WSR 02-03-089

PROPOSED RULES

CASCADIA COMMUNITY COLLEGE


[ Filed January 18, 2002, 10:13 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 01-23-030.

     Title of Rule: New chapter, WAC 132Z-116-005 - 132Z-116-410.

     Purpose: To provide pedestrian, parking and traffic rules for the colocated Cascadia Community College (CCC) and the University of Washington, Bothell branch campus.

     Other Identifying Information: Cascadia Community College and the University of Washington will pursue identical rules governing parking and traffic at their colocated campus facilities to be adopted as part of Titles 132Z and 478 WAC, respectfully. Both institutions will hold a joint public hearing as part of the rule-making process.

     Statutory Authority for Adoption: RCW 28B.10.560 and 28B.20.130.

     Statute Being Implemented: RCW 28B.10.560 and 28B.20.130.

     Summary: Traffic and parking rules specifically for the collocated CCC/UWB campus are needed for the safety and general welfare of the students, faculty, staff and guests. Since both institutions share the same campus location and parking infrastructure, identical rules are being sought as chapter 132Z-116 WAC for CCC and chapter 478-117 WAC for the University of Washington.

     Reasons Supporting Proposal: With the opening of the lower campus roadway, the amount of traffic has grown significantly, requiring these rules for the safety and general welfare of the CCC/UWB campus users. Emergency rules were filed in October 2001 to provide the CCC/UWB campus with enforcement of parking and traffic rules throughout the academic year.

     Name of Agency Personnel Responsible for Drafting and Enforcement: Mr. Tom Harker, Vice-President, Financial and Information Technology, CCC 280B, 18345 Campus Way N.E., Bothell, WA 98011, (425) 352-8196; and Implementation: Dr. Victoria Richart, President, Cascadia Community College, CCC 281C, 18345 Campus Way N.E., Bothell, WA 98011, (425) 352-8810.

     Name of Proponent: Cascadia Community College and the University of Washington, Bothell, governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: The proposed jointly developed rules govern pedestrian and vehicular traffic and parking on the CCC/UWB campus. The purpose of these rules is to protect, control and assure safety of pedestrians and vehicular traffic on the CCC/UWB campus. The anticipated effect is to improve safety for pedestrian and vehicular traffic.

     Proposal does not change existing rules.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Chapter 132Z-116 WAC does not impose a disproportionate impact on small businesses.

     RCW 34.05.328 does not apply to this rule adoption. Chapter 132Z-116 WAC is not considered a significant legislative rule by Cascadia Community College.

     Hearing Location: Room LB1-205, Library/Media Center, Cascadia Community College/University of Washington, Bothell, Washington, on March 1, 2002, at 12 noon.

     Assistance for Persons with Disabilities: Contact Enrollment Services at (425) 352-8860, by February 29, 2002.

     Submit Written Comments to: Mr. Tom Harker, Vice-President for Finance and Information Technology, via one of the following routes: U.S. Mail: Cascadia Community College, 18345 Campus Way N.E., Bothell, WA 98011; Internal campus mail: Room 280B; e-mail tharker@cascadia.ctc.edu; or fax (425) 352-8313; by March 1, 2002.

     Date of Intended Adoption: March 1, 2002.

January 17, 2002

Dr. Victoria Munoz Richart

President

Chapter 132Z-116 WAC

Parking and Traffic Rules of

the Cascadia Community College


NEW SECTION
WAC 132Z-116-005   Authority.   RCW 28B.50.140(10) authorizes the board of trustees of Cascadia Community College to adopt rules for pedestrian and vehicular traffic on the college campus. RCW 28B.10.560 similarly authorizes the board of regents of the University of Washington to adopt rules governing pedestrian and vehicular traffic and parking upon lands and facilities of the university. The rules set forth in this chapter have been jointly developed and agreed upon by the two institutions of higher education, and adopted and codified in separate chapters of the Washington Administrative Code by each of the two institutions.

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NEW SECTION
WAC 132Z-116-010   Objectives of parking and traffic rules.   The objectives of these rules are:

     (1) To protect and control pedestrian and vehicular traffic on the campus of University of Washington, Bothell and Cascadia Community College.

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

     (3) To minimize traffic disturbances.

     (4) To facilitate the operation of the institutions by assuring access to vehicles.

     (5) To allocate limited parking space for the most efficient use.

     (6) To protect state property.

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NEW SECTION
WAC 132Z-116-020   Definitions.   The following definitions apply to this chapter:

     (1) Campus: The co-located campus of University of Washington, Bothell and Cascadia Community College.

