Original Notice.

Preproposal statement of inquiry was filed as WSR 01-11-115.

Title of Rule: Chapter 516-12 WAC, Parking and traffic regulations; chapter 516-13 WAC, Bicycle traffic and parking regulations; and chapter 516-14 WAC, Appeals from parking violations.

Purpose: Amend the WAC rules pertaining to transportation issues at Western Washington University.

Statutory Authority for Adoption: RCW 28B.35.120(12).

Summary: General housekeeping of court rules, such as spelling, punctuation, and update of administrative titles; includes on-line information to update access to department; and removal of the list of parking fines which need not be included in WAC.

Reasons Supporting Proposal: To codify and communicate the changes in parking and traffic regulations and procedures at Western Washington University.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: James Shaw, Director of Public Safety, Western Washington University, (360) 650-3555.

Name of Proponent: Western Washington University, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: See Summary above.

Proposal Changes the Following Existing Rules: [No information supplied by agency.]

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption. Rules relate to internal governmental operations.

Hearing Location: Western Washington University, Board Room, Old Main 340, 516 High Street, Bellingham, WA, on January 24, 2002, at 2:00 p.m.

Assistance for Persons with Disabilities: Contact Western Washington University, Office of Student Life, TDD (360) 650-3725.

Submit Written Comments to: Suzanne Baker, Rules Coordinator, Western Washington University, 516 High Street, Bellingham, WA 98225-9015, fax (360) 650-6197.

Date of Intended Adoption: February 8, 2002.

November 26, 2001

Suzanne M. Baker

Rules Coordinator

OTS-5307.1

AMENDATORY SECTION(Amending WSR 97-17-052, filed 8/15/97, effective 9/15/97)

WAC 516-12-400   Definitions.   As used in this chapter, and chapters 516-13 and 516-14 WAC, the following words and phrases mean:

(1) "Area designator": A tag affixed to a permit indicating a parking lot assignment for a vehicle.

(2) "Automobile": Any motorized vehicle having four or more wheels.

(3) "Board": The board of trustees of Western Washington University.

(4) "Campus": All state lands devoted to the educational or research activities of the university.

(5) "Disabled space": A parking space identified with a sign bearing the international disabled symbol that is restricted at all hours to use by vehicles displaying a valid WWU disabled parking permit.

(6) "Dismount zone": Any area designated by signs or symbols as a place where bicycles shall not be ridden but may be walked.

(7) "Employee": Any individual appointed to the faculty, staff, or administration of the university.

(8) "Habitual offender": The driver of a vehicle license number or permit number accruing ten or more paid or unpaid parking citations.

(9) "Holiday" or "university holiday": A day when all university offices and/or facilities are closed (e.g., Thanksgiving Day, Christmas Day, New Year's Day). Intercession or quarter breaks are not considered holidays. See definition of intercession.

(10) "Intercession": A period of time in which classes or final exams are not in session. Except for holidays that may fall within this time period, the business offices of the university are open during this time.

(11) "Impoundment": A state in which a vehicle has been seized and kept in legal custody by either being immobilized with a wheel lock device or towed from campus.

(12) "Meter feeding": Purchase of additional time beyond the time limit posted on the parking meters. This practice is prohibited since use of meters is intended to serve short-term parking needs.

(13) "Motorcycle": Any two or three wheeled motorized vehicle.

(14) "Motor vehicle" or "vehicle": Any automobile or motorcycle.

(15) "Parking appeals board": The board which hears parking citation appeals.

(16) (("Parking manager")) "Public safety director": The person appointed ((parking manager)) public safety director of the university by the president or designee.

(17) "Parking space": A parking area designated by a sign, wheelstop, white-painted lines, and/or white traffic buttons.

(18) "Permit": Any special or temporary parking permit authorized by the ((parking manager)) public safety director.

(19) "President": The president of Western Washington University.

(20) "Prohibited area": An area in which vehicular traffic and/or parking is prohibited according to the times posted.

(21) "Public safety department": The university public safety department.

(22) "Student": Any person enrolled in the university as a student.

(23) "Parking and transportation services": The parking and transportation services of the university.

(24) "Time-limited parking space": A space in which parking is allowed for a specific time period.

(25) "University": Western Washington University.

(26) "Valid permit": An unexpired parking permit authorized by the ((parking manager)) public safety director, properly registered and displayed on the vehicle.

(27) "Visitors": Persons who are neither employees or students and who visit the campus only on occasional basis.

(28) "Wheelstop": A cement or metal barrier approximately eight inches high and six feet long used to define a parking space.

