PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 04-20-072.
Title of Rule and Other Identifying Information: Chapter 495B-116 WAC, Parking and traffic.
Hearing Location(s): Bellingham Technical College, G Building, Rooms A and B, 3028 Lindbergh Avenue, Bellingham, WA 98225, on January 20, 2005, at 3:30 p.m.
Date of Intended Adoption: February 17, 2005.
Submit Written Comments to: Ronda Laughlin, 3028 Lindbergh Avenue, Bellingham, WA 98225, e-mail rlaughli@btc.ctc.edu, fax (360) 715-8359, by January 10, 2005.
Assistance for Persons with Disabilities: Contact Sue Kerrick-Degnan by January 10, 2005, TTY (360) 715-8379 or (360) 715-8367.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To update the wording to accurately reflect job titles, locations and publications of the college; to accommodate special parking practices for carpool-permitted vehicles; and to clarify the time when a parking permit is initially required.
Reasons Supporting Proposal: See above.
Statutory Authority for Adoption: RCW 28B.50.130.
Statute Being Implemented: RCW 28B.50.130.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Bellingham Technical College, governmental.
Name of Agency Personnel Responsible for Drafting: Ronda Laughlin, College Services, Room 213, (360) 752-8334; Implementation and Enforcement: Greg Cowan, College Services, Room 209, (360) 752-8313.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The amendments to this rule do not have an economic impact to small business.
A cost-benefit analysis is not required under RCW 34.05.328. There are no costs imposed with the amendments to this rule.
November 23, 2004
Ronda Laughlin
Rules Coordinator
OTS-7581.2
AMENDATORY SECTION(Amending WSR 93-05-018, filed 2/10/93,
effective 3/13/93)
WAC 495B-116-030
Definitions.
The definitions set forth
in this section apply throughout this chapter.
(1) "Board" means the board of trustees of Bellingham Technical College.
(2) "Campus" means all lands and buildings devoted to, operated by, or maintained by Bellingham Technical College.
(3) (("Campus security officer" means an employee of the
college who is responsible to the chief business officer.
(4))) "College" means Bellingham Technical College.
(((5) "Safety and security supervisor" means the
college's safety and security supervisor.
(6))) (4) "Chief business officer" means the vice-president of administrative services of Bellingham Technical College.
(5) "Employee" means an individual appointed to the faculty, staff, or administration of the college.
(((7))) (6) "Guests or visitors" mean persons who come
upon the campus as guests or persons who lawfully visit the
campus.
(((8))) (7) "Continuing permits" mean permits issued to
full-time employees for an indefinite period of time.
(((9))) (8) "Annual permits" mean permits that are valid
from the date of issue until the first day of the following
fall quarter.
(((10))) (9) "Temporary permits" mean permits that are
valid for a specific period designated on the permit.
(((11))) (10) "Vehicle" means an automobile, truck,
motor-driven cycle, scooter, or any vehicle otherwise powered.
(((12))) (11) "Full-time student" means a person who is
enrolled on campus for six hours per day or more at the
college.
(((13))) (12) "Part-time student" means a person who is
enrolled on campus for less than six hours per day at the
college.
[Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. 93-05-018, § 495B-116-030, filed 2/10/93, effective 3/13/93.]
(a) When the vehicle is properly registered with the college;
(b) When a permanent or special parking permit is necessary to enhance the business or operation of the college.
(2) ((Additional permits are available at the current fee
schedule to individuals who may be registered to drive any one
of several vehicles.)) Only one vehicle registered to an
individual under ((one)) permit ((fee)) is permitted to park
on campus at any one time.
[Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. 93-05-018, § 495B-116-040, filed 2/10/93, effective 3/13/93.]
(2) All persons parking on the campus shall secure and
display a currently valid parking permit ((within five days
from their date of registration or from their first day of
employment)).
[Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. 93-05-018, § 495B-116-050, filed 2/10/93, effective 3/13/93.]
[Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. 93-05-018, § 495B-116-060, filed 2/10/93, effective 3/13/93.]
[Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. 93-05-018, § 495B-116-080, filed 2/10/93, effective 3/13/93.]
[Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. 93-05-018, § 495B-116-090, filed 2/10/93, effective 3/13/93.]
[Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. 93-05-018, § 495B-116-120, filed 2/10/93, effective 3/13/93.]
(2) ((In instances where violations are repeated, and)) A
vehicle may impound if, in the judgment of the ((safety and
security supervisor, with appropriate documented evidence, the
vehicle may be impounded)) chief business officer or college
designee, such impoundment is warranted due to the fact that
violations have been repeated as evidenced by appropriate
documentation.
[Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. 93-05-018, § 495B-116-150, filed 2/10/93, effective 3/13/93.]
(2) The warning or citation may be served by attaching or affixing a copy in some prominent place outside the vehicle or by personally serving the operator.
[Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. 93-05-018, § 495B-116-160, filed 2/10/93, effective 3/13/93.]
(1) The college shall establish a schedule of fines. The
college shall publish the schedule in the college's ((motor
vehicle code)) Policy and Procedures manual and on the traffic
parking citation form.
(2) Fines will be assessed in accordance with the schedule for the following violations:
(a) No valid permit displayed;
(b) Visitor parking violations;
(c) Occupying more than one parking space;
(d) Occupying a space or area not designated for parking;
(e) Handicapped parking violation;
(f) Parking in an area not authorized by a permit;
(g) Parking in reserved staff space without authorization;
(h) Blocking or obstructing traffic (may be towed if creating a safety hazard);
(i) Parking adjacent to a fire hydrant (may be towed if creating a safety hazard);
(j) Parking in a fire lane (may be towed if creating a safety hazard);
(k) Parking in a zone or area marked no parking;
(l) Other violations of college parking traffic rules.
(3) At the discretion of the chief business officer or a designee, an accumulation of citations by a staff, administrator, or faculty member may be turned over to a private collection agency for the collection of past due fines. Other appropriate collection procedures may be initiated as deemed necessary.
(4) If a ((student)) person fails or refuses to pay an
uncontested fine that has been outstanding in excess of five
days, the chief business officer or a designee may initiate
the following actions:
(a) The person, if a student may not be able to obtain a transcript of credits until all fines are paid;
(b) The person, if a student may not receive a degree or certificate until all fines are paid;
(c) The ((student)) person will not be able to register
as a student for subsequent quarters until all fines are
paid((;
(d) The student may be denied any further parking permits until all fines are paid)).
(5) Vehicles parking in a manner so as to obstruct
traffic, including access to and from parking spaces and
areas, may be subject to a fine and may be impounded if so
designated by the chief business officer or college designee
and taken to a place for storage selected by the ((safety and
security supervisor or a)) college designee. The expenses of
the impounding and storage are the responsibility of the
registered owner or driver of the vehicle.
(6) Vehicles impounded by means of an immobilizing device shall be charged a service fee according to the current fee schedule.
(7) The college is not liable for loss or damage of any kind resulting from impounding and storage of vehicles.
(8) Persons may appeal the issuance of a citation according to WAC 495B-116-180.
[Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. 93-05-018, § 495B-116-170, filed 2/10/93, effective 3/13/93.]
(1) Special provisions shall be made for physically
disabled employees, visitors, students, or their designees. Physically disabled individuals using handicapped parking
spaces must display in that vehicle a valid state-issued
disabled parking permit or license plate. ((The safety and
security supervisor shall issue permits for temporarily
handicapped persons. In addition to the disabled permit,
valid college parking permits must be purchased and displayed
on the vehicle.))
(2) Spaces specifically designated as "visitor" are to be
used only by visitors driving vehicles without continuing or
annual permits((, for a maximum time period of thirty minutes.
A temporary permit is not required. Visitors requiring
parking for longer than thirty minutes may obtain a temporary
permit at the college information desk, and will park in
normal undesignated)). Visitors are to sign at the
information desk or other designated location and are to park
in visitor parking spaces.
(3) The chief business officer or ((a)) college designee
may designate parking spaces for special purposes as deemed
necessary.
(4) Spaces specifically designated as carpool are to be used by those individuals having obtained a valid carpool permit.
[Statutory Authority: RCW 28B.10.140, 42.30.075 and chapter 34.05 RCW. 93-05-018, § 495B-116-210, filed 2/10/93, effective 3/13/93.]