ten business days after service of a final decision of the citation hearing office on the petition contesting impoundment or the amount of any towing and storage charges for which such person may be found liable.

(3) In addition to any other penalty which may be imposed as a result of actions described in subsection (2)(c) of this section, campus parking privileges shall be suspended until all such debts are paid.

(4) The promissory note shall be automatically canceled and discharged when a person either:

(a) Pays the towing and storage charges and cancels the request for a review; or

(b) Pays, within ten business days after service of a final decision of the citation hearing office on the petition contesting impoundment, towing and storage charges for which such person may be liable.

[]

PART VI

APPEALS AND PAYMENT OF MOTOR VEHICLE FINES

NEW SECTION

WAC 478-116-501 Registered owner responsible for illegal parking. In any traffic infraction or case involving a violation of this chapter relating to the stopping, standing or parking of a vehicle, proof that the particular vehicle described in the citation was stopping, standing, or parking in violation of any such provision of this chapter together with proof of registered ownership of the vehicle at the time of the violation, shall constitute a prima facie presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred. Such responsibility does not afford a defense to another person who violated these rules.

[]

AMENDATORY SECTION (Amending WSR 93-14-130, filed 7/7/93, effective 8/7/93)

WAC 478-116-520 Motor vehicles--Payment of fines and penalties. (1) The fines that may be assessed for violations of these ((~~regulations~~)) rules are those detailed in WAC ((~~478-116-601~~)) 478-116-311. The applicable fine for a citation must be paid within twenty days of the date of the citation unless the person charged with the violation elects to contest the citation as provided in WAC ((~~478-116-450~~)) 478-116-531.

(2) Fines must be delivered in person to the citation hearing office or postmarked on or before the due date specified in these ((~~regulations~~)) rules to avoid additional penalties. An additional fine of ten dollars per offense shall be imposed for each citation which is not responded to within the time limits set forth in these ((~~regulations~~)) rules.

(3) The ((~~regulations~~)) rules contained in this chapter shall be((:

~~(a) Published at the direction of the manager of the parking division in the University of Washington Daily at least twice each calendar year; and~~

~~(b)~~)) available in the citation hearing office, the university police department, and ((~~the~~)) parking ((~~division~~)) services.

((~~(4) The following information shall be printed on the parking citation:~~

~~(a) The fine schedule and instructions for payment;~~

~~(b) Instructions for contesting the citation, including where to obtain petitions; and~~

~~(c) Notice that failure to pay fines or contest the citation within the time specified in these regulations can result in the sanctions set forth in WAC 478-116-540.~~))

[Statutory Authority: RCW 28B.20.130 and 28B.10.560. 93-14-130, 478-116-520, filed 7/7/93, effective 8/7/93; 91-11-029 and 91-12-047, 478-116-520, filed 5/8/91 and 6/5/91, effective 6/8/91 and 10/1/91. Statutory Authority: RCW 283.10.300 [28B.10.300]. 89-15-023 (Order 89-1), 478-116-520, filed 7/13/89, effective 8/13/89. Statutory Authority: RCW 28B.10.560 and 28B.20.130. 87-16-037 (Order 87-1), 478-116-520, filed 7/28/87, effective 9/1/87. Statutory Authority: RCW 28B.10.560. 79-09-004 (Order 79-3), 478-116-520, filed 8/2/79; 78-07-019 (Order 78-3), 478-116-520, filed 6/15/78; Order 75-2, 478-116-520, filed 6/4/75.]

NEW SECTION

WAC 478-116-531 Motor vehicles--Election to pay fine or contest citation. (1) A person who receives a citation shall, within twenty days of the date thereof, either pay the applicable fine or contest the issuance of the citation in the manner prescribed in this section. Payment of the fine shall constitute a waiver of the right to contest the citation. Failure to either pay the fine or contest the citation within twenty days of the date of the citation shall automatically result in a final decision of the citation hearing office.

(2) A person wishing to contest a citation may do so by completing and submitting a parking and traffic citation petition (hereinafter "petition") to the citation hearing office within twenty days of the date of the citation. The petition shall include a statement explaining the reasons for contesting the citation. The presiding officer shall review the petition and provide written notification of his or her decision to the person submitting the petition within ten days of taking action on the petition. If the petition is denied, the notification shall include a brief statement of the reasons for the decision and information about the opportunity for further review. Any fine owed on a written decision on a petition not contested as provided in subsection (3) of this section shall be paid within twenty-one days after service of the decision.

