Hearing Examiner

The central policy issue involves interpretation of temporary no-parking sign requirements under the Manual on Uniform Traffic Control Devices (MUTCD). Officer Mays testified that MUTCD standards require only two signs per block to prohibit parking on the entire block, while Fermo argued that drivers should reasonably expect each restricted parking space to have its own sign. This case highlights tensions between public safety requirements for special events and public understanding of parking restrictions. The marathon required clearing Railroad Avenue for thousands of runners, with the city ultimately towing approximately 30 vehicles despite multiple advance wa…

**Scotty Fermo (Appellant):** Argued his vehicle was legally parked because no sign was directly on his meter, only on an adjacent meter. Cited marathon website encouraging downtown parking and questioned whether drivers can reasonably be expected to know that signs on adjacent meters apply to entire blocks. Noted other vehicles remained parked after the race, suggesting the area wasn't critical for runner safety. **Stephanie Mays (Parking Code Compliance Officer 2):** Defended the impound as lawful under MUTCD standards requiring only two signs per block. Emphasized that drivers must be aware of…

**Fermo, on sign interpretation:** "If there's no sign on the spot in front of me, I generally look at that and say, well, that's a valid parking spot. The one next to it, of course, isn't, because the sign's in front of that." **Fermo, on website guidance:** "The event coordinator website said something like, if you're leaving your car, then I'll quote, if you're leaving your car at the finish line, you can park anywhere downtown for free." **Mays, on driver responsibility:** "It is up to t…

Before this hearing, the city had collected $710.14 in towing fees from Scotty Fermo for his vehicle impounded during the marathon. After the hearing, the matter is under formal review with a written decision pending that could either uphold the impound as lawful or order reimbursement of all fees. The hearing created an official record establishing the city's position that MUTCD standards requiring only two signs per block are sufficient notice, while documenting Fermo's a…

### Meeting Overview City of Bellingham Hearing Examiner Sharon Rice conducted an impound appeal hearing for Scott Fermo, whose vehicle was towed during the September 21, 2025 Bellingham Bay Marathon. The hearing examined whether the towing was valid under temporary no-parking restrictions established for the marathon route. ### Key Terms and Concepts **Hearing Examiner:** An independent attorney who conducts administrative hearings for the City of Bellingham on matters like impound appeals, providing due process outside the regular court system. **MUTCD (Manual on Uniform Traffic Control Devices):** Federal standards that govern traffic signs and signals, requiring at least two temporary no-parking signs per block to establish valid restrictions. **Police Tow/Law Enforcement Tow:** Category of tow ordered by city parking enforcement that qualifies for specific state-regulated fees, as opposed to private property or accident tows. **Temporary No-Parking Signs:** Paper signs placed by event organizers to restrict parking during special events, which have the same legal force as permanent signs when properly posted. **After-Hours Fee:** Additional charge applied when vehicles are retrieved outside normal business hours (weekends, holidays, or after 5 PM weekdays). **Impound Appeal:** Administrative process allowing vehicle owners to challenge the validity of a tow and potentially recover towing and storage fees. **Class A Tow Truck:** Smallest category of tow truck with minimum hourly rates set by Washington State for police-ordered tows. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | Hearing Examiner (Contract Attorney) | | Scott "Scotty" Fermo | Appellant (Marathon Participant) | | Stephanie Mays | Parking Code Compliance Officer 2 | | Chris Heston | Owner, Heston Hauling (Towing Company) | | Ms. Bowker | City Staff (Administrative Support) | ### Background Context The Bellingham Bay Marathon is a major annual …