WSR 19-06-065
PROPOSED RULES
UNIVERSITY OF WASHINGTON
[Filed March 5, 2019, 11:10 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-15-130.
Title of Rule and Other Identifying Information: Chapter 478-116 WAC, Parking and traffic rules of the University of Washington, Seattle.
Hearing Location(s): On April 19, 2019, at 10:00 a.m. – 12:00 noon, at the University of Washington, Police Department Conference Room, 3939 15th Avenue N.E., Seattle, WA 98105. This is located at the University of Washington, Seattle campus.
Date of Intended Adoption: May 9, 2019.
Submit Written Comments to: Barbara Lechtanski, University of Washington, Rules Coordination Office, Box 351210, Seattle, WA 98195, email rules@uw.edu, by April 19, 2019.
Assistance for Persons with Disabilities: Contact disability services office, phone 206-543-6450, fax 206-685-7264, TTY 206-543-7264, email dso@uw.edu, by April 9, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The University of Washington, Seattle is updating terminology regarding current modes of transportation and advancement in parking technology (i.e. automatic license plate recognition and virtual permit parking) traveling to/from and through campus. The information in this WAC has also been updated to reflect current practices regarding parking and parking related products, systems, and privileges, parking fees, citations, violation categories, fines, immobilization and impoundment, and related appeals.
Reasons Supporting Proposal: The University of Washington is amending this WAC to keep the university's parking and transportation information accurate and up-to-date for persons traveling to/from and through campus. The parking and traffic rules are needed to protect and control pedestrian and vehicular traffic on the campus of the University of Washington, Seattle; to ensure access at all times for emergency vehicles and equipment; to minimize traffic disturbances; to facilitate the operations of the university by ensuring access to its vehicles; to allocate limited parking space for the most efficient use; to protect state property; and to encourage travel to the campus by means other than single occupancy vehicle. This is part of a comprehensive effort to update parking and transportation information across WAC the University of Washington administrative policy, and web site information.
Statutory Authority for Adoption: RCW 28B.10.560 and 28B.20.130.
Statute Being Implemented: RCW 28B.10.560 and 28B.20.130.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: University of Washington, governmental.
Name of Agency Personnel Responsible for Drafting: Marian Woodland, University of Washington Parking Operations Manager, Customer Service and Administration Support Manager, 1320 N.E. Campus Parkway, Seattle, 98195, 206-221-3701; Implementation: Anne Eskridge, University of Washington Director of Transportation Services and Eric Johnson, University of Washington Associate Director of Personal Mobility Group, 1320 N.E. Campus Parkway, Seattle, 98195, 206-221-3701; and Enforcement: Lou Cariello, Vice President for University of Washington Facilities, 1320 N.E. Campus Parkway, Seattle, 98195, 206-221-3701.
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 of Washington does not consider this 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 rule content is explicitly and specifically dictated by statute.
March 5, 2019
Barbara Lechtanski
Director of Rules Coordination
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-020Objectives of parking and traffic rules.
The objectives of these rules are:
(1) To regulate, protect, and control pedestrian and vehicular traffic on the campus of the university;
(2) To ((assure))ensure access at all times for emergency vehicles and equipment;
(3) To minimize traffic disturbances;
(4) To facilitate the operations of the university by ((assuring))ensuring access to its vehicles;
(5) To ((allocate limited parking space in order to promote its most efficient use))maximize the use of the limited campus parking resource;
(6) To protect state property; and
(7) To encourage and support travel to the campus by means other than single occupancy vehicle (SOV).
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-022Knowledge of parking and traffic rules.
It is the responsibility of all individuals parking or operating a vehicle on the campus to read, understand, and comply with these rules. Lack of knowledge of these rules shall not be grounds for the dismissal of any citation for a violation of the parking or traffic rules.
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-024Definitions.
(1) Authorized agent. An entity or individual authorized by the director of transportation services to facilitate services provided by the department.
(2) Automatic license plate recognition. (Also referred to as ALPR.) A system which automatically captures an image of a vehicle's license plate to assist in streamlined enforcement of parking by authorized agents.
(3) Automatic vehicle identification. (Also referred to as AVI.) A system to support vehicle access control and vehicle identification.
(4)Bicycle.((Any device defined as a bicycle in chapter 46.04 RCW.
(3)))A device with two or three wheels, a saddle, fully operative pedals propelled solely by human power.
(5)Campus. The University of Washington, Seattle, and those lands and leased facilities of the university within UWPD jurisdiction and where parking is managed by transportation services.
(((4)))(6) Disability parking. See "persons with disability."
(7) Disability zone/area. A parking zone designated for exclusive use by persons with a disability and identified with a sign bearing the associated international symbol.
(8) Electric-assisted bicycle (class 1, 2, and 3). A bicycle with two or three wheels, a saddle, fully operative pedals for human propulsion, and an electric motor. The electric-assisted bicycle's electric motor must have a power output of no more than seven hundred fifty watts. The electric-assisted bicycle must meet the requirements of one of the following three classifications:
(a) Class 1: The motor provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of twenty miles per hour;
(b) Class 2: The motor may be used exclusively to propel the bicycle and is not capable of providing assistance when the bicycle reaches the speed of twenty miles per hour; or
(c) Class 3: The motor provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of twenty-eight miles per hour and is equipped with a speedometer.
(9) Electric scooter. A stand-up motor vehicle consisting of a footboard mounted on two wheels and a long steering handle, propelled by an electric motor.
(10)Fee.((A))The charge for the use of services provided and facilities managed by transportation services.
(((5) Impoundment. The removal of the vehicle to a storage facility either by an authorized agent of transportation services or UWPD.
(6)))(11) Fine. The charge associated with a parking citation.
(12)Immobilization. The attachment of a ((metal)) device to a ((wheel of a)) parked car, motorcycle, bicycle, electric-assisted bicycle, motor scooter, or electric scooter so that the vehicle cannot be moved.
(((7)))(13) Impoundment. The removal of the vehicle, bicycle, electric-assisted bicycle, or electric scooter to a storage facility either by an authorized agent of transportation services or UWPD.
(14) Load zone. A stall or area signed for loading and unloading purposes, adjacent to a facility or loading dock, or in a parking area or lot.
(15)Meter.((A single fixed device that registers and collects payment for the length of time a vehicle occupies a single parking space. A meter does not produce a receipt, physical permit, or virtual permit. A meter is not a permit-issuance machine.
(8) Motorcycles and scooters.))See "parking meter."
(16) Mobile payment. Payment service performed from or via a mobile device.