[Statutory Authority: RCW 28B.35.120. 97-17-052, 516-12-400, filed 8/15/97, effective 9/15/97; 96-14-006, 516-12-400, filed 6/20/96, effective 7/21/96. Statutory Authority: RCW 28B.35.120(12). 95-09-047, 516-12-400, filed 4/17/95, effective 5/18/95. Statutory Authority: RCW 28B.35.120(11). 92-06-068 (Order 92-01), 516-12-400, filed 3/3/92, effective 3/31/92; 87-18-001 (Resolution No. 6-04-87), 516-12-400, filed 8/20/87. Statutory Authority: RCW 28B.10.560. 85-14-098 (Resolution No. 85-05), 516-12-400, filed 7/2/85. Statutory Authority: RCW 28B.35.120(11). 83-14-014 (Order 6-02-83, Motion No. 6-02-83), 516-12-400, filed 6/28/83, effective 9/19/83.]

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

(2) The traffic code of the city of Bellingham will apply on city streets which cross the campus.

(3) The ((parking manager)) public safety director is authorized to:

(a) Issue and/or sell parking permits to employees, students, guests, visitors, and others when necessary, and to provide special parking for the physically disabled.

(b) Impose and/or suspend traffic and parking regulations and restrictions when appropriate to the mission of the university.

(c) Erect signs, barricades, and other structures to designate and mark the various parking or no parking areas on campus; and to paint marks and other directions on the streets and roadways for the regulation of traffic and parking.

(d) Establish procedures, including time schedules and deadlines, to govern the purchase of annual, academic year, and quarterly permits, and to assign the limited parking spaces.

(4) The authority conferred upon the ((parking manager)) public safety director under this chapter may be delegated by the ((parking manager)) public safety director to other personnel within parking and transportation services under guidelines established by business and financial affairs.

(5) The university reserves the right to change or close, either temporarily or permanently, any campus parking area. Notice of change will be provided whenever practical.

[Statutory Authority: RCW 28B.35.120. 97-17-052, 516-12-420, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 28B.10.560. 85-14-098 (Resolution No. 85-05), 516-12-420, filed 7/2/85. Statutory Authority: RCW 28B.35.120(11). 83-14-014 (Order 6-02-83, Motion No. 6-02-83), 516-12-420, filed 6/28/83, effective 9/19/83.]

(2) All vehicles, attended or unattended, must display a valid Western Washington University parking permit when parked on the campus unless parked in a metered parking space (with meter payment)((,)) or a time-limited space((, or a visitor's space (with a visitor's permit))).

(3) Policy on assignments to parking lots will be established by the ((parking manager)) public safety director.

(4) If a parking permit holder cannot locate a parking space in the assigned lot, he/she may park in the next nearest ((visitor area)) parking lot and then must call the parking and transportation services office. Motorcycle permit holders will go to the next nearest motorcycle lot.

(5) The university reserves the right to refuse parking privileges to anyone who has

(a) Had a permit revoked.

(b) Falsified a parking application or registration.

(c) Counterfeited or altered an area designator or permit.

(d) Failed to pay outstanding citations.

(e) Been identified as a habitual offender.

(f) Been found to be in possession of or using a lost or stolen permit.

(g) Removed a wheel lock without authorization of parking and transportation services.

(6) The speed limit on campus is 10 mph or as posted. Vehicles must be operated in a careful and prudent manner at all times and must be operated in compliance with established speed limits. Drivers of vehicles must obey all regulatory signs and comply with directions given by members of parking and transportation services and officers of the public safety department in the control and regulation of parking and traffic.

(7) The operator of a vehicle must yield the right-of-way to pedestrians crossing streets and roadways within the campus, and at intersections or clearly marked crosswalks or city streets which cross the campus. Pedestrians must not cross any street or roadway except at an intersection or clearly marked crosswalk. Pedestrians must utilize sidewalks where provided on streets and roadways. If no sidewalk is provided, pedestrians will utilize the extreme left-hand side and move to their left and clear of the roadway or street upon meeting an oncoming vehicle.

(8) Vehicles owned by or assigned on a permanent basis to administrative units on campus and bearing "E," "B" or "M" license plates or a university insignia may be parked in "G" or "C" lots for brief periods while the driver is on university business. Long-term parking is not permitted, nor is any parking allowed in reserved spaces except when a space is designated for that specific vehicle. University vehicles may be parked in metered spaces provided that meter regulations are observed. Violations incurred will be the responsibility of the driver. All operators of these or other state vehicles will abide by all traffic and parking regulations.

(9) No person may utilize any vehicle parked on campus as a living unit without specific approval from the ((parking manager)) public safety director. Violators will be cited and/or towed.

