16-21-077

WSR 16-21-077

PROPOSED RULES

THE EVERGREEN STATE COLLEGE

[Filed October 18, 2016, 9:53 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 16-04-125.

Title of Rule and Other Identifying Information: Parking regulations, chapter 174-116 WAC.

Hearing Location(s): The Evergreen State College (TESC), 2700 Evergreen Parkway N.W., Seminar 2 Building, Room A-1105, Olympia, WA 98505, on Wednesday, November 30, 2016, at 12:30 - 1:30 p.m.

Date of Intended Adoption: Tuesday, January 3, 2017.

Submit Written Comments to: Andy Corn, Library 3009, TESC, 2700 Evergreen Parkway N.W., Olympia, WA 98505, e-mail [e-mail], fax [phone], by Tuesday, November 29, 2016.

Assistance for Persons with Disabilities: Contact Andy Corn, by Tuesday, November 29, 2016, TTY [phone] or [phone].

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Chapter 174-116 WAC was last updated in 1999. TESC conducted a broad review process that identified possible ways that TESC's parking program and rules could be updated. The results of the review have been considered and the college has identified a number of revisions that include, but are not limited to, updating process of approving fines for parking violations, general housekeeping of the rules, and removal of components that are more appropriately addressed through TESC policy.

Reasons Supporting Proposal: This proposed rule is intended to govern motorcycle and motor vehicle parking at TESC. The purpose of these rules is to facilitate campus safety and access. (1) To expedite college business, protect state property, provide maximum safety and convenience for all; (2) to assure access at all times for emergency vehicles, equipment, and personnel; (3) to provide funds to establish, maintain and manage suitable, self-sustaining campus parking facilities through a principled and fairly administered process; (4) to protect and control vehicular traffic; (5) to protect pedestrians; and (6) to encourage and support sustainable transportation, including travel to and from the college by means other than single occupancy vehicles.

Statutory Authority for Adoption: RCW 28B.40.120(12).

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

Name of Proponent: TESC, governmental.

Name of Agency Personnel Responsible for Drafting: Andy Corn, Library 3009, 2700 Evergreen Parkway N.W., Olympia, WA 98505, [phone]; Implementation: Wendy Endress, Library 3009, 2700 Evergreen Parkway N.W., Olympia, WA 98505, [phone]; and Enforcement: Susie Seip, Seminar 3152, 2700 Evergreen Parkway N.W., Olympia, WA 98505, [phone]

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule imposes no costs on small businesses as defined by chapter 19.85 RCW.

A cost-benefit analysis is not required under RCW 34.05.328. TESC is not among the agencies required to prepare a cost-benefit analysis as specified in RCW 34.05.328.

October 14, 2016

John Carmichael

Chief of Staff

to the President

NEW SECTION

WAC 174-116-210 Purpose.

These rules govern motorcycle and motor vehicle parking at The Evergreen State College (college). The purpose of these rules is to facilitate campus safety and access. Specifically, these rules are intended:

(1) To expedite college business, protect state property, provide maximum safety and convenience for all;

(2) To assure access at all times for emergency vehicles, equipment, and personnel;

(3) To provide funds to establish, maintain and manage suitable, self-sustaining campus parking facilities through a principled and fairly administered process;

(4) To protect and control vehicular traffic;

(5) To protect pedestrians; and

(6) To encourage and support sustainable transportation, including travel to and from the college by means other than single occupancy vehicles.

NEW SECTION

WAC 174-116-215 Regulations.

Drivers and owners of vehicles on the property of the college are responsible for safe and lawful operation of those vehicles. Individuals operating or parking vehicles on college-owned property must at all times comply with the campus regulations, ordinances of Thurston County and laws of the state of Washington.

NEW SECTION

WAC 174-116-220 Authority.

(1) The college through its board of trustees is authorized to establish traffic and parking regulations as stated in RCW 28B.10.560.

(2) The college is authorized to issue permits to park on the campus. All outstanding campus parking violations must be satisfactorily settled before a permit will be issued or renewed.

NEW SECTION

WAC 174-116-225 Emergencies.

The vice-president for student affairs, or their designee, has the authority to suspend, modify or repeal any or all provisions in this chapter for an authorized college event or in the event of an emergency, disaster or other like contingency. Such action must be limited in duration and scope to meet the institutional needs of the college and/or address the dangers of the contingency.

