WSR 18-01-135 PROPOSED RULES WESTERN WASHINGTON UNIVERSITY [Filed December 20, 2017, 8:27 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 16-21-004. Title of Rule and Other Identifying Information: Chapter 516-12 WAC, Parking and traffic regulations. Hearing Location(s): On January 31, 2018, at 12:00 p.m., at Western Washington University, Main Campus, Board Room, Old Main 340, 516 High Street, Bellingham, WA 98225. Date of Intended Adoption: February 5, 2018. Submit Written Comments to: Jennifer L. Sloan, Rules Coordinator, Western Washington University, 516 High Street, Bellingham, WA 98225-9015, email Jennifer.Sloan@wwu.edu, fax 360-650-6197, by January 30, 2018. Assistance for Persons with Disabilities: Contact Jennifer Sloan, phone 360-650-3117, fax 360-650-6197, email Jennifer.Sloan@wwu.edu, by January 19, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Western Washington University has implemented license enabled permitting and transferred authority of parking services to another unit. Existing rules must be updated to conform to current processes and reporting structure. The university also reviewed the complete chapter and made other revisions. The amended rule includes: Revised language that allows for joint responsibility between public safety and the student business office and clarification of roles; new section to differentiate between fines and fees; and general housekeeping changes to update or remove outdated language or practice, remove redundant information, and reorganize subsections for clarity. Reasons Supporting Proposal: Existing rules must be updated to conform to current processes and reporting structure. Statutory Authority for Adoption: RCW 28B.35.120(12). Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: Western Washington University, public. Name of Agency Personnel Responsible for Drafting: Teresa Hart, Director, Financial Services, Old Main, 402, 360-650-2508; Implementation and Enforcement: Bob Putich, Assistant Director, Student Business Office, Old Main, 111, 360-650-2866. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. The proposed changes would not impose a disproportionate impact on small business. This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party. December 20, 2017 Jennifer L. Sloan Rules Coordinator
AMENDATORY SECTION (Amending WSR 10-15-021, filed 7/9/10, effective 8/9/10)
WAC 516-12-400 Definitions.
As used in this chapter, the following words and phrases mean:
(1) (("All lot permit assignment." A parking lot assignment that allows the driver access to campus from a majority of all university parking lots with exceptions. Exceptions are identified on the guidelines issued and are subject to change annually, unless impact to the lot or the campus warrants an earlier change.
(2) "))Accessible parking space. A parking space identified with a sign bearing the international symbol of accessibility that is restricted at all hours for use by vehicles associated with a valid university parking permit and displaying a valid state disability placard.
(2) All lot permit (AL). A parking permit used in conjunction with a valid university parking permit that allows the vehicle access to specific lots on campus. The specific lots are identified on the application.
(3) Appeals board.((" The board)) The committee that hears citation and notice of infraction appeals for parking, impoundment, bicycle, and skateboard violations.
(((3) "Area designator." A tag affixed to a permit indicating a parking lot assignment for a vehicle.))
(4) (("))Authorized valid payment. Any payment accepted by parking services, including the online mobile application and pay stations.
(5) Assistant director of the student business office and parking services. The person appointed assistant director of the university's student business office and parking services.
(6) Automobile.((")) Any licensed motorized vehicle typically having ((four)) three or more wheels not classified as a motorcycle.
(((5) ")) (7) Board.((")) The board of trustees of Western Washington University.
(((6) ")) (8) Business day. Any day, Monday through Friday (excluding holidays), during which university offices are open or any day until 9:00 p.m. through parking services' web site.
(9) Campus.((")) All state owned or leased lands ((devoted to the educational or research activities of)) utilized by the university.
(((7) "Disability space." A parking space identified with a sign bearing the international disability symbol that is restricted at all hours to use by vehicles displaying both a valid WWU parking permit and WWU disability parking permit.
(8) "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.
(9) ")) (10) Citation. Formal written notice of a parking violation.
(11) Department of public safety. The office consisting of university police.
(12) Employee.((")) Any individual appointed to the faculty, staff, or administration of the university.
(((10) ")) (13) Fee. Charge for permits and impoundment.
(14) Fine. Monetary penalty for a parking violation.
(15) Guest. Individual invited to the university and hosted by a department or university official.
(16) Habitual offender.((" The)) A driver ((of a)) associated with vehicle license numbers or permit numbers accruing eight or more paid or unpaid parking citations within a twelve-month period.
(((11) ")) (17) Holiday((")) or (("))university holiday.((")) A day designated by the university as a holiday or university holiday. Intersession or quarter breaks are not considered holidays. See definition of intersession.
