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Hearing Examiner

BEL-HEX-2025-10-31 October 31, 2025 Public Hearing City of Bellingham
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The City of Bellingham Hearing Examiner conducted a vehicle impound appeal hearing for Alex Westbrook, who challenged both the validity of his pickup truck's impound and the associated $710.14 in towing and storage fees. The vehicle was towed on October 21, 2025, during pre-event route clearing for the Bellingham Bay Marathon from East Laurel Street between Railroad and State Street. The case centered on whether adequate signage was posted to justify the impound, particularly given that severe weather overnight on October 20-21 damaged or destroyed some temporary no-parking signs. City staff testified that 11 temporary signs were originally placed on the block 72 hours in advance, with at least four signs remaining on the appellant's side of the street at the time of impound. However, the appellant argued the single visible sign near his parking spot was inadequate notification, especially for nighttime parking during poor weather conditions. The hearing revealed broader challenges with temporary event signage in downtown areas that lack individual parking meters, forcing reliance on shared signage poles. Both police and parking enforcement testified about the safety imperative of clearing marathon routes, while the appellant argued the signage standards were insufficient given the severity of a $700+ impound penalty. Hearing Examiner Sharon Rice took the matter under advisement with a decision due November 17, 2025.

**No formal decisions were made** - this was a quasi-judicial hearing with testimony taken under oath. The Hearing Examiner will issue a written decision by November 17, 2025, determining whether to uphold or reverse the impound and associated fees. **Evidence Presented:** - City established that tem…

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The hearing highlighted significant issues with temporary event signage protocols in downtown areas. City staff explained they follow federal Manual of Uniform Traffic Control Devices (MUTCD) guidelines, specifically section 2B.53 for R8-series no-parking signs, which allow single signs to cover multiple parking spaces rather than requiring individual signage per space. Parking Code Compliance Officer Greg Coulter testified that the city "over-signs" by placing temporary signs on every available fixture, but East Laurel Street's lack of individual parking meters limited placement options to shared poles. The city relies on one sign covering from mid-block driveways to street ends, consistent with residential street practices. The weather event created a natural experiment in signage durability. Coulter noted that while the city verified all sig…
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**Alex Westbrook (Appellant):** Argued the impound was unjustified due to inadequate signage visibility during nighttime parking in poor weather conditions. Emphasized he was an out-of-town visitor unfamiliar with the area who parked around 9 PM in rain and wind. Questioned whether single non-reflective signage was sufficient notice for such severe penalties, suggesting individual space markers would be more appropriate. **Greg Coulter (City Parking Enforcement):** Defended the city's signage protocols as compliant with federal MUTCD guidelines and adequate under the circumstances. Noted that even permanent street sweeping signs in the same location result in 20-30 monthly tows and 100-150 tickets, indicating ongoing compliance challenges regardless of signage quantity. **Lieutenant Dan…
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**Sharon Rice (Hearing Examiner), on procedure:** "It is my duty to take the record, which will be composed of both documents and testimonial evidence, and to determine whether the appellant succeeds in showing that there was error in the impound and or in the sewing and storage fees." **Greg Coulter, on federal signage guidelines:** "Per the MUTCD, only one of these types of signs is necessary to cover an area of parking, whether that is one individual stall or an entire city block." **Alex…
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**November 17, 2025:** Written decision due from Hearing Examiner Sharon Rice determining whether to uphold or reverse the impound and associated fees. **Ongoing:** Continued downtown parking meter insta…

