PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 04-21-015.
Title of Rule and Other Identifying Information: Chapter 478-118 WAC, Parking and traffic rules of the University of Washington, Tacoma.
Hearing Location(s): Carwein Auditorium, First Floor, Keystone Building, University of Washington, Tacoma, Washington 98402-3100, on February 28, 2005, at 12:30 p.m.
Date of Intended Adoption: March 17, 2005.
Submit Written Comments to: Rebecca Goodwin Deardorff, Director of Rules Coordination, 4014 University Way N.E., Seattle, WA 98105-6203, campus mail Box 355509, e-mail rules@u.washington.edu, fax (206) 616-6294, by February 28, 2005.
Assistance for Persons with Disabilities: Contact UW Disability Services Office by February 18, 2005, TTY (206) 543-6452 or (206) 543-6450.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: After two years of implementation, parking and traffic rules originally promulgated for the UW Tacoma campus in 2002, now need further refinement to meet the needs of this growing campus. Proposed amendments seek to clarify existing rules and to provide additional definitions, rules for visitor parking, and further rules for bicycle and skateboard use.
Statutory Authority for Adoption: RCW 28B.10.560 and 28B.20.130.
Statute Being Implemented: RCW 28B.10.560 and 28B.20.130.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: University of Washington, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Steven G. Olswang, Interim Chancellor, University of Washington, Tacoma, GWP 312, Academic Building, UWT, Tacoma, Washington, (253) 692-5646.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapter 478-118 WAC does not impose a disproportionate impact on small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. Chapter 478-118 WAC is not considered a significant legislative rule by the University of Washington.
January 13, 2005
Rebecca Goodwin Deardorff
UW Director of Rules Coordination
OTS-7679.1
PART I
GENERAL INFORMATION AND DEFINITIONS
AMENDATORY SECTION(Amending WSR 02-15-174, filed 7/24/02,
effective 8/24/02)
WAC 478-118-010
Objectives of parking and traffic rules.
The objectives of these rules are:
(1) To protect and control pedestrian and vehicular traffic on the campus of the University of Washington, Tacoma;
(2) To assure access at all times for emergency vehicles and equipment;
(3) To minimize traffic disturbances;
(4) To facilitate the operation of the university by assuring access to its vehicles;
(5) To allocate limited parking space for the most
efficient use; ((and))
(6) To protect state property; and
(7) To encourage travel to the campus by means other than a single occupancy vehicle (SOV).
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, § 478-118-010, filed 7/24/02, effective 8/24/02.]
(1) Bicycle: Any device defined as a bicycle in chapter 46.04 RCW.
(2) Campus: The campus of University of Washington, Tacoma.
(((2))) (3) Employee: An employee of the university.
(((3))) (4) Fee: A charge for the use of the permit
issued.
(5) Hours of operation: The hours of operation established by the university for a particular parking area, parking lot, or parking space.
(6) Impoundment: The removal of a vehicle to a storage area by either a public safety officer or agent of the university.
(7) Motorcycles and scooters: A motor vehicle designed to travel on not more than three wheels in contact with the ground, on which the driver rides astride the motor unit or power train and is designed to be steered with a handle bar. For the purposes of these rules, motorcycles, motorized bicycles, and motorized scooters are considered to be motor vehicles and are subject to all traffic and parking rules controlling motor vehicles.
(8) Nonmotor/nonmotorized vehicle: A device other than a motor vehicle used to transport persons. Nonmotorized vehicles include, but are not limited to, bicycles, skateboards, rollerblades and rollerskates.
(9) Operator or driver: Every person who drives or is in actual physical control of a motor vehicle or a nonmotorized vehicle.
(10) Parking space: A space for parking one motor vehicle designated by: Lines painted on either side of the space, at the rear of the space, a wheelstop positioned in front of the space, a sign or signs, or other markings.
(11) Public safety officers: Employees of the university who are responsible for campus security, safety, and parking and traffic control.
(((4))) (12) Registered owner: The person who has the
lawful right of possession of a vehicle most recently recorded
with any state department of licensing.
(13) Rollerskate/rollerblade: A device used to attach wheels to the foot or feet of a person.
(14) Skateboard: Any oblong board of whatever composition, with a pair of wheels at each end, which may be ridden by a person.
(15) Student: A person enrolled in the university.
(((5))) (16) Traffic: Motorized and nonmotorized modes
of transportation defined in chapter 46.04 RCW.
