PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-10-073.
Title of Rule: Campus traffic and parking regulations -- Spokane.
Purpose: A new chapter to set forth traffic and parking regulations for the WSU Spokane campus.
Statutory Authority for Adoption: RCW 28B.30.125, 28B.30.150, 28B.10.560, and chapter 34.05 RCW.
Summary: A new chapter to set forth traffic and parking regulations for the WSU Spokane campus.
Reasons Supporting Proposal: To expedite university business and provide maximum safety and convenience. To give priority parking to services of the campus and persons who need vehicles in connection with their work or because of a disability or other approved reason.
Name of Agency Personnel Responsible for Drafting: William Gray, WSU Spokane, (509) 358-7505; Implementation and Enforcement: John Schad, WSU Spokane, (509) 358-7991.
Name of Proponent: Facilities Development, WSU Spokane, public and governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: A new chapter to set forth traffic and parking regulations for the WSU Spokane campus.
To expedite university business and provide maximum safety and convenience. To give priority parking to services of the campus and persons who need vehicles in connection with their work or because of a disability or other approved reason.
Proposal does not change existing rules.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
Hearing Location: Washington State University, 618 North Riverpoint Boulevard, Room 316, Spokane, WA 99202, on August 21, at 11:00 A.M.
Assistance for Persons with Disabilities: Contact Kirsten Pauli by August 15, 2001, (509) 335-7739.
Submit Written Comments to: Loretta M. Lamb, P.O. Box 64105, Pullman, WA 99164, fax (509) 335-4642, by August 15, 2001.
Date of Intended Adoption: August 21, 2001.
July 16, 2001
Loretta M. Lamb
Assistant Vice-President for
Personnel and Administration
Rules Coordinator
Chapter 504-14 WACCAMPUS TRAFFIC AND PARKING REGULATIONS
FOR WASHINGTON STATE UNIVERSITY
SPOKANE
PART I: INTRODUCTION
NEW SECTION
WAC 504-14-010
Authorization.
Pursuant to the authority
granted by 28B.30.150, 28B.10.560, and chapter 34.05 RCW, the
board of regents of Washington State University establishes the
following regulations to govern parking and traffic at Washington
State University Spokane, hereinafter referred to as WSU Spokane.
[]
(1) Expedite university business and provide maximum safety and convenience;
(2) Regulate parking, with priority given to:
(a) Services of the campus,
(b) Persons who need vehicles in connection with their work, and
(c) Staff and students who need private vehicles because of a disability or other approved reason;
(3) Provide and maintain suitable campus parking and traffic facilities; and
(4) Provide incentive for participation in the commute trip reduction program.
[]
[]
(1) The motor vehicle and other traffic laws and regulations of the state of Washington (Revised Code of Washington);
(2) The WSU Spokane parking and traffic regulations;
(3) The motor vehicle and other traffic laws and regulations of the City of Spokane.
[]
[]
[]
(1) Campus. Describes all property owned, leased, and/or controlled by WSU Spokane which is or may hereafter be dedicated mainly to the educational, research, recreational, parking, or other activities of WSU Spokane.
(2) Disability zone. A parking zone identified with a sign bearing the international disability symbol that is restricted at all times to use by vehicles bearing a valid WSU disability parking permit or indicator, or any state-issued disability parking permit.
(3) Holiday (WSU Spokane holiday). A day when all campus facilities are generally closed (e.g., Thanksgiving Day, Christmas Day, New Year's Day). Vacation days are not considered holidays. See definition of vacation.
(4) Illegal use of permit. A parking violation in which a citation is issued under the following circumstances:
(a) Use of a permit/indicator on an unspecified vehicle.
(b) Use of a counterfeit permit/indicator.
(c) Use of a permit/indicator obtained under false pretenses.
(d) Use of a modified permit/indicator.
(e) Use and/or retention of a permit/indicator by person(s) ineligible, or no longer eligible, for such permit as described and authorized in this chapter.
(5) Indicator. A vinyl, plastic, or paper instrument displayed adjacent to a parking permit which more clearly defines the parking areas available to a permit holder.
