2009_01 Supplement 17SUPPLEMENT DIRECTIONS
Updated by:
PORT ORCHARD MUNICIPAL CODE
Dated:
Supplement No. 17 — January 2009
Covering Ordinances through 041-08
New, reprinted pages included with this supplement are listed by title and page number in the
right-hand column below. The left-hand column lists obsolete material which should be removed
from the code. Follow the instruction columns in sequence: remove and replace pages as necessary.
When completed, insert these directions in a convenient place near the front of the code book. For
future reference, the person making these changes may also date and initial this page.
This supplement includes legislation covering ordinances through 041-08, passed November 12,
2008.
Remove these pages
Insert these pages
Preface........................................................................... Preface
Table of Revised Pages
Title 1
Title 2
Title 5
Title 9
Title 10
1................................
5-6 ..........................
1-6 ..........................
9 — 10 ........................
21 — 26 ......................
28.1— 30 ...................
......................................... 1
................................. 5 — 10
................................... 1-6
................................. 9 — 10
.......................... 21 — 24/26
............................... 29 — 38
1............................................................................... 1
33 — 36.2..................................................... 33 — 36.2
41 — 44...................................................... 41 — 42/44
55 — 56........................................................... 55 — 58
1............................................................................... 1
9 — 10............................................................... 9 — 10
26.3 — 32...................................................... 27 — 32b
1-8 ..........................
13 — 16.2 ...................
18a — 18.2 ..................
21 — 32 ......................
................................... 1-8
............................ 13 — 16.4
.......................... 18a — 18.2
............................. 21 — 32b
(Revised 1/09)
Remove these pages Insert these pages
Title 12
1............................................................................... 1
Title 13
1 - 10.2......................................................... 1 - 10.8
Title 14
Title 15
3- 12/14..................................................... 3- 10/14
16.3 - 16.6............................................. 16.3 - 16.6b
26.1 - 30..................................................... 27 - 30.4
33-34........................................................ 33-34.2
Tables
A-13 - A-14.......................................... A-13 - A-14
B-11 - B-12........................................... B-11 - B-12
B-18.1 - B-22........................................ B-19 - B-22
B-25 - B-26........................................... B-25 - B-26
B-29 - B-30........................................... B-29 - B-32
Index
1 - 20............................................................... 1 - 21
Please call Code Publishing Company (206-527-6831) should questions
arise while removing and replacing supplement pages.
(Revised 1/09)
PREFACE
Citation to the Port Orchard Municipal Code: This code should be cited as POMC; i.e., "see
POMC 3.08.010". A POMC title should be cited POMC Title 3. A POMC chapter should be cited
Chapter 3.08 POMC. A POMC section should be cited POMC 3.08.010. Through references should
be made as POMC 3.08.010 through 3.08.040. Series of sections should be cited as POMC 3.08.010,
3.08.020, and 3.08.030.
Numbering system: The number of each section of this code consists of three parts, in sequence
as follows: Number of title; number of chapter within the title; number of section within the chapter.
Thus POMC 3.08.020 is Title 3, chapter 8, section 20. The section part of the number (.020) initially
consists of three digits. This provides a facility for numbering new sections to be inserted between
existing sections already consecutively numbered. In most chapters of the POMC, sections have been
numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers between original sections
so that for a time new sections may be inserted without extension of the section number beyond three
digits.
Legislation: The legislative source of each section is enclosed in parentheses at the end of the
section. References to ordinances are abbreviated; thus "(Ord. 1122 § 1, 1992; Ord. 779 § 2, 1984)"
refers to section 1 of Ordinance No. 1122 and section 2 of Ordinance No. 779. "Formerly" followed
by a POMC citation preserves the record of original codification. A semicolon between ordinance
citations indicates an amendment of the earlier section.
Codification tables: To convert an ordinance citation to its POMC number consult the codifica-
tion tables.
Index: POMC Titles 1 through 17 are indexed in the Index. The index includes complete cross-
referencing and is keyed to the section numbers described above.
Errors or omissions: Although considerable care has been used in the production of this code, it
is inevitable in so large a work that there will be errors. As users of this code detect such errors, it is
requested that a note citing the section involved and the nature of the error be e-mailed to:
CPC@codepublishing.com, so that correction may be made in a subsequent update.
Computer access: Code Publishing Company supports a variety of electronic formats for search-
ing, extracting, and printing code text; please call the publisher for more information.
CODE PUBLISHING COMPANY
Seattle, Washington
(206) 527-6831
(Revised 1/09)
Port Orchard Municipal Code
Table of Revised Pages
TABLE OF REVISED PAGES
The following table is included in this code as a guide for determining whether the code volume properly
reflects the latest printing of each page. This table will be updated with the printing of each supplement.
Through usage and supplementation, pages in looseleaf publications can be inserted and removed in error
when pages are replaced on a page -for -page substitution basis.
The "Page" column lists all page numbers in sequence. The "Revised Date" column reflects the latest
revision date (e.g., "(Revised 11/97)") and printing of pages in the up-to-date volume. A "-" indicates that
the page has not been revised since the 1997 republication. This table reflects all changes to the code through
Ordinance 041-08, passed November 12, 2008.
Page Revised Date
Table of Contents ..................................................... -
Preface................................................................... 1/09
Title 1
1.............................................................................
1/09
3,4 .........................................................................
8/98
5,6 .........................................................................
1/09
7,8 .........................................................................
1/09
9, 10.......................................................................
1/09
Title 2
1.............................................................................
1/09
3,4 .........................................................................
1/09
5,6 .........................................................................
1/09
7,8 .........................................................................
8/98
8.1, 8.2...................................................................
8/98
9,10 .......................................................................
1/09
11,12 .....................................................................
1/02
13,14 .....................................................................
1/02
15,16 .....................................................................
5105
17,18 ........................................................................
-
19, 20........................................................................
-
21,22 .....................................................................
1/09
23, 24/26................................................................
1/09
27,28 .....................................................................
6/03
29,30 .....................................................................
1/09
31,32 .....................................................................
1/09
33,34 .....................................................................
1/09
35,36 .....................................................................
1/09
37,38 .....................................................................
1/09
Title 3
1.............................................................................
6/03
3,4 .........................................................................
6/02
5,6 .........................................................................
6/99
7,8 .........................................................................
6/03
9,10 .......................................................................
8/98
11,12 ................................................................... 12/98
13, 14.....................................................................
2/00
15...........................................................................
2/00
Page Revised Date
Title 4
1................................................................................
Title 5
1.............................................................................
1/09
3,4 ............................................................................
-
5, 6.......................................................................
12/99
7,8 .......................................................................
12/99
9,10 .......................................................................
5/05
11,12 .....................................................................
5/05
12.1, 12.2...............................................................
5105
13,14 .....................................................................
8/98
15,16 .....................................................................
1/09
17,18 .....................................................................
1/09
18.1, 18.2...............................................................
1/09
19,20 .....................................................................
1/02
20.1, 20.2...............................................................
1/02
21,22 .....................................................................
2/00
23,24 .....................................................................
6/02
25,26 .....................................................................
8/98
27,28 .....................................................................
8/98
28.1, 28.2...............................................................
8/98
29,30 ........................................................................
-
31, 32...................................................................
12/02
33,34 .....................................................................
1/09
35,36 .....................................................................
1/09
36.1, 36.2...............................................................
1/09
37,38 ........................................................................
-
39, 40........................................................................
-
41, 42/44................................................................
1/09
45,46 .....................................................................
6/02
47,48 ........................................................................
-
49, 50...................................................................
12/02
51,52 ...................................................................
12/02
53,54 .....................................................................
2/03
55,56 .....................................................................
1/09
57,58 .....................................................................
1/09
Title 6
1................................................................................ -
3, 4......................................................................... 8/98
(Revised 1/09)
Table of Revised Pages
Page
Revised Date Page Revised Date
5, 6/8..................................................................... 8/98
9,10 .......................................................................... -
Title 7
1..........................................................................
10/04
3,4 ........................................................................
5105
4.1, 4.2..................................................................
5105
5,6 ........................................................................
6/03
7,8 ........................................................................
6/04
9,10 ......................................................................
6/04
11,12 ....................................................................
6/04
12.1, 12.2..............................................................
6/04
13,14 ..................................................................
10/04
14.1, 14.2............................................................
10/04
14.3, 14.4............................................................
10/04
15,16 ..................................................................
12/02
16.1, 16.2............................................................
12/02
17,18 ....................................................................
6/99
19,20 ....................................................................
6/99
21..........................................................................
6/99
Title 8
1................................................................................ -
Title 9
1............................................................................
1/09
3,4 ........................................................................
6/03
5,6 ........................................................................
6/03
7,8 ........................................................................
6/04
9,10 ......................................................................
1/09
11,12 ....................................................................
6/03
13,14 ....................................................................
6/03
15,16 ....................................................................
1/09
17,18 ....................................................................
1/09
18.1, 18.2..............................................................
1/09
19,20 ....................................................................
6/04
21,22 ....................................................................
6/03
23,24 ..................................................................
10/04
25,26 ....................................................................
6/03
26.1, 26.2..............................................................
6/03
27,28 ....................................................................
1/09
29,30 ....................................................................
1/09
31,32 ....................................................................
1/09
32a, 32b.................................................................
1/09
32.1, 32.2............................................................
12/02
33,34 ....................................................................
1/09
35..........................................................................
1/09
Title 10
1............................................................................
1/09
3,4 ........................................................................
1/09
5,6 ........................................................................
1/09
7,8 ........................................................................
1/09
9,10 ......................................................................
6/03
10.1, 10.2..............................................................
6/03
11,12 ........................................................................
-
13, 14.....................................................................
1/09
15,16 .....................................................................
1/09
16.1, 16.2...............................................................
1/09
16.3, 16.4...............................................................
1/09
17,18 ................................................................... 10/04
18a, 18b.................................................................
1/09
18c, 18d.................................................................
1/09
18.1, 18.2...............................................................
1/09
18.3, 18.4...............................................................
1/04
19,20 .....................................................................
1/04
20.1, 20.2...............................................................
8/98
21,22 .....................................................................
1/09
23,24 .....................................................................
1/09
25,26 .....................................................................
1/09
27,28 .....................................................................
1/09
29,30 .....................................................................
1/09
31,32 .....................................................................
1/09
32a, 32b.................................................................
1/09
32.1, 32.2...............................................................
6/99
33............................................................................
8/98
Title 11
1................................................................................ -
3, 4....................................................................... 11/97
Title 12
1............................................................................. 1/09
3,4 ............................................................................ -
5, 6............................................................................ -
7, 8............................................................................ -
9, 10....................................................................... 1/09
11,12 ..................................................................... 1/09
13, 14..................................................................... 1/09
Title 13
1.............................................................................
1/09
3,4 .........................................................................
1/09
5,6 .........................................................................
1/09
7,8 .........................................................................
1/09
9, 10.......................................................................
1/09
10.1, 10.2...............................................................
1/09
10.3, 10.4...............................................................
1/09
10.5, 10.6...............................................................
1/09
10.7, 10.8...............................................................
1/09
11,12 ........................................................................
-
Title 14
1................................................................................ -
3, 4.......................................................................
12/99
5,6 .........................................................................
1/09
7,8 .......................................................................
12/99
9,10 .....................................................................
12/99
11,12 ...................................................................
12/99
13.........................................................................
12/99
(Revised 1/09) 11
Port Orchard Municipal Code
Table of Revised Pages
Page Revised Date
Title 15
1.............................................................................
1/01
3,4 .........................................................................
1/09
5,6 .........................................................................
1/09
7,8 .........................................................................
1/09
9, 10/14..................................................................
1/09
14.1, 14.2...............................................................
1/01
14.3, 14.4...............................................................
1/04
14.5, 14.6...............................................................
1/04
15,16 .....................................................................
1/09
16a, 16b.................................................................
1/09
16.1, 16.2...............................................................
1/04
16.3, 16.4...............................................................
1/09
16.5, 16.6...............................................................
1/09
16.6a, 16.6b...........................................................
1/09
16.7, 16.8...............................................................
1/04
16.9, 16.10.............................................................
1/04
16.11, 16.12...........................................................
6/99
17,18 .....................................................................
8/98
19,20 .....................................................................
6/02
21,22 .....................................................................
6/02
23,24 .....................................................................
6/02
24.1, 24.2...............................................................
6/02
24.3, 24.4...............................................................
6/02
24.5, 24.6...............................................................
6/02
24.7, 24.8...............................................................
6/02
24.9, 24.10.............................................................
6/02
24.11, 24.12...........................................................
6/02
24.13, 24.14...........................................................
6/02
25,26 .....................................................................
6/02
27,28 .....................................................................
1/09
29,30 .....................................................................
1/09
30.1, 30.2...............................................................
1/09
30.3, 30.4...............................................................
1/09
31,32 ........................................................................
-
33, 34.....................................................................
1/09
34.1, 34.2...............................................................
1/09
35...........................................................................
8/98
Title 16
1................................................................................ -
3, 4.........................................................................
1/04
5,6 .........................................................................
1/04
7,8 .........................................................................
1/04
9.............................................................................
1/04
Title 17
1............................................................................. 8/98
3,4 ......................................................................... 6/02
5............................................................................. 6/02
Street Vacation Table
A-1, A-2...................................................................
A-3, A-4...................................................................
A-5, A-6...................................................................
Page Revised Date
A-7, A-8................................................................... -
A-9, A-10................................................................. -
A-11, A-12............................................................ 1/01
A-13, A-14............................................................ 1/09
Ordinance Table
B-1, B-2.................................................................... -
B-3, B-4....................................................................
-
B-5, B-6.................................................................
1/02
B-7, B-8.................................................................
1/02
B-9, B-10...............................................................
1/02
B-11, B-12.............................................................
1/09
B-13, B-14.............................................................
1/02
B-15, B-16.............................................................
2/00
B-17, B-18.............................................................
6/03
B-19, B-20.............................................................
1/09
B-21, B-22.............................................................
1/09
B-23, B-24.............................................................
6/02
B-25, B-26.............................................................
1/09
B-27, B-28.............................................................
6/04
B-29, B-30.............................................................
1/09
B-31, B-32.............................................................
1/09
Index
IndexPreface............................................................ -
1, 2.........................................................................
1/09
3,4 .........................................................................
1/09
5,6 .........................................................................
1/09
7,8 .........................................................................
1/09
9,10 .......................................................................
1/09
11,12 .....................................................................
1/09
13,14 .....................................................................
1/09
15,16 .....................................................................
1/09
17,18 .....................................................................
1/09
19,20 .....................................................................
1/09
21...........................................................................
1/09
ill (Revised 1/09)
Chapters:
1.04 Code
1.08 Repealed
1.12 Comprehensive Plan
1.16 Official Newspaper
1.18 Public Records Requests
Title 1
GENERAL PROVISIONS
1-1
(Revised 1/09)
Port Orchard Municipal Code
1.12.020
Chapter 1.08
VOTING PRECINCTS
(Repealed by Ord. 1657)
Chapter 1.12
COMPREHENSIVE PLAN
Sections:
1.12.010 Adopted.
1.12.020 Filing required.
1.12.010 Adopted.
The council of the city of Port Orchard does
adopt the 1995 Comprehensive Plan to guide the
future development of the city. (Ord. 1634, 1995;
Ord. 895 § 1, 1972).
1.12.020 Filing required.
Three copies of the report and supplemental
sheet thereto shall be immediately filed with the
city clerk and shall be open to public inspection.
(Ord. 895 § 2, 1972).
1-5 (Revised 1/09)
1.16.010
Chapter 1.16
OFFICIAL NEWSPAPER
Sections:
1.16.010 Documents publication.
1.16.010 Documents publication.
All ordinances approved, passed and enacted by
the city council, all public notices and all legal
notices shall be published in the Port Orchard Inde-
pendent, which newspaper is hereby designated as
the official newspaper of the city. (Ord. 1932 § 1,
2004).
Chapter 1.18
PUBLIC RECORDS REQUESTS
Sections:
1.18.010
Authority and purpose.
1.18.020
Location of Port Orchard City Hall —
Contact information — Public records
officer appointed.
1.18.030
Availability of public records.
1.18.040
Processing of public records requests —
General.
1.18.050
Processing of public records requests —
Electronic records.
1.18.060 Exemptions.
1.18.070 Costs of providing copies of public
records.
1.18.080 Review of denials of public records.
1.18.010 Authority and purpose.
(1) RCW 42.56.070(1) requires each agency to
make available for inspection and copying nonex-
empt public records in accordance with published
rules. The Act defines "public record" to include
any "writing containing information relating to the
conduct of government or the performance of any
governmental or proprietary function prepared,
owned, used, or retained" by the agency. RCW
42.56.070(2) requires each agency to set forth "for
informational purposes" every law, in addition to
the Public Records Act, that exempts or prohibits
the disclosure of public records held by that
agency.
(2) The purpose of this chapter is to establish
the procedures the city of Port Orchard will follow
in order to provide full access to public records.
These rules provide information to persons wish-
ing to request access to public records of the city of
Port Orchard and establish processes for both
requestors and city of Port Orchard staff that are
designed to best assist members of the public in
obtaining such access.
(3) The purpose of the act is to provide the pub-
lic full access to information concerning the con-
duct of government, mindful of individuals'
privacy rights and the desirability of the efficient
administration of government. The act and these
rules will be interpreted in favor of disclosure. In
carrying out its responsibilities under the act, the
(Revised 1/09) 1-6
Port Orchard Municipal Code
1.18.030
city of Port Orchard will be guided by the provi-
sions of the act describing its purposes and inter-
pretation.
(4) The provisions of this chapter shall not
apply to court files and judges' files maintained by
the Port Orchard municipal court in connection to
judicial proceedings. Access to these records is
governed by court rules and common law.
(5) The provisions of this chapter shall not be
construed to create any additional legal obligations
upon the city or an independent cause of action
against the city. (Ord. 033-08 § 1).
1.18.020 Location of Port Orchard City Hall —
Contact information — Public
records officer appointed.
(1) Port Orchard City Hall is located at: 216
Prospect Street, Port Orchard, WA 98366.
(2) The city clerk is hereby designated as the
public records officer for the city of Port Orchard.
The mayor may, in his or her discretion, assign
additional staff and/or the city attorney to assist the
city clerk in responding to public records requests.
Requests for records maintained by the Port
Orchard police department will be processed by the
police department. The city clerk will assist the
police department as necessary.
(3) Public records requests relating to the
records of the Port Orchard police department
should be delivered to:
Public Records Officer: Port Orchard Police
Department
546 Bay Street
Port Orchard, WA 98366
Phone (360) 876-1700
Fax (360) 876-5546
All other requests for access to the public
records of the city of Port Orchard (or when seek-
ing assistance in making such a request) should be
delivered to the public records officer of the city of
Port Orchard:
Public Records Officer: Port Orchard City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Phone (360) 876-4407
Fax (360) 895-9029
(4) The public records officer will oversee
compliance with the Act, but another employee or
the city attorney may process the request. There-
fore, these rules will refer to the public records
officer "or designee." (Ord. 033-08 § 1).
1.18.030 Availability of public records.
(1) Hours for Inspection of Records. Pursuant
to the provisions of POMC 1.18.040(6), once pub-
lic records are available for inspection and copy-
ing, they shall be made available to the requestor
during normal business hours of the city of Port
Orchard, 8:00 a.m. to 4:30 p.m., Monday through
Friday. Records to be viewed must be viewed at the
offices of the city of Port Orchard.
(2) Records Index. The city of Port Orchard
finds that maintaining an index is unduly burden-
some and would interfere with city of Port Orchard
operations. The requirement would unduly burden
or interfere with city of Port Orchard operations in
the following ways: the magnitude and diversity of
documents produced by city of Port Orchard
departments and the employees within the depart-
ments, all utilizing their own computers, has
resulted in the creation of many different indexes
as created by the computer user. The diversity in
computer program applications utilized on each
personal computer and the organization of docu-
ments created by those applications is impossible
to organize into a single index. The performance of
the city of Port Orchard's overall mission does not
allow for the addition to, or the revision or reas-
signment of, duties for existing personnel so that a
single index can be developed and maintained
without hiring additional staff. Anticipated reve-
nue, along with adopted priorities for expenditures,
does not allow for the hiring of additional staff
whose job would be solely devoted to creating and
maintaining a single, all-inclusive index.
(3) Organization of Records. The city of Port
Orchard will maintain its records in a reasonably
organized manner. The city of Port Orchard will
take reasonable actions to protect records from
damage and disorganization. A requestor shall not
take original city of Port Orchard records from the
city of Port Orchard.
(4) Making a Request for Public Records. Any
person wishing to inspect or copy public records of
the city of Port Orchard shall make the request in
writing on the city of Port Orchard public records
1-7 (Revised 1/09)
1.18.040
request form, or by letter or fax addressed to the
public records officer and including the informa-
tion listed below:
(a) Name of requestor;
(b) Address of requestor;
(c) Other contact information, including
telephone number and email address;
(d) Sufficient identification/description of
the public records being sought;
(e) The date of the request; and
(f) Whether the requestor wishes to:
(i) Inspect the records (inspection of
records is free of charge); or
(ii) Have copies made of the records
(costs charged to requestor); or
(iii) Have the records copied to disk if
technically feasible (cost of disk charged to
requestor); or
(iv) Have the records scanned and pro-
vided via email or copied to disk (scanning cost
and disk cost charged to requestor); or
(v) Have the records provided via email,
if technically feasible (free of charge to requestor).
(5) Email Requests for Records. The city of
Port Orchard will not accept requests for public
records sent via email correspondence because of
the risk of hardware or software failure inherent
with email transmission, and because designated
staff may be unable to respond promptly, as
required by law, due to illness or vacation leave.
(6) Request Form. A form for requesting public
records is available for use by requestors at City
Hall and on the city's website. (Ord. 033-08 § 1).
1.18.040 Processing of public records
requests — General.
(1) Prompt Response. The public records
officer or designee will process requests in the
order allowing the most requests to be processed
promptly and in the most efficient manner.
(2) Acknowledging Receipt of Request. Within
five business days of receipt of the request, the
public records officer will do one or more of the
following:
(a) Make the records available for inspec-
tion or copying;
(b) If copies are requested, provide the cop-
ies to the requestor after payment for the copies has
been made by the requestor, or, if copies are being
released in installments, after payment of a deposit
is made pursuant to POMC 1.18.070;
(c) Provide a reasonable estimate of when
records will be available for inspection or copying.
Additional time needed to respond to a request may
be based upon the need to clarify the intent of the
request, to locate and assemble the information
requested, to notify third persons or agencies
affected by the request, or to determine whether
any of the information requested is exempt and that
a denial should be made as to all or part of the
request;
(d) If the request is unclear or does not suf-
ficiently identify the requested records, request
clarification from the requestor. Such clarification
may be requested and provided by telephone. The
public records officer or designee may revise the
estimate of when records will be available based on
the clarification from the requestor. If the requestor
fails to clarify the request, the city of Port Orchard
need not respond to the request; or
(e) Deny the request.
(3) Consequences of Failure to Respond. If the
city of Port Orchard does not respond in writing
within five business days of receipt of the request
for disclosure, the requestor should consider con-
tacting the public records officer to determine the
reason for the failure to respond.
(4) Protecting Rights of Others. In the event
that the requested records contain information that
may affect the rights of others and may be exempt
from disclosure, the public records officer may,
prior to providing the records, give notice to such
others whose rights may be affected by the disclo-
sure. Such notice should be given so as to make it
possible for those other persons to seek an order
from a court to prevent or limit the disclosure. The
notice to the affected persons will include a copy of
the request.
(5) Records Exempt from Disclosure. See
POMC 1.18.060.
(6) Inspection of Records. If a requestor seeks
an opportunity to inspect public records, and once
the records are available for inspection, the follow-
ing provisions apply:
(a) Consistent with other demands, the city
of Port Orchard shall promptly provide space to
inspect public records. No member of the public
may remove a document from the viewing area or
disassemble or alter any document. The requestor
shall indicate which documents he or she wishes
the agency to copy. The public records officer or
(Revised 1/09) 1-8
Port Orchard Municipal Code
1.18.060
designee will be present when records are being
inspected.
(b) The requestor must claim or review the
assembled records within 30 days of the city of
Port Orchard notification to him or her that the
records are available for inspection or copying.
The agency will notify the requestor in writing of
this requirement and inform the requestor that he or
she should contact the city to make arrangements
to claim or review the records. If the requestor or a
representative of the requestor fails to claim or
review the records within the 30-day period or
make other arrangements, the city of Port Orchard
may close the request and refile the assembled
records. Other public records requests can be pro-
cessed ahead of a subsequent request by the same
person for the same or almost identical records,
which can be processed as a new request.
(7) Providing Copies of Records. After inspec-
tion is complete, the public records officer or des-
ignee shall make any requested copies or arrange
for copying. The public records officer must
inform the requestor of the time necessary to pro-
vide the requested copies, consistent with subsec-
tion (2) of this section.
(8) Providing Records in Installments. When
the request is for a large number of records, the
public records officer or designee will provide
access for inspection and copying in installments,
if he or she reasonably determines that it would be
practical to provide the records in that way. If,
within 30 days, the requestor fails to inspect either
the entire set of records made available, or one or
more of the installments made available, the public
records officer or designee may stop searching for
the remaining records and close the request.
(9) Completion of Inspection. When the search
for requested records is complete and the non-
exempt records are provided as requested, the pub-
lic records officer or designee will indicate that the
city of Port Orchard has completed a diligent
search for the requested records and made any
located nonexempt records available for inspection
and/or copying.
(10) Closing Withdrawn or Abandoned
Request. When the requestor either withdraws the
request or fails to fulfill his or her obligations to
inspect the records or pay the deposit or final pay-
ment for the requested copies, the public records
officer will close the request and indicate to the
requestor that the city of Port Orchard has closed
the request.
(11) Later Discovered Documents. If, after the
city of Port Orchard has informed the requestor
that it has provided all available records, the city of
Port Orchard becomes aware of additional respon-
sive documents existing at the time of the request,
it will promptly inform the requestor of the addi-
tional documents and make the records available
for inspection or copying.
(12) No Duty to Create Records. The city is not
obligated to create a new record in order to satisfy
a request for records. (Ord. 033-08 § 1).
1.18.050 Processing of public records
requests — Electronic records.
(1) Requesting Electronic Records. The process
for requesting electronic public records is the same
as the process for requesting paper public records.
(2) Providing Electronic Records. When a
requestor requests records in an electronic format,
if technically feasible, the public records officer
will provide the nonexempt records or portions of
such records that are reasonably locatable in an
electronic format that is used by the city of Port
Orchard and is generally commercially available;
or will provide the records in a format that is rea-
sonably translatable from the format in which the
agency keeps the record.
(3) Customized Access to Databases. With the
consent of the requestor, the city of Port Orchard
may provide customized access under RCW
43.105.280 if the record is not reasonably locatable
or not reasonably translatable into the format
requested. The city of Port Orchard may charge a
fee consistent with RCW 43.105.280 for such cus-
tomized access. (Ord. 033-08 § 1).
1.18.060 Exemptions.
(1) The Public Records Act provides that a
number of types of documents are exempt from
public inspection and copying. If the city of Port
Orchard believes that a record is exempt from dis-
closure and should be withheld, the public records
officer will provide a brief explanation of why the
record or a portion of the record is being withheld.
If only a portion of a record is exempt from disclo-
sure, but the remainder is not exempt, the public
records officer will redact (e.g., black out) the
exempt portions, provide the nonexempt portions,
1-9 (Revised 1/09)
1.18.070
and indicate to the requestor why portions of the
record are being redacted. For informational pur-
poses, the city maintains a current list containing
every law, other than those listed in Chapter 42.56
RCW, that the city believes exempts or prohibits
disclosure of specific information or records. Fail-
ure to list an exemption shall not affect the efficacy
of any exemption. This list of exemptions and pro-
hibitions against release of records is on file with
the public records officer and is available for view-
ing or release at no charge to the requestor. This list
is subject to change as state and federal law
changes.
(2) The city of Port Orchard is prohibited by
statute from disclosing lists of individuals for com-
mercial purposes. (Ord. 033-08 § 1).
1.18.070 Costs of providing copies of public
records.
(1) Costs for Paper Copies. There is no fee for
inspecting public records. A requestor may obtain
standard eight and one-half inch by 11-inch black
and white photocopies for $0.15 per page. If a
request requires the use of a commercial copy ser-
vice, including but not limited to large -copy
projects, color copies, and oversized copies, the
costs for copies will be the actual cost of the copies
charged by such outside vendor.
The public records officer or designee may
require a deposit of up to 10 percent of the esti-
mated costs of copying the records selected or
requested. The public records officer or designee
may also require payment in full of the remainder
of the copying costs before providing all the
records, after deducting any deposit paid. The pub-
lic records officer or designee may request pay-
ment in full of the cost of copying an installment of
records before providing that installment. The city
of Port Orchard will not charge sales tax when cop-
ies of public records are reproduced at City Hall;
however, if copies must be sent to an outside ven-
dor for copying, the cost of sales tax will be
charged to the requestor.
(2) Costs for Electronic Records. The cost of
providing electronic copies of records on a CD-
ROM disk will be the actual cost. There will be no
charge for emailing electronic records to a
requestor, unless another cost applies, such as a
scanning fee.
(3) Costs of Mailing. The city of Port Orchard
may also charge actual costs of mailing, including
the cost of a shipping container.
(4) Payment. Payment for the costs of records
may be made by cash, check, or money order made
payable to the city of Port Orchard.
(5) Other statutes govern charges for particular
kinds of records. As examples, RCW 46.52.085
(charges for traffic accident reports); RCW
10.97.100 (copies of criminal histories); RCW
3.62.060 and 3.62.065 (charges for certain records
maintained by courts).
(6) The city of Port Orchard has the discretion
to waive copying charges for documents less than
10 pages for administrative convenience. (Ord.
033-08 § 1).
1.18.080 Review of denials of public records.
(1) Petition for Internal Administrative Review
of Denial of Access. Any person who objects to the
initial denial or partial denial of a records request
may petition in writing to the public records officer
for a review of that decision. The petition shall
include a copy of or reasonably identify the written
statement by the public records officer or designee
denying the request.
(2) Consideration of Petition for Review. The
public records officer shall promptly provide the
petition and any other relevant information to the
Port Orchard mayor with a copy to the city attor-
ney. The mayor will consider the petition and
either affirm or reverse the denial within two busi-
ness days following the city of Port Orchard's
receipt of the petition, or within such other time as
the mayor and the requestor mutually agree.
(3) Judicial Review. Any person may obtain
court review of denials of public records requests
pursuant to RCW 42.56.550 at the conclusion of
two business days after the initial denial, regardless
of any internal administrative review. (Ord. 033-08
§0.
(Revised 1/09) 1-10
Title 2
ADMINISTRATION AND PERSONNEL*
Chapters:
2.04 Council Meetings
2.08 Appointive Officers
2.12 Fire Authority
2.14 Hazardous Materials Emergency Assistance Agreements
2.16 Police Department
2.18 Enrollment of Police Reserve Officers
2.20 Planning Commission
2.24 Repealed
2.26 Library
2.28 Vacations and Leaves of Absence
2.30 Civil Service Commission
2.32 Employees' Retirement System
2.36 Surety Bonds
2.40 Affirmative Action Program
2.44 Auditing Officer
2.48 City Employees
2.50 City Office Hours
2.52 Municipal Court
2.56 Repealed
2.60 Compensation for City Council Members
2.64 Code Enforcement Officer
2.68 Animal Control Appeal Board
2.70 Repealed
2.74 City Hall Facilities
2.76 Hearing Examiner
2.78 Design Review Board
Statutes relating to second-class cities, see Chapter 35.23 RCW.
2-1 (Revised 1/09)
Port Orchard Municipal Code
2.04.060
Chapter 2.04
COUNCIL MEETINGS*
Sections:
2.04.010
Meeting time and place.
2.04.020
Order of procedure.
2.04.030
Special meetings.
2.04.040
Quorum.
2.04.050
Mayor and city clerk.
2.04.060
Order of business.
2.04.070
Presentation of subjects.
2.04.080
Addressing council by nonmember.
2.04.090
Fine for failure to attend meetings.
2.04.100
Motions in writing.
2.04.110
Motions to reconsider.
2.04.120
Journal kept by clerk.
2.04.130
Questions of order.
2.04.140
Council member taking chair from
presiding officer.
2.04.150
Motion to lay matter on the table.
2.04.160
Voting required by council member.
2.04.170
Public meetings.
2.04.180
Motion for adjournment.
2.04.190
Amendment or suspension of council
rules.
2.04.200
Reports to council by committee
chairman.
2.04.210
City employees requested to attend.
2.04.220
Duty of presiding officer.
2.04.225
Repealed.
2.04.230
Rules of order.
2.04.240
Repealed.
* Statutory authority, see RCW 35.23.181 - 35.23.201
2.04.010 Meeting time and place.
The regular meeting of the city council shall be
held on the second and fourth Tuesday of every
month, in the council chambers of City Hall, com-
mencing at the hour of 7:00 p.m. and continuing to
10:00 p.m. To continue past the 10:00 p.m.
adjournment time, a majority of the city council
must concur. In the event any regular meeting falls
on a holiday, the city council shall meet on the next
business day at the same hour. (Ord. 001-08 § 1;
Ord. 006-06 § 1; Ord. 1931 § 1, 2004; Ord. 755
§ 1, 1966).
2.04.020 Order of procedure.
The order of procedure contained in this chapter
shall govern deliberations and meetings of the
council. (Ord. 755 § 2, 1966).
2.04.030 Special meetings.
Special meetings may be called by the mayor or
by a majority of the council members by written
notice as provided in RCW 42.30.080. No ordi-
nances shall be passed or contract let or entered
into, or bill for the payment of money allowed, at
any special meeting. (Ord. 1930 § 1, 2004; Ord.
755 § 3, 1966).
2.04.040 Quorum.
At all meetings of the council, a majority of the
councilmen shall constitute a quorum for the trans-
action of business, but a less number may adjourn
from time to time and may compel the attendance
of absent members in such manner and under such
penalties as may be prescribed by ordinance. (Ord.
755 § 4, 1966).
2.04.050 Mayor and city clerk.
All meetings of the city council shall be presided
over by the mayor, or in the mayor's absence by the
mayor pro tem. If the city clerk is absent from a
council meeting, the deputy city clerk is authorized
to act as city clerk pro tempore. (Ord. 012-05 § 1;
Ord. 755 § 5, 1966).
2.04.060 Order of business.
The order of business shall be as follows:
(1) Call to order and roll call;
(2) Pledge of allegiance;
(3) Citizen comment;
(4) Approving the agenda;
(5) Approving the consent agenda;
(6) Presentations and proclamations;
(7) Public hearings;
(8) New business;
(9) Reports of committees;
(10) Report of mayor;
(11) Reports of council members;
(12) Executive session;
(13) Motions as a result of executive session;
(14) Adjournment. (Ord. 001-08 § 2; Ord. 755
§ 6, 1966).
2-3 (Revised 1/09)
2.04.070
2.04.070 Presentation of subjects.
No member shall speak more than twice on the
same subject without permission of the presiding
officer. (Ord. 755 § 7, 1966).
2.04.080 Addressing council by nonmember.
No person, not a member of the council, shall be
allowed to address the same while in session with-
out the permission of the presiding officer. (Ord.
755 § 8, 1966).
2.04.090 Fine for failure to attend meetings.
Every officer, whose duty it is to report at the
regular meetings of the council, shall, in default
thereof, be fined at the discretion of the council.
(Ord. 755 § 9, 1966).
2.04.100 Motions in writing.
Motions shall be reduced to writing when
required by the presiding officer of the council or
any member of the council. All resolutions and
ordinances shall be in writing. (Ord. 755 § 10,
1966).
2.04.110 Motions to reconsider.
Motions to reconsider must be by a member who
voted with the majority, and at the same or next
succeeding meeting of the council. (Ord. 755 § 11,
1966).
2.04.120 Journal kept by clerk.
The clerk shall keep a correct journal of all pro-
ceedings and at the desire of any member the ayes
and nays shall be taken on any question and entered
in the journal. (Ord. 755 § 12, 1966).
2.04.130 Questions of order.
All questions of order shall be decided by the
presiding officer of the council with the right of
appeal to the council by any member. (Ord. 755 §
13, 1966).
2.04.140 Council member taking chair from
presiding officer.
The presiding officer of the council, may, at his
discretion, call any member to take the chair, to
allow him to address the council, make a motion, or
discuss any other matter at issue. (Ord. 755 § 14,
1966).
2.04.150 Motion to lay matter on the table.
Motions to lay any matter on the table shall be
first in order. On all questions, the last amendment,
the most distant day, and the largest sum shall be
put first. (Ord. 755 § 15, 1966).
2.04.160 Voting required by council member.
Each member present must vote on all questions
put to the council, except as to matters with respect
to which such council member has a personal
financial interest; matters presented for council
consideration by an entity other than the city in
which the council's determination is advisory only;
or meeting minutes of a meeting the council mem-
ber did not attend. (Ord. 005-06 § 1; Ord. 755 § 16,
1966).
2.04.170 Public meetings.
All regular meetings of the council shall be pub-
lic and no ordinance, resolution, rule, regulation,
order or directive shall be adopted except in a reg-
ular meeting open to the public, the date of which
is fixed by law or rule; but, executive sessions,
from which the public is excluded, may be held for
purposes other than the final adoption of an ordi-
nance, resolution, rule, regulation, order or direc-
tive. (Ord. 755 § 17, 1966).
2.04.180 Motion for adjournment.
A motion for adjournment shall be always in
order. (Ord. 755 § 18, 1966).
2.04.190 Amendment or suspension of council
rules.
The rules of the council may be altered,
amended, or temporarily suspended by a vote of
two-thirds of the members present. (Ord. 755 § 19,
1966).
2.04.200 Reports to council by committee
chairman.
The chairman of each respective committee, or
the councilman acting for him in his place, shall
submit or make all reports to the council when so
requested by the presiding officer or any member
of the council. (Ord. 755 § 20, 1966).
2.04.210 City employees requested to attend.
The clerk, engineer, attorney, and chief of
police, and such other officers or employees of the
city, shall, when requested, attend all meetings of
(Revised 1/09) 2-4
Port Orchard Municipal Code
2.08.020
the council and shall remain in the council room for
such length of time as the council may direct. (Ord.
755 § 21, 1966).
2.04.220 Duty of presiding officer.
It shall be the duty of the presiding officer of the
council meeting to:
(1) Call the meeting to order;
(2) Keep the meeting to its order of business;
(3) State each motion and require a second to
that motion before permitting discussion;
(4) Handle discussion in an orderly way:
(a) Give every councilman who wishes an
opportunity to speak;
(b) Permit audience participation at appro-
priate times;
(c) Keep all speakers to the rules and to the
questions;
(d) Give pro and con speakers alternating
opportunities to speak;
(5) Put motions to a vote and announce the out-
come;
(6) Suggest but not make motions for adjourn-
ment. (Ord. 1923 § 1, 2003; Ord. 1232 § 1, 1983;
Ord. 755 § 22, 1966).
2.04.225 Committees established.
Repealed by Ord. 1934. (Ord. 1923 §§ 3, 4,
2003).
2.04.230 Rules of order.
Robert's Rules of Order, Revised, shall govern
the deliberations of the council except when in
conflict with any of the rules set forth in this chap-
ter. (Ord. 755 § 23, 1966).
2.04.240 Council committees.
Repealed by Ord. 004-06. (Ord. 1934 § 2,
2004).
Chapter 2.08
APPOINTIVE OFFICERS*
Sections:
2.08.010 Appointment and removal of the city
clerk, city treasurer, city engineer and
police chief.
2.08.020 City attorney.
2.08.030 Compensation of city attorney.
* Generally — See RCW 35.23.021.
2.08.010 Appointment and removal of the city
clerk, city treasurer, city engineer
and police chief.*
The mayor of the city may appoint or remove
the city clerk, city treasurer, city engineer and the
police chief subject to a confirmation vote by a
majority of not less than four members of the city
council. Such appointments and removals must be
in writing, signed by the mayor and filed with the
city clerk. (Ord. 1830 § 1, 2001; Ord. 1223 § 1,
1982; Ord. 1056 § 1, 1978; Ord. 919 § 1, 1973;
Ord. 759 § 1, 1966; Ord. 685 § 1, 1961).
* Appointment authorized — See RCW 35.23.021.
2.08.020 City attorney.
(1) Appointment and Removal of the City
Attorney. There is hereby created the position of
city attorney. The mayor may appoint or remove
the city attorney with confirmation by a majority
vote of the city council. In lieu of the city attorney
being a city employee, the city may enter into a
professional services contract with a law firm or an
individual upon agreement by the mayor and con-
firmation by a majority vote of the city council.
(2) Duties. The city attorney shall:
(a) Advise mayor, city council, and depart-
ments heads in all legal matters pertaining to the
business of the city. Requests for legal opinions
shall be directed to the city attorney through a
tracking system maintained by the city clerk;
(b) Approve all ordinances as to form and
content;
(c) Prosecute and/or defend, in courts of
original jurisdiction, and on appeal, all civil actions
brought by or against the city, or against officials,
officers, and employees in their official capacity,
including condemnation proceeding, provided
where insurance counsel also defends the city, the
2-5 (Revised 1/09)
2.08.030
main burden of such actions may be left to such
counsel;
(d) Prosecute in Port Orchard Municipal
Court violations of city ordinances, provided the
city council may by contract delegate this respon-
sibility to another individual, law firm or govern-
mental entity;
(e) Attend all regular and special council
meetings;
(f) Attend other city commission and/or
board meetings as requested by the mayor or
responsible department head;
(g) Draft all ordinances, leases and convey-
ances, and such other instruments as may be
required by the business of the city, when
requested to do so by the city council or the mayor;
(h) Provide legal advice or assistance on
issues related to labor law and provide labor nego-
tiations services when requested by the mayor and
city council;
(i) Perform such other duties as the city
council may direct by ordinance, resolution or con-
tract;
0) Review and advise the city on all docu-
ments and advice provided by the city' s bond
counsel. (Ord. 1831 § 1, 2001; Ord. 759 § 2, 1966).
2.08.030 Compensation of city attorney.
The city attorney shall receive compensation in
such amounts as the city council may, from time to
time, establish by budget ordinance and contract.
(Ord. 1831 § 2, 2001; Ord. 759 § 3, 1966).
Chapter 2.12
FIRE AUTHORITY
Sections:
2.12.010 Established.
2.12.020 Appointment.
2.12.030 Duties and responsibilities.
2.12.040 Reimbursement of expenses for
volunteer firemen.
2.12.010 Established.
Effective January 3, 1998, the Port Orchard city
council hereby establishes the fire authority for the
city of Port Orchard. (Ord. 1697 § 1, 1997).
2.12.020 Appointment.
Effective January 3, 1998, Kitsap County Fire
District No. 7 is hereby appointed and recognized
as the fire authority for the city of Port Orchard.
(Ord. 1697 § 2, 1997).
2.12.030 Duties and responsibilities.
As set forth in the fire protection agreement
signed by the city and the district, the fire authority
shall provide enhanced service levels to those cur-
rently provided by the city of Port Orchard fire
department for comprehensive fire suppression
services, emergency medical services, and emer-
gency hazardous substances response services;
and, with respect to fire prevention services,
review and inspection services and other services
incidental to the protection and public safety of
persons and property in the city of Port Orchard as
established by state or city statutes.
The fire authority shall be in full and complete
charge of the volunteer firefighters, career fire-
fighters and administrative fire personnel and shall
have supervision and control of all fire apparatus
and shall have the authority to enforce ordinances
and resolutions of the city. The fire authority shall
be in absolute charge at all fires and shall have the
police powers of the chief of police at and in the
vicinity of all fires, and the orders of the fire
authority shall be obeyed while in charge at a fire.
(Ord. 1697 § 3, 1997).
2.12.040 Reimbursement of expenses for
volunteer firemen.
Each regular registered volunteer fireman on the
Port Orchard volunteer fire department shall be
(Revised 1/09) 2-6
Port Orchard Municipal Code
2.18.020
Chapter 2.16
POLICE DEPARTMENT
Sections:
2.16.030 Positions designated.
2.16.030 Positions designated.
The following full commission positions within
the police department are established: chief of
police, police commander, sergeant, and police
officer. (Ord. 026-05 § 1; Ord. 857 § 1, 1970).
Chapter 2.18
ENROLLMENT OF POLICE RESERVE
OFFICERS
Sections:
2.18.010 Enrollment under Chapter 41.24 RCW
— Pension fund.
2.18.020 Provisions for payment of necessary
fees.
2.18.010 Enrollment under Chapter 41.24
RCW — Pension fund.
The city clerk may enroll any member of the
Port Orchard police reserve under the relief and
compensation provisions of Chapter 41.24 RCW,
for the purpose of providing a pension fund. Mem-
bership in the pension fund is optional and is the
choice of each individual reserve officer. (Ord.
1645 § 1, 1995).
2.18.020 Provisions for payment of necessary
fees.
The fees necessary for the annual enrollment of
each member of the Port Orchard police reserve
officers choosing to participate in the pension fund
shall be paid by the city treasurer from any funds
available for that purpose. The members' share of
the annual pension fees for all reserve officers who
choose to join the pension plan shall be the sole
responsibility of the individual reserve officer. Pro-
cedures for collection of these fees will be estab-
lished by the city clerk. (Ord. 1645 § 2, 1995).
2-9 (Revised 1/09)
2.20.010
Chapter 2.20
PLANNING COMMISSION
Sections:
2.20.010
Planning commission created.
2.20.020
Powers and duties.
2.20.030
Recommendations to council.
2.20.040
Repealed.
2.20.050
Meetings of commission — Records
2.20.070
Quorum.
2.20.080
Annual report to council.
2.20.010 Planning commission created.
Pursuant to Chapter 35.63 RCW, there is created
a city planning commission, which shall consist of
eight members appointed by the mayor and con-
firmed by the city council; seven shall be residents
of the city and one may be a nonresident of the city
except the mayor and city council may, by council
resolution, temporarily extend the term of commis-
sioner who, during his or her term, moves out of the
city to provide for continuity of specific projects or
planning processes. (Ord. 1566 § 1, 1992; Ord.
1129, 1980; Ord. 704 § 1, 1962; Ord. 521 § 1,
1946).
2.20.020 Powers and duties.
The planning commission shall have all of the
powers and perform each and all of the duties spec-
ified by Chapter 35.63 RCW, together with any
other duties or authority which may hereafter be
conferred upon them by laws of the state of Wash-
ington, the performance of such duties and the
exercise of such authority to be subject to each and
all the limitations expressed in Chapter 35.63
RCW. (Ord. 521 § 2, 1946).
2.20.030 Recommendations to council.
The city council may refer to the planning com-
mission for its recommendation and report, any
ordinance, resolution or other proposal relating to
any of the matters and subjects referred to in Chap-
ter 35.63 RCW, and the commission shall promptly
report to the council thereon, making such recom-
mendations and giving such counsel as it may
deem proper. (Ord. 521 § 3, 1946).
2.20.040 Plats submitted to commission.
Repealed by Ord. 047-07. (Ord. 521 § 4, 1946).
2.20.050 Meetings of commission — Records.
The commission shall elect its own chairman
and create and fill such other offices as it may
determine it requires. The commission shall hold at
least one regular meeting in each month and not
less than nine meetings in each year. It shall adopt
rules of transaction of business and shall keep a
written record of its meetings, resolutions, transac-
tions, findings and determinations, which record
shall be of public record. (Ord. 521 § 5, 1946).
2.20.070 Quorum.
Five members of the planning commission shall
constitute a quorum for the transaction of business.
Any action taken by a majority of those present at
any regular meeting of the planning commission
shall be deemed and taken as the action of the com-
mission. (Ord. 704 § 1, 1962; Ord. 521 § 6, 1946).
