WSR 23-21-073

PROPOSED RULES

CENTRALIA COLLEGE

[Filed October 13, 2023, 12:56 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 23-17-157.

Title of Rule and Other Identifying Information: Chapter 132L-117 WAC, Parking and traffic regulations.

Hearing Location(s): On November 21, 2023, at 4:00 - 6:00 p.m., at Centralia College campus, Hanson Building Boardrooms. This public hearing is in person only.

Date of Intended Adoption: November 21, 2023.

Submit Written Comments to: Janet Reaume, 600 Centralia College Boulevard, Centralia, 98531, email janet.reaume@centralia.edu, by November 20, 2023.

Assistance for Persons with Disabilities: Contact Michael Hoel, phone 360-623-8437, email Michael.hoel@centralia.edu, by November 20, 2023.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The existing parking and traffic regulations were outdated. Necessary changes were needed to reflect actual processes and procedures.

Statutory Authority for Adoption: Chapter 34.05 RCW; and RCW 28B.50.140(13).

Statute Being Implemented: Edited chapter 132L-117 WAC, Parking and traffic regulations.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Public.

Name of Agency Personnel Responsible for Drafting: Janet Reaume, Hanson Administrative Building, Centralia College, 360-623-8589; Implementation: Robert Cox, TAC Building, Centralia College, 360-623-8385; and Enforcement: Jared Cunningham, TSB Building, Centralia College, 360-623-8454.

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.

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.

October 13, 2023

Janet Reaume

Executive Assistant to the President

OTS-4881.2

AMENDATORY SECTION(Amending WSR 04-19-062, filed 9/15/04, effective 10/16/04)

WAC 132L-117-010Purpose ((for adopting parking and traffic regulations)).

Pursuant to the authority granted by RCW 28B.50.140(10), the board of trustees of Centralia College is granted authority to adopt rules and regulations for pedestrian and vehicular traffic upon public lands devoted to, operated by, or maintained by the college. The board delegates this authority to the president. ((The objectives of these regulations are:

(1) To protect and control pedestrian and vehicular traffic.

(2) To assure access at all times for emergency traffic.

(3) To minimize traffic disturbances during class hours.

(4) To facilitate the work of the college by assuring access to its vehicles and by assigning limited parking space for the most efficient use by all.

(5) To regulate the use of parking spaces.

(6) To protect state-owned property.))

AMENDATORY SECTION(Amending WSR 04-19-062, filed 9/15/04, effective 10/16/04)

WAC 132L-117-020Applicable ((parking and traffic)) regulations.

(1) All regulations in this chapter and all motor vehicle and other traffic laws of the state of Washington shall apply on the campus.

(2) The traffic code of the city of Centralia shall apply upon all lands located within the city of Centralia.

(3) The traffic code of the municipality within which any Centralia College controlled property resides shall apply.

AMENDATORY SECTION(Amending WSR 04-19-062, filed 9/15/04, effective 10/16/04)

WAC 132L-117-030Definitions.

As used in this chapter, the following words and phrases shall mean:

(1) "Board": The board of trustees of Centralia College.

(2) "Campus": All lands and buildings devoted to, operated by, or maintained by Centralia College.

(3) "College": Centralia College.

(4) "Employee": An individual appointed to the faculty, staff, or administration of the college.

(5) "Guests/visitors": Person or persons who come upon the campus as guests and person or persons who lawfully visit the campus.

(6) (("Continuing permits": Permits issued to full-time employees for an indefinite period of time.

(7) "Annual permits": Permits that are valid from the date of issue until the first day of the following fall quarter.

(8) "Temporary permits": Permits that are valid for a specific period designated on the permit.

(9)))"Permits": Permits issued to employees, guests, or students under current parking procedures.

(7) "Vehicle": Automobile, truck, motor-driven cycle, scooter, one wheel, bicycle, recreational, or ((and))any vehicle otherwise powered.

(((10) "Full-time student": Any person who is enrolled on campus for ten credit hours or more at the college.

(11) "Part-time student": Any person who is enrolled on campus for nine credit hours or fewer at the college.

(12) "Full-time employee": An employee of the college employed twenty hours or more per week on a permanent regular basis.

(13) "Part-time employee": An employee of the college employed less than twenty hours per week.))(8) "Student": Anyone currently enrolled in credited or noncredited courses.