(6) Loading zone. A loading dock or an area signed "loading zone" adjacent to a facility or in a parking area. Such an area is intended for loading and unloading bulky or voluminous material. Loading zones are restricted at all times.
(7) Moped. Any two-wheeled or three-wheeled motor vehicle with an engine displacement of 50 cc or less.
(8) Motorcycle. Any two-wheeled or three-wheeled motor vehicle with an engine displacement greater than 50 cc.
(9) Motor vehicle. All motor-driven conveyances except wheelchairs.
(10) No parking zone. Any area not specifically marked and/or signed for parking. Such areas include, but are not limited to, areas with adjacent curbs or rails painted yellow or red.
(11) Park/parking. This refers to the placement or standing of a vehicle, with or without a driver in attendance, and with or without the engine running.
(12) Parking permit. A vinyl, plastic, or paper instrument sanctioned by WSU Spokane that is displayed from a vehicle and authorizes parking in specified areas.
(13) Public safety. Includes but is not limited to WSU Spokane public safety and others designated as parking enforcement.
(14) Service vehicle. A vehicle used to provide a service for WSU Spokane or a tenant or contractor of WSU Spokane (e.g., a university-owned vehicle or a privately owned vehicle with a valid service permit displayed).
(15) Service zone. Parking spaces designated for the use of university vehicles, other government-owned vehicles, and vehicles displaying a service indicator or commercial permit. Authorized vehicles may park in these zones for a maximum of fifteen minutes, except for vehicles that display a service indicator issued for an extended time. Service zones are restricted at all times.
(16) Staff. For the purposes of these regulations, "staff" includes all faculty, classified staff, administrative and professional employees, temporary employees, and other support personnel employed by the university, and the personnel of other activities located on campus. Teaching assistants, research assistants, and other students employed by the university are not "staff." They are considered as students for the purpose of these rules.
(17) Student. Any person who has been admitted to WSU or to another affiliated academic institution, and who is either attending classes or actively pursuing a degree or certificate.
(18) Summer session. The summer session includes all summer school sessions beginning on the first day of the earliest session and ending on the last day of the latest session.
(19) Vacation. A period of time when classes or final exams are not in session. Except for holidays that fall within this period, the business offices of WSU Spokane typically are open during this time.
(20) Vehicle. See motor vehicle.
(21) Visitors. Persons who are not staff or students and who only visit the campus on an occasional basis.
(22) Wheel lock. A device used to temporarily immobilize a vehicle (i.e., on-the-spot impoundment).
[]
PART II: ENFORCEMENT
[]
(1) Permit areas: All parking zones are limited to authorized permit holders during specific hours. These hours are posted in each parking zone either at the entrance to parking areas or along roadways where parking is marked. Restricted spaces are enforced at all times.
(2) Restricted spaces: These spaces are restricted for their designated purpose at all times (twenty-four hours a day, seven days a week):
(a) Disability.
(b) Load/unload.
(c) Service.
(d) Reserved.
(e) Reserved (bagged) meters.
(f) Specially signed areas.
(3) Metered spaces: Parking meters are in effect during the times posted on each meter. During these times the meter must be paid the posted amount. Additional time cannot be purchased beyond the meter's posted time limit (e.g., a thirty-minute meter will allow a maximum of thirty minutes to be purchased at one time).
[]
(2) Individual parking spaces are marked, and no vehicle may be parked so as to occupy any portion of more than one parking space. The fact that other vehicles were parked in a manner requiring a vehicle to occupy a portion of more than one space shall not constitute an excuse for a violation of this rule.
(3) Should there be a conflict between these regulations, map designation, and on-site signs regarding parking instructions, the on-site sign takes precedence.
(4) Permit areas and restricted spaces are not always signed individually.
[]
(2) Motorcycles and mopeds: Motorcycles and mopeds may park only in spaces which are marked by signs or the letter "M" painted on the parking surface. Motorcycles and mopeds must display a valid WSU Spokane motorcycle permit during posted times. During all other times, these spaces are restricted to use by motorcycles and mopeds only.
