WSR 97-14-101

PROPOSED RULES

YAKIMA VALLEY

COMMUNITY COLLEGE

[Filed July 2, 1997, 9:52 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-10-076.

Title of Rule: Parking and traffic regulations.

Purpose: Protect pedestrians, control vehicular traffic, assure emergency access, and minimize traffic disturbance.

Statutory Authority for Adoption: RCW 28B.50.140.

Summary: Update regulations and clarify the appeal of fine process.

Reasons Supporting Proposal: The regulations are seventeen years old. These changes bring rules up-to-date. Additionally, the appeal process needed to be changed to reflect a more equitable process for students and others to appeal parking infraction fines.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Mike Whelan, Director of Facilities Operations, (509) 574-4690.

Name of Proponent: Mike Whelan, Director of Facilities Operations, public.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Explanation of the rule and its purpose was defined in Purpose above. Proposed changes would simplify the parking appeals process by making the appeals board decision final.

Proposal Changes the Following Existing Rules: Parking fines and penalties and appeal of fines and penalties are changed within the rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No impact to businesses in our area.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Does not apply to Yakima Valley Community College.

Hearing Location: Yakima Valley Community College Boardroom, on August 14, 1997, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Mark Cornett by August 8, 1997, TDD (509) 574-4961.

Submit Written Comments to: Mike Whelan, FAX (509) 574-4698, by August 8, 1997.

Date of Intended Adoption: September 4, 1997.

June 26, 1997

Suzanne M. West

Assistant to the President

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-010 Purpose. Pursuant to the authority granted by RCW 28B.50.140, the board of trustees of Yakima Valley Community College, District 16 is granted authority to make rules and regulations for pedestrian and vehicular traffic over property owned, operated or maintained by the college district. The rules and regulations contained herein are established for the following purposes:

(1) To protect and control pedestrian and vehicular traffic.

(2) To assure access at all times for emergency equipment.

(3) To minimize traffic disturbances during class hours.

(4) To facilitate the operation of the ((community)) college ((of the district by assuring access for vehicles and to regulate the use of parking spaces)).

(5) To regulate the use of parking spaces.

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-010, filed 8/27/80.]

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-020 Definitions. As used in this chapter, the following words shall mean:

(1) "College." Yakima Valley Community College, or any additional community college hereafter established with Community College District 16, state of Washington, and collectively, those responsible for its control and operations.

(2) "College community." Trustees, students, employees, and guests on college owned or controlled facilities.

(3) "College facilities." Includes any or all property ((controlled)) owned or operated by the college.

(4) "Student." Includes all ((persons)) individuals enrolled at the college, or in any educational program operating on the college facilities, both full and part time.

(5) (("Security coordinator.")) "Director of facilities operations." An employee of Yakima Valley Community College, District 16, state of Washington, who is responsible to the vice-president for administrative services for campus security, safety, parking and traffic control.

(6) "Vehicle." ((An)) All modes of transportation including, but not limited to automobiles, trucks, motor-driven cycles, scooters, or any vehicle powered by ((an)) a battery or engine((. Also included are)), and also including bicycles and other nonengine vehicles.

(7) "Visitor." ((Any person or persons, who come upon the campus as guests and person or persons who lawfully visit the campus for purposes which are in keeping with the college's role as an institution of higher learning in Washington.)) Any individual who comes to campus who is neither an employee nor a registered student of the college.

(8) "Permanent permits." Permits ((which are)) valid for a ((school term, quarter,)) college year or ((portion thereof)) quarter.

(9) "Temporary permits." Permits ((which are)) valid for less than a quarter and/or a specific period designated on the permit ((or application)).

(10) (("School term.")) "College year." Unless otherwise designated, the time period commencing with the ((summer)) fall quarter of a community college calendar year and extending through the immediately subsequent ((fall,)) winter ((and)), spring, and summer quarters. The ((summer school session)) fall quarter shall be considered the first quarter of the college year for parking and traffic control purposes.

(11) "Special permits." Permits issued for specific purposes by campus security to enhance the business or operation of the college.

(12) "Car pool permits." Permits issued to individuals by campus security to individuals driving a car pool consisting of a minimum of two adults.

(13) "Resident student permits." Permits issued by campus security to students living in the student residence center.

(14) "Reserved parking permits." Permits issued by campus security for a specified parking space reserved for that permit holder only.

(15) "Disabled person permit." A permit issued to a person with a physical, mental, or sensory impairment.