(17) Motorcycle. Motor vehicle((s)) designed to travel with not more than three wheels in contact with the ground, on which the driver rides astride the motor unit or power train and which is designed to be steered with a handle bar. ((For the purposes of these rules, motorcycles, motorized bicycles excluding pedal assisted electric bicycles, and scooters are considered motor vehicles and are subject to all traffic and parking rules controlling other motor vehicles.
(9)))(18) Motor scooter. A light two-wheeled open motor vehicle with a step-through frame on which the driver sits over an enclosed engine with legs together and feet resting on a floorboard.
(19)Motor vehicle. An automobile, truck, motorcycle, motor scooter, or electric-assisted bicycle that is assisted by an engine or other mechanism, or a vehicle without motor power designed to be drawn or used in conjunction with the aforementioned vehicles including, but not limited to, trailers, travel trailers, and campers. ((In addition, any bicycle with an electric motor that is disengaged will be considered a bicycle and not a motor vehicle under this chapter.
(10)))(20)Nonmotorized vehicle. A device other than a motor vehicle used to transport persons((,)) including, but not limited to, bicycles, skateboards, in-line skates, and roller skates.
(((11)))(21) No parking zone/area. Any area not specifically marked and/or signed and designed for parking.
(22)Operator or driver. Every person who drives or is in actual physical control of a motor vehicle or nonmotorized vehicle.
(((12)))(23)Overtime parking. The occupation by a vehicle of a time-limited space beyond the posted time limit or time provided on a permit((, meter))issuance system including, but not limited to, a permit, parking meter, mobile device, or permit-issuance machine.
(((13)))(24) Park/parking. Refers to the placement or standing of a motorized vehicle or a nonmotorized vehicle, with or without a driver in attendance, and with or without the engine running.
(25) Parking citation. The notice of a parking violation.
(26) Parking credential. See parking product.
(27) Parking meter. (Also referred to as a meter.) A single fixed device that registers and collects payment for a specified length of time for a vehicle to occupy a single parking space. A parking meter does not produce a receipt. A parking meter is not a permit-issuance machine.
(28)Parking product. A product issued by transportation services to manage motorized and nonmotorized access to ((the)) university parking. Parking products include, but are not limited to, permits, virtual permits, access to bicycle lockers and other bicycle parking facilities, and parking access cards.
(((14)))(29)Parking space. A space for parking one motor vehicle designated by lines painted on either side of the space, and/or a wheel stop positioned in the front of the space, and/or a sign or signs, or other markings.
(((15)))(30) Parking system. A parking management system that includes parking related products and technologies. This includes, but is not limited to, web-based and online technologies to purchase virtual products, enforce parking permits, issue parking citations, and the administration of parking citation payments and appeals.
(31)Permit. A document approved by and/or issued by transportation services that when properly displayed authorizes a person to park.
(((16)))(32)Permit-issuance machine. A transportation services deployed and managed machine that issues physical or virtual permits for designated spaces. A permit-issuance machine is not a parking meter.
(((17)))(33) Persons with disability. For the purposes of this chapter, persons with disability refers to a person who meets one or more of the criteria of RCW 46.19.010(1) for the issuance of a state disability permit. A vehicle displaying a validly issued state department of transportation disability placard or a valid disability parking permit initiated through the University of Washington disability office shall be permitted to park in designated disability parking spaces, subject to payment of all applicable parking fees.
(34)Registered owner. The person who has the lawful right of possession of a vehicle most recently recorded with any state department of licensing.
(((18)))(35)Roller skate/in-line skate. A device used to attach wheels to the foot or feet of a person.
(((19)))(36) Scooter. A nonmotorized vehicle consisting of a footboard mounted on two wheels and a long steering handle, propelled by resting one foot on the footboard and pushing the other against the ground.
(37)Skateboard. Any oblong board of whatever composition, with a pair of wheels at each end, which may be ridden by a person.
(((20)))(38)Traffic. The movement of motorized vehicles, nonmotorized vehicles, and pedestrians in an area or along a street as is defined in chapter 46.04 RCW.
(((21)))(39)Transportation services. The university department that manages and maintains University of Washington vehicles and shuttles, promotes alternate commute options, manages and maintains parking facilities, issues parking products, issues citations, processes citation appeals, and collects fees and fines.
(((22)))(40)University. The University of Washington, Seattle, and collectively those responsible for its control and operation.
(((23)))(41)UWPD. University of Washington police department.
(((24) Vehicle. Any motorized or nonmotorized vehicle.
(25)))(42)Visitor. A person who is neither an employee nor a student of the university. May also pertain to an employee or student who has not purchased a long-term product.
(((26)))(43)Virtual permit. A permit stored within a permit-issuance machine or permitting system that authorizes a person to park in a designated space. Virtual permits are valid for a space through the date or time ((stored in the machine))recorded in the permit system.
AMENDATORY SECTION(Amending WSR 12-03-038, filed 1/9/12, effective 2/9/12)
WAC 478-116-111Permit required for all motorized vehicles parked on campus.
Except as provided in WAC 478-116-112 and 478-116-155, no person shall park or leave any motorized vehicle, whether attended or unattended, upon the campus unless the person first purchases a valid permit from transportation services or a transportation services permit-issuance machine. Permission to park on campus shall be shown by display of a valid permit in accordance with WAC 478-116-122.
(1) A valid permit is:
(a) A current, physical vehicle permit issued by an authorized agent or permit-issuance machine or system designated by transportation services and displayed in accordance with WAC 478-116-122;
(b) A temporary physical permit issued by an authorized agent or permit-issuance machine designated by transportation services. Temporary permits are valid through the date or time of the permit; or
(c) A virtual permit that is stored within a permit-issuance machine or system for designated spaces. Virtual permits are valid for a specific space through the date or time stored in the machine or system and((,)) if applicable, listed on the customer receipt.
(2) Parking permits are not transferable, except as provided in WAC 478-116-114.
(3) Transportation services reserves the right to refuse to issue parking permits.
(4) The university may allow persons without permits to drive through the campus without parking.
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-112Visitor parking for motorized vehicles.
(1) No permit or payment shall be required for public safety and emergency vehicles while performing emergency services.
(2) Permits and payment of fees are required for all visitors parking on campus, unless exempted by transportation services((')) policy or state and local law.
(3) University departments may pay for all or part of the permit fee for their official visitors and guests.
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-114Transfer of permits limited.