(((12) ")) (18) Impoundment.((")) The status of a vehicle that has been seized and kept in legal custody by either being immobilized with a wheel lock device or towed from campus.
(((13) ")) (19) Intersession.((")) A period of time in which classes or final exams are not in session. University business offices are open during this time, except during holidays.
(((14) ")) (20) License plate recognition (LPR). Technology that uses optical character recognition to automatically read license plate characters.
(21) Loading zone.((")) A space in which parking is allowed for a specific time period and which is identified by signage as a loading zone.
(((15) "Meter feeding." Purchase of additional time beyond the time limit posted on the parking meters. This practice is prohibited since use of meters is intended to serve short-term parking needs.
(16) "Metered parking." A parking space where drivers pay to park for a specified time period. Drivers pay to park in the space for a length of time by purchasing time at a meter or pay box.
(17) ")) (22) Motor vehicle((")) or (("))vehicle.((")) Every vehicle that is self-propelled; for example cars, trucks, and motorcycles. Motor vehicle includes a neighborhood electric vehicle as defined in RCW 46.04.357. Motor vehicle also includes a medium-speed electric vehicle as defined in RCW 46.04.295. Electric personal assistive mobility devices (EPAMD) defined in RCW 46.04.1695 and power wheelchairs are not considered motor vehicles.
(((18) ")) (23) Motorcycle.((")) A motor vehicle designed to travel on not more than three wheels in contact with the ground on which the driver rides astride the motor unit or power train and is designed to be steered with a handle bar, but excluding a farm tractor, a power wheelchair, an electric personal assistive mobility device (EPAMD) defined in RCW 46.04.1695, and a moped. Refer to chapter 516-13 WAC for further information.
(((19) ")) (24) Parking services.((")) A unit of the ((public safety department)) student business office responsible for the university parking ((on campus property)) system.
(((20) "Pass." An event parking pass issued by the university, a university bus pass issued by Whatcom transportation authority and distributed by the university, or other valid parking pass issued by parking services.
(21) "Pay station." An automatic kiosk that issues parking permits from a free-standing, unattended machine.
(22) ")) (25) Parking space. An area specifically marked as a parking space, designated by a sign, wheel stop, painted lines, and/or traffic buttons.
(26) Pay station. A parking services deployed and managed machine that issues virtual permits for designated lots.
(27) Pedestrian.((")) Any person who is afoot or who is using a wheelchair, a powered wheelchair, or ((a powered scooter)) other mobility device for persons with disabilities.
(((23) "Permit." An unexpired parking permit)) (28) Permit. An authorization to park issued by parking services and ((properly displayed on a vehicle)) associated with a vehicle's license plate number.
(((24) ")) (29) President.((")) The president of Western Washington University.
(((25) ")) (30) Prohibited areas.((")) Areas other than those designated for parking or a roadway.
(((26) "Public safety department." The office consisting of parking services, university police, lockshop, and sustainable transportation.
(27) ")) (31) Public safety director.((")) The person appointed ((public safety director of the university by the president or designee.
(28) ")) director of the university's department of public safety.
(32) Registered volunteer.((")) An individual who is registered with the university's human resources department to perform assigned or authorized volunteer duties as determined by a department of the university.
(((29) ")) (33) Short-term parking space. Parking spaces that are restricted to hourly or daily limits.
(34) Student.((")) Any person enrolled in the university as a student.
(((30) ")) (35) Student business office. The university's centralized office for financial billing and payments, including parking services.
(36) University.((")) Western Washington University.
(((31) ")) (37) University business ((assignment)) permit (UB).((")) A parking ((assignment)) permit used in conjunction with a valid university parking permit that allows the ((driver)) vehicle access to specific lots on campus. The specific lots are identified on the ((guidelines issued and are subject to change annually, unless impact to the lot warrants a change)) application.
(((32) "Visitors." People physically)) (38) Visitor. Individual present on campus who ((are)) is not an employee((s)), guest, registered volunteer((s)), or student((s)).
(((33) ")) (39) 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.
(((34) "Wheelstop." A cement or metal)) (40) Wheel stop. A barrier used to ((define)) ensure a vehicle stops at a proper location in a parking space.
AMENDATORY SECTION (Amending WSR 10-15-021, filed 7/9/10, effective 8/9/10)
WAC 516-12-425 Administrative responsibility.
The administration of parking regulations and moving violations is the joint responsibility of the public safety director and the assistant director of the student business office and parking services.
(1) The ((public safety director)) assistant director of the student business office and parking services is authorized to:
(a) Issue and sell parking permits to employees, students, guests, visitors, and others when necessary, and to provide ((special)) parking for individuals with disabilities.
