Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-09-007.

     Title of Rule and Other Identifying Information: Amendment of chapter 504-19 WAC, Campus traffic and parking regulations for Washington State University Vancouver.

     Hearing Location(s): Washington State University, Administration Building, Room 236, Vancouver, Washington, on February 27, 2008, at 4:00 p.m.

     Date of Intended Adoption: March 21, 2008.

     Submit Written Comments to: Ralph T. Jenks, Director and University Rules Coordinator, Office of Procedures, Records, and Forms, P.O. Box 641225, Pullman, WA 99164-1225, e-mail Jenks@wsu.edu, fax (509) 335-3969, by February 28, 2008.

     Assistance for Persons with Disabilities: Contact Linda Nelson by February 22, 2008, (509) 335-3928.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To update and clarify the campus traffic and parking regulations.

     Reasons Supporting Proposal: Amendments are necessary to update and clarify regulations.

     Statutory Authority for Adoption: RCW 28B.30.150.

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

     Name of Proponent: Washington State University, public.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Dave Stephenson, Campus Police Lieutenant, Public Safety, WSU Vancouver, (360) 546-9004.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule has no impact on small business.

     A cost-benefit analysis is not required under RCW 34.05.328. The university does not consider this rule to be a significant legislative rule.

January 23, 2008

Ralph T. Jenks, Director

Procedures, Records, and Forms and

University Rules Coordinator

OTS-1289.3

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-010, filed 7/15/96, effective 8/15/96.]

     (((1))) (a) Expedite university business and provide maximum safety, order, and ((convenience)) access;

     (((2))) (b) Regulate parking, with priority given to:

     (((a))) (i) Services of the university;

     (((b))) (ii) Persons who ((need)) require the use of vehicles in connection with their on-campus work; and

     (((c))) (iii) Staff and students who ((need)) require the use of private vehicles because of a disability or other approved reason; and

     (((3))) (c) Provide and maintain suitable campus parking and traffic facilities.

     (2) The vice-chancellor or designee whose responsibilities include supervision of the parking department shall have the authority to designate particular locations as parking, temporary parking, restricted parking, or prohibited parking, as well as the authority to designate permanent and temporary areas as being closed to vehicular traffic.

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-020, filed 7/15/96, effective 8/15/96.]

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-030, filed 7/15/96, effective 8/15/96.]

     (1) The motor vehicle and other traffic laws of the state of Washington (Revised Code of Washington); and

     (2) ((The WSUV parking and traffic regulations.)) Chapter 504-19 of the Washington Administrative Code.

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-040, filed 7/15/96, effective 8/15/96.]

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560, and chapter 34.05 RCW. 01-19-028, § 504-19-050, filed 9/13/01, effective 10/14/01; 96-15-050, § 504-19-050, filed 7/15/96, effective 8/15/96.]

     (1) Campus. Describes all property owned, leased, and/or controlled by WSUV which is or may hereafter be dedicated mainly to the educational, research, recreational, parking, or other activities of WSUV.

     (2) Day. Unless otherwise specified, the term "day" refers to a calendar day.

     (3) Disability parking. See persons with disability.

     (4) 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)) designated for exclusive use by persons with disability and identified with a sign bearing the associated international symbol.

     (((3))) (5) Fire zone. An area needed for emergency access to buildings, fire hydrants, or fire equipment. Such areas include, but are not limited to, areas with adjacent curbs or rails painted red.

     (6) Holiday (((WSUV 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)). See university holiday.

     (((4))) (7) Illegal use of permit. A parking violation in which a ((citation)) parking ticket is issued under the following circumstances:

     (a) Use of a parking permit((/)) or indicator on ((an unspecified)) a vehicle other than the specified vehicle identified by a license number on the permit.

     (b) Use of a ((counterfeit)) parking permit((/)) or indicator obtained under false pretenses.

     (c) Use of a modified parking permit((/)) or indicator ((obtained under false pretenses)).