2.20.080 Annual report to council.
The planning commission, at or before its first
regular meeting in February of each year, shall
make a full report in writing to the city council of
its transactions and expenditures, if any, for the
preceding year, with such general recommenda-
tions as to matters covered by its prescribed duties
and authority as may to it seem proper. (Ord. 521 §
7, 1946).
(Revised 1/09) 2-10
Port Orchard Municipal Code
2.44.010
working days after the panel has been selected. The
panel will have 20 working days after the comple-
tion of testimony to make its findings and recom-
mendations unless a longer time is agreed upon by
both parties and the panel.
(c) If the conciliation panel agrees upon a
solution satisfactory to both parties, the terms of
the settlement shall be incorporated into a concili-
ation agreement as the basis for settling the prob-
lems. Copies of this shall be sent to the aggrieved
person, the respondent and the affirmative action
officer, and shall be signed by each.
(4) Reports on Complaint Efforts. When the
affirmative action officer has completed his or her
work to resolve the problem, he or she shall pre-
pare a findings of fact and conciliation agreement
to be signed by both parties and a copy to remain in
his or her files. The report of the conciliation panel,
if one is convened, shall also become part of the
file maintained by the affirmative action officer.
These files shall be provided by the affirmative
action officer to the investigator if the problem is
filed as a formal complaint with any other agency,
or to the city attorney's office upon request. (Ord.
952, 1975).
Chapter 2.44
AUDITING OFFICER
Sections:
2.44.010 Assistant city treasurer designated as
auditing officer.
2.44.010 Assistant city treasurer designated
as auditing officer.
The assistant city treasurer is designated as
auditing officer for the city as required by Chapter
42.24 RCW. (Ord. 028-05 § 1; Ord. 1489 § 2,
1990).
2-21 (Revised 1/09)
2.48.010
Chapter 2.48
CITY EMPLOYEES
Sections:
2.48.010 Mileage allowance.
2.48.010 Mileage allowance.
Effective November 1, 1996, the mileage allow-
ance for employees who use their personal vehicle
for approved city business purposes will receive a
mileage allowance equal to the Internal Revenue
Service optional mileage allowance. (Ord. 1664 §
2, 1996).
Chapter 2.50
CITY OFFICE HOURS
Sections:
2.50.010 Established.
2.50.010 Established.
Business hours for Port Orchard City Hall shall
be 8:00 a.m. through 4:30 p.m. Monday through
Friday of each week, except for recognized holi-
days. The business office of each department
whose office is located within City Hall shall be
open to the public during these established busi-
ness hours. (Ord. 1764, 1999).
(Revised 1/09) 2-22
Port Orchard Municipal Code
2.52.030
Chapter 2.52
MUNICIPAL COURT
Sections:
2.52.010
Established.
2.52.020
Judge.
2.52.030
Repealed.
2.52.010 Established.
There is established a municipal court for the
city pursuant to Chapter 3.50 RCW, to be desig-
nated in this chapter the municipal court of Port
Orchard. (Ord. 1184 § 2, 1981).
2.52.020 Judge.
The judge of the municipal court of Port
Orchard shall be designated as municipal judge,
and shall be appointed by the mayor. (Ord. 1184 §
3, 1981).
2.52.030 Court days.
Repealed by Ord. 1765. (Ord. 1573 § 1, 1993).
Chapter 2.56
COUNTY -CITY EMERGENCY
SERVICES PROGRAM
(Repealed by Ord. 022-05)
2-23 (Revised 1/09)
2.60.010
Chapter 2.60
COMPENSATION FOR CITY
COUNCIL MEMBERS*
Sections:
2.60.010
Per -meeting rate.
2.60.020
Repealed.
2.60.030
Nonattendance.
2.60.040
Other compensation.
* Prior legislation: Ord. 1524 as amended by 1527.
2.60.010 Per -meeting rate.
City council members shall receive compensa-
tion in the amount of $385.62 per regular council
meeting. (Ord. 020-05 § 1; Ord. 1593 § 1, 1993;
Ord. 1533 § 1, 1991).
2.60.020 Cost of living adjustment.
Repealed by Ord. 020-05. (Ord. 1593 § 1, 1993;
Ord. 1533 § 1, 1991).
2.60.030 Nonattendance.
(1) With the exception of missing a regular
meeting because of an unavoidable primary
employment schedule, a council member will not
be compensated for nonattendance of such regular
meetings unless excused by a majority vote of the
city council, and no single council member may be
excused for more than four meetings per calendar
year (not to include illness and job conflict nonat-
tendance). Acceptable excuses shall be:
(a) Vacation;
(b) Bereavement;
(c) Unusual or unforeseen circumstances
such as serious illness in the family, accident, or
transportation carrier delay.
(2) In the event a council member misses four
or more consecutive meetings, the council shall
appoint a committee of three council members to
meet with the subject council member to discuss
that member's ability to perform the duties of that
office and then return a recommendation to the
whole council as to the continued retention of that
member in the council. (Ord. 035-08 § 1; Ord.
1593 § 1, 1993; Ord. 1533 § 1, 1991).
2.60.040 Other compensation.
(1) Reimbursement for meals shall be allowed
if the mutually agreed time of meeting is during a
meal time.
(2) Reimbursement for mileage shall be made if
the meeting is outside the city limits. This would
apply to attendance at an approved convention or
investigative trip. (Ord. 1873 § 1, 2002; Ord. 1593
§ 1, 1993; Ord. 1533 § 1, 1991).
(Revised 1/09) 2-24/26
Port Orchard Municipal Code
2.68.030
Chapter 2.68
ANIMAL CONTROL APPEAL BOARD
Sections:
2.68.010 Creation — Eligibility.
2.68.020 Terms of board members.
2.68.030 Powers and duties.
2.68.010 Creation — Eligibility.
There is created an animal control appeal board,
consisting of three members, who shall be
appointed by the mayor, confirmed by the city
council. Two members shall be residents of the city
and one member shall be a veterinarian who is
licensed by the state. (Ord. 1622 § 1, 1994).
2.68.020 Terms of board members.
The first board members appointed shall deter-
mine by lot whose term shall expire in one, two or
three years respectively, and their term shall begin
after their appointment has been approved by the
city council, and upon taking the usual oath of
qualification. The terms of office, except the first,
shall be three years and begin on the first day of
January. Members of the board may be removed at
any time by the mayor, with confirmation of the
council. (Ord. 1622 § 2, 1994).
2.68.030 Powers and duties.
The animal control appeal board shall serve as
the board of appeals for matters relating to declara-
tion of potentially dangerous animals (Levels 2 and
3) as established in Ordinance No. 1607, codified
in POW Title 7, and all subsequent amending
ordinances thereto. (Ord. 1622 § 3, 1994).
Chapter 2.70
HEALTH DISTRICT
(Repealed by Ord. 1867)
2-29
(Revised 1/09)
2.74.010
Chapter 2.74
CITY HALL FACILITIES
Sections:
2.74.010 Port Orchard City Hall facilities use
policy.
2.74.010 Port Orchard City Hall facilities use
policy.
(1) Rooms available for use are the council
chambers, council conference/workroom, third
floor conference room, and the courtroom. Use of
the courtroom is limited to judicial or quasi-judi-
cial hearing.
(2) There would not be any rent for city of Port
Orchard government, which includes elected offi-
cials, city planning commissioners, city -appointed
boards and city staff working on city business.
(3) There would not be any rent for local gov-
ernmental or quasi -governmental agencies which
the mayor or designee is on the board or is an active
participant. This would include Kitsap Regional
Coordinating Council, Kitsap County Health Dis-
trict, Kitsap Transit, Economic Development
Council, and the Kitsap County Housing Authority.
(4) There would not be any rent for groups in
which a council member participates and it
addresses city -affiliated business. Examples of this
would be task forces in which a council member
participates in special committees, such as the
Christmas tree lighting committee or Bethel Corri-
dor task force.
(5) Facilities are not available for use by com-
mercial, fraternal, political, or religious organiza-
tions.
(6) There would not be any rent for town meet-
ings sponsored by state or federal officials.
(7) Other governmental agencies which are not
listed above shall pay the rental fees.
(8) Community organizations receiving finan-
cial support from the city may use the rooms with-
out paying the rental fee in the year they receive
that financial support.
(9) Community groups not listed above shall
pay the rental fee.
(10) No regular, prescheduled, reoccurring res-
ervations for any noncity groups or organizations
will be allowed.
(11) All scheduling shall be made and con-
firmed through the city clerk's office.
(12) City council and city planning commission
meetings have priority if a scheduling conflict is
experienced. In the event of a special council or
planning commission meeting, a prescheduled res-
ervation by a noncity organization will be can-
celled. Attempts will be made to relocate such
rescheduled groups to another area. If relocation is
not workable, application fees and deposit will be
refunded.
(13) City staff will open and secure the facility.
No keys will be given to noncity personnel at any
time. In the event a room is scheduled for use after
normal business hours, a staff member or city offi-
cial must be present.
(14) City audio/visual equipment will only be
operated by city -authorized personnel.
(15) The mayor or designee shall be authorized
to waive fees, rule on any exceptions or clarify
rules or provisions of this policy. Exceptions or
clarifications shall be in written signed format.
(16) The rental fee would not be prorated.
(17) No food or coffee is allowed in the council
chambers. (Ord. 1780 § 1, 1999).
(Revised 1/09) 2-30
Port Orchard Municipal Code
2.76.050
Chapter 2.76
HEARING EXAMINER
Sections:
2.76.010
Creation and purpose.
2.76.030
Appointment and term.
2.76.040
Compensation.
2.76.050
Conflict of interest.
2.76.060
Improper influence.
2.76.070
Organization and rules.
2.76.080
Powers.
2.76.090
Burden of proof.
2.76.100
Notice of hearing — Staff report —
Hearing.
2.76.110
Examiner's recommendation/
decision.
2.76.120
Notice of decision.
2.76.130
Reconsideration.
2.76.140
Appeal from examiner's decision.
2.76.150
Appeal date — Notice of appeal —
Procedure on appeal.
2.76.160
Decision on appeal.
2.76.170
Judicial review.
2.76.010 Creation and purpose.
(1) Creation. The city hereby creates the office
of hearing examiner consistent with Article XI,
Section 11 of the Washington State Constitution,
and Chapters 35.63 and 58.17 RCW, as written or
hereafter amended. Unless the context requires
otherwise, the term "examiner" shall include
"examiner pro tem."
(2) Purpose. The purpose of this chapter is to
provide an efficient and effective land use regula-
tory system; provide for consistency and predict-
ability in certain land use decision making;
establish clear and understandable application of
policies and regulations adopted by the city; and
provide for fair and impartial determinations of
land use decisions while ensuring procedural due
process.
(3) State Law Incorporated by Reference. Any
reference to state law herein is specifically incor-
porated by reference. (Ord. 047-07 § 3).
2.76.030 Appointment and term.
The examiner shall be appointed by the mayor
with confirmation by the council, and shall serve at
the pleasure of the mayor. The examiner shall be
appointed based on his or her qualifications for the
duties of the office and shall have the necessary
training and experience in land use and related
legal matters to conduct administrative or quasi-
judicial hearings, and to render decisions according
to law. The examiner shall hold no other classified,
appointive, or elected position in city government.
The examiner shall suggest an examiner pro tem to
serve in the event of his/her absence or disability,
or in the event of a conflict of interest. The appoint-
ment of an examiner pro tem is expected to be
infrequent in nature. The mayor will confirm the
appointment of an examiner pro tem, in writing,
and specify the term of service. Confirmation of
appointment of an examiner pro tem is not required
by the council. The examiner pro tem will be enti-
tled to the same compensation as the examiner dur-
ing his/her term of service. (Ord. 047-07 § 4).
2.76.040 Compensation.
The examiner may be retained on a professional
service contract on terms deemed appropriate by
the mayor, with any necessary approval for budget
purposes by the council. The contract shall specify
that the examiner serves at the pleasure of the
mayor, and that the examiner has authority to sug-
gest appointment of an examiner pro tem to the
mayor, to serve in the absence or disability or in the
event of a conflict of interest of the examiner. (Ord.
047-07 § 5).
2.76.050 Conflict of interest.
(1) The examiner shall not conduct or partici-
pate in any hearing or decision in which:
(a) The examiner has a direct or indirect
personal interest; or
(b) The examiner has a beneficial interest,
directly or indirectly, in any aspect of the matter on
which he or she is called upon to issue a decision;
or
(c) The examiner has a direct or indirect
familial interest which might influence or interfere
with his or her decision -making process or give
rise to a violation of the appearance of fairness doc-
trine as codified in Chapter 42.36 RCW, as written
or hereafter amended, and the common law.
(2) The examiner shall disclose matters involv-
ing ex parte contacts, conflicts of interest or
appearance of fairness issues prior to or at the
beginning of any matter or immediately upon
becoming aware of the need for such disclosure.
The examiner shall recuse himself or herself if the
2-31 (Revised 1/09)
2.76.060
examiner believes his or her review of the matter
would represent a conflict of interest or violate the
appearance of fairness doctrine as set forth herein.
(3) In the event the examiner recuses himself or
herself, an examiner pro tern will be appointed,
according to POMC 2.76.030. (Ord. 047-07 § 6).
2.76.060 Improper influence.
No city official either elected or appointed shall
attempt to influence the examiner in any matter
officially before him or her so as to constitute mis-
conduct by a public officer under Chapter 42.20
RCW, as written or hereafter amended, or that
would constitute a violation of the appearance of
fairness doctrine as codified in Chapter 42.36
RCW, as written or hereafter amended. (Ord. 047-
07 § 7).
2.76.070 Organization and rules.
(1) Organization. The examiner operates inde-
pendently of any department of the city, but will
receive such administrative assistance from the
planning director as is necessary to carry out the
functions of his or her office.
(2) Rules. The examiner shall have the power to
prescribe rules not in conflict with this chapter for
procedural matters including adopting procedures
for prehearing conferences, the scheduling and
conduct of hearings, the submission of legal
motions, briefs and other written documents, the
scheduling of discovery, issuance of subpoenas for
the attendance of witnesses or the production of
information, receipt of evidence, and issues relat-
ing to settlement. (Ord. 047-07 § 8).
2.76.080 Powers.
(1) General. The examiner shall receive and
examine all information in the official file, conduct
hearings and administer preparation of the official
record and issue a written recommendation or a
written decision on the matter. The examiner is
authorized to impose conditions on the applicant's
proposal, consistent with federal, state and local
law. The examiner is authorized, as applicable, to
hear and decide issues related to a taking of private
property for public use without just compensation,
and/or the denial of substantive due process of law,
in addition to challenges to imposition of condi-
tions or exactions on a project, whether based on
constitutional, statutory or common law.
(2) Specific. In addition to the general authority
as granted herein, the examiner shall have the
authority granted to him in this code.
(3) The city council may, from time to time,
grant to the examiner additional powers and
authority as the council deems appropriate, consis-
tent with state law and the city code, ordinances
and resolutions. (Ord. 047-07 § 9).
2.76.090 Burden of proof.
The applicant has the burden of proof to estab-
lish, by a preponderance of the evidence, that the
project or matter under consideration is consistent
with applicable law and serves the interests of the
community. (Ord. 047-07 § 10).
2.76.100 Notice of hearing— Staff report —
Hearing.
(1) Notice of Hearing. The planning depart-
ment shall, in coordination with the examiner, be
responsible for assigning a date and assuring due
notice of the hearing on the matter to come before
the examiner. Notice of the time, place, location,
and subject matter of the hearing shall be consis-
tent with applicable law. Such notice shall be given
a minimum of 10 days prior to the scheduled hear-
ing.
(2) Staff Report. The director shall coordinate
and assemble the reviews of other city departments
and governmental agencies having an interest in
the subject application as well as any written com-
ments received from the public, and shall prepare a
report summarizing the application and the depart-
ment's findings, conclusions, and recommenda-
tions. No later than five working days prior to the
scheduled hearing, the report shall be filed with the
examiner and copies thereof shall be mailed to the
applicant and made available for public inspection,
unless a different date has been established by the
examiner pursuant to a scheduling order.
(3) Hearing. Before issuing a recommendation,
the examiner shall hold one open record predeci-
sion hearing. Before issuing a decision, the exam-
iner shall hold one open record public hearing
thereon. The public hearing shall be conducted in
accordance with such rules as the examiner may
adopt pursuant to POMC 2.76.070. (Ord. 047-07
§ 11).
(Revised 1/09) 2-32
Port Orchard Municipal Code
2.76.140
2.76.110 Examiner's recommendation/
decision.
(1) Time for Issuance of Recommenda-
tion/Decision. Unless a longer period is agreed to
by the applicant, the examiner shall issue a recom-
mendation or decision within 10 working days
after the close of the hearing and the record.
(2) Recommendation. A recommendation shall
set forth findings of fact, conclusions and a recom-
mendation. Findings shall be supported by sub-
stantial evidence in the official record. Conclusions
shall follow from the findings and set forth the
manner in which a decision by the council to
approve or disapprove the project would or would
not implement and conform to state law require-
ments as well as the comprehensive plan and
development regulations and standards.
(a) Effect of Recommendation. A recom-
mendation by the examiner shall be forwarded to
the city council for scheduling of an open record
hearing and decision on the matter that is the sub-
ject of the recommendation. The city council shall
set the required public hearing on the recommenda-
tion at the next regularly scheduled meeting fol-
lowing the date of the examiner's recommenda-
tion. An open record public hearing on the matter
will be scheduled no later than 30 calendar days
from the date the recommendation was issued.
(3) Decision. A decision will grant, modify and
grant, or deny the application. A decision shall set
forth findings of fact, conclusions and decision
based on the record. Findings shall be supported by
substantial evidence in the record. Conclusions
shall follow from the findings, and set forth the
manner in which the decision will or will not
implement and conform to state law requirements
as well as the city's comprehensive plan and devel-
opment regulations and standards. The decision
will specify all conditions, exactions and restric-
tions imposed on the project or matter that is the
subject of the decision. The decision will further
specify the parties' appeal rights.
(a) Effect of Decision. Unless a party files
an appeal, a decision by the examiner is final 14
calendar days following the date of the decision. If
no appeal has been filed within the applicable
appeal period, the applicant may engage in activity
based on the decision; provided, that any necessary
permits have been issued. (Ord. 047-07 § 12).
2.76.120 Notice of decision.
Not later than five calendar days following the
issuance of the examiner's decision, copies thereof
shall be mailed to the applicant, to parties of record
and to any person who requested a copy of the deci-
sion. The original decision shall be maintained in
the official record. (Ord. 047-07 § 13).
2.76.130 Reconsideration.
(1) Request for Reconsideration. The examiner
has discretion whether to consider a request for
reconsideration. A request for reconsideration
must be in writing and filed by a party or aggrieved
person within seven working days of the exam-
iner's decision. The request must include: the
grounds for reconsideration, including specific ref-
erence to the decision and each claimed error
therein whether error of law or fact, and any dis-
covery of new evidence which, upon reasonable
diligence, could not have been discovered by a
party prior to the close of the hearing on the matter.
Failure to allege error is grounds for summary
denial of the request.
(2) Effect of Request. The filing of a request for
reconsideration shall stay the running of the appeal
period until the examiner issues a decision on the
request. Upon issuance of a decision on a request
for reconsideration, the time for filing an appeal
will begin. The examiner will review the request in
light of the official record and his or her decision,
taking into account the grounds for the request. The
examiner may deny the request; may set a hearing
in order to supplement the official record and issue
a revised decision following that hearing; or may
revise the decision without a hearing. If the request
is denied without further hearing or submission of
materials by other parties, the denial must be issued
in writing within five working days of the date of
the request. The examiner has the authority to take
any action consistent with the powers granted
herein, in order to issue a decision on a request for
reconsideration. Action taken by the examiner in
response to a request for reconsideration, other
than a denial, shall be in writing, and shall be
issued within 21 calendar days of the date of the
request. (Ord. 047-07 § 14).
2.76.140 Appeal from examiner's decision.
(1) Jurisdiction. All appeals of a decision of the
examiner will be to the city council.
2-33 (Revised 1/09)
2.76.150
(2) Standing. Only an aggrieved person shall
have standing to appeal a decision of the examiner.
(3) How to Appeal.
(a) Only parties of record or an aggrieved
person may appeal.
(b) An appeal must be in writing, and shall
contain all grounds on which error is alleged,
including specific reference to the official record
and the decision and claimed errors in the decision
whether they be errors of law or fact. Any reference
to the official record must specify the document by
name and/or exhibit number and should reference
the applicable page number(s). Any reference to an
error of law must include a specific reference to the
law, municipal code, ordinance, policy or plan
alleged to have been violated. The grounds on
which the appeal is based shall be referred to herein
as "the scope of the appeal." The appeal must spec-
ify the action the appellant wishes the city council
to take in order to correct the alleged error(s). Fail-
ure to raise a challenge to an issue of law or fact in
the written appeal shall constitute a waiver of right
to appeal on that issue of law or fact.
(c) A party of record or aggrieved person
may include a group of people such as an associa-
tion or legal entity. The group, association or entity
must select a single contact person to represent the
group and must identify that person in writing to
the city, including the person's address and tele-
phone number(s). The identified contact person
must be included with the written appeal, and the
necessary fees. The identified contact person will
receive required notices from the city pursuant to
provisions of this chapter, and will be the contact
person for purposes of procedural issues relating to
the appeal. The purpose of selecting a single con-
tact person to represent the group, association or
entity is to avoid unnecessary duplication of writ-
ten documents in support of or opposition to an
appeal, to avoid delay in procedural matters, and to
avoid duplication and unnecessary repetition of
oral argument at the hearing set for the appeal. If a
different contact person is later selected by the
group or association, the city must be notified in
writing of the change, including the address and
telephone number(s) of the new contact person.
Failure of receipt of any notice from the city,
wherein the city was not timely notified of a
change in the identified contact person, will not
serve to raise any cognizable issue of denial of pro-
cedural due process.
(4) Fees for Appeal. An appeal will not be
accepted unless accompanied by the required filing
fee and the required deposit for a certified tran-
script of the hearing. The filing fee for an appeal
shall be established by the council pursuant to the
city's fee resolution. In addition to the filing fee,
the appellant must pay the costs for a certified tran-
scription of the electronic recording of the hearing.
The director will be responsible for obtaining a cer-
tified transcription in a timely manner upon receipt
of the appeal and payment of the required filing fee
and deposit for transcription services. If the actual
costs of transcription are less than the deposit, a
refund will be made to the appellant. If the actual
costs of transcription are more than the deposit, the
appellant must pay the additional costs upon noti-
fication by the director that costs are due. Failure to
pay the actual costs of the transcript will be cause
for dismissal of the appeal. Inability to pay the
costs of the transcript will be taken into consider-
ation by the examiner, upon submission of an affi-
davit of inability to pay, supported by
documentation tending to prove the assertion of
inability to pay. The appeal fee shall be refunded to
the appellant, if the appellant substantially prevails
on appeal. The city council shall decide whether an
appellant has substantially prevailed on appeal, and
shall so state in its decision and order. The tran-
scription deposit and costs are nonrefundable.
(5) Effect of Appeal. The timely filing of an
appeal will stay the effective date of the examiner's
decision until such time as the appeal is adjudi-
cated by the city council or is withdrawn by the
appellant.
(6) Burden of Proof on Appeal. The appellant
has the burden of proof to show, by a preponder-
ance of the evidence, that the examiner's decision
contains an error of law or fact, or that conclusions
are incorrect. (Ord. 047-07 § 15).
2.76.150 Appeal date — Notice of appeal —
Procedure on appeal.
(1) Setting the Appeal Date. The city council
shall set a hearing on the appeal, which shall be
noticed as a closed record appeal, at the next regu-
lar council meeting that follows the filing of an
appeal. The city council may set the appeal as a
special meeting, pursuant to RCW 42.30.080 as
written or hereafter amended, or may set the appeal
as an agenda item during a regular city council
(Revised 1/09) 2-34
Port Orchard Municipal Code
2.76.160
meeting. The date for the closed record appeal
must occur within 30 calendar days of the final day
upon which an appeal could be filed in the matter.
(2) Notice of Appeal. Notice of the closed
record appeal date, time and location shall be sent
to parties of record, and the appellant, and pub-
lished in the newspaper of general circulation.
(3) Procedure on Appeal. The appeal to the city
council is a closed record appeal. The appeal hear-
ing is open to the public, but the participants for
purposes of the appeal are limited to the parties of
record and the appellant.
(a) Time for Submission of Documents.
Any legal briefs, or other document in support of or
in opposition to the appeal, must be filed according
to the timelines specified herein:
(i) The appellant's legal brief or other
document in support of its appeal is due no later
than 10 calendar days prior to the date set for the
appeal hearing.
(ii) All other parties of record who intend
to submit a legal brief or other document in support
of or in opposition to the appeal must file the brief
or other document no later than five calendar days
prior to the date set for the appeal hearing. Parties
of record who do not submit a legal brief or other
document in support of or in opposition to the
appeal will not have the ability to present oral argu-
ment to the council.
(iii) The appellant may file a brief or
other document in reply to briefs or documents
filed by parties of record no later than two calendar
days prior to the date set for the appeal hearing.
Only the appellant is allowed to file a reply brief or
other document.
(4) Content of Legal Briefs or Other Docu-
ments. The content of a legal brief or other docu-
ment allowed by this section must be confined to
the scope of appeal as set forth in POMC
2.76.140(3). New evidence that was not presented
to or considered by the examiner is not allowed to
be argued in the written documents submitted for
the appeal unless the new evidence:
(a) Relates to the validity of the examiner's
decision at the time it was made and the party offer-
ing the new evidence did not know and was under
no duty to discover or could not reasonably have
discovered the evidence until after the hearing
examiner's decision; or
(b) The examiner improperly excluded or
omitted the evidence from the record.
Arguments outside the scope of appeal are not
allowed, and a party may object to the same.
(5) Record on Appeal. The official file will be
the record on appeal.
(6) Oral Argument. Only the appellant and par-
ties of record who have submitted a legal brief or
other written document for purposes of the appeal
will be allowed to present an oral argument at the
appeal hearing. Oral argument will be limited to 10
minutes per party, unless a different time is speci-
fied by the city council.
(7) Presiding Officer. The mayor will be the
presiding officer during the appeal.
(8) Continuation of Appeal. The city council
may, by motion passed by majority consent, con-
tinue the hearing if it is unable to hear all of the
argument on the appeal within a reasonable time
frame for the scheduled hearing, or if it determines
that it needs more information from the parties and
such information is within the scope of the appeal.
No new notice of continuation of the appeal hear-
ing will be necessary.
(9) The council may choose to adjourn into
closed session for deliberations on the matter, at
the close of the appeal hearing, pursuant to RCW
42.30.140. (Ord. 047-07 § 16).
2.76.160 Decision on appeal.
(1) If the council determines that there is no
basis for the alleged errors set forth in the appeal, it
may adopt the findings and conclusions of the
examiner and affirm the decision of the examiner.
The city council may accept, modify or reverse the
examiner's decision, and/or any findings and/or
conclusions therein. In making its decision the
council should consider:
(a) Whether the examiner's conclusions or
decision contain error or are inconsistent with the
law, and/or with the city's adopted plans and poli-
cies, or are not based on findings established by the
examiner; and
(b) Whether the examiner's proceedings
were materially affected by irregularities in proce-
dure; and
(c) Whether the examiner's findings were
unsupported by substantial evidence in view of the
entire record.
(2) The council shall issue its decision within
60 calendar days of the filing of the appeal. The
director shall prepare copies of the council's deci-
2-35 (Revised 1/09)
2.76.170
sion and mail a copy to each party of record within
five calendar days of the issuance of the council's
decision. (Ord. 047-07 § 17).
2.76.170 Judicial review.
A final decision (after exhausting administrative
remedies) may be appealed by a party of record
pursuant to Chapter 36.70C RCW in the Kitsap
County superior court. The land use petition must
be filed within 21 calendar days after the decision
by the council. (Ord. 047-07 § 18).
Chapter 2.78
DESIGN REVIEW BOARD
Sections:
2.78.010
Purpose of board.
2.78.020
Definitions.
2.78.030
Board established — Membership.
2.78.040
Terms of membership.
2.78.050
Meetings.
2.78.060
Powers and duties.
2.78.070
Conflict of interest.
2.78.080
Administrative support.
2.78.010 Purpose of board.
The purpose of the design review board (DRB)
is to review development applications associated
with development in the downtown overlay district
area. The DRB will review applications and make
recommendations to the director of planning
regarding the applications' consistency with
adopted design guidelines. (Ord. 006-08 § 1; Ord.
035-07 § 1).
2.78.020 Definitions.
(1) `Board" or "DRB" means the design review
board.
(2) "Director" means the director of planning or
designee.
(3) "Design guidelines" means the design and
building standards for the downtown overlay dis-
trict as now or hereafter adopted by city council
resolution or ordinance. (Ord. 006-08 § 1; Ord.
035-07 § 1).
2.78.030 Board established — Membership.
(1) Appointment. There is created a design
review board consisting of not less than five and
not more than seven members who shall be
appointed by the mayor subject to confirmation by
the city council. Vacancies occurring otherwise
than upon the expiration of terms may be filled for
the unexpired terms by the mayor subject to confir-
mation by the city council.
(2) Membership. A five -member board shall
consist of three lay members who reside within city
limits or reside within the Port Orchard urban
growth area and have an interest in architecture,
building, or design, and two professional members
who reside within city limits or reside within the
Port Orchard urban growth area or own a business
(Revised 1/09) 2-36
Port Orchard Municipal Code
2.78.070
within the city of Port Orchard, and who are
desired to have expertise in any one of the follow-
ing fields: architecture, landscape architecture,
urban design/planning, structural engineering,
graphic, industrial, and interior design, building or
carpentry, or similar disciplines. A seven -member
board shall consist of four lay members and three
professional members who meet the qualifications
set forth above.
(3) Compensation. Board members shall serve
without compensation. (Ord. 017-08 § 1; Ord. 007-
08 § 1; Ord. 006-08 § 1; Ord. 035-07 § 1).
2.78.040 Terms of membership.
(1) Terms. The initial terms of the appointed
positions by position number shall expire on
December 31 st of the year set opposite said posi-
tion number as follows:
Lay Position No. 1— 2009;
Lay Position No. 2 — 2010;
Lay Position No. 3 — 2011;
Lay Position No. 4 — 2011;
Professional Position No. 5 — 2009;
Professional Position No. 6 — 2010;
Professional Position No. 7 — 2011.
Thereafter the terms of membership for mem-
bers shall be three years. No person shall serve
more than two full consecutive terms. An appoint-
ment to fill a portion of an unexpired term less than
one year in length shall not be considered a full
term.
(2) Removal. When a member misses three
consecutive meetings without excuse by the board,
the position may be declared vacant by a majority
vote of the other members of the board. (Ord. 006-
08 § 1; Ord. 035-07 § 1).
2.78.050 Meetings.
(1) Meetings. The board shall meet at such
times deemed necessary for conducting business.
(2) Quorum. No business shall be conducted
without a quorum at the meeting. A quorum shall
exist when the meeting is attended by a majority of
the members of the board, which may include the
chairperson.
(3) Chairperson. The board shall elect one of its
members to serve as chairperson for a term of one
year. The chairperson may be elected to serve one
consecutive additional term, but not for more than
two successive terms.
(4) Voting. All actions of the board shall be rep-
resented by a vote of the membership. Unless oth-
erwise provided in this chapter and Chapter 18.94
POMC, a simple majority of the members present
at the meeting in which action is taken shall
approve any action taken. The chairperson may
vote at the meetings.
(5) Rules and Procedures. The board may adopt
rules and procedures it deems necessary for the
conducting of business. (Ord. 006-08 § 1; Ord.
035-07 § 1).
2.78.060 Powers and duties.
The board is not delegated any executive or leg-
islative power, authority or responsibility and is
not acting on behalf of the city council or the mayor
but rather serves in an advisory capacity and makes
recommendations to the director. The powers and
duties of the board shall consist of the following:
(1) Preapplication Meeting. One member of the
board shall, whenever possible, attend the pre -
application meeting with staff and the proponent of
a project that is subject to design guidelines. The
chairperson shall be responsible for ensuring that
this duty is rotated among the board's members.
(2) Application Review. Review all applica-
tions for building permits in areas having adopted
design guidelines. The board shall review the
application for consistency with the applicable
design guidelines and make a recommendation to
the director.
(3) Biannual Review. Not later than September
30, 2009, and every two years thereafter, provide
the mayor and city council with a written report
setting forth the board's assessment of the design
guidelines, in light of the applications reviewed in
the prior two years, and recommending changes to
the design guidelines that are intended to reinforce
the purpose of the design guidelines and to provide
greater clarity to applicants.
(4) Such other design -related matters as shall
be referred to the board for review and recommen-
dation by the mayor or city council. (Ord. 006-08
§ 1; Ord. 035-07 § 1).
2.78.070 Conflict of interest.
A member of the board shall not participate in
review of a project for which the member has a
conflict of interest. (Ord. 006-08 § 1; Ord. 035-07
§ 1).
2-37 (Revised 1/09)
2.78.080
2.78.080 Administrative support.
The planning department shall provide adminis-
trative support for the board. (Ord. 006-08 § 1;
Ord. 035-07 § 1).
(Revised 1/09) 2-38
Title 5
BUSINESS LICENSES, TAXATION AND REGULATIONS
Chapters:
5.04
Electric Light Business and Occupation Tax
5.08
Telephone Business and Occupation Tax
5.12
Business Licenses
5.20
Cabarets
5.22
Admissions Tax
5.24
Repealed
5.28
Gambling
5.32
Circuses and Carnivals
5.36
Junk Dealers
5.40
Pawnbrokers
5.44
Peddlers and Hawkers
5.48
Sound Amplifying Equipment
5.52
Billboards and Handbills
5.56
Taxicabs
5.60
Fireworks
5.64
Light Franchise
5.68
Natural Gas Franchise
5.72
Repealed
5.76
Garbage Collection Franchise
5.78
Garbage Utility Business and Occupation Tax
5.80
Sales or Use Tax
5.81
Special Initiative Procedure
5.84
Business and Occupation Tax
5.88
Land Classification Filing Fees
5.92
Repealed
5.96
Temporary Vendors
5.97
Tow Companies
5.99
Home Businesses
5-1 (Revised 1/09)
Port Orchard Municipal Code
5.20.020
sions of this chapter shall constitute a separate
offense. (Ord. 1701 § 17, 1997).
5.12.180 Additional relief.
The city license officer may seek legal or equi-
table relief to enjoin any acts or practices and abate
any condition which constitutes or will constitute a
violation of this chapter when civil or criminal pen-
alties are inadequate to effect compliance. (Ord.
1701 § 18, 1997).
Chapter 5.20
CABARETS*
Sections:
5.20.010
Definitions.
5.20.020
License required.
5.20.030
License — Application — Issuance.
5.20.040
License — Fees.
5.20.050
License — Term.
5.20.060
License — Nontransferable — Posting.
5.20.070
License — Refusal, cancellation or
revocation.
5.20.080
License subject to State Liquor Control
Board rules.
5.20.090
Exemptions.
5.20.100
Violation — Penalty.
5.20.110
Construction of chapter.
* Prior legislation: Ords. 341 and 570.
5.20.010 Definitions.
For the purposes of this chapter, the words set
forth in this section shall be defined as follows:
"Cabaret" means any room, place or space in the
city open for service to the public or members in
which the guests, patrons, entertainers or other per-
sons are allowed to dance, sing, or perform music
or live entertainment, including comedy, in con-
nection with the restaurant business or the business
of directly or indirectly selling food or refresh-
ments, including liquor, for consumption on or
within the premises.
"Liquor" shall mean all beverages defined in
RCW 66.04.010(21), as now or hereafter amended.
"Music or live entertainment" does not include
radios, televisions, mechanical music devices or
jukeboxes used for the reproduction of music for
the listening enjoyment of the members or patrons
only.
"Person" means one or more natural persons,
firms, partnerships, or corporations, whether acting
by themselves or by servant, agent, or employee.
(Ord. 023-05 § 1).
5.20.020 License required.
No person shall open up, conduct, manage,
operate or maintain a cabaret without having a
license to do so issued by the city clerk in accor-
5-15 (Revised 1/09)
5.20.030
dance with the provisions of this chapter. Licenses
shall be made available on a daily or annual basis.
(Ord. 023-05 § 1).
5.20.030 License — Application — Issuance.
(1) Any person desiring to maintain, keep or
operate any such cabaret shall make written appli-
cation for license to do so and file the same with the
city clerk. Such application shall state the name of
the applicant and address and place of business at
which any cabaret is operated as well as other
information as deemed necessary by the city clerk.
(2) The city clerk shall refer the application to
the police, fire, planning, and finance departments
for compliance with all federal, state and local laws
and for recommendations on the considerations
referred to in POMC 5.20.070. If the application is
approved by all of the departments, the city clerk
shall issue the license, upon payment by the appli-
cant of the fees required by POMC 5.20.040. (Ord.
023-05 § 1).
5.20.040 License — Fees.
(1) The license fees shall be as follows:
(a) Daily license: $20.00.
(b) Annual license: $100.00.
(2) The annual license fee shall be payable prior
to January 31 st for the year required or prior to
commencement of business in the city. The annual
license fee shall not be prorated for a partial year
but the full fee provided herein shall be payable
regardless of the date of application.
(3) For any license procured after the applica-
ble date required in this section, there is assessed
and shall be collected by the city clerk, in addition
to the required license fee, a penalty of $10.00 per
month, which shall not be prorated. (Ord. 023-05
§ 1).
5.20.050 License — Term.
(1) Daily licenses shall expire at 2:00 a.m. on
the day following the effective date of the license.
(2) Annual licenses shall expire on the last day
of each calendar year. (Ord. 023-05 § 1).
5.20.060 License — Nontransferable — Posting.
The license issued under this chapter shall be
personal and nontransferable, and shall at all times
be conspicuously posted in the place of business
for which it is issued. Where the location of busi-
ness of the licensee is changed, the licensee shall
return the license to the city clerk and a new license
shall be issued for the new location of business
without charge. No person to whom a license has
been issued pursuant to this chapter shall permit or
allow any other person to operate any business or
display his/her license, nor shall such other person
operate under or display such license. (Ord. 023-05
§0.
5.20.070 License — Refusal, cancellation or
revocation.
(1) No cabaret license shall be issued to:
(a) A person who has been convicted of a
felony within five years prior to filing of an appli-
cation.
(b) A person who has been convicted of a
violation of any federal or state law or city ordi-
nance concerning the manufacture, possession or
sale of narcotics or controlled substances as
defined by the Revised Code of Washington.
(c) A person who has had a similar license
revoked or suspended pursuant to this chapter or its
predecessor.
(d) A person whose place of business is con-
ducted by a manager or agent, unless such manager
or agent possesses the same qualifications required
of the licensee.
(e) A partnership, unless all members
thereof are qualified to obtain a license as provided
in this chapter.
(f) A corporation, unless all officers, direc-
tors and managers thereof are qualified to obtain a
license as provided in this chapter. Such license
shall be issued to the manager or other directing
head of such corporation.
(2) The city clerk may refuse to issue a cabaret
license, or may cancel or revoke such license after
it has been issued, if it is learned that the same was
procured by fraud or false representation of facts,
or that the applicant or permittee has failed to com-
ply with the provisions and requirements of this
chapter or has violated any provision of this chap-
ter, or for any other reason which, in the opinion of
the chief of police, will be detrimental to the public
peace, health or welfare.
(3) In the event that the city clerk determines
that a cabaret license should not be issued or that
grounds exist to cancel or revoke such license after
it has been issued, then the notice and appeal pro-
cedures set forth in POMC 5.12.120(2) through (6)
shall apply. (Ord. 023-05 § 1).
(Revised 1/09) 5-16
Port Orchard Municipal Code
5.22.030
5.20.080 License subject to State Liquor
Control Board rules.
Any license issued pursuant to this chapter shall
be subject, where applicable, to any rules or regu-
lations of the State Liquor Control Board relating
to the sale of intoxicating liquor. (Ord. 023-05 § 1).
5.20.090 Exemptions.
This chapter shall not apply to private clubs
holding valid licenses authorizing the sale of alco-
holic beverages for consumption on the premises,
but all clubs shall, nevertheless, be subject to the
rules and regulations of the State Liquor Control
Board relating to music, dancing, or entertainment
within such club. For the purposes of this chapter,
a "club" is an organization of persons, incorporated
or unincorporated, operated solely for fraternal,
benevolent, educational or athletic purposes and
not for pecuniary gain. (Ord. 023-05 § 1).
5.20.100 Violation — Penalty.
Any person, firm or corporation violating any of
the terms or provisions of this chapter shall, upon
conviction thereof, lose their license and be fined
$500.00 or be punished by imprisonment for a
period of not more than six months, or by both such
fine and imprisonment. (Ord. 023-05 § 1).
5.20.110 Construction of chapter.
This chapter shall not be construed as imposing
a license fee upon the sale or privilege of selling
beer, wine or any intoxicating liquors, but rather as
imposing a license fee solely upon the business for
the privilege of furnishing an opportunity to pro-
vide dancing, exhibitions, theatrical performances,
shows or other similar amusements. (Ord. 023-05
§ 1).
Chapter 5.22
ADMISSIONS TAX
Sections:
5.22.010
Levied.
5.22.020
Jurisdiction.
5.22.030
Definitions.
5.22.040
Imposition and use.
5.22.050
Exemptions.
5.22.060
Accounting for admission.
5.22.070
Collection and payment.
5.22.080
Penalty for late payment.
5.22.090
Registration required.
5.22.100
Successor to business.
5.22.110
Recordkeeping.
5.22.120
Rules and regulations adopted by
treasurer.
5.22.130
Violation — Penalty.
5.22.010 Levied.
The city does levy and fix an admissions tax and
provide for the collection thereof pursuant to this
chapter. (Ord. 1449 § 1, 1989).
5.22.020 Jurisdiction.
The admissions tax enacted by this chapter shall
be imposed in the city. (Ord. 1449 § 14, 1989).
5.22.030 Definitions.
For purposes of this chapter, words and phrases
shall have the following meanings:
(1) "Admissions charge," in addition to its
usual and ordinary meaning, includes but shall not
be limited to a charge made for use of seats and
tables, reserved or otherwise, and other similar
accommodations.
(2) "City" means the city of Port Orchard, state
of Washington.
(3) "Nonprofit organization" means any orga-
nization organized and operated for charitable,
educational or other purposes, which is exempt
from taxation pursuant to Section 501(c)(3) of the
Internal Revenue Code of 1954, as amended.
(4) "Person" means any individual, receiver,
assignee, firm, partnership, joint stock company,
association, society, corporation or any group of
individuals acting as a unit, whether mutual, coop-
erative, fraternal, nonprofit, or otherwise.
5-17 (Revised 1/09)
5.22.040
(5) "Place" means and includes, but is not
restricted to, theaters, dancehalls, amphitheaters,
auditoriums, stadiums, athletic pavilions and
fields, baseball and athletic parks, circuses, side-
shows, swimming pools, outdoor amusement parks
and carnivals.
(6) "Treasurer" means the city treasurer's
office.
(7) "Start-up business" means an activity, occu-
pation, pursuit or profession located and/or
engaged in within the city with the object of gain,
benefit or advantage to another person, directly or
indirectly, whether part-time or full-time, and
which has not operated for the prior 12 months or
more at any location within the city. A change in
ownership of a business shall not create a new
start-up business unless the business has not oper-
ated for the prior 12 months or more. (Ord. 049-07
§ 1; Ord. 1449 § 2, 1989).
5.22.040 Imposition and use.
(1) There is levied and imposed upon any per-
son (including children, without regard to age) who
pays an admission charge to any place, including
persons who are admitted at reduced rates to any
place for which other persons pay a charge or a reg-
ular higher charge for the same or similar privi-
leges or accommodations, a tax which shall be in
the amount of:
(a) For start-up businesses during the first
12 months of operation, one percent of the admis-
sion charge.
(b) For all other persons, unless otherwise
exempt, five percent of the admission charge.
(2) No admissions tax shall be levied on any
person who is admitted free of charge and from
whom no compensating payment is obtained. The
tax on reduced admission charges shall be charged
on such reduced charge and not on the regular
admission charge.
(3) The revenue received by the city from the
admissions tax shall be dedicated to the funding of
recreational programs, activities, or capital
projects within the city. (Ord. 049-07 § 2; Ord.
039-07 § 1; Ord. 1449 § 3, 1989).
5.22.050 Exemptions.
(1) All participatory athletic or sporting events
are exempted from this chapter. This exemption
shall apply but is not limited to participants of
archery, batting cages, billiards, bowling, golf and
swimming. This exemption does not apply to spec-
tators at athletic or sporting events who pay an
admissions charge.
(2) Any nonprofit organization that promotes
and produces its own public performance and col-
lects an admission charge to attend is exempt from
collecting an admissions tax from persons paying
the admission charge. Persons attending these pub-
lic performances are exempt from paying an
admissions tax.
(3) The admissions tax imposed by this chapter
shall not apply to any person paying an admission
charge to any event sponsored or conducted by an
elementary or secondary school. For purposes of
this chapter, "elementary" or "secondary" schools
means schools enrolling students in grades kinder-
garten through 12. (Ord. 1449 § 4, 1989).
5.22.060 Accounting for admission.
(1) Whenever a charge is made for admission to
any place, a turnstile or other counting device
which will accurately count the number of paid
admissions or a serially numbered or reserved seat
ticket may be furnished to the person paying such
charge. The established admissions price, admis-
sions tax imposed by this chapter and total price at
which every such admission ticket or card is sold
may be printed or written on the face or back of that
part of the ticket which is to be taken up by the
management of the place to which admission is
gained. The admissions tax due shall be based on
the established price for admittance.
(2) For purposes of greater ease and economy
in administration, collection and enforcement of
the admissions tax, a person may opt to submit a
copy of their Washington Excise Tax Report as
proof of admission income. (Ord. 1449 § 5, 1989).
5.22.070 Collection and payment.
(1) Any person, including any municipal or
quasi -municipal corporation, who receives any
payment for admissions on which a tax is levied
under this chapter shall collect the amount of the
tax imposed from the person making the admission
payment and shall remit the same as provided for
in this section. The tax imposed under this chapter
shall be deemed to be held in trust by that person
required to collect the tax until it is paid to the city
as herein provided. Any person required to collect
the tax imposed under this chapter who fails to col-
lect the same or, having collected the same, fails to
(Revised 1/09) 5-18
Port Orchard Municipal Code
5.22.100
remit the same to the city in the manner prescribed
in this chapter, whether such failure be the result of
his or her own act or the result of acts or conditions
beyond his or her control, shall nevertheless be per-
sonally liable to the city for the amount of such tax,
and shall, unless remittance is made as required in
this section, be guilty of a violation of this chapter.
The tax imposed shall be collected at the time
admission charge is paid by the person seeking
admission to any place and shall be reported and
remitted by the person receiving the tax to the city
treasurer monthly on or before the fifteenth day of
the following month if the amount collected
exceeds $100.00 collected in one month. Amounts
less than $100.00 collected in one month may be
remitted quarterly as follows:
(a) January, February, March to be received
by April 15th.
(b) April, May, June to be received by July
15th.
(c) July, August, September to be received
by October 15th.
(d) October, November, December to be
received by January 15th.
The treasurer may extend the time for making
and filing the return and remittance of the tax for a
period not to exceed 30 days. Payment or remit-
tance of the tax collected may be made by check,
unless payment or remittance is otherwise required
by the treasurer. Checks should be made payable to
the city. Payment by check shall not relieve the
person collecting the tax from liability for payment
and remittance of the tax unless the check is hon-
ored and in the full and correct amount. Any person
receiving any payment for admissions shall make
out a return upon such forms providing information
as required by the treasurer. Whenever any theater,
circus show, exhibition, entertainment or amuse-
ment makes an admission charge which is subject
to the tax levied in this chapter, and the same is of
a transitory or temporary nature, of which the trea-
surer shall be the judge, the treasurer shall require
the report and remittance of the admissions tax
immediately upon the collection of the tax at the
conclusion of the performance or exhibition, or at
the conclusion of a series of performances or exhi-
bitions, or at such other time as the treasurer shall
determine. The treasurer may require the applicant
to deposit a sum of money or bond in advance of
any performance, show or amusement. This
deposit or bond shall be returned upon faithful
compliance with the provisions of this chapter.
