WSR 13-19-091
[Filed September 18, 2013, 8:25 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-13-067.
Title of Rule and Other Identifying Information: Amending chapter 172-118 WAC, Restrictions and regulations for recreational equipment.
Hearing Location(s): Eastern Washington University, Main Campus, Showalter Hall, Room 201, Cheney, WA 99004, on October 23, 2013, at 11:00 a.m.
Date of Intended Adoption: November 22, 2013.
Submit Written Comments to: University Policy Administrator, 214 Showalter Hall, Cheney, WA 99004, e-mail, fax (509) 359-7036, by October 22, 2013.
Assistance for Persons with Disabilities: Contact Trent Lutey by October 22, 2013, (509) 359-6322.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed revisions narrow the focus of the existing chapter to recreational equipment that is of primary concern, i.e., skateboards, roller skates, inline skates, skate shoes, scooters and similar equipment. The proposed revision restricts the use of such equipment on the university campus in order to reduce physical damage and unnecessary wear to campus property.
Statutory Authority for Adoption: RCW 28B.35.120(12).
Statute Being Implemented: Not applicable.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting: Trent Lutey, 214 Showalter, Cheney, WA 99004, (509) 359-6322; Implementation and Enforcement: Laurie Connelly, 214 Showalter, Cheney, WA 99004, (509) 359-2371.
No small business economic impact statement has been prepared under chapter 19.85 RCW. WAC revision does not impose a disproportionate impact on small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. Chapter 172-118 WAC is not considered a significant legislative rule by Eastern Washington University.
September 18, 2013
Trent Lutey
University Policy Administrator
AMENDATORY SECTION (Amending WSR 92-22-028, filed 10/26/92, effective 11/26/92)
WAC 172-118-010 Purpose.
((The primary objectives of the rules and regulations set forth in this chapter are:
(1) To provide safety, traffic, and parking controls for the use of skateboards, roller skates, bicycles, motorcycles, and motor scooters upon all state lands devoted to the educational, recreational, research, and living activities of Eastern Washington University; and
(2) To protect, from physical damage and unnecessary wear, wooden and concrete benches, brick and paved walkways, stairs, steps, loading ramps, plazas, and ramps for the disabled, caused by the use of recreational equipment as included in subsection (1) of this section. Equipment for the disabled and equipment owned and operated by the university are exempt from this chapter.)) These rules govern the use of recreational equipment on Eastern Washington University's campus. The purpose of this chapter is to protect campus property from physical damage and unnecessary wear and to facilitate safety and access.
AMENDATORY SECTION (Amending WSR 92-22-028, filed 10/26/92, effective 11/26/92)
WAC 172-118-020 Definitions.
For the purposes of this chapter ((the following definitions apply:
(1) A bicycle is any vehicle with three or less wheels and containing a saddle seat, and which is not motor driven.
(2) A motorcycle or motor scooter is any vehicle with three or less wheels and containing a saddle seat, and which is motor driven.
(3) A skateboard is a toy consisting of an oblong or rectangular board, made of wood, plastic, metal, or components thereof, with a pair of small wheels at each end, ridden as down an incline, usually in a standing position. It may be motorized.
(4) Roller skates are shoes with a set of wheels attached for skating over a flat surface, or a metal frame with wheels attached that can be fitted to the sole of the shoe. For the purposes of this chapter, roller blades are considered roller skates.
(5) A scooter is a foot-operated vehicle consisting of a narrow board mounted between two wheels, tandem with an upright steering handle attached to the front wheel.
Subsections (1) through (5) of this section are considered recreational equipment)), recreational equipment includes, but is not limited to, skateboards, longboards, roller skates, inline skates, skate shoes, foot scooters, and similar equipment.
AMENDATORY SECTION (Amending WSR 92-22-028, filed 10/26/92, effective 11/26/92)
WAC 172-118-040 Use of recreational equipment.
(((1) No recreational equipment may be operated on sidewalks, walkways, lawns, or other property on the Eastern Washington University campus, except as provided in this chapter.
(2) Bicycles, motorcycles, and motor scooters may be operated any place where automobiles or other motor vehicles are permitted.
(3) Bicycles may be operated on university walkways in the mall area and the area surrounding Showalter Hall and between Science Hall and Parking Lot #3: Provided, That the bicycle is operated in a safe manner and in compliance with these regulations.
(4) Bicycle locks may be broken to facilitate impounding of a bicycle or other recreational equipment without liability to Eastern Washington University or its authorized personnel.)) Recreational equipment may only be used on asphalt or concrete campus walkways and sidewalks, and only in a way that does not interfere with pedestrian traffic or other campus activities.
(1) Recreational equipment is prohibited on grass, benches, stairways, steps, sculpture, art work, hand rails, inside buildings, plazas, walls, barriers, brick walkways, and any other campus property other than paved walkways and sidewalks.
(2) Speeds in excess of five miles per hour are prohibited.
(3) Performing stunts or tricks is prohibited.
(4) Any use of recreational equipment that may cause property damage and/or endanger the user or others is prohibited.
(5) Recreational equipment users shall yield the right of way to pedestrians at all times.
AMENDATORY SECTION (Amending WSR 92-22-028, filed 10/26/92, effective 11/26/92)
WAC 172-118-090 Enforcement.
(1) ((Enforcement of this chapter is the responsibility of the president, or the executive vice-president, or their designees.)) Any student who violates these regulations may be asked to refrain from using recreational equipment on campus. Any student who refuses to comply with such a request and/or repeatedly violates these regulations will be subject to disciplinary action under the student conduct code, chapter 172-121 WAC.
(2) A user of recreational equipment, other than an Eastern Washington University (EWU) student, who ((refuses to abide by)) violates these regulations ((will)) may be asked to leave the campus. ((Refusal to obey will subject the person to being cited for)) A person who fails to comply with a request to leave campus may be charged with criminal trespass under the provisions of chapter 9A.52 RCW.
(((3) If the user is a student, the student will be asked to refrain from using the equipment on campus. If the student refuses, a proceeding may be initiated under the Student conduct code, chapter 172-120 WAC.))
The following sections of the Washington Administrative Code are repealed:
WAC 172-118-030
Applicable rules and regulations.
WAC 172-118-050
Parking regulations.
WAC 172-118-080
Registration of bicycles.