AMENDATORY SECTION(Amending WSR 04-19-062, filed 9/15/04, effective 10/16/04)

WAC 132L-117-040Authorization for issuance of permits.

(((1))) The chief administrative officer, or designee, is authorized to issue parking permits to students, employees, and guests ((upon the following:

(1a) When the vehicle is properly registered with the college.

(1b) When a permanent or special parking permit is necessary to enhance the business or operation of the college.

(2) Additional permits are available at the current fee schedule to individuals who may be registered to drive any one of several vehicles. Only one vehicle registered to an individual under one permit fee shall be permitted to park on campus at any one time))when required by college procedures.

AMENDATORY SECTION(Amending WSR 90-17-060, filed 8/14/90, effective 9/14/90)

WAC 132L-117-050((Vehicle parking permits.))Violation of parking and traffic regulations.

(((1) All part-time and full-time employees and students of the college shall obtain and display a currently valid parking permit on all vehicles parked or left standing unattended upon the college campus for both day and night classes, in accordance with WAC 132L-117-040.

(2) All persons parking on the campus shall secure and display a currently valid parking permit within five days from date of registration or from the first day of employment.))(1) Operators of illegally operated or parked vehicles shall be warned or cited through an appropriate means that they are in violation of these regulations. All fines are payable through the cashier's office.

(2) In instances where violations are repeated, and in the judgment of the safety and security supervisor, with appropriate documented evidence, parking privileges may be revoked and said vehicles may be impounded. Individuals may be subject to additional discipline through the applicable process.

AMENDATORY SECTION(Amending WSR 04-19-062, filed 9/15/04, effective 10/16/04)

WAC 132L-117-060((Visitor permits.))Issuance of traffic tickets or summons.

((All guests/visitors (including salespersons, maintenance or service personnel) will park in appropriate parking areas after obtaining a temporary permit.))(1) The chief administrative officer or designee may issue a warning or citation for a violation of these regulations. The warning or citation should set forth the date, the approximate time, license information and nature of violation.

(2) Such warning or citation may be served by attaching or affixing a copy thereof in some prominent place outside such vehicle or by personally serving the operator.

AMENDATORY SECTION(Amending WSR 90-17-060, filed 8/14/90, effective 9/14/90)

WAC 132L-117-070((Responsibility of person to whom permit is issued.))Fines and penalties.

((The person to whom a parking permit is issued shall be responsible for all violations of said rules and regulations involving the vehicle; however, such responsibility shall not relieve said driver of the responsibility for violations of the regulations established by this chapter. In the event that a vehicle in violation is not registered with the college, the current registered owner will be responsible for the violations of the campus regulations.))The chief administrative officer, or designee, is authorized to impose the following fines and penalties for violation of the regulations contained in this chapter:

(1) The president or designee shall set a schedule of fines. The schedule will be published by the college. In addition, the schedule is available upon request.

(2) Fines will be assessed in accordance with the fees and fines schedules as established by the currently published procedures for the following violations:

(a) No valid permit displayed;

(b) Visitor parking violations;

(d) Occupying space/area not designated for parking;

(e) Handicapped parking violation;

(f) Parking in area not authorized by permit;

(g) Parking in reserved staff space without permit;

(h) Blocking or obstructing traffic (may be towed at owner's expense);

(i) Parking adjacent to fire hydrant (may be towed at owner's expense);

(j) Parking in fire lane (may be towed at owner's expense);

(k) Parking in zone or area marked no parking;

(l) Other violations of college parking traffic regulations.

(3) At the discretion of the chief administrative officer, or designee, an accumulation of citations by a staff, administrator, or faculty member may be turned over to a private collection agency for the collection of past due fines. Other appropriate collection procedures may be initiated as deemed necessary.

(4) Vehicles parking in a manner so as to obstruct traffic, including access to and from parking spaces and areas, may be subject to a fine and may be impounded and taken to such place for storage as the chief administrative officer, or designee, selects. The expenses of such impounding and storage shall be the responsibility of the registered owner or driver of the vehicle.

(5) Vehicles impounded by means of an immobilizing device shall be charged a service fee according to the current fee schedule.

(6) The college shall not be liable for loss, damage, or costs of any kind resulting from impounding and storage of vehicles.

(7) Vehicles involved in violations of these regulations may be impounded as provided for in these regulations.

(8) Persons may appeal the issuance of a citation according to WAC 132L-117-180.

(9) In the event a person fails or refuses to pay an uncontested fine, additional penalties may apply as defined in college procedures.