(10) Vehicles are to be maintained in operating condition at all times on university property. Repairs will not be made on campus unless authorization has been received in advance from the ((parking manager)) public safety director. A vehicle which appears to be abandoned, with or without current Western Washington University registration or license plates, may be impounded after an attempt is made to locate and notify the owner of the impending action.

(11) The university rents space to individuals who wish to park on campus and who are issued a parking permit. The university assumes no responsibility or liability under any circumstances for vehicles or bicycles parked on campus nor does it assume any personal liability in connection with its parking program. No bailment of any sort is created by the issuance of a permit.

(12) The person who obtains a permit is responsible for assuring that the vehicle, regardless of who drives it, is parked in conformance with these regulations.

[Statutory Authority: RCW 28B.35.120. 97-17-052, 516-12-430, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 28B.35.120(11). 92-06-068 (Order 92-01), 516-12-430, filed 3/3/92, effective 3/31/92. Statutory Authority: RCW 28B.35.120(12). 90-17-032, 516-12-430, filed 8/9/90, effective 9/9/90. Statutory Authority: RCW 28B.10.560. 85-14-098 (Resolution No. 85-05), 516-12-430, filed 7/2/85. Statutory Authority: RCW 28B.35.120(11). 83-14-014 (Order 6-02-83, Motion No. 6-02-83), 516-12-430, filed 6/28/83, effective 9/19/83.]

(2) Vehicles will not be parked in any parking area without a parking permit for that area except as provided in WAC 516-12-430(2). Each parking area is posted to indicate the type of permit required and the times they are required.

(3) Parking in a time-limited space is limited to the time posted or assigned.

(4) Visitors will park only where assigned by permit or in metered visitor areas with meter payment.

(5) Vehicles displaying valid permits for other parking areas on campus may not park in metered visitor lots except as provided in WAC 516-12-430(4).

(6) Meters are available to serve short-term parking needs. They are in effect at the times posted at the location. During these times the meter must be paid the correct amount posted. "Feeding" meters is prohibited. That is, additional time cannot be purchased beyond the time limit posted on the meter (e.g., a two-hour meter will allow a maximum of two hours of purchased time, and the driver may not pay the meter again to park longer than the maximum time provided).

(7) Motorcycles and moped-type vehicles will be parked in designated "M" (motorcycle) lots only and will not use space assigned to automobiles or bicycles, unless parked at a meter with payment.

(8) Automobiles will not be parked in areas assigned to motorcycles.

(9) Bicycles must be parked in bicycle racks where provided. (Chapter 516-13 WAC.)

(10) Personal notes or business cards left on vehicles describing reasons for parking without a proper and valid permit or for parking in an unauthorized manner will not be accepted.

(11) Spaces designated for specific use are restricted for that designated purpose or to assigned vehicles all hours.

(12) Resident student "R" lots are restricted to permit holders 24 hours per day.

(13) All parking spaces are defined by signs, painted surface lines, traffic "buttons," and/or wheelstops. All other areas are no parking zones. Using more than one space when parking is prohibited.

(14) The fact that other vehicles are parked improperly does not constitute a valid excuse. Should an individual parked in violation of any regulation not receive a citation, it does not indicate that such parking is authorized, that the regulation is no longer in effect, or that a future ticket is invalid.

(15) The fact that one vehicle is parked in such a manner as to occupy more than one parking space is not an acceptable excuse for another operator to do the same.

[Statutory Authority: RCW 28B.35.120. 96-14-006, 516-12-440, filed 6/20/96, effective 7/21/96. Statutory Authority: RCW 28B.35.120(12). 90-17-032, 516-12-440, filed 8/9/90, effective 9/9/90. Statutory Authority: RCW 28B.10.560. 85-14-098 (Resolution No. 85-05), 516-12-440, filed 7/2/85. Statutory Authority: RCW 28B.35.120(11). 83-14-014 (Order 6-02-83, Motion No. 6-02-83), 516-12-440, filed 6/28/83, effective 9/19/83.]

(2) A valid permit means an unexpired parking permit authorized by the ((parking manager)) public safety director, properly registered and displayed on the vehicle.

(3) Hanging parking permits are to be displayed from the rear-view mirror according to instructions on the permit. Other types of permits are to be displayed according to instructions provided by parking and transportation services personnel. A parking permit is not considered valid unless it is correctly displayed on the vehicle.

(4) Motorcycle permits will be permanently attached to the top of the taillight. If taillight does not conform to current federal law, permits must be attached so as to be easily seen from the rear of the vehicle.

(5) The theft or loss of a parking permit should be reported immediately upon discovery.

A stolen permit will be replaced the first time at no cost providing a theft report has been filed with the public safety department. The second time the replacement fee will be $10.00; the third time $20.00; and thereafter at the original cost of the highest priced permit plus $5.00.

