Preproposal statement of inquiry was filed as WSR 06-24-139.
Title of Rule and Other Identifying Information: Traffic rules.
Hearing Location(s): Edmonds Community College, Clearview Building, 7030 196th Street S.W., Suite 122, Lynnwood, WA 98036-5999, on May 9, 2007, at 1:00 - 2:00 p.m.
Date of Intended Adoption: June 15, 2007.
Submit Written Comments to: Kathy Beem, Human Resources Office, 20000 68th Avenue West, Lynnwood, WA 98036-5999, e-mail email@example.com, fax (425) 640-1359, by May 9, 2007, at 2:00 p.m.
Assistance for Persons with Disabilities: Contact Kathy Beem by May 1, 2007, at 5:00 p.m., e-mail firstname.lastname@example.org or phone (425) 640-1647.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 132Y-100-001, changing "assign" the most efficient use of space to "make"; WAC 132Y-100-003, new section, Definitions, gives definitions of terms; WAC 132Y-100-006, new section, Visitor parking, gives rules on visitor parking; WAC 132Y-100-008, to give rules on parking permits for employees; WAC 132Y-100-012, changes "unexpired" to "current" permit; WAC 132Y-100-014, new section, Free parking by disabled persons, gives rules for disabled parking; WAC 132Y-100-020, adding the word "or" to item six; WAC 132Y-100-028, describes process to obtain a parking permit; WAC 132Y-100-032, describes proper way to display permit; WAC 132Y-100-052, adds "exempt licensed" to rule; WAC 132Y-100-054, new section, Parking -- Operator's responsibility, states that no person shall leave an unattended vehicle with engine running; WAC 132Y-100-056, describes areas where parking is prohibited; WAC 132Y-100-060, changing "in effect" to "enforced"; WAC 132Y-100-066, describes carpool parking permit rules; WAC 132Y-100-067, new section, Motorcycle parking, describes motorcycle parking; WAC 132Y-100-068, describes bicycle rules; WAC 132Y-100-070, new section, Alternative transportation regulations, gives rules on the operation of bicycles, electronic bicycles, nonmotorized and electric scooters; WAC 132Y-100-080, adds the words "and place" to rule; WAC 132Y-100-082, new section, Disabled or inoperative vehicles, describes disabled or inoperative vehicle rules; WAC 132Y-100-084, adds the words "designated" and "roadways or parking lots" to rule; WAC 132Y-100-088, removing repetitive line regarding pedestrian traffic; WAC 132Y-100-096, describes special traffic and parking rules; WAC 132Y-100-100, rule name change from "Issuance of traffic citations" to "Enforcement of parking and traffic rules and regulations," details the authority for parking rules authority and enforcement; WAC 132Y-100-106, new section, Fines, penalties and impounding, describes penalties for not adhering to parking and traffic rules. Lists grounds for impoundment. Describes penalties for unpaid fines; WAC 132Y-100-108, extends appeal of fines to five calendar days and changes authority from president to director of security; WAC 132Y-100-114, new section, Parking of trailers, campers, and similar purpose vehicles on campus, states that there is no parking of trailers, campers, etc. on campus; WAC 132Y-100-115, new section, Damage to state property, describes responsibility for damage to state property; WAC 132Y-100-116, name change from "Liability of college" to "Prohibition of literature on vehicles" describes that distribution of literature on motor vehicles is prohibited on campus; and WAC 132Y-100-118, new section, Liability of college, states except for college owned or operated vehicles the college assumes no liability for vehicles parked on campus.
Repealed sections WAC 132Y-100-016, 132Y-100-104, and 132Y-100-112.
General Purpose Statement: Revision of parking rules, in order to be able to cite vehicles parked illegally in carpool spaces, overtime in a load-only zone, or in landscaped areas. Also clarifying and expanding on rules for visitor parking, parking permits, disabled parking and alternative transportation, such as bicycles, electric scooters, skateboards, etc.
Reasons Supporting Proposal: The proposed changes will codify the college's ability to formally cite individuals who drive or park in such ways as to (1) cause increased safety hazards, (2) damage college grounds or facilities, or (3) infringe on the rights of others to freely enjoy use of the college's grounds or facilities.
Statutory Authority for Adoption: RCW 28B.50.140.
Statute Being Implemented: RCW 28B.50.140(10), chapter 132Y-100 WAC.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Edmonds Community College, public.
Name of Agency Personnel Responsible for Drafting: Steve Robinson, Edmonds Community College, 20000 68th Avenue West, Room MDL 120, (425) 640-1109; Implementation and Enforcement: Security Staff, Edmonds Community College, (425) 640-1501.