(b) ((Impose or suspend traffic and parking regulations and restrictions when appropriate to the mission of the university, such as commencement.
(c) Erect signs, barricades, and other structures to designate the various parking or no parking areas on campus; and to paint markers and other directions for the regulation of traffic and parking.
(d))) Establish procedures to govern the purchase and ((distribution)) allocation of annual, academic year, quarterly permits and other permits, and to assign parking spaces.
(((e) Change or close, either temporarily or permanently, any campus parking area. Notice of change will be provided whenever practical.
(2))) (c) Maintain records of all permit holders and transactions.
(d) Determine parking lot and space assignments.
(2) The public safety director is authorized to:
(a) Impose or suspend traffic and parking regulations, and restrictions when appropriate to the mission of the university, such as commencement.
(b) Change or close, either temporarily or permanently, any campus parking area.
(3) The public safety director and the assistant director of the student business office and parking services are jointly authorized to erect signs, barricades, and other structures to designate the various parking or no parking areas on campus; and to paint markers and other directions for the regulation of traffic and parking.
(4) The authority of the public safety director and the assistant director of the student business office and parking services under this chapter may be delegated to other personnel ((within the public safety department)).
AMENDATORY SECTION (Amending WSR 10-15-021, filed 7/9/10, effective 8/9/10)
WAC 516-12-430 General regulations.
(1) All regulations in this chapter and all motor vehicle and other traffic laws of the state of Washington apply on the campus.
(2) The traffic code of the city of Bellingham applies on city streets which cross the campus.
(3) All vehicles, attended or unattended, must ((display)) be associated with a valid ((Western Washington)) university parking permit ((or pass)) when parked on the campus, unless the vehicle is:
(a) Parked in a ((metered)) short-term parking space with ((meter)) authorized valid payment;
(b) Parked in a loading zone in compliance with posted limits; ((or))
(c) Parked in a lot that does not require a permit during specified times as posted; or
(d) An emergency vehicle.
(4) The person who obtains a permit and the registered owner of the vehicle are responsible for assuring that the vehicle, regardless of who drives it, is parked in conformance with these regulations.
(5) If a parking permit holder cannot locate a parking space in the assigned lot, the holder may park in the next nearest parking lot and then must call parking services for reassignment.
(6) Motorcycle permit holders must park in areas designated for motorcycles.
(7) The ((university)) student business office reserves the right to ((refuse)) deny or revoke 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 citations.
(((e))) (d) Been identified as a habitual offender.
(((f) Been found to be in possession of or using a lost or stolen permit.
(g))) (e) Removed a wheel lock without authorization ((of parking services)).
(((h))) (f) Been trespassed from campus.
(((i))) (g) Failed to comply with parking services directions.
(((j))) (h) Damaged university property while driving or parking on campus.
(((k))) (i) Verbally abused or assaulted staff.
(8) The speed limit on campus is ten miles per hour or as posted. Drivers must operate vehicles in a careful and prudent manner at all times and must comply with established speed limits.
(9) Drivers of vehicles must obey all regulatory signs and comply with directions given by parking services and public safety staff and their designees.
(10) Drivers of vehicles must yield the right of way to pedestrians within the campus. This includes, but is not limited to, pedestrians crossing streets, roadways, and parking areas within the campus. Operators must also yield to pedestrians at intersections, clearly marked crosswalks, or city streets which cross the campus.
(11) ((Government-owned)) Nonuniversity owned government vehicles ((bearing government license plates)) may be parked in nonreserved spaces for a maximum of ((four)) eight hours while the driver is on university business. Long-term parking is not permitted, nor is any parking allowed in reserved spaces except when a space is designated for that specific vehicle. ((Such vehicles may be parked in metered spaces provided that meter regulations are observed.)) Violations incurred ((will be)) are the responsibility of the driver. ((All operators of these or other government-owned vehicles will abide by all traffic and parking regulations.))
(12) No person may utilize any vehicle parked on campus as a living unit without specific approval from the public safety director. Violators will be cited or towed.
(13) Vehicles are to be maintained in operating condition at all times on university property, except those in a garage, research facility, or automotive shop designated for parking such vehicles by the public safety director. Vehicle repairs or maintenance will not be made on campus unless authorization has been received in advance from the public safety director or designee.
(14) A vehicle which appears to be abandoned, with or without a current parking permit((, pass,)) or license plates, may be impounded after an attempt is made to locate and notify the owner of the impending action.
(15) ((The university rents space to individuals who wish to park on campus and who are issued a parking permit or pass.)) The university assumes no responsibility or liability under any circumstances for vehicles or bicycles parked on campus nor does it assume any ((personal)) liability in connection with its parking program. No bailment of any sort is created by the issuance of a permit ((or pass)).