A lost permit will be replaced the first time for $5.00; the second time $10.00; the third time $20.00; and thereafter at the original cost of the highest priced permit plus $5.00.

Recovered lost or stolen permits should be returned to the parking services office immediately.

(6) To enhance the business and operation of the university "all lots" decals or ((official)) university business permits may be issued by the ((parking manager)) public safety director. Requests for all lots decals and university business permits require an annual ((written justification)) completed supplemental application and the signature of the dean, director, or chairperson of the department with which the person is associated. ((Requests may also require the approval of the parking advisory committee.)) Issuance requires purchase of a "G" parking permit and permits will be in effect the same period of time. These permits are valid for brief periods of time only when on university business and are not valid in metered lots, specifically reserved spaces, or small capacity lots.

(7) Persons with a temporary or permanent physical disability who require special parking consideration must ((furnish to the parking manager a physician's certification of the request on forms provided by the parking and transportation services office. (This certification does not apply to persons whose vehicles bear a state-issued handicapped license or permit.))) obtain a state disabled parking permit as well as a valid WWU disabled parking permit.

(8) All permits are the property of the university and may be recalled by the ((parking manager)) public safety director under the following circumstances:

(a) When the purpose for which they were issued changes or ceases to exist.

(b) Falsification of an application or registration for parking.

(c) Violations of the regulations in this chapter.

(d) Counterfeiting or altering a permit.

(e) Failure to comply with a judgment of the parking appeals board.

(f) Failure to pay outstanding citations.

(g) Removed a wheel lock without authorization of parking and transportation services.

(9) Annual, academic, and quarterly parking space assignments will be available according to a schedule determined and publicized by the ((parking manager)) public safety director.

(a) Annual permits are valid for 12 months.

(b) Academic permits are valid for 9 months.

(c) Quarterly permits are valid from the first day of the quarter for which issued until the first day of the succeeding quarter.

(d) Those persons desiring to consecutively renew a quarterly permit for winter, spring, and summer quarters to the same parking lot as assigned for fall quarter may do so during the two weeks prior to finals week each quarter through the first two weeks of the next quarter. ((All spaces not renewed will go on open sale finals week of each quarter.)) Permits may not be renewed for fall quarter.

(10) Special permits may include, but are not limited to: Guest, service/vendor, temporary assignment, visitor, and loading permits authorized by the ((parking manager)) public safety director.

(11) Faculty, staff, or students who have purchased a hanging parking permit but forget to place it on the vehicle they are driving to campus ((and)) must obtain a temporary permit from the parking office or visitor information center. Those who have not purchased a permit must obtain a temporary permit from the parking and transportation services office or the visitor information center at the cost of a daily visitor permit. Temporary permits are issued for the lot assigned or, if no permit has been purchased, for available spaces((, not for visitor lots)).

(12) Faculty, staff, or students who purchase an annual, academic, or quarterly parking permit may use the permit on any vehicle they drive but may not transfer ownership of the permit. The individual to whom a permit is issued is responsible for parking violations by any vehicle bearing the permit.

[Statutory Authority: RCW 28B.35.120. 97-17-052, 516-12-450, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 28B.10.560. 85-14-098 (Resolution No. 85-05), 516-12-450, filed 7/2/85. Statutory Authority: RCW 28B.35.120(11). 83-14-014 (Order 6-02-83, Motion No. 6-02-83), 516-12-450, filed 6/28/83, effective 9/19/83.]

(2) Cost of permits will be prorated throughout the year according to type and date purchased and will be posted in the parking and transportation services office.

(3) Refunds may be made based on the valid time remaining upon application by the permit holder or upon revocation of the permit by the ((parking manager)) public safety director. Unpaid citation fines will be deducted from any refund.

(a) The permit holder must return the permit to the parking and transportation services office before a refund will be authorized or a payroll deduction be terminated.

(b) A service charge will be assessed for any permit returned during the first ten days of fall quarter.

(c) A service charge will be assessed for quarterly permits returned during the first ten days of the quarter for which valid.

(d) No refund will be made for a quarterly permit during the last two weeks of the quarter.

(e) No refund will be made for an academic permit during the last two weeks of spring quarter.

(f) No refund will be made for a summer permit or an annual permit after the six-week summer session.

(4) A service charge will be assessed for:

(a) Change of permit when a lot transfer is requested by the permit holder and approved by the ((parking manager)) public safety director.

(b) Replacement of permits unless the old permit is returned in identifiable condition.

(c) Change in hours issued on a part-time permit.

(5) Salaried employees have the option of paying for parking through payroll deduction.

(6) Prorated fees will be charged for part-time permits.