     (d) ((Use of a modified permit/indicator.

     (e))) Use and/or retention of a parking permit((/)) or indicator by person(s) ineligible, or no longer eligible, for such permit as described and authorized in this chapter.

     (((5))) (8) Impound. To take and hold a vehicle in legal custody, either by use of a wheel lock and/or towing.

     (9) 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))) (10) 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 unless signed otherwise.

     (((7))) (11) Moped. Any two-wheeled or three-wheeled motor vehicle with an engine displacement of 50 cc or less.

     (((8))) (12) Motorcycle. Any two-wheeled or three-wheeled motor vehicle with an engine displacement greater than 50 cc.

     (((9))) (13) Motor vehicle. All motor-driven conveyances except wheelchairs. Also referred to as "vehicle" in this chapter.

     (((10))) (14) 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))) (15) Officer. Any parking or police official employed by the university who is designated by the parking administrator or police department head to issue parking tickets, to place or remove wheel locks, or to cause vehicles to be towed under this chapter.

     (16) Owner. The person registered with any state as the present owner of a vehicle in the most current registration record available to the university, the owner's expressed representative, or any transferee not designated in such records, provided that the parking administrator or police department head has received actual written notice of the transfer.

     (17) 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))) (18) Parking administrator. The manager in charge of the parking department or designee.

     (19) Parking appeals committee. Any person or persons appointed to consider parking violations and the application of fees, fines, and sanctions. Said person or persons are appointed by the vice-chancellor whose responsibilities include supervision of the parking department or designee.

     (20) Parking department. The university department which is charged with the responsibility of managing, operating, planning, and maintaining parking facilities and enforcing the parking regulations for the WSUV campus.

     (21) Parking meter. A single fixed device that typically requires payment and limits the amount of time a vehicle can park in a single space. Also referred to as "meter" in this chapter. A parking meter is not a parking payment device.

     (22) Parking payment device. A machine that requires payment and vends a parking permit and/or a paid receipt. Parking payment devices may be located in various places on campus. A parking payment device is not a parking meter.

     (23) Parking permit. A vinyl, plastic, ((or)) paper, or other instrument sanctioned by ((WSUV)) the parking department that is displayed from a vehicle and authorizes parking in specified areas. Also referred to as "permit" in this chapter.

     (((13))) (24) Parking ticket. The first notice of a parking violation which is usually placed in a visible location on a motor vehicle.

     (25) Pay parking facility. A location where parking is provided and payment is made on-site via a parking payment device, cashier, or other means other than a parking meter.

     (26) Pedestrian mall. A space that is designed primarily for pedestrian use, but with limited authorized use of motor vehicle and other motorized and nonmotorized conveyances.

     (27) Persons with disability. For the purposes of this chapter, persons with disability shall refer to a person or persons with disability or disabilities who qualify for a state-issued persons with disability parking identification and permit.

     (28) Service vehicle. A vehicle used to provide a service for WSUV or a tenant or contractor of WSUV (e.g., a university-owned vehicle or a privately owned vehicle with a valid service ((permit)) vehicle authorization displayed).

     (((14))) (29) Service zone. Parking spaces or area designated for the use of ((university)) service 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 unless signed otherwise.

     (((15))) (30) 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)) nonstudent employees of the university, and the ((personnel)) nonstudent employees of other ((activities)) entities located on or regularly doing business on campus. Teaching assistants, research assistants, and other students employed by the university or other entities located on or regularly doing business on campus are not "staff." They are considered as students for the purpose of these rules.

     (((16))) (31) Standing. "Standing" is the stopping of a vehicle with the driver remaining in it.

     (32) Storage of a vehicle. Impounded vehicles are held in storage until released. During such time they are subject to storage fees.

     (33) Student. ((Any person who has been admitted to the university, and who is either attending classes or actively pursuing a degree or certificate.)) The term "student" includes all persons who are not staff, who are taking courses at the university, enrolled full-time or part-time, pursuing undergraduate, graduate, professional studies, or auditing one or more classes.

