Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-07-010.

     Title of Rule: Campus traffic and parking regulations -- Spokane.

     Purpose: To reorganize, clarify and streamline existing parking regulations in accordance with board of regents directive.

     Statutory Authority for Adoption: RCW 28B.30.150.

     Summary: To reorganize, clarify and streamline existing parking regulations and allows fines to be set without codification in the WAC in accordance with board of regents directive.

     Reasons Supporting Proposal: To reorganize, clarify and streamline existing parking regulations in accordance with board of regents directive.

     Name of Agency Personnel Responsible for Drafting: John A. Shaheen, Director, Public Safety Building, Washington State University, (509) 335-4911; Implementation and Enforcement: Jon Schad, 310 North Riverpoint Boulevard, Spokane, WA 99202, (509) 358-7500.

     Name of Proponent: Washington State University, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: Reorganization and streamlining of current parking regulations. Will permit board of regents to change fines without recodification.

     Proposal Changes the Following Existing Rules: Changes eliminate fine structure from WAC.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

     RCW 34.05.328 does not apply to this rule adoption.

     Hearing Location: Washington State University, Lighty Student Services Building, Room 401, Pullman, Washington 99164, on June 10, 2003, at 11:00 a.m.

     Assistance for Persons with Disabilities: Contact Deborah Bartlett by June 6, 2003, dbartl@wsu.edu, (509) 335-2005.

     Submit Written Comments to: Deborah Bartlett, Washington State University, Office of Procedures and Forms, P.O. Box 641225, Pullman, WA 99164-1225.

     Date of Intended Adoption: July 10, 2003.

May 2, 2003

Kirsten Pauli

Rules Coordinator

REGULATIONS FOR WASHINGTON STATE UNIVERSITY SPOKANE
AMENDATORY SECTION(Amending WSR 01-18-015, filed 8/24/01, effective 9/24/01)

WAC 504-14-810   Violations, fines, and sanctions.   (1) Violations and fines: Parking violations will be processed by the university. Fines must be paid at authorized locations((, at the following rates:)). Schedules for parking violations, fines, and sanctions are posted in the public area of the parking services office and on the parking services web site.

(((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))

     (2) Reduction of fines: Fines for violations ((in subsection (1)(a) and (b) of this section)) of overtime/nonpayment at meter and overtime in time zone paid within twenty-four hours will be reduced by one-half. Eligible violations received on Friday or Saturday can be paid on the following Monday to satisfy the twenty-four-hour requirement. Mailed fines must be postmarked within twenty-four hours to receive the one-half reduction. If a permit holder of record neglects to display his/her permit and receives a notice of violation for no parking permit, (((subsection (1)(c) of this section),)) that fine will be reduced ((to five dollars)) when possession of a valid parking permit for the location is verified by WSU Spokane public safety within twenty-four hours.

     (3) Visitors: The first violation of ((the)) notices ((listed in subsection (1)(c) of this section,)) for 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.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-810, filed 8/24/01, effective 9/24/01.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 01-18-015, filed 8/24/01, effective 9/24/01)

WAC 504-14-830   Other violations and sanctions.   (1) Schedules for parking violations fines and sanctions are posted in the public area of the parking operations office and on the parking operations web site.

     (((1))) (2) Late payment of fines: Failure to pay fines and charges will result in the total amount assessed being referred the WSU controller's office for collection. Forty-five days after issuance of a notice of violation a ((ten-dollar charge)) late fee shall be added to all unpaid parking violations.

     (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))) (3) 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)) wheel lock 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))) (4) 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.

[Statutory Authority: RCW 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 01-18-015, § 504-14-830, filed 8/24/01, effective 9/24/01.]

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