No small business economic impact statement has been prepared under chapter 19.85 RCW. All section changes will take place only on the Edmonds Community College Lynnwood campus parking areas and roadways. There are no small businesses on the campus that will be affected by our parking rules changes. There are the Lynnwood Golf Course and Pro Shop on campus but they have their own parking lot that students and staff may not use.
A cost-benefit analysis is not required under RCW 34.05.328. The college does not anticipate the proposed changes to its traffic rules will have significant cost/benefit effects, other than they will codify the college's ability to formally cite individuals who drive or park in such ways as to (1) cause increased safety hazards, (2) damage college grounds or facilities, or (3) infringe on the rights of others to freely enjoy use of the college's grounds or facilities. The college expects the improved benefit to be a safer public environment that will benefit all users of the college's facilities and grounds, with few additional costs to the college.
April 4, 2007
Vice-President for Human Resources
AMENDATORY SECTION(Amending Resolution No. 81-8-1, filed 8/14/81)
WAC 132Y-100-001 Purpose for adopting rules. Pursuant to the authority granted by RCW 28B.50.140(10), the board of trustees of Community College District 23 is granted authority to make rules and regulations for pedestrian and vehicular traffic on property owned, operated or maintained by the college district. The rules contained in this chapter are established for the following purposes:
(1) To protect and control pedestrian and vehicular traffic; and
(2) To assure access at all times for emergency traffic; and
(3) To minimize traffic disturbances during class hours; and
(4) To facilitate the work of the college by assuring access for its vehicles; and
(5) To ((
assign the limited parking space for)) make the
most efficient use of limited parking space.
[Statutory Authority: RCW 28B.50.140(10). 81-17-042 (Resolution No. 81-8-1), § 132Y-100-001, filed 8/14/81.]
(1) Board: The board of trustees of Edmonds Community College, state of Washington.
(2) Campus: Any or all real property owned, operated, controlled, or maintained by Edmonds Community College, state of Washington.
(3) Car pool: Any group of two or more faculty, staff or students who commute to the college in the same vehicle.
(4) College: Edmonds Community College or any additional community college hereafter established with Edmonds Community College, state of Washington, and collectively, those responsible for its control and operations.
(5) Faculty members: Any employee of Edmonds Community College who is employed on a full-time or part-time basis as a teacher, counselor, librarian or other position for which the training, experience, and responsibilities are comparable as determined by the appointing authority, including administrative appointment.
(6) Foot propelled device: Wheeled devices including, but not limited to, skateboards, roller skates, roller blades, etc., designed or used for recreation and/or transportation purposes.
(7) Security office: The safety and security department office.
(8) Security officers: Employees of the college accountable to the vice-president of finance and operations and responsible for campus security, safety, and parking and traffic control.
(9) Staff: The administrative and classified members employed by the college.
(10) Student: Any person enrolled in the college.
(11) Vehicle: An automobile, truck, motorcycle, scooter or bicycle, both engine-powered and nonengine-powered.
(12) Visitor(s): Person(s) who come on campus as guest(s) or person(s) who lawfully visit the campus for purposes in keeping with the college's role as an institution of higher learning in the state of Washington that are neither employees nor registered students of the institution.
Students and visitors are not required to obtain a permit to park in lots not designated as staff or carpool lots)) no employee shall leave any vehicle unattended in a designated staff lot, on the campus of the college, without a permit issued by the security office unless such employee is in the process of loading and unloading.
Permits shall not be utilized by any person except the person registered to said permit. The college reserves the right to deny any application, or to revoke any permit at any time, if actions resulting from such application or permission constitute present or imminent danger or unlawful activity, or if a prospective user has previously violated the provisions of these parking policies or other written rules or regulations of the college. Outstanding parking fines must be paid before a parking permit may be issued or renewed.
Parking permits are transferable from vehicle to vehicle when used by the permit holder.
If a vehicle is sold or traded, a new permit will be issued to the permit holder at no additional cost if the permit holder does the following:
(1) Records the invalid permit number; and
(2) Removes invalid permit; and
(3) Brings invalid permit or remnant thereof and permit number to the security office. The security office shall then issue the permit holder a new parking permit.
Students and visitors may park in any lot not designated as staff or car pool, without a permit.
[Statutory Authority: RCW 28B.50.140. 92-09-055, § 132Y-100-008, filed 4/13/92, effective 5/14/92. Statutory Authority: RCW 28B.50.140(10). 85-18-010 (Resolution No. 85-8-2), § 132Y-100-008, filed 8/23/85; 83-22-053 (Resolution No. 83-10-2), § 132Y-100-008, filed 11/1/83; 81-17-042 (Resolution No. 81-8-1), § 132Y-100-008, filed 8/14/81.]
