057-21 - Ordinance - Amending Section 2.16.030 and Chapter 10.12 for Civil InfractionsORDINANCE NO. 057-21
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
CLARIFYING THE AUTHORITY OF CERTAIN OFFICIALS TO WRITE CIVIL
INFRACTIONS RELATING TO TRAFFIC ENFORCEMENT; AMENDING PORT
ORCHARD MUNICIPAL CODE SECTION 2.16.030, AND CHAPTER 10.12;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, ESSSB 5051, which took effect July 25th 2021, places limited commission
officers under the accountability structure for peace officers, requiring them to become reserve
officers of the commissioning law enforcement agency, subject to law enforcement employment,
supervision, policies and accountability; and
WHEREAS, non -sworn police department professional staff, who do not have law
enforcement authority, have a valid regulatory purpose in the issuance of civil infractions related
to their governmental function; and
WHEREAS, the City relies upon the enforcement functions of non -sworn police department
professional staff for the health and safety of its citizens and to support the vital infrastructure of
city government; and
WHEREAS, the City has a strong governmental interest in ensuring the continuity of these
services and the continued authority of these staff to enforce traffic infractions; and
WHEREAS, the City Council finds that given the legislative changes under ESSB 5051, the City
should clarify the authority of non -sworn police department professional staff to continue in their
authority to issue civil infractions related to traffic enforcement; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Port Orchard Municipal Code 2.16.030 is hereby amended to read as follows:
2.16.030 Positions designated.
In addition to the chief of police, the police department shall be staffed by regular
commissioned personnel in such numbers and ranks as shall be deemed necessary by the city
council pursuant to its adopted budget.
The department may be supplemented by such support personnel, and non -sworn
parking enforcement staff, as would be required to aid in the everyday operations of a police
department. Such support personnel and non -sworn parking enforcement staff shall not be
commissioned officers.
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SECTION 2. Port Orchard Municipal Code 10.12.030 is hereby amended to read as
follows:
10.12.030 Police administration.
There is established in the police department of the city of Port Orchard a traffic division
employing non -sworn professional staff under the control of the chief of police, authorized to
enforce traffic infractions.
SECTION 3. Port Orchard Municipal Code 10.12.085 is hereby amended to read as
follows:
10.12.085 Chain oarkine prohibited.
It shall be unlawful for any person to move and repark any vehicle within two blocks of
the original parking space in order to avoid the parking time limit regulation on Bay Street (State
Route 166) from Orchard Avenue to Harrison Avenue; Sidney Street from Prospect Street to the
waterfront; and Frederick Avenue from Prospect Street to the waterfront. For purposes of this
section, a "block" shall be defined as a city street or alley section located between consecutive
intersections. Violation of this section is a Class C traffic infraction.
SECTION 4. Port Orchard Municipal Code 10.12.090 is hereby amended to read as
follows:
10.12.090 Obedience to angle -parking signs or markings.
(1) Upon those highways which have been signed or marked for angle -parking, no person
shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated
by such signs or markings. (WAC 308-330-430)
(2) Violation of this section is a Class A traffic infraction.
SECTION 5. Port Orchard Municipal Code 10.12.100 is hereby amended to read as
follows:
10.12.100 Police car zones.
(1) When signs are erected by the city engineer giving notice thereof, no person shall stop,
stand, or park a vehicle other than a police car or an parking enforcement vehicle in a police car
zone when any such zone has been officially designated by the city engineer; except, the driver
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of a passenger vehicle may temporarily stop there for the purpose of or while actually engaged
in loading or unloading passengers when such stopping or standing does not interfere with any
police car waiting to enter or about to enter such stop.
(2) Violation of this section is a Class A traffic infraction.
CFrTInN A
follows:
10.12.110
permit.
Port Orchard Municipal Code 10.12.110 is hereby amended to read as
Violation of narking in space for individuals with disabilities parkin
It is a traffic infraction, with a monetary penalty as provided for in RCW 46.19.050(4), as
amended, for any persons to park a vehicle in a parking place provided on private property
without charge or on public property reserved for persons with physical disabilities without a
special license plate or placard issued pursuant to RCW 46.19.050 or 46.19.070 or
Chapter 46.19 RCW. If a person is charged with a violation, the person shall not be determined
to have committed an infraction if the person produces in court or before the court appearance
the special license plate or placard required under this section. In addition to any penalty or fine
imposed under Chapter 46.19 RCW, $200.00 shall be assessed.