     (((17))) (34) 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.

     (((18))) (35) University. Refers to Washington State University Vancouver.

     (36) University holiday. A day regarded by the university as an official university holiday.

     (37) Unpaid. A full or partial outstanding balance due. This definition includes parking tickets which are pending appeal.

     (38) 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 WSUV typically are open during this time.

     (((19) Vehicle. See motor vehicle.

     (20))) (39) Visitors. Persons who are not staff or students and who only visit the campus on an occasional basis.

     (((21))) (40) Wheel lock. A device used to temporarily immobilize a motor vehicle (((i.e., on-the-spot impoundment))). Wheel locked vehicles are considered to be impounded in place and subject to storage fees.

     (41) Wheel lock-eligible list. The current list of wheel lock-eligible vehicles as maintained by the parking department. A vehicle remains on the wheel lock-eligible list until all fines and fees related to parking tickets are paid in full or otherwise resolved to include the payment of fines and fees related to parking tickets not yet eligible for late fees.

     (42) Wheel lock-eligible vehicle. Any vehicle on which three or more parking tickets more than thirty days old are unpaid and which parking tickets were issued during the time the vehicle was registered to or otherwise held by the owner. The vehicle remains wheel lock-eligible until all fines and fees related to parking tickets are paid in full or otherwise resolved to include the payment of fines and fees related to parking tickets not yet eligible for late fees.

     (43) WSUV. Refers to Washington State University Vancouver.

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-100, filed 7/15/96, effective 8/15/96.]

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-200, filed 7/15/96, effective 8/15/96.]

     (1) Parking permit areas((:)). All parking ((zones)) permit areas are limited to authorized permit holders during specific hours. These hours are posted in each parking ((zone either)) area 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))) unless signed otherwise:

     (a) Disability zones.

     (b) Load/unload.

     (c) Service.

     (d) Reserved.

     (e) Reserved (bagged) parking meters.

     (f) Areas which are specially signed ((areas)) or physically set apart by barricades, traffic cones, tape, or other devices.

     (3) Parking 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 maximum time limit (e.g., a thirty-minute meter will allow a maximum of thirty minutes to be purchased at one time). A motor vehicle which is parked at an expired meter is considered in violation initially, and after each period equal to the maximum time posted for the meter. In such case, a parking ticket may be issued for each violation. For example, a vehicle parked at a meter with a two-hour maximum time limit for six hours and five minutes of CONTINUOUS unpaid parking at the same meter would be eligible for up to three parking tickets.

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-210, filed 7/15/96, effective 8/15/96.]

     (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)) regulation.

     (3) Standing (the stopping of a vehicle with the driver remaining in it) is permitted in marked parking spaces, except metered spaces and restricted spaces, even though the vehicle does not have a valid parking permit. Double parking while "standing" is not permitted.

     (4) Should there be a conflict between these regulations, map designation, and on-site signs regarding parking instructions, the on-site sign takes precedence.

     (((4))) (5) Permit areas and restricted spaces are not always signed individually.

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-220, filed 7/15/96, effective 8/15/96.]

     (2) The university classifies mopeds and motorcycles by engine displacement (also referred to as engine size). This definition applies only to university property and does not replace or supersede the definitions established by the state of Washington for licensing purposes.

     (3) 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 WSUV motorcycle permit during posted times. During all other times, these spaces are restricted to use by motorcycles and mopeds only.

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-250, filed 7/15/96, effective 8/15/96.]

     (a) Registered with ((WSUV public safety)) the parking department; and/or

     (b) Displaying the ((registrant's)) registered parking permit holder's permit.

     (2) Owners of vehicles ((will be)) are held ((primarily liable)) ultimately financially responsible for ((citations)) parking tickets issued to their vehicles.

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-300, filed 7/15/96, effective 8/15/96.]