(2) Failure to comply with any requirements of
the treasurer as to reporting and remitting the tax
shall be a violation of this chapter.
(3) The books, records and accounts of every
person collecting a tax levied in this chapter shall,
as to admission charges and tax collections, be sub-
ject to examination and audit by the treasurer at all
reasonable times. (Ord. 049-07 § 3; Ord. 039-07
§ 2; Ord. 1449 § 6, 1989).
5.22.080 Penalty for late payment.
(1) If payment of any tax due under this chapter
is not received by the treasurer by the last day of
the month in which the tax was due, there shall be
added to such tax a penalty of 15 percent of the tax
due.
(2) The treasurer shall notify the taxpayer by
mail of the amount of any penalties so added or
assessed and these shall become due and payable
within 10 days from the date of such notice.
(3) In addition to this penalty, the treasurer may
charge the taxpayer interest of one percent of all
taxes due for each 30-day period or portion thereof
that such amounts are past due.
(4) Failure to make payment in full of all tax
amounts and penalties within 60 days following the
day the tax amount initially became due shall be a
civil and/or criminal violation of this section. (Ord.
1449 § 7, 1989).
5.22.090 Registration required.
Any person conducting or operating any activity
for which an admission charge is made shall regis-
ter with the treasurer. (Ord. 1449 § 8, 1989).
5.22.100 Successor to business.
When any person required to pay a tax under
this chapter shall quit business or otherwise dis-
pose of his or her business, any admissions tax pay-
able shall immediately become due and payable,
and if such tax is not paid by such person within 10
days from the date of such sale, exchange or dis-
posal of the business, the purchaser or successor
shall also become liable for the payment of the full
amount of such tax plus accrued penalties. (Ord.
1449 § 9, 1989).
5-18.1 (Revised 1/09)
5.22.110
5.22.110 Recordkeeping.
It shall be the duty of every person liable for any
tax imposed by this chapter to keep and preserve
for a period of five years suitable records as may be
necessary to determine the amount of any tax for
which he or she may be liable under the provisions
of this chapter. (Ord. 1449 § 10, 1989).
5.22.120 Rules and regulations adopted by
treasurer.
The treasurer shall have the power to adopt rules
and regulations not inconsistent with the terms of
this chapter for carrying out and enforcing the pay-
ment, collection and remittance of the tax levied by
this chapter and a copy of the rules and regulations
shall be on file and available for public examina-
tion at the treasurer's office. Failure or refusal to
comply with any such rules and regulations shall
be deemed a violation of this chapter. (Ord. 1449 §
11, 1989).
5.22.130 Violation — Penalty.
In addition to civil penalties that may be
imposed, it is a misdemeanor to violate any of the
provisions of this chapter. Each person who vio-
lates or fails to comply with any of the provisions
(Revised 1/09) 5-18.2
Port Orchard Municipal Code
5.56.160
(3) A for -hire driver shall at all times assist a
passenger by placing luggage or packages (under
50 pounds) in and out of the taxicab or for -hire
vehicle.
(4) A for -hire driver shall not refuse to transport
in the taxicab or for -hire vehicle any passenger's
wheelchair which can be folded and placed in
either the passenger, driver, or trunk compartment
of the taxicab or for -hire vehicle; an assist dog or
guide dog to assist the disabled or handicapped;
groceries; packages; or luggage when accompa-
nied by a passenger.
(5) A for -hire driver shall use the most direct
available route on all trips unless the passenger
specifically requests to change the route.
(6) A for -hire driver shall not permit any person
or pet to ride in the taxicab or for -hire vehicle
unless that person or pet accompanies, or is in the
vehicle at the request of, a fare -paying individual.
This requirement shall not apply to identified
driver trainees.
(7) A for -hire driver shall not refuse to transport
any person except when:
(a) The for -hire driver has already been dis-
patched on another call;
(b) The passenger is acting in a disorderly or
threatening manner, or otherwise causes the for -
hire driver to reasonably believe that the for -hire
driver's health or safety, or that of others, may be
endangered;
(c) The passenger cannot, upon request,
show ability to pay the fare.
(8) A for -hire driver shall not smoke while the
taxicab or for -hire vehicle is occupied without the
consent of all passengers.
(9) A for -hire driver shall be able to provide a
reasonable amount of change, and if correct change
is not available, no additional charge will be made
to the passenger in attempting to secure the change.
(10) A for -hire driver shall not make any dis-
criminatory charges to any person, or make any
rebate or in any manner reduce the charge to any
person, unless such is in conformity with the dis-
counts or surcharges contained in the filed rates.
(Ord. 1777 § 10, 1999).
5.56.110 Fingerprints and photographs of
driver applicant.
Every applicant for a driver's license must sub-
mit to fingerprinting by the chief or designee and
must file with their application two recent photo-
graphs of himself or herself of a size designated by
the clerk and which may be easily attached to their
license, one of which shall be so attached when
issued; the other shall be filed with the application.
The photograph shall be so attached to the license
that it cannot be removed and another photograph
substituted without probability of detection. Each
licensed driver shall, on demand of the license
inspector, police officer or a passenger, exhibit
their license and photograph for inspection. (Ord.
1777 § 11, 1999).
5.56.120 Issuance of driver's license.
Upon satisfactory fulfillment of the five require-
ments set forth in this chapter, there shall be issued
to the applicant a license, which shall be in such
form as to contain the photograph and signature of
the licensee. Driver's licenses shall be issued for
the calendar year. (Ord. 1777 § 12, 1999).
5.56.130 Renewal of driver's license.
A driver's license may be renewed from year to
year by clerk or designee. A driver in applying for
a renewal of their license shall make such applica-
tion upon a form to be furnished by the clerk.
Application for renewal must be submitted prior to
expiration of the current license. (Ord. 1777 § 13,
1999).
5.56.140 Driver's license fee —
Nontransferability of license.
The license fee for a driver's license shall be
$30.00 yearly. The license shall not be transfer-
able. (Ord. 1777 § 14, 1999).
5.56.150 Driver's license records kept by
clerk.
There shall be kept by the clerk a complete
record of each license issued to a driver, and of all
renewals, suspensions, and revocations thereof,
which record shall be kept on file with the original
application for a license. (Ord. 1777 § 15, 1999).
5.56.160 Driver to furnish receipt on demand.
If demanded by the passenger, the driver in
charge of the taxicab shall deliver to the person
paying for the hiring of the same at the time of such
payment a receipt therefor in legible type or writ-
ing containing the name of the owner, the city vehi-
cle license number or the driver's city license
5-33 (Revised 1/09)
5.56.170
number, any items for which a charge is made, the
total amount paid, and the date of payment. (Ord.
1777 § 16, 1999).
5.56.170 Penalty.
In addition to or as an alternative to any other
penalty provided herein or by law, penalties shall
be assessed by the city license officer, his or her
assignee, or by a police officer against any lic-
ensee, person, or business that violates any provi-
sion of this chapter as follows:
(1) Failure to obtain any licenses required by
this chapter, other than a Washington State driver's
license, shall be punishable as follows:
(a) Each day for which a violation occurs
shall constitute a separate offense.
(b) The first offense shall be punishable by
a civil penalty of $500.00.
(c) The second offense shall be punishable
by a civil penalty of $1,000.
(d) The third or subsequent offense shall be
a misdemeanor.
(2) Failure to renew any licenses required by
this chapter, other than a Washington State driver's
license, within 30 days after the date of expiration,
shall subject the licensee to the penalty set forth in
POMC 5.12.090 to reinstate the license. Failure to
renew any delinquent licenses required by this
chapter, other than a Washington State driver's
license, by December Ist of any year shall subject
the licensee to the penalty provisions set forth in
subsection (1) of this section.
(3) Operation of a taxicab or for -hire vehicle by
a driver without a valid Washington State driver's
license, or when the driver's Washington State
driver's license is suspended, shall be a gross mis-
demeanor offense.
(4) Other.
(a) Except as specified above, failure to
comply with any other provision of this chapter
shall be punishable by a civil penalty of $250.00.
Each five-day calendar period for which a violation
occurs is a separate offense.
(b) Repeated violations will result in revo-
cation of license as stated in POMC 5.56.180.
(Ord. 009-08 § 1; Ord. 1777 § 17, 1999).
5.56.180 Revocation or suspension of license —
Procedure.
(1) Licenses issued pursuant to the provisions
of this chapter may be revoked or suspended for
violation of such provisions by resolution of the
council whenever it shall find that the licensee or
any agent, servant, or employee of such licensee
has violated the provisions of this chapter or per-
mitted the same to be violated; provided, however,
no such license shall be revoked or suspended
unless charges in writing shall first have been filed
with the clerk setting forth with reasonable cer-
tainty the nature of such charges against the lic-
ensee. Upon the filing of charges as aforesaid, the
council shall fix a time and place for the hearing of
the charges, and a copy of the charges as filed,
together with notice of the time and place of hear-
ing, shall be served upon the licensee at least five
days prior to the date fixed by the council for the
hearing.
(2) Any notice provided for in this section shall
be served, either: (a) by delivering copy personally
to the licensee, or (b) by leaving a copy with some
person of suitable age and discretion at the place of
business of the licensee, or if no such person be
found at the place of business of the licensee, by
leaving such notice in a conspicuous place on the
premises, and mailing a copy of the notice to the
licensee at his place of business as set forth in his
application for license. At the hearing on said
charges, the licensee shall have the right to appear
and defend the charges and, if licensee so desires,
to be represented by counsel. (Ord. 1777 § 18,
1999).
(Revised 1/09) 5-34
Port Orchard Municipal Code
5.60.020
Chapter 5.60
FIREWORKS
Sections:
5.60.010 Permit and state license required —Fee.
5.60.015 Fireworks permits — Forms and
deadlines.
5.60.020
Conditions for sales of fireworks and
public display — Permit issuance.
5.60.030
Temporary stands.
5.60.040
Number of permits and stands limited.
5.60.050
Exploding fireworks legal period
designated.
5.60.060
Chapter supplementary to state law.
5.60.070
Violations — Penalty.
5.60.080
Enforcement by fire authority.
5.60.010 Permit and state license required —
Fee.
No person, firm or corporation shall import,
manufacture, transport (except as a public carrier
delivering to a licensee), possess, store, sell or offer
to sell at retail or wholesale or discharge fireworks
inside the city limits of the city of Port Orchard
without first obtaining a permit from the city and a
license from the state of Washington. The fee for
obtaining a city permit shall be $100.00 per year
payable in advance. (Ord. 038-08 § 2; Ord. 026-08
§ 2; Ord. 1706 § 1, 1998).
5.60.015 Fireworks permits — Forms and
deadlines.
(1) Applications for permits required by this
chapter shall be submitted in such form and detail
as prescribed by the fire marshal. A separate appli-
cation shall be required for each site and activity.
Applications shall include, at a minimum:
(a) The application fee;
(b) Copy of appropriate state licenses;
(c) A site or discharge plan; and
(d) The names, addresses and telephone
numbers of the applicant(s) and responsible
party(ies).
(e) When applicable, a description of the
proposed activity detailing how it satisfies the con-
ditions set forth under POMC 5.60.020.
(2) Permit applications shall be received by the
city clerk for review by the South Kitsap Fire Dis-
trict:
(a) No later than 4:30 p.m. on the last offi-
cial city work day in May for retail sales;
(b) No later than 4:30 p.m. at least 40 busi-
ness days prior to the date of an intended public
display; and
(c) Prior to commencing a permitted activ-
ity for all other uses.
(3) Pursuant to RCW 70.77.280, the city coun-
cil hereby designates the chief of the South Kitsap
Fire District or his or her designee as the person
with the authority to grant or deny permits that are
sought pursuant to this chapter.
(4) Permits issued pursuant to this chapter are
nontransferable. (Ord. 038-08 § 3).
5.60.020 Conditions for sales of fireworks and
public display — Permit issuance.
A permit for the sale of fireworks or for public
display shall be issued only upon the following
terms and conditions:
(1) The applicant shall have a valid and subsist-
ing license issued by the state of Washington
authorizing the holder thereof to engage in the fire-
works business, a copy of which shall be filed with
the city clerk's office.
(2) For sales of fireworks, the applicant shall
obtain a business license from the city.
(3) The applicant shall have and keep in full
force and effect a policy of insurance approved by
the city attorney saving the city harmless for any
acts of the licensee in the following amounts:
$500,000 or more for injury to any one person in
one accident or occurrence, $1,000,000 for injury
to more than one person for any one accident or
occurrence, $300,000 for injury to property in any
one accident or occurrence. Proof of insurance
coverage shall be included with the application for
a permit and shall be filed with the city clerk's
office.
(4) For sales of fireworks, the location of the
proposed place of business shall comply with the
zoning ordinances of the city.
(5) Applicant shall post a $50.00 deposit condi-
tioned upon the prompt removal of the temporary
stand and/or the cleaning up of all debris from the
site. If the applicant removes such temporary stand
and cleans up all the debris before the tenth day of
July each year, he shall be entitled to the return of
his $50.00 deposit.
5-35 (Revised 1/09)
5.60.030
(6) Public displays of fireworks shall comply
with the provisions of RCW 70.77.280 in that the
fire authority shall determine whether the proposed
display would pose a hazard to property or a danger
to persons. The South Kitsap Fire District shall pre-
pare a written report detailing the findings and rec-
ommendations for or against the issuance of the
permit. The fire district's report shall be filed with
the city clerk's office. (Ord. 038-08 § 4; Ord. 026-
08 § 3; Ord. 1706 § 2, 1998).
5.60.030 Temporary stands.
All safe and sane fireworks shall be sold only
from temporary stands and must conform to the
written rules and regulations of the fire authority.
(Ord. 1706 § 3, 1998).
5.60.040 Number of permits and stands
limited.
(1) Fourth of July Holiday Period. Only seven
permits for the sale of fireworks shall be issued
annually in the city and each permittee is entitled to
only one retail outlet. (Ord. 038-08 § 5; Ord. 026-
08 § 4; Ord. 1706 § 4, 1998).
5.60.050 Exploding fireworks legal period
designated.
No person shall use or explode any fireworks
within the city except from 11:00 a.m. to 11:00
p.m. on the fourth day of July of any year and
except where public displays are authorized pursu-
ant to the laws of the state of Washington. (Ord.
026-08 § 5; Ord. 1706 § 5, 1998).
5.60.060 Chapter supplementary to state law.
This chapter is intended to implement Chapter
70.77 RCW and shall be construed in connection
with the law and any and all rules or regulations
issued pursuant thereto. (Ord. 1706 § 6, 1998).
5.60.070 Violations — Penalty.
(1) Any person failing to comply with Chapter
70.77 RCW or any rules or regulations of the State
Fire Marshal or the fire authority shall be guilty of
a violation of this chapter.
(2) Any person violating any of the provisions
or failing to comply with the mandatory require-
ments of this chapter shall be guilty of a misde-
meanor. Any person convicted of a misdemeanor
shall be punished by a fine not to exceed $1,000 or
by imprisonment not to exceed 90 days, or by both
such fine and imprisonment. Each such person
shall be guilty of a separate offense for each and
every day during any portion of which any viola-
tion or any provision of this chapter is committed,
continued or permitted by any such person. (Ord.
1706 § 7, 1998).
5.60.080 Enforcement by fire authority.
The fire authority or his duly authorized repre-
sentative is designated as the enforcing officer of
this chapter. (Ord. 1706 § 8, 1998).
(Revised 1/09) 5-36
Port Orchard Municipal Code
5.64.040
Chapter 5.64
LIGHT FRANCHISE
Sections:
5.64.010
Definitions.
5.64.020
Rights and privileges granted.
5.64.030
Maintenance of facilities — Traffic —
Excavations.
5.64.040
Relocation of facilities.
5.64.050
Indemnification.
5.64.060
Moving buildings within the franchise
area.
5.64.070
Default.
5.64.080
Franchise nonexclusive.
5.64.090
Term.
5.64.100
Assignment.
5.64.110
Amendments.
5.64.120
Franchise subject to tariffs.
5.64.130
Suits — Recovery of attorney's fees.
5.64.140
Section headings not to affect
construction of provisions.
5.64.150
Validity.
5.64.010 Definitions.
Where used in this franchise the following terms
shall mean:
(1) "City" means the city of Port Orchard, a
municipal corporation of the state of Washington,
and its respective successors and assigns.
(2) "Facilities" means poles (with or without
crossarms), wires, lines, conduits, cables, commu-
nication and signal lines, braces, guys, anchors,
vaults and all necessary or convenient facilities and
appurtenances thereto, whether the same be located
over or under ground.
(3) "Franchise area" means any, every and all
of the roads, streets, avenues, alleys, highways,
grounds and public places of the city as now laid
out, platted, dedicated or improved; and any every
and all roads, streets, avenues, alleys, highways,
grounds and public places that may hereafter be
laid out, platted, dedicated or improved within the
present limits of the city and as such limits may be
hereafter extended.
(4) "Puget" means Puget Sound Power and
Light Company, a Washington corporation, and its
respective successors and assigns. (Ord. 1357 § 2,
1986).
5.64.020 Rights and privileges granted.
(1) The city does hereby grant to Puget the
right, privilege, authority and franchise to:
(a) Set, erect, construct, support, attach, con-
nect and stretch facilities between, maintain, repair,
replace, operate and use facilities in, upon, over,
under, along, across and through the franchise area
for purposes of transmission, distribution and sale
of energy for power, heat, light and any other pur-
pose for which energy can be used; and
(b) To charge and collect tolls, rates and
compensation for such energy and such uses. (Ord.
1357 § 3, 1986).
5.64.030 Maintenance of facilities — Traffic —
Excavations.
Puget's facilities shall be maintained within the
franchise area so as not to unreasonably interfere
with the free passage of traffic and in accordance
with laws of the state of Washington. Whenever it
shall be necessary for Puget, in the exercise of its
rights under this franchise, to make any excavation
in the franchise area, Puget shall, upon completion
of such excavation, restore the surface of the fran-
chise area, as nearly as practicable, to the same
condition it was in prior to such excavation. (Ord.
1357 § 4, 1986).
5.64.040 Relocation of facilities.
(1) Whenever the city causes the grading or
widening of the franchise area (for purposes other
than those described in subsection (2) of this sec-
tion), and such grading or widening requires the
relocation of Puget's then existing facilities within
the franchise area, the city shall:
(a) Provide Puget, within a reasonable time
prior to the commencement of such grading or wid-
ening, written notice requesting such relocation;
and
(b) Provide Puget with reasonable plans and
specifications for such grading or widening. After
receipt of such notice and such plans and specifica-
tions, Puget shall relocate such facilities within the
franchise area at no charge to the city. If the city
requires the subsequent relocation of any facilities
within five years from the date of relocation of
such facilities pursuant to this subsection, the city
shall bear the entire cost of subsequent relocation.
(2) (a) Whenever any person or entity, other
than the city, requires the relocation of Puget's
facilities to accommodate the work of such person
5-36.1 (Revised 1/09)
5.64.050
or entity within the franchise area; or, whenever the
city requires the relocation of Puget's facilities
within the franchise area for the benefit of any per-
son or entity other than the city, then Puget shall
have the right as a condition of such relocation to
require such person or entity to:
(i) Make payment to Puget, at a time and
upon terms acceptable to Puget, for any and all
costs and expenses incurred by Puget in the reloca-
tion of Puget's facilities; and
(ii) Indemnify and save Puget harmless
from any and all claims and demands made against
it on account of injury or damage to the person or
property of another arising out of or in conjunction
with the relocation of Puget's facilities, to the
extent such injury or damage is caused by the neg-
ligence of the person or entity requesting the relo-
cation of Puget's facilities or the negligence of the
agents, servants or employees of the person or
entity requesting the relocation of Puget's facili-
ties.
(b) Any condition or requirement imposed
by the city upon any person or entity, other than the
city or Puget (including, without limitation, any
condition or requirement imposed pursuant to any
contract or in conjunction with approvals or per-
mits for zoning, land use, construction or develop-
ment) which requires the relocation of Puget's
facilities shall be a required location for purposes
of subsection (2)(a) of this section.
(3) Nothing in this section shall require Puget to
bear any cost or expense in connection with the
location or relocation of any facilities then existing
under benefit of easement or such other prior
rights. (Ord. 1357 § 5, 1986).
5.64.050 Indemnification.
Puget shall indemnify and save the city harmless
from any and all claims and demands made against
it on account of injury or damage to the person or
property of another, to the extent such injury or
damage is caused by the negligence of Puget or its
agents, servants or employees in exercising the
rights granted Puget in this franchise; provided,
however, that in the event any such claim or
demand be presented to or filed with the city, the
city shall promptly notify Puget thereof, and Puget
shall have the right, at its election and at its sole
(Revised 1/09) 5-36.2
Port Orchard Municipal Code
5.68.160
5.68.130 Grantee to make rules and
regulations.
The grantee, its successors and assigns may
make such reasonable rules and regulations for the
protection of its property, for the prevention of loss
and waste, for safety purposes, for the conduct of
business, and in respect of the sale of or distribu-
tion of gas, as may be advisable or necessary from
time to time, all in accordance herewith and valid,
applicable state laws, rules and regulations. (Ord.
689 § 13, 1962).
5.68.140 Forfeiture of franchise.
(1) In case of failure on part of the grantee, its
successors, or assigns to comply with any of the
provisions of this chapter or if the grantee, its suc-
cessors or assigns do or cause to be done any act or
thing prohibited by or in violation of the terms of
this chapter, the grantee, its successors or assigns
shall forfeit all rights and privileges granted by this
chapter and all rights thereunder shall cease; pro-
vided that such forfeiture shall not occur or take
effect until the city shall carry out the following
proceedings and procedures:
(2) Before the city may proceed to forfeit the
franchise as in this section provided, it shall first
serve written notice upon the manager of the
grantee, its successors or assigns, as provided by
law for the service of summons, and upon the
trustee or trustees under any mortgage or trust
instruments, if any, filed or recorded in Kitsap
County, Washington, and any other representatives
investors, if any, of which there is a filing or record
in such county, by mailing by registered mail to
such trustee, trustees, representative or representa-
tives if any, written notice, all such notices to set
forth clearly and in detail the failure or violation
complained of, and the grantee, its successors or
assigns shall have 90 days thereafter in which to
comply with the conditions of this franchise. If
such failure or violation continues beyond the 90
days, then and in that event all of the rights of the
grantee hereunder shall forthwith terminate with-
out further notice and this chapter shall be of no
further force or effect; provided, however, that
such failure, default or violation shall not consti-
tute ground for forfeiture if due materially, sub-
stantially and reasonable to act of God, fire, flood,
storm, or other element of casualty, theft, war,
disaster, strike, lockout, boycott, labor disturbance
or disruption, governmental authority, allocations,
rules or regulations, shortages of materials, or
labor, shipping or transportation shortages, pre-
vailing war or war preparation induced conditions,
or bona fide legal proceedings, beyond the control
of the grantee, its successors or assigns. (Ord. 689
§ 14, 1962).
5.68.150 Remedies to enforce compliance.
The city, in addition to its right to forfeit this
chapter and franchise, as provided in POMC
5.68.140, reserves and has the right to pursue any
remedy to compel or enforce the grantee, its suc-
cessors or assigns to comply with the terms hereof
and furnish the service herein called for, and the
pursuit of any right or remedy by the city shall not
prevent the city from thereafter declaring a forfei-
ture for any reason herein stated, nor shall the delay
of the city in declaring a forfeiture estop it from
thereafter doing so, unless the action of the city
shall have prevented, caused or contributed materi-
ally to the failure to perform or do the act or thing
complained of. (Ord. 689 § 15, 1962).
5.68.160 Excise tax on gross earnings.
The right and privileges hereby granted are upon
condition that the grantee, its successors or assigns,
shall pay, as compensation and as a consideration
for the use of the streets, avenues, alleys, and pub-
lic grounds of the city for the purposes herein des-
ignated, the full sum and amount of two percent its
gross earnings from the sale of gas in the city,
annually into the treasury of the city for the use and
benefit of the city. The payment shall be made on
or before the first day of March of each and every
year from the granting of this chapter, for the pur-
pose of ascertaining the gross earnings upon which
payment shall be made, an accurate account of
such earnings shall be kept by the company, and an
abstract and account thereof furnished by it to the
treasurer of the city on or before the first day of
March in each and every year, the truth of which
abstract shall be verified by affidavit of the trea-
surer of the company. For the purpose of verifica-
tion of such statements, the books of the company
shall be at all times opened for the inspection of
such officer, person or persons as may be
appointed for that purpose by the council. For the
purpose of securing to the city, the payment of the
aforesaid percent, the city shall have a lien for the
payment of the percent and the same shall be
charged against all of the property, estate and
5-41 (Revised 1/09)
5.68.170
effects of the company whatsoever, real, personal
or mixed, and may be enforced by the city by civil
action. But nothing contained herein shall be held
to impair the rights of the city in enforcing the
terms and conditions of this chapter. (Ord. 689 §
16, 1962).
5.68.170 Assignment of franchise.
This franchise may be assigned in accordance
with the laws of the state of Washington. (Ord. 689
§ 17, 1962).
Chapter 5.72
CABLE TV FRANCHISE
(Repealed by Ord. 016-06)
(Revised 1/09) 5-42/44
Port Orchard Municipal Code
5.97.100
5.97.080 Solicitation.
Tow truck operators shall not solicit tows at
scene of an accident/incident without first deter-
mining whether towing assistance has already been
requested. If the request has been made, there shall
be no solicitation provided, however, any operator
may render assistance without charge at the scene
of an accident/incident to clear a public street or
highway. (Ord. 1828 § 1 (7), 2002).
5.97.090 Procedure for application to tow.
(1) Any tow company desiring to tow within
the city limits of Port Orchard for the Port Orchard
police department or the city shall submit a formal
letter of application to the police department. The
application shall be:
(a) Accompanied by an inspection certifica-
tion from the Washington State Patrol; and
(b) Signed by the applicant or an agent, and
shall include the following information:
(i) The name and address of the person,
firm, partnership, association, or corporation under
whose name the business is to be conducted;
(ii) The names and addresses of all per-
sons having an interest in the business, or if the
owner is a corporation, the names and addresses of
the officers of the corporation;
(iii) The names and addresses of all
employees who serve as tow truck drivers;
(iv) Proof of minimum insurance
required by subsection (3) of this section;
(v) The vehicle license and vehicle iden-
tification numbers of all tow trucks of which the
applicant is the registered owner;
(vi) Any other information the depart-
ment may require; and
(vii) A certificate of approval from the
Washington State Patrol certifying that:
(A) The applicant has an established
place of business and that mail is received at the ad-
dress shown on the application;
(B) The address of any storage loca-
tions where vehicles may be stored is correctly
stated on the application;
(C) The place of business has an of-
fice area that is accessible to the public without en-
tering the storage area; and
(D) The place of business has ade-
quate and secure storage facilities, as defined in
this chapter and the rules of the department, where
vehicles and their contents can be properly stored
and protected.
(2) Each application shall be considered within
30 days. Inspections shall be made and, upon the
passing of the inspections and meeting all require-
ments, the chief of police shall order the applicant
to be placed at the bottom of the rotation towing
list.
(3) Before the department may issue a letter of
approval for placement on the Port Orchard rota-
tional towing list, the applicant shall provide a cer-
tificate of insurance with the city shown as an
additional named insured and certificate holder
with the following of minimum insurance require-
ments of:
(a) One hundred thousand dollars for liabil-
ity for bodily injury or property damage per occur-
rence; and
(b) Fifty thousand dollars of legal liability
per occurrence, to protect against vehicle damage,
including but not limited to fire and theft, from the
time a vehicle comes into the custody of an opera-
tor until it is redeemed or sold.
(c) Cancellation of or failure to maintain the
insurance required by subsections (3)(a) and (3)(b)
of this section automatically cancels the operator's
registration.
(4) An applicant must show adequate proof of
all licenses required by federal, state and local
laws, statutes and regulations.
(5) Any company making application for place-
ment on the rotational towing list must verify in
writing that other companies currently on the rota-
tional towing list have been notified of the applica-
tion. (Ord. 1828 § 1 (8), 2002).
5.97.100 Compliance.
(1) Any tow company responding to calls from
the Port Orchard police department shall be
required to abide by all RCW, WAC, and these
amended rules and regulations. Any violations
shall be grounds for revocation or suspension of
the company's letter of approval for placement on
the Port Orchard rotational towing list.
(2) If a tow company fails to respond or fails to
respond within the response time requirements of
this chapter to more than 10 percent of the tows
requested by the Port Orchard police department or
the city during any 30-day period, the chief of
police may request a report or other information
from the towing company justifying those periods
of unavailability. If a satisfactory justification is
not supplied, the chief of police may revoke or sus-
5-55 (Revised 1/09)
5.97.110
pend the tow operator's letter of approval for
placement on the Port Orchard rotational towing
list.
(3) No tow truck operator shall refuse to
respond to any emergency call for tow truck ser-
vice upon any grounds of possible inability to pay
on the part of the person or persons needing tow
truck service. For the purpose of this section, the
term emergency call is defined as one involving or
potentially involving injury to a person or persons.
Any violation of this section shall be grounds for
revocation or suspension of the company's letter of
approval. Nothing in this section shall be construed
to make the City of Port Orchard liable for costs of
the tow truck service. (Ord. 1828 § 1 (9), 2002).
5.97.110 Suspension, revocation, or denial.
(1) Any determination by the city of Port
Orchard police department to suspend, revoke or
deny a letter of approval for placement on the Port
Orchard rotational towing list shall be in writing
and shall notify the company of the opportunity for
a hearing if a written request for a hearing is
received within 10 days from the date such notice
is mailed.
(2) All hearings shall be conducted by an
administrative hearings officer who shall be the
judge, or judge pro tem, of the Port Orchard
Municipal Court. The decision of the administra-
tive hearings officer shall be a final decision at
administrative level. (Ord. 1828 § 1 (10), 2002).
5.97.120 Programs — Right to establish and
develop.
The city retains the right to establish and
develop programs to remove junk and/or aban-
doned vehicles from within the city. Towing for
such programs may be obtained by the city through
a call for proposal process and not be subject to the
provisions of this chapter. (Ord. 1828 § 1 (11),
2002).
Chapter 5.99
HOME BUSINESSES
Sections:
5.99.010 Purpose.
5.99.020 Definitions.
5.99.030 Business license required.
5.99.040 Home businesses — Requirements.
5.99.050 Revocation of home business license.
5.99.010 Purpose.
The purpose of the home business regulations is
to balance the competing interests of persons wish-
ing to engage in limited commercial activity within
residences with those of their neighbors in main-
taining the residential character of the neighbor-
hood. These provisions have therefore been
enacted to ensure that all commercial activity
remains incidental to the residential use and does
not interfere with the residential character of the
neighborhood through noise, traffic, safety haz-
ards, or other public nuisances that may be gener-
ated by the commercial activity. It is the express
intent of the city to not create a commercial atmo-
sphere in its residential zones. (Ord. 026-07 § 5).
5.99.020 Definitions.
(1) "Accessory use" means a use or activity that
is subordinate and incidental to the primary use of
a residence as a dwelling unit.
(2) "Kennel" shall have the same meaning as
defined in the Port Orchard Zoning Ordinance No.
1748, Chapter 132, Section 70, now or as hereafter
amended.
(3) "Home business" or "home businesses"
shall include home (cottage) industry, home occu-
pation and home profession as defined herein.
(4) "Home (cottage) industry" shall have the
same meaning as defined in the Port Orchard Zon-
ing Ordinance No. 1748, Chapter 132, Section 57,
now or as hereafter amended.
(5) "Home occupation" shall have the same
meaning as defined in the Port Orchard Zoning
Ordinance No. 1748, Chapter 132, Section 58, now
or as hereafter amended.
(6) "Home profession" shall have the same
meaning as defined in the Port Orchard Zoning
Ordinance No. 1748, Chapter B2, Section 59, now
or as hereafter amended.
(Revised 1/09) 5-56
Port Orchard Municipal Code
5.99.040
(7) "Resident" shall mean a person who occu-
pies a residential dwelling within the city of Port
Orchard on an ongoing and continual basis, and
who actually lives within the home, as distin-
guished from a visitor or transient. (Ord. 026-07
§ 5).
5.99.030 Business license required.
No person shall operate or maintain a home
business without having a license to do so issued
by the city treasurer in accordance with the provi-
sions of this chapter and with the provisions of
Chapter 5.12 POMC. The specific provisions of
this chapter shall control over any conflicting pro-
visions of Chapter 5.12 POMC. (Ord. 026-07 § 5).
5.99.040 Home businesses — Requirements.
The following standards shall apply to all home
businesses. An applicant applying for a business
license for a home business must demonstrate com-
pliance with all of the following standards:
(1) Home businesses are permitted in a residen-
tial dwelling unit subject to the provisions of the
city's zoning ordinance and if all of the following
criteria are met:
(a) The home business shall clearly be sub-
ordinate to the use of the dwelling unit for residen-
tial purposes. The burden of establishing that the
home business is subordinate to the primary resi-
dential use is upon the applicant for a business
license.
(b) The home business shall be owned or
conducted by a resident of the dwelling unit. If the
applicant for the business license is a resident but
does not own the dwelling unit, the applicant shall
obtain written approval of the proposed home busi-
ness from the owner. The burden of establishing
that the home business is owned or conducted by a
resident of the dwelling unit is upon the applicant
for a business license.
(c) No more than two persons shall be
employed in the home business without obtaining
a conditional use permit.
(d) Each home business conducted within
any single dwelling unit, including accessory struc-
tures, shall obtain a separate conditional use permit
when otherwise required by the provisions of this
chapter or the city's zoning ordinance.
(e) The residential character of the building
shall be maintained and the business shall be
wholly situated indoors. There shall be no exterior
display, alteration of the property, expansion of
parking, storage or other exterior indication of the
existence of the home business, except as may be
allowed by the underlying zone or under POMC
15.16.090.
(f) Home businesses shall not involve the
use of more than 40 percent or 1,000 square feet,
whichever is less, of the combined gross floor area
of the principal residential building, garage, and
the living area of any accessory structure.
(g) A home business shall not include the
following uses: commercial instruction with four
or more students, commercial stable, kennel, res-
taurant, medical clinic, vehicle detailing, or minor
or major vehicle repair.
(h) The home business shall not infringe
upon the right of neighboring residents to enjoy the
peaceful occupancy of their homes. No offensive
noise, vibration, smoke, dust, odor, heat, glare or
unusual or excessive traffic to and from the pre-
mises shall be produced or generated by the home
business.
(i) There is no use of electrical or mechani-
cal equipment which would change the fire rating
of the structure or which would create visible or
audible interference in radio or television receivers
or which would cause fluctuations in line voltage
outside the dwelling.
(2) Persons engaged in legal home businesses
on the effective date of the ordinance codified in
this chapter shall be considered legal, provided the
operation is consistent with all of the above -listed
standards. Any home business which was legally
established but does not currently conform to all
those standards may not expand or enlarge and
shall be subject to revocation of their business
license upon:
(a) Change of use, sale or transfer of the
home business, or relocation of the home business
to a new location; or
(b) Written complaint of an adjacent or
nearby resident which clearly establishes that the
home business is interfering with the use and
enjoyment of the neighboring premises and is not
compatible with the residential environment in
which it is located.
Revocation of a home business license under the
provisions of this section shall conform to the pro-
cesses and procedures of POMC 5.99.050.
5-57 (Revised 1/09)
5.99.050
(3) Home business licenses and conditional use
permits are not transferable. Any changes to the
home business use, sale or transfer of the home
business, or relocation of the home business to a
new location shall be deemed an abandonment of
the license and of any conditional use permit.
(4) The provisions of this chapter shall not
apply to the following: bed and breakfast establish-
ments, as defined in defined in the Port Orchard
Zoning Ordinance No. 1748, Chapter B2, Section
14, now or as hereafter amended; or daycare facil-
ities, as defined in the Port Orchard Zoning Ordi-
nance No. 1748, Chapter B2, Section 25, now or as
hereafter amended.
(5) Any person violating or failing to comply
with any of the provisions of this chapter and/or
with the provisions of Chapter 5.12 POMC, as
applicable, shall be subject to the penalty provi-
sions of POMC 5.12.160 and 5.12.170, now or as
hereafter amended. (Ord. 026-07 § 5).
5.99.050 Revocation of home business license.
(1) In addition to any other penalties provided
in this title, or as otherwise permitted by law, a
home business license may be revoked under any
of the following circumstances:
(a) The license or licensee qualifies for
revocation or suspension as set forth in POMC
5.12.120;
(b) The license or licensee fails to comply
with any provisions of a conditional use permit; or
(c) The licensee fails to comply with any
provision of this chapter.
(2) If the city receives a complaint from an
adjacent or nearby resident that alleges that the lic-
ensee is failing to comply with the provisions of
this chapter and/or the provisions of any applicable
conditional use permit, the city staff shall investi-
gate the complaint and shall give the licensee an
opportunity to rebut any claims or complaints.
(3) Upon determination that there is cause for
revocation of a home business license by the city
license officer, notice shall be sent to the licensee
as set forth in POMC 5.12.120(2).
(4) A licensee is entitled to a hearing on revoca-
tion of their home business license. A request for a
hearing must be received by the city within 15 days
of the licensee's receipt of the city's notice under
subsection (3) of this section. Failure to request a
hearing within 15 days shall be deemed a waiver of
the licensee's right to a hearing, and shall result in
the decision of the city license officer to revoke the
home business license being final.
(5) If a request for hearing is received in accor-
dance with subsection (4) of this section, a hearing
on revocation of a home business license shall be
handled in the same manner as set forth in POMC
5.12.120(3) through (6). (Ord. 026-07 § 5).
(Revised 1/09) 5-58
Title 9
PUBLIC PEACE, MORALS AND SAFETY
Chapters:
9.02 General Provisions
9.04 Definitions
9.08 Liability for Criminal Conduct
9.10 Miscellaneous Offenses — Defenses to Prosecution
9.12 Offenses Against Governmental Order
9.14 Controlled Substances
9.16 Crimes Against the Person
9.18 Domestic Violence Protection
9.20 Offenses Against Public Morals
9.22 Alarm Systems
9.24 Offenses Against Public Order
9.26 Offenses Involving Alcohol
9.28 Crimes Against Property
9.30 Nuisances
9.31 Graffiti
9.32 Offenses By and Against Minors
9.34 Littering
9.36 Weapons and Explosives
9.40 Closing Area During Calamity
9.44 Smoking Prohibited in Public Places and Places of Employment
9.46 City -Owned Docks and Piers
9.48 Information About Offenses Against City Property
9.53 Detention and Incarceration
9.54 Repealed
9.55 Urinating in Public
9-1 (Revised 1/09)
Port Orchard Municipal Code
9.14.090
9.14.070 Seizure and forfeiture.
The following sections of the Revised Code of
Washington (RCW), and any amendments thereto,
are hereby adopted by reference as a portion of the
criminal code of the city of Port Orchard as if fully
set forth herein: RCW 69.50.505, 69.50.506,
69.50.507. (Ord. 1724 § 8, 1998).
9.14.080 Drug -related loitering.
(1) It is unlawful for any person to loiter in or
near any thoroughfare, place open to the public, or
near any public or private place in a manner and
under circumstances manifesting the purpose to
engage in drug -related activities contrary to any of
the provisions of Chapters 69.41, 69.50, or 69.52
RCW.
(2) Among the circumstances, which may be
considered in determining whether such a purpose
is manifested are:
(a) Such person is a known unlawful drug
user, possessor, or seller. For the purposes of this
chapter, "known unlawful drug user, possessor or
seller" is a person who has, within the knowledge
of the arresting officer, been convicted in any court
within this state of any violation involving the use,
possession, or sale of any substance referred to in
Chapters 69.41, 69.50, or 69.52 RCW, or substan-
tially similar laws of any political subdivision of
this state or any other state; or a person who dis-
plays physical characteristics of drug intoxication
or usage, such as "needle tracks," or a person who
possesses drug paraphernalia as defined in POMC
9.14.010;
(b) Such person is currently subject to an
order prohibiting his or her presence in a high drug
activity geographic area;
(c) Such person behaves in such a manner as
to raise a reasonable suspicion that he or she is
about to engage in or is then engaged in unlawful
drug -related activity, including, by way of example
only, such person acting as a "lookout";
(d) Such person is physically identified by
the officer as a member of a "gang," or association,
which has as its purpose illegal drug activity;
(e) Such person transfers small objects or
packages for currency in a furtive fashion;
(f) Such person takes flight upon the appear-
ance of a police officer;
(g) Such person manifestly endeavors to
conceal himself or herself or any object, which rea-
sonably could be involved in unlawful drug -related
activity;
(h) The area involved is by public repute
known to be an area of unlawful drug use and traf-
ficking;
(i) The premises involved are known to
have been reported to law enforcement as a place
of suspected drug activity pursuant to Chapter
69.52 RCW;
0) Any vehicle involved is registered to a
known unlawful drug user, possessor, or seller, or
a person for whom there is an outstanding warrant
for a crime involving drug -related activity.
(3) Drug -related loitering is a gross misde-
meanor. (Ord. 1724 § 8, 1998).
9.14.090 Penalties for violation.
The following sections of the Revised Code of
Washington (RCW), and any amendments thereto,
are hereby adopted by reference as a portion of the
criminal code of the city of Port Orchard as if fully
set forth herein: RCW 69.50.425. (Ord. 1724 § 8,
1998).
9-9 (Revised 1/09)
9.16.010
Chapter 9.16
CRIMES AGAINST THE PERSON
Sections:
9.16.010
Assault fourth degree.
9.16.030
Repealed.
9.16.040
Reckless endangerment.
9.16.050
Harassment.
9.16.060
Telephone harassment.
9.16.070
Coercion.
9.16.080 Stalking.
9.16.090 Telephone harassment — Permitting
telephone to be used.
9.16.010 Assault fourth degree.
The following section of the Revised Code of
Washington (RCW), and any amendment thereto,
is adopted by reference as a portion of the criminal
code of the city as if fully set forth in this chapter:
RCW 9A.36.041. (Ord. 1942 § 3, 2004; Ord. 1724
§ 9, 1998).
9.16.030 Fighting.
Repealed by Ord. 036-07. (Ord. 1890 § 10,
2003; Ord. 1724 § 9, 1998).
9.16.040 Reckless endangerment.
The following section of the Revised Code of
Washington (RCW), and any amendment thereto,
is adopted by reference as a portion of the criminal
code of the city as if fully set forth in this chapter:
RCW 9A.36.050. (Ord. 1942 § 4, 2004; Ord. 1724
§ 9, 1998).
9.16.050 Harassment.
The following section of the Revised Code of
Washington (RCW), and any amendments thereto,
is adopted by reference as a portion of the criminal
code of the city as if fully set forth in this chapter:
RCW 9A.46.020. (Ord. 1890 § 11, 2003; Ord.
1724 § 9, 1998).
9.16.060 Telephone harassment.
The following section of the Revised Code of
Washington (RCW), and any amendments thereto,
is adopted by reference as a portion of the criminal
code of the city as if fully set forth in this chapter:
RCW 9.61.230. (Ord. 1890 § 12, 2003; Ord. 1724
§ 9, 1998).
9.16.070 Coercion.
The following sections of the Revised Code of
Washington (RCW), and any amendments thereto,
are hereby adopted by reference as a portion of the
criminal code of the city of Port Orchard as if fully
set forth herein: RCW 9A.36.070. (Ord. 1724 § 9,
1998).
9.16.080 Stalking.
The following sections of the Revised Code of
Washington (RCW), and any amendments thereto,
are adopted by reference as a portion of the crimi-
nal code of the city as if fully set forth in this chap-
ter: RCW 9A.46.110. (Ord. 1724 § 9, 1998).
9.16.090 Telephone harassment — Permitting
telephone to be used.
The following section of the Revised Code of
Washington (RCW), and any amendments thereto,
is adopted by reference as a portion of the criminal
code of the city as if fully set forth in this chapter:
RCW 9.61.240. (Ord. 1890 § 13, 2003).
(Revised 1/09) 9-10
Port Orchard Municipal Code
9.22.030
Chapter 9.22
ALARM SYSTEMS
Sections:
9.22.003
Definitions.
9.22.005
Alarms covered by this chapter.
9.22.010
Telephone number of person
authorized to turn off or reset alarm.
9.22.020
False alarms.
9.22.030
Charges for false alarms.
9.22.040
Violation — Penalty.
9.22.003 Definitions.
(1) "Alarm" means any signal (audible, visual,
electronic) intended to indicate to the operator at its
termination point that a burglary or attempted bur-
glary, robbery or attempted robbery, or fire is
occurring on the premises where the alarm system
is installed and that the summoning of an emer-
gency response agency is required. In the event of
a system that is self-contained on a premises, an
alarm is any signal (audible, visual, electronic)
intended to indicate to a person noting such signal
that an emergency response agency should be noti-
fied and summoned to the premises where the sig-
nal is located.
(2) "Burglar alarm" means any mechanical or
electronic system designed and installed for the
purposes of detecting unlawful entry or attempted
entry into a premises.
(3) "False alarm" means the activation of an
alarm or alarm system by other than a forced entry
or attempted forced entry to the premises and at a
time when no burglary, robbery or other felony is
being committed or attempted on the premises; or
the activation of a fire alarm by other than a forced
entry or attempted forced entry to the premises and
when there is no fire on or in the premises, whether
such alarm is manually activated, activated by the
presence of smoke or heat, or activated by the flow
of water through a fire -suppression system on the
premises; provided, however, a false alarm shall
not include the purposeful activation of an alarm in
order to test the alarm system when the police
department and fire department have been notified
in advance that the alarm system is going to be
tested at a time certain.
(4) "Fire alarm" means any mechanical or elec-
tronic system, however activated, intended to indi-
cate that there is a fire at a premises and that the
response of a fire department is required to the pre-
mises.
(5) "Robbery alarm" means any mechanical or
electronic system, however activated, installed to
indicate to an operator, at its termination point, that
a robbery or attempted robbery is in progress and
the emergency response of a law enforcement
agency is required at the premises where the rob-
bery or attempted robbery is taking place. (Ord.
1797 § 1, 2000).
9.22.005 Alarms covered by this chapter.
The provisions of this chapter shall apply to all
alarms and alarm systems installed on premises for
the purpose of summoning an emergency response
agency in the event of burglary, attempted bur-
glary, robbery, attempted robbery, or fire. (Ord.
1797 § 2, 2000).
9.22.010 Telephone number of person
authorized to turn off or reset alarm.
It is an infraction to have or maintain on any pre-
mises within the city any type of burglary, robbery,
or fire alarm or alarm system unless there is on file
with the Port Orchard police department a notice of
the telephone numbers of at least two persons
authorized to enter such premises and turn off such
alarm and who can be reached at all times. It is an
infraction for any person to fail to appear and turn
off any such alarm within one hour after being noti-
fied by the Port Orchard police department to do
so. (Ord. 1797 § 3, 2000).
9.22.020 False alarms.
It is unlawful to activate any alarm or alarm sys-
tem for the purpose of summoning any emergency
response agency except in the event of an actual or
attempted robbery, burglary, fire or other felony. It
is also unlawful for anyone notifying the police of
an activated alarm and having knowledge that such
activation was apparently caused by an electrical or
other alarm system malfunction to fail at the same
time to notify the police of such apparent malfunc-
tion. (Ord. 1797 § 4, 2000).
9.22.030 Charges for false alarms.
(1) In the case of a false alarm, the owner of the
business or residence upon which the alarm system
is located shall pay to the city treasurer the
response fee and provide the report set forth in this
section.
