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029-22 - Ordinance - Amending Chapter 10.12 Pertaining for Parking EnforcementDocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 ORDINANCE NO. 029-22 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, PERTAINING TO PARKING ENFORCEMENT; AMENDING PORT ORCHARD MUNICIPAL CODE CHAPTER 10.12, STANDING, STOPPING AND PARKING; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, in 2021, the City of Port Orchard adopted Ordinance No. 057-21 in response to Engrossed Substitute Senate Bill 5051, which required limited commission members of the Port Orchard Police Department to qualify as reserve officers of the commissioning law enforcement agency; and WHEREAS, the Criminal Justice Training Commission, a state agency that oversees the training and certification of reserve officers, no longer provides said training and certification due to a lack of appropriation of funds for these efforts by the state; and WHEREAS, by Ordinance No. 057-21, the City Council amended Chapters 10.12 and 2.16 of the Port Orchard Municipal Code (POMC) to clarify the authority of non-commissioned members of the police department to issue civil infractions related to violations of the City's parking code; and WHEREAS, due to the operational challenges of recruiting and retaining members of the Police Department to serve in these positions, the City desires to move parking enforcement into the Department of Community Development; and WHEREAS, by this Ordinance, the City Council amends Chapters 10.12 and 2.16 of the POMC to clarify the authority of non-commissioned employees, authorized to issue civil infractions related to violations of the City's parking code; and WHEREAS, it is the intent of the City that commissioned members of the Police Department retain concurrent authority to issue civil infractions for traffic and parking violations, and to work collaboratively with the Department of Community Development when certain parking violations are identified by non- commissioned staff members, subject to all relevant federal, state and local laws; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Amendment. Chapter 10.12 of the Port Orchard Municipal Code are amended to read as set out in Exhibit A to this Ordinance, adopted herein by this reference. SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting of DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 2 of 35 the title. SECTION 4. Savings Clause. Those portions of Chapter 10.12 of the Port Orchard Municipal Code which are amended by this ordinance shall remain in force and effect as set out prior to this ordinance until the effective date of this ordinance. Such amendments shall not be construed as affecting any existing right acquired under the laws repealed, nor as affecting any proceeding instituted thereunder, nor any rule, regulation or order promulgated thereunder. SECTION 5. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. 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 12t" day of July 2022. ATT&§Lgned by: a="" OJAUAU- Brandy Wallace, MMC, City Clerk TO FORM: Charlotte A. Archer, City Attorney PUBLISHED: July 15, 2022 ,,,,"""""'+ R EFFECTIVE DATE: July 20, 2022 "Q.- ?OR R �Ci�2Go ArF SEAL DocuSigned by: leol�c,v% P4MA&Wut, E8886BB 4 ... Robert Putaansuu, Mayor SPONSOR: 4 Scott Diener, Councilmember DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 3 of 35 Exhibit A Chapter 10.12 PARKING, STANDING AND STOPPING Sections: 10.12.010 Definitions. 10.12.020 Public employees to obey regulations. 10.12.030 Required obedience to regulations. 10.12.040 Control devices required. 10.12.050 Parking prohibited and restricted. 10.12.060 Chain parking prohibited. 10.12.070 Obedience to angle -parking signs or markings. 10.12.080 Police car zones. 10.12.090 Violation of parking in space for individuals with disabilities parking permit. 10.12.100 Yellow curbs. 10.12.110 Parking not to obstruct traffic. 10.12.120 Special passes. 10.12.130 Expired registrations. 10.12.140 Parking for certain purposes unlawful. 10.12.150 Inoperable automobiles. 10.12.160 Obliterating tire markings. 10.12.170 Standing in passenger loading zone. 10.12.180 Standing in loading zone. 10.12.190 Standing in a tow -away zone. 10.12.200 Violating permits for loading or unloading at an angle to the curb. 10.12.210 Standing or parking on one-way roadways. 10.12.220 Standing, stopping, and parking of buses and taxicabs regulated. 10.12.230 Restricted use of bus stops and taxicab stands. 10.12.240 Right-of-way for parking. 10.12.250 Stopping, standing and parking. 10.12.260 Bicycles — Parking. 10.12.270 Disposition of civil infractions. 10.12.280 Notice of civil infractions. 10.12.290 Response to notice of civil infractions — Contesting determination — Hearing — Failure to respond or appear. 10.12.300 Hearings — Rules of procedure — Counsel. 10.12.310 Hearings — Contesting determination that infraction committed — Appeal. 10.12.320 Hearings — Explanation of mitigating circumstances. 10.12.330 Order of court— Civil nature — Waiver, reduction, suspension of penalty — Community service in lieu of penalty. 10.12.340 Issue of process by court of limited jurisdiction. 10.12.350 Costs and attorney's fees. DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 4 of 35 10.12.360 Attempting, aiding, abetting, coercing, committing violations — Punishable. 10.12.370 Infraction on illegally parked vehicle. 10.12.380 Presumption in reference to illegal parking. 10.12.390 Penalties. 10.12.400 Payment due — Late fees. 10.12.410 Disposition of traffic fines and forfeitures. 10.12.420 Official misconduct. 10.12.430 Habitual offenders. 10.12.440 Impoundment of vehicles with unpaid tickets. 10.12.450 Uniformity of interpretation. 10.12.460 Parking prohibited at all times. 10.12.470 Parking prohibited during certain hours. 10.12.480 Standing or parking prohibited during certain hours. 10.12.490 Parking time limited on certain streets. 10.12.500 Parking time limited on certain city parking lots. 10.12.510 Parking passes. 10.12.520 Parking passes — Rules. 10.12.530 Parking of certain trailers and semitrailers. 