WSR 18-18-096
PROPOSED RULES
WASHINGTON STATE UNIVERSITY
[Filed September 5, 2018, 8:58 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-11-087.
Title of Rule and Other Identifying Information: Campus parking and traffic regulations for Washington State University (WSU) Vancouver, chapter 504-19 WAC.
Hearing Location(s): On October 10, 2018, at 4:00 p.m., at Lighty Student Services, Building 403, WSU Pullman, Pullman, Washington; and Multimedia Classroom, Building 202Q, WSU Vancouver, Vancouver, Washington.
Date of Intended Adoption: October 31, 2018.
Submit Written Comments to: Deborah Bartlett, Rules Coordinator, P.O. Box 641225, Pullman, WA 99164-1225, email prf.forms@wsu.edu, fax 509-335-3969, by October 10, 2018.
Assistance for Persons with Disabilities: Contact Joy B. Faerber, phone 509-335-2005, fax 509-335-3969, email prf.forms@wsu.edu, by October 8, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The university is updating the WSU Vancouver campus parking and traffic rules including the expansion of rules regarding bicycles and other unmotorized vehicles.
Statutory Authority for Adoption: RCW 28B.30.150.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: WSU, public.
Name of Agency Personnel Responsible for Drafting and Enforcement: Dave Stephenson, Director of Public Safety and Police Services, Classroom (VCLS) 120, WSU Vancouver, Vancouver, Washington 98686-9600, 360-546-9004; and Implementation: Mel Netzhammer, Chancellor, Dengerink Administration Building (VDEN) 230, WSU Vancouver, Vancouver, Washington 98686-9600, 360-546-9589.
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 university does not consider this rule to be a significant legislative rule.
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 only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rule content is explicitly and specifically dictated by statute.
September 5, 2018
Deborah L. Bartlett, Director
Procedures, Records, and Forms
and University Rules Coordinator
AMENDATORY SECTION(Amending WSR 08-08-049, filed 3/27/08, effective 7/1/08)
WAC 504-19-100Definitions.
The definitions in this section are applicable within the context of this chapter.
(1) Campus. Describes all property owned, leased, and/or controlled by WSUV which is or may hereafter be dedicated mainly to the educational, research, recreational, parking, or other activities of WSUV.
(2) Day. Unless otherwise specified, the term "day" refers to a calendar day.
(((3) Disability parking. See persons with disability.
(4)))(3) Disability zone. A parking zone designated for exclusive use by persons with disability and identified with a sign bearing the associated international symbol.
(((5)))(4) Fire zone. An area needed for emergency access to buildings, fire hydrants, or fire equipment. Such areas include, but are not limited to, areas with adjacent curbs or rails painted red.
(((6) Holiday. See university holiday.
(7)))(5) Illegal use of permit. A parking violation in which a parking ticket is issued under the following circumstances:
(a) Use of a parking permit or indicator on a vehicle other than the specified vehicle identified by a license number on the permit.
(b) Use of a parking permit or indicator obtained under false pretenses.
(c) Use of a modified parking permit or indicator.
(d) Use and/or retention of a parking permit or indicator by person(s) ineligible, or no longer eligible, for such permit as described and authorized in this chapter.
(((8)))(6) Impound. To take and hold a vehicle in legal custody, either by use of a wheel lock and/or towing.
(((9)))(7) Indicator. A vinyl, plastic, or paper instrument displayed adjacent to a parking permit which defines the parking areas available to a permit holder.
(((10)))(8) Loading zone. A loading dock or an area signed "loading zone" adjacent to a facility or in a parking area. Such an area is intended for loading and unloading bulky or voluminous material. Loading zones are restricted at all times unless signed otherwise.
(((11)))(9) Moped. Any two-wheeled or three-wheeled motor vehicle with an engine displacement of 50cc or less.
(((12)))(10) Motorcycle. Any two-wheeled or three-wheeled motor vehicle with an engine displacement greater than 50cc.
(((13)))(11) Motor vehicle. All motor-driven conveyances except wheelchairs. Also referred to as "vehicle" in this chapter.
(((14)))(12) No parking zone. Any area not specifically marked and/or signed for parking. Such areas include, but are not limited to, areas with adjacent curbs or rails painted yellow or red.
(((15)))(13) Officer. Any parking or police official employed by the university who is designated by the parking administrator or police department head to issue parking tickets, to place or remove wheel locks, or to cause vehicles to be towed under this chapter.
(((16)))(14) Owner. The person registered with any state as the present owner of a vehicle in the most current registration record available to the university, the owner's expressed representative, or any transferee not designated in such records, provided that the parking administrator or police department head has received actual written notice of the transfer.