9-15 (Revised 1/09)
9.22.040
(2) In the case of a false alarm response to a
business or residence at which no other false alarm
has occurred in the previous 12-month period,
there will be no fee charged. Within seven calendar
days after the false alarm the owner of the business
or residence shall file a report with the chief of
police. The report shall be prepared on a form
available from the police department. The report
shall be completed in its entirety. The report, at a
minimum, shall contain the cause of such false
alarm, the corrective action taken, whether such
alarm has been inspected by an authorized service
technician, and such other information as the chief
of police may reasonably require to determine the
cause of such false alarm and corrective action nec-
essary. It is a civil infraction to fail to provide a
complete report within the seven-day period or to
take the corrective action within 10 days after the
false alarm.
(3) For each subsequent false alarm in a 12-
month period, the owner of the business or resi-
dence upon which the alarm system is located shall
be charged a response fee as an administrative
sanction. The response fee shall be $50.00 for the
second false alarm in a 12-month period, $100.00
for the third false alarm in a 12-month period, and
$150.00 for the fourth and all subsequent false
alarms in a 12-month period. The reporting
requirement of subsection (2) of this section shall
also apply to each false alarm. It is a civil infraction
to fail to provide a complete report within the
seven-day period or to take the corrective action
within 10 days after the false alarm.
(4) If the fees imposed in accordance with this
section are not paid to the city treasurer within 30
days from the date of billing, a penalty of five per-
cent shall be assessed for every 30 days payment is
delinquent. (Ord. 029-05 § 1; Ord. 1839 § 1, 2001;
Ord. 1797 § 5, 2000).
9.22.040 Violation — Penalty.
If a person is deemed to have committed an
infraction, as identified in this chapter, the court
shall have the authority to impose a civil penalty of
not more than $200.00. Any knowing violation of
any of this provisions of this chapter or knowingly
failing to comply with the requirements of this
chapter, except where identified as an infraction, is
a misdemeanor. (Ord. 1797 § 6, 2000).
Chapter 9.24
OFFENSES AGAINST PUBLIC ORDER
Sections:
9.24.010
Offenses in public.
9.24.020
Disorderly conduct.
9.24.030
Failure to disperse.
9.24.040
Disruption of school activities.
9.24.050
Public disturbance noises — Nuisances.
9.24.060
Aggressively begging.
9.24.070
Unlawful bus conduct.
9.24.080
Fighting in public.
9.24.010 Offenses in public.
(1) It is unlawful for a person in a public place
to:
(a) Refuse to pay the proper fare in a public
conveyance; or
(b) Expectorate upon the floor, walls, or fur-
niture of any public conveyance or public building.
(2) Violation of this section is a misdemeanor.
(Ord. 1724 § 12, 1998).
9.24.020 Disorderly conduct.
The following sections of the Revised Code of
Washington (RCW), and any amendments thereto,
are hereby adopted by reference as a portion of the
criminal code of the city of Port Orchard as if fully
set forth herein: RCW 9A.84.030. (Ord. 1724 § 12,
1998).
9.24.030 Failure to disperse.
The following sections of the Revised Code of
Washington (RCW), and any amendments thereto,
are hereby adopted by reference as a portion of the
criminal code of the city of Port Orchard as if fully
set forth herein: RCW 9A.84.020. (Ord. 1724 § 12,
1998).
9.24.040 Disruption of school activities.
(1) A person is guilty of disruption of school
activities if he or she comes into or remains in any
school building, classroom, or upon any school
ground, street, sidewalk or public way adjacent
thereto, without lawful reason, and intentionally
causes undue disruption of the activities of the
school.
(2) Disruption of school activities is a misde-
meanor. (Ord. 1724 § 12, 1998).
(Revised 1/09) 9-16
Port Orchard Municipal Code
9.24.050
9.24.050 Public disturbance noises —
Nuisances.
(1) It is unlawful for any person to cause, or for
any person in possession of property to allow to
originate from that property, sound that is a public
disturbance noise. The following sounds are deter-
mined to be public disturbance noises and consti-
tutes a nuisance to the public:
(a) The frequent, repetitive or continuous
sounding of a horn or siren attached to a motor
vehicle, except as provided in subsections (2) and
(3) of this section; or
(b) The creation of frequent, repetitive or
continuous sounds in connection with the starting,
operation, repair, rebuilding or testing of any motor
vehicle, motorcycle, off -highway vehicle, or inter-
nal combustion engine within a residential district
so as to unreasonably disturb or interfere with the
peace, comfort and repose of owners or possessors
of real property; or
(c) The operation of any mechanically pow-
ered saw, drill, grinder, blower, fan, garden tool, or
similar device, except as provided in subsection (3)
of this section; or
(d) The starting, operation or testing of con-
struction equipment, such as but not limited to
backhoes, excavators, chain saws, and bulldozers,
except as provided in subsection (3) of this section;
or
(e) Yelling, shouting, hooting, whistling or
singing on or near the public streets, particularly
between the hours of 11:00 p.m. and 7:00 a.m. or at
any time and place so as to unreasonably disturb or
interfere with the peace, comfort and repose of
owners or possessors of real property; or
(f) Frequent, repetitive or continuous noise
made by any animal which unreasonably disturbs
or interferes with peace, comfort and repose of
property owners or possessors, except that such
noise shall be exempt when originating from law-
fully operated animal shelters, kennels, pet shops,
veterinary clinics, and police service dogs; or
(g) The creation of frequent, repetitive, or
continuous sounds which emanate from any build-
ing, structure, apartment or condominium which
unreasonably disturbs or interferes with the peace,
comfort and repose of owners or possessors of real
property, such as sounds from musical instruments,
audio sound systems, band sessions or social gath-
erings, particularly after the hours of 11:00 p.m.
and before 7:00 a.m. or at any time and place so as
to unreasonably disturb or interfere with the peace,
comfort and repose of owners or possessors of real
property; unless so authorized by a special permit
issued by the city of Port Orchard; or
(h) Sound from motor vehicle audio sound
systems, such as tape players, radios and compact
disc players, operated at a volume as to be audible
greater than 50 feet from the vehicle itself; or
(i) Sound from portable audio equipment,
such as tape players, radios and compact disc play-
ers, operated at a volume as to be audible greater
than 50 feet from the source.
(2) The foregoing enumeration of acts and
noises shall not be construed as excluding other
acts and noises, which offend the public peace.
Noises exempt — at all times:
(a) Noise created by fire alarms being used
as such;
(b) Noise caused by the emergency repair or
routine maintenance of any public facility, utility,
or street;
(c) Noise created by emergency equipment
and vehicles necessary for law enforcement or for
the health, safety and welfare of the community,
when used for these purposes;
(d) Noise created by lawn care or similar
equipment used at any recognized golf course
facility for the preparation of the course for play,
where such preparation cannot reasonably be done
during daytime hours;
(e) Noise created by organized sporting
events held at any city -owned park;
(f) Noise created by warning devices, pro-
vided the devices do not operate continuously for
more than five minutes per incident;
(g) Noise created by safety and protective
devices, where noise suppression would defeat the
safety purpose of the device;
(h) Noise created by the legal discharge of
fireworks as provided in POMC 5.60.050;
(i) Noise created by the normal operation,
on public highways, of motor vehicles. Vehicles
operated in violation of Chapter 46.37 RCW or
POMC 10.84.040 shall be prosecuted in accor-
dance with the provisions of that chapter or ordi-
nance.
(3) Noises Exempt — Daytime Hours. The fol-
lowing noises shall be exempt from the provisions
of this chapter, during the hours of 7:00 a.m. to
9:00 p.m. Monday through Friday, and 8:00 a.m. to
9:00 p.m. on Saturday, Sunday, New Year's Day,
9-17 (Revised 1/09)
9.24.060
Martin Luther King Jr. Day, President's Day,
Memorial Day, Independence Day, Labor Day,
Veterans Day, Thanksgiving, and Christmas:
(a) Noise created by the discharge of fire-
arms on city police department authorized shooting
ranges, unless other hours, outside of those defined
in this section, are specifically approved by the
chief of police on a temporary basis;
(b) The starting, operation or testing of con-
struction equipment, unless other hours, outside of
those defined in this section, are specifically
approved by the city of Port Orchard public works
department;
(c) Noise created by powered equipment
used in temporary or periodic maintenance or
repair of property, including but not limited to
grounds and appurtenances, such as lawnmowers,
powered hand tools, and composters.
(4) Bells, Chimes or Carillons.
(a) The operation of bells, chimes or caril-
lons shall be exempt from the provisions of this
chapter, during the following hours, except no time
limit shall be imposed during holiday seasons:
Monday
through
Saturday and
Time of Year
Friday
Sunday
Day after Labor Day to
8:00 a.m. —
9:00 a.m. —
May 1 st
8:00 P.M.
8:00 P.M.
May 2nd to Labor Day
8:00 a.m. —
9:00 a.m. —
9:00 P.M.
9:00 P.M.
(b) Bells, chimes, or carillons shall not oper-
ate for more than 10 minutes in any one hour,
except during holiday seasons or when approved
by the city council for community events or special
activities.
(5) Enforcement. The chief of police of the Port
Orchard police department and all duly appointed
and commissioned police officers are authorized
and directed to administer and enforce the provi-
sions of this chapter.
(6) Penalty. Public disturbance noises is a civil
infraction punishable by a $250.00 fine. (Ord. 1937
§ 2, 2004; Ord. 1724 § 12, 1998).
9.24.060 Aggressively begging.
(1) It is unlawful for a person in a public place
to aggressively beg.
(2) The following definitions apply to this sec-
tion:
(a) "Aggressively beg" means to beg with
the intent to intimidate another person into giving
money or goods.
(b) "Intimidate" means to engage in threat-
ening conduct, which would make a reasonable
person fearful of harm to his or her person or prop-
erty.
(c) "Beg" means to ask for money or goods
as a charity, whether by words, bodily gestures,
signs or other means.
(d) "Public place" means an area generally
visible to public view and includes alleys, bridges,
buildings, driveways, parking lots, parks, plazas,
sidewalks and streets open to the public, including
those that serve food or drink or provide entertain-
ment, and the doorways and entrances to buildings
or dwellings and the grounds enclosing them.
(3) Aggressively begging is a misdemeanor,
punishable by a fine not to exceed $500.00 or by
imprisonment in jail for a term not to exceed 90
days, or by both such fine and imprisonment. (Ord.
1890 § 16, 2003; Ord. 1724 § 12, 1998).
9.24.070 Unlawful bus conduct.
RCW 9.91.025, and any amendments thereto,
are hereby adopted by reference as a portion of the
criminal code of the city of Port Orchard as if fully
set forth herein. (Ord. 1752 § 1, 1999).
9.24.080 Fighting in public.
(1) It is unlawful for any person to intentionally
fight with another person in a public place or to
incite or encourage others to fight in a public place.
(2) "Fight" means:
(a) A verbal altercation which tends to incite
an immediate breach of the peace; and/or
(b) A breach of the peace whether or not it is
preceded by a verbal altercation.
(3) "Verbal altercation" means an angry argu-
ment, quarrel, or disagreement that is reasonably
likely to provoke a belligerent response.
(4) "Breach of the peace" means a physical
altercation, battle, fray, combat, clash, skirmish,
punch, tussle, scuffle, shoving match, exchange of
blows, physical struggle for supremacy, brawl, fra-
cas, donnybrook, ruckus, and/or melee.
(5) "Public place," as used in this section, shall
have the same meaning as defined in POMC
9.20.010(6).
(Revised 1/09) 9-18
Port Orchard Municipal Code
9.24.080
(6) In any prosecution under subsection (1) of
this section, it is an affirmative defense that the
fight was duly licensed or authorized by law. The
burden of proving the affirmative defense that the
fight was duly licensed or authorized by law is
upon the person claiming the affirmative defense
by establishing the affirmative defense by a pre-
ponderance of the evidence.
(7) Fighting in public is a gross misdemeanor.
(Ord. 036-07 § 2).
9-18.1 (Revised 1/09)
This page left intentionally blank.
(Revised 1/09) 9-18.2
Port Orchard Municipal Code
9.34.010
9.32.070 Communication with minor for
immoral purposes.
The following section of the Revised Code of
Washington (RCW), and any amendments thereto,
is adopted by reference as a portion of the criminal
code of the city as if fully set forth in this chapter:
RCW 9.68A.090. (Ord. 1890 § 21, 2003).
9.32.080 Custodial interference in the second
degree.
The following section of the Revised Code of
Washington (RCW), and any amendments thereto,
is adopted by reference as a portion of the criminal
code of the city as if fully set forth in this chapter:
RCW 9A.40.070. (Ord. 1890 § 22, 2003).
9.32.090 Unlawful harboring of a minor.
The following section of the Revised Code of
Washington (RCW), and any amendments thereto,
is adopted by reference as a portion of the criminal
code of the city as if fully set forth in this chapter:
RCW 13.32A.080. (Ord. 1890 § 23, 2003).
Chapter 9.34
LITTERING
Sections:
9.34.010
Definitions.
9.34.020
Littering in public place.
9.34.030
Posting notices.
9.34.040
Placing handbills on vehicles.
9.34.050
Handbill distribution prohibited where
posted.
9.34.060
Distribution of handbills at private
premises.
9.34.070
Dangerous litter.
9.34.010 Definitions.
For the purpose of this chapter the following
terms, phrases, words and their derivations shall
have the meanings given herein:
(1) "Aircraft" is any contrivance now known or
hereafter invented, used, or designed for naviga-
tion or for flight in the air. The word "aircraft" shall
include, but is not limited to, helicopters and
lighter -than -air dirigibles and balloons.
(2) "Authorized receptacle" is a litter storage
and collection receptacle as authorized by the city
of Port Orchard.
(3) "Commercial handbill" is any printed or
written matter, sample or device, dodger, circular,
leaflet, pamphlet, paper, booklet, or any printed or
otherwise reproduced original or copies of any
matter of literature which:
(a) Advertises for sale any merchandise,
product, commodity, or thing; or
(b) Directs attention to any business or mer-
cantile or commercial establishment, or other
activity, for the purpose of either directly or indi-
rectly promoting thereof by sales; or
(c) Directs attention to or advertises any
meeting, theatrical performance, exhibition, or
event of any kind, for which an admission fee is
charged for the purposes of private gain or profit;
but the terms of this clause shall not apply where an
admission fee is charged or a collection is taken up
for purposes of defraying the expenses incident to
such meeting, theatrical performance, exhibition,
or event of any kind, when either of the same is
held, given or takes place in connection with the
dissemination of information which is not
restricted under the ordinary rules of decency,
good morals, public peace, safety and welfare; pro-
9-27 (Revised 1/09)
9.34.020
vided, that nothing contained in this clause shall be
deemed to authorize the holding, giving or taking
place of any meeting, theatrical performance, exhi-
bition, or event of any kind, without a license,
where such license is or may be required by law of
this state, or under any ordinance of this city; or
(d) While containing reading matter other
than advertising matter, is predominantly and
essentially an advertisement, and is distributed or
circulated for advertising purposes, or for the pri-
vate benefit and gain of any person so engaged as
advertiser or distributor.
(4) "Garbage" is putrescible animal and vegeta-
ble wastes resulting from the handling, prepara-
tion, cooking, and consumption of food.
(5) "Litter" is "garbage," "refuse," and "rub-
bish" as defined herein and all other waste material
which, if thrown or deposited as prohibited in this
chapter, tends to create a danger to public health,
safety, and welfare.
(6) "Newspaper" is any newspaper of general
circulation as defined by general law, any newspa-
per duly entered with the Post Office Department
of the United States, in accordance with federal
statute or regulation, and any newspaper filed and
recorded with any recording officer as provided by
general law; and in addition thereto, shall mean and
include any periodical or current magazine regu-
larly published with not less than four issues per
year, and sold to the public.
(7) "Noncommercial handbill' is any printed or
written matter, sample or device, dodger, circular,
leaflet, pamphlet, paper, booklet, or any printed or
otherwise reproduced original or copies of any
matter of literature not included in the definition of
a "commercial handbill' or "newspaper."
(8) "Private premises" is any house, building,
dwelling or other structure, designed or used either
wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously
uninhabited or vacant, and shall include any yard,
grounds, walk, driveway, porch, steps, vestibule or
mailbox belonging or appurtenant to such building,
house, dwelling or other structure.
(9) "Refuse" is all putrescible and nonputresci-
ble solid wastes (except body wastes), including
garbage, rubbish, ashes, street cleanings, dead ani-
mals, abandoned automobiles, and solid market
and industrial wastes.
(10) "Rubbish" is nonputrescible solid wastes
consisting of both combustible and noncombusti-
ble wastes such as paper, wrappings, cigarettes, tin
cans, yard clippings, wood, glass, bedding, crock-
ery, and similar materials.
(11) "Potentially dangerous litter" means litter
that is likely to injure a person or cause damage to
a vehicle or other property. "Potentially dangerous
litter" includes but is not limited to:
(a) Cigarettes, cigars, or other tobacco prod-
ucts that are capable of starting a fire;
(b) Glass;
(c) A container or other product made pre-
dominantly or entirely of glass;
(d) A hypodermic needle or other medical
instrument designed to cut or pierce;
(e) Raw human waste, including soiled baby
diapers, regardless of whether or not the waste is in
a container of any sort; and
(f) Nails or tacks. (Ord. 003-07 § 1; Ord.
1724 § 17, 1998).
9.34.020 Littering in public place.
(1) No person shall throw or deposit litter in or
upon any public place within the city except in
public receptacles or in authorized private recepta-
cles for collection.
(2) Persons placing litter in public receptacles
or authorized private receptacles shall do so in such
a manner as to prevent it from being carried or
deposited by the elements in or upon any public
place or private property.
(3) No person shall move any vehicle within the
city unless such vehicle is so constructed or loaded
as to prevent any litter from being blown or depos-
ited upon any public place.
(4) No person shall throw out, drop or deposit
within the city any litter, handbill, or any other
object.
(5) Littering in a public place is a misdemeanor.
(Ord. 1724 § 17, 1998).
9.34.030 Posting notices.
(1) No person shall post or affix any notice,
poster, or other paper or device, calculated to
attract the attention of the public, to any lamppost,
public utility pole, or upon any public structure or
building except as may be authorized or required
by law.
(Revised 1/09) 9-28
Port Orchard Municipal Code
9.34.070
(2) No person shall be prosecuted under this
section unless the violation occurred subsequent to
that person receiving actual notice that such con-
duct is criminal.
(3) Posting notices is a misdemeanor. (Ord.
1724 § 17, 1998).
9.34.040 Placing handbills on vehicles.
(1) No person shall deposit any commercial or
noncommercial handbill in or upon any vehicle
unless that person has been issued a license to dis-
tribute handbills pursuant to POW 5.52.100 and
has posted a bond pursuant to POW 5.52.110;
provided, however, that it is not unlawful in any
public place for a person to hand or distribute with-
out charge to the receiver thereof, a noncommer-
cial handbill to any occupant of a vehicle who is
willing to accept it.
(2) Placing handbills on vehicles is a misde-
meanor. (Ord. 1724 § 17, 1998).
9.34.050 Handbill distribution prohibited
where posted.
(1) No person shall deposit or distribute any
commercial or noncommercial handbill upon any
private premises, if required by anyone thereon not
to do so, or if there is placed on the premises in a
conspicuous position near the entrance thereof, a
sign bearing the words: "No Trespassing," "No
Peddlers or Agents," "No Advertisements", "No
Soliciting," or any other similar notice, indicating
in any manner that the occupants of the premises
do not desire to be molested or have their right of
privacy disturbed, or to have any such handbills
left upon such premises.
(2) Distribution of a handbill in violation of this
section is a misdemeanor. (Ord. 1724 § 17, 1998).
9.34.060 Distribution of handbills at private
premises.
(1) No person shall deposit or distribute any
commercial or noncommercial handbill in or upon
any private premises, except by handing or trans-
mitting such handbill directly to the owner, occu-
pant, or other person then present in or upon such
private premises, or by placing or depositing such
handbill as to secure them from being blown or
drifted about such premises or any public place.
(2) The provisions of this section shall not
apply to the distribution of mail by the United
States, nor to newspapers, except that newspapers
shall be placed on private property in such a man-
ner as to prevent their being carried or deposited by
the elements upon any private premises or public
place.
(3) Distribution of a handbill in violation of this
section is a misdemeanor. (Ord. 1724 § 17, 1998).
9.34.070 Dangerous litter.
It is a Class 1 civil infraction as provided in
RCW 7.80.120, as now or hereafter amended, for a
person to discard potentially dangerous litter. (Ord.
003-07 § 2).
9-29 (Revised 1/09)
9.36.010
Chapter 9.36
WEAPONS AND EXPLOSIVES
Sections:
9.36.010
Definitions.
9.36.020
Statutes adopted by reference.
9.36.030
Repealed.
9.36.040
Discharge of firearms prohibited.
9.36.050
Unlawful use of air gun.
9.36.010 Definitions.
(1) The following sections of the Revised Code
of Washington (RCW), and any amendments
thereto, are hereby adopted by reference as a por-
tion of the criminal code of the city of Port Orchard
as if fully set forth herein: RCW 9.41.010.
(2) "Aerosol tear gas personal protection
device" means a container for dispensing tear gas,
the active ingredient of which is either chlorace-
tophenone (CN) or O-chlorobenzylidene malonot-
rile (CS) within the range of .08% to 1.2% of the
net contents by volume, oleoresin capsicum, or
other nonlethal irritant or inflammatory agent,
which container has a net weight of 150 grams or
less.
(3) "Air gun" as used in this chapter means and
includes the following: air gun, air pistol, air rifle,
BB gun and toy gun of any kind or nature when so
designed, contrived, modified and used to propel,
by compressed air, gas or spring loaded plunger,
any pellet, dart, hard tipped arrow, bean, pea, BB,
rock or any other hard substance a distance of more
than 25 feet with sufficient force to break windows
or to inflict injury upon persons or animals.
(4) "Dangerous knife" means any fixed -blade
knife and any other knife having a blade of more
than three and one-half inches in length.
(5) "Fixed -blade knife" means any knife,
regardless of blade length, with a blade which is
permanently open and does not fold or retract or
slide into the handle of the knife, and includes, but
is not limited to, any dagger, sword, bayonet, bolo
knife, hatchet, axe, straight -edged razor, or razor
blade not in a package, dispenser or shaving appli-
ance.
(6) "Gas pen," "gas pencil," "gas bomb," and
"gas pistol" means any pen, pencil, bomb, pistol or
other device which is capable of containing and
emitting tear gas or any noxious liquid, gas or sub-
stance; provided, that this definition does not
include an aerosol personal protection device as
defined in subsection (1) of this section.
(7) "Switchblade knife" means any knife hav-
ing a blade that opens automatically by hand pres-
sure applied to a button, spring mechanism or other
device, or blade that opens, falls or ejects into posi-
tion by force of gravity or by an outward, down-
ward or centrifugal thrust or movement. (Ord. 1724
§ 18, 1998).
9.36.020 Statutes adopted by reference.
The following sections of the Revised Code of
Washington (RCW), and any amendments thereto,
are adopted by reference as a portion of the crimi-
nal code of the city as if fully set forth in this chap-
ter: RCW 9.41.050, 9.41.060, 9.41.070, 9.41.080,
9.41.090, 9.41.097, 9.41.098, 9.41.100, 9.41.110,
9.41.120, 9.41.140, 9.41.170, 9.41.230, 9.41.240,
9.41.250, 9.41.260, 9.41.270, 9.41.280, 9.41.300,
9.41.810. (Ord. 1890 § 24, 2003; Ord. 1724 § 18,
1998).
9.36.030 Unlawful use of weapons.
Repealed by Ord. 1890. (Ord. 1724 § 18, 1998).
9.36.040 Discharge of firearms prohibited.
It is unlawful for any person to willfully dis-
charge a firearm within the city limits of the city of
Port Orchard except by law enforcement officers
engaged in carrying out their official duties, a prop-
erly licensed rifle or pistol firing range, or individ-
uals exercising their right guaranteed by Article 1,
Section 24 of the State Constitution to bear arms in
defense of self or others. (Ord. 1929 § 1, 2004).
9.36.050 Unlawful use of air gun.
It is unlawful for any person to point or shoot an
air gun at any person or the property of another, or
to aim or discharge such weapon in the direction of
a person or the residence of another, while within
such range and with the intent to cause or inflict
injury to the person or damage to the property of
another. (Ord. 1929 § 2, 2004).
(Revised 1/09) 9-30
Port Orchard Municipal Code
9.44.020
Chapter 9.40
CLOSING AREA DURING CALAMITY
Sections:
9.40.010 Authorization.
9.40.010 Authorization.
Whenever a menace to the public health or
safety is created by a calamity such as a flood,
storm, fire, earthquake, explosion, accident, or
other condition creating a hazard, any peace officer
may close the area where the menace exists for the
duration thereof by means of ropes, markers,
guards, or other designations, to any and all per-
sons not authorized by such officer to enter or
remain within the closed area. Any person who
wilfully enters such area without authority or
remains within the area after notice to evacuate
shall be guilty of a misdemeanor. (Ord. 789 § 1,
1967).
Chapter 9.44
SMOKING PROHIBITED IN PUBLIC
PLACES AND PLACES OF EMPLOYMENT
Sections:
9.44.010
Purpose.
9.44.020
Definitions.
9.44.030
Smoking prohibited in public places or
places of employment.
9.44.040
Owners, lessees to post signs
prohibiting smoking.
9.44.050
Intent of chapter as applied to certain
private workplaces.
9.44.060
Intentional violation of chapter —
Removing, defacing, or destroying
required sign — Fine — Notice of
infraction — Exceptions.
9.44.070
Smoking prohibited within 25 feet of
public places or places of employment
— Application to modify presumptively
reasonable minimum distance.
9.44.080
Fines payable to city.
9.44.090
Private actions.
9.44.010 Purpose.
Exposure to secondhand smoke is known to
cause cancer in humans. Secondhand smoke is a
known cause of other diseases including pneumo-
nia, asthma, bronchitis, and heart disease. Citizens
are often exposed to secondhand smoke in the
workplace, and are likely to develop chronic,
potentially fatal diseases as a result of such expo-
sure. In order to protect the health and welfare of
all citizens, including workers in their places of
employment, it is necessary to prohibit smoking in
public places and workplaces. (Ord. 002-07 § 2).
9.44.020 Definitions.
As used in this chapter, the following terms have
the meanings indicated unless the context clearly
indicates otherwise:
(1) "Smoke" or "smoking" means the carrying
or smoking of any kind of lighted pipe, cigar, ciga-
rette, or any other lighted smoking equipment.
(2) "Public place" means that portion of any
building or vehicle used by and open to the public,
regardless of whether the building or vehicle is
owned in whole or in part by private persons or
entities, the state of Washington, or other public
entity, and regardless of whether a fee is charged
9-31 (Revised 1/09)
9.44.030
for admission, and includes a presumptively rea-
sonable minimum distance, as set forth in POMC
9.44.070, of 25 feet from entrances, exits, windows
that open, and ventilation intakes that serve an
enclosed area where smoking is prohibited. A
"public place" does not include a private residence
unless the private residence is used to provide
licensed child care, foster care, adult care, or other
similar social service care on the premises.
Public places include, but are not limited to:
schools, elevators, public conveyances or transpor-
tation facilities, museums, concert halls, theaters,
auditoriums, exhibition halls, indoor sports arenas,
hospitals, nursing homes, health care facilities or
clinics, enclosed shopping centers, retail stores,
retail service establishments, financial institutions,
educational facilities, ticket areas, public hearing
facilities, state legislative chambers and immedi-
ately adjacent hallways, public restrooms, librar-
ies, restaurants, waiting areas, lobbies, bars,
taverns, bowling alleys, skating rinks, casinos,
reception areas, and no less than 75 percent of the
sleeping quarters within a hotel or motel that are
rented to guests. A "public place" does not include
a private residence. This chapter is not intended to
restrict smoking in private facilities which are
occasionally open to the public except upon the
occasions when the facility is open to the public.
(3) "Place of employment" means any area
under the control of a public or private employer
which employees are required to pass through dur-
ing the course of employment, including, but not
limited to: entrances and exits to the places of
employment, and including a presumptively rea-
sonable minimum distance, as set forth in POMC
9.44.070, of 25 feet from entrances, exits, windows
that open, and ventilation intakes that serve an
enclosed area where smoking is prohibited; work
areas; restrooms; conference rooms and class-
rooms; break rooms and cafeterias; and other com-
mon areas. A private residence or home -based
business, unless used to provide licensed child
care, foster care, adult care, or other similar social
service care on the premises, is not a "place of
employment." (Ord. 002-07 § 2).
9.44.030 Smoking prohibited in public places
or places of employment.
No person may smoke in a public place or in any
place of employment. (Ord. 002-07 § 2).
9.44.040 Owners, lessees to post signs
prohibiting smoking.
Owners or, in the case of a leased or rented
space, the lessee or other person in charge of a
place regulated under this chapter shall prohibit
smoking in public places and places of employ-
ment and shall post signs prohibiting smoking as
appropriate under this chapter. Signs shall be
posted conspicuously at each building entrance. In
the case of retail stores and retail service establish-
ments, signs shall be posted conspicuously at each
entrance and in prominent locations throughout the
place. (Ord. 002-07 § 2).
9.44.050 Intent of chapter as applied to
certain private workplaces.
This chapter is not intended to regulate smoking
in a private enclosed workplace within a public
place, even though such workplace may be visited
by nonsmokers, excepting places in which smok-
ing is prohibited by the chief of the Washington
State Patrol, through the director of fire protection,
or by other law, ordinance, or regulation. (Ord.
002-07 § 2).
9.44.060 Intentional violation of chapter —
Removing, defacing, or destroying
required sign — Fine — Notice of
infraction — Exceptions.
(1) Any person intentionally violating this
chapter by smoking in a public place or place of
employment, or any person removing, defacing, or
destroying a sign required by this chapter, is sub-
ject to a civil fine of up to $100.00. Any person
passing by or through a public place while on a
public sidewalk or public right-of-way has not
intentionally violated this chapter. Local law
enforcement agencies shall enforce this section by
issuing a notice of infraction to be assessed in the
same manner as traffic infractions. The provisions
contained in Chapter 46.63 RCW for the disposi-
tion of traffic infractions apply to the disposition of
infractions for violation of this subsection, except
as follows:
(a) The provisions in Chapter 46.63 RCW
relating to the provision of records to the depart-
ment of licensing in accordance with RCW
46.20.270 are not applicable to this chapter; and
(b) The provisions in Chapter 46.63 RCW
relating to the imposition of sanctions against a
(Revised 1/09) 9-32
Port Orchard Municipal Code
9.44.090
person's driver's license or vehicle license are not
applicable to this chapter.
The form for the notice of infraction for a viola-
tion of this subsection shall be prescribed by rule of
the Supreme Court.
(2) When violations of POMC 9.44.040 occur,
a warning shall first be given to the owner or other
person in charge. Any subsequent violation is sub-
ject to a civil fine of up to $100.00. Each day upon
which a violation occurs or is permitted to continue
constitutes a separate violation.
(3) As provided in RCW 70.160.070, the Kitsap
County health district shall enforce POMC
9.44.040 regarding the duties of owners or persons
in control of public places and places of employ-
ment by either of the following actions:
(a) Serving notice requiring the correction
of any violation; or
(b) Calling upon the city attorney or Kitsap
County prosecutor or Kitsap County health district
attorney to maintain an action for an injunction to
enforce POMC 9.44.040, to correct a violation, and
to assess and recover a civil penalty for the viola-
tion. (Ord. 002-07 § 2).
9.44.070 Smoking prohibited within 25 feet of
public places or places of
employment — Application to modify
presumptively reasonable minimum
distance.
Smoking is prohibited within a presumptively
reasonable minimum distance of 25 feet from
entrances, exits, windows that open, and ventila-
tion intakes that serve an enclosed area where
smoking is prohibited, so as to ensure that tobacco
smoke does not enter the area through entrances,
exits, open windows, or other means. Owners,
operators, managers, employers, or other persons
who own or control a public place or place of
employment may seek to rebut the presumption
that 25 feet is a reasonable minimum distance by
making application to the director of the local
health department or district in which the public
place or place of employment is located. The pre-
sumption will be rebutted if the applicant can show
by clear and convincing evidence that, given the
unique circumstances presented by the location of
entrances, exits, windows that open, ventilation
intakes, or other factors, smoke will not infiltrate or
reach the entrances, exits, open windows, or venti-
lation intakes or enter into such public place or
place of employment and, therefore, the public
health and safety will be adequately protected by a
lesser distance. (Ord. 002-07 § 2).
9.44.080 Fines payable to city.
All fines or forfeitures collected upon enforce-
ment of this chapter shall be paid into the general
fund of the city of Port Orchard. (Ord. 002-07 § 2).
9.44.090 Private actions.
(1) This chapter shall not be construed to pro-
hibit private persons or organizations from bring-
ing an action to enjoin violations of this chapter,
nor shall it be construed to limit other actions in
any way.
(2) In undertaking enforcement of this chapter,
the city of Port Orchard is assuming and undertak-
ing only to promote the general welfare. The city of
Port Orchard is not assuming, nor is it imposing on
city personnel, an obligation for breach of which
the city or its personnel are liable in money dam-
ages. (Ord. 002-07 § 2).
9-32a (Revised 1/09)
9.46.005
Chapter 9.46
CITY -OWNED DOCKS AND PIERS
Sections:
9.46.005
Definitions.
9.46.010
Commercial activity — Prohibited —
Defined.
9.46.020
Moorage — Hours.
9.46.030
Moorage — 15-minute limit.
9.46.040
Exemptions.
9.46.050
Violation — Penalty.
9.46.060
Securing unauthorized vessels — Notice
— Claiming vessels — Abandoned
vessels.
9.46.070
Sale of abandoned vessels — Notice —
Redemption of vessels — Use of
proceeds — Disposal of vessels.
9.46.080
Action to recover charges — Attorneys'
fees — Costs.
9.46.090
Rights not affected.
9.46.100
Posting of regulations.
9.46.005 Definitions.
Unless the context clearly requires otherwise,
the definitions in this section apply throughout this
chapter.
(1) "Charges" means charges of the city for
moorage and storage, and all other charges related
to the vessel and owing to or that become owing to
the city, including but not limited to costs of secur-
ing, impounding, storing, disposing, or removing
vessels, damages to any city facility, and any costs
of sale, attorneys' fees, and related legal expenses
for implementing POMC 9.46.060 and 9.46.070.
(2) "City" means the city of Port Orchard.
(3) "City facility" means any property or facil-
ity owned, leased, operated, managed, or otherwise
controlled by the city or by a person pursuant to a
contract with the city, which are capable of use for
the moorage or launch of vessels.
(4) "Owner" means a person who has a lawful
right to possession of a vessel by purchase,
exchange, gift, lease, inheritance, or legal action
whether or not the vessel is subject to a security
interest, and shall not include the holder of a bona
fide security interest.
(5) "Person" means any natural person, firm,
partnership, corporation, association, organization,
or any other entity.
(6) "Lien holder of record" means:
(a) Any holder of a security interest or lien
recorded with the United States Department of
Transportation with respect to a vessel on which a
certificate of documentation has been issued;
(b) Any holder of a security interest identi-
fied in a certificate of title for a vessel registered
under Chapter 88.02 RCW; or
(c) Any holder of a security interest in a ves-
sel where the holder is identified in vessel registra-
tion information of a state with vessel registration
laws that fall within subsection (6)(b) of this sec-
tion and under which laws the city can readily
determine the identity of the holder.
(7) "Secured vessel" means any vessel that has
been secured by the city that remains in the city's
possession and control.
(8) "Unauthorized vessel" means a vessel using
a city facility of any type whose owner has not paid
the required moorage fees or has left the vessel
beyond the posted time limits, or is in violation of
POMC 9.46.010, or a vessel otherwise present
without permission of the city.
(9) "Vessel" means every watercraft or part
thereof constructed, used, or capable of being used
as a means of transportation on the water. It
includes any equipment or personal property on the
vessel that is used or capable of being used for the
operation, navigation, or maintenance of the ves-
sel. Vessel includes any trailer used for the trans-
portation of watercraft. (Ord. 1869 § 1, 2002).
9.46.010 Commercial activity — Prohibited —
Defined.
There shall be no commercial activity on the
DeKalb Street Pedestrian Pier or the Water Street
Boat Launch. Commercial activity is defined as,
but not limited to, loading or unloading cargo from
commercial fishing boats, repair of commercial
watercraft and repairing, maintaining or drying of
fishing nets, and loading or unloading commercial
cargo, to include logs or merchandise. (Ord. 1771
§ 1, 1999).
9.46.020 Moorage — Hours.
There shall be no moorage at the DeKalb Street
Pedestrian Pier between the hours of 11:00 p.m.
and 6:00 a.m. (Ord. 1771 § 2, 1999).
(Revised 1/09) 9-32b
Port Orchard Municipal Code
9.53.040
Chapter 9.48
INFORMATION ABOUT OFFENSES
AGAINST CITY PROPERTY
Sections:
9.48.010 Reward for information.
9.48.020 City employees exempted.
9.48.010 Reward for information.
There is authorized to be paid to any person who
furnishes to the city information leading to the
judicial identification or conviction of any person
who has wilfully or maliciously damaged, injured,
destroyed or removed without proper authority
municipal property in violation of ordinances of
the city a reward in the amount of $100.00. (Ord.
1010 § 1, 1977).
9.48.020 City employees exempted.
A single reward shall be payable in the sole dis-
cretion of the mayor to any one or more persons for
information with respect to a single occurrence as
hereinafter described, except that rewards shall not
be payable to any city employee while in the line of
duty. (Ord. 1010 § 2, 1977).
Chapter 9.53
DETENTION AND INCARCERATION
Sections:
9.53.010
County acceptance of city prisoners.
9.53.020
Notification of terms of confinement.
9.53.030
Payment of costs.
9.53.040
Operational standards of correctional
facility.
9.53.050
Provision of medical and dental
services.
9.53.060
Liability limitation.
9.53.070
Termination of agreement.
9.53.010 County acceptance of city prisoners.
The county shall accept from the city for deten-
tion and/or incarceration those adult persons
arrested by police officers of the city or committed
to terms of imprisonment by courts of the city; pro-
vided, the county shall not be obligated to accept
such persons if there is insufficient room in its cor-
rections facility. (Ord. 1161 § 1, 1981).
9.53.020 Notification of terms of confinement.
Upon presentation of an individual for confine-
ment or as soon thereafter as is practicable, the city
shall in writing advise the staff of the corrections
facility of the duration or other terms of confine-
ment of the given individual. (Ord. 1161 § 2,
1981).
9.53.030 Payment of costs.
The city shall pay the county a fee for each per-
son confined for each 24-hour period of confine-
ment or portion, thereof, according to the annual
contract. The county shall bill the city on a monthly
basis. The city shall remit upon such bills within 30
days of receipt. Bills not paid within 30 days shall
bear interest at 12 percent per year. (Ord. 1161 § 3,
1981).
9.53.040 Operational standards of
correctional facility.
The county shall operate its correctional facility
in accordance with the standards enunciated in
Chapter 70.48 RCW and WAC Title 289. (Ord.
1161 § 4, 1981).
9-33 (Revised 1/09)
9.53.050
9.53.050 Provision of medical and dental
services.
The county shall not be responsible for provid-
ing medical or dental services to individuals con-
fined pursuant to this agreement; provided, the
county shall provide emergency medical and den-
tal services and shall bill the city for the cost
thereof. Nonemergency medical or dental services
shall be the responsibility of the city. (Ord. 1161 §
5, 1981).
9.53.060 Liability limitation.
The city shall hold the county, agents, officers
and employees, harmless and shall defend against
any and all claims, lawsuits, judgments and costs
incurred or made against the county, its agents,
officers and employees, as a consequence of per-
formance of this agreement except those occa-
sioned solely by the negligence of the county.
(Ord. 1161 § 6, 1981).
9.53.070 Termination of agreement.
Either party has a right to terminate this agree-
ment by 90-day written notice to the other. Such
notice of termination shall also be transmitted to
the Washington State Jail Commission. (Ord. 1161
§ 7, 1981).
Chapter 9.54
INCARCERATION RATES
(Repealed by Ord. 009-07)
(Revised 1/09) 9-34
Port Orchard Municipal Code
9.55.020
Chapter 9.55
URINATING IN PUBLIC
Sections:
9.55.010 Urinating in public.
9.55.020 Violation — Penalty.
9.55.010 Urinating in public.
A person is guilty of urinating in public if he
intentionally urinates or defecates in a public place,
other than a washroom or toilet room, under cir-
cumstances where such act could be observed by
any member of the public. "Public place," as used
in this section, is defined in POW 9.20.010(6).
(Ord. 004-05 § 1).
9.55.020 Violation — Penalty.
Any person violating any of the provisions of
this chapter shall be guilty of a misdemeanor. (Ord.
004-05 § 1).
9-35
(Revised 1/09)
Chapters:
Title 10
VEHICLES AND TRAFFIC
Article I. Model Traffic Ordinance
10.04 Statutes Adopted
10.08 Speed Limits
10.12 Parking, Standing and Stopping
10.13 Parking of Commercial Vehicles
10.14 Residential Parking Permit System
10.16 Highway Access
10.18 Parking of Boats and Recreational Vehicles
10.20 Repealed
Article II. Miscellaneous Provisions
10.30
Bicycle Safety and Helmets
10.60
Fire Lanes
10.62
Weight Limits
10.66
Snow Route
10.72
Vehicle Impoundment
10.76
Parking Violators
10.80
Repealed
10.84
Miscellaneous Driving Provisions
10.86
Commute Trip Reduction
10.88
Boating Provisions
10.92
Junk Vehicles
10.96
RV Park Permit System
10-1 (Revised 1/09)
Port Orchard Municipal Code
10.08.020
Article I. Model Traffic Ordinance
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 is adopted by reference as
the traffic ordinance of the city of Port Orchard as
if set forth in full in this chapter. (Ord. 1605 § 1,
1994).
10.04.020 Additional provisions adopted.
The following sections of Washington Adminis-
trative 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 in
this chapter: RCW 46.20.710, 46.20.720,
46.20.730, 46.20.740 and Sections 4, 5, 6, 7, 10,
11, 12, and 23 of Chapter 275, Laws of 1994
known as the 1994 Omnibus Drunk Driving Act.
(Ord. 1605 § 2, 1994).
10.04.030 Sections not adopted.
The following sections of the Washington
Model Traffic Ordinance are not adopted by refer-
ence and are expressly deleted: WAC 308-330-
250, 308-330-275, 308-330-375, 308-330-500,
308-330-505, 308-330-510, 308-330-515, 308-
330-520, 308-330-525, 308-330-530, 308-330-
535, 308-330-540, 308-330-825, RCW 46.44.090,
46.44.091, 46.44.092, 46.44.093, 46.44.095,
46.44.096, 46.44.120, 46.44.130, 46.44.140. (Ord.
1605 § 3, 1994).
Chapter 10.08
SPEED LIMITS
Sections:
10.08.010 Decrease of speed limit.
10.08.020 Increase in speed limit.
10.08.010 Decrease of speed limit.
It is determined that on the basis of an engineer-
ing and traffic investigation pursuant to RCW
46.61.415, the speed permitted by state law on
streets and intersections may be decreased as
described by council resolution. Such decrease will
be effective upon posting of appropriate signs.
(Ord. 1479 § 1, 1989; Ord. 1167, 1981; Ord. 1152
§ 9, 1980).
10.08.020 Increase in speed limit.
It is determined that on the basis of an engineer-
ing and traffic investigation pursuant to RCW
46.61.415, the speed permitted by state law on city
streets and intersections may be increased as
described by council resolution. Such increase will
be effective upon posting of appropriate signs.
(Ord. 1479 § 2, 1989; Ord. 1459 § 1, 1989; Ord.
1405 § 1, 1987; Ord. 1396 § 1, 1987; Ord. 1377 §
1, 1987; Ord. 1333 § 1, 1986; Ord. 1257 § 1, 1984;
Ord. 1230 § 1, 1983; Ord. 1229 § 1, 1983; Ord.
1172 § 1, 1981; Ord. 1157 § 1, 1981; Ord. 1152 §
10, 1980).
10-3 (Revised 1/09)
10.12.010
Chapter 10.12
PARKING, STANDING AND STOPPING
Sections:
10.12.010
Definitions.
10.12.020
Public employees to obey traffic
regulations.
10.12.030
Police administration.
10.12.040
Duty of traffic division.
10.12.050
Owner of record presumed liable for
costs when vehicle abandoned —
Exception.
10.12.060
Required obedience to traffic
ordinance.
10.12.070
Traffic control devices required.
10.12.080
Parking prohibited and restricted.
10.12.090
Obedience to angle -parking signs or
markings.
10.12.100
Police car zones.
10.12.110
Violation of handicapped parking
permit.
10.12.120
Yellow curbs.
10.12.130
Parking not to obstruct traffic.
10.12.140
Special passes.
10.12.150
Expired registrations.
10.12.160
Parking for certain purposes unlawful.
10.12.170
Inoperable automobiles.
10.12.180
Obliterating tire markings.
10.12.190
Standing in passenger loading zone.
10.12.200
Standing in loading zone.
10.12.210
Standing in a tow -away zone.
10.12.220
Violating permits for loading or
unloading at an angle to the curb.
10.12.230
Standing or parking on one-way
roadways.
10.12.240
Standing, stopping, and parking of
buses and taxicabs regulated.
10.12.250
Restricted use of bus stops and taxicab
stands.
10.12.260
Right-of-way for parking.
10.12.270
Stopping, standing and parking.
10.12.280
Bicycles — Parking.
10.12.290
Disposition of traffic infractions.
10.12.300
Notice of traffic infractions.
10.12.310
Response to notice of traffic infractions
— Contesting determination — Hearing —
Failure to respond or appear.
10.12.320
Hearings — Rules of procedure —
Counsel.
10.12.330 Hearings —Contesting determination
that infraction committed — Appeal.
10.12.340
Hearings — Explanation of mitigating
circumstances.
10.12.350
Monetary penalties.
10.12.360
Order of court — Civil nature — Waiver,
reduction, suspension of penalty —
Community service in lieu of penalty.
10.12.370
Issue of process by court of limited
jurisdiction.
10.12.380
Costs and attorney's fees.
10.12.390
Attempting, aiding, abetting, coercing,
committing violations — Punishable.
10.12.400
General penalty.
10.12.410
Citation on illegally parked vehicle.
10.12.420
Presumption in reference to illegal
parking.
10.12.430
Penalties.
10.12.440
Payment due — Late fees.
10.12.450
Disposition of traffic fines and
forfeitures.
10.12.460
Official misconduct.
10.12.470
Habitual offenders.
10.12.475
Impoundment of vehicles with unpaid
tickets.
10.12.480
Uniformity of interpretation.
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 oper-
ating schedules or while waiting for, loading, or
unloading passengers; provided, that such bus pro-
vides regularly scheduled service within the juris-
diction of the local authority. (WAC 308-330-112)
(4) "Crosswalk" means the portion of the road-
way between the intersection area and a prolonga-
tion or connection of the farthest sidewalk line or
in the event there are no sidewalks then between
(Revised 1/09) 10-4
Port Orchard Municipal Code
10.12.010
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 Mon-
day 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 fourth day of July,
being the anniversary of the Declaration of Inde-
pendence; 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 holi-
day. 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 accor-
dance 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 over-
head 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 pas-
sengers. (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 exclu-
sive of the sidewalk area. (WAC 308-330-154)
(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)
(19) "School bus zone" means a designated
portion of the highway along the curb reserved for
loading and unloading school buses during desig-
nated hours. (WAC 308-330-169)
(20) "Service parking" means the use of a park-
ing meter space while rendering service in clean-
ing, painting, adjusting, or making minor repairs or
replacements in or to buildings or building equip-
ment 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 prop-
erty 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)
10-5 (Revised 1/09)
10.12.020
(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 compensa-
tion, 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)
(27) "Traffic division" means the traffic divi-
sion of the police department of the local authority,
or in the event a traffic division is not established,
then said term whenever used in this chapter shall
be deemed to refer to the police department of the
local authority. (WAC 308-330-187)
(28) "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 high-
way, excepting devices moved by human or animal
power or used exclusively upon stationary rails or
tracks. (RCW 46.04.670)
(29) "U-turn" means turning a vehicle so as to
proceed in the opposite direction on the same road-
way. (WAC 308-330-190) (Ord. 1650 § 2, 1996).
