Effective Date of Rule: Thirty-one days after filing.

     Purpose: The purpose of the new rule is to provide updated and clear guidance on the use of bicycles, mopeds, and other powered devices to students, faculty, staff, and guests of Western Washington University. Highlights of the amendments include: Recognizing bicycles as an essential component of a sustainable transportation system; establishing speed limits; and designating walk zones on campus, where riders must dismount and walk their bicycles, mopeds, and other powered devices.

     Citation of Existing Rules Affected by this Order: Repealing WAC 516-13-060; and amending WAC 516-13-010, 516-13-020, 516-13-030, 516-13-080, and 516-13-090.

     Statutory Authority for Adoption: RCW 28B.35.120(12).

     Other Authority: RCW 28B.10.560.

      Adopted under notice filed as WSR 09-07-033 on March 10, 2009.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 5, Repealed 1.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 5, Repealed 1.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: June 1, 2009.

Suzanne M. Baker

Rules Coordinator

OTS-2197.1

     (1) "Bicycle." A vehicle with two wheels in tandem usually propelled by pedals connected to the rear wheel by a chain and having handlebars for steering. The term bicycle is intended to include other pedal-powered cycles.

     (2) "Electric personal assistive mobility device (EPAMD)." A self-balancing device with two wheels not in tandem, designed to transport only one person by an electric propulsion system with an average power of seven hundred fifty watts (one horsepower) having a maximum speed on a paved level surface, when powered solely by such a propulsion system while ridden by an operator weighing one hundred seventy pounds, of less than twenty miles per hour. This term is intended to include other similar devices as defined in RCW 46.04.304 as now or hereafter amended.

     (3) "Moped." A motorized device designed to travel with not more than three sixteen-inch or larger diameter wheels in contact with the ground, having fully operative pedals for propulsion by human power, and an electric or a liquid fuel motor with a cylinder displacement not exceeding fifty cubic centimeters that produces no more than two gross brake horsepower as defined in RCW 46.04.304 as now or hereafter amended.

     (4) "Motorized foot scooter." A device with no more than two ten-inch or smaller diameter wheels that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion, as defined in RCW 46.04.336 as now or hereafter amended.

     (5) "Other powered devices." A device that transports people powered by electric and/or combustion motors except for those licensed under state law for highway use.

     (6) "Pedestrian." Any person who is afoot or who is using a wheelchair, a powered wheelchair or a powered scooter for persons with disabilities.

     (7) "Walk zone." Any area designated by signs or symbols as a place where bicycles, skateboards, and other regulated devices cannot be ridden during specified periods.

[]

[Statutory Authority: RCW 28B.35.120(11). 83-14-014 (Order 6-02-83, Motion No. 6-02-83), § 516-13-010, filed 6/28/83, effective 9/19/83; Order 75-4, § 516-13-010, filed 8/11/75; Order 3085, § 516-13-010, filed 8/9/71.]

[]

     (2) ((All city of Bellingham bicycle regulations are applicable on the campus.)) Bicycles, mopeds, and other powered devices are not to be chained to trees, light posts, or designated works of art.

     (3) Bicycles, mopeds, and other powered devices are to be parked only in bicycle racks ((where provided)) or in ((parking areas)) specifically designated ((or marked as a)) bicycle parking areas. ((No person shall park a bicycle in the public areas of buildings, on a path, sidewalk, walkway, or in such a manner as to block a building exit or entrance.))

     (4) ((Bicycles are not to be chained to a designated work of art.)) Vehicles containing combustible fuel may not be parked inside any university building, except in a garage, research facility, or automotive shop designated for parking such vehicles by the vice-president for business and financial affairs.

     (5) Improperly parked bicycles, mopeds, and other powered devices are subject to impoundment.

[Statutory Authority: RCW 28B.35.120(12). 96-24-016, § 516-13-020, filed 11/22/96, effective 1/1/97. Statutory Authority: RCW 28B.35.120(12), 34.05.220 (1)(b), 34.05.250, 28B.15.600, 42.17.310, 42.30.070 - 42.30.075, chapters 69.41 and 43.21C RCW. 90-10-042, § 516-13-020, filed 4/27/90, effective 5/1/90. Statutory Authority: RCW 28B.35.120(11). 83-14-014 (Order 6-02-83, Motion No. 6-02-83), § 516-13-020, filed 6/28/83, effective 9/19/83; Order 75-4, § 516-13-020, filed 8/11/75; Order 3085, § 516-13-020, filed 8/9/71.]

     (2) ((Bicycles)) They will be released upon presentation of proof of ownership and payment of a (($3.00)) fee if claimed within seven days. ((Bicycles)) If unclaimed after seven days, they will be ((released to the university public safety department)) subject to disposal as abandoned property. If the owner of an impounded bicycle, mopeds, or other powered device can be identified, ((they)) the owner will be notified immediately after impound.

[Statutory Authority: RCW 28B.35.120(12). 02-07-045, § 516-13-030, filed 3/14/02, effective 4/14/02; 96-24-016, § 516-13-030, filed 11/22/96, effective 1/1/97. Statutory Authority: RCW 28B.35.120(11). 83-14-014 (Order 6-02-83, Motion No. 6-02-83), § 516-13-030, filed 6/28/83, effective 9/19/83; Order 75-4, § 516-13-030, filed 8/11/75; Order 3085, § 516-13-030, filed 8/9/71.]

