WSR 20-11-071
PROPOSED RULES
EDMONDS COMMUNITY COLLEGE
[Filed May 20, 2020, 8:38 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-03-157.
Title of Rule and Other Identifying Information: Chapter 132Y-100 WAC, Traffic rules.
Hearing Location(s): On August 6, 2020, at 9:30 - 11:30 a.m., at Edmonds College, Mukilteo Hall Black Box Theater, 20310 68th Avenue West, Lynnwood, WA 98036. This meeting may take place remotely, if necessary due [to] COVID-19 stay home orders and/or social distancing requirements.
Date of Intended Adoption: September 10, 2020.
Submit Written Comments to: Jade Jeter-Hill, 20000 68th Avenue West, Lynnwood, WA 98036-5999, email jade.jeter-hill@edcc.edu.
Assistance for Persons with Disabilities: Contact Cinda Lewis, phone 425-640-1411, email cinda.lewis@edcc.edu, by July 23, 2020.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These updates are meant to achieve three goals.
(1) Reduce redundancy in WAC previously entered twice.
(2) To update and clarify rules regarding parking permits, and use of bicycle and foot propelled vehicles on pedestrian walkways.
(3) To ensure the college has the latitude to update policy and procedure as needed while maintaining good WAC oversight.
Reasons Supporting Proposal: The college administration anticipates that these proposed rules will provide guidance, clarity and consistency in traffic rules.
Statutory Authority for Adoption: RCW 28B.50.140(7),(10).
Statute Being Implemented: Chapter 132Y-100 WAC.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Edmonds [Community] College, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Jade Jeter-Hill, Director SSEPI, WWY 222, 425-640-1877.
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. Not applicable as a listed agency under RCW 34.05.328(5).
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. These sections are amending the already existing chapter 132Y-100 WAC, Traffic rules. The purpose is to clarify and update information in the existing rule. The new sections do not impose any cost on businesses.
May 20, 2020
Mushka Rohani
Executive Director of Human Resources
AMENDATORY SECTION(Amending WSR 07-16-039, filed 7/24/07, effective 8/24/07)
WAC 132Y-100-003Definitions.
For the purpose of this chapter, the following terms and definitions shall apply:
(1) Board: The board of trustees of Edmonds ((Community)) College, state of Washington.
(2) Campus: Any or all real property owned, operated, controlled, or maintained by Edmonds ((Community)) College((, state of Washington)).
(3) ((Car pool))Carpool: Any group of two or more faculty, staff or students who commute to the college in the same vehicle.
(4) College: Edmonds ((Community)) College or any additional community college hereafter established with Edmonds ((Community)) College, an agency of the state of Washington, and collectively, those responsible for its control and operations.
(5) Faculty members: Any employee of Edmonds ((Community)) College who is employed on a full-time or part-time basis as a teacher, counselor, librarian or other position for which the training, experience, and responsibilities are comparable as determined by the appointing authority, including administrative appointment.
(6) Foot propelled device: Wheeled devices including, but not limited to, skateboards, roller skates, roller blades, etc., designed or used for recreation and/or transportation purposes.
(7) Security office: The office designated for the safety ((and)), security ((department office))and emergency preparedness department operations.
(8) Security officers: Employees of the college accountable to the ((vice president of finance and operations))senior college security authority and responsible for campus safety, security, ((safety, and)) parking ((and)), traffic control, and emergency response and recovery.
(9) Staff: The administrative and classified members employed by the college.
(10) Student: Any person enrolled in the college.
(11) Vehicle: ((An))A motorized automobile, truck, or motorcycle((, scooter or bicycle, both engine-powered and nonengine-powered)).
(12) Visitor(s): Person(s) who come on campus as guest(s) or person(s) who lawfully visit the campus for purposes in keeping with the college's role as an institution of higher learning in the state of Washington that are neither employees nor registered students of the institution.
AMENDATORY SECTION(Amending WSR 81-17-042, filed 8/14/81)
WAC 132Y-100-004Applicable traffic rules.
The traffic rules which are applicable upon state lands devoted mainly to the educational activities of Edmonds ((Community)) College are as follows:
(1) The motor vehicle and other traffic laws of the state of Washington; and
(2) The traffic code of Lynnwood, Washington, and Snohomish County; and
(3) Rules set forth in chapter 132Y-100 WAC.