10.12.020 Public employees to obey traffic
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. (WAC 308-330-205) (Ord.
1650 § 3, 1996).
10.12.030 Police administration.
There is established in the police department of
the city of Port Orchard a traffic division employ-
ing parking enforcement officers under the control
of the chief of police. (Ord. 1959 § 2, 2004).
10.12.040 Duty of traffic division.
It shall be the duty of the traffic division, with
such aid as may be rendered by other members of
the police department, to enforce the parking,
standing, and stopping regulations of the city of
Port Orchard as set forth in this title. (Ord. 1959
§ 3, 2004).
10.12.050 Owner of record presumed liable for
costs when vehicle abandoned —
Exception.
(1) The abandonment of any vehicle or automo-
bile hulk shall constitute a prima facie presumption
that the last owner of record is responsible for such
abandonment and thus liable for any costs incurred
in removing, storing, and disposing of any aban-
doned vehicle.
(2) A registered owner transferring a vehicle
shall be relieved from personal liability under this
section if within five days of the transfer he/she
transmits to the department a seller's report of sale
on a form prescribed by the director. (WAC 308-
330-360) (Ord. 1650 § 6, 1996).
10.12.060 Required obedience to traffic
ordinance.
It is unlawful for any person to do any act for-
bidden or fail to perform any act required by this
chapter. (WAC 308-330-403) (Ord. 1650 § 7,
1996).
10.12.070 Traffic 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 traffic control devices are
required shall be effective unless official traffic
control devices are erected and in place at the time
of any alleged offense. (WAC 308-330-409) (Ord.
1650 § 8, 1996).
10.12.080 Parking prohibited and restricted.
(1) The city council may from time to time
establish parking prohibitions and restrictions on
city -owned or -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. A copy of such parking restric-
tions adopted by the city council, in the form in
(Revised 1/09) 10-6
Port Orchard Municipal Code
10.12.160
which they were adopted and suitably marked to
indicate amendments, additions, deletions or
exceptions, shall be authenticated and filed in the
office of the city clerk. In addition, copies thereof
shall be available for use and examination by the
public during regular business hours.
(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 traffic infraction.
(Ord. 018-05 § 1; Ord. 1650 § 9, 1996).
10.12.090 Obedience to angle -parking signs or
markings.
(1) Upon those highways which have been
signed or marked for angle -parking, no person
shall park or stand a vehicle other than at the angle
to the curb or edge of the roadway indicated by
such signs or markings. (WAC 308-330-430)
(2) Violation of this section is a Class A parking
infraction. (Ord. 1650 § 10, 1996).
10.12.100 Police car zones.
(1) When signs are erected by the city engineer
giving notice thereof, no person shall stop, stand,
or park a vehicle other than a police car or an park-
ing 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 unload-
ing 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 parking
infraction. (Ord. 1650 § 11, 1996).
10.12.110 Violation of handicapped parking
permit.
It is a parking infraction, with a monetary pen-
alty as provided for in RCW 46.16.381(10), 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 physi-
cally disabled persons without a special license
plate or placard issued pursuant to RCW 46.16.381
or 46.16.390. If a person is charged with a viola-
tion, 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.
(Ord. 1720 § 1, 1998; Ord. 1650 § 12, 1996).
10.12.120 Yellow curbs.
(1) Yellow painted curbs indicate no parking
zones. No person shall park a vehicle adjacent to a
painted yellow curb.
(2) Violation of this section is a Class A parking
infraction. (Ord. 1650 § 13, 1996).
10.12.130 Parking not to obstruct traffic.
(1) No person shall park a vehicle upon a high-
way in such a manner or under such conditions as
to leave available less than 10 feet of the width of
the roadway for free movement or vehicular traffic.
(2) No person shall stop, stand, or park a vehi-
cle within an alley in such position as to block the
driveway entrance to any abutting property. (WAC
308-330-433)
(3) Violation of this section is a Class A parking
infraction. (Ord. 1650 § 14, 1996).
10.12.140 Special passes.
(1) Motorists who are serving as jurors or wit-
nesses for municipal court, district court or supe-
rior court may be issued a juror's or witness's pass
from the court. This pass will be placed inside the
car and will allow the car to park in excess of the
posted time limitation on the city street. The juror
and/or witness pass shall be dated in order to be
valid and is limited to jurors and witnesses.
(2) The traffic division may issue special passes
to other motorists when the chief of police deter-
mines that there is a need for issuance. The special
pass will be placed inside the car and will allow the
car to park in excess of the posted time limitation
on the city street. The special pass shall be dated in
order to be valid and limited to only those people
who are granted approval by the chief of police.
Each pass shall be valid for only that amount of
time necessary to accomplish the motorist's need.
(Ord. 1959 § 4, 2004).
10.12.150 Expired registrations.
(1) No motor vehicle or trailer may park on city
right-of-way without license plates with current
registration tags attached to that license plate.
(2) Violation of this section is a Class B parking
infraction. (Ord. 1650 § 16, 1996).
10.12.160 Parking for certain purposes
unlawful.
(1) No person shall park any vehicle upon any
highway for the purpose of:
(a) Displaying advertising;
10-7 (Revised 1/09)
10.12.170
(b) Displaying such vehicle for sale;
(c) Selling merchandise from such vehicle,
except when authorized.
(2) No person shall park any vehicle upon any
roadway for the principle purpose of washing,
greasing, or repairing such vehicle except repairs
necessitated by an emergency. (WAC 308-330-
436)
(3) Violation of this section is a Class A parking
infraction. (Ord. 1650 § 17, 1996).
10.12.170 Inoperable automobiles.
(1) No motor vehicle that is inoperable for such
reasons as an inoperable engine, transmission fail-
ure, flat tire, missing windows, shattered wind-
shield 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 parking
infraction. (Ord. 1861 § 1, 2002; Ord. 1650 § 18,
1996).
10.12.180 Obliterating tire markings.
(1) It is unlawful to conceal, obliterate, or erase
markings on vehicle tires where said markings
were made by a parking enforcement officer for the
purpose of recording the period of time a vehicle is
stopped in a parking zone.
(2) Violation of this section is a Class A parking
infraction. (Ord. 1650 § 19, 1996).
10.12.190 Standing in passenger loading zone.
(1) No person shall stop, stand, or park a vehi-
cle for any purpose or period of time other than for
the expeditious loading or unloading of passengers
in any place marked as a passenger loading zone
during hours when the regulations applicable to the
loading zone are effective, and then only for a
period not to exceed three minutes. (WAC 308-
330-439)
(2) Violation of this section is a Class A parking
infraction. (Ord. 1650 § 20, 1996).
10.12.200 Standing in loading zone.
(1) No person shall stop, stand, or park a vehi-
cle 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 actu-
ally engaged in loading or unloading passengers
when such stopping does not interfere with any
vehicle which is waiting to enter or about to enter
such zone to load or unload property. (WAC 308-
330-442)
(3) Violation of this section is a Class A parking
infraction. (Ord. 1650 § 21, 1996).
10.12.210 Standing in a tow -away zone.
(1) No person shall stop, stand, or park a vehi-
cle in a place marked as a tow -away zone during
hours when the provisions applicable to such zone
are in effect. (WAC 308-330-445)
(2) Violation of this section is a Class A parking
infraction. (Ord. 1650 § 22, 1996).
10.12.220 Violating permits for loading or
unloading at an angle to the curb.
(1) It shall be unlawful for any permittee or
other person to violate any of the special terms or
conditions of any permit issued by the traffic divi-
sion 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 parking
infraction. (Ord. 1959 § 5, 2004).
10.12.230 Standing or parking on one-way
roadways.
(1) In the event a highway includes two or more
separate roadways, no person shall stand or park a
vehicle upon the left-hand side of such one-way
roadway unless signs are erected to permit such
standing or parking. (WAC 308-330-451)
(2) Violations of this section is a Class A park-
ing infraction. (Ord. 1650 § 24, 1996).
10.12.240 Standing, stopping, and parking of
buses and taxicabs regulated.
(1) The operator of a bus shall not stand or park
such vehicle upon any highway at any place other
(Revised 1/09) 10-8
Port Orchard Municipal Code
10.12.475
mits or directs others to violate any provisions of
this title is likewise guilty of such offense. (Ord.
1650 § 40, 1996).
10.12.400 General penalty.
It is a traffic infraction for any person to violate
any of the provisions of this title unless violation is
by this title or other law of this state declared to be
a felony, a gross misdemeanor, or a misdemeanor.
(Ord. 1650 § 41, 1996).
10.12.410 Citation on illegally parked vehicle.
Whenever any motor vehicle without driver is
found parked, standing, or stopped in violation of
this chapter, the 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 traffic citation. (WAC 308-330-720)
(Ord. 1650 § 42, 1996).
10.12.420 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 par-
ticular vehicle described in the complaint was stop-
ping, 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 vehi-
cle, shall constitute in evidence a prima facie pre-
sumption 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).
10.12.430 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).
10.12.440 Payment due — Late fees.
Penalties shall be paid within 15 calendar days
of the date of issuance of the infraction. If the pen-
alty is not paid within the 15 days and the infrac-
tion has not been contested, a late fee of an
additional $25.00 shall be charged for each notice
of infraction. (Ord. 1650 § 45, 1996).
10.12.450 Disposition of traffic fines and
forfeitures.
All fines or forfeitures collected upon a determi-
nation 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).
10.12.460 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, pro-
vided appropriate removal action is taken pursuant
to state law relating to removal of public officials.
(Ord. 1650 § 47, 1996).
10.12.470 Habitual offenders.
A person shall be guilty of being an habitual
offender when their vehicle received three or more
parking tickets within a calendar month. Every
month, the city shall review the record of infrac-
tions 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 an 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 parking
infraction. (Ord. 1650 § 48, 1996).
10.12.475 Impoundment of vehicles with
unpaid tickets.
When a vehicle is parked in a public right-of-
way or on other publicly owned or controlled prop-
erty in violation of any law, ordinance, or regula-
tion and there are four or more parking infractions
issued against the vehicle for each of which (1) a
10-13 (Revised 1/09)
10.12.480
person has failed to respond, failed to appear at a
requested hearing, or failed to pay an adjudicated
parking infraction, and (2) at least 45 days have
elapsed from the filing of the notice of infraction,
then the vehicle may be impounded pursuant to
Chapter 10.72 POMC without prior notice. The
registered owner of the vehicle shall be responsible
for payment of all towing and storage fees. The
vehicle shall not be released to any person until all
towing and storage fees and all penalties, fines or
forfeitures owed by the registered owner have been
satisfied. Any person seeking to redeem a vehicle
impounded under this section shall have a right to
a municipal court hearing pursuant to POMC
10.72.040(4). (Ord. 007-05 § 1).
10.12.480 Uniformity of interpretation.
This chapter shall be so interpreted and con-
strued 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).
Chapter 10.13
PARKING OF COMMERCIAL VEHICLES
Sections:
10.13.010
Definitions.
10.13.020
Parking of commercial vehicles
prohibited.
10.13.030
Exemptions.
10.13.040
Nonconforming uses.
10.13.050
Chain parking.
10.13.060
Violation — Penalty.
10.13.010 Definitions.
For the purpose of this chapter, the following
definitions shall apply unless the context for mean-
ing clearly indicates otherwise:
(1) "Bus" means every motor vehicle designed
for carrying more than 15 passengers and used for
transportation of persons, except a private carrier
bus.
(2) "Commercial vehicle" means any vehicle
the principal use of which is the transportation of
commodities, wood chips, refuse, merchandise,
produce, freight, animals, or passengers for hire, or
commercial equipment such as bulldozers, cranes
and similar construction equipment.
(3) "Motor truck" means any motor vehicle
designed or used for the transportation of commod-
ities, merchandise, produce, freight, or animals, but
does not include a pickup or light truck 10,000
pounds gross weight or less primarily used for
transportation purposes.
(4) "Private carrier bus" means every motor
vehicle designed for the purpose of carrying pas-
sengers used regularly to transport persons in fur-
therance of any organized agricultural, religious or
charitable purpose.
(5) "Semitrailer" includes every vehicle with-
out motive power designed to be drawn by a vehi-
cle, motor vehicle, or truck tractor and so
constructed that an appreciable part of its weight
and that of its load rests upon and is carried by such
other vehicle, motor vehicle, or truck tractor.
(6) "Trailer" includes every vehicle without
motive power designed for being drawn by or used
in conjunction with a motor vehicle constructed so
that no appreciable part of its weight rests upon or
is carried by such motor vehicle, but does not
include a municipal transit vehicle or recreational
vehicle.
(Revised 1/09) 10-14
Port Orchard Municipal Code
10.13.060
(7) "Tractor" means every motor vehicle de-
signed and used primarily for drawing other vehi-
cles and not so constructed as to carry a load other
than a part of the weight of the vehicle and load so
drawn.
(8) "Truck tractor" means every motor vehicle
designed and used primarily for drawing other
vehicles but so constructed as to permit carrying a
load in addition to part of the weight of the vehicle
and load so drawn. (Ord. 1862 § 2, 2002).
10.13.020 Parking of commercial vehicles
prohibited.
It shall be unlawful for any person to park, store,
or keep any commercial vehicle over 10,000
pounds gross vehicle weight, bus, motor truck,
semitrailer, trailer, tractor, or truck tractor on any
private property in a residential or mixed -use zone,
or on any public street, avenue, alley, or other thor-
oughfare, or any right-of-way in any residential or
mixed -use zone in the city of Port Orchard for a
period in excess of 72 hours. (Ord. 1862 § 3, 2002).
10.13.030 Exemptions.
The restrictions of POW 10.13.020 and
10.13.050 shall not apply to:
(1) The temporary parking of such vehicles or
equipment on private property, or on a public
street, avenue, alley, or other public thoroughfare
adjacent to said property in a residential or mixed -
use zone, whereon construction is underway, for
which a current and valid building permit has been
issued by the city of Port Orchard and said permit
is properly displayed on the premises; or whereon
construction not requiring a building permit (e.g.,
landscaping) is underway and for which the city
has not issued a temporary parking permit.
(2) Vehicles, whether or not operative, which
are stored or kept entirely within a garage or acces-
sory building which meets all applicable laws and
codes of the city of Port Orchard.
(3) Recreational or utility vehicles defined as
travel trailers, folding tent trailers, motor homes,
truck campers, horse trailers, boat trailers, lawn
mowers and utility trailers. (Ord. 1862 § 4, 2002).
10.13.040 Nonconforming uses.
(1) Vehicles parked, stored or kept on residen-
tial or mixed -use zoned property on the date of
adoption of the ordinance codified in this chapter,
which do not conform to the specific provisions of
this chapter, shall be deemed to be legal noncon-
forming uses which are exempt from the provisions
of this chapter only on the following conditions:
(a) The vehicle was lawfully on the property
in full compliance with all codes, which were then
applicable; and
(b) The vehicle does not endanger the public
health, safety, or welfare.
(2) The nonconforming use may continue for a
period of 120 days from the date of adoption of the
ordinance codified in this chapter. At the expiration
of the 120-day period, the owner shall at his/her
expense either remove the vehicles or otherwise
bring them into compliance with the requirements
and standards of this chapter. (Ord. 1862 § 5, 2002).
10.13.050 Chain parking.
It shall be unlawful for any person to move and
repark a parked bus, motor truck, semitrailer,
trailer, tractor, or truck tractor, or any commercial
vehicle over 10,000 pounds gross vehicle weight
within two blocks of the original parking space in
order to avoid a parking time limit regulation. For
purposes of this section, a block shall be defined as
a city street or alley section located between con-
secutive intersections. (Ord. 1862 § 6, 2002).
10.13.060 Violation — Penalty.
Violation of any of the provisions of this chapter
constitutes a civil infraction not to exceed $250.00
per day per violation. (Ord. 1862 § 7, 2002).
10-15 (Revised 1/09)
10.14.010
Chapter 10.14
RESIDENTIAL PARKING
PERMIT SYSTEM
Sections:
10.14.010
Purpose.
10.14.020
Definitions.
10.14.030
Residential parking permits.
10.14.040
Other parking permits.
10.14.050
Community event parking permit.
10.14.060
Permit parking privileges.
10.14.070
Permit — Revocation.
10.14.080
Violation — Penalty.
10.14.010 Purpose.
The purpose of this chapter is to establish a res-
idential parking permit system to facilitate resi-
dents parking on public streets near their homes and
to further authorize the city clerk or his designee to
issue parking permits as specified in this chapter.
(Ord. 1427 § 2, 1988).
10.14.020 Definitions.
(1) "Community event permit" means a one -
day permit validated and issued by the city for par-
ticipants of a public community event held in a res-
idential neighborhood, such as a civic, church or
school meeting or conference.
(2) "Commuter vehicle" means a licensed vehi-
cle parked in a residential area which is not owned
or leased by a resident of that residential area.
Vehicles that weigh 10,000 pounds or more are not
considered commuter vehicles for the purpose of
this chapter.
(3) "Guest permit' means a 14-day permit vali-
dated and issued by the city for the vehicle of a per-
son visiting a resident who is eligible for a
residential parking permit.
(4) "Residential area" means an area contigu-
ous to a public right-of-way which is zoned resi-
dential R-4.5, R-8, R-12, or R-20.
(5) "Residential parking permit' means the
parking permit validated and issued by the city
allowing a resident to park within one block of
their residence with privileges as specified in this
chapter.
(6) "Residential vehicle" means a licensed
vehicle parked in a residential area which is owned
or leased by a resident of that residential area. The
term shall not include commercial vehicles, boats,
trailers, or recreational vehicles.
(7) "Bed and breakfast parking permit" means a
parking permit issued by the city to accommodate
on -street parking for registered guests of permitted
bed and breakfast facilities, as defined by the city
zoning code. (Ord. 011-07 § 3; Ord. 1928 § 1,
2004; Ord. 1427 § 3, 1988).
10.14.030 Residential parking permits.
(1) The city clerk or designee shall develop
written procedures to issue and enforce residential
parking permits, in accordance with the following
guidelines:
(a) Eligible recipients for a residential park-
ing permit shall be persons residing in residential
parking permit areas designated by council action
in the form of a resolution.
(b) There shall be no fee for the permit. The
permit shall be valid as long as the same owner
retains ownership of that residential vehicle for
which the permit was issued and that owner resides
in the residential area. Permits are renewable in
five-year intervals.
(c) The residential parking program is lim-
ited to residential vehicles.
(2) The city clerk or designee shall determine
eligibility for a residential parking permit. Eligibil-
ity is established by a person or persons complying
with the following:
(a) That person owns or leases the residen-
tial vehicle;
(b) That person resides in a residential area
which is identified by the council as being affected
by commuter vehicles and designated as a residen-
tial parking permit area;
(c) The vehicle is operable. (Ord. 1928 § 2,
2004; Ord. 1427 § 4, 1988).
10.14.040 Other parking permits.
The city clerk or designee is authorized to issue
the following permits:
(1) Guest parking permits shall be available for
vehicles of guests of persons residing in a residen-
tial permit parking area. The vehicle must be
owned or leased by the guest and licensed and
operable. Guest parking permits shall not be issued
(Revised 1/09) 10-16
Port Orchard Municipal Code
10.14.070
for commercial vehicles, boats or trailers. This per-
mit shall be valid for a 14-day period. There shall
be no fee for a guest parking permit.
(2) Temporary parking permits shall be avail-
able for cars, pick-up trucks, or similar vehicles.
Boats, boat trailers, and recreational vehicles that
are being loaded or unloaded may be issued a tem-
porary parking pass. A temporary parking pass is
restricted to a specific site, is valid only for a 24-
hour period, and will allow the vehicle to park in
excess of the time limits posted on the street. No
vehicle can be issued more than two temporary
parking passes in a seven -consecutive -day period,
and not more than four in a 30-day period.
(3) Subject to the provisions of the city's park-
ing requirements as contained in the city's zoning
code, up to three bed and breakfast parking permits
shall be available for vehicles of registered guests
of a bed and breakfast facility during their stay.
The permit shall only be valid for on -street parking
within two blocks of the bed and breakfast facility.
The vehicle must be owned or leased by the guest
and licensed and operable. Bed and breakfast park-
ing permits shall not be issued for commercial
vehicles, boats, trailers or recreational vehicles.
Bed and breakfast parking permits must be dis-
played prominently in a window of the vehicle.
(Ord. 011-07 § 4; Ord. 1928 § 3, 2004; Ord. 1427
§ 5, 1988).
10.14.050 Community event parking permit.
Community event permits shall be available for
participants of a public community event, such as
school, civic or church meeting or conference
which is to be held in a residential neighborhood.
There shall be no fee for a community event per-
mit. The community event permit is to be issued
for a specific day and specific event. The organiz-
ers of a specific community event may apply for
community event permits on behalf of their partic-
ipants. (Ord. 1427 § 6, 1988).
10.14.060 Permit parking privileges.
(1) A vehicle on which is displayed a valid
parking permit as provided for herein shall be per-
mitted to be parked in the residential permit park-
ing area for which the permit has been issued
without being limited by the posted time limit. Said
vehicle shall not be exempt from parking restric-
tions or prohibitions established pursuant to
authority other than this chapter. All other motor
vehicles parked within a residential permit parking
area shall be subject to the posted time restrictions.
(2) A parking permit shall not guarantee or
reserve to the holder thereof an on -street parking
space within the designated residential permit
parking area. (Ord. 1427 § 7, 1988).
10.14.070 Permit — Revocation.
(1) The city clerk is authorized to revoke any
parking permit issued hereunder when the city
clerk determines that one or more of the following
circumstances has occurred:
(a) There was false or incorrect information
provided in the permit application.
(b) Eligibility criteria, such as vehicle
license, operability, ownership, or residence is no
longer met.
(c) The permit is being used for long-term
storage of a permitted vehicle. "Long-term stor-
age" is defined as failure of the vehicle to move
more than 1,000 feet within a 60-day period.
(d) The permitted vehicle is inoperable or
appears to be inoperable such as having a flat tire
for more than 48 hours, broken window glass, or
missing parts from the car.
(2) To revoke the permit, the city clerk shall
send by first class mail a notice to the permit holder
stating that the permit has been revoked and the
reason or reasons why the permit is revoked, along
with the appeal process as outlined in subsection
(3) of this section. The effective date of the revoca-
tion shall be 10 calendar days after the date of mail-
ing.
(3) The permit holder or an agent of the permit
holder may appeal this action to the city council by
submitting a written appeal to the city clerk within
five days of the effective date of the revocation.
Revocation shall be stayed pending the appeal.
(4) Upon revocation of the permit, the person
shall immediately remove such permit from the
vehicle. Failure to surrender a residential parking
permit so revoked shall constitute a misdemeanor
and shall be punishable as provided herein. (Ord.
1928 § 4, 2004; Ord. 1427 § 9, 1988).
10-16.1 (Revised 1/09)
10.14.080
10.14.080 Violation — Penalty.
(1) It is unlawful and a violation of this chapter
for a person to falsely represent himself as eligible
for a parking permit or to furnish false information
in an application therefor to the office of the city
clerk.
(2) It is unlawful and a violation of this chapter
for a person holding a valid parking permit issued
pursuant hereto to permit the use or display of such
permit on a motor vehicle other than that for which
the permit is issued. Such conduct shall constitute
an unlawful act and violation of this chapter both
by the person holding the valid parking permit and
the person who so uses or knowingly displays the
permit on a motor vehicle other than that for which
it is issued.
(3) It is unlawful and a violation of this chapter
for a person to copy, produce or otherwise bring
into existence a facsimile or counterfeit parking
permit. It shall further be unlawful and a violation
of this chapter for a person to knowingly use or dis-
play a facsimile or counterfeit parking permit in
order to evade time limitations on parking applica-
ble in a residential permit parking area. A violation
of this chapter shall constitute a misdemeanor.
Upon conviction, a person shall be punished by a
fine not exceeding $500.00. (Ord. 1427 § 8, 1988).
Chapter 10.16
HIGHWAY ACCESS
Sections:
10.16.010 State statute —Adopted.
10.16.020 WAC provisions — Adopted.
10.16.010 State statute — Adopted.
Chapter 47.50 RCW is adopted by reference to
provide for the regulation and control of vehicular
access and connection points of ingress to, and
egress from, the state highway system within the
incorporated areas of the city. (Ord. 1591, 1993).
10.16.020 WAC provisions — Adopted.
Pursuant to the requirements and authority of
Chapter 47.50 RCW, there is adopted by reference
the provisions of Chapters 468-51 and 468-52
WAC, together with all future amendments, in
order to implement the requirements of Chapter
47.50 RCW. (Ord. 1591, 1993).
(Revised 1/09) 10-16.2
Port Orchard Municipal Code
10.18.050
Chapter 10.18
PARKING OF BOATS AND
RECREATIONAL VEHICLES
Sections:
10.18.010
Definitions.
10.18.020
Parking of boats and recreational
vehicles in the public right-of-way.
10.18.030
Chain parking.
10.18.040
Exemptions.
10.18.050
Review of applications for exemption —
Conditions.
10.18.010 Definitions.
(1) "Boat" means any vessel or other craft used,
or capable of being used, as a means of transporta-
tion on the water. However, it does not include
kayaks, canoes, sailboards, or small rafts, or inner
tubes, air mattresses, flotation devices or other
devices customarily used by swimmers.
(2) "Boat trailer" means a trailer used, or capa-
ble of being used, as a means of transportation for
a boat.
(3) "Recreational vehicle" means a vehicular -
type unit primarily designed for recreational camp-
ing or travel use that has its own motive power or
is mounted on or towed by another vehicle. The
term includes travel trailers, fifth -wheel trailers,
folding camping trailers, truck campers, and motor
homes. (Ord. 040-08 § 6; Ord. 1899 § 2, 2003).
10.18.020 Parking of boats and recreational
vehicles in the public right-of-way.
(1) No person shall stop, stand, or park a boat,
boat trailer, or recreational vehicle in the public
right-of-way for more than 24 hours, except Satur-
days, Sundays, and holidays, unless specifically
approved by the city council. The following are
requirements for granting approval:
(a) Circumstances must be unique, excep-
tional, or extraordinary;
(b) Compliance would result in unnecessary
hardship; and
(c) Approval would not be injurious or det-
rimental to the public health, safety, or welfare.
(2) Violation of this section is a Class C parking
infraction.
(3) Boats, boat trailers, and recreational vehi-
cles that have been parked in the public right-of-
way for more than 24 hours, exclusive of Satur-
days, Sundays, and holidays, may be impounded
according to the procedure set forth in Chapter
10.72 POMC 24 hours after tagging with notifica-
tion of intent to impound for violation of this sec-
tion.
(4) This chapter does not allow a boat or recre-
ational vehicle to park in excess of posted time lim-
its. (Ord. 1899 § 3, 2003).
10.18.030 Chain parking.
It shall be unlawful for any person to move and
repark a boat, boat trailer or recreational vehicle
within two blocks of the original parking space in
order to avoid the parking time limit regulation.
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 parking infraction. (Ord.
1899 § 4, 2003).
10.18.040 Exemptions.
Requests for exemptions shall be submitted to
the city clerk's office on an approved application in
which the following information shall be provided:
(1) A description of the boat, boat trailer, or rec-
reational vehicle and its license number;
(2) The width of the pavement and width of the
right-of-way;
(3) Neighborhood considerations and a sup-
porting petition signed by the neighbors;
(4) A description showing where the proposed
parking is in regard to mailboxes, driveways, and
intersections;
(5) A statement describing how long the boat,
boat trailer, or recreational vehicle would be
parked on the right-of-way. (Ord. 040-08 § 4)
10.18.050 Review of applications for
exemption — Conditions.
(1) Exemption applications shall be reviewed
by the public property committee of the city coun-
cil based on the following factors:
(a) The exemption should be for a specific
boat, boat trailer, or recreational vehicle for a spe-
cific amount of time;
(b) The boat, boat trailer, or recreational
vehicle shall not infringe on traffic movement or
safety;
(c) Whether the neighborhood supports the
proposal to park a boat, boat trailer, or recreational
vehicle in the right-of-way;
10-16.3 (Revised 1/09)
10.18.050
(d) The parking of the boat, boat trailer, or
recreational vehicle shall not adversely affect
access to mailboxes and driveways, or impede
motorist sight distance;
(e) The boat, boat trailer, or recreational
vehicle shall be operational and not be refurbished
or repaired in the right-of-way.
(2) Based on the criteria set forth above, the
public property committee shall make a recom-
mendation to the city council for issuance or denial
of the exemption to park a boat, boat trailer, or rec-
reational vehicle in the public right-of-way.
(3) If the city council approves the exemption,
it may establish conditions of approval which
include but are not limited to the following:
(a) That the exemption may be revoked if
the information contained in the application is no
longer valid or the boat, boat trailer, or recreational
vehicle adversely affects access to mailboxes and
driveways, or traffic safety;
(b) That the exemption will automatically
terminate if the boat, boat trailer, or recreational
vehicle is sold or transferred to another person;
(c) That the exemption will automatically
terminate by a date specified, which in no event
shall exceed the period of time requested by the
applicant or three years, whichever is shorter;
and/or
(d) Any other conditions appropriate under
the circumstances to address impacts to the neigh-
borhood or right-of-way. (Ord. 040-08 § 5)
(Revised 1/09) 10-16.4
Port Orchard Municipal Code
10.30.080
passengers possess approved helmets of their own,
and offer proof thereof, for use with the bicycle,
skateboard, roller skates, or scooter.
(2) The rental papers (contract, agreement, or
receipt) must advise the person renting the bicycle,
skateboard, roller skates, or scooter of the helmet
requirements of this chapter.
(3) It is a defense to this section for a person
wearing an unapproved helmet that the helmet was
furnished in conjunction with his or her lease of a
bicycle, skateboard, roller skates, or scooter by a
person engaged in the business of renting bicycles,
skateboards, roller skates, or scooters, and that the
helmet was fastened securely while bicycling,
skateboarding, roller-skating, or riding a scooter.
(Ord. 1953 § 19 2004).
10.30.060 Helmet sales or rentals — Safety
standards.
No person shall sell, offer for sale, rent, or oth-
erwise provide in conjunction with the rental of a
bicycle, roller skates, scooter, or skateboard, a hel-
met that does not meet or exceed the safety stan-
dards set forth in this chapter. (Ord. 1953 § 1,
2004).
10.30.070 Penalties — Civil infraction.
Any person or organization violating any of the
provisions of this chapter shall have committed an
infraction and shall be liable for monetary penalties
as set forth in Chapter 7.80 RCW, not to exceed
$25.00 exclusive of statutory assessments. (Ord.
1953 § 1, 2004).
10.30.080 Enforcement/implementation.
(1) The Port Orchard police department shall be
responsible for enforcement of the provisions of
this chapter and is authorized to issue infractions to
persons who fail to comply with this chapter.
(2) In order to provide an effective means of
implementing a requirement for all persons riding
or using bicycles, roller skates, scooters, and skate-
boards and their passengers to wear helmets, the
Port Orchard police department is authorized to
work with other public and private agencies to
develop a program of helmet awareness designed
to promote use of helmets by all ages.
(3) In order to educate the public concerning
the provisions of this chapter, after the effective
date of the ordinance codified in this chapter, a vio-
lator may be issued a regular notice of civil infrac-
tion. However, if this is the first time a person has
been issued a notice of civil infraction for a viola-
tion of POW 10.30.030 and he or she appears in
person before the court and establishes that he or
she has obtained a bicycle helmet in order to com-
ply with said section, the court may dismiss the
notice of civil infraction without costs. (Ord. 1953
§ 1, 2004).
10-18a (Revised 1/09)
10.60.010
Chapter 10.60
FIRE LANES
Sections:
10.60.010 Definitions.
10.60.020 Location, construction and
identification.
10.60.030 Parking prohibited.
10.60.040 Fire lanes as part of driveways and/or
parking areas.
10.60.050 Existing buildings.
10.60.060 Enforcement.
10.60.070 Violation — Penalty.
10.60.080 Vehicle impound.
10.60.010 Definitions.
The following definitions shall apply in inter-
preting and enforcing this chapter:
(1) "Fire lane" means that area within any pub-
lic right-of-way, easement or private property, des-
ignated for the purpose of permitting fire trucks
and other firefighting or emergency equipment to
use, travel upon, or park;
(2) "Park," "parking," "stop" or "standing"
means halting a vehicle, other than an emergency
vehicle, whether occupied or not, except when nec-
essary to avoid conflict with other traffic or with
the directions of a police officer, fire official, traf-
fic -control sign or signal;
(3) "Vehicle" means a machine propelled by
power other than human power designed to travel
along the ground by use of wheels, treads, runners
or slides, and transport persons or property, or pull
machinery, and shall include, without limitations,
automobiles, trucks, trailers and tractors. (Ord.
1705 § 1, 1997).
10.60.020 Location, construction and
identification.
When required by the fire authority, hard -sur-
faced driving lanes shall be provided around facil-
ities which by their size, location, design or
contents warrant access which exceeds that nor-
mally provided by the proximity of city streets.
Specific standards are as follows:
(1) Lanes shall provide a minimum, unob-
structed continuous width and height of 12 feet.
(2) Lanes shall be identified by a four -inch -
wide line and block letters two feet high, painted in
the lane, at 50-foot intervals stating, "FIRE LANE
— NO PARKING," color to be bright yellow, or by
the posting of signs stating, "FIRE LANE — NO
PARKING." Signs shall be posted on or immedi-
ately next to the curbline, or on the building. Signs
shall be 12 inches by 18 inches and shall have let-
ters and background of contrasting colors, readily
readable from at least a 50-foot distance. Signs
shall be spaced not further than a 50 feet apart, nor
shall they be more than four feet from the ground.
(3) Fire lanes shall be either asphalt or rein-
forced concrete, two inches thick, minimum, or
when specifically authorized by the fire authority,
compacted crushed rock may be used.
(4) When fire lanes connect to city streets or
parking lots, adequate clearances and turning radii
shall be provided. All proposed plans must have
fire authority approval. (Ord. 1705 § 2, 1997).
10.60.030 Parking prohibited.
Except when necessary to avoid conflict with
other traffic, or with the direction of a police
officer, fire official, or traffic -control sign, signal
or device, no person shall:
(1) Stop, stand or park a vehicle or any other
object, whether occupied or not, at any place where
official fire lane signs are posted, except:
(a) Momentarily to pick up or discharge a
passenger or passengers; or
(b) Temporarily for the purpose of and
while actually engaged in loading property.
(2) The obstruction of a designated fire lane by
a parked vehicle or any other object is prohibited,
and shall constitute both a traffic and fire hazard as
defined in state law and an immediate hazard to life
and property. (Ord. 004-07 § 1; Ord. 1705 § 3,
1997).
10.60.040 Fire lanes as part of driveways
and/or parking areas.
The fire authority may require that areas speci-
fied for use as driveways or private thoroughfares
shall not be used for parking. These areas, when
specified, shall be marked or identified by one of
the two means detailed in POMC 10.60.020(2).
(Ord. 1705 § 4, 1997).
(Revised 1/09) 10-18b
Port Orchard Municipal Code
10.62.050
10.60.050 Existing buildings.
When the fire authority determines that a hazard
due to inaccessibility of fire apparatus exists
around existing buildings, they may require fire
lanes to be constructed and maintained as detailed
in POMC 10.60.020. (Ord. 1705 § 5, 1997).
10.60.060 Enforcement.
It shall be the joint duty of the police chief and
the fire authority and/or their authorized desig-
nee(s) to enforce this chapter as related POMC
10.60.030. It shall be the duty of the fire authority
or his authorized designee(s) to enforce the other
sections of this chapter. (Ord. 1705 § 6, 1997).
10.60.070 Violation — Penalty.
(1) Failure to comply with the provisions of this
chapter is a parking infraction subject to a mone-
tary penalty of $250.00.
(2) Any person who willfully fails or refuses to
comply with any police officer or firefighter who
has ordered or given direction to comply with the
provisions of this chapter shall be guilty of a mis-
demeanor in violation of RCW 46.61.015 as
adopted by POMC 10.04.010. (Ord. 004-07 § 2;
Ord. 1705 § 7, 1997).
10.60.080 Vehicle impound.
In accordance with Chapter 10.72 POMC, the
police department shall have the discretion to have
any vehicle or object which is obstructing a fire
lane towed at the owner's expense. The registered
owner of the vehicle shall be notified by the towing
company at his/her registered address. (Ord. 004-
07§3).
Chapter 10.62
WEIGHT LIMITS
Sections:
10.62.010 Generally.
10.62.020 Designated streets.
10.62.030 Exception.
10.62.040 Signs.
10.62.050 Violation — Penalty.
10.62.010 Generally.
The city council establishes that certain streets
within the city shall be designated with a weight
limit prohibiting vehicles in excess of 15,000
pounds licensed gross vehicle weight. (Ord. 1170 §
1, 1981; Ord. 1084 § 1, 1979).
10.62.020 Designated streets.
Certain streets within the city designated with
weight limit are as follows:
(1) Sidney Avenue between Bay Street and
Division Street;
(2) Cline Street between Kitsap Street and
Division Street;
(3) Rockwell Street between Morton Street and
Bay Street;
(4) Mitchell Avenue from Bay Street south to
city limits. (Ord. 1170 § 2, 1981; Ord. 1084 § 2,
1979).
10.62.030 Exception.
Vehicles with licensed gross vehicle weight in
excess of 15,000 pounds licensed gross vehicle
weight will be allowed for local service to residents
and places of business, other than the South Kitsap
Mall. (Ord. 1170 § 3, 1981).
10.62.040 Signs.
The prohibited access streets set forth in POMC
10.62.020 shall be posted on both sides with signs,
at least two signs to a block on each side indicating
substantially as follows: "WEIGHT LIMIT -NO
VEHICLES IN EXCESS OF 15,000 LICENSED
GROSS VEHICLE WEIGHT ALLOWED". (Ord.
1170 § 4, 1981; Ord. 1084 § 3, 1979).
10.62.050 Violation — Penalty.
Any person operating a vehicle in excess of the
designated weight limit shall be guilty of a misde-
meanor. (Ord. 1170 § 5,1981; Ord. 1084 § 3, 1979).
10-18c (Revised 1/09)
10.66.010
Chapter 10.66
SNOW ROUTE
Sections:
10.66.010
Established.
10.66.020
Signs posted.
10.66.030
Impounding vehicles.
10.66.040
Violation a misdemeanor.
10.66.010 Established.
A snow route is established in the city of Port
Orchard for use during periods of snow or ice, as
follows:
(1) Kitsap Street from Bay Street to Seattle
Avenue;
(2) Seattle Avenue from Kitsap Street to
Dwight Street;
(3) Dwight Street from Seattle Avenue to Har-
rison Avenue;
(4) Harrison Avenue from Dwight Street to
Division Street;
(5) Division Street from Harrison Avenue to
Sidney Avenue;
(6) Sidney Avenue from Division Street to
Melcher Street. (Ord. 1773 § 1, 1999).
10.66.020 Signs posted.
The aforesaid snow route shall be posted on both
sides of the street with signs, at least two signs to a
block, on each side of the street, indicating sub-
stantially as follows:
"NO PARKING DURING SNOW. VIOLATORS
WILL BE TOWED."
(Ord. 1773 § 2, 1999).
10.66.030 Impounding vehicles.
The police department of the city of Port
Orchard is hereby authorized to impound any vehi-
cle found parked on the aforesaid snow route dur-
ing periods of snow. The owner or operator of said
vehicle is required to pay all costs of impounding,
including towing and storage. (Ord. 1773 § 3,
1999).
10.66.040 Violation a misdemeanor.
Any person parking or leaving his/her vehicle
on the snow route during periods of snow shall be
guilty of a misdemeanor. (Ord. 1773 § 4, 1999).
Chapter 10.72
VEHICLE IMPOUNDMENT
Sections:
10.72.015 Adoption of applicable provisions of
Chapter 46.55 RCW.
10.72.025
Statute regarding impoundment of
vehicle of person patronizing a
prostitute.
10.72.030
Impoundment of vehicle where driver
is arrested for a violation of RCW
9.68A.100, 9A.88.110, 46.20.005,
46.20.015, 46.20.342, 46.20.345,
46.61.502, 46.61.504 — Period of
impoundment.
10.72.035
Authority to impound — Additional
situations.
10.72.040
Redemption of impounded vehicles.
10.72.050
Post -impoundment hearing procedure.
10.72.015 Adoption of applicable provisions of
Chapter 46.55 RCW.
The Washington Model Traffic Ordinance as
adopted by the city council of the city of Port
Orchard by Ordinance No. 1605, POMC
10.04.010, adopted by reference all applicable pro-
visions of Chapter 46.55 RCW, Towing and
Impoundment (WAC 308-330-406). Reference is
made to the adopted provisions of Chapter 46.55
RCW as if fully set forth herein. (Ord. 1804 § 1,
2000).
10.72.025 Statute regarding impoundment of
vehicle of person patronizing a
prostitute.
RCW 9A.88.140 is hereby adopted by refer-
ence. (Ord. 1804 § 2, 2000).
10.72.030 Impoundment of vehicle where
driver is arrested for a violation of
RCW 9.68A.100, 9A.88.110,
46.20.005, 46.20.015, 46.20.342,
46.20.345, 46.61.502, 46.61.504 —
Period of impoundment.
(1) Whenever the driver of a vehicle is arrested
or cited for a violation of RCW 46.20.005,
46.20.015, 46.20.342, 46.20.345, 46.61.502, or
46.61.504, the vehicle is subject to summary
impoundment, pursuant to the terms and condi-
tions of this chapter or state agency rule at the
(Revised 1/09) 10-18d
Port Orchard Municipal Code
10.72.040
direction of a police officer. Upon an arrest for a
suspected violation of either RCW 9.68A.100 or
9A.88.110 where a motor vehicle was used in the
commission of that crime, if the person has previ-
ously been convicted under either statute, the
police officer will impound the vehicle.
(2) When an arrest is made for a violation of
RCW 46.20.342, if the vehicle is a commercial
vehicle and the driver of the vehicle is not the
owner, before the summary impoundment directed
under subsection (1) of this section the police
officer shall attempt in a reasonable and timely
manner to contact the owner of the vehicle, and
may release the vehicle to the owner if the owner is
reasonably available, as long as the owner was not
in the vehicle at the time of the stop and arrest and
the owner has not received a prior release under
this subsection or RCW 46.55.120(a)(ii).
(3) Whenever the driver of a vehicle is arrested
or cited for a violation of RCW 46.20.005,
46.20.015, 46.30.345, 46.61.502, 46.61.504, or
46.20.342(1)(c) and the driver has not been con-
victed one or more times of a violation of RCW
46.20.342 or similar local ordinance within the past
five years, then the vehicle may be released as soon
as all the requirements of POMC 10.72.040 are sat-
isfied.
(4) If a vehicle is impounded because the driver
is arrested for a violation of RCW 46.20.342(1)(c)
and the Washington Department of Licensing's
records show that the driver has been convicted
one time of a violation of RCW 46.20.342 or simi-
lar local ordinance within the past five years, the
vehicle may be impounded for 15 days.
(5) If a vehicle is impounded because the driver
is arrested for a violation of RCW 46.20.342(1)(c)
and the Washington Department of Licensing's
records show that the driver has been convicted
two or more times of a violation of RCW 46.20.342
or similar local ordinance within the past five
years, the vehicle may be impounded for 30 days.
(6) If a vehicle is impounded because the driver
is arrested for a violation of RCW 46.20.342(1)(a)
or (b) and the Washington Department of Licens-
ing's records show that the driver has not been con-
victed of a violation of RCW 46.20.342(1)(a) or (b)
or similar local ordinance within the past five
years, the vehicle may be impounded for 30 days.
(7) If a vehicle is impounded because the driver
is arrested for a violation of RCW 46.20.342(1)(a)
or (b) and the Washington Department of Licens-
ing's records show that the driver has been con-
victed one time of a violation of RCW
46.20.342(1)(a) or (b) or similar local ordinance
once within the past five years, the vehicle may be
impounded for 60 days.
(8) If a vehicle is impounded because the driver
is arrested for a violation of RCW 46.20.342(1)(a)
or (b) and the Washington Department of Licens-
ing's records show that the driver has been con-
victed of a violation of RCW 46.20.342(1)(a) or (b)
or similar local ordinance two or more times within
the past five years, the vehicle may be impounded
for 90 days.
(9) If a vehicle is impounded because the driver
is arrested for a suspended repeat violation of
either RCW 9.68A.100 or 9A.88.110, the vehicle
may be impounded for up to 30 days. (Ord. 011-05
§ 1; Ord. 1915 § 1, 2003; Ord. 1804 § 3, 2000).
10.72.035 Authority to impound — Additional
situations.
In addition to the situations set forth in RCW
9A.88.140 and 46.55.113, a vehicle may be
impounded at the discretion of the law enforcement
officer, with or without citations and without giv-
ing prior notice to its owner, when the vehicle is
stopped, standing, or parked in violation of WAC
308-330-439, 308-330-442, 308-330-445, 308-
330-457, or POMC 10.60.030. (Ord. 1915 § 2,
2003; Ord. 1804 § 4, 2000).
10.72.040 Redemption of impounded vehicles.
Vehicles impounded by the city shall be
redeemed only under the following circumstances:
(1) Only the registered owner, a person autho-
rized by the registered owner, or one who has pur-
chased the vehicle from the registered owner, who
produces proof of ownership or authorization and
signs a receipt therefor, may redeem an impounded
vehicle. A person redeeming a vehicle impounded
pursuant to POMC 10.72.030 must, prior to
redemption, establish that he or she has a valid
driver's license, is in compliance with RCW
46.30.020 and has paid a $100.00 administrative
fee to the Port Orchard municipal court. A vehicle
impounded pursuant to POMC 10.72.030(4)
through (9) can be released only pursuant to a writ-
ten order from the court.
(2) Any person so redeeming a vehicle
impounded by the city shall pay the towing con-
tractor for costs of impoundment removal, towing
10-18.1 (Revised 1/09)
This page left intentionally blank.
(Revised 1/09) 10-18.2
Port Orchard Municipal Code
10.84.040
Chapter 10.80
TRAFFIC VIOLATIONS BUREAU
(Repealed by Ord. 010-07)
Chapter 10.84
MISCELLANEOUS DRIVING PROVISIONS
Sections:
10.84.040 Compression brakes prohibited.
10.84.040 Compression brakes prohibited.
(1) No person shall use motor vehicle brakes
commonly known as Jacobs or Jake brakes, which
are in any way activated or operated by unmuffled
compression of the engine of any such motor vehi-
cle or any unit or part thereof within the city limits.
(2) It shall be an affirmative defense to prosecu-
tion under this section that said unmuffled com-
pression brakes were applied in an emergency and
were necessary for the protection of persons and/or
property.
(3) Any person violating the provisions of this
section shall be deemed to have committed a traffic
infraction and shall be penalized an amount not to
exceed $50.00.
(4) The city personnel are authorized and
directed to post appropriate signs consistent with
the provisions of this section. (Ord. 1389, 1987).
10-21 (Revised 1/09)
10.86.020
Chapter 10.86
COMMUTE TRIP REDUCTION
Sections:
10.86.020
Definitions.
10.86.030
City of Port Orchard's CTR plan.
10.86.033
Commute trip reduction goals.
10.86.035
Commute trip reduction goals for
affected employees.
10.86.040
Responsible agency.
10.86.050
Applicability.
10.86.060
Notification of applicability.