(17) University: The University of Washington, Tacoma, and collectively those responsible for its control and operations.
(((6))) (18) Vehicle: ((An automobile, truck,
motorcycle, motorized scooter, or bicycle.
(7))) Any motorized vehicle or nonmotorized vehicle.
(19) Visitor: A person who is neither an employee nor a student of the university.
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, § 478-118-020, filed 7/24/02, effective 8/24/02.]
[]
PART IIPARKING AND TRAFFIC RULES
AMENDATORY SECTION(Amending WSR 02-15-174, filed 7/24/02,
effective 8/24/02)
WAC 478-118-050
Permits required for vehicles on campus.
Except as provided in WAC 478-118-055, no person shall park or
leave any vehicle (other than bicycles), whether attended or
unattended, upon the campus unless the person first purchases
a permit from the university or from the operator of the
parking lot in which the vehicle is parked. Permission to
park on campus will be shown by display of a valid permit, or
(if a parking lot does not issue permits) by payment of the
fee for parking.
(1) A valid permit is:
(a) A current vehicle permit displayed in accordance with
WAC ((478-118-110)) 478-118-100. Vehicle permits are valid
until revoked;
(b) A temporary permit authorized by the university and displayed in accordance with instructions. Temporary permits are valid through the date or time on the permit;
(c) A parking permit issued by a gate attendant and displayed on the vehicle in accordance with instructions; or
(d) A parking permit dispensed by machine at the campus and displayed in accordance with instructions.
(2) Parking permits are not transferable, except as provided in WAC 478-118-060 and 478-118-080.
(3) The university reserves the right to refuse to issue parking permits.
(4) This section does not apply to vehicles that the university owns or operates.
(5) The university may allow persons without permits to drive through the campus without parking.
(6) A public safety officer may require visitors to wait at the entrances to the campus when pedestrian or vehicular traffic congestion is above normal.
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, § 478-118-050, filed 7/24/02, effective 8/24/02.]
(a) Public safety and emergency vehicles while performing services;
(b) Marked taxis, tow trucks, commercial delivery; and media vehicles which have agreed to comply with university guidelines and received prior written approval of the university; and
(c) School buses and tour buses parking in spaces designated by the university.
(2) University departments may pay for all or part of the parking fees for their official visitors and guests based on the established fee schedule.
[]
(2) The university provides parking for the disabled in
accordance with the requirements of federal and state law((,
including parking spots reserved for persons who display a
state of Washington disabled driver permit)).
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, § 478-118-060, filed 7/24/02, effective 8/24/02.]
(2) Permits displaying license plate numbers shall be
((used)) valid only in the vehicles whose license number
((is)) matches the number written on the permit.
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, § 478-118-080, filed 7/24/02, effective 8/24/02.]
(2) Hourly permits dispensed from parking machines are not required to be displayed on or in the vehicle.
(3) When applicable, the area designator (numeral, letter, or combination) shall be affixed to the vehicle permit and shall be fully visible from the exterior of the motor vehicle.
(((3))) (4) Motorcycle and scooter ((permits)) license
numbers shall be registered with the university. Motorcycle
and scooter permits need not be displayed.
(((4))) (5) When required to be displayed, permits not
fully visible from the exterior of a motor vehicle are not
valid and are subject to citation for no valid permit
displayed.
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, § 478-118-100, filed 7/24/02, effective 8/24/02.]
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, § 478-118-200, filed 7/24/02, effective 8/24/02.]
During special occasions causing additional or heavy traffic and during emergencies, the university may impose additional traffic and parking policies to achieve the specified objectives of this chapter.
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, § 478-118-210, filed 7/24/02, effective 8/24/02.]
(2) Motorcycles and ((motorized)) scooters may only be
parked in areas designated ((areas in addition to the regular
parking lots)) for motorcycles.
(3) Motorcycles and ((motorized)) scooters are not
permitted on paths, sidewalks, or authorized bicycle or
pedestrian areas, or in buildings at any time.
(((4) Bicycles shall be parked in designated areas only.
Improperly parked bicycles may be impounded and a citation and
fine imposed upon the owner.
(5) No bicycles or foot-propelled devices shall be operated in campus corridors, hallways, or buildings unless their use is required as part of the educational process in an authorized program, or authorized by campus personnel. A "foot-propelled device" is a wheeled device designed or used for recreation or transportation, including, but not limited to, skateboards, roller skates, and roller blades.))