NEW SECTION

WAC 174-116-230 Liability of college.

The college assumes no liability for motor vehicles or their contents when such motor vehicles are on campus. The college offers parking permits to those desiring to park on campus. A parking permit licenses the holder (licensee) to park one motor vehicle in the lots designated on the permit. The college is not responsible for fire, theft, damage, or loss of vehicle or any article left in such vehicle. A parking permit is a license to park and no bailment is created. A "motor vehicle" is defined as a vehicle that is self-propelled; for example cars, trucks, and motorcycles. Motor vehicles include a neighborhood electric vehicle as defined in RCW 46.04.357 and a medium-speed electric vehicle as defined in RCW 46.04.295. Electric personal assistive mobility devices and power wheelchairs are not considered motor vehicles.

NEW SECTION

WAC 174-116-235 Enforcement.

(1) Whenever an unattended vehicle is parked in violation of these regulations, the college may take the registration number and other identifiable information and may affix to such vehicle a parking citation in a conspicuously visible location.

(2) When an attended vehicle is parked in violation of these regulations, and upon request of a designated college official, the driver may be required to move the vehicle immediately to a designated parking area or off college property. Refusal to move the vehicle is a violation of these regulations and may warrant a parking citation.

NEW SECTION

WAC 174-116-240 Parking permits-General information.

(1) Parking permits are issued by the college following application and the payment of the appropriate fees. All privately owned motor vehicles parked or left unattended on college property are required to display a currently valid Evergreen parking permit during specified days and hours. These hours are posted in each parking area at the entrance to the parking areas, or along the roadways where parking is indicated. The college maintains the authority to sell and require the display of special event parking permits during times and days, including weekends, as established by the college. Vehicles parked on campus are required to display valid parking permits at all times and days of the week as established by these rules. A complete list of parking permits issued by the college is available in the parking services office and on the college web site.

(2) Fees for parking and the effective date thereof, will be approved by the president of the college. Prior to approval by the president, the college will, after notice, hold a hearing on the proposed fee schedule. The hearing will be open to the public, and will be presided over by a presiding officer designated by the president. The presiding officer will prepare a memorandum for consideration by the president, summarizing the contents of the presentations made at the hearing. Approved fee schedules will be available in the public area of the parking services office and on the college's web site.

NEW SECTION

WAC 174-116-241 Parking permits-Special exceptions.

All persons parking vehicles on campus will park in available space as established by the college parking regulations and will pay the established parking fee except as follows:

(1) Vehicles with government tax exempt licenses will be allowed to park without charge.

(2) Members of the press, television, radio and wire services, on official business, after obtaining a permit from the parking office, may park without charge.

(3) Taxis and commercial delivery vehicles may enter the campus without payment of the parking fee only for pick-up and delivery of passengers, supplies and equipment.

(4) Permanently and temporarily disabled persons may request a disability parking placard from the parking office. Vehicles parked in handicapped-accessible spaces must display a paid parking permit and a state of Washington or college-issued temporary disabled parking placard to be valid.

NEW SECTION

WAC 174-116-242 Parking permits-Issuance and display.

(1) All parking permits must be entirely visible and displayed on the vehicle in accordance with the instructions printed on the permit, with permit numbers and relevant dates visible. Vehicles that do not have visible and properly displayed permits may be cited for the violation of improperly displaying a permit.

(2) Ownership of permits is not transferable except when approved by parking services. If a registered vehicle is sold, the permit must be removed and returned to parking services for a replacement or any refund.

(3) Persons not residing on campus may apply for a duplicate permit for a second car either personally, family, or employer owned. Proof of ownership or appropriate authorization must be presented prior to issuance of a second permit. Two vehicles displaying the same numbered permit may not be parked on campus at the same time unless one also displays a valid daily permit.

(4) Vehicles displaying a valid permit may be parked in any designated campus parking lot authorized by the permit. Vehicle parking in the modular housing area is restricted to residents and other users authorized by parking services. F lot parking permits are valid in B, C, and F lots. Modular housing permits are valid in all of the campus parking lots.

(5) Permit holders may obtain a complimentary temporary daily permit for a vehicle being used as a temporary replacement.

(6) No vehicle may be parked on campus for the purpose of using such vehicle as a living unit. Any exception must be approved by the director of police services or their designee.

NEW SECTION

WAC 174-116-243 Parking permits-Validity and revocation.