10.86.070
Requirements for affected employers.
10.86.080
CTR zone, base year values and goals.
10.86.090
Credit for commute trip reduction
efforts.
10.86.100
CTR program review and annual
reports.
10.86.110
Extensions.
10.86.115
Implementation of employer's CTR
program.
10.86.120
Enforcement.
10.86.130
Violation — Penalty.
10.86.140
Adjudicative procedure.
10.86.150
Appeals.
10.86.020 Definitions.
The following definitions shall apply in the
interpretation and enforcement of this chapter:
(1) "Affected employee" means a full-time
employee who begins his or her regular work day
at a single worksite covered by the commute trip
reduction plan between 6:00 a.m. and 9:00 a.m.
(inclusive) on two or more weekdays per week for
at least 12 continuous months, who is not an inde-
pendent contractor. The following classifications
of employees are excluded from the definition of
affected employees:
(a) Seasonal agricultural employees, includ-
ing seasonal employees of processors of agricul-
tural products; and
(b) Employees of construction worksites
when the expected duration of the construction is
less than two years.
(2) "Affected employer" means a public or pri-
vate employer that employs 100 or more affected
employees.
(3) "Alternative commute mode" refers to any
means of commuting other than that in which the
single -occupant vehicle is the dominant mode.
Telecommuting and compressed work week
schedules are considered alternative commute
modes if they result in reducing commute trips.
(4) "Alternative work schedules" are programs
such as compressed work week schedules that
eliminate commute trips for affected employees.
(5) "Base year" means the 12-month period
which commences when a major employer is deter-
mined by the jurisdiction to be participating within
the CTR program. The city uses this 12-month
period as the basis upon which it develops com-
mute trip reduction goals.
(6) "Base year survey" or "baseline measure-
ment" means the survey, during the base year, of
employees at a major employer worksite to deter-
mine the drive -alone rate and vehicle miles trav-
eled per employee at the worksite. The city uses
this measurement to develop commute trip reduc-
tion goals for the major employer. The baseline
measurement must be implemented in a manner
that meets the requirements specified by the city.
(7) "Carpool" means any motor vehicle, includ-
ing a motorcycle, occupied by two to six people of
at least 16 years of age traveling together for their
commute trip that results in the reduction of a min-
imum of one motor vehicle commute trip.
(8) "Commute trips" means trips made from a
worker's home to a worksite (inclusive) on week-
days.
(9) "CTR" is the abbreviation of commute trip
reduction.
(10) "Commute trip reduction (CTR) goals"
means the goals established by the state CTR law
and the CTR board guidelines for affected employ-
ers.
(11) "Commute trip reduction (CTR) plan"
means the city's plan which is designed to achieve
reductions in the proportion of single -occupant
vehicle (SOV) commute trips and the commute trip
vehicle miles traveled (VMT) per affected employ-
ees of affected public and private sector employers
within the city.
(12) "Commute trip reduction (CTR) program"
means an employer's strategies to reduce employ-
ees' drive alone commutes and average VMT per
employee.
(13) "Commute Trip Reduction (CTR) Board
guidelines" means the official guidelines to Chap-
ter 70.94 RCW developed by the Washington State
Commute Trip Reduction Board (RCW
70.94.537).
(Revised 1/09) 10-22
Port Orchard Municipal Code
10.86.020
(14) "Commute trip reduction (CTR) zone"
means an area, such as a census tract or combina-
tion of census tracts, within the city, characterized
by similar employment density, population den-
sity, level of transit service, parking availability,
access to high -occupancy vehicle facilities, and
other factors that are determined to affect the level
of SOV commuting.
(15) "Commute trip vehicle miles traveled per
employee" means the sum of the individual vehicle
commute trip lengths in miles over a set period
divided by the number of full-time employees dur-
ing that period.
(16) "Commuter ride matching service" means
a system that assists in matching commuters for the
purpose of commuting together.
(17) "Compressed work week" means an alter-
native work schedule, in accordance with employer
policy, that regularly allows a full-time employee
to eliminate at least one work day every two weeks
by working longer hours during the remaining
days, resulting in fewer commute trips by the
employee. This definition is primarily intended to
include weekly and bi-weekly arrangements, the
most typical being four 10-hour days or 80 hours in
nine days, but may also include other arrange-
ments.
(18) "Custom bus/buspool" or "worker/driver
bus" means a commuter bus service arranged spe-
cifically to transport employees to work.
(19) "Day(s)" means calendar day(s).
(20) "Dominant mode" means the mode of
travel used for the greatest distance of a commute
trip.
(21) "Drive alone" means a motor vehicle
occupied by one employee for commute purposes,
including a motorcycle.
(22) "Drive alone trips" means commute trips
made by employees in single -occupant vehicles.
(23) "Effective date" means the date the initial
ordinance codified in this chapter was effective.
(24) "Employee transportation coordinator
(ETC)" means a person who is designated as
responsible for the development, implementation
and monitoring of an employer's CTR program.
(25) "Employer" means a sole proprietorship,
partnership, corporation, unincorporated associa-
tion, cooperative, joint venture, agency, depart-
ment, district or other individual or entity, whether
public, nonprofit or private, that employs workers.
(26) "Exemption" means a waiver from any or
all CTR program requirements granted to an
employer by Kitsap Transit based on unique condi-
tions that apply to the employer or employment
site.
(27) "Flex -time" is an employer policy allow-
ing individual employees some flexibility in
choosing the start and end time, but not the num-
ber, of their working hours to facilitate the use of
alternative commute modes.
(28) "Full-time employee" means a person,
other than an independent contractor, scheduled to
be employed on a continuous basis for 52 weeks
for an average of at least 35 hours per week.
(29) "Good faith effort" means that an
employer has met the minimum requirements iden-
tified in this chapter and in RCW 70.94.531, and is
working collaboratively with Kitsap Transit to
continue its existing CTR program or is developing
and implementing program modifications likely to
result in improvements to its CTR program over an
agreed -upon length of time.
(30) "Hearing examiner" means a member of
the Washington State Bar Association.
(31) "Implementation" or "implement" means
an active pursuit by an employer to achieve the
CTR goals of RCW 70.94.521 through 70.94.555
and this chapter, as evidenced by appointment of
an employee transportation coordinator (ETC),
distribution of information to employees regarding
alternatives to drive alone commuting, and com-
mencement of other measures according to its
approved CTR program and schedule.
(32) "Major employer" means a private or pub-
lic employer, including state agencies, that
employs 100 or more full-time employees at a sin-
gle worksite who are scheduled to begin their reg-
ular work day between 6:00 a.m. and 9:00 a.m. on
weekdays for at least 12 continuous months.
(33) "Major employer worksite" or "affected
employer worksite" or "worksite" means the phys-
ical location occupied by a major employer, as
determined by the local jurisdiction.
(34) "Major employment installation" means a
military base or federal reservation, excluding
tribal reservations, or other location as designated
by the city, at which there are 100 or more affected
employees.
10-23 (Revised 1/09)
10.86.030
(35) "Mode" refers to the means of transporta-
tion used by employees, such as single -occupant
vehicle, carpool, vanpool, transit, ferry, bicycle
and walking, compressed work week schedule and
telecommuting.
(36) "Newly affected employer" is an employer
that is not an affected employer upon the effective
date but becomes an affected employer subsequent
to said date.
(37) "Notice" means written communication
delivered via the United States Postal Service with
receipt deemed accepted three days following the
day on which the notice was deposited with the
Postal Service, unless the third day falls on a week-
end or legal holiday, in which case the notice is
deemed accepted the day after the weekend or legal
holiday.
(38) "Peak period" means the hours from 6:00
a.m. to 9:00 a.m. (inclusive), Monday through Fri-
day, except legal holidays.
(39) "Peak period trip" means any commute
trip that delivers the employee to begin his or her
regular workday between 6:00 a.m. and 9:00 a.m.
(inclusive), Monday through Friday, except legal
holidays.
(40) "Presiding officer" means a person or per-
sons designated by Kitsap Transit to hear and
determine a contested notice of civil infraction.
(41) "Proportion of drive alone trips" or "drive
alone rate" means the number of commute trips
over a set period made by employees in single -
occupancy vehicles divided by the number of
potential trips taken by employees working during
that period.
(42) "Ride matching service" means a system
which assists in matching commuters for the pur-
pose of commuting together.
(43) "Single -occupant vehicle (SOV)" means a
motor vehicle occupied by one employee for com-
mute purposes, including a motorcycle.
(44) "Single worksite" means a building or
group of buildings on physically contiguous par-
cels of land or on parcels separated solely by pri-
vate or public roadways or rights -of -way occupied
by one or more affected employers.
(45) "Teleworking" or "telecommuting" means
the use of telephones, computers, or other similar
technology to permit an employee to work at home,
eliminating a commute trip, or to work from a work
place closer to home, reducing the distance trav-
eled in a commute trip by at least half.
(46) "Transit" means a multiple -occupant vehi-
cle operated on a for -hire, shared -ride basis,
including bus, ferry, shared -ride taxi, shuttle bus,
worker/driver bus or vanpool.
(47) "Transportation demand management
(TDM)" means the use of strategies to reduce com-
mute trips made by single -occupant vehicles and
vehicle miles traveled (VMT) per employee.
(48) "Transportation management association
(TMA)" means a group of employers or an associ-
ation representing a group of employers in a
defined geographic area. A TMA may represent
employers within specific city limits or may have a
sphere of influence that extends beyond city limits.
(49) "Vanpool" means a vehicle occupied by
five to 15 people traveling together for their com-
mute trip, resulting in the reduction of a minimum
of one motor vehicle trip.
(50) "Vehicle miles traveled (VMT) per
employee" means the sum of the individual vehicle
commute trip lengths in miles made by affected
employees over a set period divided by the number
of affected employees during that period.
(51) "Week" means a seven-day calendar
period, starting on Monday and continuing through
Sunday.
(52) "Weekday" means any day of the week
except Saturday or Sunday.
(53) "Writing," "written," or "in writing"
means original signed and dated documents. Fac-
simile (fax) transmissions are a temporary notice of
action that must be followed via mail or delivery of
the original signed and dated document. (Ord. 014-
08 § 2; Ord. 1760 § 1, 1999).
10.86.030 City of Port Orchard's CTR plan.
The goals established for the jurisdiction and
affected employers in the city's commute trip
reduction plan set forth in Attachment A to the
ordinance codified in this chapter, copies of which
are available from the city clerk, is incorporated
herein by reference. City staff is directed to make
any corrections for typographical errors, include
any graphical materials for information, and com-
plete the commute trip reduction plan. (Ord. 014-
08 § 3; Ord. 1760 § 2, 1999).
10.86.033 Commute trip reduction goals.
The city's goals for reductions in the propor-
tions of drive alone commute trips and vehicle
miles traveled per employee by affected employers
(Revised 1/09) 10-24
Port Orchard Municipal Code
10.86.050
in the city's jurisdiction, major employment instal-
lations, and other areas designated by the city are
hereby established by the city's CTR plan incorpo-
rated by POMC 10.86.030. These goals establish
the desired level of performance for the CTR pro-
gram in its entirety in the city.
The city will set the individual worksite goals
for affected employers based on how the worksite
can contribute to the city's overall goals estab-
lished in the CTR plan. The goals will appear as a
component of the affected employer's approved
implementation plan outlined in POMC 10.86.070.
(Ord. 014-08 § 4).
10.86.035 Commute trip reduction goals for
affected employers.
(1) The drive alone and VMT goals for affected
employers in the city are hereby established as set
forth in the CTR plan incorporated by POMC
10.86.030.
(2) If the goals for an affected employer or
newly affected employer are not listed in the CTR
plan, they shall be established by the city at a level
designed to achieve the city's overall goals for the
jurisdiction and other areas as designated by the
city. The city shall provide written notification of
the goals for each affected employer worksite by
providing the information when the city reviews
the employer's proposed program and incorporat-
ing the goals into the program approval issued by
the city. (Ord. 014-08 § 5).
10.86.040 Responsible agency.
The city has determined that it is within the best
interest of the public to enter into an interlocal
agreement (pursuant to Chapter 39.34 RCW and
RCW 70.94.527) with Kitsap Transit, located at:
60 Washington Street, Suite 200, Bremerton,
Washington 98337, whereby Kitsap Transit will be
the agency responsible for implementing and
administering the city's CTR plan and this chapter.
(Ord. 014-08 § 6; Ord. 1760 § 3, 1999).
10.86.050 Applicability.
(1) Affected Employer. The provisions of this
chapter shall apply to all affected employers at any
single worksite within the incorporated areas of the
city.
(2) Change in Status as an Affected Employer.
Any of the following changes in an affected
employer's status may change the employer's CTR
program requirements:
(a) Becomes a Nonaffected Employer. If an
employer initially designated as an affected
employer no longer employs 100 or more affected
employees and expects not to employ 100 or more
affected employees for the next 12 months, that
employer is no longer considered an affected
employer. It is the responsibility of the employer to
notify Kitsap Transit, in writing, that it is no longer
an affected employer. The burden of proof lies with
the employer.
(b) Change in Status within 12 Months. If
the same employer returns to the level of 100 or
more affected employees within the same 12
months, that employer will be considered an
affected employer for the entire 12 months, and
will be subject to the same CTR program require-
ments as other affected employers. It is the respon-
sibility of the employer to notify Kitsap Transit, in
writing, that it has become an affected employer.
(c) Change in Status after 12 Months. If the
same employer returns to the level of 100 or more
affected employees 12 or more months after its
change in status to an unaffected employer, that
employer shall be treated as a newly affected
employer, and will be subject to the same CTR pro-
gram requirements as other newly affected
employers. It is the responsibility of the employer
to notify Kitsap Transit, in writing, that it has
become an affected employer.
(3) Newly Affected Employers.
(a) Reporting Date. Newly affected employ-
ers shall identify themselves to Kitsap Transit
within 90 days of becoming an affected employer
or moving into the boundaries of the city. Employ-
ers who do not identify themselves within 90 days
are in violation of this chapter.
(b) CTR Program Submittal. Newly
affected employers shall be given 90 days to per-
form a baseline measurement consistent with the
measurement requirements specified by Kitsap
Transit. Employers who do not perform a baseline
measurement within 90 days of receiving written
notification that they are subject to this chapter are
in violation of this chapter.
(c) Not more than 90 days after receiving
written notification of the results of the baseline
measurement, the newly affected employer shall
10-25 (Revised 1/09)
10.86.060
develop and submit a CTR program to the city. The
program will be developed in consultation with
Kitsap Transit to be consistent with the goals of the
CTR plan adopted in POMC 10.86.030. The pro-
gram shall be implemented not more than 90 days
after the approval by the city. Employers who do
not implement an approved CTR program accord-
ing to this schedule are in violation of this chapter
and subject to the penalties outlined in POMC
10.86.130.
(d) CTR Goals. Newly affected employers
shall have two years from the date of their CTR
program approval to meet the first CTR goal of 15
percent; four years from the date of their initial
CTR program approval to meet the second CTR
goal of 20 percent; six years from the date of their
initial CTR program approval to meet the third
CTR goal of 25 percent; and 12 years from the date
of their initial CTR program approval to meet the
fourth CTR goal of 35 percent. (Ord. 014-08 § 7;
Ord. 1760 § 4, 1999).
10.86.060 Notification of applicability.
(1) Publication of Notice. In addition to the
city's established public notification procedures
for adoption of a chapter or an amendment to a
chapter, a notice of the availability of a summary of
this chapter, a notice of the requirements and crite-
ria for affected employers to comply with this
chapter, and subsequent revisions shall be pub-
lished at least once in the city's official newspaper
within 30 days of the effective date of the initial
ordinance codified in this chapter or any amend-
ments hereto.
(2) Notice to Known Affected Employers.
Known affected employers located in the city of
Port Orchard shall receive written notification
from Kitsap Transit that they are subject to this
chapter. Kitsap Transit shall also send to all known
affected employers notice of any amendments to
this chapter. Such notices shall be by certified mail
or delivery, return receipt, addressed to the com-
pany's chief executive officer, senior official, CTR
program manager, or registered agent at the work -
site. Such notification shall provide 90 days for the
affected employer to perform a baseline measure-
ment consistent with the measurement require-
ments specified by Kitsap Transit.
(3) Self -Identification. Affected employers
who, for whatever reason, do not receive notifica-
tion within 30 days of the effective date of the ini-
tial ordinance codified in this chapter and are either
notified or identify themselves to Kitsap Transit
will be granted an extension to assure up to 90 days
within which to perform a baseline measurement
consistent with the measurement requirements
specified by Kitsap Transit.
(4) Affected employers that have not been iden-
tified or do not identify themselves within 90 days
of the effective date of the initial ordinance codi-
fied in this chapter and do not perform a baseline
measurement consistent with the measurement
requirements specified by Kitsap Transit within 90
days from the effective date of the initial ordinance
codified in this chapter are in violation of this chap-
ter.
(5) If an affected employer has already per-
formed a baseline measurement, or an alternative
acceptable to Kitsap Transit, under previous itera-
tions of this chapter, the employer is not required to
perform another baseline measurement. (Ord. 014-
08 § 8; Ord. 1760 § 59 1999).
10.86.070 Requirements for affected
employers.
(1) CTR Program Submittal Date. Except as
otherwise provided in this chapter, not more than
180 days from the effective date of the initial ordi-
nance codified in this chapter all affected public
and private employers within the city shall submit
a CTR program to Kitsap Transit.
(2) CTR Program Implementation Date. Except
as otherwise provided in this chapter, an affected
employer's CTR program shall be implemented
not more than 180 days from the date the CTR pro-
gram was initially submitted to Kitsap Transit for
approval.
(3) Mandatory CTR Program Elements. The
employer's CTR program must be designed to
achieve the CTR goals set forth in this chapter. The
employer shall make a good faith effort, as defined
in this chapter and in RCW 70.94.531, to develop
and implement a CTR program that will encourage
its employees to reduce VMT per employee and
SOV commute trips. At a minimum, an employer's
CTR program shall include the following ele-
ments:
(a) Site Description. A general description
of the employment site location, to include: level of
transit service, parking availability, access to high-
ways, and unique conditions experienced by the
(Revised 1/09) 10-26
Port Orchard Municipal Code
10.86.070
employer or its employees that might affect the
level of SOV commuting and VMT per employee.
(b) Employee Information. The total num-
ber of affected employees.
(c) Employee Transportation Coordinator.
The name of the employer's designated employee
transportation coordinator (ETC) to administer the
CTR program. The ETC's name, location, and tele-
phone number must be displayed physically or
electronically at each affected worksite. The ETC
shall oversee all elements of the employer's CTR
program and act as liaison between the employer
and Kitsap Transit. The objective is to have an
effective transportation coordinator presence at
each worksite; an affected employer with multiple
sites may have one ETC for all sites.
(d) Information Distribution. Information
about alternatives to drive alone commuting as
well as a summary of the employer's CTR program
shall be provided to employees at least once a year
and to new employees at the time of hire. The sum-
mary of the employer's CTR program shall also be
submitted to Kitsap Transit with the employer's
program description and regular report.
(e) Annual Progress Report. A commitment
to annually review employee commuting and
progress toward meeting the CTR goals. Affected
employers shall file an annual progress report with
Kitsap Transit. The annual report form shall be
provided by Kitsap Transit and shall be consistent
with the CTR board guidelines. Survey informa-
tion or approved alternative information must be
provided in the reports submitted in the second,
fourth, sixth, eighth, tenth, and twelfth years after
the program implementation begins.
(f) In addition to the baseline measurement,
employers shall conduct a program evaluation as a
means of determining worksite progress toward
meeting CTR goals. As part of the program evalu-
ation, the employer shall distribute and collect
commute trip reduction program employee ques-
tionnaires (surveys) at least once every two years,
and strive to achieve at least a 70 percent response
rate from employees at the worksite.
(g) Affected employers shall maintain a
copy of their approved CTR program description
and report, their CTR program employee question-
naire results, and all supporting documentation for
the descriptions and assertions made in any CTR
report to the Kitsap Transit for a minimum of 48
months. Kitsap Transit and the employer shall
agree on the record keeping requirements as part of
the accepted CTR program.
(h) Specific Measures. In addition to the
mandatory program elements described above, the
employer's CTR program shall include specific
measures to be implemented to meet the CTR
goals. These measures may include, but are not
limited to, one or more of the following:
(i) A provision for preferential parking
or reduced parking charges, or both, for high -occu-
pancy vehicles;
(ii) Instituting or increasing parking
charges for SOVs;
(iii) A provision for commuter ride -
matching services to facilitate employee ride -shar-
ing for commute trips;
(iv) A provision of subsidies for rail or
transit fares and/or transit passes;
(v) A provision for subsidies for transit
fares;
(vi) A provision of subsidies for walk-
ing, bicycling, teleworking, or compressed sched-
ules;
(vii) A provision for vans or buses for
use as vanpools or custom bus/buspools (Kitsap
Transit's worker/driver buses);
(viii) A provision of incentives for
employees that do not drive alone to work;
(ix) A provision for subsidies for car-
pools or vanpools;
(x) Permitting the use of the employer's
vehicles for carpooling or vanpooling;
(xi) Permitting flex -time to facilitate
employees' use of transit, carpools or vanpools;
(xii) Cooperation with transportation
providers to provide additional regular or express
service to the worksite;
(xiii) Construction of special loading and
unloading facilities for transit, carpool and vanpool
users;
(xiv) A provision for bicycle parking
facilities, lockers, changing areas and showers for
employees who bicycle or walk to work;
(xv) A provision for a program of park-
ing incentives such as a rebate for employees who
do not use the parking facilities;
(xvi) Establishment of a telecommuting
program to permit employees to work part- or full-
time at home or at an alternative worksite closer to
their homes;
10-27 (Revised 1/09)
10.86.080
(xvii) Establishment of a program of
alternative work schedules, such as a compressed
workweek, which reduce commuting;
(xviii) Establishment of a guaranteed
ride home program that would provide transporta-
tion home, in case of an emergency, to employees
who normally use an alternative commute mode;
and
(xix) Implementation of other measures
designed to facilitate the use of high -occupancy
vehicles, such as on -site day care facilities and
emergency taxi services.
(xx) Other measures that the employer
believes will reduce the number and length of com-
mute trips made to the site.
(4) Employers are encouraged to consider inno-
vative strategies and combine program elements in
a manner that will best suit their location, site char-
acteristics, business type, and employees' continu-
ing needs. Employers are further encouraged to
cooperate with each other to implement program
elements.
(5) Request for Modification of CTR Program
Elements. An affected employer may request a
modification of the CTR program elements. This
request must be in writing and delivered to Kitsap
Transit. Such request may be granted by Kitsap
Transit if one of the following conditions exists:
(a) Beyond Control. The affected employer
can demonstrate it would be unable to comply with
the CTR program element(s) for which the affected
employer seeks an exemption, for reasons beyond
the control of the employer; or
(b) Undue Hardship. The affected employer
can demonstrate that compliance with the CTR
program element(s) would constitute an undue
hardship.
Kitsap Transit may ask the employer to substi-
tute a program element of similar trip reduction
potential rather than grant the employer's request.
(6) Exemption from CTR Program.
(a) Exemption from All Requirements. An
affected employer may submit a request to Kitsap
Transit to grant an exemption from all CTR pro-
gram requirements or penalties for a particular
worksite. The employer must demonstrate that it
would experience undue hardship in complying
with the requirements of this chapter as a result of
the characteristics of its business, its work force, or
its location(s). An exemption may be granted if and
only if the affected employer demonstrates that it
faces extraordinary circumstances, such as bank-
ruptcy, and is unable to implement any measures
that could reduce the proportion of SOV trips and
VMT per employee. Exemptions may be granted
by Kitsap Transit at any time based on written
notice provided by the affected employer. The
notice should clearly explain the conditions for
which the affected employer is seeking an exemp-
tion from the requirements of the CTR program.
Kitsap Transit shall grant or deny the request
within 30 days of receipt of the request. Kitsap
Transit shall review annually all employers receiv-
ing exemptions and shall determine whether the
exemption will be in effect during the following
program year.
(b) Employee Exemptions. Specific
employees or groups of employees who are
required to drive alone to work as a condition of
employment may be exempted from a worksite's
CTR program. Exemptions may also be granted for
employees who work variable shifts throughout the
year and who do not rotate as a group to identical
shifts. Kitsap Transit will use the criteria identified
in the CTR board administrative guidelines to
assess the validity of employee exemption
requests. Kitsap Transit shall grant or deny the
request within 30 days of receipt of the request.
Kitsap Transit shall review annually all employee
exemption requests, and shall determine whether
the exemption will be in effect during the follow-
ing program year.
(c) Exemption for Variable -Shift Employ-
ees. An affected employer may submit a request to
Kitsap Transit to exempt specific employees who
work variable shifts throughout the year and who
do not rotate as a group to identical shifts. Kitsap
Transit will use the criteria identified in the CTR
board guidelines to assess the validity of employee
exemption requests. Kitsap Transit shall review
annually all employee exemption requests and
shall determine whether the exemption will be in
effect during the following program year. (Ord.
014-08 § 9; Ord. 1760 § 6, 1999).
10.86.080 CTR zone, base year values and
goals.
(1) CTR Zone and Values. The city authorizes
the board of commissioners of Kitsap Transit to, by
resolution, establish the CTR zone(s) boundaries
and the base year values for SOV rate and VMT per
employee within the CTR zone(s).
(Revised 1/09) 10-28
Port Orchard Municipal Code
10.86.100
(2) Percentage Reductions of SOVs and VMT
per Employee. The CTR goals for an affected
employer's CTR program shall be a reduction in
the proportion of SOV commute trips and VMT
per employee by the percentage set forth in the
CTR plan, from the base year values of the CTR
zone in which the affected employer is located. The
methods used to determine an affected employer's
SOV rate and VMT per employee shall be consis-
tent with the CTR board guidelines (RCW
70.94.537).
(3) Modification of CTR Program Goals. An
affected employer may request that Kitsap Transit
modify the employer's CTR goals. Such request
shall be filed in writing at least 60 days prior to the
date the worksite is required to submit its program
description and annual report. The goal modifica-
tion request must clearly explain why the worksite
is unable to achieve the applicable goal. The work -
site must also demonstrate that it has implemented
all the elements contained in its approved CTR
program. Kitsap Transit will review and grant or
deny requests for goal modifications in accordance
with procedures and criteria identified in the CTR
board guidelines. An employer may not request a
modification of the applicable goals until one year
after Kitsap Transit has approved the employer's
initial program description or annual report. (Ord.
014-08 § 10; Ord. 1760 § 7, 1999).
10.86.090 Credit for commute trip reduction
efforts.
(1) Credit for Programs Implemented Prior to
the Base Year. Employers with successful trans-
portation demand management (TDM) programs
implemented prior to the 1992 base year may be
eligible to receive a special one-time CTR program
exemption credit, which exempts them from most
CTR program requirements. Affected employers
wishing to receive this credit must apply to Kitsap
Transit within 90 days of the effective date of the
initial ordinance codified in this chapter. Applica-
tion shall include data from a survey of employees
or equivalent to establish the applicant's VMT per
employee and proportion of SOV commute trips.
The survey or equivalent data shall conform to all
applicable standards established in Chapter 2, Sec-
tion 7, of the state CTR guidelines. An affected
employer shall be considered to have met the 1995
CTR goals if their VMT per employee and propor-
tion of SOV commute trips are equivalent to a 12
percent or greater reduction from the base year
CTR zone values. These three percentage point
credits apply only to the 1995 CTR goals.
(2) Process to Apply for CTR Program Exemp-
tion Credit. Affected employers may apply for pro-
gram exemption credit for the results of past or
current CTR efforts by applying to Kitsap Transit
in their initial CTR program description or as part
of any other annual CTR progress report. Applica-
tion shall include results from a survey of employ-
ees, or equivalent information that establishes the
applicant's VMT per employee and proportion of
SOV commute trips. The survey or equivalent
information shall conform to all applicable stan-
dards established in Section 7 (Survey Guidelines)
of the CTR board guidelines. Employers that apply
for program exemption credit and whose VMT per
employee and proportion of SOV commute trips
are equal to or less than the CTR goals for one or
more future goal years, and commit in writing to
continue their current level of effort, shall be
exempt from the requirements of this chapter
except for the requirements to report performance
in 1995, 1997 and 1999. If any of these reports
indicate the employer does not satisfy the next
applicable CTR goal(s), the employer shall imme-
diately become subject to all requirements of this
chapter.
(3) Notice of Leadership Certificate. As public
recognition of their efforts, affected employers
who meet or exceed the CTR goals as set forth in
this chapter will receive a commute trip reduction
certificate of leadership from the city. A notice of
this certificate of leadership shall be published in
the official newspaper. (Ord. 014-08 § 11; Ord.
1760 § 8, 1999).
10.86.100 CTR program review and annual
reports.
(1) CTR Program Review.
(a) Approval. Kitsap Transit shall provide
the employer with written notification if the
employer's CTR program is deemed acceptable.
Such notification shall be by certified mail or
delivery, return receipt, addressed to the
employer's employee transportation coordinator.
If the employer receives no written notification of
extension of the review period or comment on the
CTR program within 90 days of submission, the
employer's CTR program or annual report shall be
deemed approved. Kitsap Transit may extend the
10-29 (Revised 1/09)
10.86.110
review period up to 90 days. The implementation
date for the employer's CTR program will be
extended an equivalent number of days.
(b) Conditional Approval. Kitsap Transit
may determine that an employer's CTR program is
approved on the condition that certain aspects of
the program be modified. In this case, Kitsap Tran-
sit shall notify the affected employer of the
required modifications. Such notification shall be
by certified mail or delivery, return receipt,
addressed to the affected employer's employee
transportation coordinator. Affected employers
will be given 30 days from the date of such notice
to submit a revised CTR program. Kitsap Transit
shall have 30 days from the date the revised CTR
program is received to accept or reject the revised
CTR program.
(c) Rejection. Kitsap Transit shall provide
the employer with written notification if the
employer's CTR program is deemed unacceptable
and therefore rejected. Such notification shall be
by certified mail or delivery, return receipt,
addressed to the affected employer's employee
transportation coordinator within 45 days of the
CTR program submittal date. The letter will spec-
ify the cause(s) for the rejection. Kitsap Transit
will schedule a meeting with the affected employer
within 21 days of the date of notice. During the
meeting, Kitsap Transit will provide technical
assistance to the affected employer. The affected
employer will be given 30 days from the date of the
meeting to submit a revised CTR program. Kitsap
Transit shall have 30 days to accept or reject the
revised CTR program.
(2) CTR Annual Progress Reports. At a mini-
mum, the employer's CTR program report and
description must include:
(a) A general description of the employment
site location, transportation characteristics,
employee parking availability, on -site amenities,
and surrounding services;
(b) The number of employees affected by
the CTR program and the total number of employ-
ees at the site;
(c) Documentation on compliance with the
mandatory CTR program elements as described in
POMC 10.86.070(3);
(d) Description of any additional elements
included in the employer's CTR program as
described in POMC 10.86.070(3); and
(e) A statement of organizational commit-
ment to provide appropriate resources to the pro-
gram to meet the employer's established goals.
(Ord. 014-08 § 12; Ord. 1760 § 9, 1999).
10.86.110 Extensions.
An affected employer may request from Kitsap
Transit additional time to submit a CTR program,
or CTR annual progress report, or to implement or
modify a CTR program. Such requests shall be
made in writing and delivered by certified mail to
Kitsap Transit no less than 30 days before the due
date for which the extension is being requested.
Extensions not to exceed 90 days may be consid-
ered for reasonable cause. Kitsap Transit shall
grant or deny the employer's extension request by
certified letter, return receipt within 15 days of
receiving the request. If there is no response issued
to the employer, an extension is automatically
granted for 30 days. Extensions shall not exempt an
employer from any responsibility in meeting the
CTR goals. Extensions granted due to delays or
difficulties with any CTR program element(s) shall
not be cause for discontinuing or failing to imple-
ment other program elements. An employer's
annual reporting date shall not be adjusted perma-
nently as a result of these extensions. An
employer's annual reporting date may be extended
at the discretion of Kitsap Transit. (Ord. 1760 § 10,
1999).
10.86.115 Implementation of employer's CTR
program.
Unless extensions are granted, the employer
shall implement its approved CTR program,
including approved program modifications, not
more than 90 days after receiving written notice
from Kitsap Transit that the program has been
approved or with the expiration of the program
review period, without receiving notice from Kit -
sap Transit. (Ord. 014-08 § 13).
10.86.120 Enforcement.
(1) Compliance. For purposes of this section,
"compliance" shall mean:
(a) Fully implementing in good faith all
mandatory program elements as well as provisions
in the approved CTR program description and
report;
(Revised 1/09) 10-30
Port Orchard Municipal Code
10.86.130
(b) Providing a complete CTR program
description and report on the regular reporting
date; and
(c) Distributing and collecting the CTR pro-
gram employee questionnaire during the scheduled
survey time period.
(2) Program Modification Criteria. The follow-
ing criteria for achieving goals for VMT per
employee and proportion of drive alone trips shall
be applied in determining requirements for
employer CTR program modifications:
(a) Achieves Either or Both Goals. If an
employer makes a good faith effort, as defined in
this chapter and in RCW 70.94.534(2), and meets
either or both the applicable SOV or VMT goals,
the employer has satisfied the objectives of the
CTR plan and will not be required to modify its
CTR program.
(b) Fails to Achieve Either Goal.
(i) With Good Faith Effort. If an
employer makes a good faith effort, as defined in
this chapter and in RCW 70.94.534(2), but has not
met or is not likely to meet the applicable SOV or
VMT goal, Kitsap Transit shall work collabora-
tively with the employer to make modifications to
its CTR program. After agreeing on modifications,
the employer shall submit a revised CTR program
description to Kitsap Transit for approval within 30
days of reaching an agreement.
(ii) Without Good Faith Effort. If an
employer fails to make a good faith effort, as
defined in this chapter and in RCW 70.94.534(2),
and fails to meet either the applicable SOV or
VMT reduction goal, Kitsap Transit shall work
collaboratively with the employer to identify mod-
ifications to the CTR program and shall direct the
employer to revise its program within 30 days to
come into compliance with the measures defined
by RCW 70.94.534(2), including specific recom-
mended program modifications. In response to the
recommended modifications, the employer shall
submit a revised CTR program description, includ-
ing the requested modifications or equivalent mea-
sures, within 30 days of receiving written notice to
revise its program. Kitsap Transit shall review the
revisions and notify the employer of acceptance or
rejection of the revised program. If a revised pro-
gram is not accepted, Kitsap Transit will send writ-
ten notice to that effect to the employer within 30
days and, if necessary, require the employer to
attend a conference with program review staff for
the purpose of reaching a consensus on the
required program. A final decision on the required
program will be issued in writing by Kitsap Transit
within 10 working days of the conference. (Ord.
014-08 § 14; Ord. 1760 § 11, 1999).
10.86.130 Violation — Penalty.
(1) Violations. The following constitute viola-
tions of this chapter:
(a) Failure to perform a baseline measure-
ment, including:
(i) Employers notified or that have iden-
tified themselves to Kitsap Transit within 90 days
of the effective date of the initial ordinance codi-
fied in this chapter and that do not perform a base-
line measurement consistent with the requirements
specified by Kitsap Transit within 90 days from the
notification or self -identification;
(ii) Employers not identified or self -
identified within 90 days of the effective date of the
initial ordinance codified in this chapter and that do
not perform a baseline measurement consistent
with the requirements specified by Kitsap Transit
within 90 days from the effective date of the initial
ordinance codified in this chapter;
(b) Failure to implement an approved CTR
program, unless the program elements that are car-
ried out can be shown through quantifiable evi-
dence to meet or exceed VMT and drive alone
goals as specified in this chapter;
(c) Failure to develop and/or submit a com-
plete CTR program by the applicable deadlines as
stated in this chapter;
(d) Failure to implement an approved CTR
program by the applicable deadlines as stated in
this chapter;
(e) Failure to modify an unacceptable CTR
program by the applicable deadlines as stated in
this chapter;
(f) Failure to self -identify as an affected
employer;
(g) Failure of a newly affected employer to
identify itself to Kitsap Transit within 90 days of
becoming an affected employer;
(h) Failure to submit on time an annual CTR
program progress report to Kitsap Transit;
(i) Failure to maintain agreed -upon CTR
program records;
0) Submission of false or fraudulent data in
response to survey requirements;
10-31 (Revised 1/09)
10.86.140
(k) Failure to make a good faith effort, as
defined in this chapter and in RCW 70.94.534.
(2) Penalties.
(a) Class I Civil Infraction. Any affected
employer violating any provision of this chapter
shall be liable for a Class I civil infraction, and sub-
ject to civil penalties pursuant to RCW 7.80.120.
(b) Separate Offenses. Each day of failure to
implement the program shall constitute a separate
violation subject to penalties as described in Chap-
ter 7.80 RCW.
(c) Failure Due to Union. An employer shall
not be liable for civil penalties if failure to imple-
ment an element of a CTR program was the result
of an inability to reach agreement with a certified
collective bargaining agent under applicable laws
where the issue was raised by the employer and
pursued in good faith. Unionized employers shall
be presumed to act in good faith compliance if
they:
(i) Propose to a recognized union any
provision of the employer's CTR program that is
subject to bargaining as defined by the National
Labor Relations Act; and
(ii) Advise the union of the existence of
the Washington State CTR law, this chapter, and
the mandates of the CTR program approved by
Kitsap Transit and advise the union that the pro-
posal being made is necessary for compliance with
this chapter and state law (RCW 70.94.531).
(d) Not Liable. No affected employer with
an approved CTR program may be held liable for
failure to reach the applicable SOV or VMT goals.
(Ord. 014-08 § 15; Ord. 1760 § 12, 1999).
10.86.140 Adjudicative procedure.
(1) Service of the Notice of Infraction. An adju-
dicative procedure under this chapter is com-
menced by the issuance of a notice of civil
infraction. Service of a notice of civil infraction
shall be by either personal service or by certified
mail, return receipt requested.
(2) Contents of the Notice of Civil Infraction.
The notice of civil infraction shall contain the fol-
lowing:
(a) A statement that the notice represents a
determination that a civil infraction has been com-
mitted by the affected employer or newly affected
employer named in the notice and that the determi-
nation is 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;
(c) A statement identifying the party issued
the notice of civil infraction;
(d) A statement of the specific civil infrac-
tion for which the notice was issued;
(e) A statement of the monetary penalty
established for the civil infraction;
(f) A statement identifying the procedure to
contest the notice of civil infraction;
(g) A statement that a party must respond to
a notice of civil infraction within 15 days from the
date the notice of civil infraction was received;
(h) A statement that failure to respond to the
notice of civil infraction as directed in this chapter
will result in a default judgment for the identified
monetary penalty being entered against the party
named in the notice of civil infraction.
(3) Failure to Respond. A notice of civil infrac-
tion represents a determination that a civil infrac-
tion has been committed. The determination is
final unless contested as provided in this chapter.
(4) Hearing on a Civil Infraction.
(a) An affected employer or newly affected
employer issued a notice of civil infraction may
request a hearing on the infraction by submitting a
written request for a hearing to the presiding
officer not later than 15 days from the date the
notice of civil infraction was received.
(b) The presiding officer shall set a meeting
between the affected employer or newly affected
employer and the presiding officer not later than 15
days after the notice requesting a hearing is mailed.
At such meeting, the affected employer or newly
affected employer will explain its view of the
alleged infraction and the presiding officer will
explain Kitsap Transit's view of the matter.
(c) If the affected employer or newly
affected employer to whom a notice of civil infrac-
tion is issued is found to have committed the
infraction, the presiding officer shall, within 10
days, serve upon the affected employer a written
determination of the reason(s) for the decision and
information about appeal procedures.
(d) The written findings of the presiding
officer shall be considered an initial order. If the
affected employer does not appeal as provided for
in this chapter, the initial order shall become the
final order. (Ord. 1760 § 13, 1999).
(Revised 1/09) 10-32
Port Orchard Municipal Code
10.88.015
10.86.150 Appeals.
(1) Hearing an Appeal.
(a) Venue. The affected employer shall
select to appeal the initial order of the presiding
officer in either Port Orchard's municipal court or
through the administrative process set forth in this
chapter.
(b) Time. An appeal of a determination that
an affected employer or newly affected employer
committed a civil infraction under this chapter
shall be commenced by filing a written notice of
appeal within 30 days of the issuance of the presid-
ing officer's written findings.
(c) Administrative Process.
(i) Kitsap Transit shall hire and pay for a
hearing examiner for the sole purpose of hearing
appeals brought pursuant to this chapter.
(ii) Appeals shall be heard within 60
days of the date the notice of appeal is received by
the presiding officer; however, no appeal shall be
set less than 15 days after notice of the date for the
appeal is mailed by certified mail, return receipt
requested, to the party seeking review.
(iii) The hearing examiner will evaluate
employers' appeals of administrative decisions by
determining if the decisions were consistent with
this chapter, the Washington State CTR law and
the CTR board guidelines. Appeals may be granted
by the CTR hearing examiner if the employer can
show the violations for which the penalties were
imposed occurred for reasons beyond the control of
the employer, or the penalties were imposed for the
failure of the employer to revise its CTR program
as directed by Kitsap Transit and the employer can
demonstrate that measures Kitsap Transit directed
the employer to incorporate in its CTR program are
unlikely to reduce the proportion of SOV commute
trips and/or VMT per employee.
(iv) The decision of the hearing exam-
iner shall be a final administrative decision in the
matter. (Ord. 014-08 § 16; Ord. 1760 § 14, 1999).
Chapter 10.88
BOATING PROVISIONS
Sections:
10.88.010 Statutes adopted by reference.
10.88.015 Violation — Penalty.
10.88.020 Nonappearance after written promise.
10.88.030 Refusal to sign notice of infraction or
notice of violation.
10.88.010 Statutes adopted by reference.
The following sections of the Revised Code of
Washington (RCW) and the Washington Adminis-
trative Code (WAC), and any amendments thereto,
are adopted by reference, and are included in this
chapter as if fully set forth herein:
RCW
WAC
79A.60.010
308-93-140
79A.60.020
308-93-145
79A.60.030
352-60-010
79A.60.040
352-60-020
79A.60.080
352-60-030
79A.60.120
352-60-040
79A.60.130
352-60-050
79A.60.140
352-60-060
79A.60.150
352-60-070
79A.60.160
352-60-080
79A.60.170
352-60-090
79A.60.180
352-60-100
79A.60.190
352-60-120
79A.60.200
88.02.010
88.02.020
88.02.023
88.02.030
88.02.078
88.02.090
88.02.110
88.02.112
88.02.118
88.02.125
88.28.050
(Ord. 1875 § 1, 2002; Ord. 1724 § 19, 1998).
10.88.015 Violation — Penalty.
(1) Except where the violation is classified as a
misdemeanor or gross misdemeanor, a violation of
any provision of this chapter shall be classified as
10-32a (Revised 1/09)
10.88.020
a civil infraction. Unless otherwise provided, a per-
son found to have committed an infraction under
this chapter shall be assessed a monetary penalty
which may not exceed $500.00.
(2) Unless otherwise provided, a person con-
victed of a misdemeanor offense under this chapter
shall be punished as provided in POMC 9.02.050
(1).
(3) Unless otherwise provided, a person con-
victed of a gross misdemeanor offense under this
chapter shall be punished as provided in POMC
9.02.050(2). (Ord. 1875 § 2, 2002).
10.88.020 Nonappearance after written
promise.
Any person violating his or her written or signed
promise to respond to a notice of an infraction or
notice of violation under this chapter is guilty of a
misdemeanor regardless of the disposition of the
charge upon which he or she was originally
arrested or the disposition of the notice of infrac-
tion or notice of violation. (Ord. 1724 § 19, 1998).
10.88.030 Refusal to sign notice of infraction or
notice of violation.
Any person who knowingly refuses to sign a
promise to appear on a subsequent court date or a
promise to respond to an infraction or violation
under this chapter is guilty of a misdemeanor.
(Ord. 1724 § 19, 1998).
(Revised 1/09) 10-32b
Title 12
STREETS AND SIDEWALKS
Chapters:
12.04 Excavations
12.08 Vacations
12.12 Sidewalk Maintenance
12.16 Undergrounding of Utilities
12-1 (Revised 1/09)
Port Orchard Municipal Code
12.16.010
tion thereof, the enforcement officer shall have the
authority to summarily and without notice abate
the same. The expenses of such abatement shall
become a civil debt against the owner or other
responsible party and be collected as provided in
POW 12.12.080. (Ord. 1315 § 10, 1985).
12.12.110 Violation — Penalty.
Any person, firm or corporation violating any of
the provisions of this chapter shall, upon convic-
tion thereof, be guilty of a misdemeanor and be
punished by a fine in any sum not exceeding
$500.00 or by imprisonment in the city jail for a
period not exceeding six months, or by both such
fine and imprisonment. (Ord. 1315 § 11, 1985).
Chapter 12.16
UNDERGROUNDING OF UTILITIES
Sections:
12.16.010
Purpose.
12.16.020
Definitions.
12.16.030
Relocated, rebuilt and/or replaced
utility wires to be laid underground.
12.16.040
New utility wires to be laid
underground.
12.16.050
Exception to underground requirement
for existing single-family home.
12.16.060
Exception to underground requirement
for utility franchisee or licensee.
12.16.070
Deferral to underground requirement
for a property owner.
12.16.080
Traffic signals and overhead warning
lights.
12.16.090
Public works director to approve all
plans.
12.16.100
Permits and fees.
12.16.110
Design standards.
12.16.120
Joint trenches.
12.16.130
Enforcement.
12.16.140
Utility corridors.
12.16.150
Downtown overlay district — Special
requirements.
12.16.160
Cost of conversion — Existing overhead
facilities.
12.16.010 Purpose.
This chapter governs the installation of power,
telecommunications, and cable television facilities.
The city of Port Orchard hereby states a long-range
goal that all electrical distribution and telecommu-
nications lines shall be underground, with only
transformers, switchgear, splice pedestals and sim-
ilar facilities extending above grade. It is found and
determined that the health and safety, particularly
of the traveling public, and the general welfare of
the residents of the city require that all such exist-
ing overhead facilities be relocated underground as
soon as practicable in accordance with the require-
ments specified in this chapter and any applicable
rates and tariffs on file with the WUTC.
The city of Port Orchard commits to convert
existing overhead power distribution, telecommu-
nications, and cable television facilities to under-
ground as an integral part of construction of any
final street improvements. Private developers shall
12-9 (Revised 1/09)
12.16.020
also convert overhead utilities to underground in
accordance with this chapter, wherever such devel-
opment involves the construction of related street
improvements. Exceptions and deferral provisions
in this chapter are intended to provide for the safe
and efficient operation, maintenance, and repair of
existing overhead utility systems; for the cost-
effective development of small sites; and for the
conversion of overhead utilities to underground in
an orderly manner. (Ord. 030-08 § 2; Ord. 019-07
§ 1).
12.16.020 Definitions.
(1) "Electric utility" means any publicly or pri-
vately owned utility engaged in the business of fur-
nishing electric energy to the public and includes
electrical companies as defined by RCW 80.04.010
and public utility districts.
(2) "Facilities" means lines, conduits, ducts,
poles, wires, cables, cross -arms, receivers, trans-
mitters, instruments, machines, appliances, instru-
mentalities and all devices and apparatus used,
operated, owned or controlled by any telecommu-
nications company to facilitate the provision of
telecommunications service.
(3) "Telecommunications" is the transmission
of information by wire, radio, optical cable, elec-
tromagnetic, or other similar means. As used in this
definition, "information" means knowledge or
intelligence represented by any form of writing,
signs, signals, pictures, sounds, or any other sym-
bols.
(4) "Telecommunication utility" means any
utility engaged in the business of affording tele-
communications such as telephonic, telegraphic,
cable television or other communication service to
the public and includes telephone companies and
telegraph companies as defined by RCW
80.04.010.