(1) Permits may be transferred between motor vehicles registered with transportation services for that individual permit((,)) but may not be transferred to a third party to be used in an unregistered vehicle. The transfer of a permit by any unauthorized means including, but not limited to, resale or lending, is prohibited.
(2) Permits are not ((transferrable))transferable between parking areas, unless authorized by transportation services.
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-118Responsibility of person to whom the permit is issued.
(1) The person(s) to whom a permit is issued is responsible for paying for the permit until the permit expires or is returned to transportation services((,)) unless stated otherwise in these rules. All associated outstanding fees must be satisfactorily settled before a parking permit may be issued, reissued, or renewed.
(2) Permit holders shall provide transportation services with the license plate numbers of any vehicles they intend to use with a permit.
(3) The person(s) to whom a permit is issued is responsible for any violations of this chapter associated with a vehicle to which the permit is affixed and/or registered pursuant to WAC 478-116-341 up to the date and time the permit expires or is reported lost or stolen.
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-122Display of permits.
(1) ((Permits))Parking permits that are required to be displayed shall be prominently displayed ((and be))so that they are fully visible from the exterior of the vehicle ((or recorded in a permit-issuance machine as required by transportation services)).
(2) Instructions on how to properly display permits will be provided by transportation services and permit-issuance machines and permit systems at the time of sale and/or on the transportation services' web site.
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-124Parking fees.
Fees for parking and the effective date thereof shall be submitted to the board of regents for approval by motion. Prior to approval by the board of regents, the university shall, after notice, hold a hearing on the proposed schedule. The hearing shall be open to the public, and shall be presided over by a presiding officer who shall prepare a memorandum for consideration by the university, summarizing the contents of the presentations made at the hearing. Approved fee schedules shall be available ((in the lobby of the university transportation center and)) on the University of Washington web site.
NEW SECTION
WAC 478-116-126Parking fines.
Fines for parking citations and the effective date thereof shall be submitted to the board of regents for approval by motion. Prior to approval by the board of regents, the university shall, after notice, hold a hearing on the proposed schedule. The hearing shall be open to the public, and shall be presided over by a presiding officer who shall prepare a memorandum for consideration by the university, summarizing the contents of the presentations made at the hearing. Approved fine schedules shall be on the University of Washington web site.
NEW SECTION
WAC 478-116-127Parking finesTransitory provision.
Until such time as new fine schedules are approved pursuant to WAC 478-116-126 the fine schedule set forth in previous WAC 478-116-325 and 478-116-331 as posted on the University of Washington transportation services web site shall remain in effect.
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-131((Special))Events parking and lot closures.
(1) During ((special events causing additional or heavy traffic))events, the university may impose additional traffic and parking restrictions per WAC 478-116-035.
(2) The university reserves the right to close any campus parking area it deems necessary for maintenance, safety, events, construction, or to meet special needs. Transportation services will, to the extent practical, provide notice to users and suitable alternatives for affected permit holders.
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-135Parking within designated spaces.
(1) No motor vehicle shall be parked on the campus except in areas designated by transportation services as parking areas, unless authorized by transportation services, or in emergency situations, by UWPD.
(2) No person shall stop, stand, or park any motor vehicle so as to create a safety hazard, obstruct traffic along or upon any street, or obstruct pedestrian movement along any plaza, path, or sidewalk.
(3) No motor vehicle shall be parked so as to occupy any portion of more than one parking space as designated within the parking area((,)) unless authorized by transportation services. The fact that other motor vehicles may have been so parked as to require the vehicle to occupy a portion of more than one space or stall shall not excuse a violation of this section.
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-155Parking regulated by a parking meter or permit-issuance machine.
(1) Notwithstanding display of a valid permit to park in other parking areas/lots on campus, any motor vehicle which occupies a metered space is subject to payment of the parking meter fee and subject to the posted time limits. ((Motor vehicles displaying a disability permit or license plate issued by the state department of licensing shall not be subject to payment of fees when parked in a space which is restricted as to the length of time parking is permitted.))
(2) Notwithstanding the display of a valid permit to park in other parking area/lots on campus, any motor vehicle which occupies a space requiring a space-specific permit ((administered))issued by a permit-issuance machine or system is subject to payment of ((a))the applicable permit fee and the ((posted))specified time limits. ((Vehicles displaying a disability permit or license plate issued by the state department of licensing shall not be subject to payment of fees when parked in a space which is restricted as to the length of time parking is permitted.))
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-191Regulatory signs, markings, barricades, etc.
(1) The university may install/erect permanent or temporary signs, barricades, paint marks, and other structures or directions upon the streets, curbs, and parking areas within the campus. Drivers of motorized and nonmotorized vehicles shall obey the signs, barricades, structures, markings, and directions. Drivers of motorized and nonmotorized vehicles shall comply with directions given to them by authorized agents of transportation services and UWPD in the control and regulation of traffic, in the assignment of parking spaces, and in the collection of parking fees.
(2) No one without authorization from transportation services or UWPD shall move, deface, install/erect, or in any way change a sign, barricade, structure, marking, or direction that regulates traffic or parking.
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-193Prohibited parking area(s).
(1) No motor vehicle shall be parked at any place where official signs, curbs, and/or ground markings prohibit parking such as, but not limited to, "tow zone," "fire zone," "prohibited," or "no parking."
(2) No motor vehicle shall be parked within fifteen feet of a fire hydrant.
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-195Prohibited parkingSpace designated ((as))for disability ((or wheelchair)).
No ((motor))motorized vehicle or nonmotorized vehicle shall be parked in a disability ((or wheelchair)) space or lot without an appropriate permit.
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-197Motorcycle((, moped,))and motor scooter((, and motorized bicycle)) parking.
(((1))) Motorcycles((,))and motor scooters((, mopeds, and motorized bicycles powered or assisted by combustible engines)) are considered motor vehicles and subject to all parking rules. These vehicles shall not be permitted to park on pathways, sidewalks, authorized bicycle racks, or storage facilities, pedestrian areas, or in buildings.