[]
(a) Registered with WSU Spokane public safety, and/or
(b) Displaying the registrant's permit.
(2) Owners of vehicles will be held primarily liable for citations.
[]
Public safety and maintenance personnel performing official duties may deviate from these regulations as required to conduct emergency procedures.
[]
[]
PART III: PARKING PERMITS
[]
[]
[]
The ownership of permits is generally not transferable, but exceptions can be made by WSU Spokane public safety provided that the:
(1) Person relinquishing ownership and the eligible purchaser appear in person at WSU Spokane public safety when requesting such a transfer;
(2) Former owner relinquishes all ownership or claim to the permit and pays all outstanding fines; and
(3) New owner completes a new application form for the permit.
If a replacement permit is requested, the old permit must be removed and presented to WSU Spokane public safety to be eligible for a replacement or a refund.
[]
The permit holder has responsibility for removing parking permits prior to selling or trading a vehicle. The identifiable remnants of the original permit must be presented to WSU Spokane public safety to receive a free replacement. Persons failing to comply with this requirement shall pay the cost of a new permit.
(2) Lost/stolen permits. Permit holders are responsible for the security of their permits. The theft or loss of a parking permit should be reported to WSU Spokane public safety immediately upon discovery. A stolen permit will be replaced once at no cost, but only if a theft report of the permit has been filed in the appropriate police jurisdiction and verified by WSU Spokane public safety. The second time the permit is reported stolen, the replacement fee will be ten dollars; the third time, twenty dollars; and thereafter, the original cost of the stolen permit. A lost permit will be replaced once for ten dollars; the second time, twenty dollars; and thereafter at the original cost of the permit. Lost or stolen permits must be returned to the WSU Spokane public safety office immediately if recovered.
(3) Windshield replacements. When a permit-bearing windshield is replaced, the permit replacement fee will be waived if proof of replacement is presented.
[]
[]
(1) The purpose for which the permit was issued changes or no longer exists;
(2) A permit is used on an unauthorized vehicle or by an unauthorized person;
(3) A parking permit application is falsified;
(4) A counterfeit, modified, or lost/stolen permit is used; or
(5) The parking fee is unpaid.
[]
[]
(1) Autos and trucks:
(a) Hanging permits, both annual and temporary, must be displayed hanging from the rear-view mirror post.
(b) Transferable cards and affixed decals must be displayed on the front windshield at the lower left corner (driver's side). Decals must be mounted completely by means of their own adhesive (not by tape).
(2) Motorcycles and mopeds: Motorcycle and moped permits must be mounted completely by means of their own adhesive and prominently displayed on the left rear side of the vehicle or on top of the rear tail light.
[]
[]
(2) Golden cougar permits: Golden cougar permits are special visitor permits that are issued to retired faculty and staff free of charge. They are issued on an annual basis and are valid in any zone. Faculty and staff who remain regularly employed by the university after formal retirement are not eligible to use a golden cougar permit in lieu of a regular paid permit. Comparable permits from other campus institutions will be honored.
(3) President's associates decals: President's associates decals are issued to eligible members of the WSU foundation. They are valid in any zone. However, WSU faculty, staff, and students may not use a president's associates decal in lieu of a paid zone permit.
(4) Conference permits: Conference permits are available to visitors who participate in conferences held on the WSU Spokane campus. They are available on a daily basis only. Conference permits are valid in any assigned zone.
(5) Motorcycle permits: Motorcycle permits are valid within boundaries of areas specifically posted and/or marked for motorcycle permits.
(6) Construction permits: A construction permit is issued to personnel who are working on a construction site on campus. Construction permits are assigned to a specific parking area.
(7) Carpool: Upon completion of application, bona fide carpools with three or more participants will be given preference in the assignment of parking zones, and will be issued a permit instrument that will facilitate the carpool. Obtaining or using a carpool permit under false pretenses constitutes the illegal use of a permit.