(5) "Rebuilds" and/or "replacement" means the
placement or replacement of overhead facilities for
a distance of three or more spans (four poles) or
500 feet exclusive of replacements due to casualty
damage.
(6) "Relocation" means removal of existing
facilities with subsequent reinstallation at an adja-
cent location, generally necessitated by roadway
improvements or widening projects.
(7) "Utilities" means power, telecommunica-
tions, and cable television facilities. (Ord. 030-08
§ 3; Ord. 019-07 § 1).
12.16.030 Relocated, rebuilt and/or replaced
utility wires to be laid underground.
All electric and telecommunications utility
wires rebuilt/replaced or relocated from an over-
head or underground facility shall be installed
underground from and after the effective date of
the ordinance codified in this chapter, except: (1)
those services which only involve a change in the
overhead service line without a change in the cor-
responding service entrance facilities; and (2)
rebuilding or enlarging services feeding overhead
to existing single-family residences. (Ord. 019-07
§0.
12.16.040 New utility wires to be laid
underground.
All new electric and telecommunications utility
wires shall be installed underground, at no expense
to the city, unless an exception is granted pursuant
to the provisions of POMC 12.16.050 and
12.16.060. "New utility wires" shall not include
the replacement of existing wires nor shall it
include wires carrying more than 50,000 volts.
(Ord. 019-07 § 1).
12.16.050 Exception to underground
requirement for existing single-
family home.
A new overhead electric and telecommunica-
tions utility line may be installed overhead only as
a replacement to an existing overhead service line.
Such replacement lines may be of larger capacity,
phasing, voltage, circuit count, or diameter, but
may not increase the total number of distinct lines
or bundles of lines between the utility pole and cus-
tomer. (Ord. 019-07 § 1).
12.16.060 Exception to underground
requirement for utility franchisee or
licensee.
The public works director may grant an excep-
tion to the requirement that new utility wires be
installed underground to a utility franchisee or lic-
ensee if the following conditions are satisfied:
(1) The applicant is a utility franchisee or lic-
ensee in good standing;
(2) A complete application is received, includ-
ing the applicable fee set forth in the city's fee
schedule; and
(3) One of the following conditions is met:
(Revised 1/09) 12-10
Port Orchard Municipal Code
12.16.100
(a) No new poles will be installed unless an
existing pole is removed for each proposed new
pole (i.e., the net number of poles shall not
increase);
(b) It is physically impractical to place the
new utility wires underground due to topographic
constraints such as unstable or steep slopes, wet-
lands, or other physical impediments;
(c) The existing overhead line, or a portion
of the line, is being converted to underground and
a pole for transition from overhead to underground
may be necessary, along with appropriate guy
poles and guying;
(d) A transition pole is required to serve a
new development and the surrounding poles do not
have adequate space for additional equipment;
(e) Adequate easements or property could
not be reasonably obtained to install underground
equipment;
(f) It is technically impractical to place
wires underground due to serious electrical system
and/or public safety concerns, such as: main feeder
lines; installation of overhead switching devices;
line sections less than 1,000 feet in length; close
proximity to gas lines, petroleum lines, or high -
capacity fiber optic cable; or hazardous soil condi-
tions; or
(g) The existing telecommunications
incumbent is presently overhead in the proposed
construction area, and the proposed telecommuni-
cations system is an integral part of the electrical
delivery system. (Ord. 030-08 § 4; Ord. 019-07
§ 1).
12.16.070 Deferral to underground
requirement for a property owner.
The public works director may grant deferral of
undergrounding new electric or telecommunica-
tions utility wires to a property owner if all the fol-
lowing conditions are met:
(1) A complete application is received, includ-
ing the applicable fee set forth in the city's fee
schedule;
(2) No new poles will be allowed unless an
existing pole is removed for each proposed new
pole (i.e., the net number of poles shall not
increase);
(3) The deferral applies only to distribution
lines or secondary lines between distribution poles;
new service lines shall be installed underground
unless it is physically impractical to place the new
utility wires underground due to topographic con-
straints such as unstable or steep slopes, wetlands,
or other physical impediments;
(4) The total length of the line subject to the
proposed deferral is less than 300 feet;
(5) Underground conduits are installed in the
area where the deferral is granted suitable for antic-
ipated future underground lines;
(6) Cost estimates prepared by the utility com-
panies are submitted demonstrating that the cost of
converting overhead lines to underground lines
exceeds 50 percent of the unimproved land value
of the site, as determined by the Kitsap County
assessor; and
(7) A binding and assignable covenant is
recorded against the property, committing the
property owner to:
(a) Participate in any local improvement
district formed for the conversion of those over-
head utilities fronting on and within 300 feet of the
subject property; and
(b) Accept a lien, filed at the city's option,
against the property to fully reimburse the city if
overhead lines fronting on the subject property are
converted to underground at city expense. (Ord.
019-07 § 1).
12.16.080 Traffic signals and overhead
warning lights.
Span wire traffic signal and overhead warning
light systems may be used only for interim street
improvements and only where final improvements
are included in the city's transportation plan, for
municipal construction, or in a later phase of
project construction, for private development.
Mast arms shall be used for traffic signals and
warning lights installed with final street improve-
ment projects. (Ord. 019-07 § 1).
12.16.090 Public works director to approve all
plans.
Installation of underground utilities pursuant to
the provisions of this chapter is subject to the pub-
lic works director's prior approval of all plans and
specifications. (Ord. 030-08 § 5; Ord. 019-07 § 1).
12.16.100 Permits and fees.
(1) A permit for work in the public right-of-way
for undergrounding work shall be acquired by the
utility from the public works department prior to
proceeding with construction of facilities in the
12-11 (Revised 1/09)
12.16.110
public right-of-way, or within easements for public
facilities, or public property. The fee for and terms
for such permit for any undergrounding shall be
pursuant to the city's approved fee schedule.
(2) Whenever above -grade pole line installa-
tions are permitted as either an exception under
POMC 12.16.050 and 12.16.060 or a deferral
under POMC 12.16.070, a permit shall be acquired
by the utility from the city's public works depart-
ment prior to proceeding with construction of such
facilities in the public right-of-way, or within ease-
ments for public facilities, or public property. The
fee for and terms of such permit shall be pursuant
to the city's approved fee schedule. (Ord. 019-07
§ 1).
12.16.110 Design standards.
(1) All conductors, switches, transformers, reg-
ulating devices, poles, brackets, and vaults shall be
installed in accordance with applicable national,
state and local safety standards. All other structural
devices shall be designed in accordance with the
provisions of the International Building Code
adopted by the city, and all other applicable ordi-
nances and regulations of the city as its building
code.
(2) All underground facilities provided for
herein shall be installed in such manner as to be
coordinated with underground water, sewer, and
gas pipelines, and with traffic control and other sig-
nal systems. Whenever such coordination requires
installation practices more restrictive or demand-
ing than the minimum standards required by appli-
cable national, state and local codes and safety
standards, the requirements of such coordination
shall govern and be controlling.
(3) Subject to any applicable rates and tariffs,
all vaults, manholes, ventilation gratings, and
access covers and conduits in public rights -of -way
shall be strong enough to withstand 10,000 pounds
wheel load. The utility may, at its option, elect not
to comply with the said wheel load requirement as
to such facilities not on the traveled portion of the
street; providing, however, that the utility shall be
responsible for upgrading of the said facilities in
the event of widening of the traveled portion of the
street.
(4) Any equipment and facilities excepted from
underground requirements or otherwise permitted
to be installed aboveground except for poles, pole -
mounted equipment, and aerial lines shall be:
(a) Placed within an enclosure or within the
building or structure being served, or be suitably
screened in accordance with the landscape require-
ments of the city code.
(b) The utility shall be responsible for the
installation, maintenance, repair, and replacement
of the sight screening materials and barrier when
the real property on which the aboveground facility
is located is owned by the utility.
(c) When the aboveground facility is
located on real property not owned by the utility,
the owner of such real property shall be responsible
for the installation, maintenance, repair, and
replacement of the aforementioned screening
materials and sight barrier.
(5) Space frames and structural arrangements
for holding equipment or facilities shall be
designed to have an uncluttered and neat appear-
ance.
(6) Streets shall be excavated to subgrade prior
to the installation of underground facilities as
determined by the city's public works department.
(Ord. 030-08 § 6; Ord. 019-07 § 1).
12.16.120 Joint trenches.
In requiring undergrounding of electric and tele-
communications facilities, it is the city's intent to
authorize and encourage establishment of joint or
common trenches, as follows:
(1) Subject to any applicable rates and tariffs,
utilization of a single trench where feasible by all
utilities and rights -of -way franchise holders is
hereby encouraged and shall be required wherever
feasible. Upon application for an underground
right-of-way use permit, the city's public works
department shall determine whether other utilities
and franchise holders have applied, or may be
likely to apply on a timely basis, for underground-
ing along the same right-of-way and whether the
permit, if issued, should require joint use of a com-
mon trench. If at the time of application for an
underground permit it does not appear that all util-
ities involved in the undergrounding project have
made appropriate arrangements for the use of the
common trenches, the public works department
may delay the issuance of such permit until all util-
ities involved in such relocation shall have been
given the opportunity to be heard upon two weeks'
notice.
(Revised 1/09) 12-12
Port Orchard Municipal Code
12.16.160
(2) Where new structures require underground
services extending into or across the public right-
of-way to existing overhead distribution systems
for connection, it shall be the responsibility of the
property owner, owner's agent or other persons
applying for such underground service from a
power, telecommunications, or cable television
utility to provide adequate provisions and capacity
for joint usage in a trench with conduit or other
required facilities for present and future service
extensions to the structure. The utility, property
owner, owner's agent, or other person applying for
the permit shall notify all other utilities as to the
availability of a common trench (for example, nat-
ural gas). The issuance of a permit may be delayed
until all utilities involved in a street crossing for
underground service connection to a structure have
been given the opportunity to be heard upon two
weeks' notice.
(3) Subject to any applicable rates and tariffs,
whenever a power, telecommunications, or cable
television facility, including but not limited to elec-
trical power, telephone, telegraph, cable television,
and fiber optics, is required to be placed under-
ground in a joint trench, then the costs of excava-
tion and fill and also the costs of conduit, cable,
vaults, and other appurtenant facilities shall be
borne on an equal basis, or as agreed, by the utili-
ties, franchise holders, or others participating in the
undergrounding project. (Ord. 030-08 § 7; Ord.
019-07 § 1).
12.16.130 Enforcement.
(1) Any violation of the provisions of this chap-
ter, or any amendments thereto, by any individual
or entity shall constitute a civil infraction and any
individual or entity committing such infraction
shall be subject to a civil penalty not exceeding
$1,000 for each violation and for each day upon
which any such violation shall continue. The pub-
lic works director, or designee, shall be responsible
for investigation of violations and for enforcement
of the provisions of this chapter.
(2) To the extent a franchise agreement exists
between the city and a utility provider, and to the
extent the franchise agreement contains provisions
regarding enforcement that encompass the provi-
sions of this chapter, said enforcement provisions
of the franchise agreement shall control. (Ord. 030-
08 § 8; Ord. 019-07 § 1).
12.16.140 Utility corridors.
(1) The following are designated as utility cor-
ridors within the city of Port Orchard. All utilities
installed pursuant to this section shall be located
within these designated corridors:
(a) For properties north of Bay Street within
the central downtown overlay district, as described
in POMC 18.96.020, all utilities shall be located
within the city right-of-way fronting those proper-
ties.
(b) For properties abutting the south side of
Bay Street within the central downtown overlay
district, as described in POMC 18.96.020, and
which are west of Sidney Avenue, all utilities shall
be located within the city right-of-way along the
north side of Prospect Street.
(c) For properties abutting the south side of
Bay Street within the central downtown overlay
district, as described in POMC 18.96.020, and
which are east of Sidney Avenue, all utilities shall
be located within the city right-of-way along the
north side of Prospect Alley.
(2) The location of utilities without a desig-
nated utility corridor shall be as directed by the
public works director.
(3) The public works director may waive the
requirements for installation within a designated
utility corridor if the applicant establishes to the
satisfaction of the public works director that such
installation constitutes a hazard to persons or prop-
erty. (Ord. 030-08 § 9).
12.16.150 Downtown overlay district — Special
requirements.
Within the downtown overlay district, as
described in POMC 18.96.020, all transformers,
pedestals, vaults and/or handholds shall be
installed in such a manner as to avoid being visible
or hazardous to the public and shall be either
installed underground or inside a building, per util-
ity standards established by the utility provider. A
design plan shall be prepared and presented to the
director of public works who shall have the author-
ity to approve the location of transformers in accor-
dance with this section. (Ord. 030-08 § 10).
12.16.160 Cost of conversion — Existing
overhead facilities.
The cost and expense of converting existing
overhead facilities to underground, installing new
facilities underground, and connecting said facili-
12-13 (Revised 1/09)
12.16.160
ties to buildings, residences and other structures,
shall be borne by the serving utilities, the owners or
occupants of the real property served, persons
applying for such underground service, and/or the
city when applicable. The cost for such service
shall be in accordance with the applicable tariff
files with the WUTC, the rules, regulations, and
published policies of the respective utilities fur-
nishing such service, or as may be contractually
agreed upon between the utility and such owner or
applicant. (Ord. 030-08 § 11).
(Revised 1/09) 12-14
Title 13
PUBLIC UTILITIES
Chapters:
13.04 Water and Sewers
13.06 Storm Drainage Utility
13.08 Concurrency Management System
13-1 (Revised 1/09)
Port Orchard Municipal Code
13.04.010
Chapter 13.04
WATER AND SEWERS
Sections:
13.04.010
Bimonthly water rates.
13.04.020
Bimonthly sewer rates.
13.04.030
Water capital facility charge —
Extension of water.
13.04.033
Connection fees.
13.04.035
Water main fees in lieu of assessment.
13.04.037
Extension of water to property
contiguous to the city.
13.04.039
Payment.
13.04.040
Sewer capital facility charge —
Extension of sewer.
13.04.050
Billing.
13.04.055
Miscellaneous charges.
13.04.060
Liens.
13.04.065
CPI adjustment.
13.04.070
Repealed.
13.04.080
Mother-in-law apartments and
converted homes.
13.04.090
Discontinuation of sewer charges.
13.04.100
Cross connections.
13.04.110
Emergency water supply conditions.
13.04.120
Damaging the utility system.
13.04.130
Discharging of sewerage.
13.04.140
Connection to sewer.
13.04.150
Side sewer responsibilities.
13.04.160
Industrial sewer users.
13.04.170
Violation.
13.04.180
Appeals.
13.04.010 Bimonthly water rates.
Water rates are based on a bimonthly schedule.
The water rates, as calculated bimonthly, are
shown below:
(1) Cost for the first 5,000 gallons, bimonthly.
Size of Service
Bimonthly Rate
3/4"
$ 19.00
1"
20.00
1-1/2"
23.00
2"
26.00
3"
32.00
4"
44.00
6"
65.00
8"
86.00
Size of Service
Bimonthly Rate
loft
110.00
(2) Consumption Charge.
RATE 1 0 to 3,000 gallons
$15.00
RATE 2 3,001 — 5,000
$19.00
gallons
RATE 3 5,001 — 30,000
Rate 2 plus
gallons
$2.10/1,000 gal.
RATE 4 30,001 — 50,000
Rate 2 plus Rate 3
gallons
plus $2.20/1,000
gal.
RATE 5 50,001— 100,000
Rate 2 plus Rate 3
gallons
plus Rate 4 plus
$2.30/1,000 gal.
RATE 6 100,001 —
Rate 2 plus Rate 3
150,000 gallons
plus Rate 4 plus
Rate 5 plus
$2.40/1,000 gal.
RATE 7 In excess of
Rate 2 plus Rate 3
150,000 gallons
plus Rate 4 plus
Rate 5 plus Rate 6
plus $2.50/1,000
gal.
(3) Fire Hydrant Service.
Schools $12.00 per hydrant
Private Service $22.00 per hydrant
(4) Temporary Construction.
One -Day Service
$2.20/1,000 gallons
or $19.00,
whichever is
greater
Construction Account As metered:
0 — 50,000 gallons $2.20/1,000 gallons
50,001 — 100,000 gallons $2.30/1,000 gallons
100,001 — 150,000 gallons $2.40/1,000 gallons
In excess of 150,000 gallons $2.50/1,000 gallons
(5) Multiple Connections. Multiple connec-
tions are where more than one customer is being
served through a master meter and the billing is
based on the flow through such master meter. The
minimum bimonthly billing is determined by the
number of customers multiplied by a rate of
13-3 (Revised 1/09)
13.04.020
$19.00. The consumption charge will be computed
by subtracting the amount equal to the number of
customers multiplied by 5,000 gallons from the
total gallons consumed. The rate for consumption
above 5,000 gallons will be $2.10 per 1,000 gallons
up to 30,000 gallons, $2.20 per 1,000 gallons from
30,001 to 50,000 gallons, $2.30 per 1,000 gallons
from 50,001 to 100,000 gallons, $2.40 per 1,000
gallons from 100,001 to 150,000 gallons and $2.50
per 1,000 gallons in excess of 150,000 gallons.
(6) Properties Outside City Limits. Properties
served outside the city limits shall have a 50 per-
cent surcharge on the monthly rate.
(7) Hydrant Meter Rentals. All persons renting
a hydrant meter shall pay a refundable deposit. The
following rental fees shall apply to all persons rent-
ing a hydrant meter: the first 60 days, no charge;
the next 120 days, $250.00 for each 30-day period;
in excess of 180 days, $500.00 for each 30-day
period. (Ord. 013-08 § 2; Ord. 010-05 § 2; Ord.
1897 § 2, 2003; Ord. 1799 § 2, 2000).
13.04.020 Bimonthly sewer rates.
(1) Sewer rates are based on a monthly rate and
are billed on a monthly schedule. The sewer rates,
as calculated bimonthly, are shown as follows:
Description
Class
Health maintenance organizations
14
Work release and juvenile facilities
14
Kitsap County public works building
14
Car washes
15
Beauty shops and barber shops
16
Day care
17
Gas stations
18
Assisted living units
19
Bed and breakfasts
20
(2) Bimonthly Rates.
Class 1 $72.00
Class 2 $72.00 for each business with a
fixture.
$18.00 for each business, with an
employee present, without a fixture.
$72.00 for each floor of an office
building or retail complex that has a
public or community bathroom.
Class 2 shall be subject to the
following surcharge, based on
store/office interior size:
Description
Class
Single-family residences
1
Size of
Mobile home on single parcel
1
Category Store/Office Surcharge
Business
2
Small Less than None
Professional
2
15,000 sf
Churches
3
Medium 15,000 to $72.00
Hotels, motels
4
30,000 sf
Rest homes, care centers
4
Large More than $144.00
Kitsap County jail
4
30,000 sf
Apartments
5
Mobile home parks
5
Class 3 $72.00 for the church, plus*
Schools
6
$72.00 for the rectory, plus*
Kitsap County courthouse (main
7
$72.00 for the annex.
complex)
*Class 6 for educational parochial
Restaurants
8
schools.
Laundromats
9
Taverns
10
Class 4 Base fee of $72.00 plus $18.00 per
Car dealerships
11
unit.
Post office
12
Grocery stores
13
Class 5 $72.00 per dwelling unit.
Bowling alley
14
Boat marina
14
(Revised 1/09) 13-4
Port Orchard Municipal Code
13.04.020
Class 6 $2.70 for each pupil, teacher,
maintenance and administrative
person.
Class 7 $2,808
Class 8 Based on the seating capacity as
determined by the building official.
Seating
Description Capacity Rate
Espresso Bar
Not
$72.00
Applicable
Deli
0
$108.00
Small
1 to 50
$216.00
Medium
51 to 150
$324.00
Large
More than
$432.00
150
The classification of espresso bar
includes similar food preparation
businesses which do not require the
cooking of food or the maintenance of
kitchen equipment.
Class 9 Base fee of $36.00 plus $18.00 per
washing machine.
Laundromats with less than four
washing machines are considered
Class 2. Dry cleaners without washing
machines are Class 2.
Class 10 $180.00
Class 11 $72.00 for sales and administrative
office, plus $72.00 for service
department, plus
$72.00 for car washing when the water
is used to determine cost sharing for
the sewer treatment plant.
Class 12 $252.00
Class 13 Basic fee of $36.00 plus the following
surcharges:
Description
Surcharge
Basic Store
$ 36.00
Bakery
36.00
Wetted -Down Produce
72.00
Food Disposal
72.00
Meat Cutting Area
144.00
Class 14 Base fee of $36.00 plus $36.00 for
each equivalent residential unit (ERU)
as determined for the cost -sharing
formula for the sewer treatment plant.
Class 15 Base fee of $36.00 plus $108.00 per
car washing bay.
Class 16 $72.00
Class 17 Basic fee of $144.00 plus the
following surcharges:
Description Surcharge
Less than 5 children -0-
6 to 25 children $72.00
More than 25 children Class 6 rates
Class 18 $72.00 for gasoline retail, which could
include service bay.
$72.00 for nonautomotive retail.
Class 19 Base fee of $72.00 plus $72.00 per
unit with private kitchen, $18.00 per
unit without private kitchen, or studio
apartment.
Class 20 Base fee of $72.00 plus $7.20 per
rentable bedroom.
Special Notes:
(a) Home occupations will not be charged
additional sewer fees.
13-5 (Revised 1/09)
13.04.030
(b) For a combination of classes in one busi-
ness, the highest rate will be selected.
(c) In the event that an established rate class
does not accurately reflect the impact on the sewer
system, the city engineer may determine the spe-
cific monthly rate.
(d) Water accounts which serve a marina
pier and do not have a connection to the sewer shall
not be charged a sewer bill. A sewer bill will be
charged and based on winter consumption if the
water meter serves both the marina pier and any
facility or pump station that is connected to the
sewer system. For billing purposes, live-aboards
will not be considered as a dwelling unit.
(e) Properties served which are outside the
city limits shall have a 50 percent surcharge on the
monthly rates. (Ord. 027-08 § 2; Ord. 010-05 § 3;
Ord. 1897 § 3, 2003; Ord. 1799 § 3, 2000).
13.04.030 Water capital facility charge —
Extension of water.
(1) The water capital facility charge is designed
to mitigate the impact of new demands on the exist-
ing water system and to require new users to pay
their fair share of the value of the water system
including, but not limited to, water supply, treat-
ment, transmission, storage and distribution facili-
ties. The water capital facility charge applies to
new construction, changes in use, and building
modifications which increase the total number of
equivalent residential units (ERUs). An ERU is
180 gallons per day for nonresidential connections.
Prior to connecting to the city's water system the
property owner shall pay, in addition to other appli-
cable charges, the applicable water capital facility
charge.
(a) The water capital facility charge for a
residential connection is $4,500 per ERU. An ERU
for this purpose shall be computed based on the
water meter size and shall be calculated according
to the average flow factor of a displacement type
meter where a three -quarter -inch meter shall have
a flow factor equal to one ERU. An ERU for resi-
dential connections is one single-family dwelling
unit, whether detached or attached and configured
as an apartment unit, condominium unit, town-
house unit, or any other configuration.
(b) The water capital facility charge for a
nonresidential connection shall be calculated based
on meter size as set forth below:
Capital Facility
Meter Size
Charge
3/4"
$4,500
1"
$7,505
1-1/2"
$14,965
2"
$23,953
3"
$47,906
4"
$75,870
(2) If, after connection of a nonresidential ser-
vice, the actual water usage has increased or the
property use expanded so that there are a greater
number of ERUs being used on the property than
for which the water capital facility charge was
paid, the property owner shall pay to the city an
additional water capital facility charge based upon
the new or expanded use. The additional water cap-
ital facility charge shall be based upon the charge
rate in effect at the time the increase in use is
requested and/or detected, whichever first occurs.
(3) Water Capital Facility Charge — Exception.
The following exception applies to the assessment
of the water capital facility charge. All four ele-
ments of the below -listed requirements must be
present to qualify for the exception:
(a) A nonresidential account paid the water
capital facility charge at the time the property con-
nected to the city's water system;
(b) Sometime after the original connection,
the property owner decides to construct a new
building, change the original use, or modify the
original building;
(c) After the building improvements are
completed, the total water usage for the nonresi-
dential account will be equal to or less than the
usage of the time of the original connection; and
(d) The new construction, change in use, or
building modification has not resulted in an addi-
tional direct connection to the city's water system
or the establishment of an additional water
account.
(4) A credit against the water capital facility
charge may be applied for those property owners
that paid their assessments in full through a local
improvement district formed by the city where
such local improvement district is formed to
(Revised 1/09) 13-6
Port Orchard Municipal Code
13.04.033
finance the construction of any of the improve-
ments that are a basis for calculating the value of
the water capital facility charge. The credit shall be
equal to that portion of the property owner's prin-
cipal assessment, not including interest and penal-
ties, which is directly applicable to the construction
of the improvements that are a basis for calculating
the value of the capital facility charge. The credit
shall be applied at the time of payment of the water
capital facility charge and shall not be used to
reduce any assessments in the local improvement
district.
(5) A credit against the water capital facility
charge may be applied for those property owners
that construct at their own expense any of the
improvements that are a basis for calculating the
value of the water capital facility charge or for
those property owners that pay a latecomer's fee
toward those same improvements. The credit shall
be the smaller of the following:
(a) That portion of the design and construc-
tion costs of the latecomer's agreement that are
directly applicable to the construction of the
improvements that are a basis for the value of the
water capital facility charge; or
(b) That proportionate amount of the water
capital facility charge that is attributable to the
water facilities either constructed by the property
owner or paid through a latecomer's fee.
(6) The above provisions notwithstanding, the
amount of any credit shall not exceed the amount
of the water capital facility charge for the property
to which the credit is being applied.
(7) At the time the water capital facility charge
is paid, an inspection fee shall be paid. The inspec-
tion fee is $100.00 per lateral connection to the
main.
(8) All materials shall comply with the require-
ments of the city. If the city supplies any materials,
the cost of these plus overhead and sales tax will be
paid by the customer or property owner.
(9) If a property owner requests a credit or
exemption as described above, the director of pub-
lic works shall make an administrative determina-
tion regarding the applicability and amount of the
credit or exemption. The director's decision may
be appealed to the hearing examiner.
(10) The exceptions and credits described
above shall not apply to any costs of construction
incurred or payments made to the city for improve-
ments that are a basis for the value of the capital
facility charge and that were made 15 years or
more prior to the date the property owner requests
the exception or credit. (Ord. 013-08 § 3; Ord. 023-
06 § 1; Ord. 010-05 § 4; Ord. 1897 § 4, 2003; Ord.
1799 § 4, 2000).
13.04.033 Connection fees.
(1) Connection fees are designed to reimburse
the utility for the cost required to connect the new
service to the water main. The labor installation fee
is a flat fee plus sales tax based on the size of the
water meter for service lines less than 25 feet.
Installed by city employees:
Meter Size Fee
3/4" $1,000 + cost of meter and
associated materials
V $1,200 + cost of meter and
associated materials
1-1/2" $1,500 + cost of meter and
associated materials
2" $2,000 + cost of meter and
associated materials
Larger meters Estimated on a case -by -
case basis
(2) If the water service line exceeds 25 feet, or
if the proposed construction is unusually difficult,
the connection fee will be based on an estimate
completed by the city for the required labor and
material.
(3) If the service is connected by other than city
employees, the inspection fee of $100.00 per meter
will be charged. All materials shall comply with
the requirements of the city. If the city supplies any
materials, the cost of these, plus overhead and sales
tax, will be paid by the customer. If the installation
is satisfactory, the city shall set the meter if it is one
inch or less in size. Larger meters shall be installed
by the contractor.
(4) All new construction, residential and com-
mercial, on property which is located within 200
feet of a water main of the city shall be required to
extend the water to and across the entire frontage of
their property and connect to the city water system
prior to the occupancy of the building. No new
wells except municipal wells shall be constructed
and no expansions of existing wells, except munic-
ipal wells, shall be permitted on properties that can
13-7 (Revised 1/09)
13.04.035
be served, within 200 feet of a water main of the
city, or are now served by the city water system.
(Ord. 013-08 § 4).
13.04.035 Water main fees in lieu of
assessment.
(1) Where all or a portion of the premises to be
served has not been previously assessed or contrib-
uted its share towards the cost of installing a per-
manent main to serve such premises, or the
property does not abut a water main, water service
shall be provided upon payment of a water main
fee as provided for in this section, in addition to the
water capital facility charge set forth in POMC
13.04.030 and the connection fee set forth in
POMC 13.04.033.
(2) The water main fee shall be based on the
frontage of the property served, as determined by
the public works director. Properties situated on
corner lots abutting utility mains on two sides shall
have the front footage charge computed by averag-
ing the two sides. The fee shall be $100.00 per front
foot.
(3) Water main fees in lieu of assessment shall
be charged on new accounts unless exempted as
explained below:
(a) The property has previously paid its
share of a local water main as part of a water local
improvement district and there are records to verify
this;
(b) The property has extended the local
water main as required by the city and paid all costs
associated with the extension;
(c) The property has paid its equitable share
of the cost of a previously installed local water
main pursuant to a latecomer's agreement; or
(d) The agreement for purchase and sale of
assets of McCormick Water Company, Inc.,
waives the city fee in lieu of assessment for water
services. These are the services within McCormick
Woods, Campus Station and McCormick 620.
(4) If a property owner requests an exemption
as described above, the director of public works
shall make an administrative determination regard-
ing the applicability and amount of the exemption.
The director's decision may be appealed to the
hearing examiner.
(5) The exemptions described above in subsec-
tions (3)(a) through (c) of this section shall not
apply to any costs of construction incurred or pay-
ments made to the city for improvements that are a
basis for the value of the water main fee in lieu of
assessment and that were made 15 years or more
prior to the date the property owner requests the
exemption. (Ord. 013-08 § 5).
13.04.037 Extension of water to property
contiguous to the city.
Property lying within the urban growth bound-
ary and contiguous to the Port Orchard city limits
shall annex to the city as a condition of water con-
nection. In the alternative, the city may elect to
defer the annexation and require the owner to exe-
cute a utility extension agreement as described in
POMC 13.04.040(11). (Ord. 013-08 § 6).
13.04.039 Payment.
All charges and fees set forth in this chapter
shall be paid in full prior to any issuance of permits
and the physical connection of the private service
line to the water system. (Ord. 013-08 § 7).
13.04.040 Sewer capital facility charge —
Extension of sewer.
(1) The sewer capital facility charge is designed
to mitigate the impact of new demands on the exist-
ing sewer system and to require new users to pay
their fair share of the value of the sanitary sewer
system. The sewer capital facilities charge applies
to new construction, changes in use, and building
modifications that increase the total number of
equivalent residential units (ERUs). An ERU is
180 gallons per day for nonresidential connections.
An ERU for residential connections is one single-
family dwelling unit, whether detached or attached
and configured as an apartment unit, condominium
unit, townhouse unit or any other configuration.
The ERU consumption is based upon metered
water consumption or comparison to similar
accounts when metered water consumption data is
not readily available.
(a) Sewer Capital Facility Charge — Excep-
tion. The following exception applies to the assess-
ment of the sewer capital facility charge. All four
elements of the below -listed requirements must be
present to qualify for the exception:
(i) A nonresidential account paid the
sewer capital facility charge at the time the prop-
erty connected to the city's sewer system;
(ii) Some time after the original connec-
tion, the property owner decides to construct a new
(Revised 1/09) 13-8
Port Orchard Municipal Code
13.04.040
building, change the original use, or modify the
original building;
(iii) After the building improvements are
completed, the total sewer usage for the nonresi-
dential account will be equal to or less than the
usage of the time of the original connection; and
(iv) The new construction, change in
use, or building modification has not resulted in
additional direct connection to the city's sewer sys-
tem or the establishment of an additional sewer
account.
(2) The sewer capital facility charge consists of
two components: the general facility fee and the
wastewater treatment facility fee. The general
facility fee is $2,770 per ERU. The wastewater
treatment facility fee is $3,230 per ERU; provided,
however, the properties within Divisions 1 through
10, inclusively, of the McCormick Woods Land
Company shall have a wastewater treatment fee of
$791.25 per ERU.
(3) The sewer capital facility charge shall be
paid before connecting to the city sanitary sewer
system, or before changing the use, or increasing
the total ERU count above the amount for which a
sewer capital facility charge has been paid. If work
is to be done that requires a sewer capital facility
charge, it shall be paid before a permit shall be
issued.
(4) If, after connection of a nonresidential ser-
vice, the actual sewer usage has increased or the
property use expanded so that there are a greater
number of ERUs being used on the property than
for which the sewer capital facility charge was
paid, the property owner shall pay to the city an
additional sewer capital facility charge based upon
the new or expanded use. The additional sewer
capital facility charge shall be based upon the
charge rate in effect at the time the increased use is
requested and/or detected, whichever first occurs.
(5) A credit against the sewer capital facilities
charge may be applied for those property owners
that paid their assessments in full through a local
improvement district formed by the city, where
such local improvement district is formed to
finance the construction of any of the improve-
ments that are a basis for calculating the value of
the sewer capital facilities charge. The credit shall
be equal to the amount of the property owner's
principal assessment, not including interest and
penalties. The credit shall be applied at the time of
payment of the sewer capital facilities charge and
shall not be used to reduce any assessments in the
local improvement district.
(6) A credit against the sewer capital facilities
charge may be applied for those property owners
that construct at their own expense any of the
improvements that are a basis for calculating the
value of the sewer capital facilities charge or for
those property owners that pay a latecomer's fee
toward those same improvements. The credit shall
be the smaller of the following:
(a) That portion of the design and construc-
tion costs of a latecomer's agreement that is
directly applicable to the construction of the
improvements that are a basis for the value of the
sewer capital facilities charge; or
(b) That proportionate amount of the sewer
capital facilities charge that is attributable to the
sewer facilities either constructed by the property
owner or paid through a latecomer's fee.
(7) The above provisions notwithstanding, the
amount of credit shall not exceed the amount of the
sewer capital facilities charge for the property to
which the credit is being applied.
(8) At the time the sewer capital facilities
charge is paid, an inspection fee shall be paid. The
inspection fee is $100.00 per lateral connection to
the main.
(9) All materials shall comply with the require-
ments of the city. If the city supplies any materials,
the cost of these plus overhead and sales tax will be
paid by the customer.
(10) Extension of Sewer to Property Contigu-
ous to the City Shall Annex — Exception. Property
lying within the urban growth boundary and con-
tiguous to the Port Orchard city limits shall annex
to the city as a condition of sewer connection. In
the alternative, the city may elect to defer annex-
ation and require the owner to execute a utility
extension agreement as described in subsection
(11) of this section.
(11) Requirement for Utility Extension Agree-
ment.
(a) Property lying within the urban growth
area which is not contiguous to the Port Orchard
city limits shall be permitted water and/or sewer
connection only upon entering into an appropriate
agreement with the city containing a waiver of pro-
test to annexation/limited power of attorney autho-
rizing annexation at such time as the city
determines the property should be annexed to the
13-9 (Revised 1/09)
13.04.050
city. Application for extension of utilities is subject
to the following provisions:
(i) Application fees as established by the
city council shall be paid upon the submittal of a
signed utility extension agreement (UEA) request-
ing water and/or sewer for property outside the
city, but located within the urban growth area;
(ii) The applicant will bear the entire cost
of water and/or sewer connection pursuant to this
chapter, as written or hereafter amended, subject to
any provision in effect at the time of connection for
latecomer reimbursement;
(iii) The applicant will be subject to all
applicable provisions of this chapter, as written or
hereafter amended, for extension of city utilities,
the payment therefor, and all enforcement provi-
sions therein; and
(iv) The UEA shall not be executed prior
to the time formal application is made for approval
of the project for which utilities are requested. The
term of said agreement shall terminate at the time
any project application or approval expires or is
revoked for any reason. A new agreement shall
also be required for any extension of project appli-
cation or approvals or when the director of plan-
ning determines that a substantial change or
addition has been made to the project.
(b) The city may disconnect the utilities for
failure of the applicant or his/her successors or
assigns, for violation of this chapter, or for viola-
tion of the terms and conditions of the UEA.
(c) Following execution, such agreement
shall be recorded by the city clerk in the chain of
title for such property in the records of the Kitsap
County auditor. (Ord. 013-08 § 9; Ord. 023-06 § 2;
Ord. 010-05 § 5; Ord. 1897 § 5, 2003; Ord. 1799
§ 5, 2000).
13.04.050 Billing.
(1) The water and/or sewer charges shall be
billed by the city treasurer bimonthly, on the last
day of the bimonthly period, to the property owner.
The charges and rates shall be due to the treasurer,
who is authorized and empowered to collect and
receipt for such payments, on the first day of the
month following the receipt of services.
(2) Charges remaining unpaid 25 days after the
due date shall be considered delinquent and shall
be subject to an additional charge of 10 percent of
the unpaid balance as a penalty.
(3) When a water and/or sewer bill shall
become delinquent and a city employee must go to
the premises during normal working hours for the
purpose of hanging a written notice on the door,
there shall be a $10.00 charge added to the account.
(4) If the delinquent water and/or sewer charges
remain unpaid over a period of 30 days after the
due and payable date, service will be discontinued
by turnoff. Service will not resume thereafter until
the delinquent charges and penalties, together with
a turnoff fee, have been paid in full. The turnoff fee
shall be $20.00, unless the same account should
become delinquent during a 12-month period. On a
second occurrence, the turnoff fee shall be $30.00.
On the third occurrence and each subsequent
occurrence, the turnoff fee shall be $40.00.
(5) Where both water and sewer delinquent
charges are involved, the customer shall not be
billed double penalties. (Ord. 013-08 § 10; Ord.
010-05 § 6; Ord. 1897 § 6, 2003; Ord. 1799 § 6,
2000).
13.04.055 Miscellaneous charges.
(1) The charge for turning on or shutting off
service, other than the regular City Hall business
hours, and anytime on weekends or holiday, shall
be $75.00.
(2) In order for a landlord to shut off a tenant's
water, the landlord must be the responsible party
for the account, and the landlord must sign a hold
harmless agreement and pay a $10.00 service
charge. The city will give advance notice at the ser-
vice address of at least eight hours, or such greater
time as is required by law.
(3) When a closing agent requests, by law, a
final billing of utility services to real property
being sold, the utility shall provide the requesting
party with a written estimated or actual final bill-
ing. There will be a service fee of $20.00 charged
for each request. (Ord. 010-05 § 7; Ord. 1897 § 7,
2003; Ord. 1799 § 7, 2000).
13.04.060 Liens.
The city treasurer is directed to prepare and file
a lien against any property where water and/or
sewer charges or water and/or sewer connection
fees remain unpaid for four months as provided in
RCW 35.21.290 and 35.67.200. A fee of $100.00
will be put on the account when the lien is filed.
(Revised 1/09) 13-10
Port Orchard Municipal Code
13.04.090
The remedy provided in this section shall be in
addition to any other remedy now and hereafter
provided by law. All charges, together with penal-
ties and interest which may be provided by this
chapter, shall be a lien upon the property to which
such service is furnished. Water and/or sewer
charges or sewer connection liens shall be superior
to all other liens and encumbrances whatsoever,
except those for general taxes and local and special
assessments. The liens shall be enforced by the city
in the manner provided by law. The additional and
concurrent method of enforcing the lien of the city
for the delinquent and unpaid charges by turning
off the water and/or sewer service from the pre-
mises shall not be exercised after two years from
the date of recording the lien notice, as provided by
law. One exception to this is to enforce payment of
six months' charges for which no lien notice is
required by law to be recorded. (Ord. 1897 § 8,
2003; Ord. 1896 § 2, 2003; Ord. 1799 § 8, 2000).
13.04.065 CPI adjustment.
(1) Commencing November 1, 2009, and on
November 1st of each successive year thereafter,
unless otherwise adjusted by the city council dur-
ing the previous six-month period, all charges and
fees set forth in this chapter, but excluding water
rates, shall automatically be adjusted based upon
the All Urban Consumers Price Index for the Seat-
tle — Tacoma — Bremerton area as published by the
U.S. Department of Labor, Bureau of Labor Statis-
tics, for the prior June.
(2) The city council shall review the water rates
annually and shall adjust them as it deems appro-
priate. (Ord. 013-08 § 8).
13.04.070 Vacancies.
Repealed by Ord. 010-05. (Ord. 1897 § 9, 2003;
Ord. 1799 § 9, 2000).
13.04.080 Mother-in-law apartments and
converted homes.
These are apartments contained in a single-fam-
ily dwelling and are not separate structures. These
apartments are other than duplexes or multifamily
units.
(1) Mother -in -Law Apartments.
(a) The property owner lives in the single-
family dwelling.
(b) The apartment does not have both a sep-
arate full kitchen and full bath. A full kitchen is
defined as one with a full size refrigerator, a stove,
a sink and cabinets. A full bath is defined as one
with a sink, a toilet and a bathing facility.
(c) There is the capability of the apartment
dweller to pass from the apartment to the house
through an interior door.
(d) A mother-in-law apartment would be
considered a single-family residence and would
not be charged an extra connection fee or an extra
monthly rate.
(e) The building department shall inspect
the proposed mother-in-law apartment and report
its findings to the city treasurer. The city treasurer
shall make the determination if a unit is a mother-
in-law apartment and shall so notify the property
owner. The property owner may appeal the trea-
surer's determination with a written petition to the
city council.
(2) Converted Homes.
(a) The property owner lives in the single-
family dwelling.
(b) The apartment has both a separate full
kitchen and full bath.
(c) In order to be a converted home, the
structure shall have been a single-family residence
for at least five years.
(d) A converted home would not be charged
an extra connection fee, but would be charged an
extra monthly rate.
(e) A property owner may apply for an
exemption from the additional monthly rate if a
family member lives in the apartment. Application
for exemption shall be made on forms provided by
the city treasurer. When the family member moves
out of the apartment, the property owner shall
notify the city.
A "family member" is defined as a father,
mother, spouse, children or stepchildren.
Mother-in-law apartments and converted homes
in existence prior to September 24, 1990, shall be
grandfathered and associated connection fees are
waived.
A duplex would still be charged two connection
fees and two monthly rates and is not a single-fam-
ily residence. (Ord. 1897 § 10, 2003; Ord. 1799
§ 10, 2000).
13.04.090 Discontinuation of sewer charges.
Upon receipt of a written statement by the owner
of a lot or parcel of property which has previously
been connected to the public sewer system that
13-10.1 (Revised 1/09)
13.04.100
there is no longer any building or structure for
human occupation or use or for any business pur-
pose located thereon and that the toilet and other
facilities therein have been removed, disconnected
and properly plugged from the public sewer sys-
tem, and upon inspection by the superintendent or
his designated representative to ascertain that the
statement is true, the sewer charges shall cease as
of the first day of the following month. (Ord. 1897
§ 11, 2003; Ord. 1799 § 11, 2000).
13.04.100 Cross connections.
The installation or maintenance of any cross
connection which would endanger the water sup-
ply of the city of Port Orchard is prohibited. Such
cross connections are declared to be a public health
hazard and shall be abated.
The control or elimination of cross connections
shall be in accordance with WAC 246-290-490.
The policies, procedures and criteria for determin-
ing appropriate levels of protection shall be in
accordance with the Accepted Procedure and Prac-
tice in Cross Connection Control Manual — Pacific
Northwest Section — American Water Works Asso-
ciation, Fourth Edition, or any superseding edition.
It shall be the responsibility of the city to protect
the potable water system from contamination or
pollution due to cross connections. Water service
to any premises shall be contingent upon the cus-
tomer providing cross connection control in a man-
ner approved by the city engineer. Backflow
prevention assemblies required to be installed shall
be a model approved by the Kitsap County health
department.
The city engineer, or his designated representa-
tive with proper identification, shall have free
access at reasonable hours of the day to all parts of
the premises or within the building to which the
water is supplied. Water service may be refused or
terminated to any premises for failure to allow nec-
essary inspections. (Ord. 1897 § 12, 2003; Ord.
1799 § 12, 2000).
13.04.110 Emergency water supply conditions.
Whenever an emergency exists affecting the
water supply of the city and it becomes necessary
to curtail the use of water through regulation and
control of the use thereof, the mayor shall declare
such an emergency. Notice of the emergency shall
be published in the official newspaper by the city
clerk, setting forth rules under which water will be
used. The notice may include defining zones for
use of water and setting forth hours during which
lawn sprinkling may be done. The notice shall
include any restriction, as approved by the city
council, on the use of water that is deemed neces-
sary for the welfare of the inhabitants of the city
and other users of city water. Such notice and reg-
ulations established for the emergency shall be
subject to change and shall be in full force and
effect throughout the emergency. Any changes in
such regulations as published shall likewise be
published before taking effect. Regulations estab-
lished for the emergency shall remain in effect
until notice is published that the emergency has
passed. (Ord. 1897 § 13, 2003; Ord. 1799 § 13,
2000).
13.04.120 Damaging the utility system.
No unauthorized person shall maliciously, will-
fully or negligently break, damage, destroy, un-
cover, deface or tamper with any structure, appur-
tenance or equipment that is part of the public water
or sewer system. No person shall connect another
structure, apartment, or dwelling unit with a tempo-
rary hose or other pipe not permitted by the Uni-
form Plumbing Code for the purpose of providing
water to that structure, apartment, or dwelling unit.
(Ord. 1897 § 14, 2003; Ord. 1799 § 14, 2000).
13.04.130 Discharging of sewerage.
It shall be unlawful to discharge or cause to be
discharged into the city sewer system, or cause to
be placed where they are likely to run, leak or
escape into the public sewer, any of the following:
(1) Ashes, cinders, sand, earth, rubbish, mud,
straw, shavings, metal, glass, rags, feathers, tar,
plastic, wood, or any matter which is capable of or
likely to obstruct or interfere with the capacity or
operation of the public sewer;
(2) Gasoline, benzine, naphtha, fuel oil, lubri-
cating oil or any other matter which is inflammable
or explosive upon introduction to the public sewer;
(3) Any matter having a temperature greater
than 150 degrees Fahrenheit;
(4) Sewage containing suspended solids in
excess of 350 milligrams per liter;
(5) Sewage containing grease or oil in excess of
100 parts per million by weight;
(6) Matter with a BOD greater than 300 milli-
grams per liter;
(Revised 1/09) 13-10.2
Port Orchard Municipal Code
13.04.160
(7) Sewage with a pH lower than 5.5 and
greater than 9.0;
(8) Garbage that has not been properly shred-
ded;
(9) Sewage containing toxic or poisonous sub-
stances in sufficient quantity to injure or interfere
with any sewage treatment process or constituting
a hazard in the receiving waters of the sewage
treatment plant;
(10) Any noxious or malodorous matter capa-
ble of creating a public nuisance;
(11) Waters from irrigation, storm drains, sump
pumps, surface runoff, roof runoff, subsurface
drainage, ponds or reservoirs. When an unautho-
rized hookup of a drain or excess infiltration is
found to exist, the city engineer shall notify the
property owner that corrective action is required
and shall be accomplished within 60 calendar days.
The city engineer may allow drainage of areas, not
to exceed 750 square feet, if that area cannot be
economically drained other than by using the sani-
tary sewer system;
(12) Contents from any septic tank or cesspool;
(13) Any unauthorized use of an established
recreational vehicle dump station for other than
recreational vehicles or camp trailers. (Ord. 1897
§ 15, 2003; Ord. 1799 § 15, 2000).
13.04.140 Connection to sewer.
(1) The owner of each lot or parcel of real prop-
erty within the city shall connect to the public
sewer system if the public sewer system is within
200 feet of the lot or parcel and if one of the follow-
ing conditions occurs:
(a) A new building or structure is con-
structed on an undeveloped parcel or lot and use of
the new building or structure generates wastewa-
ter;
(b) An existing building or structure, which
is served by an existing septic tank and drainfield,
is remodeled or repaired in such a manner that the
drainfield would have to be expanded, as required
by the health officer. In such a case, the entire
structure would have to be served by the public
sewer system;
(c) The existing drainfield has failed and
needs repair or replacement, as determined by the
health officer.