     Public safety and maintenance personnel performing official duties may deviate from these regulations as required to conduct emergency procedures.

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-350, filed 7/15/96, effective 8/15/96.]

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-410, filed 7/15/96, effective 8/15/96.]

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-420, filed 7/15/96, effective 8/15/96.]

     The ownership of)) A parking permit((s)) is ((generally)) not transferable((, but exceptions can be made by WSUV public safety provided that the:

     (1) Person relinquishing ownership and the eligible purchaser appear in person at WSUV 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 WSUV public safety to be eligible for a replacement or a refund)).

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-440, filed 7/15/96, effective 8/15/96.]

     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 ((WSUV public safety)) the parking department 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 ((WSUV public safety)) the parking department immediately upon discovery. A lost or stolen permit ((will)) may 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 WSUV 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)) upon payment to the parking department of the cost of replacing the permit, according to a schedule adopted by the parking department. Lost or stolen permits must be returned to the ((WSUV public safety office)) parking department immediately if recovered.

     (3) Windshield replacements. When a permit-bearing windshield is replaced, the permit replacement fee ((will be)) is waived if proof of windshield replacement is presented.

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-450, filed 7/15/96, effective 8/15/96.]

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-460, filed 7/15/96, effective 8/15/96.]

     (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 permit fee is unpaid.

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-470, filed 7/15/96, effective 8/15/96.]

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-510, filed 7/15/96, effective 8/15/96.]

parking permits must be displayed in the approved position on the vehicle with permit numbers and relevant dates visible. Vehicles with permits which are not displayed in accordance with the provisions of this section are ((not valid, and vehicles displaying them improperly are)) subject to ((citation)) parking tickets for the violation of improperly displaying a permit.

     (1) Autos and trucks:

     (a) Hanging permits, both annual and ((temporary)) daily, must be displayed hanging from the rear-view mirror post.

     (b) ((Transferable cards and affixed decals)) Permits mounted solely by suction cup and permit decals directly affixed to the windshield 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.

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-520, filed 7/15/96, effective 8/15/96.]

     (1) Orange permits. Orange permit holders may park in their numerically assigned orange zone, or in any green, red, or gray zone.

     (2) Green permits. Green permit holders may park in their numerically assigned green zone, or in any red or gray zone.

     (3) Red permits. Red permit holders may park in their numerically assigned red zone, or in any gray zone.

     (4) Gray permits. Gray permit holders may park in any gray zone.

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-540, filed 7/15/96, effective 8/15/96.]

     (2) Golden cougar permits((:)). Golden cougar permits are special visitor permits that are issued to retired ((faculty and staff free of charge)) staff in recognition of their service without additional cost. They are issued on an annual basis and are valid in any zone. ((Faculty and)) Staff who ((remain regularly)) are employed by the university or other entities located on campus after formal retirement are not eligible to use a golden cougar permit in lieu of a regular paid zone permit.

     (3) President's associates decals((:)). President's associates decals are issued to eligible members of the ((WSU)) Washington State University 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 WSUV 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, a bona fide carpool((s)) with three or more participants ((will be)) is given preference in the assignment of parking zones, and ((will be)) issued a permit ((instrument)) that ((will)) facilitates the carpool. Obtaining or using a carpool permit under false pretenses constitutes the illegal use of a permit.

     (8) Commercial permits. Commercial permits are issued to vendors, suppliers, and service representatives of outside companies performing a service for the university. Commercial permits are valid in zones and areas indicated on the permit.

     (9) Departmental permits. Departmental parking permits are available for use by department employees who need to use their personal vehicles for university business. Departmental permits are available in different forms and are valid at parking meters, service zones, orange, green, red, and gray permit zones, and pay parking facilities. Departmental permits are not valid in reserved spaces. The use of departmental permits for anything other than official departmental business is prohibited by the State Ethics Act.

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-560, filed 7/15/96, effective 8/15/96.]