SECTION 7. Port Orchard Municipal Code 10.12.120 is hereby amended to read as
follows:
10.12.120 Yellow curbs.
(1) Yellow painted curbs indicate no parking zones. No person shall park a vehicle adjacent
to a painted yellow curb.
(2) Violation of this section is a Class A traffic infraction.
SECTION 8. Port Orchard Municipal Code 10.12.130 is hereby amended to read as
follows:
10.12.130 Parking not to obstruct traffic.
(1) No person shall park a vehicle upon a highway in such a manner or under such
conditions as to leave available less than 10 feet of the width of the roadway for free movement
or vehicular traffic.
(2) No person shall stop, stand, or park a vehicle within an alley in such position as to
block the driveway entrance to any abutting property. (WAC 308-330-433)
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(3) Violation of this section is a Class A traffic infraction.
SECTION 9. Port Orchard Municipal Code 10.12.150 is hereby amended to read as
follows:
10.12.150 Expired registrations.
(1) No motor vehicle or trailer may park on city right-of-way without license plates with
current registration tags attached to that license plate.
(2) Violation of this section is a Class B traffic infraction.
SECTION 10. Port Orchard Municipal Code 10.12.160 is hereby amended to read as
follows:
10.12.160 Parking for certain purposes unlawful.
(1) No person shall park any vehicle upon any highway for the purpose of:
(a) Displaying advertising;
(b) Displaying such vehicle for sale;
(c) Selling merchandise from such vehicle, except when authorized.
(2) No person shall park any vehicle upon any roadway for the principle purpose of
washing, greasing, or repairing such vehicle except repairs necessitated by an emergency.
(WAC 308-330-436)
(3) Violation of this section is a Class A traffic infraction.
SECTION 11. Port Orchard Municipal Code 10.12.170 is hereby amended to read as
follows:
10.12.170 Inoperable automobiles.
(1) No motor vehicle that is inoperable for such reasons as an inoperable engine,
transmission failure, flat tire, missing windows, shattered windshield glass that impairs the
driver's visibility, or other deficiency, shall park on city right-of-way for more than seven
consecutive days.
(2) Violation of this section is a Class A traffic infraction.
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SECTION 12. Port Orchard Municipal Code 10.12.180 is hereby amended to read as
follows:
10.12.180 Obliterating tire markings.
(1) It is unlawful to conceal, obliterate, or erase markings on vehicle tires where said
markings were made by a parking enforcement officer for the purpose of recording the period of
time a vehicle is stopped in a parking zone.
(2) Violation of this section is a Class A traffic infraction.
SECTION 13. Port Orchard Municipal Code 10.12.190 is hereby amended to read as
follows:
10.12.190 Standing in passenger loading zone.
(1) No person shall stop, stand, or park a vehicle for any purpose or period of time other
than for the expeditious loading or unloading of passengers in any place marked as a passenger
loading zone during hours when the regulations applicable to the loading zone are effective, and
then only for a period not to exceed three minutes. (WAC 308-330-439)
(2) Violation of this section is a Class A traffic infraction.
SECTION 14. Port Orchard Municipal Code 10.12.200 is hereby amended to read as
follows:
10.12.200 Standing in loading zone.
(1) No person shall stop, stand, or park a vehicle for any purpose or period of time other
than for the expeditious unloading and delivery or pickup and loading of property in any place
marked as a loading zone during hours when the provisions applicable to such zone are in effect.
In no case shall the stop for loading and unloading of property exceed 30 minutes.
(2) The driver of a vehicle may stop temporarily at a loading zone for the purpose of and
while actually engaged in loading or unloading passengers when such stopping does not interfere
with any vehicle which is waiting to enter or about to enter such zone to load or unload property.
(WAC 308-330-442)
(3) Violation of this section is a Class A traffic infraction.
SECTION 15. Port Orchard Municipal Code 10.12.210 is hereby amended to read as
follows:
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10.12.210 Standing in a tow -away zone.