(((17)))(15) Park/parking. This refers to the placement or standing of a vehicle, with or without a driver in attendance, and with or without the engine running.
(((18)))(16) Parking administrator. The manager in charge of the parking department or designee.
(((19)))(17) Parking appeals committee. Any person or persons appointed to consider parking violations and the application of fees, fines, and sanctions. Said person or persons are appointed by the vice chancellor whose responsibilities include supervision of the parking department or designee.
(((20)))(18) Parking department. The university department which is charged with the responsibility of managing, operating, planning, and maintaining parking facilities and enforcing the parking regulations for the WSUV campus.
(((21)))(19) Parking meter. A single fixed device that typically requires payment and limits the amount of time a vehicle can park in a single space. Also referred to as "meter" in this chapter. A parking meter is not a parking payment device.
(((22)))(20) Parking payment device. A machine that requires payment and vends a parking permit and/or a paid receipt. Parking payment devices may be located in various places on campus. A parking payment device is not a parking meter.
(((23)))(21) Parking permit. A vinyl, plastic, paper, or other instrument sanctioned by the parking department that is displayed from a vehicle and authorizes parking in specified areas. Also referred to as "permit" in this chapter.
(((24)))(22) Parking ticket. The first notice of a parking violation which is usually placed in a visible location on a motor vehicle.
(((25)))(23) Pay parking facility. A location where parking is provided and payment is made on-site via a parking payment device, cashier, or other means other than a parking meter.
(((26)))(24) Pedestrian mall. A space that is designed primarily for pedestrian use, but with limited authorized use of motor vehicle and other motorized and nonmotorized conveyances.
(((27)))(25) Persons with disability. For the purposes of this chapter, ((persons))individual with ((disability))disabilities shall refer to a person or persons with disability or disabilities who qualify for a state-issued ((persons))individual with ((disability))disabilities parking identification and permit.
(((28)))(26) Service vehicle. A vehicle used to provide a service for WSUV or a tenant or contractor of WSUV (e.g., a university-owned vehicle or a privately owned vehicle with a valid service vehicle authorization displayed).
(((29)))(27) Service zone. Parking spaces or area designated for the use of service vehicles, other government-owned vehicles, and vehicles displaying a service indicator or commercial permit. Authorized vehicles may park in these zones for a maximum of fifteen minutes, except for vehicles that display a service indicator issued for an extended time. Service zones are restricted at all times unless signed otherwise.
(((30)))(28) Staff. For the purposes of these regulations, "staff" includes all nonstudent employees of the university, and the nonstudent employees of other entities located on or regularly doing business on campus. Teaching assistants, research assistants, and other students employed by the university or other entities located on or regularly doing business on campus are not "staff." They are considered as students for the purpose of these rules.
(((31)))(29) Standing. "Standing" is the stopping of a vehicle with the driver remaining in it.
(((32)))(30) Storage of a vehicle. Impounded vehicles are held in storage until released. During such time they are subject to storage fees.
(((33)))(31) Student. The term "student" includes all persons who are not staff, who are taking courses at the university, enrolled full-time or part-time, pursuing undergraduate, graduate, professional studies, or auditing one or more classes.
(((34)))(32) Summer session. The summer session includes all summer sessions beginning on the first day of the earliest session and ending on the last day of the latest session.
(((35)))(33) University. Refers to Washington State University Vancouver.
(((36)))(34) University holiday. A day regarded by the university as an official university holiday.
(((37)))(35) Unpaid. A full or partial outstanding balance due. This definition includes parking tickets which are pending appeal.
(((38)))(36) Vacation. A period of time when classes or final exams are not in session. Except for holidays that fall within this period, the business offices of WSUV typically are open during this time.
(((39)))(37) Visitors. Persons who are not staff or students and who only visit the campus on an occasional basis.
(((40)))(38) Wheel lock. A device used to temporarily immobilize a motor vehicle. Wheel locked vehicles are considered to be impounded in place and subject to storage fees.
(((41)))(39) Wheel lock-eligible list. The current list of wheel lock-eligible vehicles as maintained by the parking department. A vehicle remains on the wheel lock-eligible list until all fines and fees related to parking tickets are paid in full or otherwise resolved to include the payment of fines and fees related to parking tickets not yet eligible for late fees.
(((42)))(40) Wheel lock-eligible vehicle. Any vehicle on which three or more parking tickets more than thirty days old are unpaid and which parking tickets were issued during the time the vehicle was registered to or otherwise held by the owner. The vehicle remains wheel lock-eligible until all fines and fees related to parking tickets are paid in full or otherwise resolved to include the payment of fines and fees related to parking tickets not yet eligible for late fees.