(3) A person wishing to contest the written decision on the petition may request a review by contacting the citation hearing office orally or in writing within twenty-one days after service of the decision. The request for review shall contain an explanation of the alleged violator's position and a statement of reasons why the decision on the petition was incorrect. The reviewing officer shall, within twenty days of the date of the request, conduct a review and render a final written decision, which shall include a brief statement of the reasons for the decision and information about the opportunity to appeal the decision to the district court. Any final decision of the reviewing officer not appealed as provided in subsection (5) of this section shall be paid within ten days after service of the decision.

(4) If neither party has requested a review of the written decision on the petition, the citation hearing office may, within twenty days after service of the written decision, conduct a review and issue a final decision on its own motion and without notice to the parties, but it may not take any action on review less favorable to the alleged violator than the written decision on the petition without giving the alleged violator notice and opportunity to explain his or her view of the matter.

(5) A person wishing to appeal a final decision of the citation hearing office to the district court may, within ten days of service of the final decision, file a written notice with the university police department. Documents relating to the appeal shall immediately be forwarded to the district court, which shall have jurisdiction to hear the appeal de novo. No appeal to the district court may be taken unless the citation has been contested as provided in subsections (2) and (3) of this section.

(6) A person who files a petition under subsection (2) of this section may request the opportunity to provide an oral statement before the presiding officer. A request to make an oral statement must be included in the petition. If the request for an oral statement is made, the presiding officer shall provide reasonable notice of the time and place for receiving the oral statement. At the discretion of the reviewing officer, oral statements may also be considered in requests under subsection (3) of this section. A request to make an oral statement must be included in the request for review. If the request for an oral statement is granted by the reviewing officer, the reviewing officer shall provide reasonable notice of the time and place for receiving oral statements.

[]

NEW SECTION

WAC 478-116-541 Motor vehicles--Election to contest impoundment. (1) A person wishing to contest impoundment of his or her motor vehicle may do so by completing and submitting a petition to the citation hearing office within twenty days of the date of the notice of impoundment. The petition shall include a statement explaining the reasons for contesting the impoundment. The presiding officer shall review the petition and provide written notification of his or her decision to the person submitting the petition within ten days of taking action on the petition. If the petition is denied, the notification shall include a brief statement of the reasons for the decision and information about the opportunity for further review.

(2) A person wishing to contest the decision of the presiding officer on a petition contesting impoundment may request a review by contacting the citation hearing office orally or in writing within twenty-one consecutive days after service of the decision. The request for review shall contain an explanation of the petitioner's position and a statement of reasons why the decision on the petition was incorrect. The reviewing officer shall, within twenty consecutive days of the date of the request, conduct a review and render a final written decision, which shall include a brief statement of the reasons for the decision and information about the opportunity to appeal the decision to the district court in accordance with WAC 478-116-531(5).

(3) The presiding or reviewing officer shall automatically grant a request by any party to make an oral statement with respect to a petition contesting impoundment. Such a request may be included in the petition, request for review or any response thereto. The presiding or reviewing officer shall provide reasonable notice of the time and place for receiving oral statements.

[]

NEW SECTION

WAC 478-116-551 Motor vehicles--Presiding and reviewing officer. The presiding and reviewing officers shall be appointed in accordance with WAC 478-108-030 and shall have authority to hear and decide matters involving impoundment of vehicles and violations of these rules including, but not limited to, the ability to issue warnings, dismiss citations, and reduce, suspend, or impose the fines set forth in WAC 478-116-311. Insofar as possible, students from the University of Washington school of law shall be given priority consideration for appointment as presiding officers.

[]

NEW SECTION

WAC 478-116-561 Motor vehicles--Enforcement of decisions of citation hearing office. In addition to the actions authorized pursuant to WAC 478-116-101(5), 478-116-184 (1)(f), and 478-116-520(2):

(1) Any parking fine which remains unpaid after the due date set forth in these rules constitutes a delinquent and unpaid debt due and owing the University of Washington and may be processed for collection in accordance with applicable statutes and university procedures; and

(2) Any vehicle if found parked on university lands may be impounded for outstanding parking fines.