(1) No person shall stop, stand, or park a vehicle in a place marked as a tow -away zone
during hours when the provisions applicable to such zone are in effect. (WAC 308-330-445)
(2) Violation of this section is a Class A traffic infraction.
SECTION 16. Port Orchard Municipal Code 10.12.220 is hereby amended to read as
follows:
10.12.220 Violating permits for loading or unloading at an angle to the curb.
(1) It shall be unlawful for any permittee or other person to violate any of the special
terms or conditions of any permit issued by the traffic division for the backing of a vehicle to the
curb for the purpose of loading or unloading property (WAC 308-330-448).
(2) It shall be unlawful for any permittee or other person to violate any of the special
terms or conditions of any parking pass issued by the traffic division.
(3) Violation of this section is a Class A traffic infraction.
SECTION 17. Port Orchard Municipal Code 10.12.230 is hereby amended to read as
follows:
10.12.230 Standing or parking on one-way roadways.
(1) In the event a highway includes two or more separate roadways, no person shall stand
or park a vehicle upon the left-hand side of such one-way roadway unless signs are erected to
permit such standing or parking. (WAC 308-330-451)
(2) Violations of this section is a Class A traffic infraction.
SECTION 18. Port Orchard Municipal Code 10.12.240 is hereby amended to read as
follows:
10.12.240 Standing, stopping, and parking of buses and taxicabs regulated.
(1) The operator of a bus shall not stand or park such vehicle upon any highway at any
place other than a designated bus stop. This provision shall not prevent the operator of a bus
from temporarily stopping in accordance with other stopping, standing, or parking regulations at
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any place for the purpose of and while actually engaged in the expeditious loading or unloading
of passengers and their baggage.
(2) The operator of a taxicab shall not stand or park such vehicle upon any highway at any
place other than a designated taxicab stand. This provision shall not prevent the operator of a
taxicab from temporarily stopping in accordance with other stopping, standing, or parking
regulations at any place for the purpose of and while actually engaged in the expeditious loading
or unloading of passengers and their baggage. (WAC 308-330-454)
(3) Violation of this section is a Class A traffic infraction.
SECTION 19. Port Orchard Municipal Code 10.12.250 is hereby amended to read as
follows:
10.12.250 Restricted use of bus stops and taxicab stands.
(1) No person shall stop, stand, or park a vehicle other than a bus in a bus stop, or other
than a taxicab in a taxicab stand when any such stop or stand has been officially designated and
appropriately signed, except the driver of a passenger vehicle may temporarily stop there for the
purpose of, or while actually engaged in, loading or unloading passengers when such stopping
does not interfere with any bus or taxicab waiting to enter or about to enter such stop or stand.
(WAC 308-330-457)
(2) Violation of this section is a Class A traffic infraction.
SECTION 20. Port Orchard Municipal Code 10.12.260 is hereby amended to read as
follows:
10.12.260 Right-of-way for parking.
(1) The driver of any vehicle who first begins driving or maneuvering his/her vehicle into
a vacant parking space shall have a prior right-of-way to park in such place, and it shall be
unlawful for another driver to attempt to deprive him/her thereof by blocking his/her access or
otherwise. For the purpose of establishing right-of-way in this section it shall be considered
proper to back into any but a front -in angle parking space. (WAC 308-330-460)
(2) Violation of this section is a Class A traffic infraction.
SECTION 21. Port Orchard Municipal Code 10.12.270 is hereby amended to read as
follows:
10.12.270 Stopping, standing and parking.
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(1) Except when necessary to avoid conflict with other traffic or in compliance with law
or the directions of a police officer or official traffic control device, no person shall:
(a) Stop, park, or leave standing any vehicle, whether attended or unattended,
upon the roadway.
(b) Stop, stand, or park a vehicle:
(i) On the roadway side of any vehicle stopped or parked at the edge of a
curb of a street;
(ii) On a sidewalk, curb, or street planting strip;
(iii) Within an intersection;
(iv) On a crosswalk;
(v) Alongside or opposite any street excavation or obstruction when
stopping, standing, or parking would obstruct traffic;
(vi) Upon any bridge or other elevated structure upon a highway or within
a highway tunnel;
(vii) On any railroad tracks; or
(viii) In the area between roadways of a divided highway including
crossovers.