AMENDATORY SECTION (Amending WSR 10-15-021, filed 7/9/10, effective 8/9/10)
WAC 516-12-440 Parking areas.
(1) Parking is prohibited in any area not specifically marked as a parking space, designated by a sign, wheelstop, whitepainted lines, and/or white traffic buttons.
(2) Vehicles may ((not be parked in any parking area without a parking permit or pass for that area)) park only where assigned by permit except as provided in WAC 516-12-430 (3) or (11)((. Each parking area is posted to indicate the type of permit required and the times they are required.
(3) Parking in loading zones is limited to the time posted.
(4) Visitors may park only where assigned by permit, pass, or in metered areas with meter payment.
(5) Vehicles displaying valid permits or passes may park in metered spaces with meter payment.
(6) Meters are available to serve short-term parking needs. "Feeding" meters is prohibited. That is, additional time cannot be purchased beyond the time limit posted on the meter)).
(((7))) (3) Spaces designated for specific use are restricted for that designated purpose.
(a) Parking in loading zones is limited to the time posted.
(b) Motorcycles must only be parked in designated "M" lots or at ((metered)) short-term spaces with payment. Motorcycles may not use space assigned to automobiles or bicycles, unless parked at a ((meter)) short-term space with authorized valid payment.
(((8))) (c) Automobiles ((must not be parked)) are prohibited from parking in areas assigned to motorcycles.
(((9))) (d) Bicycles must only be parked as provided in chapter 516-13 WAC, Bicycles, mopeds, and other powered devices.
(((10) Personal notes or business cards left on vehicles describing reasons for parking without a valid permit or for parking in an unauthorized manner will not be accepted.
(11) Spaces designated for specific use are restricted for that designated purpose or to assigned vehicles.
(12))) (e) Resident student "R" lots are restricted to permit holders as assigned ((24)) twenty-four hours per day unless otherwise posted.
(((13) Vehicles must not use more than one space when parking.
(14) The violation of any parking regulation by other vehicles does not constitute a valid excuse for violating these regulations.))
AMENDATORY SECTION (Amending WSR 10-15-021, filed 7/9/10, effective 8/9/10)
WAC 516-12-450 Permits.
(1) ((Except as otherwise provided in this chapter, permits may be issued only to students, employees, and other members of the university community.)) Persons wishing to obtain parking permits are required to complete a registration ((form provided)) process established by parking services and pay the corresponding fee. ((Ownership of the parking permit remains with the university. Individuals are not allowed to transfer ownership.
(2) The loss or theft of a parking permit should be reported to parking services immediately. Upon recovery, all permits reported lost or stolen should be returned immediately to parking services. Possession or use of a lost, stolen, or forged permit will result in a fine, the vehicle being wheel locked or towed, and loss of parking privileges.
(3) A stolen permit will be replaced the first time at no cost, provided a theft report has been filed with parking services. A fee will be charged for the replacement of subsequent stolen or lost permits.
(4) A valid permit means an unexpired parking permit issued by parking services and properly displayed on a vehicle. Parking permits are to be displayed according to instructions provided by parking services.
(5) Motorcycle permits must be affixed and easily visible from the rear fender.
(6))) Annual permits are valid for twelve months, academic permits are valid for nine months, and quarterly permits are valid from the first day of the quarter for which issued, except for fall quarter which may coincide with the contracted faculty start date, to the first day of the following quarter. Quarterly permits may be renewed on or before the first day of the winter, spring, and/or summer quarters.
(2) A license plate must be associated with a valid permit. Vehicle license plates must be exposed to the lane of travel and be clearly visible, unobstructed, and able to be read by license plate recognition (LPR).
(3) To enhance the business and operation of the university, all lots (AL) or university business (UB) permits may be issued and renewed by the ((public safety director)) assistant director of the student business office and parking services. Initial requests for ((all lots)) AL and ((university business)) UB permits require a completed application and the signature of the dean, director, or chairperson of the department with whom the person is associated. The approved arrangement may be renewed until the employee's job position or duties change. Issuance requires purchase of a ((WWU)) university parking permit. ((All lots)) AL and ((university business)) UB permits are valid for brief periods of time only when on university business and are ((not)) valid only in ((metered lots, reserved spaces, or small capacity)) lots as assigned on the AL or UB permit application.
(((7))) (4) Persons with a temporary or permanent physical disability who require ((special)) parking consideration must obtain a state disability parking ((permit)) placard, as well as a valid ((WWU)) university disability parking permit.