(16) "Designated permit areas." Designated areas of parking on college facilities requiring a permit to park.

(17) "Parking/traffic appeals board." Board responsible for hearing appeals of parking/traffic citations.

(18) "Business day." Set forth in RCW 42.04.060.

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-115-020, filed 8/27/80.]

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-040 Permits required for vehicles ((on campus)) in designated permit areas. Students, faculty and staff shall not stop, park or leave a vehicle ((whether)) attended or unattended ((upon the campus)) in designated permit areas without a parking permit. All persons parking ((on the campus)) in designated permit areas must have the permit properly placed in or on the vehicle by the ((beginning)) first business day of the second week of each quarter. Warning citations will be issued during the first week of the quarter.

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-040, filed 8/27/80.]

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-050 Registration of student, faculty, staff, and visitors vehicles. Students((,)) shall register their vehicles per WAC 132P-116-060(1). Student permits are not required unless the student is a resident of the student residence center per WAC 132P-116-060(3). Faculty((,)) and staff ((and visitors who have motor vehicles on campus will register them with the security office and)) shall obtain ((a)) parking permits((. Failure of these people to obtain and properly display the parking permit will result in a fine)) at the security office. Visitors shall park in areas designated as "visitor" parking and shall obtain a permit at the college information office or security office.

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-050, filed 8/27/80.]

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-060 Authorization for issuance of permits. The campus security office is authorized to issue parking permits to ((students,)) faculty and staff ((members)) of the college pursuant to the following regulations:

(1) Students ((may be issued a parking permit upon the registration of)) will register their vehicle(s) with the ((campus security)) registration office at the beginning of each academic ((period)) quarter.

(2) Faculty and staff ((members)) shall be issued a parking permit upon the registration of their vehicles at the beginning of fall quarter((: Provided, That new faculty and staff members employed during the regular academic year may be issued a parking permit upon the registration of their vehicles)) or at the time ((they begin)) of their employment ((at the college)).

(3) ((Full-time faculty and staff personnel shall be issued a second car permit for another personally owned vehicle. A condition of issuance is that at no time will more than one vehicle be parked on campus unless authorized by campus security.)) Resident students shall obtain a parking permit at the security office within five business days of becoming a resident of the student residence center.

(4) Campus security may issue temporary and special parking permits when such permits are necessary to enhance the business or operation of the college.

(5) Any permit holder may obtain temporary parking permits at the campus security office without charge for an unregistered vehicle when necessary due to the nonavailability of his or her registered vehicle. Issuance of such permit is left to the discretion of the campus security office.

(6) ((The parking permit is issued for the use of the person to whom it was issued and is not to be given to another person for their use.

(7) The permit remains valid as long as the holder remains a student or member of the faculty or staff.)) Permits are issued to an individual and are not transferable. If the individual is no longer attending or employed by the college, the permit is invalid.

(7) Any permit holder may obtain a replacement permit for a replacement fee from the security office upon request and explanation of loss or destruction of original permit.

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-060, filed 8/27/80.]

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-070 Valid permit. A valid parking permit is:

(1) An unexpired permanent ((parking)) permit registered and properly displayed.

(2) A temporary permit issued by campus security and properly displayed.

(3) A special ((parking)) permit issued by campus security and properly displayed.

(4) A ((handicapped)) disabled person permit issued by campus security ((for a specified parking place)) and properly displayed.

(5) A valid disabled person parking sticker issued by the state of Washington and properly displayed.

(6) A resident student permit issued by campus security and properly displayed.

(7) A car pool permit issued by campus security and properly displayed.

(8) A reserved permit issued by campus security and properly displayed.

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-070, filed 8/27/80.]

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-080 Display of permit. All ((permanent)) parking permits shall be ((affixed to the front windshield on the lower left corner. Special and temporary parking permits shall be placed within the vehicle on the left side of the dashboard, where it can be plainly observed)) placed at a designated location within the vehicle in plain view. If the permit is not in plain view, a citation will be issued.

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-080, filed 8/27/80.]

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-100 Permit revocation. Parking permits are the property of the college and may be recalled for any of the following reasons:

(1) When the purpose for which the permit was issued changes or no longer exists.

(2) When a permit is used for an unregistered vehicle or by an unregistered individual.

(3) ((Falsification of a parking permit application.

(4))) Continued violation of college parking and traffic rules and regulations.

(((5))) (4) Counterfeiting or altering ((of)) a parking permit.

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-100, filed 8/27/80.]