(c) Stand or park a vehicle, whether occupied or not, except momentarily to pick
up or discharge a passenger or passengers:
(i) In front of a public or private driveway or within five feet of the end of
the curb radius leading thereto;
(ii) Within 15 feet of a fire hydrant;
(iii) Within 20 feet of a crosswalk;
(iv) Within 30 feet upon the approach to any flashing signal, stop sign, yield
sign, or traffic control signal located at the side of a roadway;
(v) Within 20 feet of the driveway entrance to any fire station and on the
side of the street opposite the entrance to any fire station within 75 feet
of said entrance when properly posted; or
(vi) Within 15 feet of a clearly visible mailbox which is located directly
adjacent to the curbside or right-of-way.
(d) Park a vehicle, whether occupied or not, except temporarily for the purpose of
and while actually engaged in loading or unloading property or passengers:
(i) Within 50 feet of the nearest rail of a railroad crossing.
(2) It shall be unlawful for any person to reserve or attempt to reserve any portion of a
highway for the purpose of stopping, standing, or parking to the exclusion of any other like
person, nor shall any person be granted such right.
(3) Except as otherwise provided in this section, every vehicle stopped or parked upon a
two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within
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12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand
shoulder.
(4) Except when otherwise provided by this section, every vehicle stopped or parked upon
a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in
the direction of authorized traffic movement, with its right-hand wheels within 12 inches of the
right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its
left-hand wheels within 12 inches of the left-hand curb or as close as practicable to the left edge
of the left-hand shoulder.
(5) Subsections (1) through (4) of this section do not apply to the driver of any vehicle that
is disabled in such manner and to such extent that it is impossible to avoid stopping and
temporarily leaving the vehicle in such position. The driver shall nonetheless arrange for the
prompt removal of the vehicle.
(6) Violation of this section is a Class A traffic infraction.
SECTION 22. Port Orchard Municipal Code 10.12.280 is hereby amended to read as
follows:
10.12.280 Bicycles — Parking.
(1) No person shall park a bicycle upon a highway other than:
(a) Off the roadway except in designated areas;
(b) Upon the sidewalk in a rack to support the bicycle;
(c) Against a building; or
(d) In such manner as to afford the least obstruction to pedestrian traffic.
(WAC 308-330-550)
(2) Violation of this section is a Class A traffic infraction.
SECTION 23. Port Orchard Municipal Code 10.12.290 is hereby amended to read as
follows:
10.12.290 Disposition of traffic infractions.
(1) Failure to perform any act required or the performance of any act prohibited by this
title is designated as a traffic infraction.
(2) Non -sworn professional staff and law enforcement officers have the authority to issue
a notice of traffic infraction when the infraction is committed in the staff member or
officer's presence or if a law enforcement officer investigating at the scene of a motor
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vehicle collision has reasonable cause to believe that the driver of a motor vehicle
involved in the collision has committed a traffic infraction.
(3) A court may issue a notice of traffic infraction upon receipt of a written statement of
the police department employee that there is reasonable cause to believe that an infraction was
committed.
(4) The Port Orchard Municipal Court has the authority to hear and determine traffic
infractions pursuant to this chapter.
SECTION 24. Port Orchard Municipal Code 10.12.300 is hereby amended to read as
follows:
10.12.300 Notice of traffic infractions.
(1) A notice of traffic infraction represents a determination that an infraction has been
committed. The determination will be final unless contested as provided in this
chapter.
(2) The form for the notice of traffic infraction shall be prescribed by rule of the supreme
court and shall include the following:
(a) A statement that the notice represents a determination that a traffic infraction
has been committed by the person named in the notice and that the determination shall
be final unless contested as provided in this chapter;
(b) A statement that a traffic infraction is a noncriminal offense for which
imprisonment may not be imposed as a sanction; that the penalty for a traffic infraction
may include sanctions against the person's driver's license including suspension,
revocation, or denial; that the penalty for a traffic infraction related to standing, stopping,
or parking may include nonrenewal of the vehicle license;
(c) A statement of the specific traffic infraction for which the notice was issued;
(d) A statement of the monetary penalty established for the traffic infraction;
(e) A statement of the options provided in this chapter for responding to the
notice and the procedures necessary to exercise these options;
(f) A statement that at any hearing to contest the determination the state has the
burden of proving, by a preponderance of the evidence, that the infraction was
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committed, and that the person may subpoena witnesses including the police
department employee who issued the notice of infraction;
(g) A statement that at any hearing requested for the purpose of explaining
mitigating circumstances surrounding the commission of the infraction the person will be
deemed to have committed the infraction and may not subpoena witnesses;
(h) A statement that failure to appear at a hearing requested for the purpose of
contesting the determination or for the purpose of explaining mitigating circumstances
will result in the refusal of the department to renew the person's driver's license, or in
the case of a standing, stopping, or parking violation the vehicle the vehicle license, until
any penalties imposed pursuant to this chapter have been satisfied.