(1) A temporary permit authorized by the security office of Edmonds Community College and displayed in accordance with instructions; or
An unexpired parking)) A current vehicle permit
issued by the security office (( of the college, which permit
must be)) and displayed on the vehicle in accordance with
[Statutory Authority: RCW 28B.50.140(10). 81-17-042 (Resolution No. 81-8-1), § 132Y-100-012, filed 8/14/81.]
This section does not apply to those zones or areas in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. The person shall obtain and display a special placard or license plate under RCW 46.16.381 to be eligible for the privileges under this section.
(1) When the purpose of which the permit was issued changes or no longer exists;
(2) When a permit is used by an unregistered vehicle or by an unauthorized individual;
(3) Falsification on a parking permit application;
(4) Continued violations of parking rules;
(5) An accumulation of unpaid parking citations;
(6) Counterfeiting or altering a parking permit; or
(7) When it is in the best interest of the college.
[Statutory Authority: RCW 28B.50.140(10). 83-22-053 (Resolution No. 83-10-2), § 132Y-100-020, filed 11/1/83; 81-17-042 (Resolution No. 81-8-1), § 132Y-100-020, filed 8/14/81.]
(2) Campus information may issue visitor parking permits when such permits are necessary.
(3) Temporary and special parking permits may be issued when such permits are necessary to enhance the business operation of the college.
(4) Two permits may be issued to one individual provided the applicant presents either title or registration indicating ownership of both vehicles.)) Presentation of valid college identification, vehicle make, model, color, license number is required to be issued a permit.
(2) Employees may be issued a parking permit by the security office, upon registration of his/her vehicle with said office at the beginning of full-time employment.
(3) Part-time employees must obtain permits each quarter.
(4) Carpool permits are issued quarterly.
(5) The security office may issue visitor parking permits when such permits are necessary.
(6) Temporary and special permits may be issued by the security office when such permits are necessary to enhance the business operation of the college.
[Statutory Authority: RCW 28B.50.140. 92-09-055, § 132Y-100-028, filed 4/13/92, effective 5/14/92. Statutory Authority: RCW 28B.50.140(10). 81-17-042 (Resolution No. 81-8-1), § 132Y-100-028, filed 8/14/81.]
[Statutory Authority: RCW 28B.50.140(10). 83-22-053 (Resolution No. 83-10-2), § 132Y-100-032, filed 11/1/83; 81-17-042 (Resolution No. 81-8-1), § 132Y-100-032, filed 8/14/81.]
[Statutory Authority: RCW 28B.50.140(10). 81-17-042 (Resolution No. 81-8-1), § 132Y-100-052, filed 8/14/81.]
(1) Stopping the engine, locking the ignition and removing the key; and
(2) Effectively setting the brake and transmission to prevent movement of the vehicle.
(2) No vehicle other than those needed for maintenance
and landscaping may be parked on any landscaped area ((
has been landscaped)) or area designed for landscaping,
(( and)) any developed college property; (( and/))or any cement
or asphalt walkway or unpaved pathway intended for pedestrian
(3) No vehicle shall be parked so as to occupy any
portion of more than one parking ((
area)) space. The fact
that other vehicles may have been so parked as to require the
operator of another vehicle (( parked to occupy)) to park in
more than one space shall not constitute an excuse for
violation of this section.
(4) No vehicle may be parked on any area set aside as yellow curb zones, driveways, pedestrian walkways, or loading and service areas.
[Statutory Authority: RCW 28B.50.140(10). 81-17-042 (Resolution No. 81-8-1), § 132Y-100-056, filed 8/14/81.]
(2) The fact that a person may park or observe others
parked in violation of rules without receiving a citation does
not mean that the rules ((
is)) are no longer (( in effect))
[Statutory Authority: RCW 28B.50.140(10). 81-17-042 (Resolution No. 81-8-1), § 132Y-100-060, filed 8/14/81.]
[Statutory Authority: RCW 28B.50.140. 92-09-055, § 132Y-100-066, filed 4/13/92, effective 5/14/92.]
(2) Bicycles must be parked in racks. At times, rack space may not be available; parking near the racks is permitted provided the parked bicycles do not interfere with pedestrian traffic.
(3) The following specific regulations must be observed while operating bicycles on campus:
(a) Do not ride bicycles inside buildings at any time.
(b) Do not lean or park bicycles near or against windows.
(c) Pedestrians have the right of way on all mall and sidewalk areas of the college. At all times and places of congested pedestrian traffic, the bicycle rider must proceed slowly and yield to pedestrians.
(d) Bicyclists must observe the ten mph speed limit on malls and service drives.