     (1) A "service indicator decal((s/)) or hanger"((s which are)) is valid typically for a maximum of fifteen minutes in a marked service zone. A ((separate)) "mall service" indicator ((allows)) is valid typically for 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((/)) and hangers which are valid in parking spaces that are signed for the corresponding permit and indicator.

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-580, filed 7/15/96, effective 8/15/96.]

     Staff and students must obtain a temporary disability form from WSUV public safety. These disabled parking privileges will be granted only after submission of the form that shows the applicant meets criteria established by the ADA. The form must be completed by a health care provider. WSUV public safety will not accept substitute forms or letters.)) (1) The provisions of this chapter cover the purchase and display of parking permits and the payment of fees and fines associated with parking for persons with disability.

     (2) For the purpose of this chapter, persons with disability shall refer to a person or persons with disability who qualify for a state-issued persons with disability parking identification and permit.

     (3) The university uses the state persons with disability parking permit system to determine eligibility for a university persons with disability parking permit. Persons desiring to purchase a university persons with disability parking permit must present a valid state-issued persons with disability parking identification and permit.

     (4) Unless otherwise authorized, parking in spaces designated for persons with disability requires a valid university persons with disability parking permit to park on campus. University parking permits for persons with disability are available at the gray zone rate.

     (5) Persons with a university persons with disability parking permit may park in a persons with disability parking space and any other, nonrestricted permit space within a parking permit zone.

     (6) Persons with a university persons with disability parking permit may not park in restricted spaces with the exception of persons with disability parking spaces.

     (7) Unless otherwise posted, any university parking permit to include a persons with disability parking permit is not valid in lieu of payment of regular posted fees in pay parking facilities.

     (8) A state-issued persons with disability license plate, placard, or permit is valid in lieu of a university persons with disability parking permit in parking zones during times when a university permit is not required.

     (9) The university intends to retain control of access to the pedestrian malls on campus. For that reason a university persons with disability parking permit is required in lieu of a state-issued persons with disability license plate, placard, or permit as authorization to use a pedestrian mall to access marked persons with disability parking spaces within the confines of a pedestrian mall.

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-600, filed 7/15/96, effective 8/15/96.]

     (7) The parking department makes a wide array of options available in advance to university departments for use by their visitors, guests, and employees for the purpose of conducting departmental business. However, when necessary, university departments that can establish in writing that a parking ticket issued by the parking department was received as a result of parking any vehicle for the purpose of conducting official state business, or while conducting official business with the university or an entity located at the university are assessed a parking fee assessment (PFA) in lieu of the parking fine. Such requests for PFAs are signed by a department fiscal custodian. A PFA consists of the maximum daily parking fee plus an additional administrative fee for failing to purchase and provide the necessary parking permit or fee in advance or at the time of parking. University departments are encouraged to avoid additional administrative fees associated with PFAs by purchasing and storing prepaid parking permits and by making them available as the department deems necessary. Nothing in this rule allows a university employee to receive, or attempt to receive, any benefit associated with his or her personal expenses in violation of the State Ethics Act. All questionable employee conduct regarding the application of this section is reported to, and investigated by, the university internal auditor. This section applies only to parking tickets issued pursuant to this chapter.

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-650, filed 7/15/96, effective 8/15/96.]

     (2) The university faculty, staff, and students assigned to, enrolled at, or who pay fees to the WSUV campus or employees of other entities located on the WSUV campus must display a valid university parking permit when parking at the university. Any attempt by the above personnel to use a parking permit from another university campus in lieu of a valid university WSUV campus permit may result in a fine for illegal use of a parking permit.

[]

     (2) Reduction of fines((:)).

     (a) Fines for violations of overtime/nonpayment at meter and overtime in time zone paid within twenty-four hours ((will be)) of issuance are 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)) payment 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, that fine will be reduced when possession of a valid parking permit for the location is verified by WSUV public safety within twenty-four hours.