(((2) Motorcycles, scooters, mopeds, and motorized bicycles powered or assisted by combustible engines may only be parked in designated cycle areas and require a permit.))
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-199Bicycle, electric-assisted bicycle and electric scooter parking.
(1) Bicycles ((and bicycles assisted by electric motors)), electric-assisted bicycles, and electric scooters shall be parked only in bicycle racks or designated bicycle parking facilities. ((All bicycle owners are encouraged to secure their bicycles with a secure lock.))Without limiting the generality of the foregoing, at no time shall a bicycle, electric-assisted bicycle, or electric scooter be parked:
(a) In a building, except where bicycle storage rooms are provided;
(b) Near a building exit;
(c) On a path or sidewalk unless attached to a university bike rack;
(d) In planted areas; or
(e) Chained or otherwise secured to trees, lamp standards, railings, garbage receptacles, fencing, or sign posts.
(2) Bicycle racks in campus areas are for parking and shall not be used for overnight storage, except for those racks adjacent to residence halls, which may be used for storage when the owner/operator is a current resident of that hall. Bicycle lockers ((in))on campus are to be used for bicycle parking and may not be used for overnight storage of a bicycle. Bicycle houses on campus are to be used for bicycle parking and may not be used for overnight storage of a bicycle.
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-221Use of motorcycles, ((mopeds,))motor scooters, electric-assisted bicycles, and electric scooters((, and motorized bicycles)).
(1) Motorcycles, motor scooters, ((mopeds, and motorized))and class 3 electric-assisted bicycles powered or assisted by combustible engines or engaged electric motors are considered motor vehicles and subject to all traffic rules. These vehicles shall not be permitted on paths, sidewalks, authorized bicycle or pedestrian areas, or in buildings.
(2) ((Bicycles assisted by electric motors are permitted on campus paths and sidewalks where bicycles are permitted to travel if the motor is disengaged and the bicycle is powered solely through human pedaling.))Class 1 and 2 electric-assisted bicycles are subject to all of the restrictions set forth in WAC 478-116-232 relating to the use of bicycles.
(3) Electric scooters are permitted on campus paths where bicycles are permitted to travel with the exception of sidewalks, unless there is no alternative for an electric scooter to travel over a sidewalk as part of a bicycle or pedestrian path. It shall be a violation of this section for any electric scooter rider to fail to yield to pedestrians or to ride an electric scooter on paths, sidewalks, or streets where signs indicate it is prohibited. An audible signal or warning must be given by the electric scooter rider whenever there is any appreciable risk of injury to a pedestrian not otherwise aware of the presence of the electric scooter.
(4) Class 1 and 2 electric-assisted bicycles and electric scooters operated on paths, sidewalks, and roadways shall be subject to all relevant state statutes regulating class 1 and 2 bicycle and electric scooter use. Violation of those statutes shall be considered a violation of this section.
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-242Use of skateboards.
Skateboard use in pedestrian areas including, but not limited to, walkways, ramps, concourses, and plazas (such as "Red Square"), and on internal university streets and loading areas on the campus, is restricted solely to transporting an individual from one campus destination to another. Any recreational, athletic, or other ((exhibitional))exhibitioner use of skateboards unrelated to transportation is strictly prohibited, unless expressly approved in advance by the appropriate committee on the use of university facilities, pursuant to chapter 478-136 WAC. The use of skateboards for any purpose within parking lots or parking garages is strictly prohibited.
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-301Issuance of parking and traffic citations.
(1) Upon probable cause to believe that a violation of this chapter related to motorized vehicle parking has occurred, an authorized agent of transportation services may issue a parking citation setting forth the date, approximate time, locality, nature of the violation, identifiable characteristics of the vehicle if applicable, and the amount of the fine(s).
(2) Upon probable cause to believe that a violation related to parking, traffic, or nonmotorized vehicles has occurred, UWPD may issue a citation setting forth the date, approximate time, locality, nature of violation, identifiable characteristics of the vehicle if applicable, and amount of the fine(s).
(3) The following information shall accompany and/or be printed on the citation:
(a) The violation fine and instructions for payment; and
(b) Instruction for contesting the citation, including where to obtain and submit petitions.
(4) The citation shall be served on the person responsible for the violation by:
(a) Attaching a copy of the citation to the vehicle allegedly involved in the violation; and
(b) Mailing a copy of the citation to the registered owner; or
(c) Serving a copy of the citation personally to the person responsible.
(5) Failure to pay fines or contest the citation within the time specified in these rules can result in a late payment fee as set forth in WAC 478-116-335.
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-315Parking product revocations.
Parking products issued by the university are the property of the university, and may be recalled or revoked by the university for any of the following reasons:
(1) When the purposes for which the parking product was issued changes or no longer exists;
(2) When an unauthorized individual uses the parking product;
(3) Falsification on a parking product application;
(4) Nonpayment of fees and/or fines;
(5) ((Receiving over eight citations within a calendar year;
(6))) Counterfeiting or altering of parking products; or
(((7)))(6) Failure to comply with a final adjudicated decision of transportation services.
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-321Use of recalled, revoked, lost, stolen, or forged/altered permits prohibited.
(1) Vehicles displaying parking products that have been recalled, revoked, forged, altered, or reported lost or stolen will be subject to a citation and ((immobilization or impoundment))may be immobilized or impounded on sight. Parking products that have been revoked, recalled, or reported lost or stolen must be returned to transportation services or an authorized agent of transportation services before the vehicle will be released.
(2) Purchasing a parking product from a party other than transportation services or a lawful designee((,)) shall not constitute an excuse or defense for violating this section.
(3) Parties using parking products that have been recalled, revoked, forged, altered, or reported lost or stolen shall be subject to a serious violation per WAC 478-116-325, and((,)) in addition, will be responsible for paying the cost of an equivalent permit fee from the date the permit was revoked, recalled, or reported lost or stolen to the date the permit expired or was returned to transportation services.
(4) Any unpaid fines for a violation of the rules in chapter 478-116 WAC will be deducted from any refunds resulting from the revocation of parking products.
AMENDATORY SECTION(Amending WSR 12-03-038, filed 1/9/12, effective 2/9/12)
WAC 478-116-325Motor vehicle ((fine schedule))violation types by category.
The following ((schedule of fines for))offense categories and applicable violations of the rules listed below is hereby established.
((Offense Category
Maximum Citation Fine
Fine if Citation is Paid Within 20 Calendar Days
Applicable Violations
Minor
$20.00
 