AMENDATORY SECTION(Amending WSR 04-19-062, filed 9/15/04, effective 10/16/04)

WAC 132L-117-080((Display of permits.))Appeal proceedings—Appeal of fines and penalties.

((The parking permit issued by the college shall be visibly affixed on the outside of the rear window or the rear bumper on the driver's side of the vehicle. Motorcycle permits must be affixed in a conspicuous place.

(1) Appeals must be presented in writing, giving full particulars, listing witnesses, evidence, etc.

(2) Appeals must be submitted to the chief administrative officer within five business days from date of citation.

(3) If an appeal is not resolved to the satisfaction of the alleged violator, he/she shall have five additional business days from receipt of decision by the chief administrative officer to appeal to the parking advisory committee.

AMENDATORY SECTION(Amending WSR 04-19-062, filed 9/15/04, effective 10/16/04)

WAC 132L-117-090((Transfer of permits.))Parking appeals committee.

((Parking permits are not transferable. If a vehicle is sold or traded, the parking permit must be removed, the new vehicle must be registered, and a new permit will be reissued.))The parking appeals committee shall be convened as necessary by the president and be structured and responsible for the following purposes:

(1) To receive and hear appeals related to parking and traffic violations. All decisions made by the parking appeals committee relative to parking/traffic appeals shall be final.

(2) Membership shall consist of at least: Two student representatives, one faculty representative, one classified representative, and one administrator. The chair will be appointed by the president.

AMENDATORY SECTION(Amending WSR 90-17-060, filed 8/14/90, effective 9/14/90)

WAC 132L-117-100((Permit revocation.))Liability of college.

((Permits are licenses and the property of the college, and may be revoked for any of the following reasons:

(1) When the purpose for which the permit was issued changes or no longer exists.

(2) When a permit is used on an unregistered vehicle or by an unauthorized person.

(3) Falsification on a vehicle registration application.

(4) Continued violations of parking and traffic regulations.

(5) Counterfeiting or altering of permits.))The college assumes no liability under any circumstances for theft or damage occurring to vehicles, bicycles or their contents. No bailment of any sort is created by the purchase of a parking permit.

AMENDATORY SECTION(Amending WSR 04-19-062, filed 9/15/04, effective 10/16/04)

WAC 132L-117-110((Right to refuse permit.))Designation of parking.

((The chief administrative officer, or designee, reserves the right to refuse the issuance of a parking permit to anyone who has had a previous permit revoked, or whose driving or parking record indicates a disregard for the rights or safety of others.))The parking spaces available on campus may be allocated and designated by the chief administrative officer in such a manner as will best achieve the objectives of these rules and regulations.

AMENDATORY SECTION(Amending WSR 90-17-060, filed 8/14/90, effective 9/14/90)

WAC 132L-117-120((Right to appeal permit revocation/refusal.))Parking within designated spaces.

((When a parking permit has been revoked pursuant to WAC 132L-117-100 or has been refused in accordance with WAC 132L-117-110 or when a fine or penalty has been levied against a violator of the rules and regulations set forth in this chapter, such action by the dean of administration, or designee, may be appealed in accordance with WAC 132L-117-180.))(1) No vehicle shall be parked on the campus except in those areas set aside and designated for parking.

(2) No vehicle shall be parked so as to occupy any portion of more than one parking space or stall.

(3) Special limitations may be enforced for large vehicles such as recreational vehicles, trailers, and other nonstandard vehicles.

(4) Overnight parking prohibited without special permission from campus security.

AMENDATORY SECTION(Amending WSR 04-19-062, filed 9/15/04, effective 10/16/04)

WAC 132L-117-130((Delegation of authority.))Regulatory signs, markings, barricades, etc.

((The authority and powers conferred upon the chief administrative officer by these regulations shall be subject to delegation to that individual's subordinates.))The chief administrative officer, or designee, is authorized to make and erect signs, barricades, and other structures and to paint marks and other directions upon the streets, entry/exits, and roadways for the regulation of traffic and parking upon the various public lands devoted to, operated by, or maintained by the college. Drivers shall observe and obey all the signs, barricades, structures, markings, and directions given them by the campus authorities in the control and regulation of traffic and parking.

AMENDATORY SECTION(Amending WSR 04-19-062, filed 9/15/04, effective 10/16/04)

WAC 132L-117-140((Enforcement.))Report of accidents.