(((8) All)) (5) Permits ((are the property of the university and)) may be ((recalled)) revoked by the ((public safety director)) assistant director of the student business office and parking services under the following circumstances:
(a) When the purpose for which they were issued changes or ceases to exist.
(b) Falsification of an application or registration for parking.
(c) Violations of the regulations in this chapter.
(d) ((Counterfeiting or altering a permit.
(e))) Failure to comply with a judgment of the appeals board.
(((f))) (e) Failure to pay outstanding citations.
(((g) Removed)) (f) Removal of a wheel lock without authorization of parking services.
(((h))) (g) For an unauthorized permit transfer.
(((9) The public safety director determines parking lot and space assignments.
(a) Annual permits are valid for twelve months.
(b) Academic permits are valid for nine months.
(c) Quarterly permits are valid from the first day of the quarter for which issued. Permits must be renewed on or before the first day of the quarter.
(d) Those persons seeking to consecutively renew a quarterly permit for winter, spring, and summer quarters to the same parking lot as assigned for fall quarter may do so during the two weeks prior to finals week. Permits may not be renewed for fall quarter.
(10) Special permits may include, but are not limited to, guests, services, vendors, temporary assignments, visitors, and loading permits authorized by the public safety director.
(11))) (6) University departments that sponsor functions such as athletic events, conferences, seminars, and dinners may arrange parking for their guests on a space available basis. Departments have the option of paying for guest parking; otherwise, their guests will be responsible for the parking fee. ((Departments may also collect parking fees to facilitate prepaid parking with the prior approval of parking services.
(12) Faculty, staff, or students who have purchased a parking permit but forget to place it on the vehicle they are driving to campus must obtain a temporary permit from parking services. Those who have not purchased a permit must obtain a temporary permit from parking services. Temporary permits are issued for the lot assigned or, if no permit has been purchased, for available spaces.
(13) Emergency temporary permits may be issued for staff to park temporarily in locations where emergency call out requires attendance. Parking services))
(7) The director of public safety may suspend enforcement during emergencies as declared by the president((, vice president of business and financial affairs,)) or designee.
(((14))) (8) Faculty, staff, or students who purchase an annual, academic, or quarterly parking permit may use the permit on any vehicle they drive but may not transfer ownership of the permit. The individual to whom a permit is issued is jointly responsible with the registered owner for parking violations by any vehicle bearing the permit.
AMENDATORY SECTION (Amending WSR 10-15-021, filed 7/9/10, effective 8/9/10)
WAC 516-12-460 Permit fee((s)).
(1) Permit fee ((and citation)) schedules will be approved by the president or ((his/her)) designee and ((will)) be posted ((in a public area of parking services and available)) on ((its)) parking services' web site.
(2) Cost of permits will be prorated throughout the year according to type and date purchased.
(3) Refunds will be made based on the valid time remaining according to the parking services refund schedule. ((Refunds may be made if unpaid fines and fees have been paid.)) The balance of any fees and fines owed will be deducted from any refund due.
(a) ((The permit holder must return the permit to parking services before a refund will be authorized or a payroll deduction be terminated.
(b))) No refund will be made for a permit after the first thirty calendar days of any quarter. Unused quarters may be refunded in whole at respective rates.
(((c))) (b) Refunds will not be made upon permit revocation by the ((public safety director)) assistant director of the student business office and parking services.
(4) ((A service charge will be assessed for:
(a) Change of permit when a lot transfer is requested by the permit holder and approved by the public safety director.
(b) Any permit returned for a refund.
(c) Change in hours issued on a part-time permit.
(5))) Salaried employees have the option of paying for parking through payroll deduction.
(((6))) (5) The proper fee must be paid for all vehicles parked in ((metered)) short-term lots unless otherwise authorized.
(((7) For fees regarding lost or stolen permits, see WAC 516-12-450(3).))
AMENDATORY SECTION (Amending WSR 10-15-021, filed 7/9/10, effective 8/9/10)
WAC 516-12-470 Enforcement.
(((1) General.
(a) A vehicle which is parked in a manner which endangers or potentially endangers members of the university community or their property, state property, and prevents a person having a valid permit from parking in their designated parking area, will be impounded on the first violation.
(b) Upon receiving two unpaid parking citations outstanding for more than seventy-two hours, a vehicle is subject to impound.
(c) A student with unpaid parking citations may not receive his or her class registration and/or transcript until citations are paid.
(d) Parking permits will not be issued until all outstanding citations and fees are paid.
(e) After identifying the registered owner of any vehicle without a parking permit or a permit number which has one or more unpaid citations, parking services will contact the owner in writing that payment is required. If payment for outstanding citations is not made by the date required, the matter will be referred to the appropriate collection agent and/or civil court for resolution.