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-110 Right to refuse permit. The college reserves the right to refuse ((the issuance of)) to issue a parking permit to anyone who has an outstanding parking fine(s) or penalties, or who has had a previous permit ((revoked)) revocation, or for other good cause shown.

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-110, filed 8/27/80.]

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-120 Responsibility of person to whom permit is issued. The person to whom a permit is issued is responsible for all violations of the parking and traffic rules and regulations involving the vehicle ((for)) to which the permit ((was issued and to which it was)) is affixed((: Provided, however, That such responsibility shall not relieve other persons who violate these rules and regulations)). In the event that a vehicle in violation ((is not registered with the college)) does not have a permit displayed, the current registered owner will be responsible for the violation(s) ((of the campus regulations)).

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-120, filed 8/27/80.]

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-130 Designation of parking spaces. The parking spaces available on campus shall be designated and allocated in such a manner as will best achieve the objective of the rules and regulations contained in this chapter((.)) and shall include, but not be limited to:

(1) Faculty and staff spaces ((shall be designated)).

(2) Student spaces ((shall be designated for their use: Provided, That physically handicapped students may be granted special permits to park in proximity to the classrooms used by such students)).

(3) ((Parking spaces shall be designated for use of visitors on the campus.)) Disabled person spaces.

(4) Such parking spaces may be designated for other purposes as deemed necessary.

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-130, filed 8/27/80.]

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-140 Parking within designated spaces. (1) Any person parking a vehicle ((on Yakima Valley Community College property)) at a college facility shall park ((his)) the vehicle in designated parking areas only. These areas are marked by ((a)) curbs, signs, or white or yellow line(s). Parking on or over a line constitutes a violation.

(2) No vehicle may be parked on any area ((which)) that has been landscaped or designated ((for landscaping; or any cement)) as a walkway or ((unpaved)) pathway ((designated for pedestrian use)) (paved or unpaved), except for ((the purposes of maintenance by an appropriate Yakima Valley Community College employee or by an agent from an outside firm employed by Yakima Valley Community College, or in the case of)) college vehicles, emergency vehicles, or approved agents.

(3) No vehicle may be stopped, parked, or left ((on the Yakima Valley Community College campus)) at a college facility in a designated permit area without a valid parking permit, with the exception of trucks or cars making deliveries.

(4) No vehicle shall be parked on campus for a period in excess of seventy-two hours, unless cleared through the campus security office. Vehicles which have been parked in excess of seventy-two hours shall be impounded and stored at the expense of either or both owner and operator.

(5) ((Personnel)) Staff who require parking longer than normal parking hours may apply through the campus security office for permission.

(6) All vehicles shall follow traffic arrows and other markings established for the purpose of directing traffic on campus.

(7) No vehicle shall be parked so as to occupy any portion of more than one parking space ((or stall)) as designated within the parking area. The fact that other vehicles may have been so parked as to require the vehicle to occupy a portion or more than one space or stall shall not constitute an excuse for a violation of this section unless weather conditions are such as to make this impossible.

(8) ((There are two designated parking areas on campus for student use. They will be open from 6:00 a.m. to 11:00 p.m. Monday through Friday.)) No vehicle shall be parked in such a manner as to interfere with traffic, create a hazardous condition, hinder maintenance, or emergency vehicles, or otherwise interfere with the operation of the college.

(9) No vehicle shall ((be parked on the campus except in those areas set aside and designated pursuant to these rules and regulations)) back into parking stalls.

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-140, filed 8/27/80.]

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-150 ((Day parking.)) Designated permit area hours. The rules and regulations pertaining to ((the use of certain parking permits in specified)) designated permit areas ((shall be)) are in force ((during the hours of 6:00 a.m. to 11:00 p.m)) as posted in the security office.

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-150, filed 8/27/80.]

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-170 Parking in prohibited places. (1) No person shall stop, stand, or park any vehicle so as to obstruct traffic along or upon any street or sidewalk.

(2) No vehicle shall be parked at any place where official signs or other markings prohibit parking, or within fifteen feet of a fire hydrant.

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-170, filed 8/27/80.]

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-200 Pedestrian's right of way. (1) The operator of a vehicle shall yield the right of way((, slow down and/or stop, if need be,)) for any pedestrian((, but no pedestrian shall suddenly 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 ((a)) vehicle ((which has slowed or stopped to yield to pedestrian traffic)).

(3) Where a sidewalk is provided, pedestrians shall proceed upon such a sidewalk.

