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Hearing Examiner

BEL-HEX-2025-10-29 October 29, 2025 Public Hearing City of Bellingham
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Nicholas Fields appealed the impound of his 2022 Subaru Outback during the September 21, 2025 Bellingham Bay Marathon. Fields, a marathon participant, parked on the 1200 block of Railroad Avenue around 6 AM before taking a shuttle to the race start. When he returned after completing the 26.2-mile race, his vehicle had been towed along with numerous others. The case centers on whether adequate no-parking signage was present when Fields parked. City staff had posted 28 temporary no-parking signs on parking meters 72 hours prior, but severe weather the night before the marathon — with wind gusts up to 30 mph and heavy rain — destroyed most signage. Only 6 of the original 28 signs remained upright when parking enforcement arrived at 6 AM. City officials proceeded with impounds based on federal MUTCD guidelines requiring minimum signage, public safety concerns for runners, and the presence of a large retroreflective "road closed" sign. Fields argued he saw no clear no-parking indicators when he parked, noting that race organizers explicitly told participants they could "park anywhere downtown for free." The hearing examiner took the matter under advisement, with a decision due November 13. This represents one of 11 appeals from 32 total vehicle impounds that day — an unusually high appeal rate for such events, according to city testimony.

**Primary Action:** Vehicle impound appeal hearing held for Nicholas Fields regarding 2022 Subaru Outback impounded during Bellingham Bay Marathon. **Impound Details:** - **Vehicle:** 2022 Subaru Outback - **Location:** 1200 block of Railroad Avenue - **Date/Time:** September 21, 2025, approximately 7:30 AM - **Fees:** $400 (towing), $50.50 (hal…

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**Signage Standards and Weather Impact** City staff explained federal MUTCD guidelines governing no-parking signage. According to Section 2B.53, single signs may provide sufficient notice without requiring clear start/stop zone markers. The city had posted 28 temporary signs on meter posts 72 hours in advance, but severe weather destroyed most signage overnight. Parking Code Compliance Officer Greg Coulter testified about the balance between adequate signage and over-signage, noting MUTCD actually discourages excessive signing as it can create confusion. The city's standard practice varies: single signs for blocks without driveways, minimum two signs for blocks with driveway cutouts. **Public Safety vs. Due Process** Lieutenant Dante Alexander emphasized safety concerns for r…
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**Nicholas Fields (Appellant):** Marathon participant who parked around 6 AM, saw no clear no-parking signage, relied on race organizer instructions stating he could park anywhere downtown for free. Argued signage was inadequate due to weather damage and that the retroreflective "road closed" sign doesn't constitute a no-parking notice. **Greg Coulter (Parking Code Compliance Officer):** Defended city's compliance with MUTCD standards, noting that even with most signs down, remaining signage was legally sufficient. Acknowledged the challenging balance between adequate and excessive sig…
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**Nicholas Fields, on race organizer communications:** "We were all given explicit communication by the marathon organizers that, and this is found in the documentation, that we can park anywhere downtown for free." **Greg Coulter, on signage philosophy:** "The reality is that the expectation is, is as you're driving a motor vehicle, you are in charge of a potentially dangerous machine, and being aware of your surroundings as you're, piloting that vehicle is necessary." **Lieutenant Dante Al…
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**November 13, 2025:** Written decision due from Hearing Examiner Sharon Rice to be forwarded to parties by email. **Future Marathon Coordination:** Lieutenant Alexander committed to requesting race organizers include parking restriction maps in future communications to prevent similar confusion. …

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Following this hearing, the city has specific testimony on record about MUTCD signage standards and their application during weather events. The hearing examiner now has documentation of communication gaps between race organizers and city parking enforcement that contributed to participant confusion. The case established precedent for how federal MUTCD guideline…
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## Meeting Overview On October 29, 2025, at 1:00 PM, City of Bellingham Hearing Examiner Sharon Rice convened via Zoom to hear an appeal of a vehicle impound. The case, filed as HE25VI-039, involved Nicholas Fields challenging the impound of his 2022 Subaru Outback during the Bellingham Bay Marathon on September 21, 2025. The hearing brought together city parking enforcement officers, police personnel, the towing company owner, and the appellant to examine whether proper signage justified the emergency vehicle removal from Railroad Avenue. What made this case particularly notable was its connection to a larger controversy — this was one of eleven appeals filed from a single day when 32 vehicles were impounded from the marathon route after severe weather knocked down most temporary no-parking signs. The hearing would examine the intersection of public safety, legal notice requirements, and the practical challenges of managing large public events during adverse weather conditions. ## The Emergency Impound Operation Greg Coulter, a Parking Code Compliance Officer with Bellingham Public Works, painted a picture of careful preparation that was derailed by nature. "Because this is a large-scale event, often, well, a few times a year, Bellingham Police Department contacts City Bellingham Parking to assist with clearing an event route ahead of time," Coulter explained. The city had extensive experience with events like the Memorial Day Parade and Pride Parade, but the Bellingham Bay Marathon presented unique challenges due to its expansive downtown route. The preparation had been methodical. Per city policy for permitted right-of-way usage, temporary no-parking signs were posted 72 hours in advance on the evening of September 18th — a total of 28 signs placed on parking meter posts along the 1200 block of Railroad Avenue. Parking enforcement verified the signs were in place on both September 19th and 20th. Additionally, because this block was the first section of both the 10K and half-marathon routes, the city installed a large 2-foot by 3-foot retroreflective road closure sign with traffic c…
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### Meeting Overview The Bellingham Hearing Examiner held a vehicle impound appeal hearing on October 29, 2025, considering Nicholas Fields' challenge to the impound of his 2022 Subaru Outback during the Bellingham Bay Marathon on September 21, 2025. ### Key Terms and Concepts **Hearing Examiner:** An independent attorney who decides appeals from city decisions, including vehicle impounds. Sharon Rice serves as Bellingham's contract Hearing Examiner. **MUTCD (Manual on Uniform Traffic Control Devices):** Federal guidelines that govern traffic signage requirements, including no parking signs. **Retroreflective signage:** Signs made with special material that reflects vehicle headlights directly back to drivers, designed for maximum visibility in low-light conditions. **Class A tow truck:** Heavy-duty towing equipment required for all-wheel drive vehicles to prevent transmission damage during towing. **Burden of proof:** The legal requirement that the appellant (vehicle owner) must demonstrate error in the impound decision. **R8 series signs:** Federal designation for no parking signs under MUTCD guidelines. **Right-of-way usage permit:** City authorization required for events that use public streets and may require parking restrictions. **Registered tow truck operator official fees:** State-mandated fee schedule that all municipal towing contractors must follow. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | Bellingham Hearing Examiner | | Nicholas Fields | Appellant/Marathon participant | | Greg Coulter | City Parking Code Compliance Officer | | Lieutenant Dante Alexander |…
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Public Safety Transportation & Infrastructure Government Operations Bellingham Bay Marathon Bellingham Police Department City Of Bellingham Public Works Heston Towing Chris Heston Dante Alexander Greg Coulter Nicholas Fields Sharon Rice Administrative Hearings Government Operations Parking Enforcement Public Safety Transportation Policy Weather Emergency