(((1) Parking and traffic regulations will be enforced at all times.

(2) The chief administrative officer, or designee shall be responsible for the enforcement of the regulations contained in this chapter.))Any vehicle accident on campus must be reported immediately to campus security or the chief administrative officer or designee.

AMENDATORY SECTION(Amending WSR 90-17-060, filed 8/14/90, effective 9/14/90)

WAC 132L-117-150((Violation of parking and traffic regulations.))Disabled and inoperative vehicles—Impounding.

(((1) Operators of illegally operated or parked vehicles shall be warned or cited through an appropriate means that they are in violation of these regulations. All fines are payable at the cashier's office.

(2) In instances where violations are repeated, and in the judgment of the safety and security supervisor, with appropriate documented evidence, said vehicles may be impounded.))(1) Disabled or inoperative vehicles shall not be parked on the campus for a period exceeding 72 hours, without authorization from the chief administrative officer, or designee.

(2) Vehicles parked over 72 hours without authorization may be impounded and stored at the expense of either or both the owner and operator thereof.

(3) Notice of intent to impound will be posted on the vehicle 24 hours prior to impound.

AMENDATORY SECTION(Amending WSR 04-19-062, filed 9/15/04, effective 10/16/04)

WAC 132L-117-160((Issuance of traffic tickets or summons.))Authority to establish parking fee.

(((1) The chief administrative officer or designee may issue a warning or citation for a violation of these regulations. The warning or citation should set forth the date, the approximate time, permit number, license information and nature of violation.

(2) Such warning or citation may be served by attaching or affixing a copy thereof in some prominent place outside such vehicle or by personally serving the operator.))The president or designee shall set and review as necessary parking permit fees in accordance with WAC 132L-117-300 and a schedule of fines and penalties in accordance with WAC 132L-117-170.

AMENDATORY SECTION(Amending WSR 23-12-113, filed 6/7/23, effective 7/8/23)

WAC 132L-117-170((Fines and penalties.))Parking permit fees.

((The chief administrative officer, or designee, is authorized to impose the following fines and penalties for violation of the regulations contained in this chapter:

(1) The president shall set a schedule of fines. The schedule shall be published by the college in the College Policy Manual, on the parking permit request form, and on the traffic parking citation form. In addition, the schedule is available upon request.

(2) Fines will be assessed in accordance with the fees and fines schedules as established by the president for the following violations:

(a) No valid permit displayed

(b) Visitor parking violations

(d) Occupying space/area not designated for parking

(e) Handicapped parking violation

(f) Parking in area not authorized by permit

(g) Parking in reserved staff space without authorization

(h) Blocking or obstructing traffic (may be towed at owner's expense)

(i) Parking adjacent to fire hydrant (may be towed at owner's expense)

(j) Parking in fire lane (may be towed at owner's expense)

(k) Parking in zone or area marked no parking

(l) Other violations of college parking traffic regulations.

(5) Vehicles impounded by means of an immobilizing device shall be charged a service fee according to the current fee schedule.

(6) The college shall not be liable for loss or damage of any kind resulting from impounding and storage of vehicles.

(7) Vehicles involved in violations of these regulations may be impounded as provided for in these regulations.

(8) Persons may appeal the issuance of a citation according to WAC 132L-117-180.

(9) In the event a person fails or refuses to pay an uncontested fine which has been outstanding in excess of five days, the chief administrative officer, or designee, may initiate the following actions:

(a) Students will not be able to register for subsequent quarters until all fines are paid.

(b) Students may be turned over to a private collection agency for the collection of past due fines.))Fees shall be levied in accordance with the current published fee schedule.

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 132L-117-180	Appeal proceedings—Appeal of fines and penalties.
WAC 132L-117-190	Parking appeals committee.
WAC 132L-117-200	Liability of college.
WAC 132L-117-210	Designation of parking.
WAC 132L-117-220	Parking within designated spaces.
WAC 132L-117-230	Regulatory signs, markings, barricades, etc.
WAC 132L-117-240	Speed limit.
WAC 132L-117-250	Pedestrians right of way.
WAC 132L-117-260	Two-wheeled motorcycles or bicycles.
WAC 132L-117-270	Report of accidents.
WAC 132L-117-280	Disabled and inoperative vehicles—Impounding.
WAC 132L-117-290	Authority to establish parking fee.
WAC 132L-117-300	Parking permit fees.