AMENDATORY SECTION(Amending WSR 07-16-039, filed 7/24/07, effective 8/24/07)
WAC 132Y-100-008Permits required for ((employee))all vehicles ((in designated lots))parked on campus.
Except as provided in WAC 132Y-100-012 and 132Y-100-052 no ((employee))person shall leave any vehicle unattended ((in a designated staff lot,)) on the college campus ((of the college,)) without a permit issued by the ((security office unless such employee is in the process of loading and unloading))college.
Permits shall not be utilized by any person except by the person ((registered to said permit. The college reserves the right to deny any application, or to revoke any permit at any time, if actions resulting from such application or permission constitute present or imminent danger or unlawful activity, or if a prospective user has previously violated the provisions of these parking policies or other written rules or regulations of the college))to whom the permit is registered. Outstanding parking fines must be paid before a parking permit may be issued or renewed.
Parking permits are transferable from vehicle to vehicle when used by the permit holder.
((If a vehicle is sold or traded, a new permit will be issued to the permit holder at no additional cost if the permit holder does the following:
(1) Records the invalid permit number; and
(2) Removes invalid permit; and
(3) Brings invalid permit or remnant thereof and permit number to the security office. The security office shall then issue the permit holder a new parking permit.
Students and visitors may park in any lot not designated as staff or car pool, without a permit.))
AMENDATORY SECTION(Amending WSR 07-16-039, filed 7/24/07, effective 8/24/07)
WAC 132Y-100-012Permit parking on campus.
There are ((two))three categories of valid permits:
(1) A temporary permit authorized by the ((security office of Edmonds Community))college and displayed in accordance with instructions; ((or))
(2) A current vehicle permit issued by the ((security office))college and displayed on the vehicle in accordance with instructions; or
(3) A special permit issued by the senior college security authority or their designee and displayed on the vehicle in accordance with instructions. The special permit allows for parking in any legal parking spot. This permit is meant to be limited to those who need immediate access for college business that cannot be met by other means.
AMENDATORY SECTION(Amending WSR 81-17-042, filed 8/14/81)
WAC 132Y-100-024Right to refuse permit.
The college reserves the right to refuse the issuance of a parking permit, or to revoke any permit at any time, if actions resulting from such application or permission constitute present or imminent danger or unlawful activity, or if a prospective user has previously violated the provisions of these parking policies or other written rules or regulations of the college.
AMENDATORY SECTION(Amending WSR 07-16-039, filed 7/24/07, effective 8/24/07)
WAC 132Y-100-028Issuance of permits.
(((1)))All permits are issued by the security office or their designees. Permit procedures and requirements can be found at www.edcc.edu/safety. Presentation of valid college identification((, vehicle make, model, color, license number)) is required to be issued a current vehicle permit.
(((2) Employees may be issued a parking permit by the security office, upon registration of his/her vehicle with said office at the beginning of full-time employment.
(3) Part-time employees must obtain permits each quarter.
(4) Carpool permits are issued quarterly.
(5) The security office may issue visitor parking permits when such permits are necessary.
(6) Temporary and special permits may be issued by the security office when such permits are necessary to enhance the business operation of the college.))Temporary visitor parking permits are coordinated through the security office or their designees. A special permit is issued by the senior college security authority or their designee.
AMENDATORY SECTION(Amending WSR 07-16-039, filed 7/24/07, effective 8/24/07)
WAC 132Y-100-032Display of permits.
All ((permanent)) parking permits shall be displayed as provided in the directions supplied with the parking permit. ((A special or temporary parking permit shall be placed within the vehicle where it can be plainly seen from the outside of the driver's side of the windshield. Permits not displayed in accordance with the provisions of this section shall not be valid.))Permits not displayed in accordance with the provisions of this section shall not be valid.
AMENDATORY SECTION(Amending WSR 07-16-039, filed 7/24/07, effective 8/24/07)
WAC 132Y-100-066Carpool parking permit.
Carpool permits are available to ((staff and students who qualify. To qualify for a carpool permit, the individual must designate at least one other regular rider in addition to the driver. This permit must be renewed each quarter and allows the holder to park in designated carpool lots/areas. The permit can be obtained from the security office))faculty, staff and students who qualify under college policy. College policies and procedures are available at edcc.edu/policies.
AMENDATORY SECTION(Amending WSR 92-09-055, filed 4/13/92, effective 5/14/92)
WAC 132Y-100-072((Handicapped))Disabled parking.