     (3))) (b) Visitors((:)). The first violation of notices for "no parking permit" and "no parking permit for this area" issued to a visitor((s are)) is considered a warning notice((s)) upon presentation to ((WSUV public safety)) the parking department.

     (((4))) (c) If a permit holder of record neglects to display his or her permit and receives a notice of violation for "no parking permit," a reduced fine is assessed when possession of a valid parking permit for the location is verified by the parking department within twenty-four hours.

     (d) Internal policies regarding disposition of parking tickets may be established on approval of the vice-chancellor or designee whose responsibilities include supervision of the parking department under the advisement of the university's internal auditor.

     (3) Inoperable vehicles((:)). It is the owner's responsibility to immediately contact ((WSUV public safety)) the parking department in the event that ((their)) the owner's vehicle becomes inoperable when the vehicle is present on campus.

     (4) Payment of parking fines. All parking fines are due upon issuance of a parking ticket. Thirty days after date of issuance of a parking ticket, a late fee shall be added to all unpaid parking fines. For example, a parking ticket issued on May 1 would be assessed a late fee on May 31. Failure to pay the fine and fee assessed for any violation results in referral to the university controller's office for collection. The controller (or designee) may, if other collection efforts fail, withhold the amount of the outstanding fines and fees from deposits or other funds held for any student in order to secure payment.

     When collection efforts are unsuccessful, the controller (or designee) may notify the registrar to refrain from issuing student transcripts or to withhold permission to reenroll for a subsequent term until outstanding fines and fees are paid. The procedures discussed above are not exclusive, however, and failure by anyone to pay fines and fees may also lead to towing or use of the wheel lock device described in these regulations. Nor are the procedures discussed above a precondition to towing or use of the wheel lock.

     (5) Failure to pay fines. Failure to pay a fine or comply with other penalties assessed pursuant to these regulations, and exhausting or failing to exercise appeals provided for in these regulations, may result in the inability to renew a vehicle license through the state pursuant to RCW 46.16.216.

[Statutory Authority: RCW 28B.30.125. 03-15-062, § 504-19-810, filed 7/14/03, effective 8/14/03. Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-810, filed 7/15/96, effective 8/15/96.]

     (1) Purpose((:)). The parking appeals ((committee)) process serves ((two primary)) the following functions:

     (a) To ((assure an impartial evaluation of the circumstances relating to a particular parking violation)) hear parking ticket appeals; ((and))

     (b) ((To aid in the appraisal of parking and traffic problems)) To hear appeals of wheel lock eligibility determinations; and

     (c) To hear appeals of impoundments.

     (2) Procedure((:)). Any person who has received ((notice of)) a parking ((violation)) ticket may appeal the alleged parking violation. ((The appellant may request more information from WSUV public safety. The appeal must be in writing and received at WSUV public safety within ten calendar days after receipt of notice of the violation. Forms for this purpose are available from WSUV 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.)) Appeal of wheel lock eligibility determinations and impoundments are described in WAC 504-19-865 and 504-19-870.

     (3) Written parking ticket appeals. The appeal must be in writing and received at the parking department within ten calendar days of issuance of the parking ticket. Forms for this purpose are available from the parking department. The parking appeals committee makes an initial decision regarding the appeal within twenty calendar days during the academic year and thirty calendar days during the summer months after receipt of the appeal. The committee provides a brief statement of the reason for its decision to the appellant within ten calendar days of the decision.

     (4) Review hearing of initial decision((:)). If the appellant is dissatisfied with the initial decision, he((/)) or she may request a hearing before a hearing officer or the parking appeals committee. Such a request must be made within ten calendar days ((of service)) of the ((notice)) date of the initial parking appeals committee decision. If no such request is received, the initial decision shall be final. During the ((review)) hearing the appellant and representatives of ((WSUV public safety)) the parking department may present and cross-examine witnesses. The hearing officer or appeals committee shall render a decision in writing and ((serve)) provide the appellant with the decision within ((five)) ten calendar days after the ((review)) hearing.

