WSR 98-21-008

EMERGENCY RULES

WESTERN WASHINGTON UNIVERSITY

[Filed October 9, 1998, 10:53 a.m.]

Date of Adoption: June 9, 1998.

Purpose: Changes in these rules are to provide for enforcement of these regulations as infractions within the university administrative structure rather than as criminal offenses in district court.

Citation of Existing Rules Affected by this Order: Amending WAC 516-13-090 and 516-15-050.

Statutory Authority for Adoption: RCW 28B.35.120(12).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The university academic year is just starting and it is important to treat all students and others consistently from the beginning of the academic year to avoid confusion and everyone being equally treated under the law.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 2, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, amended 2, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 2, repealed 0.

Effective Date of Rule: Immediately.

September 24, 1998

Gloria A. McDonald

Rules Coordinator

OTS-2585.1

AMENDATORY SECTION (Amending WSR 96-24-015, filed 11/22/96, effective 1/1/97)

WAC 516-15-050 Enforcement. A person using a skateboard, coaster, in-line skates, toy vehicle, or similar device who refuses to abide by ((~~these~~)) the rules and regulations ((~~will be asked to leave the campus. Refusal to obey will subject the person to being cited for trespass under the provisions of chapter 9A.52 RCW.~~

If the user is a student, the student will be asked to remove the skateboard, coaster, in-line skates, toy vehicle, or other similar device from use on campus. If the student refuses, a proceeding may be initiated under chapter 516-22 WAC, the student rights and responsibilities code)) set forth under chapter 516-15 WAC may be issued a university notice of infraction (NOI) for using a skateboard, coaster, in-line skates, toy vehicle, or similar device on campus in an area not designated for such use.

Penalties: The penalties for violating any part of this section shall be progressive, with the monetary penalty increasing for each subsequent offense. The first violation shall have a monetary penalty of ten dollars. A second violation shall have a monetary penalty of fifty dollars.

Any person who violates any portion of this section and as a result is involved in a collision with a pedestrian or an object shall have the monetary penalty for the offense doubled.

Any person using a skateboard, coaster, in-line skates, toy vehicle, or similar device who attempts to elude a uniformed police officer attempting to enforce these regulations shall have the monetary penalty for the offense doubled.

Appeal procedure. A university notice of infraction (NOI) may be appealed by filing a completed appeal form at the parking services office within seven days of receipt of the notice of infraction; otherwise, the right to a hearing is forfeited.

[Statutory Authority: RCW 28B.35.120(12). 96-24-015, § 516-15-050, filed 11/22/96, effective 1/1/97. Statutory Authority: RCW 28B.35.120. 87-21-080 (Resolution No. 87-02), § 516-15-050, filed 10/21/87.]

OTS-2584.1

AMENDATORY SECTION (Amending WSR 96-24-016, filed 11/22/96, effective 1/1/97)

WAC 516-13-090 Enforcement. A bicycle rider who refuses to abide by these regulations ((will be asked to leave the campus. A person who refuses to obey the request is subject to being cited for criminal trespass under the provisions of chapter 9A.52 RCW. If a student refuses to abide by these regulations, a proceeding may be initiated under chapter 516-23 WAC, the Student Rights and Responsibilities Code. Enforcement described in this chapter does not preclude other established university disciplinary procedures)) set forth under WAC 516-13 may be issued a university notice of infraction (NOI) for one or more of the following infractions:

(1) Failure to yield right of way to pedestrian;

(2) Failure to stay in control of bicycle;

(3) Failure to obey dismount policy;

(4) Riding on lawn or other restricted area;

(5) Failure to use due care and caution.

Penalties: The penalties for violating any part of this section shall be progressive, with the monetary penalty increasing for each subsequent offense regardless of the nature of the previous offense(s). The first violation shall have a monetary penalty of ten dollars. A second violation shall have a monetary penalty of twenty-five dollars. A third and each subsequent violation shall have a monetary penalty of fifty dollars.

Any bicycle rider who violates any portion of this section and as a result is involved in a collision with a pedestrian or an object shall have the monetary penalty for the offense(s) doubled.

Any bicycle rider who attempts to elude a uniformed police officer attempting to enforce these regulations shall have the monetary penalty for the offense(s) doubled.

Chapter 516-13 WAC notwithstanding, bicycle riders remain subject to enforcement of applicable city and state traffic laws while riding upon public roadways or sidewalks.

A bicycle rider who refuses to cooperate with a police officer or to present proof of identification will be subject to arrest for obstructing a law enforcement officer under the provisions of chapter 9A.76 RCW and/or criminal trespass under the provisions of chapter 9A.52 RCW.

Distribution of funds collected from monetary penalties. Moneys collected for violations of chapter 516-13 WAC shall be applied towards the cost of enforcing this section. Moneys received in excess of these costs shall be applied towards bicycle-related projects, including bicycle parking, bicycle pathways and safe bicycling education.

[Statutory Authority: RCW 28B.35.120(12). 96-24-016, § 516-13-090, filed 11/22/96, effective 1/1/97. Statutory Authority: RCW 28B.35.120(11). 92-06-068 (Order 92-01), § 516-13-090, filed 3/3/92, effective 3/31/92.]

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