10.12.010 Definitions. (1) "Bicycle" means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels either of which is 16 inches or more in diameter, or three wheels either of which is more than 20 inches in diameter. (RCW 46.04.071) (2) "Bus" means every motor vehicle designed for carrying more than 10 passengers and used for transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. (WAC 308-330-109) (3) "Bus stop" means a fixed portion of the highway parallel and adjacent to the curb to be reserved exclusively for buses for layover in operating schedules or while waiting for, loading, or unloading passengers; provided, that such bus provides regularly scheduled service within the jurisdiction of the local authority. (WAC 308-330-112) (4) "Crosswalk" means the portion of the roadway between the intersection area and a prolongation or connection of the farthest sidewalk line or in the event there are no sidewalks then between the intersection area and a line 10 feet therefrom, except as modified by a marked crosswalk. (RCW 46.04.160) (5) "Department" means the Department of Licensing unless otherwise specified in this chapter. (WAC 308-330-121) (6) "Director" means the Director of Licensing unless the director of a different department of government is specified. (WAC 308-330-123) (7) "Holidays" include the first day of January, commonly called New Year's Day; the third Monday in January, commonly called Martin Luther King Jr. day; the third Monday of February, being celebrated as the anniversary of the birth of George Washington; the thirtieth day of May, commonly known as Memorial Day; the nineteenth day of June, commonly known as Juneteenth; the fourth day of July, DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 5 of 35 being the anniversary of the Declaration of Independence; the first Monday in September, to be known as Labor Day; the fourth Thursday in November, to be known as Thanksgiving Day; the twenty-fifth day of December, commonly called Christmas Day; and any other day specified by ordinance by the city of Port Orchard to be a holiday. Whenever any holiday falls upon a Sunday, the following Monday shall be a holiday. (WAC 308-330-127) (8) "Legal owner" means a person having a security interest in a vehicle perfected in accordance with Chapter 46.12 RCW or the registered owner of a vehicle unencumbered by a security interest or the lessor of a vehicle unencumbered by a security interest. (RCW 46.04.270) (9) "Loading zone" means a space reserved for the exclusive use of vehicles during the loading or unloading of property or passengers. (WAC 308-330-133) (10) "Motor vehicle" shall mean every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. (RCW 46.04.320) (11) "Official time standard" means, whenever certain hours are named, standard time or daylight saving time as may be in current use within the jurisdiction of the local authority. (WAC 308-330-136) (12) "Park or parking" means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers. (RCW 46.04.381) (13) "Passenger loading zone" means a place reserved for the exclusive use of vehicles while receiving or discharging passengers. (WAC 308-330-151) (14) "Planting strips" means that portion of a highway lying between the constructed curb, or edge of the roadway, and the property line exclusive of the sidewalk area. (WAC 308-330-154) (15) "Parking Enforcement officer" means a nonsworn, non-commissioned employee of the Department of Community Development as authorized to issue the non -criminal, civil infractions set out in this title. (15) "Police or police officer" includes the police officers of a city, a town marshal, or the sheriff and his/her deputies of a county, whichever is applicable, but when the term "sheriff" is used in this chapter, it shall only mean the sheriff. (WAC 308-330-157) (16) "Police chief or chief of police" includes the police chief or chief police officer of a city, a town marshal, or the sheriff of a county, whichever is applicable, but when the term "sheriff" is used in this chapter, it shall only mean the sheriff. (WAC 308-330-160) (17) "Police department" includes the police department of a city or town or the sheriff's office of a county, whichever is applicable, but when the term "sheriff" is used in this chapter, it shall only mean the sheriff. (WAC 308-330-163) (18) "Private road or driveway" includes every way or place in private ownership and used for travel of vehicles by the owner or those having express or implied permission from the owner, but not by other persons. (RCW 46.04.420) DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 6 of 35 (19) "School bus zone" means a designated portion of the highway along the curb reserved for loading and unloading school buses during designated hours. (WAC 308-330-169) (20) "Service parking" means the use of a parking meter space while rendering service in cleaning, painting, adjusting, or making minor repairs or replacements in or to buildings or building equipment or to public utilities. (WAC 308-330-172) (21) "Sidewalk" means that property between the curb lines or the lateral lines of a roadway and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a public highway and dedicated to use by pedestrians. (RCW 46.04.540) (22) "Stand or standing" means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. (RCW 46.04.555) (23) "Street" means a "city street." (WAC 308-330-175) (24) "Taxicab" means a motor vehicle for hire used for the transportation of persons or compensation, and not operated exclusively over a fixed route or between fixed termini. (WAC 308-330-178) (25) "Taxicab stand" means a fixed portion of a highway set aside for taxicabs to stand or wait for passengers. (WAC 308-330-181) (26) "Tow truck operator" means a person, firm, partnership, association, or corporation which, in its course of business, provides towing services for vehicles and automobile hulks. (WAC 308-330-184) (28) "Trailer or semitrailer" includes every vehicle without motive power designed to be drawn by a vehicle, motor vehicle, or truck tractor and so constructed that an applicable part of its weight rests upon or is carried by such motor vehicle, but does not include a municipal transit vehicle or recreational vehicle. (29) "Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks. (RCW 46.04.670) (30) "U-turn" means turning a vehicle so as to proceed in the opposite direction on the same roadway. (WAC 308-330-190) (Ord. 018-22 § 3; Ord. 018-18 § 1; Ord. 1650 § 2, 1996). 10.12.020 Public employees to obey regulations. The provisions of this chapter shall apply to the drivers of all vehicles owned or operated by the United States, the state, or any county, city, town, district, or any other political subdivision of the state, subject to such specific exceptions as are set forth in this chapter. 10.12.030 Required obedience to regulations. It is unlawful for any person to do any act forbidden or fail to perform any act required by this chapter. The City's parking enforcement officers are authorized to enforce these regulations as non -criminal, civil infractions, provided the City's law enforcement officers retain concurrent authorization to enforce these regulations as set forth in Title 10 and all applicable federal, state and local laws. DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 7 of 35 10.12.040 Control devices required. No prohibition, regulation, or limitation relating to stopping, standing, or parking imposed under this chapter or any ordinance of the city of Port Orchard for which control devices are required shall be effective unless official control devices are erected and in place at the time of any alleged offense. 10.12.050 Parking prohibited and restricted. (1) The city council may from time to time establish parking prohibitions and restrictions on city -owned or city -operated parking lots and portions of certain specified streets, including establishment of reserved parking areas and residential permit parking zones which restrict parking of vehicles on certain streets or city parking lots at certain times except by permit. These regulations are codified in POMC 10.12.500 through 10.12.620. (2) Failure to comply with a parking restriction or prohibition adopted by the city council and filed with the city clerk shall be cited under this section and shall constitute a Class A infraction. (Ord. 001-12 § 1; Ord. 018-05 § 1; Ord. 1650 § 9, 1996). 