     (2) College: Cascadia Community College, and collectively those responsible for its control and operations.

     (3) Employee: An employee of the college or the university.

     (4) Institutions: The college and the university.

     (5) Public safety officers: Employees of the college or the university who are responsible for campus security, safety, and parking and traffic control.

     (6) Student: A person enrolled in the college or the university.

     (7) University: The University of Washington, Bothell, and collectively those responsible for its control and operations.

     (8) Vehicle: An automobile, truck, motorcycle, motorized scooter, or bicycle.

     (9) Visitor: A person who is neither an employee nor a student of the college or the university.

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NEW SECTION
WAC 132Z-116-030   Applicable parking and traffic rules.   The applicable parking and traffic rules upon the campus are:

     (1) The motor vehicle and other traffic laws of the state of Washington, Title 46 RCW.

     (2) The traffic code of the city of Bothell.

     (3) The parking and traffic rules in this chapter. If the Washington laws or the Bothell traffic code conflicts with these rules, the Washington laws or the Bothell traffic code shall govern.

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NEW SECTION
WAC 132Z-116-040   Enforcement of parking and traffic rules.   The institutions share responsibility for parking and traffic management on campus. Duly appointed public safety officers or independent contractors hired by the institutions are authorized to enforce these parking and traffic rules.

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NEW SECTION
WAC 132Z-116-050   Permits required for vehicles on campus.   No person shall park, or leave any vehicle (other than bicycles), whether attended or unattended, upon the campus without a permit issued by the institutions. Permission to park on campus will be shown by display of a valid permit.

     (1) A valid permit is:

     (a) A current vehicle permit displayed in accordance with WAC 132Z-116-110. Vehicle permits are valid until revoked.

     (b) A temporary permit authorized by the institutions and displayed in accordance with instructions. Temporary permits are valid through the date or time on the permit.

     (c) A parking permit issued by a gate attendant and displayed on the vehicle in accordance with instructions.

     (d) A parking permit dispensed by machine at the campus and displayed in accordance with instructions.

     (2) Parking permits are not transferable, except as provided in WAC 132Z-116-060 and 132Z-116-090.

     (3) The college and university reserve the right to refuse to issue parking permits.

     (4) This section does not apply to vehicles that the institutions own or operate.

     (5) The institutions may allow persons without permits to drive through the campus without parking.

     (6) A public safety officer may require visitors to wait at the entrances to the campus when pedestrian or vehicular traffic congestion is above normal.

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NEW SECTION
WAC 132Z-116-060   Carpool and disability parking permits.   (1) Carpool permits may be issued to employees and students. One transferable permit will be issued by the institutions for each carpool. This permit is transferable only among the registered members of the carpool. This permit must be displayed in accordance with the instructions provided with the permit. A carpool is a group of two or more employees or students who commute to the campus in the same vehicle.

     (2) The institutions provide parking for the disabled in accordance with the requirements of federal and state law, including parking spots reserved for persons who display a state of Washington disabled driver permit.

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NEW SECTION
WAC 132Z-116-070   Permit revocations.   Parking permits are the property of the institutions, and may be recalled by the issuer 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 by an unauthorized individual.

     (3) Falsification on a parking permit application.

     (4) Multiple or continued violations of parking rules.

     (5) Counterfeiting or altering permits.

     (6) Failure to comply with a final decision of the citation review committee, or institutional hearing officer.

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NEW SECTION
WAC 132Z-116-080   Right to appeal revocation.   Parking permit revocations under this chapter may be appealed pursuant to the procedures in WAC 132Z-116-320.

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NEW SECTION
WAC 132Z-116-090   Transfer of permits limited.   (1) Permit holders may transfer one permit between motor vehicles when used by the permit holder. Improper transfer of a permit shall include, but is not limited to, the wrongful sale, lending, or transfer of a parking permit.

     (2) Permits displaying license plate numbers shall be used only in the vehicles whose license number is written on the permit.

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NEW SECTION
WAC 132Z-116-100   Responsibility of person to whom permit issued.   The person to whom a permit is issued is responsible for the vehicle upon which the permit is affixed. He or she shall be held responsible for all violations of this chapter charged to that vehicle. However, the operator of a vehicle will not be relieved of responsibility for violating any rule of this chapter simply because he or she is not also the holder of the permit.

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NEW SECTION
WAC 132Z-116-110   Display of permits.   (1) Parking permits shall be displayed by hanging from the rear view mirror or displayed face up on the dashboard of the motor vehicle and shall be fully visible from the exterior of the motor vehicle.