(1) Parking permits will be valid from the date of purchase through the expiration date and/or time stated on the permit.

(2) Parking permits are licenses and remain the property of the college. Parking permits may be revoked for any of the following reasons:

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

(b) When a permit is used in an unauthorized manner.

(c) Falsification of a second car parking permit application.

(d) Counterfeiting or altering a permit.

NEW SECTION

WAC 174-116-250 Responsibility and presumption in reference to illegal parking.

(1) The registered owner or permit holder will be responsible for all parking violations involving the vehicle on which the permit is displayed.

(2) In any review, appeal or hearing alleging the violation of any parking regulation, proof of the following will create a presumption that the registered owner or permit holder was the person who parked or placed the vehicle in the location where the violation occurred:

(a) Proof that the vehicle described was stopped, standing or parked in violation of a regulation; and

(b) Proof that the person named in the citation was the registered owner or permit holder of the vehicle when the citation was issued.

NEW SECTION

WAC 174-116-255 Designated and assigned parking areas.

(1) The motor vehicle laws of the state of Washington and these rules will be applicable at all times in areas covered under the scope of this policy including all college-owned property.

(2) No vehicle may be parked on the campus except in those areas set aside and designated as parking areas.

(3) No vehicle may be parked in any parking area without a valid, current permit for that area issued by parking services.

(4) Vehicles may park only within marked spaces provided in each parking lot.

(5) Metered parking spaces require appropriate payment in the corresponding parking meter for valid parking, regardless of any passes or permits displayed on the vehicle.

(6) Vehicles parked in electric vehicle charging spaces are required to display a valid parking permit, and must be actively charging as indicated by the charging station.

NEW SECTION

WAC 174-116-261 Parking-Prohibited places.

(1) No vehicle may stop, stand or park so as to obstruct traffic along or upon any street or sidewalk or in any parking lot.

(2) No vehicle may park, stop or stand in a location likely to interfere with traffic flow except momentarily to pick up or discharge passengers.

(3) No vehicle may be parked on any lawn or grass areas except as required for maintenance or construction authorized by parking services.

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

NEW SECTION

WAC 174-116-262 Impounding and immobilization of vehicles.

(1) The expense of such impounding and storage will rest solely on the owner or permit holder of the vehicle. Neither the college nor its employees will be liable for loss or damage of any kind resulting from impounding and/or storage services provided by a private vendor.

(2) Any vehicle parked upon property of the college in violation of these regulations, including the motor vehicle and other traffic laws of the state of Washington, with at least three unpaid citations, with the oldest being at least thirty days old, may be either immobilized or impounded and removed for storage.

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

(4) If the vehicle is parked in a metered or timed space, notice of intent to impound will be posted on the vehicle for four hours prior to impound.

(5) Any vehicle that blocks, hinders, or obstructs a legally parked vehicle, crosswalk, sidewalk, disability access area, service drive, or loading zone may be cited, and after the college has made a reasonable attempt to contact the owner, the vehicle may be impounded immediately.

(6) Immobilization is defined as impounding the vehicle in place through the installation of a wheel boot, which is a device designed to prevent vehicles from being moved. It consists of a clamp that surrounds a vehicle wheel, and designed to prevent removal of both itself and the wheel. Release from in-place immobilization is contingent on payment of all outstanding fines and charges.

NEW SECTION

WAC 174-116-266 Disabled or inoperative vehicle.

No disabled or inoperative vehicle will be parked on the campus for a period in excess of seventy-two hours without approval of parking services. Vehicles which have been parked for periods in excess of seventy-two hours and which appear to be disabled or inoperative may be impounded and stored at the expense of the registered owner. It is the responsibility of the owner or permit holder of a disabled vehicle to notify police or parking services of the vehicle's location and estimated time of removal or repair. A valid parking permit or pass must be displayed on the disabled vehicle while it is parked on campus.

NEW SECTION

WAC 174-116-270 Access.

Privately owned motor vehicles will be driven only on those roadways designed and built for their use. Driveways and roads marked "service" may be used only by college employees in college-owned vehicles conducting official business, emergency vehicles, and authorized delivery vehicles. All other vehicles are prohibited from traveling or parking in these areas unless authorized by parking services. Brick-paved and other designated areas are for pedestrian and bicycle traffic only, except as needed for emergency vehicles or for maintenance of buildings or grounds. No person without authorization from the director of facilities or the director of police services will install, move, deface, or in any way change a sign, barricade, structure, marking or direction so placed, or previously placed, for the purpose of regulating traffic or parking.