(f) The permit holder and registered owner(s) of a vehicle which is involved in a violation of the university's parking regulations are jointly and severally responsible for the violation.
(g) Enforcement measures are cumulative; using one or more enforcement measures will not prohibit the use of additional measures.
(2) When regulations are in effect.
(a) Except as stated in (b) and (c) of this subsection, parking regulations are subject to enforcement throughout the calendar year but will not be enforced on official university holidays unless otherwise posted. For purposes of this section, intersession is not considered a university holiday.
(b) A vehicle which is parked in a manner which endangers or potentially endangers members of the university or their property or state property will be impounded on the first violation regardless of when the violation occurs.
(c) Intersession regulations will be determined and published by the public safety director as required.
(d) All lots have restrictions, which are posted on regulatory signs at lot entrances.
(e) Should there be a conflict between these regulations, parking maps, and on-site posted signs regarding parking information and instructions, the on-site sign takes precedence.
(3) Citations. A vehicle which is in violation of the university's parking regulations will be issued a citation.
(4))) (1) Parking regulations are subject to enforcement throughout the calendar year unless otherwise posted.
(a) All parking lots have restrictions, which are posted on regulatory signs at lot entrances and within the lots. When there is a conflict, parking services' authorized on-site signs take precedence over other regulations, parking maps, or verbal or written instruction regarding parking information.
(b) Intersession regulations will be determined and published by the assistant director of the student business office and parking services as required.
(c) Enforcement measures are cumulative; using one or more enforcement measures will not prohibit the use of additional measures.
(d) The violation of any parking regulation by other vehicles does not constitute a valid excuse for violating these regulations.
(2) Citations. It is prohibited to park and citations may be issued to vehicles:
(a) Without a valid permit;
(b) Double parked;
(c) Parked in more than one parking space;
(d) In a reserved space without a proper permit;
(e) In a no parking area;
(f) In an accessible parking space without a proper permit and state issued placard;
(g) In fire lanes, service roads, fire exits or within fifteen feet of a fire hydrant;
(h) In service entrances, construction sites, spaces reserved for maintenance vehicles, disability access areas, dumpster access;
(i) On lawns, sidewalks, walk zones, crosswalks, parking lot driveways, straddling painted lines or buttons, or angle parking where prohibited;
(j) Exceeding time in loading zones or short-term spaces;
(k) In areas where a permit is not valid;
(l) Against the flow of traffic;
(m) In areas or spaces closed by barricades or other control devices;
(n) With a license plate that is not exposed to the lane of travel, is not clearly visible, or is obstructed.
(3) Continued violations. A vehicle which remains in violation of any regulation may receive additional citations for every four hours of the violation.
(((5))) (4) Impoundment by towing or wheel lock:
(a) All violators are subject to having their vehicles impounded through the use of towing or the wheel lock device at their own risk and expense.
(b) Any vehicle may be towed away if the vehicle:
(i) Has been immobilized by wheel lock for more than twenty-four hours; ((or))
(ii) Is parked in such a manner as to endanger or potentially endanger the university community or their property or state property; ((or))
(iii) Is parked in a fire lane blocking traffic or other posted tow-away zone; ((or))
(iv) Is parked so as to deprive a permit holder of space in ((his/her)) their assigned lot, reserved space, or ((disability)) accessible parking space without a proper permit; ((or))
(v) Is left under circumstances which indicate it has been abandoned; ((or
(vi) Is found displaying a forged, reported lost or stolen permit; or
(vii))) (vi) Cannot be ((impounded)) immobilized with the wheel lock device; ((or
(viii)))
(vii) When a university police officer has probable cause to believe the vehicle is stolen; ((or
(ix)))
(viii) When a university police officer has probable cause to believe that the vehicle contains or constitutes evidence of a crime, and in the police officer's judgment impoundment is necessary to obtain or preserve such evidence; ((or
(x)))
(ix) When a driver is arrested and/or deprived of the right to leave with the driver's vehicle, and the university police are responsible for the "safekeeping" of the vehicle; or
(((xi))) (x) Is parked at any time on campus when parking privileges have been revoked.
(c) Any vehicle may be immobilized by use of a wheel lock device if the vehicle:
(i) Has an accumulation of two or more unpaid parking tickets, regardless of appeal status, (the second of which has been outstanding for more than seventy-two hours); or
(ii) ((Is parked at any time on campus when)) Has parking privileges ((have been)) revoked.
(d) ((The operator/owner of the impounded vehicle must pay all outstanding citations at parking services (or university public safety department when parking services is closed) and complete the required paperwork before a vehicle release is authorized.
(e) A fee will be assessed on vehicles immobilized by the wheel lock device.