[]

PART VII

BICYCLES AND NONMOTORIZED VEHICLES

NEW SECTION

WAC 478-116-605 Bicycle parking and traffic rules. (1) The primary aim of the bicycle control program is safety. This aim will be achieved by keeping bicycles out of buildings, away from building exits, and parking them off paths and sidewalks. All bicycle owners are encouraged to register their bicycles at the university police department.

(2) Bicycles may be ridden any place where vehicles are permitted. They may be ridden on most sidewalks, though pedestrians always have the right of way. It shall be a violation of this section for any bicycle rider to fail to yield to pedestrians, or to ride a bicycle on paths, sidewalks or streets where signs indicate such is prohibited. An audible signal or warning must be given by the bicyclist whenever there is any appreciable risk of injury to a pedestrian not otherwise aware of the presence of the bicycle.

(3) Bicycles operated on campus paths, sidewalks and roadways shall be subject to all relevant state statutes regulating bicycle use. Violation of those statutes shall be considered a violation of this section.

(4) Bicycles shall be operated in a safe manner at all times on campus paths, sidewalks and roadways. Riding at speeds too fast for conditions, weaving in and out of vehicular or pedestrian traffic or similar unsafe actions shall be considered "negligent riding." Negligent riding shall be a violation of this section.

(5) Bicycles shall be parked only in bicycle racks. All bicycle owners are encouraged to secure their bicycles with a secure lock. At no time shall a bicycle be parked in a building, except where bicycle storage rooms are provided, near a building exit, on a path or sidewalk, in planted areas nor chained or otherwise secured to trees, lamp standards, railings, or sign posts.

(6) Moving a bicycle into any unauthorized area such as a building or construction zone is prohibited.

(7) Bicycle racks in campus areas are for parking and shall not be used for overnight storage, except for those racks adjacent to residence halls which may be used for storage when the owner/operator is a current resident of that hall.

(8) Impoundment for illegal parking.

(a) Bicycles parked in violation of subsections (5), (6) and (7) of this section will be subject to seizure and impoundment by the university.

(b) Except as provided by subsection (7) of this section, a bicycle abandoned or parked on university land for twenty-one consecutive days or longer is presumed abandoned and is subject to seizure and impoundment by the university. A bicycle will not be considered abandoned when the owner/operator is unable to remove it and so notifies the university police department. A bicycle that has been obviously stripped or vandalized may be immediately impounded.

(c) Impounded bicycles will be stored at the university police department. Bicycles will be released at specified times and upon presentation of proof of ownership and payment of a ten-dollar fine. Owners of impounded bicycles, if identifiable, will be notified as soon as reasonably possible after impoundment and must reclaim their bicycle within fifteen consecutive days. Bicycles unclaimed after sixty consecutive days will be subject to sale at a public auction conducted by the university surplus property department.

(d) The university and its officers, agents and employees shall not be liable for loss or damage of any kind resulting from impoundment, storage, or sale of any item under this section.

(e) Impoundment or sale of any bicycle under this section shall not substitute for, nor release any person from liability for damage to persons or property caused by use of a bicycle on campus.

[]

NEW SECTION

WAC 478-116-611 Nonmotorized vehicles--Citation for violations. (1) The university police department may issue a citation for a violation of these rules.

(a) The citation shall set forth the date, approximate time, locality, and nature of the violation.

(b) The citation shall be served upon the person charged with the violation by delivery, mail, or placement upon the bicycle involved.

(2) The following information shall be printed on the citation:

(a) The fine schedule and instructions for payment;

(b) Instructions for contesting the citation, including where to obtain petitions; and

(c) Notice that failure to pay fines or contest the citation within the time specified within these rules can result in the sanctions set forth in WAC 478-116-561.

[]

NEW SECTION

WAC 478-116-620 Nonmotorized vehicles--Fines and penalties. (1) The fines that may be assessed for violations of these rules are those detailed in WAC 478-116-630. The applicable fine for citation must be paid within twenty consecutive days of the date of the citation unless the person charged with the violation elects to contest the citation as provided in WAC 478-116-640.

(2) Fines must be delivered in person to the citation hearing office or postmarked on or before the due date specified in these rules to avoid additional penalties. An additional fine of twenty dollars per offense shall be imposed for each citation which is not responded to within the time limits set forth in these rules.