$15.00
 
Permit not registered to vehicle, see WAC 478-116-114;
 
 
 
 
 
Parking outside of area assigned by permit, see WAC 478-116-114;
 
 
 
 
 
Improper display of permit, see WAC 478-116-122.
General
$40.00
 
$35.00
 
No valid permit displayed, no valid permit for space or parking without making payment, see WAC 478-116-111, 478-116-112, and 478-116-155;
 
 
 
 
 
Occupying more than one space, see WAC 478-116-135;
 
 
 
 
 
Parking at expired meter, see WAC 478-116-155;
 
 
 
 
 
Overtime parking, see WAC 478-116-175;
 
 
 
 
 
All other violations of this chapter.
Major
$60.00
 
$50.00
 
Obstructing traffic or pedestrian movements, see WAC 478-116-135;
 
 
 
 
 
Parking in restricted, prohibited, or nonparking areas, see WAC 478-116-135, 478-116-191, 478-116-193, and 478-116-197.
Serious
$300.00
 
$250.00
 
Disability/wheelchair space violations, see WAC 478-116-195;
 
 
 
 
 
Use of revoked, stolen, forged, or altered parking products, see WAC 478-116-321.
Late Payment Fee
Maximum Citation Fine +  $25.00
N/A
Penalty for failure to pay fine, respond, or comply with final decision of the citation hearing office within time limits, see WAC 478-116-301.))
Offense Category
Applicable Violations
Minor
Permit not registered to vehicle, see WAC 478-116-114;
 
Parking outside of area assigned by permit, see WAC 478-116-114;
 
Improper display of permit, see WAC 478-116-122.
General
No valid permit displayed, no valid permit for space or parking without making payment, see WAC 478-116-111, 478-116-112, and 478-116-155;
 
Occupying more than one space, see WAC 478-116-135;
 
Parking at expired meter, see WAC 478-116-155;
 
Overtime parking, see WAC 478-116-175;
 
All other violations of this chapter.
Major
Obstructing traffic or pedestrian movements, see WAC 478-116-135;
 