(f) Any vehicle which remains immobilized by wheel lock for more than twenty-four hours in an area where towing is not practical or possible will be assessed a fee for each day or portion thereof over the twenty-four hours.
(g) An impound fee is charged if the driver of the tow truck or the wheel lock operator has performed any labor prior to the vehicle operator/owner returning to the vehicle before the impoundment is completed.
(h) An impounded vehicle shall be released to the operator/owner of the vehicle when:
(i) Positive identification and proof of ownership of the vehicle is provided;
(ii) All unpaid fines against the impounded vehicle or any other vehicle registered to the violator are paid at parking services (or university public safety department when parking services is closed);
(iii) A wheel lock fee is paid; and/or
(iv) All towing and storage fees are paid.
(i) The operator/owner of the towed vehicle must present an authorized release form to the towing company and pay all towing charges including any storage fees incurred.
(j))) The university assumes no responsibility or liability for damages which may result from use of the wheel lock device, towing, storage, or attempts to move a vehicle with a wheel lock device installed.
(((k) A person wishing to challenge the validity of the impound or any fines or fees imposed under these rules may appeal through the process provided in this chapter. However, in order to secure release of the vehicle, the driver or owner must pay the amount of fines and/or fees as a bond which will be refunded to the extent the appeal is approved.
(6) It is prohibited to park and citations may be issued to vehicles:
(a) Without a valid permit;
(b) Double parked;
(c) In reserved spaces without a proper permit;
(d) In no parking areas;
(e) In a disability space without a proper permit;
(f) In fire lanes, service roads, fire exits or within fifteen feet of a fire hydrant;
(g) In loading zones exceeding the time limit;
(h) In service entrances, construction sites, spaces reserved for maintenance vehicles, disability access areas, dumpster access;
(i) On lawns, sidewalks, walk zones, crosswalks, parking lot driveways, straddling painted lines or buttons, or angle parking where prohibited;
(j) Exceeding time in loading zones or metered spaces;
(k) In areas where a permit is not valid;
(l) Over or adjacent to yellow lines or curbs;
(m) Against the flow of traffic;
(n) In areas or spaces closed by barricades or other control devices.
(7) Payment of fine is due upon receipt of citation.))
NEW SECTION
WAC 516-12-472 Payment of parking fine and impoundment fee.
(1) Parking fine. Fine schedules will be approved by the president or designee and posted on parking services' web site.
(a) Payment of fine is due upon receipt of citation.
(b) If any citation has neither been paid nor appealed after fourteen days beginning with and including the date of the citation, the university shall impose additional fines and may:
(i) Withhold the violator's degree, transcript, or grades until all fines are paid.
(ii) Delay registration for future terms.
(iii) Withhold parking privileges.
(c) After identifying the registered owner of any vehicle which has unpaid fines, parking services will contact the registered owner in writing that payment is required. If payment for outstanding fines is not made by the date required, the matter will be referred to the appropriate collection agency.
(d) The permit holder and registered owner(s) of a vehicle which is involved in a violation of the university's parking regulations are jointly and severally responsible for the violation.
(2) Impoundment fee. Fee schedules will be approved by the president or designee and posted on parking services' web site.
(a) The operator/owner of the impounded vehicle must pay all outstanding fines and fees online through parking services' payment portal or at the student business office.
(b) A fee will be assessed on vehicles immobilized by the wheel lock device.
(c) Any vehicle which remains immobilized by wheel lock for more than twenty-four hours in an area where towing is not practical or possible will be assessed a fee for each day or portion thereof over the twenty-four hours.
(d) An impound fee is charged if the driver of the tow truck or the wheel lock operator has performed any labor prior to the vehicle operator/owner returning to the vehicle before the impoundment is completed.
(e) An impounded vehicle shall be released to the operator/owner of the vehicle when all of the following are satisfied:
(i) Positive identification and proof of ownership of the vehicle is provided;
(ii) All unpaid fines against the impounded vehicle or any other vehicle associated with the violator are paid;
(iii) A wheel lock fee is paid;
(iv) All towing and storage fees are paid; and
(v) All associated documentation is completed.
(3) A person wishing to challenge the validity of the impound or any fines or fees imposed under these rules may appeal through the process provided in this chapter.
AMENDATORY SECTION (Amending WSR 10-15-021, filed 7/9/10, effective 8/9/10)
WAC 516-12-480 Appeals and appeals board.
Any person who wishes to appeal a citation must, within seven days from the date of the citation, complete an appeal ((form)) at the ((parking services)) student business office or ((appeal)) online ((at www.ps.wwu.edu)) through parking services' web site. The person who appeals will be referred to as the appellant.
