City of Bellingham Hearing Examiner

**Federal Traffic Control Standards vs. Reasonable Notice:** The central policy issue involved application of the Manual of Uniform Traffic Control Devices (MUTCD), which parking enforcement cited as allowing one no-parking sign per block to cover all spaces on that side. Greg Coulter testified that under MUTCD standards, "if there is one no parking sign on that side of the block, then that qualifies as being no parking for the entire block." **Weather Impact on Event Management:** The case exposed challenges in maintaining temporary signage during severe weather events. Lieutenant Alexander noted that winds began around 1:00 AM, with signs documented blowing down by 3:45 AM based on…

**James Lee (Vehicle Owner):** Argued the impound was invalid because no visible signage indicated parking restrictions when he parked around 2:30-2:45 AM. Emphasized he was unaware of the marathon and had no parking violation history. Questioned whether drivers should be expected to walk entire blocks searching for no-parking signs when permanent signage indicates legal parking. **Greg Coulter (Parking Code Compliance Officer):** Defended the impound under MUTCD standards, arguing federal guidelines support enforcement when any no-parking sign is posted on a block. Acknowledged the specific sign near Lee's vehicle was found face-down but maintained that weather conditions made it unlikely signs were down when Lee parke…

**Sharon Rice (Hearing Examiner), on evidence standards:** "I am limited to considering evidence that's admitted before the close of the record. The record will end... it will close at the end of this hearing." **Greg Coulter, on enforcement standards:** "The reality is, if you're parking on a block per the MUTCD, if there is one no parking sign on that side of the block, then that qualifies as being no parking for the entire block." **James Lee, on reasonable notice expectations:** "I don't…

**Case Under Advisement:** The vehicle impound appeal moved from active hearing phase to pending decision status, with the Hearing Examiner reviewing evidence and testimony to determine validity of the impound. **Enhanced Record:** Two additional photographs were added to the evidence record during the hearing, providing visual context of the vehicle's position relative to parking signage and the blown-down no-parking sign. …

### Meeting Overview The City of Bellingham Hearing Examiner conducted an impound appeal hearing on October 10, 2025, presided over by Hearing Examiner Sharon Rice. The case (HE25-VI-043) involved James Lee challenging the validity of his 2015 Toyota Camry being towed during the Bellingham Bay Marathon on September 21, 2025, from the 200 block of East Laurel Street. ### Key Terms and Concepts **Hearing Examiner:** An independent attorney who works on contract with multiple cities and counties to hear appeals and make legal decisions on municipal matters like parking violations and impounds. **MUTCD (Manual of Uniform Traffic Control Devices):** Federal guidelines adopted by municipalities that dictate how traffic control signs, including no-parking signs, must be placed and what areas they cover. **Impound Appeal:** A formal legal process where vehicle owners can challenge the validity of their car being towed by the city, requiring payment of an appeal fee and presentation of evidence. **No-Parking Towaway Zone:** Temporary parking restrictions established for special events, typically requiring 72-hour advance posting of signs warning that vehicles will be towed. **State-Approved Towing Rates:** Standardized fees mandated by Washington State and calculated using the Consumer Price Index to ensure fair and consistent towing charges across all operators. **Road Closure Barricades:** Physical barriers placed across streets during events to prevent vehicle access, distinct from no-parking signs which prohibit parking but may still allow through traffic. **Registered Tow Truck Operator:** A towing company licensed by the state with predetermined fee structures for different classes of tow trucks and storage services. **Close of Record:** The point at which no additional evidence can be submitted in a legal proceeding, after which the decision-maker reviews only what was presented during the hearing. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | Hearing Examiner (Contract Attorney) | | James Lee | Appellant (Vehicle Owner) | | Greg Coulter | Parking Code Compliance Officer 1, City of Bellingham | | Lieutenant Dante Alexander | Special Operations Lieutenant, Bellingham Police Department | | Chris Heston | Owner, Heston Hauling and Heston Towing | | Christy Bowker | City Clerk/Administrative…