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The hearing established a formal record for judicial review of the city's temporary event signage protocols during adverse weather conditions. The case raised specific questions about the adequacy of federal MUTCD guidelines for municipal enforcement in scenarios involving severe weather, nighttime parking, and non-resident drivers. The testimony revealed the practical challenges of balancing signage visibility with …
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## Meeting Overview On the afternoon of October 31, 2025, Bellingham Hearing Examiner Sharon Rice convened a vehicle impound appeal hearing in the case of Alex Westbrook versus the City of Bellingham. The proceeding, conducted via Zoom with participants joining by video and phone, centered on Westbrook's challenge to both the validity of his pickup truck's impoundment and the associated $710.14 in towing and storage fees. The case arose from the October 21, 2025 Bellingham Bay Marathon, when Westbrook's vehicle was among numerous cars towed from downtown streets to clear race routes. What began as a routine administrative hearing soon revealed the complex intersection of public safety planning, municipal signage practices, and the real-world challenges faced by out-of-town visitors navigating temporary parking restrictions during major civic events. The hearing brought together city parking enforcement officers, a police lieutenant, a towing company owner, and a frustrated motorist from Snohomish, each offering their perspective on what constitutes adequate notice for parking restrictions that carry severe financial consequences. ## The Marathon Morning Clearing Operation The foundation of the city's case was presented by Greg Coulter, a Parking Code Compliance Officer who painted a picture of extensive pre-event preparation for the Bellingham Bay Marathon. "A few times a year for some of the larger-scale events that are put on through the Permits Office with the City of Bellingham, we are contacted, or in contact with the police department, primarily Lieutenant Dante Alexander with City of Bellingham Police, to arrange for assistance in clearing routes prior to events happening," Coulter explained. The marathon route included East Laurel Street between Railroad and North State Street, a one-block section that connected to the South Bay Trail and would see approximately 1,500 racers pass through twice during the event. According to Coulter, temporary no-parking signs were posted 72 hours in advance, with 11 signs placed on this particular block using existing paid parking poles as fixture points. But nature had other plans. Coulter described arriving at 6 AM on race morning to discover that a significant weather event had occurred overnight. Weather data from Bellingham International Airport showed wind gusts that escalated throughout the night, with pink numbers indicating gusts reaching concerning levels. "When we arrived on site, we did notice th…
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### Meeting Overview On October 31, 2025, Hearing Examiner Sharon Rice conducted a vehicle impound appeal hearing for Alex Westbrook, who challenged the impound of his 2008 pickup truck during the Bellingham Bay Marathon on October 21, 2025. The hearing addressed both the validity of the impound and $710.14 in towing and storage fees charged by Heston Towing. ### Key Terms and Concepts **Hearing Examiner:** An attorney who works on contract to hear and decide vehicle impound appeals and other administrative matters for the City of Bellingham and other jurisdictions. **MUTCD (Manual on Uniform Traffic Control Devices):** Federal guidelines that establish standards for traffic signage, including placement, visibility, and coverage requirements for no-parking zones. **R8-3 Sign:** A non-arrowed "No Parking" sign that can cover multiple parking spaces or an entire block under MUTCD guidelines, without needing to designate specific beginning and end points. **Class A Tow Truck:** The largest category of tow truck, which commands a $400 minimum charge for the first hour under Washington State's registered tow truck operator fee schedule. **Police Impound:** A vehicle towing authorized by law enforcement or parking enforcement, which qualifies for specific state-regulated fee structures. **Registered Tow Truck Operator:** A towing company licensed by Washington State that must follow official fee schedules set annually through the Consumer Price Index. ### Key People at This Meeting | Name | Role / Affiliation | |---|---| | Sharon Rice | Hearing Examiner | | Alex Westbrook | Appellant (vehicle owner) | | Greg Coulter | Parking Code Compliance Officer, City of Bellingham | | Lt. Dante Alexander | Special Operations Lieutenant, Bellingham Police | | Chris Heston | Owner, Heston Hauling and Heston Towing | | Raul Murillo Delgado | Parking Operations Supervisor, City of Bellin…
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Government Operations Transportation & Infrastructure Bellingham Police Department Bellingham Public Works Heston Hauling Mutcd Alex Westbrook Chris Heston Dante Alexander Greg Coulter Raul Murillo Delgado Sharon Rice Place East Laurel Street Bellingham Bay Marathon Downtown Parking Federal Guidelines Governance Administration Hearing Examiner Parking Enforcement Public Safety Temporary Signage Towing Fees Vehicle Impound Weather Events