(7) The proper fee must be paid for all vehicles parked in metered lots unless otherwise authorized.

(8) For fees regarding lost or stolen permits, see WAC ((516-12-470(4))) 516-12-450(5).

(((9) Permit holders who forget their permit or any driver without a permit must purchase a temporary permit at current visitor fees.))

[Statutory Authority: RCW 28B.35.120. 97-17-052, 516-12-460, filed 8/15/97, effective 9/15/97; 96-14-006, 516-12-460, filed 6/20/96, effective 7/21/96. Statutory Authority: RCW 28B.10.560. 85-14-098 (Resolution No. 85-05), 516-12-460, filed 7/2/85. Statutory Authority: RCW 28B.35.120(11). 83-14-014 (Order 6-02-83, Motion No. 6-02-83), 516-12-460, filed 6/28/83, effective 9/19/83.]

(a) A vehicle which is parked in a manner which endangers or potentially endangers members of the university community or their property, state property, and/or prevents a person having a valid permit from parking in their designated parking area, will be impounded on the first violation.

(b) Upon receiving ((a third parking citation with)) two ((previous)) unpaid parking citations outstanding for more than seventy-two hours, a vehicle is subject to impound.

(c) A student with unpaid parking citations ((may not be allowed to have a copy of his/her transcript released by the registrar's office)) may not receive their class registration and/or transcript until citations are paid.

(d) Parking permits will not be issued until all outstanding citations are paid.

(e) After identifying the registered owner of any vehicle without a parking permit or a permit number which has one or more unpaid citations, the parking and transportation services office will contact the owner in writing that payment is required. If payment for outstanding citations is not made by the date required, the matter will be referred to the appropriate collection agent and/or civil court for resolution.

(f) The operator and owner(s) of a vehicle which is involved in a violation of the university's parking regulations are jointly and severally responsible for the violation. The person to whom a permit is issued is responsible for all citations issued to that permit number.

(g) These enforcement measures are cumulative using one or more enforcement measures will not prohibit the use of additional measures.

(2) When regulations are in effect.

(a) Except as stated in (b) and (c) of this subsection, parking regulations are subject to enforcement throughout the calendar year but will not be enforced on official university holidays unless otherwise posted. For purposes of this section, intercession is not considered a university holiday.

(b) A vehicle which is parked in a manner which endangers or potentially endangers members of the university or their property or state property will be impounded on the first violation regardless of when the violation occurs.

(c) Intercession regulations will be determined and published by the ((parking manager)) public safety director as required.

(d) ((Permits are required in G, C, and V parking areas Monday through Friday from 7:00 a.m. through 5:00 p.m. unless otherwise posted. Permits are required in R (student resident) lots all hours.)) All lots have restrictions. Refer to regulatory signs at lot entrances.

(e) Should there be a conflict between these regulations, parking maps, and on-site posted signs regarding parking information and instructions, the on-site sign takes precedence.

(3) ((Night parking.

(a) The hours of night parking are 5:00 p.m. to 7:00 a.m.

(b) During the hours of night parking all lots except "R" (campus resident) lots, some restricted lots, and reserved spaces in any lot are open to parking unless otherwise posted with signs or designated by the parking manager.

(c) "R" parking lots are restricted to "R" permit holders at all times.

(d) Parking is restricted during the hours of night parking in any lot reserved for a special event unless attending that event.

(4))) Citations. A vehicle which is in violation of the university's parking regulations will be issued a citation((, and fines will be assessed for violations of these regulations according to the following schedule:

(a) $5.00 violations:

(i) Improper display of permit.

(b) $10.00 violations:

(i) Overtime parking;

(ii) Parking at an expired meter;

(iii) Occupying more than one space;

(iv) Parking in a no parking zone;

(v) Parking outside a designated parking space.

(c) $15.00 violation: Parking out of assigned area.

(d) $20.00 violations:

(i) No valid permit displayed;

(ii) Unauthorized permit transfer.

(e) $25.00 violations:

(i) Blocking traffic;

(ii) Parking in a grass or landscaped area;

(iii) Parking in a reserved area;

(iv) Parking in prohibited area (except disabled spaces);

(v) Parking in a driveway or walkway.

(f) $50.00 violations: Parking within fifteen feet of a fire hydrant or in a fire lane.

(g) $100.00 violations.

(i) Display of lost permit.

(ii) Display of stolen permit.

(iii) Display of forged permit.

(h) $175.00 violations: Parking in a disabled only space)).

(((5))) (4) Continued violations. A vehicle which remains in violation of any regulations may receive additional citations for every four hours of the violation.

