WSR 13-19-093
[Filed September 18, 2013, 8:33 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-13-065.
Title of Rule and Other Identifying Information: Repealing chapter 172-116 WAC, Traffic and parking regulations, and adopting chapter 172-100 WAC, Traffic and parking rules, to revise rules related to traffic and parking on the campus of Eastern Washington University. These rules constitute a significant revision that is more easily implemented by repealing the existing chapter and adopting a new chapter.
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: These rule changes are needed to better facilitate campus safety and access for pedestrians and vehicular traffic and to more accurately reflect current organizational operations and practices.
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 172-100 WAC is not considered a significant legislative rule by Eastern Washington University.
September 18, 2013
Trent Lutey
University Policy Administrator
Chapter  172 - 100  WAC
WAC 172-100-010 Purpose.
These rules govern pedestrian, bicycle, and motor vehicle traffic and parking at Eastern Washington University (EWU). The purpose of these rules is to facilitate campus safety and access. Specifically, these rules are intended to:
(1) Control parking on campus and in off-campus parking lots that are owned or leased by the university;
(2) Assure access at all times for emergency equipment;
(3) Expedite EWU business, protect state property, and provide maximum safety and convenience;
(4) Provide funds to obtain and maintain suitable campus parking and traffic facilities;
(5) Regulate motor vehicles and minimize traffic disturbances on campus; and
(6) Protect pedestrians and bicyclists.
WAC 172-100-020 Applicability.
(1) All rules in this chapter and all motor vehicle and traffic laws of the state of Washington apply on campus.
(2) The traffic code of the city of Cheney applies on city streets located on campus.
(3) The traffic and parking rules are effective at all times.
(4) It is the responsibility of all individuals who operate bicycles or motor vehicles on campus to read and fully understand these rules. A lack of knowledge of these rules will not constitute a defense for violation of these rules nor will it limit a violator's responsibility for any citations.
WAC 172-100-030 Liability of university.
The university assumes no liability for bicycles or motor vehicles or their contents when such bicycles or motor vehicles are on campus. The university offers parking permits to those desiring to park on campus. A parking permit licenses the holder (licensee) to park one motor vehicle in the lot designated on the permit. The university is not responsible for fire, theft, damage, or loss of vehicle or any article left in such vehicle. A parking permit is a license to park and no bailment is created.
WAC 172-100-040 Authorities.
(1) The board of trustees of EWU is granted statutory authority under RCW 28B.10.560 to establish rules to govern pedestrian and vehicular traffic and parking on the campus of the university.
(2) The officers of the EWU police department are fully commissioned peace officers of the state of Washington and have police powers as are vested in sheriffs and peace officers generally under the laws of the state of Washington.
(3) Designated employees of EWU parking services have authority to enforce traffic and parking rules on the campuses and property of Eastern Washington University. All actions and decisions of parking services personnel in the enforcement of traffic and parking rules are subject to administrative review and approval.
WAC 172-100-100 General traffic and vehicle rules.
(1) Bicycle riders and motor vehicle operators shall operate such equipment in a careful and prudent manner at all times and must comply with posted speed limits.
(2) Bicycle riders and motor vehicle operators shall obey all regulatory signs and comply with directions given by parking services personnel and public safety officers and their designees.
(3) Bicycle riders and motor vehicle operators shall yield the right of way to pedestrians. This includes, but is not limited to, yielding to pedestrians crossing streets, roadways, and parking areas within the campus. Riders and drivers shall also yield to pedestrians at intersections, clearly marked crosswalks, or city streets on campus.
(4) Vehicles on university property must be kept in operating condition, except those in a garage, research facility, or automotive shop. Vehicle repairs or maintenance are prohibited on campus unless preauthorized by parking services.
(5) Bicycles may be operated any place where motor vehicles are permitted. Bicycles may also be operated on university walkways, so long as the bicycle is operated in a safe manner and does not interfere with pedestrian traffic or other campus activities.
WAC 172-100-110 Special rules and restrictions.
During emergencies, special events, or extenuating circumstances, the university police department may impose additional traffic and parking rules or modify existing rules.