(1) Payment of a parking fine will not constitute a waiver of the right to an appeal with regard to the underlying violation. The right to ((a hearing)) an appeal is forfeited seven days from the date of the citation.
(2) The appeal ((form)) must ((include a full)) provide the complete explanation of the basis for the appeal. The only ((proper)) valid basis for an appeal is a contention that the cited regulations were not violated.
(3) The ((public safety director)) assistant director of the student business office and parking services or designee will review the appeal and issue a decision to the appellant within fourteen days of review. The ((public safety director)) assistant director of the student business office and parking services or designee may deny the appeal or grant the appeal in whole or in part by dismissing or reducing the citation.
(4) ((If dismissal or reduction is not granted, appellant may request the appeal be sent to the appeals board for review upon payment of the fine and the completion of an appeals board review request form. The public safety director has the authority to waive completion of the appeals board review request form and authorize delay of payment of the fine, pending review.
(5) Requests for an appeals board review must be made in writing within fourteen calendar days of the decision made by the public safety director or designee.
(6) The citation(s) must be paid in full before an appeals board review request form may be filled out as a form of appeals bond and can only be delayed by written authority of the public safety director.
(7) Payment of a parking fine will not constitute a waiver of the right to a hearing with regard to the underlying violation.
(8) An)) Any appellant who wishes to appeal the decision of the assistant director of the student business office and parking services or designee must pay the full amount of the fine and complete the appeals board review request at the student business office or online through parking services' web site. Appeals must be received within fourteen calendar days of the date the decision was issued.
(5) The appeals board ((has been established composed of one administrator; one faculty member; one staff member; and four students. Representation must be by the administrators)) is composed of five members. Appointments will be made by professional staff organization (one member), faculty union (one member), staff unions (one member), and associated students (two members). Each member ((may be reappointed)) is appointed for a term of one year and may be reappointed for one additional term. The appeals board will choose its own chairperson from its members.
(((9))) (6) The appeals board will meet throughout the academic year dependent upon the volume of appeals. If an appeals board member has been notified of a meeting at least three days in advance and does not appear ((to participate)), the other appeals board members may proceed with their duties in reviewing appeals. At least three appeals board members are required to conduct a review.
(((10))) (7) The appeals board has jurisdiction to hear and decide only those cases involving alleged violations of Western Washington University's regulations, chapters 516-12, 516-13, 516-15 WAC.
(((11) Moving violations, violations of the motor vehicle and other traffic laws of the state of Washington, and traffic code of the city of Bellingham are referred to the appropriate court.
(12))) (8) The appeals board will consider appeals as follows:
(a) Should a personal appearance before the appeals board be desired it should be indicated on the appeals board review request form, otherwise the citation will be adjudicated on the basis of the written submission only.
(b) If a personal appearance is requested, and the appellant cannot appear on the date scheduled, the appellant must notify parking services in writing at least ((twenty-four hours)) one business day before the scheduled time and request a new date. Only one such rescheduling is permitted. If the appellant does not appear at a scheduled hearing without notification, the appeal will be reviewed on the basis of the written appeal only.
(c) The appeals board operates according to the rights of due process of law. If desired, the appellant has the right to be represented by another person, the right to cross-examine witnesses, and the right to an open and impartial hearing.
(d) Parking services has the right to be represented at hearings and to cross-examine witnesses.
(e) The appeals board may examine witnesses for either side.
(f) At the conclusion of a hearing, and in an open session, the appeals board will specify the charge(s) against the appellant, declare judgment for each charge, and include a reason for each judgment. The appeals board has the authority to deny the appeal, waive, void or refund charge(s) in part or in full, according to the judgment.
(g) The decision of the appeals board will be ((in writing,)) final. Formal notification will be sent ((immediately)) to the appellant and parking services((, and will be final)) within three business days.
(h) ((Failure to comply with a decision of the appeals board constitutes a ground for revocation of campus parking privileges. Any unpaid fine will be deducted from any refund due as a result of revocation of parking privileges or a judgment of the appeals board.
(i))) A written record of the judgment, reason, and fine imposed, if any, shall be furnished to parking services by the appeals board chairperson. These records will then be maintained by parking services.
(((j))) (i) The appellant may appeal the appeals board decision to parking services as delegated by the public safety director within ten days after the final decision has been issued. Parking services shall immediately forward documents to the district court which has jurisdiction to hear the appeal de novo. The appellant is responsible for all associated fees. No appeal may be taken unless the citation has been contested as provided in these rules.
(((13))) (9) The appeals board chairperson may submit written recommendations about the parking system to the vice president for business and financial affairs by May 31st of each year.
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