002-23 - Ordinance - Payment of Late Fees for ParkingDocuSign Envelope ID: 9594026E-25CE-4BDA-9807-388094F51EE5
ORDINANCE NO. 002-23
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
PERTAINING TO THE PAYMENT OF LATE FEES FOR PARKING,
STANDING, AND STOPPING; AMENDING PORT ORCHARD
MUNICIPAL CODE SECTION 10.12.400; PROVIDING FOR
SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE
DATE.
WHEREAS, Revised Code of Washington (RCW) 46.90.010 and Washington Administrative
Code (WAC) 308-330-270 authorizes the City to adopt regulations to prohibit, regulate, or limit
stopping, standing, or parking of vehicles in areas of the City; and
WHEREAS, by Ordinance No. 1650, the City Council adopted Chapter 10.12 of the Port
Orchard Municipal Code (POMC) to enact Regulations and Fees Related to Parking, Stopping, or
Standing in certain areas of the City, including a $25.00 penalty for such infractions to be paid
within 15 days of issuance set out at POMC 10.12.400; and
WHEREAS, in 2021, the Washington State Legislature enacted Engrossed Substitute
Senate Bill 5226, with an effective date of January 1, 2023, codified at RCW 46.63.060, which
extended the amount of time allotted for the payment of a parking, standing, or stopping
infraction from 15 days to 30 days; and
WHEREAS, the City Council finds it is in the best interests of the City and its residents to
amend POMC 10.12.400 to reflect the change in state law; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Amendment. Section 10.12.400 of the Port Orchard Municipal Code is
hereby amended to read as follows:
10.12.400 Payment due —Late fees.
Penalties shall be paid within 30 calendar days of the date of issuance of the infraction. If
the penalty is not paid within the 30 days and the infraction has not been contested, a late fee of
an additional $25.00 shall be charged for each notice of infraction.
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
DocuSign Envelope ID: 9594026E-25CE-4BDA-9807-388094F51 EE5
Ordinance No. 002-23
Page 2 of 2
section, sentence, clause or phrase of this Ordinance.
SECTION 3. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 4. 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 S. 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 14t" day of February 2023.
A uligned by:
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Brandy Wallace, MMC, City Clerk
APPf�OVS-DdA TO FORM:
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Charlotte A. Archer, City Attorney
PUBLISHED: February 17, 2023
EFFECTIVE DATE: February 22, 2023
DocuSigned by:
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Mark Trenary, Mayor Pro -Tern
SPONSOR:
Scott Diener, Councilmember
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