Parking in restricted, prohibited, or nonparking areas, see WAC 478-116-135, 478-116-191, 478-116-193, and 478-116-197.
Serious
Disability/wheelchair space violations, see WAC 478-116-195;
 
Use of revoked, stolen, forged, or altered parking products, see WAC 478-116-321.
Late Payment Fee
Penalty for failure to pay fine, respond, or comply with final decision of the citation hearing office within time limits, see WAC 478-116-301.
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-331Nonmotorized vehicle ((fine schedule))violation types by category.
The following ((schedule of fines for))offense categories and applicable violations of the rules listed below is hereby established.
((Offense Category
Maximum Citation Fine
Applicable Violations
General
$10.00
 
Failure to yield to pedestrians, riding in restricted/prohibited areas, violation of state bicycle codes, see WAC 478-116-232.
Major
$25.00
 
Negligent riding, see WAC 478-116-232.
Impoundment Fee
$10.00
 
Bicycle impoundment, skateboard impoundment, see WAC 478-116-365 and 478-116-371.
Skateboard Violations
$10.00 - $30.00
Fines based on number of violations within a set time period, see WAC 478-116-371.
Late Payment Fee
Maximum Citation Fine + $25.00
Penalty for failure to pay fine, respond, or comply with the final decision of the citation hearing office within time limits, see WAC 478-116-301.))
Offense Category
Applicable Violations
General
Failure to yield to pedestrians, riding in restricted/prohibited areas, violation of state bicycle codes, see WAC 478-116-232.
Major
Negligent riding, see WAC 478-116-232.
Impoundment Fee
Bicycle, class 1 and 2 electric-assisted bicycles, and electric scooters impoundment, skateboard impoundment, see WAC 478-116-365 and 478-116-371.
Skateboard Violations
Fines based on number of violations within a set time period, see WAC 478-116-371.
Late Payment Fee
Penalty for failure to pay fine, respond, or comply with the final decision of the citation hearing office within time limits, see WAC 478-116-301.
AMENDATORY SECTION(Amending WSR 17-15-068, filed 7/14/17, effective 8/18/17)
WAC 478-116-335Payment of citation fines.
(1) All fines must be paid as designated on the citation within twenty calendar days from the date of the citation. ((If a parking citation is paid within twenty calendar days, the citation fine shall be discounted according to the amounts listed in WAC 478-116-325.))
(2) Fines for parking citations must be delivered in person to the transportation services' office, paid online, or mailed and postmarked on or before the due date specified in these rules to avoid additional penalties.
(3) Fines for traffic citations associated with violations of this chapter must be delivered in person to the UWPD office, or mailed and postmarked on or before the due date specified in these rules to avoid additional penalties.
(4) If any citation has neither been paid nor appealed after twenty calendar days from the date of the citation, the university shall impose an additional fine as specified in WAC 478-116-325 or 478-116-331 and may:
(a) Withhold the violator's degrees, transcripts, grades, refunds, or credits until all fines are paid;
(b) Delay registration for the following quarter;
(c) Impound or immobilize the violator's vehicle after providing notice of nonpayment to the permit holder and/or registered owner;
(d) Deny future ((parking))transportation product privileges to the violator; or
(e) Refer outstanding balances associated with unpaid fines for collection in accordance with applicable statutes and university procedure.
(5) An accumulation of traffic and parking violations by a student may be cause for discipline under the student conduct code of the university (see chapter 478-121 WAC).
(6) In addition to any other penalty which may be imposed as a result of actions described in this chapter, campus parking privileges shall be suspended until all such debts are paid.
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-351Motorized vehiclesImmobilization and impoundment.
(1) In addition to issuing citations for violations of these rules, authorized agents of transportation services and UWPD may immobilize or impound any motorized vehicle parked on campus in violation of these rules. The expenses of immobilization, impoundment, and storage shall be charged to the owner or operator of the motor vehicle, or both, and must be paid before the motor vehicle's release. Grounds for immobilizing or impounding motor vehicles shall include, but not be limited to, the following:
(a) Blocking a roadway so as to impede the flow of traffic;
(b) Blocking a walkway, trail, sidewalk, or crosswalk so as to impede the flow of pedestrian traffic or impede the ability of any person to fully access such walkway, trail, sidewalk, or crosswalk;
(c) Blocking a fire hydrant or fire lane;
(d) Creating a public safety hazard;
(e) Blocking another legally parked vehicle;
(f) Parking in a marked "tow-away" zone;
(g) Failing to pay a fine imposed under this chapter following notice of nonpayment to the registered permit holder and/or registered owner of the motor vehicle;
(h) Use of recalled, revoked, lost, stolen, or forged/altered permits prohibited as per WAC 478-116-321;
(i) UWPD has probable cause to believe the motor vehicle is stolen;
(((i)))(j) UWPD has probable cause to believe the motor vehicle contains or constitutes evidence of a crime and impoundment is necessary to obtain or preserve such evidence; or
(((j)))(k) When a driver is arrested and/or deprived of the right to leave with the driver's motor vehicle and UWPD is responsible for safekeeping of the vehicle.
(2) Not more than one business day after immobilization or impoundment of any motor vehicle, the university shall mail a notice of immobilization or impoundment to the permit holder and/or registered owner of the motor vehicle and to any other person who claims the right to possession of the motor vehicle, if those persons can be identified. Similar notice shall be given to each person who seeks to redeem an immobilized or impounded motor vehicle. If a motor vehicle is redeemed prior to the mailing of the notice, the notice may not be mailed. The notice shall contain the date of immobilization or impoundment, reason for the action, the location of the motor vehicle if impounded, and redemption procedures((, and an opportunity to contest the immobilization or impoundment as provided in WAC 478-116-415)).
(3) A sticker will be attached to a motor vehicle that is immobilized which shall include, but is not limited to, the following information:
(a) Date and time of immobilization;
(b) Reason for immobilization;
(c) Instruction for motor vehicle release; and
(d) Notification that the motor vehicle will be towed within seventy-two hours of the date/time indicated on the sticker if the motor vehicle remains immobilized.