(((43)))(41) WSUV. Refers to Washington State University Vancouver.
AMENDATORY SECTION(Amending WSR 08-08-049, filed 3/27/08, effective 7/1/08)
WAC 504-19-350Use of areas for emergency, maintenance, events, or construction((, or special needs)).
(1) WSUV reserves the right to close any campus parking area at any time it is deemed necessary for maintenance, safety, events, construction, or ((to meet special needs. WSUV public safety will provide notice to users when possible))emergencies.
(2) The public safety or parking department may authorize the towing of vehicles parked in areas that are designated to be used for emergencies, maintenance, events, or construction. Towing is at the owner's expense.
(3) Public safety and maintenance personnel performing official duties may deviate from these regulations as required to conduct emergency procedures.
NEW SECTION
WAC 504-19-370Vehicle storage.
The storage of vehicles, including motorcycles and mopeds, is prohibited on campus unless otherwise authorized by the parking department.
Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 12-11-024, filed 5/8/12, effective 6/8/12)
WAC 504-19-520Parking permits—Form and display.
All 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))Daily 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))as instructed on the permit.
(b) ((Permits))Annual and semester 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))side (driver's side) of the windshield. Permits must be mounted completely by means of their own design. No additional substances may be used to adhere the permit to the windshield unless approved by the parking department.
(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.
AMENDATORY SECTION(Amending WSR 12-11-024, filed 5/8/12, effective 6/8/12)
WAC 504-19-560Other parking permits—Availability and use.
(1) Visitor permits. Visitor permits may be used only by bona fide visitors as defined by this chapter. Use by any other person constitutes illegal use of a parking permit. Visitor permits are valid in any zone and parking spaces signed for visitors only. Visitor permits are not valid at meters or restricted spaces.
(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 that is designated and approved by the parking department. 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 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.
AMENDATORY SECTION(Amending WSR 12-11-024, filed 5/8/12, effective 6/8/12)
WAC 504-19-600Parking ((permits)) for ((persons))individuals with ((disability))disabilities.
(1) The provisions of this chapter cover ((the purchase and display of parking permits))disability parking and the payment of fees and fines associated with parking for ((persons))individuals with ((disability))disabilities.
(2) For the purpose of this chapter, ((persons))individuals with ((disability))disabilities shall refer to ((a person or persons))individuals with ((disability))disabilities who qualify for a state-issued ((persons))individual with ((disability))disabilities parking identification and permit as provided in WAC 308-96(b). Use of disability accommodation parking at ((WSU Vancouver))WSUV also requires payment for parking in the form of a WSUV parking permit or receipt of payment.
(3) The university uses the state ((persons))individual with ((disability))disabilities 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))individuals with ((disability))disabilities requires a ((valid university persons with disability parking permit))state-issued disability parking placard or license plate and a WSUV parking permit or proof of payment to park on campus. University semester and annual parking permits for ((persons))individuals with ((disability))disabilities 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))state-issued disability parking placard or license plate and a WSUV parking permit or proof of payment may park in ((a persons with disability parking space))parking spaces designated for individuals with disabilities and any other, nonrestricted permit space within a parking permit zone.
(6) Persons with a ((university persons with disability parking permit))state-issued disability parking placard or license plate and a WSUV parking permit or proof of payment may not park in restricted spaces with the exception of ((persons))individuals with ((disability))disabilities parking spaces.
(7) Unless otherwise posted, any university parking permit to include a ((persons with disability parking permit))state-issued disability parking placard or license plate is not valid in lieu of payment of regular posted fees in pay parking lots and facilities.
(8) A state-issued ((persons))individuals with ((disability))disabilities 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))state-issued disability parking placard or license plate and a WSUV parking permit or proof of payment is required as authorization to use a pedestrian mall to access marked ((persons))individuals with ((disability))disabilities parking spaces within the confines of a pedestrian mall.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 12-11-024, filed 5/8/12, effective 6/8/12)
WAC 504-19-650Parking fees and fines.
(1) Schedules for parking fees, parking administrative fees, late payment fees, parking fines and sanctions, parking meter rates, prorate and refund schedules, and the effective date thereof are submitted to the president or his/her designee and to the board of regents for approval by motion, provided however, that increases in fees and fines do not exceed limits established by the board of regents. Increases in fees and fines that do not exceed limits established by the board of regents are not submitted to the board of regents so long as the board of regents has delegated authority to the president or his designee to approve all such fees and fines. The schedules described above for all parking fees and fines are thereafter posted in the public area of the parking department office and posted on the parking department's web site.
