033-22 - Ordinance - Amending 2.16.030, 10.04 and 10.12.010 Parking EnforcementDocuSign Envelope ID: 2B271 B12-F34D-4397-985A-F66D18B567BE
ORDINANCE NO. 033-22
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
PERTAINING TO PARKING ENFORCEMENT; AMENDING PORT
ORCHARD MUNICIPAL CODE SECTION 2.16.030, CHAPTER 10.04,
AND SECTION 10.12.010; 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, by Ordinance No. 029-22, the City Council further amended POMC Chapter
10.12 to reflect that the non-commissioned parking enforcement officers are employees of the
Department of Community Development, due to the operational challenges of recruiting and
retaining members of the Police Department to serve in these positions; and
WHEREAS, by this Ordinance, the City Council further amends Chapters 10.04, 10.12 and
2.16 of the POMC to clarify the authority of the non-commissioned parking enforcement officers,
authorized to issue civil infractions related to violations of the City's parking code; and
WHEREAS, it remains 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. Section 2.16.030 of the Port Orchard Municipal Code is hereby
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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 as would be required
to aid in the everyday operations of a police department. Such support personnel shall not be
commissioned officers. (Ord. 057-21 § 1; Ord. 002-20 § 2).
SECTION 2. Amendment. Chapter 10.04 of the Port Orchard Municipal Code is hereby
amended to read as follows:
Chapter 10.04
STATUTES ADOPTED
Sections:
10.04.010 Adoption by reference.
10.04.020 Additional provisions adopted.
10.04.030 Sections not adopted.
10.04.010 Adoption by reference.
The "Washington Model Traffic Ordinance," Chapter 308-330 WAC, except as identified in POMC
10.04.030 and as amended in POMC 10.04.040, is adopted by reference as the traffic ordinance
of the city of Port Orchard as if set forth in full. (Ord. 005-11 § 1; Ord. 1605 § 1, 1994).
10.04.020 Additional provisions adopted.
The following sections of the Washington Administrative Code (WAC) and the Revised Code of
Washington (RCW) are adopted by reference, with any amendments thereto, and are included
in the traffic ordinance of this city as if fully set forth herein: RCW 46.20.710. (Ord. 005-11 § 2;
Ord. 1605 § 2, 1994).
10.04.030 Sections not adopted.
The following sections of the Washington Model Traffic Ordinance are not adopted by reference
and are expressly deleted:
WAC 308-330-250 Police Department to administer bicycle licenses
WAC 308-330-255 Police Department to regulate parking meters
WAC 308-330-275 Traffic safety commission — Powers and duties
WAC 308-330-500 Bicycle license required
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WAC 308-330-505 Bicycle license application
WAC 308-330-510 Issuance of bicycle license
WAC 308-330-515 Attachment of bicycle license plate or decal
WAC 308-330-520 Inspection of bicycles
WAC 308-330-525 Renewal of bicycle license
WAC 308-330-530 Bicycle transfer of ownership
WAC 308-330-535 Bicycle rental agencies
WAC 308-330-540 Bicycle dealers
WAC 308-330-825 RCW sections adopted —Littering
10.04.040 Model Traffic Ordinance, local amendments.
WAC 308-330-320 is amended to read as follows:
The following sections of the Revised Code of Washington (RCW) pertaining to vehicle size,
weight, and load as now or hereafter amended are hereby adopted by reference as a part of
this chapter in all respects as though such sections were set forth herein in full: RCW 46.44.010,
46.44.013, 46.44.020, 46.44.030, 46.44.034, 46.44.036, 46.44.037, 46.44.041, 46.44.042,
46.44.043, 46.44.047, 46.44.050, 46.44.060, 46.44.070, 46.44.105, 46.44.170, 46.44.173,
46.44.175, 46.44.180, and 46.44.190.
WAC 308-330-187 is amended to read as follows:
Traffic division.
"Traffic division" means the traffic division of the City of Port Orchard, staffed by
noncommissioned members of the Community Development Department authorized to issue
civil infractions pursuant to the Port Orchard Municipal Code, provided, commissioned
members of the police department retain concurrent jurisdiction to issue civil infractions
pursuant to Chapter 46.63 RCW and this Title.
SECTION 3. Amendment. Section 10.12.010 of the Port Orchard Municipal Code is hereby
amended to read as follows:
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,
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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, 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)
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(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.
(16) "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)
(17) "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)
(18) "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)
(19) "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)
(20) "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)
(21) "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)
(22) "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
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pedestrians. (RCW 46.04.540)
(23) "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)
(24) "Street" means a "city street." (WAC 308-330-175)
(25) "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)
(26) "Taxicab stand" means a fixed portion of a highway set aside for taxicabs to stand or wait
for passengers. (WAC 308-330-181)
(27) "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) "Traffic division" means the traffic division of the City of Port Orchard, staffed by
noncommissioned members of the Community Development Department authorized to issue
civil infractions pursuant to the Port Orchard Municipal Code, provided, commissioned
members of the police department retain concurrent jurisdiction to issue civil infractions
pursuant to Chapter 46.63 RCW and this Title.
(29) "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.
(30) "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)
(31) "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).
SECTION 4. 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 S. Publication. This Ordinance shall be published by an approved summary
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consisting of the title.
SECTION 6. Savings Clause. Those portions 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 7. 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 911 day of August 2022.
ATTEST:
DocuSigned by:
58B7124UB 14.
Brandy Wal ace, MMC, City Clerk
APP�IQ�/gQpbAS TO FORM:
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Charlotte A. Archer, City Attorney
PUBLISHED: August 19, 2022
EFFECTIVE DATE: August 24, 2022
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Robert Putaansuu, Mayor
SPONSOR:
Scott Diener, Councilmember
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