No vehicle shall park in a ((handicapped zone))space designated for disabled persons without a current, valid, state issued ((handicapped))disability permit. Enforcement of ((handicapped))disability parking is accomplished by either the college ((or)), the police department ((of)), or the city of Lynnwood.
AMENDATORY SECTION(Amending WSR 81-17-042, filed 8/14/81)
WAC 132Y-100-076((Disabled or))Inoperative and abandoned vehicles.
((No disabled or inoperative vehicle shall be parked on the campus without permission from the security office. Vehicles which have been parked in excess of forty-eight hours and which appear to be inoperative or abandoned may be impounded and stored at the expense of either or both owner and operator thereof.))Inoperative or abandoned vehicles may not be parked on the campus without permission from the senior college security authority or their designee. Vehicles parked in excess of forty-eight hours will be impounded and stored at the expense of the owner.
AMENDATORY SECTION(Amending WSR 07-16-039, filed 7/24/07, effective 8/24/07)
WAC 132Y-100-080Regulatory signs and directions.
Edmonds ((Community)) College will erect and place signs, barricades, and other structures and paint marks and other directions upon the streets and roadways for the regulation of traffic and parking upon state lands devoted mainly to the educational or research activities of Edmonds ((Community)) College. Such signs, barricades, structures, markings, and directions shall be so made and placed as to be legible and in the opinion of the college president or ((his/her))their designee will best effectuate the objectives stated in WAC 132Y-100-001.
AMENDATORY SECTION(Amending WSR 07-16-039, filed 7/24/07, effective 8/24/07)
WAC 132Y-100-084Speed.
No vehicle shall be operated on designated campus roadways or parking lots at a speed in excess of ten miles per hour, or the posted speed limit. No vehicle of any type shall at any time use the campus and/or lands devoted to educational, research, recreational, or parking for Edmonds ((Community)) College for ((testing, racing, or other))any unlawful activities.
AMENDATORY SECTION(Amending WSR 07-16-039, filed 7/24/07, effective 8/24/07)
WAC 132Y-100-088Pedestrian's right of way.
(1) The operator of a vehicle shall yield to any pedestrian, but no pedestrian((s)) shall leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible or unsafe for the driver to yield.
(2) Whenever any vehicle slows or stops so as to yield to pedestrian traffic, the operator of any other vehicle approaching from the rear shall not overtake and pass such vehicle.
(3) Where a sidewalk is provided, pedestrians shall ((proceed upon))use such sidewalk.
AMENDATORY SECTION(Amending WSR 81-17-042, filed 8/14/81)
WAC 132Y-100-092Report of accident.
The operator of any vehicle involved in an accident on campus shall within twenty-four hours report such accident to the campus security office. This does not relieve any person so involved in an accident from ((his))their responsibility to file a ((state of Washington motor vehicle accident report))State of Washington Vehicle Accident Report (SF137) within twenty-four hours after such accident.
AMENDATORY SECTION(Amending WSR 07-16-039, filed 7/24/07, effective 8/24/07)
WAC 132Y-100-096Special traffic/parking rules.
During special occasions or emergencies, ((causing))that cause additional and/or heavy traffic, the ((director of safety and security))senior college security authority is authorized to impose additional traffic and parking regulations to achieve the specified objectives of this chapter.
AMENDATORY SECTION(Amending WSR 07-16-039, filed 7/24/07, effective 8/24/07)
WAC 132Y-100-100Enforcement of parking and traffic rules and regulations.
((The vice president of finance and operations is responsible for parking and traffic management on campus and delegates the authority to enforce the parking and traffic regulations to the director of safety and security.))The senior college security authority, or their designee, is responsible for parking and traffic policies, procedures, and management of the same, on all college property, or college controlled properties.
AMENDATORY SECTION(Amending WSR 07-16-039, filed 7/24/07, effective 8/24/07)
WAC 132Y-100-106Fines, penalties and impounding.
(1) The current schedule of fines shall be published by the college and made available for review in the security office and is also available on the college's website at www.edcc.edu/safety.
(2) In addition to imposing fines, the ((director of safety and security))senior college security authority and duly appointed security officers are authorized to issue citations, impound, immobilize, and take to such place of storage as the ((director of safety and security))senior college security authority selects, any vehicles parked on college property in violation of these regulations. The expenses of such impounding, immobilization, and storage shall be charged to the owner/operator of the vehicle and must be paid prior to the vehicle's release.