10.12.060 Chain parking 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 infraction. (Ord. 057-21 § 3; Ord. 023-09 § 1). 10.12.070 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. ( (2) Violation of this section is a Class A infraction. (Ord. 057-21 § 4; Ord. 1650 § 10, 1996). 10.12.080 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 a parking enforcement vehicle in a police car zone when any such zone has been officially designated by the city engineer; 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 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 infraction. 10.12.090 Violation of parking in space for individuals with disabilities parking permit. 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 DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 8 of 35 addition to any penalty or fine imposed under Chapter 46.19 RCW, $200.00 shall be assessed. 10.12.100 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 infraction. (Ord. 057-21 § 7; Ord. 1650 § 13, 1996). 10.12.110 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 of 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. (3) Violation of this section is a Class A infraction. 10.12.120 Special passes. Special passes are administered by the city clerk or designee. This pass must be visible to approaching parking enforcement officers. Such passes will allow the car to park in excess of the posted time limitation on the city street and shall be valid only for that amount of time necessary to accomplish the motorist's need. (1) Motorists who are serving as jurors or witnesses for municipal court, district court or superior court may be issued a juror's or witness's pass from the court. The juror and/or witness pass shall be dated in order to be valid and is limited to jurors and witnesses. (2) Motorists who: (a) are visiting City Hall to conduct city business on behalf of the city, such as city council members, city hearing examiners, city attorneys, and the like; (b) expect such business to last longer than the posted time limitation on the city street; and (c) are parked within 400 feet of City Hall, may be issued a special pass. The pass will only be valid through the date listed on the pass. (3) Motorists who: (a) are visiting the Kitsap County Administrative Building to conduct county business on behalf of the county, such as board of equalization members, planning commission members, hearing examiners and the like; and (b) expect such business to last longer than the posted time limitation on the city street, may be issued a special pass. The pass will only be valid through the date listed on the pass, and on the city streets listed on the pass. (4) The mayor or designee may issue special passes to other motorists when he/she determines that there is a need for issuance. The pass will only be valid through the date listed on the pass, and on the city streets listed on the pass. 10.12.130 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 infraction. DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 9 of 35 10.12.140 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 principal purpose of washing, greasing, or repairing such vehicle except repairs necessitated by an emergency. (3) Violation of this section is a Class A infraction. 10.12.150 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 infraction. 10.12.160 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 infraction.. 10.12.170 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. (2) Violation of this section is a Class A infraction. 10.12.180 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. (3) Violation of this section is a Class A infraction. 10.12.190 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 DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 10 of 35 when the provisions applicable to such zone are in effect. (2) Violation of this section is a Class A infraction. 10.12.200 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 infraction. 10.12.210 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) Violation of this section is a Class A infraction. (Ord. 057-21 § 17; Ord. 1650 § 24, 1996). 10.12.220 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 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 infraction. (Ord. 057-21 § 18; Ord. 1650 § 25, 1996). 10.12.230 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 infraction. (Ord. 057-21 § 19; Ord. 1650 § 26, 1996). 10.12.240 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 DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 11 of 35 parking space. (WAC 308-330-460) (2) Violation of this section is a Class A infraction. (Ord. 057-21 § 20; Ord. 1650 § 27, 1996). 10.12.250 Stopping, standing and parking. (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: DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 12 of 35 (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 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 infraction. (Ord. 057-21 § 21; Ord. 026-20 § 1; Ord. 009-17 § 1; Ord. 1904 § 1, 2003; Ord. 1650 § 28, 1996). 10.12.260 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 infraction. (Ord. 057-21 § 22; Ord. 1650 § 29, 1996). 10.12.270 Disposition of civil infractions. (1) Failure to perform any act required or the performance of any act prohibited by this title is designated as a civil infraction. (2) Parking enforcement officers and law enforcement officers are authorized to issue a notice of civil infraction to enforce this chapter when the civil infraction is committed in the parking enforcement officer's or law enforcement officer's presence, or if a law enforcement officer investigating at the scene of a motor 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 civil infraction upon receipt of a written statement of the 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 civil infractions pursuant DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 13 of 35 to this chapter. 10.12.280 Notice of civil infractions. (1) A notice of civil 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 civil 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 civil 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 civil infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction; that the penalty for a civil infraction may include sanctions against the person's driver's license including suspension, revocation, or denial; that the penalty for a civil infraction related to standing, stopping, or parking may include nonrenewal of the vehicle license; (c) A statement of the specific civil 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 committed, and that the person may subpoena witnesses including the 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 license, until any penalties imposed pursuant to this chapter have been satisfied. (Ord. 057-21 § 24; Ord. 1650 § 31, 1996). 