[]
(1) Service indicator decals/hangers which are valid for a maximum of fifteen minutes in a marked service zone. A separate mall service indicator allows a maximum of fifteen-minute parking in the pedestrian mall. These are available to staff or students who must use a private vehicle for university business.
(2) Reserved parking indicator decals/hangers which are valid in parking spaces that are signed for the corresponding permit and indicator.
[]
There are two types of disability permits:
(1) Permanent physical disability. Disability permits are available to permanently disabled WSU Spokane staff and students at the established fee. Disability permit holders may park in any zone and meter spaces if disability parking spaces are not available. They may not park in service zones or reserved spaces if disability parking spaces are not available.
(2) Temporary physical disability. Disability permits are available to temporarily disabled staff and students at the established fee for a maximum of six weeks, although they may be renewed.
Staff and students must obtain temporary disability forms from WSU Spokane public safety. These disabled parking privileges will be granted only after submission of the forms that show the applicants meet criteria established by the ADA. The forms must be completed by health care providers. WSU Spokane public safety will not accept substitute forms or letters.
[]
[]
PART IV: FINES, SANCTIONS, AND APPEALS| (a) Overtime/nonpayment at meter | $ 10.00 |
| (b) Overtime in time zone | $ 10.00 |
| (c) No parking permit | $ 25.00 |
| (d) No parking permit for this area | $ 20.00 |
| (e) No parking zone | $ 20.00 |
| (f) Improper display of permit/indicator | $ 5.00 |
| (g) Blocking traffic | $ 25.00 |
| (h) Unauthorized parking in a disability space | $ 250.00 |
| (i) Parking in a fire zone | $ 50.00 |
| (j) Unauthorized parking in reserved area | $ 40.00 |
| (k) Illegal use of permit | $ 65.00 |
| (l) Display of lost or stolen permit | $ 200.00 |
| (m) Wheel lock fee | $ 50.00 |
| (n) Unauthorized/overtime parking in service space | $ 25.00 |
| (o) Unauthorized/overtime parking on the pedestrian mall | $ 50.00 |
| (p) All other parking violations | $ 20.00 |
(3) Visitors: The first violation of the notices listed in subsection (1)(c) of this section, no parking permit, and subsection (1)(d) of this section, no parking permit for this area, issued to visitors are considered warning notices upon presentation to WSU Spokane public safety.
(4) Inoperable vehicles: It is the owner's responsibility to immediately contact WSU Spokane public safety in the event that the owner's vehicle becomes inoperable.
[]
(a) If a WSU student or staff member fails to pay the fine assessed for any violation, the fine will be referred to the WSU controller's office for collection. The controller may, if other collection efforts fail withhold the amount of the outstanding fines from damage deposits or other funds held for any student in order to secure payment. Where collection efforts are unsuccessful, the controller may notify the registrar to refrain from issuing student transcripts or to withhold permission to reenroll for a subsequent term until outstanding fines are paid.
(b) The procedures discussed above are not exclusive, however, and failure by anyone to pay fines may lead to towing or use of the wheel lock device described in these regulations. The procedures discussed above are not a precondition to towing or use of the wheel lock.
(2) Impound by wheel lock or towing:
(a) Any vehicle with an accumulation of three or more unpaid parking violations or any vehicle displaying a lost or stolen permit may be temporarily immobilized by use of a wheel lock device placed on a wheel. A fifty-dollar fee will be assessed on vehicles which are immobilized with a wheel lock.
(b) Any vehicle may be towed away at owner's/operator's expense if the vehicle:
(i) Has been immobilized by wheel lock more than twenty-four hours; or
(ii) Is illegally parked in a marked tow-away zone; or
(iii) Is a hazard or obstruction to vehicular or pedestrian traffic (including, but not limited to, vehicles parked at curbs or rails painted yellow or red or in crosswalks); or
(iv) Cannot be impounded with a wheel lock device; or
(v) Is illegally parked in a disability space.
(c) The driver and/or owner of a towed vehicle shall pay towing and storage expenses.
(d) Any vehicle immobilized by use of the wheel lock device in excess of twenty-four hours will be assessed an additional storage fee of ten dollars for each calendar day or portion thereof, beyond the first twenty-four hours.