(((6))) (5) Impoundment by towing or wheel lock:

(a) All violators are subject to having their vehicles impounded through the use of towing or the wheel lock device at their own risk and expense.

(b) Any vehicle may be towed away if the vehicle:

(i) Has been immobilized by wheel lock for more than twenty-four hours; or

(ii) Is parked in such a manner as to endanger the university community; or

(iii) Is parked in a fire lane blocking traffic or other posted tow-away zone; or

(iv) Is parked so as to deprive a permit holder of space in his/her assigned lot, personally reserved space or disabled space without a proper permit; or

(v) Is left under circumstances which indicate it has been abandoned; or

(vi) Is found displaying a forged or reported lost or stolen permit; or

(vii) Cannot be impounded with the wheel lock device.

(c) Any vehicle may be immobilized by use of a wheel lock device if the vehicle:

(i) Has an accumulation of two or more unpaid parking tickets (the second of which has been outstanding for more than seventy-two hours); or

(ii) Is parked at any time on campus when parking privileges have been revoked.

(d) The operator/owner of the impounded vehicle must ((provide positive personal identification and proof of ownership of the vehicle and)) pay all outstanding citations at the parking and transportation services office (or university public safety department when the parking and transportation services office is closed) and complete the required paperwork before a vehicle release is authorized((, a release form completed and a copy issued to the vehicle operator/owner)).

(e) A fee will be assessed on vehicles immobilized by the wheel lock device.

(f) Any vehicle which remains immobilized by wheel lock for more than twenty-four hours in an area where towing is not practical or possible will be assessed a fee for each day or portion thereof over the twenty-four hours.

(g) An impound fee is charged if the driver of the tow truck or the wheel lock operator has performed any labor prior to the vehicle operator/owner returning to the vehicle before the impoundment is completed.

(h) An impounded vehicle shall be released to the operator/owner of the vehicle when:

(i) Positive identification and proof of ownership of the vehicle is provided;

(ii) All unpaid fines against the impounded vehicle or any other vehicle registered to the violator are paid at parking and transportation services (or university public safety department when parking and transportation services is closed);

(iii) A wheel lock fee is paid; and/or

(iv) All towing and storage fees are paid.

(i) The operator/owner of the towed vehicle must present an authorized release form to the towing company and pay all towing charges including any storage fees incurred.

(j) The university assumes no responsibility for damages which may result from use of the wheel lock device, storage, or attempts to move a vehicle with a wheel lock device installed.

(k) A person wishing to challenge the validity of the impound or any fines or fees imposed under the impound policy may appeal through the process provided in the chapter governing appeals (chapter 516-14 WAC). However, in order to secure release of the vehicle, the driver must pay the amount of fines and/or fees as a bond which will be refunded to the extent the appeal is approved.

(((7))) (6) It is prohibited to park:

(a) Without a valid permit;

(b) Double parked;

(c) In reserved spaces without a proper permit;

(d) In no parking areas;

(e) In a disabled space without a proper permit;

(f) In fire lanes, service roads, fire exits or within 15 feet of a fire hydrant;

(g) In loading zones ((unless actually loading (time is limited))) exceeding the time limit;

(h) In service entrances, construction sites, spaces reserved for maintenance vehicles, handicapped access areas, dumpster access;

(i) On lawns, sidewalks, crosswalks, parking lot driveways, straddling painted lines or buttons, or angle parking where prohibited;

(j) Exceeding time in time-limited or metered spaces;

(k) In areas where permit is not valid;

(l) Over or adjacent to yellow lines or curbs;

(m) Against the flow of traffic;

(n) In areas or spaces closed by barricades or other control devices.

(((8))) (7) Payment of citations is due upon receipt.

[Statutory Authority: RCW 28B.35.120. 97-17-052, 516-12-470, filed 8/15/97, effective 9/15/97; 96-14-006, 516-12-470, filed 6/20/96, effective 7/21/96. Statutory Authority: RCW 28B.35.120(12). 95-09-047, 516-12-470, filed 4/17/95, effective 5/18/95; 90-17-032, 516-12-470, filed 8/9/90, effective 9/9/90. Statutory Authority: RCW 28B.35.120(11). 87-18-001 (Resolution No. 6-04-87), 516-12-470, filed 8/20/87. Statutory Authority: RCW 28B.10.560. 85-14-098 (Resolution No. 85-05), 516-12-470, filed 7/2/85. Statutory Authority: RCW 28B.35.120(11). 83-14-014 (Order 6-02-83, Motion No. 6-02-83), 516-12-470, filed 6/28/83, effective 9/19/83.]

(1) The right to a hearing is forfeited seven days from the date of the citation.