10.12.290 Response to notice of civil infractions —Contesting determination — Hearing— Failure to respond or appear. (1) Any person who receives a notice of civil infraction shall respond to such notice as provided in this section within 15 days of the date of the notice. (2) If the person determined to have committed the infraction does not contest the determination the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 14 of 35 which does not contest the determination is received, an appropriate order shall be entered in the court's records, and a record of the response and order shall be furnished to the department in accordance with RCW 46.20.270. (3) If the person determined to have committed the infraction wishes to contest the determination the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than seven days from the date of the notice, except by agreement. (4) If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing. (5)(a) If any person issued a notice of infraction: (i) Fails to respond to the notice of infraction as provided in subsection (2) of this section; or (ii) Fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section; the court shall enter an appropriate order assessing the monetary penalty prescribed for the infraction and any other penalty authorized by this chapter and shall notify the department, in accordance with RCW 46.20.270, of the failure to respond to the notice of infraction or to appear at a requested hearing. (b) The department may not renew the driver's license, or in the case of a standing, stopping, or parking violation the vehicle license, of any person for whom the court has entered an order pursuant to paragraph (a) of this subsection until any penalties imposed pursuant to this chapter have been satisfied. (Ord. 1650 § 32, 1996). 10.12.300 Hearings — Rules of procedure —Counsel. (1) Procedures for the conduct of all hearings provided for in this chapter may be established by rule of the Supreme Court. (2) Any person subject to proceedings under this chapter may be represented by counsel. (3) The attorney representing the state, county, city, or town may appear in any proceedings under this chapter but need not appear, notwithstanding any statute or rule of court to the contrary. (Ord. 1650 § 33, 1996). 10.12.310 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 parking enforcement officer or law enforcement 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 DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 15 of 35 witnesses, including the 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. (Ord. 057-21 § 25; Ord. 1650 § 34, 1996). 10.12.320 Hearings— Explanation of mitigating circumstances. (1) A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that an infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances. (2) After the court has heard the explanation of the circumstances surrounding the commission of the infraction 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. (3) There may be no appeal from the court's determination or order. (Ord. 1650 § 35, 1996). 10.12.330 Order of court —Civil nature —Waiver, reduction, suspension of penalty —Community service in lieu of penalty. (1) An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature. (2) The court may include in the order the imposition of any penalty authorized by the provisions of this chapter for the commission of an infraction. The court may, in its discretion, waive, reduce, or suspend the monetary penalty prescribed for the infraction. At the person's request the court may order performance of a number of hours of community service in lieu of a monetary penalty, at the rate of the then state minimum wage per hour. (Ord. 1650 § 37, 1996). 10.12.340 Issue of process by court of limited jurisdiction. Notwithstanding any other provisions of law governing service of process in civil cases, the Port Orchard Municipal Court having jurisdiction over an alleged traffic infraction may issue process anywhere within the state. (Ord. 1650 § 38, 1996). 10.12.350 Costs and attorney's fees. Each party to a traffic infraction case is responsible for costs incurred by that party. Costs or attorney DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 16 of 35 fees shall not be awarded to either party in a traffic infraction case. (Ord. 1650 § 39, 1996). 10.12.360 Attempting, aiding, abetting, coercing, committing violations —Punishable. Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act declared by this title to be a crime, whether individually or in connection with one or more other persons or a principal, agent, or accessory, shall be guilty of such offense, and every person who falsely, fraudulently, forcefully, or wilfully induces, causes, coerces, requires, permits or directs others to violate any provisions of this title is likewise guilty of such offense. (Ord. 1650 § 40, 1996). 10.12.370 Infraction on illegally parked vehicle. Whenever any motor vehicle without driver is found parked, standing, or stopped in violation of this chapter, the parking enforcement officer or law enforcement officer 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 civil infraction. (Ord. 057-21 § 26; Ord. 1650 § 42, 1996). 10.12.380 Presumption in reference to illegal parking. (1) In any prosecution charging a violation of any law or regulation governing the stopping, standing, or parking of a vehicle, proof that the particular vehicle described in the complaint was stopping, standing, or parking in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of such violation the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred. (WAC 308-330-740) (2) The foregoing stated presumption shall apply only when the procedure as prescribed in POMC 10.12.410 has been followed. (Ord. 1650 § 43, 1996). 10.12.390 Penalties. Unless another penalty is expressly provided for in the laws of the state of Washington that are incorporated by reference in the Port Orchard Municipal Code, the following monetary penalty schedule shall be used: (1) Class A infraction: $20.00. (2) Class B infraction: $30.00. (3) Class C infraction: $100.00. (Ord. 027-05 § 1; Ord. 013-05 § 1). 10.12.400 Payment due —Late fees. Penalties shall be paid within 15 calendar days of the date of issuance of the infraction. If the penalty is not paid within the 15 days and the infraction has not been contested, a late fee of an additional $25.00 shall be charged for each notice of infraction. (Ord. 1650 § 45, 1996). 10.12.410 Disposition of traffic fines and forfeitures. All fines or forfeitures collected upon a determination that a traffic infraction was committed or upon the forfeiture of bail of any person cited with violation of any of the provisions of this chapter shall be paid into the general fund of the city. (Ord. 1650 § 46, 1996). DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 17 of 35 10.12.420 Official misconduct. Failure, refusal or neglect on the part of any judicial or other officer or employee receiving or having custody of any such fine or forfeiture of bail, either before or after a deposit in the general fund, to comply with the provisions of POMC 10.12.450, shall constitute misconduct in office and shall be grounds for removal therefrom, provided appropriate removal action is taken pursuant to state law relating to removal of public officials. (Ord. 1650 § 47, 1996). 