     (((4))) (5) 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 ((WSUV public safety office)) parking department within ten calendar days after ((service of written notice of the final decision)) the date of the review hearing. ((WSUV public safety will)) The parking department forwards the documents relating to the appeal to the district court.

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-860, filed 7/15/96, effective 8/15/96.]

     (a) The vehicle is on the wheel lock-eligible list; or

     (b) The vehicle displays a lost, stolen, or counterfeit parking permit.

     (2) Any vehicle may be towed away at owner's/operator's expense if the vehicle:

     (a) Has been immobilized by wheel lock for more than twenty-four hours; or

     (b) Is illegally parked in a marked tow-away zone; or

     (c) 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

     (d) Cannot be immobilized with a wheel lock device; or

     (e) Is illegally parked in a disability space.

     (3) The driver and/or owner of a towed vehicle shall pay towing and storage expenses.

     (4) Any vehicle immobilized by use of the wheel lock device in excess of twenty-four hours is assessed a storage fee for each calendar day or portion thereof, beyond the first twenty-four hours.

     (5) 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.

     (6) No vehicle impounded by towing or wheel lock devices shall be released until the following fines are paid in cash or with an approved payment card:

     (a) All unpaid parking ticket fines and late fees against said vehicle and any other vehicle registered to the owner;

     (b) A wheel lock fee; and

     (c) All towing and storage fees.

     (7) A person wishing to challenge the validity of any fines or fees imposed under this chapter may appeal such fines or fees as provided in WAC 504-19-860. However, in order to secure release of the vehicle, such person must pay the amount of such fines or fees as a bond which shall be refunded to the extent the appeal is successful.

     (8) An accumulation of six unpaid violations during any twelve-month period, exclusive of overtime at parking meter violations, and overtime in time zone violations, subjects 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.

[]

     (2) A wheel lock-eligible vehicle shall be placed on the wheel lock-eligible list after notice has been issued as provided in subsection (3) of this section and an appeal of the wheel lock eligibility determination, if requested, under subsection (4) of this section.

     (3) At least ten days prior to placing a vehicle on the wheel lock-eligible list, the parking administrator shall mail a notice to the owner. The parking administrator mails the notice to the address stated on the most current registration records available to the university from a state, or any more current address of which the parking administrator or chief of police has actual written notice. The notice is sent by first class United States mail, postage prepaid. The notice shall set forth:

     (a) The make and license plate number of the alleged wheel lock-eligible vehicle.

     (b) A specified date on which the wheel lock-eligible vehicle is subject to placement on the wheel lock-eligible list.

     (c) A list of the three or more alleged unpaid parking tickets, including the parking ticket number, date, time, place of the violation, and the nature of the violation. This list shall include all unpaid parking tickets issued to a particular vehicle to include the payment of fines and fees related to parking tickets not yet eligible for late fees.

     (d) That the owner may avoid the placement of the vehicle on the wheel lock-eligible list by making payment in full of fines and late fees on all unpaid parking tickets to include the payment of fines and fees related to parking tickets not yet eligible for late fees by the specified date on which the vehicle is subject to placement on the wheel lock-eligible list.

     (e) The name, mailing address (and street address if different), and telephone number of the parking department office that may be contacted to appeal the wheel lock eligibility determination. Such an appeal only considers whether an individual vehicle was properly placed on the wheel lock-eligible list and not the merits of an individual parking ticket, which may be addressed pursuant to a separate appeals process described in WAC 504-19-860.

     (f) That the vehicle is subject to wheel lock, towing, or both once it is placed on the wheel lock-eligible list.

     (g) That all late fees, wheel lock fees, towing, and storage fees shall be payable in full to obtain the release of a vehicle wheel locked or towed pursuant to this chapter in addition to payment of any and all unpaid parking tickets on this vehicle or other vehicles owned by the registered owner to include the payment of fines and fees related to parking tickets not yet eligible for late fees.