[]

NEW SECTION

WAC 478-116-630 Nonmotorized vehicles--Schedule of fines and penalties. The following schedule of fines for violations of these rules listed below is hereby established:

offense maximum fine

01 Failure to yield to pedestrians $10.00

WAC 478-116-605(2)

02 Riding in restricted/prohibited areas 10.00

WAC 478-116-605(2)

03 Violation of state bicycle codes 10.00

WAC 478-116-605(3)

04 Negligent riding 25.00

WAC 478-116-605(4)

05 Other violations of the university

parking and traffic rules 10.00

[]

NEW SECTION

WAC 478-116-640 Nonmotorized vehicles--Election to pay fine or contest citation. (1) A person who receives a citation shall, within twenty consecutive days of the date thereof, either pay the applicable fine or contest the citation in the manner prescribed in this section. Payment of the fine shall constitute a waiver of the right to contest the citation. Failure to either pay the fine or contest the citation within twenty consecutive days of the date of the citation shall automatically result in a final decision of the citation hearing office.

(2) A person wishing to contest a citation may do so by completing and submitting a citation petition (hereinafter "petition") to the citation hearing office within twenty consecutive days of the date of the citation. The petition shall include a statement explaining the reasons for contesting the citation. The presiding officer shall review the petition and provide written notification of his or her decision to the person submitting the petition. If the petition is denied, the notification shall include a brief statement of the reasons for the decision and information about the opportunity for further review. Any fine owed on a written decision on a petition not contested as provided in subsection (3) of this section shall be paid within twenty-one consecutive days after service of the decision.

(3) A person wishing to contest the written decision on the petition may request a review by contacting the citation hearing office orally or in writing within twenty-one consecutive days after service of the decision. The request for review shall contain an explanation of the alleged violator's position and a statement of the reasons why the decision on the petition was incorrect. The reviewing officer shall conduct a review and render a final written decision, which shall include a brief statement of the reasons for the decision and information about the opportunity to appeal the decision to the superior court of King County. Any final decision of the reviewing officer not appealed as provided in subsection (5) of this section shall be paid within ten consecutive days after service of the decision.

(4) If neither party has requested a review of the written decision on the petition, the citation hearing office may, within twenty consecutive days after service of the written decision, conduct a review and issue a final decision on its own motion and without notice to the parties. It, however, may not take any action on review less favorable to the alleged violator than the written decision on the petition without giving the alleged violator notice and opportunity to explain his or her view of the matter.

(5) A person wishing to appeal a final decision of the citation hearing office to the superior court of King County may, within ten consecutive days of service of the final decision, file a written notice with the citation hearing office. Documents relating to the appeal shall immediately be forwarded to the superior court, which shall have jurisdiction to review the appeal. No appeal to the superior court may be taken unless the citation has been contested as provided in subsections (2) and (3) of this section.

[]

NEW SECTION

WAC 478-116-650 Nonmotorized vehicles--Presiding and reviewing officer. The presiding and reviewing officers shall be appointed in accordance with WAC 478-108-030 and shall have authority to hear and decide matters involving violation of these rules including, but not limited to, the ability to issue warnings, dismiss citations, and reduce, suspend, or impose the fines set forth in WAC 478-116-605 (8)(c), 478-116-620(2) and 478-116-630. Insofar as possible, students from the University of Washington school of law shall be given priority consideration for appointment as presiding officers.

[]

NEW SECTION

WAC 478-116-660 Nonmotorized vehicles--Enforcement of decisions of citation hearing office. In addition to the actions authorized pursuant to WAC 478-116-650, any fine which remains unpaid after the due date set forth in these rules constitutes a delinquent and unpaid debt due and owing the University of Washington and may be processed for collection in accordance with applicable statutes and university procedures.

[]

NEW SECTION

WAC 478-116-670 Use of skateboards. (1) Skateboard use in pedestrian areas, including but not limited to walkways, ramps, concourses, and plazas (such as "Red Square"), and on internal university streets and loading areas on the campus is restricted solely to transporting an individual from one campus destination to another. Any recreational, athletic, or other exhibitional use of skateboards unrelated to transportation is strictly prohibited, unless expressly approved in advance by the committee on the use of university facilities, pursuant to chapter 478-136 WAC.

(2) Skateboard use in violation of this section shall result in the following:

(a) For the first offense, the university police department will record the name of the individual and provide a written warning against further skateboard use in violation of this section. Individuals who cannot produce satisfactory identification will be given a receipt for their skateboard, which will be impounded at the university police station until they are able to return with the receipt and identification. There will be no impound fee.