10.12.430 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 infraction. (Ord. 057-21 § 27; Ord. 1650 § 48, 1996). 10.12.440 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 by a law enforcement officer 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). (Ord. 057-21 § 28; Ord. 007-05 § 1). 10.12.450 Uniformity of interpretation. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those local authorities which enact it. (WAC 308-330-910) (Ord. 1650 § 49, 1996). 10.12.460 Parking prohibited at all times.' (1) When signs or markings are installed giving notice thereof, no person shall park a vehicle at any time upon any of the streets or parts of streets described as follows: 1. Advantage on the west side of the Avenue: north 350 feet of roadway and on the left-hand side, as the traffic flows, of the remainder of the street. 2. Andasio Loop on the outside curb along SE: the entire loop. 3. Amherst Way on both sides of the street. SW: DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 18 of 35 4. Arnold Avenue along the west side of E.: Arnold Avenue E., from the Lawrence Street intersection, to the northeast towards Bay St., 100 feet. 5. Arnold Avenue along the east side of Arnold E.: Avenue E., from the Bay Street intersection, to the south 66 feet. 6. Bay Street: at the intersection with Wharf Street (Mitchell Point), along the outside radius of the existing road as delineated by the established guardrail. 7. Bay Street: on the south side from Tracy Avenue, westerly for a distance of 200 feet. 8. Bay Street: on the north side, from the DeKalb Street pedestrian pier westerly for 70 feet and in front of 501 Bay Street. 9. Bay Street: at the southwest corner of the intersection with Arnold Avenue E., from the point of curvature to the point of tangency of the curve radius. 10. Bay Street: on the south side from Dekalb Street, 130 feet to the east. 11. Becky Avenue: on both sides of street, from Dallas Street south to dead end. 12. Bethel on the west side from the Avenue: driveway at 1130 Bethel Avenue, 245 feet north. 13. Castleton on both sides of the street. Road SW: 14. Cedar Canyon: on both sides of the street within 100 feet of the DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 19 of 35 Tremont Street right-of-way. 15. Chanting Circle on both sides of street, from SW: Old Clifton Road 260 feet. Then on the east side to Chanting Circle. Then along the inside curb of the remaining part of Chanting Circle. 16. Chatterton on the west side of street. Avenue SW: 17. Chowchilla on the south side of street. Way: 18. Currant Lane on the west side of the SW: street. 19. Dallas Street: on the right-hand side, as the traffic flows. 20. DeKalb Street: on south side from Cline Avenue easterly to dead end. 21. DeKalb Street: on the south side, from Sidney Avenue westerly for a distance of 100 feet. 22. DeKalb Street: on the north side, from Tracy Avenue easterly to the end of DeKalb Street. 23. DeKalb Street: on the south side, from Mitchell Avenue to the east side of Tracy Avenue. 24. Donna Street: on the south side of street. 25. Donnegal on both sides of the street. Circle SW: 26. Egret Street: on the south side of the street. 27. Fiscal Street: on the south side of the street. 28. Fantail Place: on the east side of the street. 29. Farragut on both sides, from DeKalb Avenue: Street to Morton Street; except, on the east side, 160 DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 20 of 35 feet north of DeKalb Street. 30. Forest Park on both sides of the street. Street: 31. Glenmore on the inside radius of the Loop: entire loop. 32. Glenwood on the north side, from Road SW: Sidney Road 350 feet west. 33. Grebe Way: on the north side, from Siskin Circle to Swift Avenue. 34. Guy Wetzel on both sides from Bay Street: Street to Perry Avenue. 35. Hales Court on both sides of the street. SW: 36. Hibiscus Circle on the outside radius of the SW: entire circle. 37. Huntington on both sides from Olney Street: Avenue to Glenmore Loop and the north side from Glenmore Loop to west end terminus. 38. Jabirin Way: on the north side of street. 39. Keppel Loop on both sides of the street. SW: 40. Koda Circle: along fire lanes where marked/posted. 41. Landis Ct. SW: on the northeast side. 42. Lazuli Street: on the south side, from Wigeon Avenue to Siskin Circle. 43. Limerick Drive on both sides of the street. SW: 44. Lippert Drive: on both sides, from Pottery Avenue to Advantage Street. 45. Lloyd Parkway: on both sides from SW Old Clifton Road to Lumsden Road. 46. Lowren Street: on the right-hand side, as the traffic flows on the one- way portion of the street. DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 21 of 35 47. Lumsden on both sides of the street. Road: 48. Lone Bear on both sides from Feigley Drive: Road to 100 feet west of Chatterton Avenue SW. 49. Longview on east side of street. Avenue: 50. Mitchell on both sides, from Bay Avenue: Street to Kitsap Street. 51. Murrelet on both sides, from Old Avenue: Clifton Road to Siskin Circle. 52. Olivine Drive on both sides of the street. SW: 53. Pickford Place on the left-hand side as the SW: traffic flows on the street, from SW Colbert Way to end of cul-de-sac. 54. Plisko Avenue: on both sides, from Mitchell Avenue to Mile Hill Drive. 55. Prospect on the inside radius of the Street: curve between Robert Geiger Street and Frederick Avenue. 56. Pottery on both sides of the street, Avenue: within 100 feet of the Tremont Street right-of-way. 57. Retsil Road: on the west side, from the north corporate limits to the south property line of 982 Retsil Road. 58. Robert Geiger other than official city Street: vehicles, parking is prohibited at all times along the south side, from Bay Street to Prospect Street. 59. Rockwell on both sides, from Bay Avenue: Street to Kitsap Street. 60. Ross Street: on the south side of the 400 block. 61. Sage Court: on both sides of street. DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 22 of 35 62. Sage Street: on both sides from Pottery Avenue east for a distance of 70 feet and on the left- hand side, as the traffic flows, on the remainder of the street. 63. Seattle on the east side, from Bay Avenue: Street southerly for a distance of 82 feet. 64. Sherman on the east side of the 1200- Avenue: 1300 block from the dead end 980 feet north. 65. Sidney on the west side from Bay Avenue: Street to Prospect Street. 66. Siskin Circle: on the inside curb of Siskin Circle throughout the circle. 67. Snowridge on the left-hand side, as the Avenue: traffic flows on the street. 68. Sprague on the right-hand side, as Street: the traffic flows on the one- way portion of the street. 69. Sroufe Street: on the south side, from Sidney Avenue to Portland Avenue. 