(a) The college shall not be liable for loss or damage of any kind resulting from such impounding, immobilization, or storage.
(b) Impoundment of a vehicle does not remove the obligation for any fines associated with the violation itself.
(c) Vehicles left unattended on college property for ((a period greater than seventy-two hours))longer than forty-eight hours may be impounded.
(d) Grounds for impounding vehicles shall include, but not be limited to, the following:
(i) Blocking a roadway so as to impede the flow of traffic;
(ii) Blocking a walkway so as to impede the flow of pedestrian traffic;
(iii) Blocking a fire hydrant or fire lane;
(iv) Creating a safety hazard ((in the opinion of a campus security officer));
(v) Blocking another legally parked vehicle; or
(vi) Parking in a marked (("tow-away" zone))tow-away and/or load/unload zones.
(3) All fines must be paid within twenty calendar days from the date of the citation. All fines are payable as designated on the citation.
(a) If any citation remains unpaid after twenty calendar days from the date of the citation, the following action may be taken by Edmonds ((Community)) College:
(i) ((Degrees, transcripts, grades, refunds, or credits may be withheld until all fines are paid;
(ii) Registration for the following quarter may be delayed;
(iii))) Faculty, students, and staff may be denied future parking privileges.
(ii) Students may be referred to student conduct for unpaid citations.
(iii) Employees may be referred for discipline to supervisor and/or HR.
(b) An accumulation of parking and/or traffic tickets that are not responded to and resolved, by payment or appeal, may be sent to collections after such notification is provided to the registered owner of the vehicle cited.
AMENDATORY SECTION(Amending WSR 07-16-039, filed 7/24/07, effective 8/24/07)
WAC 132Y-100-108Appeal of fines and penalties.
Appeal of fines and penalties must be made in writing((, within five calendar days, to the director of safety and security department. The owner of the vehicle shall be entitled to a hearing with the director of the safety and security department or designee within two business days of any impoundment pursuant to WAC 132Y-100-106. The owner may recover the vehicle before hearing by posting a bond in the amount of the sum of any past due fines plus any fine due for the impoundment infraction plus impoundment cost. In the event that the owner is determined at hearing to be not liable for the impoundment infraction, the amount of the sum of the impoundment fine plus impoundment costs will be returned))as outlined in college policy. College policies and procedures are available at www.edcc.edu/policies.
AMENDATORY SECTION(Amending WSR 07-16-039, filed 7/24/07, effective 8/24/07)
WAC 132Y-100-114Parking of trailers, campers, and similar purpose vehicles on campus.
It is unlawful for any individual, firm or corporation to park any type of vehicle on the grounds of Edmonds ((Community)) College for the purpose of using such a vehicle as a living unit. Any exception must be submitted in writing and approved((, in writing,)) by the ((director of safety and security))senior college security authority.
AMENDATORY SECTION(Amending WSR 07-16-039, filed 7/24/07, effective 8/24/07)
WAC 132Y-100-115Damage to state property.
The cost of repair/replacement of college property damaged by negligent operations, or as the result of indiscriminate acts, must be paid in addition to assessed fines.
AMENDATORY SECTION(Amending WSR 07-16-039, filed 7/24/07, effective 8/24/07)
WAC 132Y-100-116Prohibition of literature on vehicles.
Distribution of literature by placement on motor vehicles parked on Edmonds ((Community)) College campus is hereby prohibited. Literature includes but is not limited to:
(1) Pamphlets;
(2) Flyers; and/or
(3) Stickers.
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 132Y-100-006
Visitor parking.
WAC 132Y-100-014
Free parking by disabled persons.
WAC 132Y-100-020
Permit revocation.
WAC 132Y-100-044
Additional vehicles.
WAC 132Y-100-054
Parking—Operator's responsibility.
WAC 132Y-100-056
Parking within designated spaces.
WAC 132Y-100-060
Locating legal parking space.
WAC 132Y-100-064
Motorcycle parking.
WAC 132Y-100-067
Motorcycle parking.
WAC 132Y-100-068
Bicycle parking and traffic regulations.
WAC 132Y-100-070
Alternative transportation regulations.
WAC 132Y-100-082
Disabled or inoperative vehicles.