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Hearing Examiner

BEL-HEX-2025-10-21 October 21, 2025 Public Hearing City of Bellingham 45 min
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The City of Bellingham Hearing Examiner conducted a virtual vehicle impound appeal hearing regarding Spencer Cutsforth's 2004 Toyota Tacoma, which was towed during the October 21, 2025 Bellingham Bay Marathon. The case centered on whether proper signage was in place when Cutsforth, a marathon participant, parked his vehicle on the 1200 block of Railroad Avenue at approximately 5 AM. City parking enforcement had placed 28 temporary no-parking signs along the block on October 18, plus one permanent retroreflective "Road to be Closed" sign. However, severe weather struck early on October 21, with winds gusting 20-30 mph between 1:45 AM and 7 AM, causing most temporary signs to blow down. When parking officers arrived at 6 AM, only six temporary signs remained standing, though officials maintained the minimum two signs required by Manual of Uniform Traffic Control Devices (MUTCD) standards were still in place. The appeal hearing revealed tensions between race organizer communications, which told participants they could "park anywhere downtown for free" except the Depot Market lot, and the city's need to clear the race route for safety. Approximately 10-12 vehicles were impounded from this single block, representing 2.9% of the 350 marathon participants according to city statistics. Hearing Examiner Sharon Rice will issue a written decision by November 4, 2025.

No formal votes were taken, as this was an administrative appeal hearing. The Hearing Examiner took the matter under advisement and will issue a written decision within 10 business days (by November 4, 2025). The decision will determine whether the $710.14 in towing and storage fees…

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The hearing addressed several policy implementation issues around special event parking enforcement. The city's approach involves placing temporary signs 72 hours in advance, but these recyclable cardstock signs proved vulnerable to weather events. Parking Code Compliance Officer Greg Coulter explained that while the city recommends event organizers place signs on every meter post, the temporary signs are "subject to wind and weather events" due to their environmentally-friendly design. A key tension emerged between race organizer messaging and city enforcement. The Bellingham Bay Marathon website instructed participants they could "park anywhere downtown for free" except the Depot Market lot, while the city had designated specific no-parking zones along the race route. Lieut…
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**Spencer Cutsforth (Appellant):** Argued he saw no no-parking signage when he parked at 5 AM as a race participant. Interpreted the "Road to be Closed" sign as indicating the street would be closed for racing but not prohibiting parking by race participants. Challenged both the legitimacy of the impound and the $710.14 in fees. **Greg Coulter (Parking Code Compliance):** Defended the impound as necessary for public safety, noting that 10-12 vehicles were towed from this block alone, which he characterized as "fairly consistent" with normal enforcement levels. Argued that 2.9% of marathon participants being impounded indicated individual ra…
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**Spencer Cutsforth, on race organizer communications:** "It says, bus loading and finish line location will be at the Depot Market Square. If you're leaving a car at the finish, you can park anywhere downtown for free." **Greg Coulter, on weather impact:** "On the morning of the 21st, at around 1.45 a.m, the weather turned from calm breezes of 5 to 7 miles an hour to gusts and rain up to 30 miles an hour, which lasted through to around 7 AM." **Greg Coulter, on signage adequacy:** "Followin…
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**November 4, 2025:** Hearing Examiner Sharon Rice must issue written decision (10 business days from hearing date) **Process:** Decision will be sent to city staff, who will forward it to all parties…

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The hearing established a complete factual record for the appeal, including testimony from all parties involved in the impound decision. The case now moves from the appeal phase to the decision phase, with the Hearing Examiner having 10 business days to determine whether the city's impound action and associated fees were ju…
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# Vehicle Impound Appeal: When Marathon Signs Fall Down **October 21, 2025** — A Bellingham marathon runner's Toyota Tacoma was towed from Railroad Avenue on race day morning, leading to a hearing that would illuminate the complex intersection of public safety, weather, and municipal event management. ## Meeting Overview Hearing Examiner Sharon Rice presided over the virtual hearing from her home office, one of nine jurisdictions she serves across western Washington. The case before her was straightforward in its facts but nuanced in its implications: Spencer Cutsforth, a marathon participant, appealed both the impoundment of his 2004 Toyota Tacoma and the $710.14 in towing and storage fees after his vehicle was removed from the 1200 block of Railroad Avenue during the Bellingham Bay Marathon. The hearing brought together the key players in what would become a case study in municipal event management under adverse conditions. Present were Greg Coulter from Parking Code Compliance, Lieutenant Dante Alexander from Bellingham Police, Chris Heston from the contracted towing company, and Cutsforth himself, all participating via Zoom on a Monday morning that felt more like a courtroom drama than routine administrative business. What made this case particularly compelling was the weather event that struck just hours before the marathon began — winds gusting up to 30 mph that toppled temporary signage and created the very scenario that municipal codes are designed to address but rarely anticipate in such stark terms. ## The Setup: Marathon Logistics Meet Mother Nature Greg Coulter's testimony painted a picture of meticulous preparation. Working with Lieutenant Alexander, parking enforcement had identified all areas requiring temporary no-parking restrictions for the marathon route. The 1200 block of Railroad Avenue was particularly critical — it would be the second block of the race where approximately 1,000 runners would pass just after 9 AM. "We were given areas and applicable times for all the no parking signage that would be put up by the Bellingham Bay Marathon event staff," Coulter explained, referring to detailed route maps included in the hearing packet. The block in…
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### Meeting Overview The City of Bellingham Hearing Examiner heard an appeal on October 21st, 2025, from Spencer Cutsforth challenging the impound of his 2004 Toyota Tacoma and associated fees following the Bellingham Bay Marathon. The vehicle was towed from the 1200 block of Railroad Avenue, where temporary "no parking" signs had been posted for the race but were blown down by high winds during the early morning hours. ### Key Terms and Concepts **Hearing Examiner:** An independent attorney hired by the city to conduct quasi-judicial hearings and make decisions on appeals like vehicle impounds, land use permits, and code enforcement matters. **MUTCD (Manual of Uniform Traffic Control Devices):** Federal guidelines that establish minimum standards for traffic signs, signals, and road markings to ensure consistency and safety. **Vehicle Impound Appeal:** A legal process allowing vehicle owners to challenge the validity of their vehicle being towed and the associated fees through a formal hearing. **Retroreflective Sign:** A road sign with special coating that reflects vehicle headlights back to the driver, making it highly visible in dark conditions. **Class A Tow:** The smallest classification for towed vehicles, typically passenger cars and light trucks, with specific state-regulated fee structures. **Burden of Proof:** In impound appeals, the appellant (vehicle owner) must prove the city's impound action was improper or wrong. **State-Regulated Towing Rates:** Fees for police-ordered tows are set by Washington State using the Consumer Price Index, updated every six months to ensure fairness. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | City of Bellingham Contract Hearing Examiner | | Spencer Cutsforth | Appellant (vehicle owner) | | Greg Coulter | City Parking Code Compliance Officer | | Lieutenant Dante Alexander | Bellingham Police Department Special Operations | | Chris Heston | Owner, Heston Hauling and Heston Towing | ### Background Context The Bellingham Bay Marathon is an annual running event that requires temporary street cl…
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