70. Strathmore on outside of circle traveling Circle SW: either direction. 71. Sweany Street: on the north side, from Cline Avenue westerly for a distance of 340 feet. 72. Sweany Street: on the south side, from Sidney Avenue westerly for a distance of 200 feet. 73. Swift Avenue: on west side, from Siskin Circle to Lazuli Street. 74. SW Colbert on left-hand side of street as Way: the traffic flows, from Pickford Place SW to Chatterton Avenue SW. 75. SW Old Clifton on both sides from Chanting Road: Circle SW to Campus Parkway. DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 23 of 35 76. SW Stanwick on the right-hand side of Way: street as the traffic flows, from Lone Bear Drive to Pickford Place SW. 77. Tremont on both sides of street from Place: 233 Tremont Place driveway to end of road guardrail. 78. Tremont on both sides of the street, Street: within 100 feet of Pottery Avenue right-of-way. 79. Vardon Circle on both sides of the street. SW: 80. Viridian on both sides of the street. Avenue SW: 81. Warbler Way: on both sides of street from Old Clifton Road to Siskin Circle. 82. Warbler Way: from Siskin Circle to curve (park) on south side and on east side from curve (park) to Grebe Way. 83. Wilkins Drive: on both sides, from the west terminus, eastward 350 feet. 84. Lot 4: all of Lot 4, as defined in POMC 10.12.580, Saturdays from 5:00 a.m. to 5:00 p.m., from April 1st through October 31st. (2) Violation of this section is a Class A infraction. 10.12.470 Parking prohibited during certain hours. (1) When signs are erected by the city engineer in each block giving notice thereof and for the purpose of street maintenance, no person shall park a vehicle between the hours of 3:00 a.m. and 5:00 a.m. upon any of the streets or parts of streets as described below on the days specified below: Tuesdays and Thursdays: 1. Bay Street from Robert Geiger Street to Harrison Street on both sides. 2. Frederick Avenue: from Prospect Street DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 24 of 35 Tuesdays and Thursdays: north to Sidney Parkway on both sides. 3. Sidney Avenue: from Prospect Street north to Sidney Parkway on both sides. (2) Violation of this section is a Class A infraction. 10.12.480 Standing or parking prohibited during certain hours. When signs are erected by the city engineer in each block giving notice thereof, no person shall stop, stand or park a vehicle between the hours specified in this section of any day, or upon any of the streets or parts of streets described as follows: (1) All access ways in public parking lots at any time; (2) At all times during hazardous snow and ice conditions where posted. (Ord. 001-12 § 4). Violation of this section is a Class A infraction. 10.12.490 Parking time limited on certain streets. (1) When signs are erected by the city engineer in each block giving notice thereof, no person shall park a vehicle for longer than the time specified in this section, on the days specified in this section, upon any of the streets described as follows except vehicles complying with the residential parking permit program: 1. Ada Street: on both sides of Ada Street, from Sidney Avenue to Harrison Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 2. Arnold on the west side of Arnold Avenue E.: Avenue E., south of Bay Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 3. Austin on both sides, from Division Avenue: Street to Dwight Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 4. Bay Street: on both sides, from Orchard DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 25 of 35 Avenue to Harrison Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. Vehicles with residential parking permits are not exempt from the parking restrictions specified within this subsection. S. Bay Street: on the north side from the DeKalb Street pedestrian pier easterly for 110 feet. There will be 15-minute loading and unloading only. 6. Bay Street: on the south side from Port Orchard Boulevard to DeKalb Street and 130 feet east of DeKalb Street to Kitsap Street there will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday and federal holidays. 7. Bay Street: on west side of the 1500 and 1600 block. There will be four- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 8. Bay Street: on the north side at Ross Point (SR 166). There will be four-hour parking. 9. Bay Street: on the south side of Bay Street, west of Arnold Avenue E. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day, except Saturday, Sunday, and federal holidays. 10. Bravo on the east side from the Bravo Terrace: Terrace intersection south to end of cul-de-sac. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 26 of 35 federal holidays. 11. Cline on both sides, from Kitsap Avenue: Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 12. Cline from the northeast corner of Avenue: Kitsap Street and Cline Avenue northerly along the east line of Cline Avenue to Bay Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 13. Cline on both sides, from Taylor Avenue: Street to Division Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 14. DeKalb on both sides, from Seattle Street: Avenue to Sidney Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays; except for a space on the south side of DeKalb Street beginning 105 feet east of Harrison Avenue and continuing easterly for 175 feet. The 175 feet as described shall be designated all day parking. 15. DeKalb on the north side, from Sidney Street: Avenue westerly for a distance of 120 feet. There will be four- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 16. DeKalb on the south side, from Tracy Street: Avenue easterly to the end of DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 27 of 35 DeKalb Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 17. DeKalb on both sides, from Mitchell Street: Avenue westerly for a distance of 340 feet. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 18. DeKalb on the north side, from Mitchell Street: Avenue to Tracy Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 19. Division on both sides, from Sidney Street: Avenue to Seattle Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 20. Division on both sides, from Cline Street: Avenue to Sidney Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 21. Division on both sides from Cline Avenue Street: westerly to dead end. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday and federal holidays. 22. Dwight on both sides, from Sidney Street: Avenue to Seattle Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 23. Dwight on both sides, from Mitchell DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 28 of 35 Street: Avenue westerly for a distance of 250 feet. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 24. Dwight on both sides, from Austin Street: Avenue to Cline Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 25. Farragut on the east side, 160 feet north Avenue: of DeKalb Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 26. Frederick on both sides, from waterfront Avenue: parking lot to Prospect Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 27. Harrison on both sides, from DeKalb Avenue: Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 28. Harrison on both sides, from Dwight Avenue: Street to Division Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 29. Harrison on both sides from Ada Street Avenue: to dead end. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 30. Kitsap on both sides, from Cline DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 29 of 35 Street: Avenue to Rockwell Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 31. Kitsap on both sides, from Mitchell Street: Avenue westerly for a distance of 150 feet. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 32. Mitchell on the east side, from DeKalb Avenue: Street northerly for a distance of 70 feet. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 33. Mitchell on the west side, from Kitsap Avenue: Street to Taylor Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 34. Mitchell on the east side, from DeKalb Avenue: Street southerly to the bus loading access road, shall be designated all day parking except for the revetment area which is two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 35. Morton on both sides, from Rockwell Street: Avenue westerly for a distance of 230 feet on both sides. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 36. Morton on both sides, from Rockwell Street: Avenue easterly for a distance DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 30 of 35 of 230 feet on both sides. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 37. Prospect on both sides, from Sidney Street: Avenue to Robert Geiger Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m. (except where posted as one - hour parking for the City Permit Center located at 720 Prospect Street; holders of residential parking permits are not exempt from this restriction), on any day except Saturday, Sunday, and federal holidays, and the inside radius of the curve between Robert Geiger Street and Frederick Avenue. 38. Prospect on both sides, from Kitsap Street: Street to Robert Geiger Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays, except where 30-minute zone is delineated. 39. Prospect along the green curb, in front of Street: City Hall at 216 Prospect Street. There is 30-minute parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 40. Robert on the north side, from Geiger Street: Prospect Street to Bay Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 41. Seattle on both sides, from Kitsap Avenue: Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 31 of 35 day except Saturday, Sunday, and federal holidays. 42. Seattle on both sides from Dwight Avenue: Street to Division Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 43. Sidney on both sides from Bay Street to Avenue: the waterfront. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 44. Sidney on the east side from Bay Street Avenue: to Prospect Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 45. Sidney on both sides, from Prospect to Avenue: Kitsap Street. There will be four- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 46. Sidney on both sides, from Kitsap Avenue: Street to DeKalb Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 47. Sidney on both sides, from DeKalb Avenue: Street to Ada Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 48. Sweany on the south side, from Cline Street: Avenue westerly for a distance of 300 feet. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 32 of 35 Saturday, Sunday, and federal holidays. 49. Sweany on the north side, from Sidney Street: Avenue westerly for a distance of 200 feet. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 50. Tracy on both sides, from DeKalb Avenue: Street to Guy Wetzel Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 51. Tracy abutting 219 Tracy Avenue. Avenue: There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 52. Water from Bay Street to waterfront Street: on the west side. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 53. Library: north side of driveway adjacent to south side of library sidewalk and Lot 7 shall be two-hour parking from 8:00 a.m. to 5:00 p.m. on any day, pursuant to easement AF# (8903310122) except Saturday, Sunday, and federal holidays. (2) Violation of this section is a Class A infraction. 10.12.500 Parking time limited on certain city parking lots. (1) The city parking lots are identified as follows: (a) Lot 1, which lies between Orchard and Frederick Streets, on the north of Bay Street. Parking in Lot 1 is a combination of city parking and Port Orchard Marina parking. Port Orchard Marina parking is the three northernmost rows and shall be managed by the Port of Bremerton. City parking is limited to four hours maximum and/or monthly merchant parking. DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 33 of 35 (b) Lot 2, which lies between Frederick Street and Sidney Avenue, north of Bay Street. Parking in Lot 2 shall be allowed for a maximum period of four hours, including two car charging stalls limited to four hours maximum, and one motorcycle stall. (c) Lot 3, which is the five rows of parking area under city jurisdiction west of Harrison Avenue and east of and parallel to the library's easternmost exterior wall. Parking in the three westerly rows of Lot 3 shall be allowed for a maximum period of four hours at no monetary charge. Parking in the easterly two rows is paid parking and shall require a paid daily parking pass as established in POMC 10.12.620. (d) Lot 4, which is all parking area under city jurisdiction which lies east of Parking Lot 3 and Harrison Avenue and west of the Marina Park. Parking in Lot 4 is a combination of free two-hour parking for the park at the most northerly and easterly corner and paid parking and shall require a paid daily parking pass as established in POMC 10.12.620. (e) Lot 5, which is all parking spaces on City Hall property (first floor entry). Parking in Lot 5 shall be for City Hall ADA Parking patrons and official vehicles only. The police chief or his/her designate may authorize deviations to this policy for Lot 5, if necessary. No monetary charge. (f) Lot 6, which is all parking spaces abutting the landscaped area at the southwest corner of the intersection of Bay Street and DeKalb Street (Bayside Plaza). Parking in Lot 6 shall be allowed for a maximum period of two hours. No monetary charge. (g) Lot 7, which is all parking spaces located on the library property. Parking in Lot 7 shall be limited to library staff only. Access to Lot 7 and parallel parking stalls via the adjacent parcel to the south pursuant to easement AF# (8903310122). No monetary charge. (h) Lot 8, which lies east of City Hall, north of and adjacent to Prospect Alley (between Kitsap Street and Prospect Street). Lot 8 is for designated city vehicles and city employees via pass Monday through Friday. No monetary charge. (i) Paul Powers Park, which lies north and east of the public works department "south shed" located at 2051 Sidney Avenue. Paul Powers Park parking is limited