032-22 - Ordinance - Amending 2.75.010 Active Club Building OccupancyDocuSign Envelope ID:2B271B12-F34D-4397-985A-F66D18B567BE
ORDINANCE NO. 032-22
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO
CITY FACILITIES; AMENDING PORT ORCHARD MUNICIPAL CODE SECTION
2.75.010, ACTIVE CLUB BUILDING; PROVIDING FOR SEVERABILITY AND
PUBLICATION, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, in approximately 1959, the Port Orchard Active Club donated to the City of
Port Orchard the building located at 1027 Tacoma Avenue known at the time as the Youth
Activity Club Building, with the stipulation that the facilities be available to all but to youth
groups of the community at no charge; and
WHEREAS, in accordance with the terms of the donation, the City of Port Orchard owns
and maintains the Port Orchard Active Club Building for use by youth, non-profit groups and
private citizens; and
WHEREAS, the City Council established use guidelines via Resolution No. 025-08, and on
March 23, 2010, the City Council adopted Ordinance No. 004-10, codifying at Chapter 2.75 of
the Port Orchard Municipal Code (POMC) the fees and rules for renting the Active Club; and
WHEREAS, on August 24, 2010, by Ordinance No. 018-10 the City Council amended
POMC Chapter 2.75; and
WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to
periodically review and update the rules and policies that govern the use of the Active Club; and
WHEREAS, on June 29, 2022, Public Works Staff met with the City's Building Official/Fire
Code Official to inspect the Active Club's fire code compliance regarding emergency exit
requirements; and
WHEREAS, on July 12, 2022, the City's Building/Fire Code Official issued a Memorandum
to the Public Works Department requesting that the occupancy limit for "Room 1" and "Room
2" be changed to a maximum occupancy of 49 for each room, to eliminate the need for
additional structural modifications; and
WHEREAS, Public Works staff will appropriately placard Room 1 and Room 2 if the
proposed maximum occupancy are approved by City Council; and
WHEREAS, the City Council has reviewed the proposed amendments and believes it to
be in the best interests of the City and its residents to enact the proposed amendments; now,
therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
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Ordinance No. 032-22
Page 2 of 4
SECTION 1. Port Orchard Municipal Code Section 2.75.010 is hereby amended to read
as follows:
Chapter 2.75
ACTIVE CLUB BUILDING
Sections:
2.75.010 Active Club Building facilities use policy.
2.75.010 Active Club Building facilities use policy.
(1) Rooms available for use are:
(a) Room 1, which accommodates up to 49 people;
(b) Room 2, which accommodates up to 49 people; and
(c) Room 3, which accommodates up to 20 people.
(2) The following groups shall be charged the room rental fee set forth in subsection (3) of this
section.
(a) Youth groups, including but not limited to Boy and Girl Scouts, Campfire Girls, Cub
Scouts, youth sports leagues, and 4-H;
(b) Senior groups, which must consist of 51 percent or more of the group being 55 years of
age or older; and
(c) All other groups.
(3) Rental fee(s) shall be set as follows:
(a) Youth groups — Free of charge;
(b) Senior groups — 50 percent discount of regularly charged fees;
(c) All other regularly scheduled groups — $4.00 per hour in 2010 and then $8.00 per hour in
2011 and thereafter;
(d) All other one-time users — $25.00 for up to four hours; and $50.00 for more than four
hours and up to eight hours; and
(e) A cleaning deposit of $75.00, which shall be refunded to all one-time users upon staff
verification that the facility has been cleaned. If the facility is not cleaned after a one-time
use, the user forfeits their deposit in its entirety.
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Ordinance No. 032-22
Page 3 of 4
(4) A completed application must accompany all building use requests and must be submitted
to the Port Orchard public works office prior to the event date. Applicable fees and/or deposits
must be made at time of application.
(5) Cancellation of reservations must be made five working days prior to scheduled date of use.
Failure to do so forfeits the rental fee and/or deposit.
(6) User groups who use the facility on a regular basis (i.e., daily, weekly, monthly) must reapply
annually. Facility reservations will be valid from January to December.
(7) The organization and/or the person in charge of the organization shall notify city staff of any
changes pertaining to the current contract(s) or scheduling. A new application may be required
at the time of such changes.
(8) Active Club Building keys must be picked up at the public works office prior to use and
returned immediately after usage. Users scheduled for weekday evenings must pick up key(s)
prior to 4:30 p.m. on the day of use. Weekend users must pick up key(s) prior to Friday at 4:30
p.m.
(9) If a regular user group fails to pick up key(s) to the facility for three consecutively scheduled
dates, without notifying the public works office, the reservation will be canceled and the
deposit will be forfeited.
(10) No group or user is authorized to retain keys for the building or any individual room. Keys
shall not be duplicated. There is a drop box located at the Prospect Street entrance where keys
may be returned after hours.
(11) Adequate supervision and/or chaperons must be provided by the applicant.
(12) No alcoholic beverages are allowed on city property (POMC 9.26.100).
(13) Youth groups, nonprofit groups, and citizen groups are allowed to bring their animals to
the Active Club Building as part of their meetings. The following conditions will apply to all
groups who bring animals to the Active Club Building:
(a) Animal groups shall clean up after their pets and ensure the room is clean of all feathers
and/or animal feces prior to leaving the facility;
(b) Any complaints received regarding animal groups shall be investigated by the public
works director and/or his/her designee; and
(c) Upon a finding that a group has failed to clean up after its animal(s), the group shall be
barred from bringing its animals to the Active Club Building facility.
(14) Cooking or food preparation is not allowed in the Active Club Building. Reheating of
previously prepared items is allowed. Users are required to clean all dishes, the sink,
countertops, stove, and microwave areas. Failure to keep kitchen area clean may cause group
privileges to be revoked and the deposit forfeited.
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Ordinance No. 032-22
Page 4 of 4
(15) There is no smoking within 25 feet of Active Club Building entrances (POMC 9.44.070).
(16) Meetings are to end, no exceptions, as follows:
(a) Monday through Thursday: 10:00 p.m.
(b) Friday through Sunday: 11:00 p.m. (Ord. 018-10 § 1; Ord. 004-10 § 3).
SECTION 2. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision
shall not affect the validity of the remaining parts of this Ordinance.
SECTION 3. Effective Date. This ordinance shall be in full force and effect five (5) days
after posting and publication as required by law. A summary of this Ordinance may be
published in lieu of the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 9t" day of August 2022.
Dot"rgned by:
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Brandy Wallace, MMC, City Clerk
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Charlotte A. Archer, City Attorney
PUBLISHED: August 19, 2022
EFFECTIVE DATE: August 24, 2022
DocuSigned by:
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Robert Putaansuu, Mayor
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Scott Diener, Councilmember
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