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, § 478-118-270, filed 7/24/02, effective 8/24/02.]
(2) Bicycles may be ridden any place where vehicles are permitted. They may be ridden on most sidewalks, though pedestrians always have the right of way. It shall be a violation of this section for any bicycle rider to fail to yield to pedestrians, or to ride a bicycle on paths, sidewalks, or streets where signs indicate such is prohibited. An audible signal or warning must be given by the bicyclist whenever there is any appreciable risk of injury to a pedestrian not otherwise aware of the presence of the bicycle.
(3) Bicycles operated on paths, sidewalks, and roadways shall be subject to all relevant state statutes regulating bicycle use. Violation of those statutes shall be considered a violation of this section.
(4) Bicycles shall be operated in a safe manner at all times on paths, sidewalks, and roadways. Riding at speeds too fast for conditions, weaving in and out of vehicular or pedestrian traffic, or similar unsafe actions shall be considered "negligent riding." Negligent riding shall be a violation of this section.
(5) Bicycles shall be parked only in bicycle racks. All bicycle owners are encouraged to secure their bicycles with a secure lock. At no time shall a bicycle be parked in a building, except where bicycle storage rooms are provided, near a building exit, on a path or sidewalk, in planted areas nor chained or otherwise secured to trees, lamp standards, railings, or sign posts.
(6) Moving a bicycle into any unauthorized area such as a building or construction zone is prohibited.
(7) Bicycle racks in campus areas are for parking and shall not be used for overnight storage.
(8) Impoundment for illegal parking.
(a) Bicycles parked in violation of subsections (5), (6), and (7) of this section will be subject to seizure and impoundment by the university.
(b) A bicycle abandoned or parked on university land for fourteen consecutive days or longer is presumed abandoned and is subject to seizure and impoundment by the university. A bicycle will not be considered abandoned when the owner/operator is unable to remove it and so notifies the campus safety and security office. A bicycle that has been obviously stripped or vandalized may be immediately impounded.
(c) Impounded bicycles will be stored by the campus safety and security office. Bicycles will be released at specified times and upon presentation of proof of ownership and payment of any fine that has been imposed. Owners of impounded bicycles, if identifiable, will be notified as soon as reasonably possible after impoundment and must reclaim their bicycle within fifteen consecutive days. Bicycles unclaimed after sixty consecutive days will be subject to disposal, including sale at public auction, in accordance with university property disposal rules.
(d) The university and its officers, agents, and employees shall not be liable for loss or damage of any kind resulting from impoundment, storage, or sale of any item under this section.
(e) Impoundment or sale of any bicycle under this section shall not substitute for, nor release any person from liability for, damage to persons or property caused by the use of a bicycle.
[]
(2) Skateboard use in violation of this section shall result in the following:
(a) For the first offense, the campus safety and security office will record the name of the individual and provide a written warning against further skateboard use in violation of this section. Individuals who cannot produce satisfactory identification will be given a receipt for their skateboard, which will be impounded by the campus safety and security office until they are able to return with the receipt and identification. There will be no impoundment fee.
(b) For a second offense, within twenty-four months of any previous offense or warning, the skateboard will be impounded for not less than forty-eight hours and the offender shall be subject to a fine and/or impoundment fee.
(c) For a third or subsequent offense, within twenty-four months of any previous two offenses, warnings, or combination thereof, the skateboard will be impounded for not less than thirty days and the offender shall be subject to a fine and impoundment fee.
(d) Impounded skateboards will be held by the campus safety and security office and released only during regular business hours to individuals with satisfactory identification.
(3) Skateboards impounded under this section which are unclaimed sixty consecutive days after the applicable minimum impoundment time period has elapsed will be presumed abandoned and be subject to disposal, including sale at public auction, in accordance with university property disposal rules.
(4) The university and its officers, agents, and employees shall not be liable for loss or damage of any kind resulting from impounding, storage, or sale of any item under this section.
(5) Impoundment or sale of any skateboard under this section shall not substitute for, nor release any person from liability for, damage to persons or property caused by use of a skateboard at the university.
[]
PART IIITRAFFIC AND PARKING VIOLATIONS AND ENFORCEMENT
AMENDATORY SECTION(Amending WSR 02-15-174, filed 7/24/02,
effective 8/24/02)
WAC 478-118-400
Issuance of traffic and parking
citations.