(2) Before purchasing a permit, the balance of any fees and fines owed to the parking department must be paid in full.
(((2)))(3) Payments. Parking fees and fines may be paid at the parking department by cash, check, approved payment card, or money order, and online through the WSUV parking services payment portal web site. A payroll deduction plan is available for eligible university employees and eligible graduate students.
(((3)))(4) The annual fee for any shorter period relative to all permits shall be prorated according to the published schedule.
(((4)))(5) The proper fee must be paid for all vehicles parked in parking meter spaces unless otherwise authorized.
(((5)))(6) 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)))(7) 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)))(8) 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.
AMENDATORY SECTION(Amending WSR 08-08-049, filed 3/27/08, effective 7/1/08)
WAC 504-19-865General.
(1) Pursuant to the provisions of this chapter, an officer shall cause a vehicle to be wheel locked, or towed, or both, if:
(a) The vehicle is on the wheel lock-eligible list; or
(b) The vehicle displays a lost, stolen, or counterfeit parking permit.
(2) Any vehicle may be towed away at owner's/operator's expense if the vehicle:
(a) Has been immobilized by wheel lock for more than twenty-four hours; or
(b) Is illegally parked in a marked tow-away zone; or
(c) Is a hazard or obstruction to vehicular or pedestrian traffic (including, but not limited to, vehicles parked at curbs or rails painted yellow or red or in crosswalks); or
(d) Cannot be immobilized with a wheel lock device; or
(e) Is illegally parked in a disability space((.)); or
(f) Is parked in an area designated to be used for emergencies, maintenance, events, or construction; or
(g) Is otherwise illegally parked on the executive authority of the parking department or the university police department.
(3) The driver and/or owner of a towed vehicle shall pay towing and storage expenses.
(4) Any vehicle immobilized by use of the wheel lock device in excess of twenty-four hours is assessed a storage fee for each calendar day or portion thereof, beyond the first twenty-four hours.
(5) The university assumes no responsibility in the event of damages resulting from towing, use of wheel lock devices, storage, or attempts to move a vehicle with a wheel lock device installed.
(6) No vehicle impounded by towing or wheel lock devices shall be released until the following fines are paid in cash or with an approved payment card:
(a) All unpaid parking ticket fines and late fees against said vehicle and any other vehicle registered to the owner;
(b) A wheel lock fee; and
(c) All towing and storage fees.
(7) A person wishing to challenge the validity of any fines or fees imposed under this chapter may appeal such fines or fees as provided in WAC 504-19-860. However, in order to secure release of the vehicle, such person must pay the amount of such fines or fees as a bond which shall be refunded to the extent the appeal is successful.
(8) An accumulation of six unpaid violations during any twelve-month period, exclusive of overtime at parking meter violations, and overtime in time zone violations, subjects the violator to revocation or denial of parking privileges. Vehicles without permits which accumulate the above number of violations may be prohibited from parking on university property.
AMENDATORY SECTION(Amending WSR 09-11-069, filed 5/14/09, effective 7/1/09)
WAC 504-19-930Bicycles, skateboards, scooters, and roller blades/skates.
(1) The riding and use of bicycles, skateboards, scooters, and roller blades/skates is prohibited from all building plazas, ((and)) interior building spaces, stairways, steps, ledges, benches, planting areas, any other fixtures, and in any other posted area.
(2) Bicycles, skateboards, scooters, and roller blades/skates may be ridden and used on sidewalks when a bike path is not provided. Operators must move at a safe speed and yield to pedestrians at all times. Reckless or negligent operation of bicycles, skateboards, scooters, and roller blades/skates on any part of campus is prohibited.
(3) ((Bicycles, skateboards, and roller blades/skates may not be ridden on or over stairways, steps, ledges, benches, planting areas, or any other fixtures.))Electric-assisted bicycles must be used in human propulsion only mode on pedestrian malls and sidewalks.
(4) Motorized foot scooters must be used in a human propulsion only mode on sidewalks.
(((4)))(5) Bicyclists must obey all traffic rules of the road when operating a bicycle in roadways.
(((5)))(6) Bicycles may be secured only at bicycle racks and facilities designed for such purpose.
(7) Bicycles that are not secured at university-provided bicycle racks or bicycle storage facilities may be impounded at the owner's expense.
(8) Abandoned and inoperable bicycles. Internal policies regarding abandoned and inoperable bicycles, including the impoundment of bicycles at the WSUV campus, may be established upon approval by the vice chancellor or designee whose responsibilities include supervision of the parking department.