SECTION 25. Port Orchard Municipal Code 10.12.330 is hereby amended to read as
follows:
10.12.330 Hearings— Contesting determination that infraction committed —Appeal.
(1) A hearing held for the purpose of contesting the determination that an infraction has
been committed shall be without a jury.
(2) The court may consider the notice of traffic infraction and any other written report
made under oath submitted by the officer who issued the notice or whose written statement
was the basis for the issuance of the notice in lieu of the police department employee's personal
appearance at the hearing. The person named in the notice may subpoena witnesses, including
the police department employee, and has the right to present evidence and examine witnesses
present in court.
(3) The burden of proof is upon the state to establish the commission of the infraction by
a preponderance of the evidence.
(4) After consideration of the evidence and argument the court shall determine whether
the infraction was committed. Where it has not been established that the infraction was
committed an order dismissing the notice shall be entered in the court's records. Where it has
been established that the infraction was committed an appropriate order shall be entered in the
court's records. A record of the court's determination and order shall be furnished to the
department in accordance with RCW 46.20.270 as now or hereafter amended.
(5) An appeal from the court's determination or order shall be to the superior court. The
decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the
Rules of Appellate Procedure.
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SECTION 26. Port Orchard Municipal Code 10.12.410 is hereby amended to read as
follows:
10.12.410 Infraction on illegally parked vehicle.
Whenever any motor vehicle without driver is found parked, standing, or stopped in
violation of this chapter, the police department employee finding such vehicle shall take its
registration number and may take any other information displayed on the vehicle which may
identify its user, and shall conspicuously affix to such vehicle a traffic infraction.
SECTION 27. Port Orchard Municipal Code 10.12.470 is hereby amended to read as
follows:
10.12.470 Habitual offenders.
A person shall be guilty of being a habitual offender when their vehicle received three or
more parking tickets within a calendar month. Every month, the city shall review the record of
infractions issued in the previous month. Registered owners of vehicles which have received
three or more infractions within the previous calendar month shall be sent a certified letter
advising them of the fines as a habitual offender. This letter shall list the specific dates and
infractions that apply to this offense and shall notify the registered owner.
Violation of this section is a Class C traffic infraction.
SECTION 28. Port Orchard Municipal Code 10.12.475 is hereby amended to read as
follows:
10.12.475 Impoundment of vehicles with unpaid tickets.
When a vehicle is parked in a public right-of-way or on other publicly owned or controlled
property in violation of any law, ordinance, or regulation and there are four or more traffic
infractions issued against the vehicle for each of which (1) a person has failed to respond, failed
to appear at a requested hearing, or failed to pay an adjudicated traffic infraction, and (2) at least
45 days have elapsed from the filing of the notice of infraction, then the vehicle may be
impounded pursuant to Chapter 10.72 POMC without prior notice. The registered owner of the
vehicle shall be responsible for payment of all towing and storage fees. The vehicle shall not be
released to any person until all towing and storage fees and all penalties, fines or forfeitures
owed by the registered owner have been satisfied. Any person seeking to redeem a vehicle
impounded under this section shall have a right to a municipal court hearing pursuant to
POMC 10.72.040(4).
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SECTION 29. If any section, sentence, clause or phrase of this ordinance should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION 30. This ordinance shall be posted and published as required by law, and shall
be effective and in full force five (5) days following publication. A summary of this ordinance may
be published in lieu of publishing the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 23r6 day of November 2021.
ATTEST:
Bran y Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED: November 26, 2021
EFFECTIVE DATE: December 1, 2021
Robert Putaansuu, Mayor
rz
ek Ashby, Councilmember