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-200, filed 8/27/80.]

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-210 Two-wheeled motorbikes ((or)), bicycles, skateboards, or rollerblades. (1) All two-wheeled vehicles powered by ((an)) a battery or engine shall park in a space designated for motorcycles only. ((No vehicle shall be ridden on the sidewalks on campus at any time unless authorized by the president or his designee.))

(2) Bicycles and other nonengine cycles shall be subject to the posted or published regulations as established.

(3) No bicycle((s)) shall be parked inside a building, near a building exit, or on a path or sidewalk. Bicycles must be secured to racks as provided.

(4) Skateboarding and rollerblading is not permitted on campus.

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-210, filed 8/27/80.]

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-220 Report of accident. The operator of any vehicle involved in an accident on campus resulting in injury to, or death of any person, or ((total or)) claimed damage to either or both vehicles ((of)) in any amount, 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)) the responsibility to file a state of Washington motor vehicle accident report ((within twenty-four hours of the accident)) as required by state law.

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-220, filed 8/27/80.]

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-230 Specific traffic and parking regulations and restrictions authorized. Upon special occasions causing additional and/or heavy traffic and during emergencies, the ((security coordinator)) director of facilities operations is authorized to impose additional traffic and parking regulations and restrictions, ((with)) in coordination with the vice-president of administrative services or official designee, for the achievement of the objectives specified in this policy.

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-230, filed 8/27/80.]

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-240 Enforcement. Parking rules and regulations will be enforced throughout the calendar year. ((Parking and traffic rules and regulations are enforced twenty-four hours a day, seven days a week.))

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-240, filed 8/27/80.]

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-250 Issuance of traffic citations. Upon violation(s) of any of the rules and regulations contained in this document, ((the)) security ((coordinator or subordinates)) officers or designee are authorized to issue traffic citations, setting forth the date, permit number, the approximate time, license number, name of permit holder, infraction, officer and schedule of fines. Such traffic citations may be served by attaching or affixing a copy thereof in some prominent place outside such vehicle or by personally serving the citation to the operator.

Violation(s) of the campus traffic code ((refers)) include but are not limited to:

(1) No parking permit displayed. A ((Yakima Valley Community)) college parking ((decal)) permit is necessary when parking in any designated permit area on ((campus)) college facilities. The permit must be ((prominently)) displayed as set forth herein.

(2) Failure to stop at stop signs/signals. ((The)) Failure to bring a vehicle to a complete stop at properly erected and identified stop signs/signals.

(3) Failure to yield right of way. The act of depriving another vehicle or pedestrian of the right of way at an intersection or crosswalk.

(4) Improper parking. Parking a vehicle in areas that are intended for purposes other than parking, i.e., fire lanes, driveways, sidewalk, lawns, or taking up more than one parking stall.

(5) ((Parking in the wrong area.)) Permit violations. Parking in ((faculty areas or any other area differing from the locations indicated on the issued)) designated permit areas without proper permit.

(6) Negligent/reckless driving. The operation of a vehicle in such a manner as to place persons or property in danger of injury or grievous harm.

(7) Speeding. The operation of a vehicle in ((such a manner as to exceed the)) excess of posted speed limits.

(8) Other violations. ((Clearly indicated and an)) Such other actual violations of ((the law or traffic ordinances. The violation must be recorded in the space provided)) these regulations or city, county, or state laws or ordinances.

(9) ((Repeated offenses. Repeated offenses or)) Impoundment. Violations that create a hazardous condition, impede traffic or otherwise interfere with the operation of a college facility may result in the immediate impoundment (removal) of the vehicle.

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-250, filed 8/27/80.]

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-260 Fines and penalties. (1) Fines will be levied for ((all)) violations of the rules and regulations contained in this chapter.

(2) In addition to fines imposed under these regulations, ((illegally parked vehicles or those vehicles not displaying a valid parking permit)) vehicles violating these regulations may be impounded. ((Such)) Impounded vehicles will be taken to a place for storage as designated by the administration. The expenses of such impoundings and storage shall be the responsibility of the registered owner or driver of the vehicle. The college shall not be liable for loss or damage of any kind resulting from such impounding and storage.

(3) An accumulation of traffic violations by a student shall be cause for disciplinary action as stated in WAC 132P-116-110 and in subsection (((9))) (7) of this section.

(4) An accumulation of traffic violations by faculty and staff shall be cause for disciplinary action as stated in WAC 132P-116-100(((4))) and subsection (((10))) (8) of this section.