(e) The university assumes no responsibility in the event of damages resulting from towing, use of wheel lock devices, storage, or attempts to move a vehicle with a wheel lock device installed.
(f) No vehicle impounded by towing or wheel lock devices shall be released until the following fines are paid in cash:
(i) All unpaid parking violation penalties against said vehicle and any other vehicle registered to the violator;
(ii) A fifty-dollar wheel lock fee;
(iii) All towing and storage fees.
(g) Any vehicle impounded pursuant to these regulations in excess of thirty calendar days shall be considered an abandoned vehicle and shall be disposed of in accordance with chapter 46.55 RCW.
(h) A person wishing to challenge the validity of any fines or fees imposed under this subsection may appeal such fines or fees as elsewhere provided in these regulations. However, in order to secure release of the vehicle, such person must pay the amount of such fines or fees as a bond which will be refunded to the extent the appeal is successful.
(i) An accumulation of six unpaid violations during any twelve-month period, exclusive of meter violations, and overtime in time zone violations, will subject the violator to revocation or denial of parking privileges. Vehicles without permits which accumulate the above number of violations may be prohibited from parking on university property.
(3) Failure to pay fines: Failure to pay a fine or comply with other penalties assessed pursuant to these regulations after exhausting or failing to exercise appeals provided for in these regulations constitutes a violation of RCW 28B.10.560. A citation or complaint for such violations may be issued and filed with the district court. Upon request of the university, the department of licensing may withhold vehicle registration pending the payment of outstanding parking fines.
[]
(a) To assure an impartial evaluation of the circumstances relating to a particular parking violation; and
(b) To aid in the appraisal of parking and traffic problems.
(2) Procedure: Any person who has received notice of a parking violation may appeal the alleged violation. The appellant may request more information from WSU Spokane public safety. The appeal must be in writing and received at WSU Spokane public safety within ten calendar days after receipt of notice of the violation. Forms for this purpose are available from WSU Spokane public safety. The parking appeals committee will make an initial decision on the appeal within twenty calendar days during the academic year and forty-five calendar days during the summer months after receipt of the appeal. The committee will serve a brief statement of the reasons for its decision on appellant within ten days of the decision.
(3) Review of initial decision: If the appellant is dissatisfied with the initial decision, he/she may request a hearing before a hearing officer or appeals committee. Such request must be made within ten calendar days of service of the notice of the initial decision. If no such request is received, the initial decision shall be final. During the review hearing the appellant and representatives of WSU Spokane public safety may present and cross-examine witnesses. The hearing officer or appeals committee shall render a decision in writing and serve appellant with the decision within five calendar days after the review hearing.
(4) Appeal to district court: RCW 28B.10.560 provides that a person who is not satisfied with the final decision of the university may appeal to district court. The application for appeal to district court shall be in writing and must be filed at the WSU Spokane public safety office within ten calendar days after service of written notice of the final decision. WSU Spokane public safety will forward the documents relating to the appeal to the district court.
[]
PART V: TRAFFIC RULES
[]
[]
(2) Bicycles, skateboards, in-line skates, and scooters may be ridden and used on sidewalks when a bike path is not provided. Operators must move at a safe speed and yield to pedestrians at all times.
(3) Bicycles, skateboards, in-line skates, and scooters may not be ridden on or over stairways, steps, ledges, benches, planting areas, or any other fixtures, or where there are restricted signs.
(4) Bicyclists must obey all traffic rules of the road when operating a bicycle in roadways.
(5) Bicycles shall be secured only at bicycle racks and facilities designed for such purpose.
[]
(2) When traffic control signals are not in place or not in operation at pedestrian crossings, a vehicle must yield the right of way, by slowing down or stopping, when the pedestrian in the crossing is upon the same half of the roadway as the vehicle, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(3) 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 for the driver to yield.
(4) Pedestrians who are between adjacent intersections at which traffic control signals are in operation must not cross at any place except in a marked crosswalk.
[]