Upon probable cause to believe that a violation of
these rules has occurred, a public safety officer or
designated contractor may issue a citation setting forth the
date, the approximate time, the locality, the nature of the
violation, the permit number, license number, infraction,
officer, and the amount of fine(s). The citation shall be
served on the person responsible for the violation by:
Attaching a copy of the citation to, or placing it prominently
within, the vehicle allegedly involved in the violation;
mailing a copy of the citation to the person responsible; or
serving a copy of the citation personally on the person
responsible.
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, § 478-118-400, filed 7/24/02, effective 8/24/02.]
(2) All fines must be paid as designated on the citation
within twenty calendar days from the date of the citation. Fines must be delivered in person to the university's
((finance)) cashier office or postmarked on or before the due
date specified in these rules to avoid additional penalties. If any citation has neither been paid nor appealed after
twenty calendar days from the date of the citation, the
university shall impose an additional fine of ten dollars per
offense and may:
(a) Withhold the violator's degrees, transcripts, grades, refunds, or credits until all fines are paid;
(b) Delay registration for the following quarter;
(c) Impound the violator's vehicle;
(d) Deny future parking privileges to the violator; or
(e) Refuse to issue keys to a violator who is an employee or student.
(3) In addition to imposing fines, public safety officers may impound or immobilize any vehicle parked on campus in violation of these rules. The expenses of impounding, immobilization, and storage shall be charged to the owner or operator, or both, of the vehicle and must be paid before the vehicle's release. Grounds for impounding vehicles shall include, but not be limited to, the following:
(a) Blocking a roadway so as to impede the flow of traffic;
(b) Blocking a walkway so as to impede the flow of pedestrian traffic;
(c) Blocking a fire hydrant or fire lane;
(d) Creating a safety hazard;
(e) Blocking another legally parked vehicle;
(f) Parking in a marked "tow-away" zone;
(g) Leaving a vehicle unattended on campus for longer than two days;
(h) Failing to pay a fine imposed under this chapter; or
(i) Parking a nonuniversity vehicle in a spot reserved for university use.
Not more than twenty-four hours after impoundment of any vehicle (excluding bicycles and skateboards), the university shall mail a notice to the registered owner of the vehicle and to any other person who claims the right to possession of the vehicle, if those persons can be identified. The university shall not be liable for loss or damage of any kind resulting from impounding, immobilization, or storage. Impounding a vehicle does not remove the obligation for any fines associated with the violation.
(4) An accumulation of traffic violations by a student may be cause for discipline under the student conduct code of the university.
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, § 478-118-410, filed 7/24/02, effective 8/24/02.]
(2) The hearing on the appeal shall be a brief adjudicative hearing as provided by RCW 34.05.482 et seq. If a request for an oral statement was made, the presiding officer or officers shall provide reasonable notice of the time and place for receiving the oral statement. The presiding officer(s) shall review the notice of appeal and provide a written decision to the person submitting the appeal within ten days of taking action. If the appeal is denied or modified to a warning, dismissal, reduction, or suspension, the decision shall include a brief statement of its reasons and information about the opportunity for further review. Any fine owed on a written decision that is not further appealed as provided in subsection (3) of this section shall be paid within twenty-one days after service of the decision.
(3) A person wishing to contest the written decision may request a review by contacting the designated university reviewing officer in writing within twenty-one days after service of the decision. The request for review shall explain why the decision was incorrect. The reviewing officer shall, within twenty days of the date of the request, review the matter and render a final written decision to uphold or modify (warning, dismissal, reduction, or suspension), which shall include a brief statement of its reasons and information about the opportunity to appeal the decision to the district court. Any final decision of the reviewing officer not appealed as provided in subsection (4) of this section shall be paid within ten days after service of the decision.
(4) A person wishing to appeal a final decision of the
((citation hearing office)) reviewing officer to the district
court may, within ten days of service of the final decision,
file a written notice with the university's finance office.
The written notice must be submitted on the "Notice of Appeal"
form provided by the university. Documents relating to the
appeal shall immediately be forwarded to the district court,
which shall have jurisdiction to hear the appeal de novo. No
appeal to the district court may be taken unless the citation
has been contested as provided in subsections (2) and (3) of
this section.
[Statutory Authority: RCW 28B.10.560 and 28B.20.130. 02-15-174, § 478-118-420, filed 7/24/02, effective 8/24/02.]
The following section of the Washington Administrative Code is repealed:
| WAC 478-118-510 | Liability of the university. |