(5) ((Vehicles involved in violations of these rules and regulations may be impounded as provided in subsection (2) herein.

(6))) Parking and traffic violations will be processed by the college. Parking fines are to be paid at the ((College Security Building, 1107 South 16th Avenue, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday)) college's cashier counter during business hours.

(((7))) (6) A schedule of fines shall be ((set and)) reviewed annually by ((a parking advisory committee appointed by the president or his)) the director of facilities operations and the vice-president of administrative services or designee. This schedule shall be ((published in the summary of)) a supplement to the parking and traffic rules and regulations and ((the traffic violation form)) attached and printed on all college citation forms.

(((8) If the fine is paid during the business day following the date of the citation, the fine will be reduced to $1.00.

(9))) (7) In the event a student fails or refuses to pay a fine, the following may result:

(a) The student ((may)) shall not be eligible to register for any further courses.

(b) The student ((may)) shall not be able to obtain a transcript of his or her grades or credits.

(c) ((The student may not receive a degree until all fines are paid.

(d))) The student may be denied future parking privileges.

(((e) The vehicle may be impounded.

(10) In the event that a faculty or staff member fails to pay a fine the following may result:

(a) The faculty or staff member may have his or her parking privileges on campus revoked.

(b) The vehicle may be impounded.)) (8) In the event that faculty or staff fails to pay a fine, they may have their parking privileges on campus revoked.

(9) In the event that a faculty member, staff member or student has multiple unpaid fines, the vehicle may be impounded or immobilized.

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-260, filed 8/27/80.]

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-270 Parking fees. Parking fees ((shall)) may be adopted by the board of trustees ((specifying the charges per quarter)). The fee schedule shall be published ((and summarized in a separate document entitled "parking fee schedule and administrative procedures manual.")) in the quarterly class schedule and posted in the security office.

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-270, filed 8/27/80.]

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-280 Liability of the college. The college assumes no liability under any circumstances for the vehicles ((on campus)) parking or traveling on college property, nor shall it be held liable for loss of goods or property from vehicles parked on college property.

(1) The college, the college facility operations department, the college security department, the college security officers, members and employees shall not be held liable for any damages or losses occurring to or from vehicles or equipment when rendering motorists assistance, impounding vehicles, or performing any duties as described in these parking and traffic rules and regulations. This section also applies to nonvehicular modes of transportation.

(2) The college provides only limited maintenance to college parking lots. Persons using the college parking lots do so at their own risk. The college will not be responsible for any liability or damage claims.

(3) No bailment is created by the issuance of a parking permit.

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-280, filed 8/27/80.]

AMENDATORY SECTION (Amending Order 21-80, Resolution No. 21-80, filed 8/27/80)

WAC 132P-116-290 Appeal of fines and penalties. (((1))) An appeal from any fine or penalty levied against an individual pursuant to these rules and regulations may be made in writing to the ((security coordinator or his or her designee)) parking/traffic appeals board within five ((working)) business days from the date of the citation. Within twenty ((working)) business days from the receipt of any such appeal, the ((security coordinator)) parking/traffic appeals board shall render a written decision that shall be final.

(((2) If the appellant is not satisfied with the decision of the security coordinator, he or she may appeal in writing to the dean of administrative services within five working days of the appellant's receipt of the decision. Within twenty working days from the receipt of any such appeal, the college dean shall render a written decision.

(3) If the appellant is not satisfied with the decision of the dean of administrative services, he or she may appeal it to the president within five days of his or her receipt of the dean's decision for a final determination.)) As an alternative, an individual may, within five business days, request an appearance before the parking/traffic appeals board. Failure to appeal in writing or request an appearance within the five-day period constitutes a waiver of right to appeal. The decision of the parking/traffic appeals board shall be final.

[Statutory Authority: RCW 28B.50.140(10). 80-12-026 (Order 21-80, Resolution No. 21-80), 132P-116-290, filed 8/27/80.]

NEW SECTION

WAC 132P-116-300 Parking/traffic appeals board. The parking/traffic appeals board shall be appointed by the director of facilities operations. The board shall include a minimum representation of one student, one faculty, and one classified staff. The board shall meet on a regular basis at such times as the director of facilities operations shall designate. The board shall hear appeals of citations issued pursuant to these regulations and render a written decision within twenty business days of the hearing. The board's decision shall be final.

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REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 132P-116-090 Transfer of permit.

WAC 132P-116-160 Night parking.

© Washington State Code Reviser's Office