(b) For a second offense, within twenty-four months of any previous offense or warning, the skateboard will be impounded for not less than forty-eight hours and the offender shall be subject to a fine of not less than ten dollars plus applicable impound fee.

(c) For a third or subsequent offense, within twenty-four months of any previous two offenses, warnings, or combination thereof, the skateboard will be impounded for not less than thirty days and the offender shall be subject to a fine of not less than thirty dollars plus applicable impound fee.

(d) Impounded skateboards will be held by the university police department and released only during regular business hours to individuals with satisfactory identification. Payment of a ten-dollar storage fee will also be required for release, except as provided in (a) of this subsection.

(3) Skateboards impounded under this section which are unclaimed sixty consecutive days after the applicable minimum impoundment time period has elapsed will be presumed abandoned and be subject to sale at a public auction conducted by the university surplus property department.

(4) The university and its officers, agents, and employees shall not be liable for loss or damage of any kind resulting from impounding, storage, or sale of any item under this section.

(5) Impoundment or sale of any skateboard under this section shall not substitute for, nor release any person from liability for damage to persons or property caused by use of a skateboard at the university.

[]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 478-116-050 Revisions of these regulations.

WAC 478-116-055 Definitions.

WAC 478-116-060 Permits required for vehicles on campus.

WAC 478-116-070 Parking of motorcycles and scooters.

WAC 478-116-080 Bicycle parking and traffic regulations.

WAC 478-116-088 Use of skateboards.

WAC 478-116-090 Tourists and visitors--Exemption from permit requirements.

WAC 478-116-095 Authorized use of streets and parking facilities.

WAC 478-116-100 Speed.

WAC 478-116-110 Regulatory signs and directions.

WAC 478-116-120 Pedestrians--Right of way.

WAC 478-116-130 Designated and assigned parking areas.

WAC 478-116-140 Parking within designated spaces.

WAC 478-116-160 Exceptions to parking restrictions.

WAC 478-116-170 Special parking and traffic directions authorized.

WAC 478-116-180 Liability of university.

WAC 478-116-190 Obstructing traffic prohibited.

WAC 478-116-200 Parking--Operator's responsibility.

WAC 478-116-210 Authorization for issuance of permits.

WAC 478-116-220 Numbering of parking areas--Permit designation.

WAC 478-116-230 Parking allocation.

WAC 478-116-240 Visitor parking.

WAC 478-116-250 Other types of permits.

WAC 478-116-260 Athletic event parking.

WAC 478-116-270 Evening permits.

WAC 478-116-280 Transferable permits.

WAC 478-116-290 Temporary and replacement permits.

WAC 478-116-300 Vehicle and driver's licenses required.

WAC 478-116-310 Annual and quarterly permit periods.

WAC 478-116-320 Parking area, zone and reserved area designations, and area assignments.

WAC 478-116-330 Responsibility of person to whom permit issued.

WAC 478-116-340 Display of permits.

WAC 478-116-345 Permits and vehicle license plates.

WAC 478-116-350 Metered parking.

WAC 478-116-355 Overtime parking violations--Repeated.

WAC 478-116-360 Carpools.

WAC 478-116-370 Recall of permits.

WAC 478-116-380 Annual parking fee payment.

WAC 478-116-390 Schedule of fees.

WAC 478-116-400 Refund conditions.

WAC 478-116-440 Citation for violation.

WAC 478-116-450 Election to pay fine or contest citation.

WAC 478-116-460 Presiding and reviewing officer.

WAC 478-116-540 Enforcement of decisions of citation hearing office.

WAC 478-116-550 Registered owner responsible for illegal parking.

WAC 478-116-570 Regulatory signs, markings, barricades, etc.

WAC 478-116-580 Impoundment of vehicles.

WAC 478-116-582 Impoundment for failure to pay fines.

WAC 478-116-584 Impoundment without prior notice.

WAC 478-116-586 Impoundment of abandoned vehicles.

WAC 478-116-588 Notice and redemption of impounded vehicles.

WAC 478-116-589 Election to contest impoundment.

WAC 478-116-590 Delegation of authority.

WAC 478-116-601 Fines and penalties.

WAC 478-116-610 Effective date, severability, savings clause.

Legislature

Code Reviser

Register

� Washington State Code Reviser's Office