WAC 172-100-120 Parking rules.
(1) Emergency access areas: Parking is prohibited in:
(a) Emergency access areas;
(b) Fire lanes;
(c) Within fifteen feet of a fire hydrant.
(2) No parking/restricted parking areas: Parking is prohibited in any area that is not specifically designated for parking, unless explicitly authorized by parking services or university police. No parking and restricted parking areas include, but are not limited to:
(a) Yellow curb areas;
(b) Bus zones;
(c) Driveways;
(d) Sidewalks; and
(e) Any grassy area.
(3) Loading zones: Parking is permitted in loading zones according to the restrictions and time limits posted for the zone. If no restrictions are posted, users shall:
(a) Display a department permit issued under WAC 172-100-230; or
(b) Obtain and display a permit from parking services.
(4) Service drives/areas: Driving or parking in a service drive without displaying a department or service permit is prohibited.
(5) Visitor spaces: Campus visitors may park in any visitor parking space on campus subject to any posted restrictions.
(6) Reserved spaces: Parking in a reserved parking space, without proper authorization, is prohibited.
(7) Permit-required lots: Except as provided herein, parking is prohibited in any campus parking lot that requires a parking permit unless the vehicle displays a valid parking permit for that lot. To be considered valid, parking permits must be issued by the university's parking services office, be current, and be properly displayed.
(a) All permit-required lots have designated days and times during which a permit is required.
(b) Motorcycles parked in a permit-required lot in any space other than a designated motorcycle free-parking area must display a valid parking permit.
(8) Disabled parking spaces: Any vehicle that is parked in a disabled parking space in a university owned or leased parking lot must display a valid, state-issued disabled parking permit, license plate, or year tab. The vehicle must also display a valid EWU disabled parking permit if parking in a permit-required parking lot during the designated days and times that a permit is required for parking.
(9) Metered parking: A person who parks a vehicle in a metered parking space must pay for time used during posted times of operation.
(10) Vehicle size limits: Vehicles longer than twenty feet, campers, trailers, buses, and pickup trucks with a camper may not be parked on university property without prior authorization from parking services.
(11) Bicycles: Bicycles must be parked in bicycle racks.
(12) Parking space violation: Vehicles may only occupy one parking space or stall as designated within a parking area.
(13) Disabled, and inoperative vehicles: A disabled or inoperative vehicle may not be parked on the university campus for more than twenty-four hours without prior authorization from parking services.
WAC 172-100-130 Citations and fines.
Any violation of these rules is subject to citation. Each offense may result in a separate citation.
(1) Payment: Citation fines must be paid to EWU parking services and may be paid in person, by mail, or by phone.
(2) Amounts:
(a) Citations: When a citation is issued, fines are determined in accordance with a fine schedule. The fine schedule is approved by the vice-president for business and finance.
(b) Adjustments: When mitigating circumstances exist, authorized parking services personnel may reduce or dismiss fines.
(3) Appeals: Citations may be appealed by submitting a written appeal to parking services within fourteen calendar days of the date the citation was issued. Appeals must be submitted to parking services in person or by mail. If a timely appeal is not filed, the citation becomes final. Appeals will be reviewed by a board consisting of voting members from the following groups: Associated students, classified staff, faculty, and administrative exempt staff. A parking services representative will act as a consultant to the board and vote only to break a tie. The board may uphold or dismiss the citation. If the board upholds the citation, it may reduce the fine amount. In no event may the board impose a fine exceeding the amount set forth in the fine schedule. Within five calendar days following the board's review, parking services shall notify the appellant, by mail or by e-mail, of the board's determination. The board will meet every two weeks, with additional meetings as necessary. Additional appeal rights are governed by RCW 28B.10.560.
(4) Nonpayment: Unpaid fines are subject to collection through the university's established collection methods.
(5) Disposition of fees and fines: Proceeds from fees and fines collected under this chapter are to be deposited in the university's parking fund and applied to the costs of operating, maintaining, and patrolling the campus parking lots and administering these rules.
WAC 172-100-140 Impoundment of vehicles and bicycles.