Motor vehicles that remain immobilized seventy-two hours after the immobilization device was placed on the motor vehicle will be impounded. Impoundment of these motor vehicles will follow the procedures outlined in WAC 478-116-361.
(4) Impounding or immobilizing a motor vehicle does not remove the obligation for any fines associated with the violation or other outstanding citations. All fines, fees, and the cost of the immobilization and impoundment (e.g., booting, towing, storage fees) must be paid prior to the removal of an immobilization device or the release of an impounded motor vehicle.
(5) Impounded motor vehicles shall only be redeemed by the registered owner who has a valid driver's license or a person authorized by the registered owner who has a valid driver's license and who produces proof of authorization and signs a receipt for the motor vehicle.
(((6) Any person seeking to redeem a motor vehicle impounded or immobilized under this chapter has the right to contest the validity of the impoundment or immobilization, the amount of applicable booting, towing, and storage fees and shall have the motor vehicle released upon requesting a review provided in WAC 478-116-415, and paying any outstanding fines, towing, and storage charges.))
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-361Motorized vehiclesImpoundment of abandoned motor vehicles.
Authorized agents of transportation services discovering an apparently abandoned motor vehicle shall attach to the motor vehicle a readily visible notification sticker warning of impoundment if the motor vehicle is not removed within seventy-two hours from the time the sticker is attached. The sticker shall contain the following information:
(1) The date and time sticker was attached;
(2) A statement that if the motor vehicle is not removed within seventy-two hours from the time the sticker is attached, the motor vehicle will be impounded; and
(3) The address and telephone number where additional information may be obtained.
If((,)) the motor vehicle is not removed within seventy-two hours, the motor vehicle shall be impounded as described in WAC 478-116-351.
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-365Nonmotorized vehiclesImpoundment of bicycles, electric-assisted bicycles, and electric scooters.
(1) Bicycles, electric-assisted bicycles, and electric scooters parked in violation of WAC 478-116-199 will be subject to seizure and impoundment by the university.
(2) Except as provided by WAC 478-116-199(2), a bicycle abandoned or parked on campus, other than at residential halls, for fourteen consecutive days or longer is presumed abandoned and is subject to seizure and impoundment by the university. Bicycles remaining at resident halls once the school year ends will be presumed abandoned and are subject to seizure and impoundment by the university. A bicycle will not be considered abandoned when the owner/operator is unable to remove it and so notifies UWPD. A bicycle that has been obviously stripped or vandalized may be immediately impounded.
(3) Owners of impounded bicycles, electric-assisted bicycles, and electric scooters, if identifiable, will be notified as soon as reasonably possible after impoundment and must reclaim their bicycle within fifteen consecutive days. All fines, fees, and the impoundment fee must be paid prior to the release of the bicycle. Bicycles, electric-assisted bicycles, and electric scooters unclaimed after sixty consecutive days will be subject to sale through the university surplus property department.
(4) The university and its officers, agents, and employees shall not be liable for loss or damage of any kind resulting from impoundment, storage, or sale of any item under this section.
(5) Impoundment or sale of any bicycle, electric-assisted bicycles, and electric scooters under this section shall neither substitute for, ((or))nor release, any person from liability for damage to persons or property caused by the use of a bicycle, nor does it remove the obligation for any fines associated with the violation or other outstanding citations. Any proceeds resulting from the sale of a bicycle though the university surplus department will be credited toward the outstanding fee associated with the impoundment of that bicycle.
(((6) Any person seeking to redeem a bicycle impounded under this chapter has the right to contest the validity of the impoundment and the amount of applicable fees and shall have the bicycle released upon establishing ownership, requesting a review provided in WAC 478-116-415, and paying any outstanding fines or storage charges.))
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-371Nonmotorized vehiclesSkateboard violations.
(1) Skateboard use in violation of WAC 478-116-242 shall result in the following:
(a) For the first offense, UWPD will record the name of the individual and provide a written warning against further skateboard use in violation of WAC 478-116-242. Individuals who cannot produce satisfactory identification will be given a receipt for their skateboard, which will be impounded at the UWPD station until they are able to return with the receipt and identification. There will be no impoundment fee.
(b) For a second offense, within twenty-four months of any previous offense or warning, the skateboard will be impounded for not less than forty-eight hours and the offender shall be subject to a fine of ten dollars plus applicable impoundment fee.
(c) For a third or subsequent offense, within twenty-four months of any previous two offenses, warnings, or combination thereof, the skateboard will be impounded for not less than thirty calendar days and the offender shall be subject to a fine of thirty dollars plus the applicable impoundment fee.
(d) Impounded skateboards will be held by UWPD and released only during regular business hours to individuals with satisfactory identification. Payment of a ten-dollar storage fee will also be required for release, except as provided in (a) of this subsection.
(2) Skateboards impounded under this section which are unclaimed sixty consecutive days after the applicable minimum impoundment time period has elapsed will be presumed abandoned and be subject to sale at a public auction conducted by the university surplus property department.
(3) The university and its officers, agents, and employees shall not be liable for loss or damage of any kind resulting from impounding, storage, or sale of any item under this section.
(4) Impoundment or sale of any skateboard under this section shall neither substitute for, nor release any person from liability for damage to persons or property caused by use of a skateboard at the university, nor does it remove the obligation for any fines associated with the violation or other outstanding citations. Any proceeds resulting from the sale of a skateboard though the university surplus department will be credited toward the outstanding fee associated with the impoundment of that skateboard.