to dawn -to -dusk parking only. (j) Van Zee Park, which lies south of Tremont Street and west of Sidney Avenue, located at 300 Tremont Street. Van Zee Park parking is limited to dawn -to -dusk parking only. (k) Rockwell Pocket Park will be limited to two-hour parking from dawn to dusk. (2) Parking restrictions in Lots 1, 2, 3, 4, 5, 6, 7 and 8 shall be enforced on a 24-hour basis, except Saturday, Sunday, and federal holidays within the city. (3) Parking restrictions in Lot 4 shall also be enforced on a 24-hour basis on each Saturday in the period of April 1st to October 31st. (4) Currency through electronic payment in an electronic parking pay station or similar instrument provided near the parking space for each 12-hour interval or part thereof. (2) Violation of this section is a Class A infraction. DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 34 of 35 10.12.510 Parking passes. Parking passes are established for city parking lots defined in POMC 10.12.580 and are subject to sales and use tax defined in RCW 82.14.020(3). (1) Hourly Public Parking Pass. An hourly public parking pass is available to the general public and will require the payment as designated in subsection (1)(a) of this section in United States currency through electronic payment in an electronic parking pay station or similar instrument provided near the parking space for each one -hour interval. (a) Hourly public parking pass rates are as follows: $1.00. (2) Daily Public Parking Pass. A daily public parking pass is available to the general public and will require the payment as designated in subsection (2)(a) of this section in United States currency through electronic payment in an electronic parking pay station or similar instrument provided near the parking space for each 12-hour interval or part thereof. (a) Daily public parking pass rates are as follows: $8.00. (3) Weekly Public Parking Pass. A weekly public parking pass is available to the general public and will require the payment as designated in subsection (3)(a) of this section in United States currency through electronic payment in an electronic parking pay station or similar instrument provided near the parking space. The weekly pass will be good for five consecutive business calendar days from the date of purchase. Weekly parking passes are nonrefundable and not valid Saturday, Sunday, and federal holidays; and will not be prorated. (a) Weekly public parking pass rates are as follows: $38.00. (4) Monthly Downtown Merchant Parking Pass. A downtown merchant parking pass is available to documented business owners, and their documented employees, whose business and place of employment is located in the downtown Port Orchard area between and including the 500 and 1300 blocks of Bay Street and the north and west side of Prospect Street. Downtown merchant parking passes will require the payment as designated in subsection (4)(a) of this section in United States currency and may be purchased from the city finance department. Downtown merchant parking passes are nonrefundable. (a) Monthly downtown merchant parking pass rates are as follows: $35.00. (5) Monthly Commuter Vanpool or Carpool Parking Pass (Three or More Persons per Vehicle, Registered with Kitsap Transit). A commuter vanpool or carpool parking pass is available to registered vanpools and carpools and will require the payment as designated in subsection (5)(a) of this section in United States currency. Commuter vanpool or carpool parking passes may be purchased from the city finance department. Commuter vanpool or carpool parking passes are nonrefundable; guarantee designated parking spaces between the hours of 4:00 a.m. and 10:00 a.m. except Saturday, Sunday and federal holidays; and will not be prorated. Does not apply to city employee Lot 8 carpool designated stalls. (a) Monthly commuter vanpool or carpool parking pass rates are as follows: $35.00. (6) Daily Contractor's Parking Pass. A contractor's parking pass shall be $8.00 per day per parking space DocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6 Ordinance No. 029-22 Page 35 of 35 per 24-hour period. The purpose of this pass is to accommodate a temporary need of parking, as determined by the city engineer. (Ord. 058-19 § 2, 2019; Ord. 024-16 § 1; Ord. 017-15 § 3; Ord. 001-15 § 1; Ord. 001-12 § 7). 10.12.520 Parking passes— Rules. The following rules apply to the use of city parking passes as defined in POMC 10.12.600 as follows: (1) Applicable Parking Lots. The city -issued parking passes, except for the contractor's parking pass, are applicable only to Lot 1 and Lot 4. The city -issued parking passes, to include the contractor's parking pass, do not provide parking privileges in city -owned Lots 2, 3, 5, 6, or 7. Available parking areas for contractor's parking passes will be specified when the parking pass is issued. This subsection does not apply to city employee Lot 8. (2) Stalls Reserved 4:00 a.m. to 10:00 a.m. Designated parking stalls in Lot 1 and Lot 4 will be marked to allow parking only by monthly public parking pass, downtown merchant parking pass, and commuter vanpool or carpool parking pass holders between the hours of 4:00 a.m. and 10:00 a.m. except Saturday, Sunday and federal holidays. (3) Posting of Passes. The city -issued parking passes for hourly and daily parking must be affixed on the inside of the vehicle's driver's door window (not the front windshield). Passes for monthly, merchant, carpool, and contractor's passes must be affixed to the bottom portion of the hangtag provided and then hung from the rearview mirror located on the vehicle's front windshield. If no rearview mirror exists, the hangtag shall be placed face up on the middle of the dash and made clearly visible from outside of the front of the vehicle. It is the responsibility of the pass holder to place the parking pass as described above. (4) Enforcement. The city -issued parking pass allows the specified vehicle to park in a city -designated paid parking lot without making daily parking fee deposits. The parking pass does not allow the vehicle to park in excess of the posted hours or be exempt from any posted parking rules in any other location. Violation of this section is a Class A infraction. (Ord. 001-12 § 8). 10.12.530 Parking of certain trailers and semitrailers. No trailer or semitrailer shall be parked upon any city street unless the trailer or semitrailer is attached to a vehicle by which it may be propelled or drawn. In case of accident, such trailer or semitrailer may be moved to the side of the street, and if a good and sufficient red signal is displayed at both ends of the trailer or semitrailer during the hours of darkness, such trailer or semitrailer may be permitted or allowed to remain for a period not exceeding 24 hours pending removal, except that such trailer or semitrailer shall not remain upon any portion of a city street where standing or parking is limited or prohibited for a period longer than is necessary to effect its removal. Violation of this section is a Class A parking infraction. (Ord. 035-18 § 4; Ord. 018-18 § 3).