     (2) When applicable, the area designator (numeral, letter or combination) shall be affixed to the vehicle permit and shall be fully visible from the exterior of the motor vehicle.

     (3) Motorcycle and scooter permits shall be registered with the affiliated institution.

     (4) Permits not fully visible from the exterior of a motor vehicle are not valid and are subject to citation for no valid permit displayed.

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NEW SECTION
WAC 132Z-116-200   Parking fees.   The institutions' governing boards shall adopt parking fees, specifying the charge per day, quarter, and year. Each institution may set its own rates for quarterly and yearly permits, but the rates for daily parking permits must be uniform for both institutions. Each institution shall sell quarterly and yearly permits to the employees and students only of its own institution. Each institution may also sell quarterly and yearly permits in its discretion to regular visitors to that institution.

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NEW SECTION
WAC 132Z-116-210   Allocation of parking spaces.   The parking space available on the campus shall be allocated in a manner that will best attain the objectives of these rules.

     During special occasions causing additional or heavy traffic and during emergencies, the institutions may impose additional traffic and parking policies to achieve the specified objectives of this chapter.

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NEW SECTION
WAC 132Z-116-220   Parking within designated spaces.   (1) No motor vehicle shall be parked on the campus except in areas designated as parking areas.

     (2) No vehicle shall be parked so as to occupy any portion of more than one parking space as designated within the parking area. The fact that other vehicles may have been so parked as to require the vehicle parked to occupy a portion of more than one space or stall shall not excuse a violation of this section.

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NEW SECTION
WAC 132Z-116-230   Parking -- Operator's responsibility.   No person driving or in charge of a motor vehicle shall permit it to stand unattended without first:

     (1) Stopping the engine, locking the ignition, and removing the key.

     (2) Effectively setting the brake and transmission to prevent movement of the vehicle.

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NEW SECTION
WAC 132Z-116-240   Regulatory signs, markings, barricades, etc.   (1) The institutions may erect signs, barricades, and other structures, and paint marks and other directions upon the streets and parking areas within the campus. Drivers of vehicles shall obey the signs, barricades, structures, markings, and directions. Drivers of vehicles shall comply with directions given to them by public safety officers in the control and regulation of traffic. Drivers shall also comply with directions given to them by the traffic guides or parking checkers in the assignment of parking space and in the collection of parking fees.

     (2) No person without authorization from the institutions shall move, deface, or in any way change a sign, barricade, structure, marking, or direction that regulates traffic or parking.

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NEW SECTION
WAC 132Z-116-250   Speed.   No vehicle shall be operated on the campus at a speed in excess of posted limits. If no limit is posted, no vehicle shall exceed twenty miles per hour or such lower speed as is reasonable and prudent in the circumstances.

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NEW SECTION
WAC 132Z-116-260   Pedestrian's right of way.   (1) The operator of a vehicle shall yield right of way to any pedestrian. However, no pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible or unsafe for the driver to yield.

     (2) Whenever any vehicle slows or stops so as to yield to pedestrian traffic, the operator of any other vehicle approaching from the rear shall not overtake and pass that vehicle.

     (3) Where a sidewalk is provided, pedestrians shall proceed upon the sidewalk.

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NEW SECTION
WAC 132Z-116-270   Motorcycles, bicycles, scooters.   (1) Motorcycles, bicycles, and scooters are subject to all traffic rules controlling other motor vehicles.

     (2) Motorcycles and motorized scooters may be parked in designated areas in addition to the regular parking lots.

     (3) Motorcycles and motorized scooters are not permitted on paths, sidewalks, or authorized bicycle or pedestrian areas, or in buildings at any time.

     (4) Bicycles shall be parked in designated areas only. Improperly parked bicycles may be impounded and a citation and fine imposed upon the owner.

     (5) No bicycles or foot-propelled devices shall be operated on campus corridors, hallways, or buildings unless their use is required as part of the educational process in an authorized program, or authorized by campus personnel. A "foot-propelled device" is a wheeled device designed or used for recreation or transportation, including but not limited to skateboards, roller skates, and roller blades.

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NEW SECTION
WAC 132Z-116-280   Distribution of literature.   No person may distribute literature by placing it on motor vehicles parked on the campus. Literature includes but is not limited to pamphlets, flyers, and stickers.