(((5) Any person seeking to redeem a skateboard impounded under this chapter has the right to contest the validity of the impoundment, the amount of applicable fees, and shall have the skateboard released upon requesting a review provided in WAC 478-116-415, and paying any outstanding fines or impoundment fees.))
PART V
CITATION((, IMMOBILIZATION, AND IMPOUNDMENT)) APPEALS
AMENDATORY SECTION(Amending WSR 11-13-058, filed 6/14/11, effective 8/8/11)
WAC 478-116-405Election to pay fine or contest citations.
(1) Election to pay fine. A person who receives a citation((,)) shall, within twenty calendar days from the date of the citation, either pay the applicable fine or contest the issuance of the citation in the manner prescribed in subsection (2) of this section. ((If paid within twenty calendar days of citation issuance, motorized parking citation fines shall be discounted per WAC 478-116-325.)) Once the applicable fine is paid, the citation can no longer be appealed. Failure to either pay the fine or timely appeal the citation shall automatically result in the citation being final, ((the full amount of the fine shall stand,)) and an additional late payment fee per offense shall be imposed for each citation which is not responded to within the time limits set forth in this section.
(2) Election to contest a citation. A person wishing to contest a citation (hereinafter "petitioner") may do so by completing and submitting a citation petition (hereinafter "petition") ((to the citation hearing office)) within twenty calendar days of the date of the citation. Petitions for motorized and nonmotorized parking citations must be ((delivered to transportation services))submitted through the citation appeal process as described on the citation notification(s) within the allotted time limit. Petitions for traffic and all other nonmotorized citations must be delivered to UWPD within the allotted time limit.
((Petition forms are))Petitioners may submit their petition through the citation appeals portal available ((at))on the transportation services and UWPD ((or on the transportation services and UWPD)) web sites. The petitioner must complete each section of the petition form and provide a brief statement regarding circumstances associated with the citation. A citation hearing officer shall review the petition and provide written notification of his or her initial decision with information about the opportunity for further review ((within ten calendar days of taking action on the initial decision)). The amount of any reduction to the fine assessed in the initial decision is at the discretion of the citation hearing officer. Any fines owed on an initial decision not contested as provided in subsection (3) of this section shall be paid within twenty-one calendar days after service of the initial decision. If payment is not received within twenty-one calendar days, any offer of settlement or reduction is withdrawn, the full amount of the fine shall stand, an additional late fee shall be imposed, and the citation shall be deemed final.
(3) Review of initial decision. If a petitioner chooses to contest the initial decision issued by the citation hearing officer, the petitioner shall forfeit any reduction in the assessed fines offered in the initial decision. The petitioner must contact the department processing the petition (transportation services or UWPD) orally or in writing within twenty-one calendar days after service of the decision. The request for review shall contain an explanation of the petitioner's position and a statement of reasons why the initial decision on the petition was incorrect. The reviewing officer shall, within twenty calendar days of the date of the request to review the initial decision, render a final written decision which shall include a brief statement of the reasons for the decision, offer of settlement if applicable, and provide information about the opportunity to appeal the decision to district court. The amount of fine or settlement assessed in the final decision is at the discretion of the citation hearing officer. Any final decision of the reviewing officer not appealed as provided in subsection (4) or (5) of this section shall be paid within ten calendar days after service of the decision. If payment is not received within ten calendar days, any offer of settlement or reduction is withdrawn, the full amount of the fine shall stand, an additional late fee shall be imposed, and the citation shall be deemed final.
(4) Discretionary review of initial decision. If the petitioner has not requested a review of the initial decision, the citation hearing officer may, within twenty calendar days after service of the initial decision, conduct a review and issue a final decision on its own motion and without notice to the parties, but it may not take any action on review less favorable to the petitioner than the initial decision without giving the petitioner notice and opportunity to explain his or her view of the matter.
(5) Appeal to district court. The application for appeal to district court shall be in writing and must be filed with the department processing the petition (transportation services or UWPD) within ten calendar days of service of the final decision. The written notice must be submitted on the "Notice of Appeal" form provided by transportation services or UWPD. The Notice of Appeal form will be available at transportation services or UWPD during regular hours of operation. The department processing the citation will forward the documents relating to the appeal to district court. No appeal to the district court may be taken unless the citation has been contested as provided in subsections (2) and (3) of this section, in addition to this subsection. If a petitioner chooses to contest the decision issued by the citation hearing officer via appeal to the district court, the petitioner shall forfeit any reduction in the assessed fines offered in the hearing officer's decision.
(((6) Providing an oral statement. A petitioner who requests a review of the initial decision under subsection (3) of this section may request the opportunity to provide an oral statement before the citation hearing officer. A request to make an oral statement must be included in the request for review of the initial decision and must be submitted within ten calendar days of the initial decision. If the request for an oral statement is made, the citation hearing officer shall provide reasonable notice of the time and place for receiving the oral statement, which must occur no later than twenty calendar days after the request for review was submitted. If an oral statement cannot be scheduled within this time frame, the citation hearing officer will review the request as outlined in subsection (3) of this section.))
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 478-116-415
Election to contest immobilization or impoundment.