     (4) If a request for an appeal of a wheel lock eligibility determination is received by the parking administrator before the specified date in the notice for placement of the vehicle on the wheel lock-eligible list, then the parking administrator shall afford the owner an opportunity to appeal the wheel lock eligibility determination prior to the placing of a vehicle on the wheel lock-eligible list. Although the parking administrator shall not have the authority to adjudicate the merits of any parking ticket, she or he shall, however, receive evidence and other input from the owner appealing the wheel lock eligibility determination that the notice given under subsection (3) of this section was erroneous or based on erroneous information.

     (5) If an owner timely participates in the appeal as scheduled by the parking administrator, he or she shall furnish the owner written notice of his or her decision prior to placing the vehicle on the wheel lock-eligible list.

     (6) After the specified date provided in the notice issued under subsection (3) of this section, the parking administrator shall review the records to ensure that the alleged unpaid parking tickets have not been paid or otherwise resolved, and that no information has been received indicating that the notice was erroneous.

     (7) Once a vehicle has been placed on the wheel lock-eligible list, it shall not be removed from the list unless and until:

     (a) The fines and fees on all unpaid parking tickets issued during the time it has been registered to or otherwise held by the owner are paid or otherwise resolved to include the payment of fines and fees related to parking tickets not yet eligible for late fees;

     (b) The parking administrator receives reliable information that title to the vehicle has been transferred; or

     (c) The parking administrator determines that the placement of the vehicle on the wheel lock-eligible list was erroneous.

     (8) If a vehicle is not properly registered in any state or no registration information is available to the university and the vehicle is wheel lock eligible, then notice shall be provided by posting on the vehicle a conspicuous notice, which shall set forth:

     (a) A description of the alleged wheel lock-eligible vehicle;

     (b) A specified date on which the wheel lock-eligible vehicle is subject to placement on the wheel lock-eligible list;

     (c) That the owner may avoid placement of the vehicle on the wheel lock-eligible list by making payment in full of fines and late fees on all unpaid parking tickets to include the payment of fines and fees related to parking tickets not yet eligible for late fees by the specified date certain on which the vehicle is subject to placement on the wheel lock-eligible list; and

     (d) That the vehicle is subject to wheel lock, towing or both once it is placed on the wheel lock-eligible list.

     (9) An officer shall attempt to wheel lock any vehicle which appears on the wheel lock-eligible list when parked, lawfully or unlawfully, on campus.

     (10) The parking administrator or the chief of police shall ensure that officers are on duty to remove wheel locks from vehicles Monday through Friday between 8:00 a.m. and 5:00 p.m.

[]

[]

     (1) Causing physical damage to a wheel lock device;

     (2) Removing, or attempting to remove, a wheel lock device; or

     (3) Taking or stealing a wheel lock device.

[]

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-920, filed 7/15/96, effective 8/15/96.]

     (2) Bicycles, skateboards, and roller blades/skates 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, and roller blades/skates may not be ridden on or over stairways, steps, ledges, benches, planting areas, or any other fixtures.

     (4) Bicyclists must obey all traffic rules of the road when operating a bicycle in roadways.

     (5) Bicycles may be secured only at bicycle racks and facilities designed for such purpose.

     (6) Bicyclists desiring to enjoy the right of way provided to pedestrians in crosswalks must dismount and walk their bicycle in crosswalks. Failure to do so will result in a bicyclist being in violation of the traffic laws.

[Statutory Authority: RCW 28B.30.095, 28B.30.125, 28B.30.150, 28B.10.560 and chapter 34.05 RCW. 96-15-050, § 504-19-930, filed 7/15/96, effective 8/15/96.]

     The following sections of the Washington Administrative Code are repealed:

WAC 504-19-430	Change in residence or license plates.
WAC 504-19-830	Other violations and sanctions.

© Washington State Code Reviser's Office