(2) Any person dissatisfied with the decision of the ((parking manager)) public safety director or designee on appeal of a citation may request a hearing before the parking appeals board. (Chapter 516-14 WAC.)

(3) Requests for a parking appeals board review must be made in writing within fourteen days of the decision made by the ((parking manager)) public safety director or designee and after the appealed citation has been paid in full.

[Statutory Authority: RCW 28B.35.120. 97-17-052, 516-12-480, filed 8/15/97, effective 9/15/97. Statutory Authority: RCW 28B.35.120(11). 83-14-014 (Order 6-02-83, Motion No. 6-02-83), 516-12-480, filed 6/28/83, effective 9/19/83.]

OTS-5308.1

AMENDATORY SECTION(Amending WSR 96-24-016, filed 11/22/96, effective 1/1/97)

WAC 516-13-030   Impounding of bicycles.   (1) Bicycles may be impounded for illegal parking.

(2) Bicycles will be released upon presentation of proof of ownership and payment of a $3.00 fee if claimed within seven days. Bicycles unclaimed after seven days will be released to the university public safety department. If the owner of an impounded bicycle can be identified, they will be notified immediately after impound.

[Statutory Authority: RCW 28B.35.120(12). 96-24-016, 516-13-030, filed 11/22/96, effective 1/1/97. Statutory Authority: RCW 28B.35.120(11). 83-14-014 (Order 6-02-83, Motion No. 6-02-83), 516-13-030, filed 6/28/83, effective 9/19/83; Order 75-4, 516-13-030, filed 8/11/75; Order 3085, 516-13-030, filed 8/9/71.]

(2) It is prohibited for bicycles to be ridden in areas specifically designated as permanent and/or temporary dismount zones ((from 8:00 a.m. to 5:00 p.m. during regular class days or at other times when so posted or as designated by the vice-president for business and financial affairs or a designee)). Bicyclists must dismount and walk their bicycles in designated dismount zones during the fifteen minutes prior to and fifteen minutes after each hour from 7:45 a.m. to 5:15 p.m. during regular class days, including finals week.

(3) Bicyclists are responsible for following the Bicycle Responsibility Code adopted May 21, 1996, by the student bicycle advisory coalition as amended by the central health and safety committee on June 3, 1996:

(a) Pedestrians have right of way, always.

(b) Stay in control.

(c) Avoid congested areas and use back roads when possible.

(d) Obey the dismount policy and obey all traffic laws.

(e) Dismount and walk your bike when in crowded areas.

(f) Minimize impact -- stay off the lawns.

(g) Park and lock bikes only at bike racks.

(h) Know the code!

[Statutory Authority: RCW 28B.35.120(12). 96-24-016, 516-13-080, filed 11/22/96, effective 1/1/97. Statutory Authority: RCW 28B.35.120(11). 92-06-068 (Order 92-01), 516-13-080, filed 3/3/92, effective 3/31/92; 83-14-014 (Order 6-02-83, Motion No. 6-02-83), 516-13-080, filed 6/28/83, effective 9/19/83.]

(1) Failure to yield right of way to pedestrian;

(2) Failure to stay in control of bicycle;

(3) Failure to obey dismount policy;

(4) Riding on lawn or other restricted area;

(5) Failure to use due care and caution.

Penalties: The penalties for violating any part of this section shall be progressive, with the monetary penalty increasing for each subsequent offense regardless of the nature of the previous offense(s). The first violation shall have a monetary penalty of ten dollars. A second violation shall have a monetary penalty of twenty-five dollars. A third and each subsequent violation shall have a monetary penalty of fifty dollars.

Any bicycle rider who violates any portion of this section and as a result is involved in a collision with a pedestrian or an object shall have the monetary penalty for the offense(s) doubled.

Any bicycle rider who attempts to elude a uniformed police officer attempting to enforce these regulations shall have the monetary penalty for the offense(s) doubled.

Chapter 516-13 WAC notwithstanding, bicycle riders remain subject to enforcement of applicable city and state traffic laws while riding upon public roadways or sidewalks.

A bicycle rider who refuses to cooperate with a police officer or to present proof of identification will be subject to arrest for obstructing a law enforcement officer under the provisions of chapter 9A.76 RCW and/or criminal trespass under the provisions of chapter 9A.52 RCW.

Appeal procedure. A university notice of infraction (NOI) may be appealed by filing a completed appeal form at the parking services office or appeal on-line at www.park.wwu.edu within seven days of receipt of the notice of infraction; otherwise, the right to a hearing is forfeited.

Distribution of funds collected from monetary penalties. Moneys collected for violations of chapter 516-13 WAC shall be applied towards the cost of enforcing this section. Moneys received in excess of these costs shall be applied towards bicycle-related projects, including bicycle parking, bicycle pathways and safe bicycling education.