NEW SECTION

WAC 174-116-275 Parking of motorcycles.

(1) Motorcycles are, for the purpose of these regulations, considered to be motor vehicles and are subject to all parking regulations.

(2) Motorcycles may be parked in designated motorcycle parking areas in addition to the stalls in the regular parking lots.

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

NEW SECTION

WAC 174-116-280 Citations, late fees and fines.

(1) Payment.

(a) Persons cited for violation of these regulations are required to pay a fine within ten days of the date of issuance of the citation. All parking fines and fees are due upon issuance. Thirty days after the issuance of the citation, a late fee will be added to the unpaid parking fine. For example, a parking citation issued on May 1st would be assessed a late fee on May 31st.

(b) All fines are payable at the cashier's office or other designated locations on campus. Fines may be paid in person or by telephone during normal business hours or by mail or online. The notice of citation, citation number or vehicle license plate number must accompany any fine payment.

(2) Types of citations:

(a) No valid permit;

(b) Overtime parking;

(c) Improper position;

(d) Parking in a restricted space;

(e) Disabled zone;

(f) Parked at painted curb;

(g) Prohibited zone;

(h) Obstructing traffic;

(i) Parking in bus zone;

(j) Fire lane;

(k) Parked on grass;

(l) Altered permit;

(m) Nondesignated parking space;

(n) Expired meter; and

(o) Wheel-lock.

(3) Fine amounts:

(a) When a citation is issued, fines are determined in accordance with a fine schedule. The fine schedule and the effective date thereof is approved by the vice-president for student affairs or their designee, and available in the parking services office and on the college web site.

(b) Adjustments: When mitigating circumstances exist, the vice-president for student affairs or their designee may reduce or dismiss fines.

(4) Unpaid fines. If any fine remains unpaid after sixty days from the date of the notice of citation, the account may be referred for collection and subject to the college policy for accounts receivable collection process.

(5) Appeals: Citations may be appealed by submitting a written appeal to parking services within ten calendar days of the date the citation was issued. Appeals must be submitted to parking services in person, mail, or using the college web site. If a timely appeal is not filed, the citation becomes final. Appeals will be reviewed by a board consisting of voting members from the following groups: Students, classified staff, faculty, and exempt staff. A parking services representative will act as a consultant to the board and will vote only to break a tie. The board may uphold or dismiss the citation. If the board upholds the citation, it may reduce the fine amount. In no event may the board impose a fine exceeding the amount set forth in the fine schedule. Within ten calendar days following the board's review, parking services will notify the appellant, by mail or by e-mail, of the board's determination. Additional appeal rights are governed by RCW 28B.10.560.

NEW SECTION

WAC 174-116-285 Severability.

If any provision of this chapter or its application to any person or circumstances is determined to be invalid, the remainder of the chapter and its application to other persons or circumstances is unaffected.

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 174-116-010	Purpose.
WAC 174-116-011	Regulations.
WAC 174-116-020	Authority.
WAC 174-116-030	Enforcement.
WAC 174-116-040	Parking permits-General information.
WAC 174-116-041	Parking permits-Special exceptions.
WAC 174-116-042	Parking permits-Special permits.
WAC 174-116-043	Parking permits-Issuance and display.
WAC 174-116-044	Parking permits-Validity periods.
WAC 174-116-046	Parking permits-Revocations.
WAC 174-116-050	Responsibility and presumption in reference to illegal parking.
WAC 174-116-060	Designated and assigned parking areas.
WAC 174-116-071	Parking-Prohibited places and fines.
WAC 174-116-072	Impounding of vehicles.
WAC 174-116-080	Access.
WAC 174-116-091	Special parking and traffic regulations and restrictions authorized.
WAC 174-116-092	Parking of motorcycles.
WAC 174-116-119	Fines.
WAC 174-116-121	Election to pay or contest a notice of infraction.
WAC 174-116-122	Appeal/hearing procedure.
WAC 174-116-123	Establishment of infraction review committee.
WAC 174-116-124	Jurisdiction of the infraction review committee.
WAC 174-116-125	Appeal/hearing procedure-Rules of evidence.
WAC 174-116-126	Appeal/hearing-Procedure-Review decision.
WAC 174-116-127	Appeal/hearing-Mitigation and suspension of fines.