     (3) Riders must yield the right of way ((on all sidewalks, pathways, and plaza areas)) to pedestrians on campus. ((Bicyclists)) Riders will use due caution when riding ((bicycles)) on campus and are encouraged to wear helmets, use lights, and avoid distractions such as cell phones, ear buds, and other devices that inhibit hearing.

     (((2) It is)) (4) Riders are prohibited ((for bicycles to be ridden)) from riding in areas specifically designated as permanent and/or temporary ((dismount)) walk zones. ((Bicyclists)) Riders must dismount and walk their bicycles, mopeds, and other powered devices in designated ((dismount)) walk zones ((during the fifteen minutes prior to and fifteen minutes after each hour)) from ((7:45)) 9 a.m. to ((5:15)) 4 p.m. during regular class days, including finals week, during the regular academic year. Designated walk zones are as follows:

     (a) In Red Square;

     (b) In the congested, narrow walk area from the north side of Engineering Technology to the north side of Carver Gym;

     (c) At Viking Union Vendor's Row; and

     (d) Such other areas as may be designated by the vice-president of business and financial affairs.

     (5) Riders are permitted to ride in the east-west intertie between Carver Gym, the Art Annex, Bond Hall, and Miller Hall but must yield right of way to pedestrians.

     (((3))) (6) Bicyclists are responsible for following the Bicycle Responsibility Code adopted May 21, 1996, by the student bicycle advisory coalition as amended by the central health and safety committee on June 3, 1996, and February 10, 2009:

     (a) Pedestrians have right of way, always.

     (b) Stay in control.

     (c) Avoid congested areas and use back roads when possible.

     (d) Obey the ((dismount policy)) walk zone signs, bicycle speed limits, and obey all traffic laws.

     (e) ((Dismount and)) Walk your bike ((when)) in walk zones and ride slowly in crowded areas.

     (f) Minimize impact -- Stay off the lawns.

     (g) Park and lock bikes only at bike racks.

     (h) Know the code!

     (7) Riders have speed limits as follows:

     (a) Share pedestrian spaces and walkways only at pedestrian walking speeds of three miles per hour, within ten feet of any pedestrian or areas congested with pedestrians.

     (b) Otherwise, speeds are limited to pedestrian jogging speeds of seven miles per hour maximum.

[Statutory Authority: RCW 28B.35.120(12). 02-07-045, § 516-13-080, filed 3/14/02, effective 4/14/02; 96-24-016, § 516-13-080, filed 11/22/96, effective 1/1/97. Statutory Authority: RCW 28B.35.120(11). 92-06-068 (Order 92-01), § 516-13-080, filed 3/3/92, effective 3/31/92; 83-14-014 (Order 6-02-83, Motion No. 6-02-83), § 516-13-080, filed 6/28/83, effective 9/19/83.]

     (5) Failure to use due care and caution)).

     (2) Penalties((:)). The penalties for violating any part of this ((section)) chapter shall be progressive((, with the monetary penalty increasing for each subsequent offense regardless of the nature of the previous offense(s). The first violation shall have a monetary penalty of ten dollars. A second violation shall have a monetary penalty of twenty-five dollars. A third and each subsequent violation shall have a monetary penalty of fifty dollars)). The penalty schedule will be published in the university Fees and Rates Listings and is available at parking services.

     Any ((bicycle)) rider who violates any portion of this section and as a result is involved in a collision with a pedestrian or an object shall have the monetary penalty for the offense(s) doubled.

     Any ((bicycle)) rider who attempts to elude a uniformed police officer attempting to enforce these regulations shall have the monetary penalty for the offense(s) doubled.

     Chapter 516-13 WAC notwithstanding, ((bicycle)) riders remain subject to enforcement of applicable city and state traffic laws while riding upon public roadways or sidewalks.

     A ((bicycle)) rider who refuses to cooperate with a police officer ((or to present proof of identification)) will be subject to arrest for obstructing a law enforcement officer under the provisions of chapter 9A.76 RCW and/or criminal trespass under the provisions of chapter 9A.52 RCW.

     (3) Appeal procedure. A university notice of infraction (NOI) may be appealed by filing a completed appeal form at ((the)) parking services ((office)) or appeal on-line at ((www.park.wwu.edu)) www.ps.wwu.edu within seven days of receipt of the notice of infraction; otherwise, the right to a hearing is forfeited.

     ((Distribution of funds collected from monetary penalties. Moneys collected for violations of chapter 516-13 WAC shall be applied towards the cost of enforcing this section. Moneys received in excess of these costs shall be applied towards bicycle-related projects, including bicycle parking, bicycle pathways and safe bicycling education.))

[Statutory Authority: RCW 28B.35.120(12). 02-07-045, § 516-13-090, filed 3/14/02, effective 4/14/02; 99-07-089, § 516-13-090, filed 3/19/99, effective 4/19/99; 96-24-016, § 516-13-090, filed 11/22/96, effective 1/1/97. Statutory Authority: RCW 28B.35.120(11). 92-06-068 (Order 92-01), § 516-13-090, filed 3/3/92, effective 3/31/92.]

     The following section of the Washington Administrative Code is repealed:

WAC 516-13-060

Motorized bicycles.

© Washington State Code Reviser's Office