[Statutory Authority: RCW 28B.35.120(12). 99-07-089, 516-13-090, filed 3/19/99, effective 4/19/99; 96-24-016, 516-13-090, filed 11/22/96, effective 1/1/97. Statutory Authority: RCW 28B.35.120(11). 92-06-068 (Order 92-01), 516-13-090, filed 3/3/92, effective 3/31/92.]

OTS-5309.1

AMENDATORY SECTION(Amending Order 6-02-83, Motion No. 6-02-83, filed 6/28/83, effective 9/19/83)

WAC 516-14-200   Policy and procedure.   A parking appeals board has been established composed of one administrator, one faculty member, and one staff member, to be appointed by the administrators, faculty, and staff respectively, and four students to be appointed by the associated students. Each will be appointed for a one-year term. The board will choose its own chairperson from its members.

(1) The board will meet throughout the academic year dependent upon the volume of appeals.

(2) The parking appeals board has jurisdiction to hear and decide only those cases involving alleged violations of Western Washington University's parking regulations, chapters 516-12 and 516-13 WAC.

(3) Moving violations, violations of the motor vehicle and other traffic laws of the state of Washington, and traffic code of the city of Bellingham are referred to the Bellingham police department and district justice court.

(4) The parking appeals board may adopt its own bylaws. However, these bylaws may not conflict with the WAC or the policies and procedures of related offices except by recommendation in writing, and subsequent approval of the office involved, through established university channels. The board shall be considered autonomous to ((the)) the university governance system as to its judgment of appeals only. The board chairperson shall prepare an annual report for informational purposes to be submitted to the vice-president of business and financial affairs by May 31 each year.

(a) Payment of a parking fine shall not constitute a waiver of the right to a hearing with regard to the underlying violation.

(b) Those receiving a university parking citation may appeal the citation by completing an official appeal form available at the parking services office or appeal on-line at www.park.wwu.edu. The form must be completed within seven days of the issuance of the citation or the citation will be considered valid. (WAC 516-12-480)

(c) The appeal form must include a full explanation of the basis for the appeal. The only proper basis for an appeal is a contention that the cited regulations were not violated.

(d) The ((parking manager)) public safety director (or designee) will review the appeal and may recommend dismissal or a reduction of the citation. If dismissal is not recommended, ((the appeal will be sent)) appellant may request the appeal be sent to the board for adjudication upon payment of the fine and the completion of a request form. The ((parking manager)) public safety director has the authority to waive completion of the appeal form.

(((d))) (e) Should a personal appearance before the board be desired, it should be indicated on the form, otherwise the citation will be adjudicated on the basis of the written submission only.

(((e))) (f) If a personal appearance is requested, and the appellant cannot appear on the date scheduled, the appellant must notify the transportation and parking department in writing at least 24 hours before the scheduled time and request a new date. Only one such rescheduling is permitted. If the appellant does not appear at a scheduled hearing without notification, the appeal will be adjudicated on the basis of the written appeal only.

(((f))) (g) The parking appeals board operates according to the rights of due process of law. If desired, the appellant has the right to be represented by counsel, the right to cross-examine witnesses, and the right to an open and impartial hearing.

(((g))) (h) The transportation and parking department has the right to be represented at hearings and to cross-examine witnesses.

(((h))) (i) The appeals board may examine witnesses for either side.

(((i))) (j) At the conclusion of a hearing, and in an open meeting, the board will specify the charge(s) against the alleged violator, pronounce a judgment of guilty or not guilty as to each charge, and include a rationale for each judgment. The board has the authority to deny the appeal, waive, void or refund the citation fine(s) in part or in full, and/or refund the towing charge(s) in part or in full, according to the pronounced ((judgement)) judgment of guilty or not guilty.

(((j))) (k) The decision of the appeals board will be in writing and will be final.

(((k))) (l) Failure to comply with a decision of the parking appeals board constitutes a ground for revocation of campus parking privileges. Any unpaid fine will be deducted from any refund due as a result of revocation of parking privileges or a judgment of the board.

(((l))) (m) A written record of the judgment, rationale, and fine imposed, if any, shall be furnished to the transportation and parking department by the parking appeals board chairperson. These records will then be maintained by the transportation and parking department.

(((m))) (n) Within the Revised Code of Washington, the alleged violator may appeal the decision of the appeals board to the state district court within ten days after written notice of the final decision has been given.

[Statutory Authority: RCW 28B.35.120(11). 83-14-014 (Order 6-02-83, Motion No. 6-02-83), 516-14-200, filed 6/28/83, effective 9/19/83.]

Washington State Code Reviser's Office