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NEW SECTION
WAC 132Z-116-300   Issuance of traffic citations.   Upon probable cause to believe that a violation of these rules has occurred, a public safety officer or designated contractor may issue a citation setting forth the date, the approximate time, the locality, the nature of the violation, the permit number, license number, infraction, officer, and the amount of fine(s). The citation shall be served on the person responsible for the violation by: attaching a copy of the citation to, or placing it prominently within, the vehicle allegedly involved in the violation; mailing a copy of the citation to the person responsible; or serving a copy of the citation personally on the person responsible.

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NEW SECTION
WAC 132Z-116-310   Fines and impounding.   (1) The current schedule of fines shall be published by the institutions and made available for review in the Central Plant Building.

     (2) All fines must be paid as designated on the citation within twenty calendar days from the date of the citation. Fines must be delivered in person to the citation hearing office or postmarked on or before the due date specified in these rules to avoid additional penalties. If any citation has neither been paid nor appealed after twenty calendar days from the date of the citation, the institution shall impose an additional fine of ten dollars per offense 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 the violator's vehicle.

     (d) Deny future parking privileges to the violator.

     (e) Refuse to issue keys to a violator who is an employee or student.

     (3) In addition to imposing fines, public safety officers may impound or immobilize any vehicle parked on campus in violation of these rules. The expenses of impounding, immobilization, and storage shall be charged to the owner or operator, or both, of the vehicle and must be paid before the vehicle's release. Grounds for impounding 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 so as to impede the flow of pedestrian traffic.

     (c) Blocking a fire hydrant or fire lane.

     (d) Creating a safety hazard.

     (e) Blocking another legally parked vehicle.

     (f) Parking in a marked "tow-away" zone.

     (g) Leaving a vehicle unattended on campus for longer than two days.

     (h) Failing to pay a fine imposed under this chapter.

Not more than twenty-four hours after impoundment of any vehicle, the institution shall mail a notice to the registered owner of the vehicle and to any other person who claims the right to possession of the vehicle, if those persons can be identified. The institutions shall not be liable for loss or damage of any kind resulting from impounding, immobilization, or storage. Impounding a vehicle does not remove the obligation for any fines associated with the violation.

     (4) An accumulation of traffic violations by a student may be cause for discipline under the student conduct code of the student's institution.

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NEW SECTION
WAC 132Z-116-320   Appeals of fines and impoundments.   (1) Any impoundment or fine under this chapter may be appealed in writing within twenty calendar days from the date of the citation or the notice of impoundment. The notice of appeal must be addressed to the location indicated on the citation or notice of impoundment. The institutions will make appeal forms available at the university's cashiers office in Room UW1 176 and at the college's cashiers office in Room CC1 103. The notice of appeal must explain the reasons for contesting the citation or impoundment. If the person who files a notice of appeal desires an opportunity to make an oral statement in the appeal, the request to make an oral statement must be included in the notice of appeal.

     (2) The hearing on the appeal shall be a brief adjudicative hearing as provided by RCW 34.05.482 et seq. If a request for an oral statement was made, the presiding officer or officers shall provide reasonable notice of the time and place for receiving the oral statement. The presiding officer(s) shall review the notice of appeal and provide a written decision to the person submitting the appeal within ten days of taking action. If the appeal is denied, the decision shall include a brief statement of its reasons and information about the opportunity for further review. Any fine owed on a written decision that is not further appealed as provided in subsection (3) of this section shall be paid within twenty-one days after service of the decision.

     (3) A person wishing to contest the written decision may request a review by contacting the institution in writing within twenty-one days after service of the decision. The request for review shall explain why the decision was incorrect. The reviewing officer shall, within twenty days of the date of the request, review the matter and render a final written decision, which shall include a brief statement of its reasons and information about the opportunity to appeal the decision to the district court. Any final decision of the reviewing officer not appealed as provided in subsection (4) of this section shall be paid within ten days after service of the decision.

     (4) A person wishing to appeal a final decision of the citation hearing office to the district court may, within ten days of service of the final decision, file a written notice with the institution. Documents relating to the appeal shall immediately be forwarded to the district court, which shall have jurisdiction to hear the appeal de novo. 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.

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NEW SECTION
WAC 132Z-116-400   Report of accident.   The operator of any vehicle involved in an accident on campus resulting in injury to or death of any person or total or claimed damage to either or both vehicles of $500, shall within twenty-four hours report such accident to the campus security department. This does not relieve any person so involved in an accident from his responsibility to file a state of Washington motor vehicle accident report within twenty-four hours after such accident.

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NEW SECTION
WAC 132Z-116-410   Liability of institutions.   Except for vehicles that the institutions own or operate, the institutions assume no liability under any circumstances for vehicles on the campus.

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