PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 12-01-082.
Title of Rule and Other Identifying Information: The university is updating the campus traffic and parking regulations for WSU Vancouver, chapter 504-19 WAC.
Hearing Location(s): Lighty 401, WSU Pullman, Pullman, Washington and VCLS 130, WSU Vancouver, Vancouver, Washington, on March 29, 2012, at 4:00 p.m.
Date of Intended Adoption: May 6, 2012.
Submit Written Comments to: Ralph Jenks, Rules Coordinator, P.O. Box 641225, Pullman, WA 99164-1225, e-mail prf.forms@wsu.edu, fax (509) 335-3969, by March 29, 2012.
Assistance for Persons with Disabilities: Contact Deborah Bartlett, (509) 335-2005, by March 27, 2012.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To update the campus traffic and parking regulations for WSU Vancouver.
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 and Implementation: Dave Stephenson, Lieutenant, WSU Vancouver Police Department, Public Safety, Finance and Operations, Vancouver Administration 160, Vancouver, WA 98686-9600, (360) 546-9004; and Enforcement: Lynn Valenter, Vice Chancellor, Finance and Operations, and Interim Chancellor, WSU Vancouver, Vancouver Administration 226, Vancouver, WA 98686-9600, (360) 546-9590.
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.
February 22, 2012
Ralph T. Jenks, Director
Procedures, Records and Forms
and University Rules Coordinator
OTS-4589.1
AMENDATORY SECTION(Amending WSR 08-08-049, filed 3/27/08,
effective 7/1/08)
WAC 504-19-250
Motorcycles and mopeds.
(1) The general
traffic regulations applicable to motor vehicles apply to
motorcycles and mopeds. Motorcycles or mopeds may not be
driven on sidewalks or in pedestrian mall areas. Owners of
motorcycles and mopeds are responsible for all violations
issued.
(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 parking in such designated areas 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. To park a motorcycle or moped in nonmotorcycle parking spaces, a full-price vehicle permit must be displayed in an approved motorcycle permit holder. Approved motorcycle permit holders may be signed out from parking services at the time of permit purchase. Issued permit holders must be returned to parking services within two weeks of the permit's expiration date or an administrative service fee is charged to the permit user's account.
[Statutory Authority: RCW 28B.30.150. 08-08-049, § 504-19-250, filed 3/27/08, effective 7/1/08. 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.]
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 subject to parking tickets for the violation of improperly displaying a permit, or for the violation of no parking permit if a valid permit cannot be verified from the exterior of the vehicle.
(1) Autos and trucks:
(a) Hanging permits, both annual and daily, must be displayed by hanging the permit from the rear-view mirror post or laying the permit on the dashboard with the proof of payment and valid dates visible from the exterior of the vehicle.
(b) 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.30.150. 08-08-049, § 504-19-520, filed 3/27/08, effective 7/1/08. 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.]
(2) Golden cougar permits. Golden cougar permits are special visitor permits that are issued to retired staff in recognition of their service without additional cost. They are issued on an annual basis and are valid in any zone. Staff who 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 Washington State University foundation. Use of these decals for parking shall be in accordance with a separate agreement between WSU and the WSU foundation. However, WSU faculty, staff, and students may not use a president's associates decal or any other parking benefit instrument 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)) as marked on the
issued permit.
(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 application to WSUV parking services, a bona fide carpool as defined by the campus policies and procedures is given preference in the assignment of parking zones, and issued a permit that 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.30.150. 09-11-069, § 504-19-560, filed 5/14/09, effective 7/1/09; 08-08-049, § 504-19-560, filed 3/27/08, effective 7/1/08. 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 or hanger" is valid
typically for a maximum of ((fifteen)) thirty minutes in a
marked service zone. A "mall service" indicator is valid
typically for a maximum of ((fifteen)) thirty-minute parking
in the pedestrian mall. ((These are available to staff or
students who must use a private vehicle for university
business.)) If the indicator is needed for longer than thirty
minutes, the issued permit is subject to the current daily
rate for parking on the WSUV campus unless a parking permit
valid for that time period is already present in the vehicle.
(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.30.150. 08-08-049, § 504-19-580, filed 3/27/08, effective 7/1/08. 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.]
(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. Use of disability accommodation parking at WSU Vancouver also requires payment for parking in the form of a WSUV parking permit or receipt of payment.
(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, long-term parking in spaces designated for persons with disability requires a valid university persons with disability parking permit to park on campus. University semester and annual parking permits for persons with disability are available at the gray zone rate. Daily and temporary parking permits are available at the regular rates.
(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.30.150. 08-08-049, § 504-19-600, filed 3/27/08, effective 7/1/08. 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.]
(2) Payments. Parking fees and fines may be paid at the parking department by cash, check, approved payment card, or money order, and on-line through the WSUV parking services payment portal web site. A payroll deduction plan is available for eligible university employees and eligible graduate students.
(3) The annual fee for any shorter period relative to all permits shall be prorated according to the published schedule.
(4) The proper fee must be paid for all vehicles parked in parking meter spaces unless otherwise authorized.
(5) Staff members whose work schedules qualify them for nighttime differential pay may purchase a permit for one-half the regular fee. Verification is required.
(6) Refunds. Annual permits being relinquished may be returned to the parking department for a pro rata refund in accordance with university policy. Identifiable remnants of the permit must be returned. The balance of any fees and fines owed the parking department is deducted from any refund due. Refunds for temporary permits are not granted. Refunds for pretax payroll deductions cannot be granted pursuant to federal tax laws.
(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.30.150. 08-08-049, § 504-19-650, filed 3/27/08, effective 7/1/08. 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.]