(1) The vice-president for business and finance or designee may order the impoundment and storage of any vehicle:
(a) That is parked, in violation of these rules:
(i) In an emergency access area, no parking area, or restricted parking area;
(ii) In a loading zone or service drive or area;
(iii) In a parking space designated for another person or vehicle; or
(iv) In a disabled parking space;
(b) That is disabled or inoperative; or
(c) That is parked on university property and has more than four unpaid citations, after the university has made reasonable attempts to contact the owner.
(2) The owner of an impounded vehicle is responsible for all impoundment and storage costs and may not recover the vehicle until arrangements have been made with parking services. The university and its employees or representatives are not liable for loss or damage of any kind resulting from impoundment or storage.
(3) Bicycles may be impounded for violations of the above parking rules. The university is authorized to break any bicycle lock to facilitate impoundment. The university and parking services are not responsible for any damage resulting from the impoundment of a bicycle, including removal of a lock.
WAC 172-100-200 Parking permits—Issuance and responsibility.
(1) Parking permits may be obtained through parking services. Permits are issued upon payment of established fees, subject to availability. Permits may not be transferred, assigned, or sold.
(2) Prorated refunds: Refunds of parking permit fees will be issued according to parking office guidelines.
(3) The university reserves the right to refuse parking privileges to anyone who has:
(a) Had a permit revoked;
(b) Falsified a parking application or registration;
(c) Counterfeited or altered an area designator or permit;
(d) Failed to pay outstanding traffic or parking citations;
(e) Possessed or used a lost, altered, or stolen parking permit;
(f) Been given notice against trespass from campus;
(g) Failed to comply with parking services directions; or
(h) Damaged university property while driving or parking on campus.
(4) Responsibility: The person to whom a parking permit is issued is responsible for all violations of these rules involving the vehicle for which the permit was issued regardless of whether the person was operating the vehicle at the time of the violation.
(5) Lost or stolen permits: If a permit is lost or stolen, the permit holder must report the loss to parking services. A replacement permit will be provided to the individual. A fee may be charged for a lost permit.
WAC 172-100-210 Parking permits—Limitations on use.
Parking permits entitle users to park in specific campus parking lots during specific dates and times.
(1) All campus parking lots that require a parking permit have designated times during which a permit is required.
(2) Parking permits do not entitle permit holders to any parking right or privilege beyond the dates and times specifically designated for the campus parking lot(s) for which they hold a permit.
(3) During special events, parking services personnel may modify existing parking rules for any campus parking lot. Special event parking modifications include, but are not limited to:
(a) Designating a lot as free parking;
(b) Designating a lot as paid parking and charging users a fee for parking, including those holding a regular permit for the lot; or
(c) Closing a parking lot.
WAC 172-100-220 Parking permits for permit-required lots.
(1) Standard permits: Standard permits consist of a decal denoting the assigned parking lot and the academic year or term for which the permit is valid. Priority for issuance of standard permits will be given to university employees and students.
(2) EWU disabled parking permits: These permits are issued to university employees and students who are authorized to park in disabled parking areas and possess a current, state issued, disabled parking placard, license plate, and/or year tab.
(3) Retiree permits: Individuals who have retired from EWU are entitled to a retiree parking permit at no cost. Retiree permits entitle the retiree to park in university parking lots, where space is available, subject to the following:
(a) Retiree permits may not be used to park in residence hall lots.
(b) Retiree permits do not entitle the retiree to free parking during special events.
(c) Retiree permits may only be used by the retiree.
(d) Retiree permits may not be used by a retiree who is employed by the university.
(e) If a retiree permit is used in violation of the above conditions, the university may revoke the retiree's permit.
(4) Special ('S') permits: The 'S' permit may be issued to university employees whose duties require frequent visits or deliveries to other campus locations. The permit allows employees to park their vehicles in undesignated lots for official campus duties. Issuance and use of 'S' permits is subject to the following:
(a) Requests: University employees may request an 'S' permit through parking services. Requests for an 'S' permit must describe the employee's duties that justify the 'S' permit, including detailed information regarding the frequency and nature of the employee's intra-campus business activities and why a departmental permit is inadequate to support those activities. Requests must be endorsed by the president or appropriate vice-president. The vice-president for business and finance, or designee, is the approval authority for 'S' permits.