(e) Bicyclists must ride in designated lanes where such lanes exist.
(4) Impoundment policy:
(a) Bicycles parked on paths or sidewalks, in buildings, or near building exits may be impounded. Bicycles left unattended on campus more than twenty-one days may be impounded.
(b) Impounded bicycles will be stored in a location determined by the director of safety and security. The owner will be notified as soon as possible upon impoundment and the owner must reclaim the bicycle within fourteen days.
(5) Abandoned, lost or found bicycles that have been impounded shall be subject to disposal in accordance with the laws of the state of Washington.
[Statutory Authority: RCW 28B.50.140(10). 81-17-042 (Resolution No. 81-8-1), § 132Y-100-068, filed 8/14/81.]
[Statutory Authority: RCW 28B.50.140(10). 83-22-053 (Resolution No. 83-10-2), § 132Y-100-080, filed 11/1/83; 81-17-042 (Resolution No. 81-8-1), § 132Y-100-080, filed 8/14/81.]
[Statutory Authority: RCW 28B.50.140(10). 81-17-042 (Resolution No. 81-8-1), § 132Y-100-084, filed 8/14/81.]
(2) Whenever any vehicle slows or stops so as to yield to
pedestrian traffic, the operator of any other vehicle
approaching from the rear shall not overtake and pass such
a)) vehicle (( which has slowed or stopped to yield to
(3) Where a sidewalk is provided, pedestrians shall proceed upon such sidewalk.
[Statutory Authority: RCW 28B.50.140(10). 81-17-042 (Resolution No. 81-8-1), § 132Y-100-088, filed 8/14/81.]
[Statutory Authority: RCW 28B.50.140(10). 83-22-053 (Resolution No. 83-10-2), § 132Y-100-096, filed 11/1/83; 81-17-042 (Resolution No. 81-8-1), § 132Y-100-096, filed 8/14/81.]
[Statutory Authority: RCW 28B.50.140. 92-09-055, § 132Y-100-100, filed 4/13/92, effective 5/14/92. Statutory Authority: RCW 28B.50.140(10). 81-17-042 (Resolution No. 81-8-1), § 132Y-100-100, filed 8/14/81.]
(2) In addition to imposing fines, the director of safety and security and duly appointed security officers are authorized to issue citations, impound, immobilize, and take to such place of storage as the director of safety and security selects, any vehicles parked on college property in violation of these regulations. The expenses of such impounding, immobilization, and storage shall be charged to the owner/operator of the vehicle and must be paid prior to the vehicle's release.
(a) The college shall not be liable for loss or damage of any kind resulting from such impounding, immobilization, or storage.
(b) Impoundment of a vehicle does not remove the obligation for any fines associated with the violation itself.
(c) Vehicles left unattended on college property for a period greater than seventy-two hours may be impounded.
(d) Grounds for impounding vehicles shall include, but not be limited to, the following:
(i) Blocking a roadway so as to impede the flow of traffic;
(ii) Blocking a walkway so as to impede the flow of pedestrian traffic;
(iii) Blocking a fire hydrant or fire lane;
(iv) Creating a safety hazard in the opinion of a campus security officer;
(v) Blocking another legally parked vehicle; or
(vi) Parking in a marked "tow-away" zone.
(3) All fines must be paid within twenty calendar days from the date of the citation. All fines are payable as designated on the citation.
(a) If any citation remains unpaid after twenty calendar days from the date of the citation, the following action may be taken by Edmonds Community College:
(i) Degrees, transcripts, grades, refunds, or credits may be withheld until all fines are paid;
(ii) Registration for the following quarter may be delayed;
(iii) Faculty, students, and staff may be denied future parking privileges.
(b) An accumulation of parking and/or traffic tickets that are not responded to by payment or appeal may be sent to collections after such notification is provided to the registered owner of the vehicle cited.
[Statutory Authority: RCW 28B.50.140(10). 83-22-053 (Resolution No. 83-10-2), § 132Y-100-108, filed 11/1/83; 81-17-042 (Resolution No. 81-8-1), § 132Y-100-108, filed 8/14/81.]
(2) Flyers; and/or
[Statutory Authority: RCW 28B.50.140. 92-09-055, § 132Y-100-116, filed 4/13/92, effective 5/14/92. Statutory Authority: RCW 28B.50.140(10). 81-17-042 (Resolution No. 81-8-1), § 132Y-100-116, filed 8/14/81.]
The following sections of the Washington Administrative Code are repealed:
|WAC 132Y-100-016||Transfer of permits.|
|WAC 132Y-100-104||Fines and penalties.|
|WAC 132Y-100-112||Enforcement for students.|