(b) Issuance. The parking services office shall provide an 'S' permit to an employee who has been authorized by their department's vice-president to obtain an 'S' permit and has purchased a core lot permit and paid the additional 'S' permit fee.
(c) Use: 'S' permits may only be used for the purpose of conducting official university business. 'S' permits may be used to park in any campus parking lot, loading zone, or service area, on a space-available basis, limited to the time needed to conduct university business. They may not be used for personal use or convenience.
(d) Restrictions: 'S' permits do not authorize parking in disabled parking spaces unless the person is authorized to park in disabled parking spaces under these rules. 'S' permits are not valid at meters, fire lanes, safety zones, yellow curbs or zones, designated "no parking" areas, or other areas not designated for parking.
(e) Availability: The vice-president for business and finance may limit the number of 'S' permits that are available for issuance throughout the university, and/or to departments or units.
(5) Guest permits: Campus guests and persons doing business with the university may be issued a guest permit allowing them to park in designated lots on campus, subject to the following:
(a) Guest permits are valid for the dates and locations specified at the time of issuance.
(b) A fee may be charged for a guest permit.
(c) A guest permit will not be issued to persons intending to make personal solicitations from or personal sales to university employees or students.
(d) Guest permits do not authorize parking in spaces that are reserved.
(e) Guests may park in disabled parking spaces so long as their vehicle displays the guest permit along with a current, state-issued disabled parking placard, license plate, and/or year tab.
(6) Duplicate permits and car pool permits:
(a) Permit holders may purchase duplicate decals for additional vehicles.
(b) Duplicate permits may also be purchased for each vehicle in a car pool, up to a maximum of five permits per pool.
(c) A fee is charged for each duplicate permit.
(d) Duplicate and car pool permits must be purchased and signed for by the purchaser of the original permit.
(e) Only one vehicle bearing the duplicate permit number may park in the designated parking lot at a time. Violation of this section will subject each vehicle involved to a fine.
WAC 172-100-230 Parking permits for loading zones and service drives.
(1) Department permits: These permits are issued to departments or units to facilitate the movement of equipment and materials by allowing for limited parking in parking lots, service drives, and loading/unloading zones. Department permits may not be used by persons for their own benefit or convenience. They may only be used for official university business. A regular permit is not required when a person uses a department permit.
(a) Issuance and control. Department permits are issued on an annual basis for temporary, short-term use, and must be returned to the department after use. Permit use must be monitored and controlled by a designated person.
(b) Restrictions. Department permits are not valid at meters, reserved spaces, disabled parking spaces, fire lanes, safety zones, yellow curbs or zones, "no parking" areas, or other areas not designated for parking. Departments are assigned a primary lot and are limited to thirty minutes parking in the primary lot.
(c) Loss. If a department permit is lost, the department it is issued to must file a report with parking services. Parking services will determine if a fee is assessed for the lost permit.
(2) Service permits: Service permits are issued to service providers, contractors, repairmen, and vendors to support their access requirements. Parking services shall specify terms of use when a service permit is issued.
WAC 172-100-240 Parking permits—Recall, suspension or revocation.
Parking permits are the property of the university and may be recalled, revoked, or suspended.
(1) Recall: Parking permits may be recalled when the purpose for which the permit was issued changes or no longer exists.
(2) Suspension/revocation: Parking permits may be revoked or suspended in response to the following violations:
(a) Use of a permit on an unregistered vehicle or by an unauthorized individual. The vehicle and/or permit holder may also be cited.
(b) Falsification of a parking permit application.
(c) Continued violations of parking rules; or
(d) Counterfeiting or altering of parking permits. The offender may also be cited.
(3) Appeals: Suspension or revocation of a parking permit under this section may be appealed within fourteen calendar days of issuance. Appeals must be submitted in writing to parking services in person or by mail.
WAC 172-100-250 Severability.
If any provision of this chapter or its application to any person or circumstances is determined to be invalid, the remainder of the chapter and its application to other persons or circumstances is unaffected.