(2) The city council may schedule a public
hearing to review the circumstances of the property
to be connected to the sewer system, if requested
by the property owner. The city council may mod-
ify or remove the requirements of mandatory sewer
connection, if it deems it necessary. (Ord. 1897
§ 16, 2003; Ord. 1799 § 16, 2000).
13.04.150 Side sewer responsibilities.
That portion of any side sewer pipe lying within
a street right-of-way or easement shall be kept
within the exclusive control of the city. That por-
tion of the side sewer lying beyond said right-of-
way or easement shall be the responsibility of the
sewer customer which is served by the pipe.
When a side sewer is blocked, it is the responsi-
bility of the sewer customer to remove the block-
age. If the blockage is shown to the satisfaction of
the city council to be within the right-of-way or
easement, the city council may reimburse all or
part of the cost to remove the blockage. (Ord. 1897
§ 17, 2003; Ord. 1799 § 17, 2000).
13.04.160 Industrial sewer users.
(1) All major contributing industrial users of
the public sewer system shall be required to enter
into an agreement with the city of Port Orchard to
provide for the payment of their proportionate
share of the federal share of the capital costs of the
sewage project allocable to the treatment of such
industrial waste.
(2) The recovery of the proportionate share of
costs shall be determined by agreement between
the city and the industrial user. The share of costs
shall be based upon all factors, which significantly
influence the cost of the treatment works, and shall
be repaid, without interest, in at least annual pay-
ments during the recovery period, not to exceed the
life of the project or 30 years. In the event the city
and users cannot agree as to the proportionate share
to be repaid to the city, said proportionate share
shall be determined by arbitration and the arbitrator
shall be appointed by the presiding judge of the
Kitsap County superior court.
(3) All major contributing users discharging
into the treatment works shall be required to com-
ply, within three years, with the pretreatment stan-
dards established by the Environmental Protection
Agency. In accordance with the pretreatment
requirements, major industries are defined as those
industries that:
(a) Have a wastewater flow of 50,000 gal-
lons, or more, per average day;
13-10.3 (Revised 1/09)
13.04.170
(b) Have a wastewater flow greater than one
percent of the flow carried by the municipal system
receiving the waste;
(c) Include the discharge of a toxic material.
(Ord. 1897 § 18, 2003; Ord. 1799 § 18, 2000).
13.04.170 Violation.
Any person who violates any of the provisions
of this chapter shall become liable to the city for
any expense, loss or damage occasioned by the city
by reason of such violation. Such person will be
charged for any damage and may be assessed a
civil penalty in an amount not to exceed $5,000.
Every day that the person is in violation shall be
considered a separate event and may be charged as
such under this section. (Ord. 1897 § 19, 2003;
Ord. 1799 §§ 19, 20, 2000).
13.04.180 Appeals.
The person may appeal the penalty to the city
council; provided, that the appeal is made in writ-
ing and filed with the city clerk within 15 calendar
days from the date of notice imposing the penalty.
The failure to appeal will constitute a waiver of all
rights to an administrative hearing and determina-
tion of the matter. (Ord. 1897 § 20, 2003).
Chapter 13.06
STORM DRAINAGE UTILITY
Sections:
13.06.010
Purpose.
13.06.020
Storm drainage utility established.
13.06.030
Powers and authority.
13.06.040
Utility to be administered by director
of public works.
13.06.050
Storm drainage utility fund.
13.06.060
Definitions.
13.06.070
Storm drainage rate policy.
13.06.080
Storm drainage service charge
calculation.
13.06.090
Undeveloped real property.
13.06.100
Storm drainage service charges.
13.06.110
Property exempt from service charges.
13.06.120
Billing — Payment — Penalty — Lien.
13.06.130
Annual review of charges.
13.06.140
Effective date.
13.06.010 Purpose.
The purpose of this chapter is to:
(1) Promote public health, safety, and general
welfare.
(2) Reduce loss and property damage caused by
drainage problems.
(3) Minimize water quality degradation and
control erosion and sedimentation of creeks,
streams, ponds, and other water bodies.
(4) Protect the public from stormwater runoff
and erosion originating on developing land.
(5) Minimize adverse effects of alteration of
groundwater quantities, locations, and flow pat-
terns.
(6) Ensure the orderly growth of a storm drain-
age system for the city of Port Orchard.
(7) Identify the rates, fees, and charges neces-
sary for the financial support of the storm drainage
utility. (Ord. 036-08 § 2).
13.06.020 Storm drainage utility established.
The city of Port Orchard hereby creates and
establishes, pursuant to Chapters 35.23 and 35.67
RCW and Article 11, Section 11 of the Washington
State Constitution, a storm drainage utility to pro-
vide for the operation and control of storm drain-
age and surface water management within the city
and hereby exercises jurisdiction and control
thereof. (Ord. 036-08 § 3).
(Revised 1/09) 13-10.4
Port Orchard Municipal Code
13.06.070
13.06.030 Powers and authority.
The city hereby elects to exercise all lawful
powers and authority for the planning, design, con-
struction, maintenance, administration, operation,
acquisition, and condemnation of property rights
and regulation of storm drainage and surface water
runoff systems including, without limitation, all
lawful powers to fix, alter, regulate, and control the
charges and conditions of the use thereof. (Ord.
036-08 § 4).
13.06.040 Utility to be administered by
director of public works.
The storm drainage utility shall be administered
by the director of public works or other official
designated by the mayor. (Ord. 036-08 § 5).
13.06.050 Storm drainage utility fund.
There is hereby designated a storm drainage
utility fund into which all revenues, charges,
grants, taxes, and money from other sources shall
be deposited and from which all expenditures
related to the city's storm drainage and surface
water management system shall be paid. This fund
shall be kept in the manner prescribed by state law
as to accounting and reporting procedures and
requirements. (Ord. 036-08 § 6).
13.06.060 Definitions.
The following words when used in this chapter
shall have the following meanings, unless the con-
text clearly indicates otherwise:
(1) "City" shall mean the city of Port Orchard,
Washington, a municipal corporation created and
existing under the laws of the state of Washington.
(2) "Commercial" shall mean all property
zoned or used for commercial, retail, industrial, or
community purposes.
(3) "Developed" shall mean that condition of
real property altered from its natural state by the
addition to or construction on such property of
impervious ground cover or other manmade physi-
cal improvements (such as clearing or grading)
such that the hydrology of the property or portion
thereof is materially affected.
(4) "Impervious ground cover" shall mean
those hard surfaces which either prevent or retard
the entry of water into the soil in the manner that
such water entered the soil under natural conditions
preexistent to development, or which cause water
to run off the surface in greater quantities or at an
increased rate of flow than that present under natu-
ral conditions preexistent to development, includ-
ing, without limitation, such surfaces as rooftops,
asphalt or concrete sidewalks, paving, driveways
and parking lots, walkways, patio areas, storage
areas, and gravel, oiled macadam or other surfaces
which similarly affect the natural infiltration or
runoff patterns existing prior to development.
Excluded, however, are all lawns, agricultural
areas, and landscaped areas.
(5) "Impervious surface unit (ISU)" shall mean
3,000 square feet of impervious ground cover and
is the measure of impervious ground cover to be
used by the utility in assessing service charges.
(6) "Multifamily" shall mean any residential
structure designed for occupancy by four or more
family households in which the residents share one
or more common walls or the units are stacked on
multiple floors.
(7) "Service charge" shall mean the monthly
fee levied by the utility.
(8) "Undeveloped" shall mean that condition of
real property unaltered by the construction on or
addition to such property of impervious ground
cover or physical manmade improvements of any
kind that change the hydrology of the property
from its natural state.
(9) "Utility" means the storm drainage utility
established by Ordinance No. 036-08, passed on
October 14, 2008. (Ord. 037-08 § 1).
13.06.070 Storm drainage rate policy.
The charges for storm drainage services shall be
as set forth in this chapter and shall be adequate,
except in cases of emergency, to provide for
administration, engineering and legal expenses,
system operations and maintenance expenses; debt
service requirements; funding of replacement
reserves accounts; and system improvement
projects. The rate structure for establishing the
amount of service charges assessed against each
parcel of developed real property within the bound-
aries of the utility shall be based upon the amount
of impervious ground cover contained within each
parcel. Except for those properties set forth in
POMC 13.06.110, all public entities and public
property shall be subject to charges for storm
drainage services to the same extent as private per-
sons and property. (Ord. 037-08 § 2).
13-10.5 (Revised 1/09)
13.06.080
13.06.080 Storm drainage service charge
calculation.
(1) Three thousand square feet of impervious
ground cover shall be equal to one impervious sur-
face unit (ISU).
(2) All single-family residential accounts
(including mobile homes) are deemed to contain
one equivalent ISU for purposes of the monthly
storm drainage utility service charge.
(3) For the first 12 months following the effec-
tive date of the service charges, multifamily and
commercial accounts shall pay a service charge
based on the presumption that 85 percent of the lot
is impervious surface.
(4) The utility shall determine the actual num-
ber of ISUs contained on multifamily and commer-
cial properties, and after the first 12 months
following the effective date of the service charges
these accounts shall pay a service charge to be cal-
culated as follows: actual impervious ground
cover/3,000 square feet x single-family rate. In
making the calculation, fractions shall be disre-
garded except where such calculation results in a
fraction greater than one-half, in which case the
number shall be adjusted to the next higher whole
number. (Ord. 037-08 § 3).
13.06.090 Undeveloped real property.
Those properties remaining in an undeveloped
condition are deemed not to make use of the ser-
vices of the utility or its facilities beyond that used
by such property in the natural state. Therefore, no
service charge shall be imposed upon that real
property within the boundaries of the utility that is
undeveloped. (Ord. 037-08 § 4).
13.06.100 Storm drainage service charges.
In accordance with the basis for a rate structure
set forth in POMC 13.06.070 and 13.06.080, there
is levied upon all developed real property within
the boundaries of the utility the following service
charges which shall be collected from the owners
of such properties:
(1) For all single-family residential accounts,
including mobile homes, the monthly service
charge shall be $7.00.
(2) For all duplexes and triplexes, the monthly
service charge shall be $7.00 for each residential
unit.
(3) For all other developed property, including
but not limited to multifamily and commercial
accounts, the monthly service charge shall be
$7.00, multiplied by the number of ISUs deter-
mined by the utility to be contained in such parcel
pursuant to POMC 13.06.080. (Ord. 037-08 § 5).
13.06.110 Property exempt from service
charges.
The following categories of property are exempt
from service charges:
(1) City street rights -of -way, all of which are
part of the storm drainage system pursuant to the
plan; and
(2) State of Washington and Kitsap County
rights -of -way. (Ord. 037-08 § 6).
13.06.120 Billing — Payment — Penalty — Lien.
(1) The storm drainage service charges shall be
billed bimonthly to the current property owner by
the city treasurer on the last day of the bimonthly
billing period. It shall be the responsibility of the
property owner to notify the city upon change of
ownership.
(2) The charges shall be due to the city trea-
surer, who is authorized and empowered to collect
and receipt for such payments, on the first day of
the month following the receipt of services.
(3) Charges remaining unpaid 25 days after the
due date shall be considered delinquent and shall
be subject to an additional charge of 10 percent of
the unpaid balance as a penalty.
(4) The city of Port Orchard may disconnect
water service for any customer whose bill for storm
drainage services is more than 30 days delinquent,
in which case the shutoff and reconnect fees set
forth in POMC 13.04.050 apply. Termination of
water service shall not limit other remedies avail-
able to the city.
(5) Pursuant to RCW 35.21.290 and 35.67.200,
the city treasurer is directed to prepare and file a
lien against any property where storm drainage
charges remain unpaid for four months. A fee of
$100.00 will be put on the account when the lien is
filed. Such liens shall be effective and shall be
enforced and foreclosed in the same manner as pro-
vided for sewerage liens of cities and towns by
RCW 35.67.200 et seq., except that the service
charge lien shall be effective for a total not to
exceed one year's delinquent service charges with -
(Revised 1/09) 13-10.6
Port Orchard Municipal Code
13.06.140
out the necessity of any writing or recording the
lien with the county auditor, as provided for in
RCW 35.67.215. (Ord. 037-08 § 7).
13.06.130 Annual review of charges.
The charges established by this chapter and any
other ordinances of the city council establishing
charges and fees for the utility shall be reviewed
annually. Subsequent to such review, the mayor
shall present to the city council a yearly budget for
the utility and proposed amendments to any rates
and charges necessary, for the city council's
approval. (Ord. 037-08 § 8).
13.06.140 Effective date.
The service charges established in this chapter
shall apply to all storm drainage services provided
on or after January 1, 2009. (Ord. 037-08 § 9).
13-10.7 (Revised 1/09)
This page left intentionally blank.
(Revised 1/09) 13-10.8
Port Orchard Municipal Code
14.04.100
time may vary with the complexity of the project,
availability of staff, cooperation of agencies with
jurisdiction or expertise, etc. The time estimates
contained herein shall not be construed to be man-
datory. For the purposes of this section the word
"day" shall mean a day upon which the city's
administrative offices are open for business.
(1) Categorical Exemptions. The city will nor-
mally identify whether an action is categorically
exempt within 10 days of receiving a completed
application.
(2) Threshold Determinations.
(a) The city will normally complete thresh-
old determinations for proposals that can be based
solely upon review of the environmental checklist
for the proposal within 14 days of the determina-
tion of a complete application.
(b) When the responsible official requires
further information from the applicant or consults
with other agencies with jurisdiction:
(i) The city will normally request such
further information within 28 days of receiving an
application;
(ii) The city will wait no longer than 15
days for a consulted agency to respond;
(iii) The responsible official shall issue a
threshold determination at least 15 days prior to a
public hearing on a proposal, if a public hearing is
required. If a public hearing is not required, a
threshold determination shall not be issued until
the public comment period on a notice of applica-
tion has expired.
(c) When the city must initiate further stud-
ies, including field investigations, to obtain the
information to make the threshold determination,
the city will normally complete the studies within
30 days of receiving a complete application.
(d) The responsible official will normally
respond to a request for early notice within 10
days. The threshold determination will normally be
made within 15 days of receipt of the changed or
clarified proposal, environmental checklist and/or
permit application. (Ord. 1774 § 2(7), 1999).
14.04.080 Categorical exemptions — Adoption
by reference.
The city adopts the following rules for categori-
cal exemption of Chapter 197-11 WAC, as now
existing or hereinafter amended, by reference, as
supplemented in this chapter:
WAC
197-11-800 Categorical exemptions.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change
exemptions.
(Ord. 1774 § 2(8), 1999).
14.04.090 Flexible thresholds for categorical
exemptions.
The city establishes the following exempt levels
for minor new construction under WAC 197-11-
800(1)(c):
(1) For residential dwelling units in WAC 197-
11-800(1)(c)(i): Up to four dwelling units.
(2) For buildings in WAC 197-11-800(1)(c)(ii):
Up to 12,000 square feet.
(3) For parking lots in WAC 197-11-
800(1)(c)(iv): Up to 20 parking spaces.
(4) For landfills and excavations in WAC 197-
11-800(1)(c)(v): Up to 500 cubic yards. (Ord. 048-
07 § 1; Ord. 1774 § 2(9), 1999).
14.04.100 Categorical exemptions
determination.
(1) When the city receives an application for a
license, permit, or, in the case of governmental pro-
posals, a department initiates a proposal, the
responsible official shall determine whether the
license and/or the proposal is exempt from envi-
ronmental review under this chapter. The determi-
nation that a proposal is exempt shall be final and
not subject to administrative appeal. If a proposal
is exempt, none of the procedural requirements of
this chapter shall apply to the proposal.
(2) In determining whether or not a proposal is
exempt, the responsible official shall make certain
the proposal is properly defined and shall identify
the governmental license or permit required. If a
proposal includes exempt and nonexempt actions,
the responsible official shall determine the lead
agency even if the license application that triggers
the consideration is exempt.
(3) If a proposal includes both exempt and non-
exempt actions, the city may authorize exempt
actions prior to compliance with the procedural
requirements of this chapter, except that:
(a) The city shall not give authorization for:
(i) Any nonexempt action;
(ii) Any action that would have an
adverse environmental impact; or
14-5 (Revised 1/09)
14.04.110
(iii) Any action that would limit the
choice of reasonable alternatives;
(b) The city may withhold approval of any
permit, application or proposal, the basis of which
is an exempt action that would lead to modification
of the physical environment, when such modifica-
tion would serve no purpose if the nonexempt
actions were not approved; and
(c) The city may withhold approval of any
permit, application or proposal, the basis of which
is an exempt action that would lead to substantial
financial expenditures by a private applicant when
the expenditures would serve no purpose if the
nonexempt actions were not approved.
(d) A planned action as defined in RCW
43.21C.031(2) does not require a threshold deter-
mination or the preparation of an environmental
impact statement under this chapter, but is subject
to environmental review and mitigation as pro-
vided in this chapter. (Ord. 1774 § 2(10), 1999).
14.04.110 Determination — Review at
conceptual stage.
(1) Preapplication conferences shall also
address environmental issues to familiarize the
applicant with the city's SEPA regulations, pro-
cess, policies and objectives.
(2) If the city's only action on a proposal is a
decision on a building permit or other license that
requires detailed project plans and specifications,
the applicant may request in writing that the city
conduct environmental review prior to submission
of the detailed plans and specifications.
(3) In addition to the environmental documents
an applicant shall submit the following information
for early environmental review:
(a) A copy of any permit or license applica-
tion; and
(b) Other information as the responsible
official may determine. (Ord. 1774 § 2(11), 1999).
14.04.120 Threshold determinations —
Environmental checklist.
(1) A completed environmental checklist shall
be filed at the same time as an application for a per-
mit, license, certificate or other approval not
exempted by this chapter. The checklist shall be the
form of WAC 197-11-960 with such additions that
may be required by the responsible official in
accordance with WAC 197-11-906(4).
(2) A checklist is not needed if the city and the
applicant agree an EIS is required, SEPA compli-
ance has been completed, or SEPA compliance has
been initiated by another agency or adoption of a
previous document.
(3) For private proposals, the applicant is
required to complete the environmental checklist.
The city may provide assistance as necessary. For
city proposals the department initiating the pro-
posal shall complete the environmental checklist
for that proposal.
(4) The city may decide to complete all or part
of the environmental checklist for a private pro-
posal, if any of the following occurs:
(a) The city has technical information on a
question or questions that is unavailable to the pri-
vate applicant; or
(b) The applicant has provided inaccurate
information on previous proposals or on proposals
currently under consideration.
(5) The applicant shall pay to the city the actual
costs of providing information under subsection
(4)(a) of this section. (Ord. 1774 § 2(12), 1999).
14.04.130 Completed environmental checklist
defined.
(1) An environmental checklist is deemed com-
pleted when the following information is provided:
(a) All information as requested in the
checklist is provided, including complete
responses to all questions in the checklist.
(b) All plans and illustrations as required
per the applicable city code are submitted with the
environmental checklist.
(c) The required number of copies of the
checklist and associated plans and illustrations are
submitted, as per the applicable city code.
(d) Checklist is properly signed and dated.
(e) All applicable fees as established in the
city's fee schedule are paid.
(2) Incomplete or inaccurate responses to the
questions within the checklist shall be grounds for
reserving a threshold determination on a proposal,
including the scheduling of any public hearings as
may be required, until such time as the information
is provided by the applicant. Any period during
which an applicant has been requested by the city
to correct plans, perform required studies or pro-
vide additional required information shall not be
included in the 120-day project permit processing
time. (Ord. 1774 § 2(13), 1999).
(Revised 1/09) 14-6
Port Orchard Municipal Code
15.04.010
Sections:
Chapter 15.04 (1) One-story detached accessory structures
used as tool and storage sheds, playhouses
BUILDING CODE and similar uses, provided the floor area does
not exceed 120 square feet (11 m2).
15.04.010 Building codes adopted.
15.04.020 Repealed.
15.04.030 Height restrictions.
15.04.040 Repealed.
15.04.050 Repealed.
15.04.060 Repealed.
15.04.010 Building codes adopted.
(1) The 2006 Editions of the following codes as
adopted by the Washington State Building Code
Council, together with the appendices of such
codes as specified herein, are hereby adopted as the
official building codes of the city of Port Orchard
as though fully set forth herein:
(a) International Building Code, excluding
Chapter 11 (accessibility), together with Appendi-
ces B, E, and F;
(b) International Mechanical Code, together
with Appendices A, H, and 1;
(c) International Fuel Gas Code; and
(d) International Residential Code, together
with Appendices H and M, and excluding Chapter
41 (swimming pools), Section 302, and Table
302. 1; and specifically retaining Section 302 of the
2003 Edition of the International Residential Code
as adopted by the State Building Code Council.
(2) The 1997 Edition of the Uniform Code for
the Abatement of Dangerous Buildings, together
with the appendices, as published by the Interna-
tional Conference of Building Officials, is hereby
readopted as the official code of the city of Port
Orchard as though fully set forth herein. A copy of
the code referenced herein is on file with the city
clerk.
(3) The 2006 Edition of the International Build-
ing Code, as adopted herein, is amended to read as
follows:
(a) Subsection 105.2 is amended to read as fol-
lows:
105.2 Work exempt from permit. Exemptions
from permit requirements of this code shall not
be deemed to grant authorization for any work
to be done in any manner in violation of the pro-
visions of this code or any other laws or ordi-
nances of this jurisdiction. Permits shall not be
required for the following:
(2) Fences not over 6 feet (1,829 mm) high.
(3) Oil derricks.
(4) Retaining walls which are not over 4 feet
(1,219 mm) in height measured from the bottom
of the footing to the top of the wall, unless sup-
porting a surcharge or impounding Class I, II or
III -A liquids.
(5) Water tanks supported directly on grade if
the capacity does not exceed 5,000 gallons
(18,925 L) and the ratio of height to diameter or
width does not exceed 2 to 1.
(6) Sidewalks and driveways not more than 30
inches (762 mm) above grade and not over any
basement or story below and which are not part
of an accessible route.
(7) Painting, papering, tiling, carpeting, cabi-
nets, counter tops and similar finish work.
(8) Temporary motion picture, television and
theater stage sets and scenery.
(9) Prefabricated swimming pools accessory to
a Group R-3 occupancy, as applicable in Sec-
tion 101.2, which are less than 24 inches (610
mm) deep, do not exceed 5,000 gallons
(18,925 L) and are installed entirely above
ground.
(10) Shade cloth structures constructed for
nursery or agricultural purposes and not includ-
ing service systems.
(11) Swings and other playground equipment
accessory to detached one- and two-family
dwellings.
(12) Window awnings supported by an exterior
wall which do not project more than 54 inches
(1,372 mm) from the exterior wall and do not re-
quire additional support of Group R-3, as appli-
cable in Section 101.2, and Group U
occupancies.
(13) Nonfixed and movable fixtures, cases,
racks, counters and partitions not over 5 feet 9
inches (1,753 mm) in height.
(b) A new Subsection 108.7 is added to read as
follows:
15-3 (Revised 1/09)
15.04.020
The Building Official is authorized to waive the
Permit Fee and Plan Review specified in the In-
ternational Building Code and in the Uniform
Plumbing Code upon satisfaction of the follow-
ing conditions:
(1) The permit is for a residential unit of an
owner/occupier who is 60 years or older with a
maximum annual income, together with all per-
sons in the household, below the poverty line
as established by the Office of Management &
Budget in Washington D.C.
(2) The work is for essential repairs and im-
provements, such as insulation, weatheriza-
tion, roof repairs, structural repairs or essential
plumbing repairs.
(3) The owner/occupant of the home com-
pletes a form supplied by the Building Official
requesting exception from the Building Permit
Fees.
(4) International Residential Code (IRC) Table
R301.2(1) is amended in the blanks of the table as
follows:
Ground Snow Load = 30 psf
Wind Speed = 85 mph
Seismic Design Category = D2
Weathering = Moderate
Frost Line Depth = 12 inches
Termite = Slight to Moderate
Decay = Moderate to Severe
Winter Design Temp = 26
Ice Shield Underlayment Required = No
Flood Hazards = (a) 1980, (b) 1980
Air Freezing Index = 148
Mean Annual Temp = 51.4
(5) The following code, as adopted by the
Washington State Building Code Council, together
with the appendices of such code, as applicable, is
hereby adopted as the official building code of the
city of Port Orchard as though fully set forth
herein:
(a) Washington State Historic Building
Code. (Ord. 012-07 § 1; Ord. 007-06 § 1; Ord.
1945 § 1, 2004; Ord. 1735 § 2, 1998; Ord. 1729 §
2, 1998).
15.04.020 Security code amended.
Repealed by Ord. 1945. (Ord. 1729 § 3, 1998).
15.04.030 Height restrictions.
The Uniform Building Code shall not supersede
height restrictions as specified in the city zoning
ordinance. (Ord. 1729 § 4, 1998).
15.04.040 Exit requirements.
Repealed by Ord. 1677. (Ord. 916 § 1, 1973;
Ord. 893 § 3, 1972).
15.04.050 Building height restriction.
Repealed by Ord. 1677. (Ord. 1068 § 1, 1978;
Ord. 737 § 5, 1965).
15.04.060 Fire zones.
Repealed by Ord. 1677. (Ord. 950 § 1, 1975;
Ord. 906 § 1, 1973; Ord. 750 § 1, 1966; Ord. 737 §
6, 1965).
(Revised 1/09) 15-4
Port Orchard Municipal Code
15.12.030
Chapter 15.08
PLUMBING CODE
Sections:
15.08.010 Adoption of the Uniform Plumbing
Code.
15.08.020 Penalty for violation.
15.08.010 Adoption of the Uniform Plumbing
Code.
(1) The 2006 Edition of the Uniform Plumbing
Code and Uniform Plumbing Code Standards as
adopted by the Washington State Building Code
Council, together with Appendices A, B, and D,
are adopted as the official codes and standards of
the city. One copy of said code and standards is on
file in the offices of the city clerk. The building
official shall be the administrative authority as ref-
erenced in the Uniform Plumbing Code.
(2) Any enforcement action commenced under
a prior code shall remain in full force and effect
unless the misconduct charged under the prior code
is lawful under the newer code. (Ord. 015-07 § 1;
Ord. 1945 § 3, 2004; Ord. 1864 § 1, 2002; Ord.
1727 § 2, 1998).
15.08.020 Penalty for violation.
Any person, firm or corporation violating any
provisions of this code shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall
be punishable by a fine not to exceed $300.00 or by
imprisonment for a term not to exceed 90 days, or
by both fine and imprisonment. Each separate day
or any portion thereof during which any violation
of this code occurs or continues shall be deemed to
constitute a separate offense and, upon conviction
thereof, shall be punishable as provided in this sec-
tion. (Ord. 015-07 § 1; Ord. 1727 § 3, 1998).
Chapter 15.12
FIRE PREVENTION CODE
Sections:
15.12.010 International Fire Code, 2006 Edition,
adopted.
15.12.020 Enforcement.
15.12.030 Definitions.
15.12.040 District limits for storage of flammable
and combustible liquids, liquefied
petroleum gases, and explosives and
blasting agents.
15.12.050 Appeals.
15.12.060 Violations.
15.12.070 Establishment and duties of bureau of
fire prevention.
15.12.080 Operational permits.
15.12.090 Penalties.
15.12.100 Local amendments to the 2006 Edition
of the International Fire Code, as
adopted in POMC 15.12.010.
15.12.130 Repealed.
15.12.140 Repealed.
15.12.150 Repealed.
15.12.010 International Fire Code, 2006
Edition, adopted.
The 2006 Edition of the International Fire Code,
as adopted by the Washington State Building Code
Council, including amendments, is hereby adopted,
together with Appendices B and D, except as to
local amendments as set forth in POMC 15.12.100,
as the official fire prevention code of the city of Port
Orchard, as though fully set forth herein. One copy
is on file in the office of the city clerk. (Ord. 013-
07 § 1; Ord. 1946 § 1, 2004; Ord. 1726 § 2, 1998).
15.12.020 Enforcement.
The codes hereby adopted or now in effect shall
be enforced by the fire authority. (Ord. 1946 § 2,
2004; Ord. 1726 § 3, 1998).
15.12.030 Definitions.
(1) Whenever "municipality" is used in the
International Fire Code, it means the city of Port
Orchard.
(2) Whenever "jurisdiction" or "department of
fire prevention" is used in the International Fire
Code, it means the fire authority.
15-5 (Revised 1/09)
15.12.040
(3) Whenever "counsel" is used in the code, it
means the city attorney.
(4) Whenever "police" is used in the code, it
means the city of Port Orchard police department.
(5) Whenever "fire chief' or "fire code official"
or "fire department" is used in the code, it means
the fire authority.
(6) Whenever "fire area" is used in the code, it
means the total floor area of all floor levels within
the exterior walls and under the horizontal projec-
tions of the roof of a building.
(7) Whenever "governing body" is used in the
International Fire Code, it means the city council of
Port Orchard. (Ord. 013-07 § 2; Ord. 1946 § 3,
1998; Ord. 1726 § 4, 1998).
15.12.040 District limits for storage of
flammable and combustible liquids,
liquefied petroleum gases, and
explosives and blasting agents.
The limits referred to in Chapter 34 of the fire
prevention code in which storage of flammable and
combustible liquids in outside aboveground stor-
age tanks is prohibited, the limits referred to in
Chapter 38 of the fire prevention code in which
bulk storage of liquefied petroleum gas is
restricted, and the limits referred to in Chapter 33
of the fire prevention code, in which storage of
explosives and blasting agents is prohibited, are
established as follows:
Beginning at the intersection of the outer harbor
line and the west boundary of the city; thence
southerly along the west boundary to the south-
erly margin of Bay Street thence northeasterly
along the southerly margin to the projected cen-
terline of alley in Block 2, original plat of Sidney;
thence east along the centerline of the alley to
the intersection with the centerline at Cline
Street; thence north to the centerline of the al-
ley in Block 7, original plat of Sidney; thence
east to the centerline of Austin Avenue; thence
north to the centerline of Kitsap Street; thence
east to the centerline of Seattle Street; thence
north to a point two hundred feet south of the
centerline of Bay Street; thence parallel to the
centerline of Bay Street easterly to the center-
line of Blackjack Creek to the west line of Maple
Street Waterway projected southerly; thence
northerly along the west line of Maple Street
Waterway to the outer harbor line; thence
southwesterly along the outer harbor line to the
point of beginning.
(Ord. 013-07 § 3; Ord. 1946 § 4, 2004; Ord. 1726
§ 5, 1998).
15.12.050 Appeals.
Whenever the fire authority shall disapprove an
application or refuse to grant a permit applied for,
or when it is claimed that the provisions of the
codes do not apply or that the true intent and mean-
ing of the codes have been misconstrued or
wrongly interpreted, the applicant may appeal from
the decision of the fire authority within 30 days
from the date of the decision in accordance with
Section 108 of the 2006 Edition of the International
Fire Code, as adopted herein. (Ord. 013-07 § 4;
Ord. 1946 § 6, 2004; Ord. 1726 § 8, 1998. For-
merly 15.12.070).
15.12.060 Violations.
(1) Any person who shall violate any of the pro-
visions of the codes hereby adopted or fail to com-
ply therewith, or who shall violate or fail to comply
with any order made thereunder, or who shall build
in violation of any detailed statement of specifica-
tions or plans submitted thereunder, and from
which no appeal has been taken, or who shall fail
to comply with such an order as affirmed or modi-
fied by the city council or by a court of competent
jurisdiction, within the time fixed herein, shall for
each and every such violation and noncompliance
respectively be guilty of a misdemeanor.
(2) The application of this section shall not be
held to prevent the enforced removal of prohibited
conditions. (Ord. 1946 § 7, 2004; Ord. 1726 § 9,
1998. Formerly 15.12.080).
15.12.070 Establishment and duties of bureau
of fire prevention.
(1) The adopted code shall be enforced and
administered by the fire authority.
(2) The fire code official in charge of the bureau
of fire prevention shall be appointed by the fire
chief on the basis of examination to determine
his/her qualifications.
(3) The fire authority may detail such members
of the fire department as inspectors as shall from
time to time be necessary. (Ord. 013-07 § 5; Ord.
1946 § 9, 2004; Ord. 1726 § 11, 1998. Formerly
15.12.100).
(Revised 1/09) 15-6
Port Orchard Municipal Code
15.12.100
15.12.080 Operational permits.
Upon approval of the governing body, the fire
authority for the city of Port Orchard shall be
allowed to require the issuance of operational per-
mits, per Section 105.1.2(1), and any new materi-
als, processes or occupancies which will require
operational permits, in addition to those now enu-
merated in said code. The fire authority shall post
such list in a conspicuous place in the fire authority
office and distribute copies thereof to interested
parties. (Ord. 013-07 § 6; Ord. 1946 § 10, 2004;
Ord. 1726 § 12, 1998. Formerly 15.12.110).
15.12.090 Penalties.
Persons who shall violate a provision of this
code or shall fail to comply with any of the require-
ments thereof or who shall erect, install, alter,
repair or do work in violation of the approved con-
struction documents or directive of the fire code
official, or of a permit or certificate used under pro-
visions of this code, shall be guilty of a misde-
meanor, punishable by a fine of not more than
$475.00 or by imprisonment not exceeding 90
days, or both such fine and imprisonment. Each
day that a violation continues after due notice has
been served shall be deemed a separate offense.
(Ord. 1946 § 11, 2004).
15.12.100 Local amendments to the 2006
Edition of the International Fire
Code, as adopted in POMC
15.12.010.
The city of Port Orchard adopts, as local amend-
ments, and further amends the following sections
of the 2006 Edition of the International Fire Code
as adopted by the Washington State Building Code
Council, including amendments to Appendices B
and D as follows:
Section 102.6:
102.6 Referenced codes and standards. The
codes and standards referenced in this code
shall be those that are listed in Chapter 45 and
such codes and standards shall be considered
part of the requirements of this code to the pre-
scribed extent of each such reference as inter-
preted by the fire code official. Where
differences occur between the provisions of this
code and the referenced standards, the provi-
sions of this code shall apply.
Section 503:
503.1 Where required. Fire apparatus access
roads shall be provided and maintained in ac-
cordance with Section 503 and Appendix D.
503.1.1 Buildings and facilities. Approved fire
apparatus access roads shall be provided for
every facility, building or portion of a building
hereafter constructed or moved into or within
the jurisdiction. The fire apparatus access road
shall comply with the requirements of this sec-
tion and shall extend to within 150 feet (45,720
mm) of all portions of the facility and all portions
of the exterior walls of the first story of the build-
ing as measured by an approved route around
the exterior of the building or facility.
Exception: The fire code official is authorized to
increase the dimension of 150 feet (45,720
mm) where:
1. The building is equipped throughout with an
approved automatic sprinkler system installed
in accordance with Section 903.3.1.1,
903.3.1.2 or 903.3.1.3.
2. Fire apparatus access roads cannot be in-
stalled because of location on property, topog-
raphy, waterways, nonnegotiable grades or
other similar conditions, and an approved alter-
native means of fire protection is provided.
3. There are not more than two Group R-3 or
Group U occupancies.
503.1.2 Additional access. The fire code official
is authorized to require more than one fire ap-
paratus access road based on the potential for
impairment of a single road by vehicle conges-
tion, condition of terrain, climatic conditions or
other factors that could limit access.
503.1.3 High -piled storage. Fire department ve-
hicle access to buildings used for high -piled
combustible storage shall comply with the ap-
plicable provisions of Chapter 23.
503.2 Specifications. Fire apparatus access
roads shall be installed and arranged in accor-
dance with Sections 503.2.1 through 503.2.7.
503.2.1 Dimensions. Fire apparatus access
roads shall have an unobstructed width of not
less than 20 feet (6,096 mm), except for ap-
proved security gates in accordance with Sec-
tion 503.6, and an unobstructed vertical
clearance of not less than 13 feet 6 inches
(4,115 mm).
15-7 (Revised 1/09)
15.12.100
503.2.2 Authority. The fire code official shall
have the authority to require an increase in the
minimum access widths where they are inade-
quate for fire or rescue operations.
503.2.3 Surface. Fire apparatus access roads
shall be designed and maintained to support
the imposed loads of fire apparatus and shall
be surfaced so as to provide all-weather driving
capabilities.
503.2.4 Turning radius. The required turning ra-
dius of a fire apparatus access road shall be 35
ft. inside radius and 48 ft. outside radius for
commercial and 25 ft. inside and 40 ft. outside
radius for residential.
503.2.5 Dead ends. Dead-end fire apparatus
access roads in excess of 150 feet (45,720
mm) in length shall be provided with an ap-
proved area for turning around fire apparatus.
503.2.6 Bridges and elevated surfaces. Where
a bridge or an elevated surface is part of a fire
apparatus access road, the bridge shall be con-
structed and maintained in accordance with
AASHTO Standard Specification of Highway
Bridges able to support loads of 60,000
pounds. Bridges and elevated surfaces shall be
designed for a live load sufficient to carry the
imposed loads of fire apparatus. Vehicle load
limits shall be posted at both entrances to bridg-
es when required by the fire code official.
Where elevated surfaces designed for emer-
gency vehicle use are adjacent to surfaces
which are not designed for such use, approved
barriers, approved signs or both shall be in-
stalled and maintained when required by the
fire code official.
503.2.7 Grade. The gradient of the fire appara-
tus access road shall not exceed 12%.
Exception: Gradient of the fire apparatus ac-
cess road may be increased up to 15% if all
buildings are protected by an approved auto-
matic fire sprinkler system. Gradients of fire ap-
paratus access road in excess of 15% will
require the approval of the Fire Chief.
503.3 Marking. Where required by the fire code
official, approved signs or other approved notic-
es shall be provided for fire apparatus access
roads to identify such roads or prohibit the ob-
struction thereof. Signs or notices shall be
maintained in a clean and legible condition at all
times and be replaced or repaired when neces-
sary to provide adequate visibility.
503.4 Obstruction of fire apparatus access
roads. Fire apparatus access roads shall not be
obstructed in any manner, including the parking
of vehicles. The minimum widths and clearanc-
es established in Section 503.2.1 shall be main-
tained at all times.
503.5 Required gates or barricades. The fire
code official is authorized to require the instal-
lation and maintenance of gates or other ap-
proved barricades across fire apparatus access
roads, trails or other access ways, not including
public streets, alleys or highways.
503.5.1 Secured gates and barricades. When
required, gates and barricades shall be se-
cured in an approved manner. Roads, trails and
other access ways that have been closed and
obstructed in the manner prescribed by Section
503.5 shall not be trespassed on or used unless
authorized by the owner and the fire code offi-
cial.
Exception: The restriction on use shall not ap-
ply to public officers acting within the scope of
duty.
503.6 Security gates. The installation of securi-
ty gates across a fire apparatus access road
shall be approved by the fire chief. Where secu-
rity gates are installed, they shall have an ap-
proved means of emergency operation. The
security gates and the emergency operation
shall be maintained operational at all times.
503.7 Residential Private Access. The maxi-
mum number of Group R-3, R-4, or Group U oc-
cupancies allowed on a private access will be 5
if a residential sprinkler system is installed in
each new structure.
Exception: There are not more than two Group
R-3, R-4, or Group U occupancies.
Section 903:
903.2 Where required. Approved automatic
sprinkler systems in new buildings and struc-
tures shall be provided in the locations de-
scribed in this section:
Exception: Spaces or areas in telecommunica-
tions buildings used exclusively for telecommu-
nications equipment, associated electrical
power distribution equipment, batteries and
standby engines, provided those spaces or ar-
eas are equipped throughout with an automatic
fire alarm system and are separated from the
remainder of the building by fire barriers con -
(Revised 1/09) 15-5
Port Orchard Municipal Code
15.12.100
sisting of not less than 1-hour fire -resistance -
rated walls and and 2-hour fire resistance -rated
floor/ceiling assemblies.
1. Where this code requires the installation of
an automatic sprinkler system to protect an oc-
cupancy within an otherwise non-sprinklered
building, then automatic sprinkler protection will
be required throughout the entire building.
2. Portions of buildings which are separated by
one or more four-hour area separation walls
constructed in accordance with the Internation-
al Building Code, without openings and provid-
ed with a 30-inch (762 mm) parapet, are
allowed to be considered as separate fire ar-
eas.
903.2.1.1 Group A -I. An automatic sprinkler
system shall be provided for Group A-1 occu-
pancies where one of the following conditions
exists:
1. The fire area exceeds 10,000 square feet
(929 m2);
2. The fire area has an occupant load of 300 or
more;
3. The fire area is located on a floor other than
the level of exit discharge; or
4. The fire area contains a multitheater com-
plex.
903.2.1.3 Group A-3. An automatic sprinkler
system shall be provided for Group A-3 occu-
pancies where one of the following conditions
exists:
1. The fire area exceeds 10,000 square feet
(929 m2);
2. The fire area has an occupant load of 300 or
more; or
3. The fire area is located on a floor other than
the level of exit discharge.
Exception: Areas uses exclusively as partici-
pant sports areas where the main floor area is
located at the same level as the level of exit dis-
charge of the main entrance and exit.
903.2.1.4 Group A-4. An automatic sprinkler
system shall be provided for Group A-4 occu-
pancies where one of the following conditions
exists:
1. The fire area exceeds 10,000 square feet
(929 m2);
2. The fire area has an occupant load of 300 or
more; or
3. The fire area is located on a floor other than
the level of exit discharge.
Exception: Areas used exclusively as partici-
pant sports areas where the main floor area is
located at the same level as the level of exit dis-
charge of the main entrance and exit.
903.2.1.6 Group B. An automatic sprinkler sys-
tem shall be provided for Group B occupancies
where the fire area exceeds 10,000 square
feet.
903.2.3 Group F-1. An automatic sprinkler sys-
tem shall be provided throughout all buildings
containing a Group F-1 occupancy where one of
the following conditions exist:
1. Where a Group F-1 fire area exceeds 10,000
square feet (929 m2);
2. Where a Group F-1 fire area is located more
than three stories above grade plane.
903.2.6 Group M. An automatic sprinkler sys-
tem shall be provided throughout buildings con-
taining a Group M occupancy where one of the
following conditions exists:
1. Where a Group M fire area exceeds 10,000
square feet (929 m2);
2. Where a Group M fire area is located more
than three stories above grade plane.
903.2.7 Group R. An automatic sprinkler sys-
tem in accordance with Section 903 shall be
provided throughout buildings containing a
Group R occupancy, including town homes and
condos where one of the following exist:
1. The fire area exceeds 5,000 square feet
(929 m2);
2. The fire area has 5 or more units; or
3. The fire area is located on a floor other than
the level of exit discharge.
903.2.8 Group S-1. An automatic sprinkler sys-
tem shall be provided throughout all buildings
containing a Group S-1 occupancy where one of
the following conditions exist:
15-9 (Revised 1/09)
15.12.130
1. Where a Group S-1 fire area exceeds 10,000
square feet (929 m2);
2. Where a Group S-1 fire area is located more
than three stories above grade plane.
Section 907:
907.2 Where required — new buildings and
structures. An approved manual and automatic
fire alarm system shall be provided in all Group
A, B, F, M and S occupancies having 4,000
square feet or greater of total floor area. An ap-
proved manual, automatic, or manual and auto-
matic fire alarm system shall be provided in
new buildings and structures in accordance
with Sections 907.2.1 through 907.2.23. Where
automatic sprinkler protection installed in ac-
cordance with Section 903.3.1.1 or 903.3.1.2 is
provided and connected to the building fire
alarm system, automatic heat detection re-
quired by this section shall not be required.
An approved automatic fire detection system
shall be installed in accordance with the provi-
sions of this code and NFPA 72. Devices, com-
binations of devices, appliances and equipment
shall comply with Section 907.1.2. The auto-
matic fire detectors shall be smoke detectors.
Where ambient conditions prohibit installation
of automatic smoke detection, other automatic
fire detection shall be allowed.
EXCEPTION: The fire code official may reduce
requirements for the fire alarm system for build-
ings protected by an approved automatic sprin-
kler system.
Appendix B:
B104.2 Area separation. Portions of buildings
which are separated by one or more four-hour
area separation walls, constructed in accor-
dance with the Building Code, without openings
and provided with a 30-inch (762 mm) parapet,
are allowed to be considered as separate fire
areas.
Appendix D:
D103.2 Grade. New fire apparatus access
roads shall not exceed 12 percent in grade.
Exception: Grades steeper than 10 percent as
approved by the fire chief. Gradient of the fire
apparatus access road may be increased up to
15% if all buildings are protected by an ap-
proved automatic fire sprinkler system. Gradi-
ents of fire apparatus access roads in excess of
15% will require approval of the fire chief.
D103.5 Fire apparatus access road gates.
Gates securing the fire apparatus access roads
shall comply with all of the following criteria:
1. The minimum gate width shall be 12 feet
(3,658 mm).
2. Gates shall be of the swinging or sliding
type.
3. Construction of gates shall be of materials
that allow manual operation by one person.
4. Gate components shall be maintained in an
operative condition at all times and replaced or
repaired when defective.
5. Electric gates shall be equipped with a
means of opening the gate by fire department
personnel for emergency access. Emergency
opening devices shall be approved by the fire
code official.
6. Manual opening gates shall not be locked
with a padlock or chain and padlock unless they
are capable of being opened by means of forc-
ible entry tools or when a key box containing
the key(s) to the lock is installed at the gate lo-
cation.
7. Locking device specifications shall be sub-
mitted for approval by the fire code official.
(Ord. 013-07 § 7; Ord. 1946 § 12, 2004; Ord. 1726
§ 13, 1998. Formerly 15.12.120).
15.12.130 Schedule of bails.
Repealed by Ord. 1946. (Ord. 1726 § 14, 1998).
15.12.140 Smoke detection devices in dwelling
units.
Repealed by Ord. 1946. (Ord. 1726 § 15, 1998).
15.12.150 Automatic fire sprinklers.*
Repealed by Ord. 1803. (Ord. 1767, 1999).
* Code reviser's note: For fire sprinkler provisions, see Chap-
ter 15.14 POMC.
(Revised 1/09) 15-10114
Port Orchard Municipal Code
15.16.030
(42) "Temporary or special event sign" means a
nonpermanent sign intended for use for a short
period of time, including banners, pennants, or
advertising displays constructed of canvas, fabric,
wood, plastic, cardboard, or wallboard, with or
without frame. Signs in this category include signs
painted on exterior window surfaces, which are
readily removed by washing, and signs referred to
in POMC 15.16.160.
(43) "Video billboard" means any billboard or
other outdoor sign, which uses television, com-
puter projections, or other similar technology to
project images to the public.
(44) "Wall frontage" means the length of an
outside building wall on a public right-of-way.
(45) "Wall sign" means a sign attached, painted
onto, or erected parallel to and extended not more
than one foot from the facade or face of any build-
ing to which it is attached and supported through-
out its entire length, with the exposed face of the
sign parallel to the plane of said wall or facade. It
is not to extend above the lowest point of a roof
surface or the top of the building parapet or which-
ever is higher. (Ord. 1924 § 2, 2003).
15.16.020 Signs prohibited.
The following types of signs are prohibited in
the city:
(1) Portable reader board signs.
(2) Signs that create a safety hazard for pedes-
trians or motorists, as determined by the police
chief or building official.
(3) Signs imitating or resembling official traffic
or government signs or signals, as determined by
the building official or police chief.
(4) Signs attached to trees, utility poles, street-
lights, rocks, or other natural features.
(5) Signs placed on vehicles or trailers, which
are parked or located on publicly owned property
for the primary purpose of displaying said sign.
This does not apply to signs or lettering on buses
and taxis or vehicles, which are advertising them-
selves for sale.
(6) Rotating signs.
(7) Displays for more than 30 consecutive days
of banners, clusters of flags, posters, pennants, rib-
bons, streamers, strings of lights, spinners, twirl-
ers, or propellers, flashing, rotating, or blinking
lights, flares, balloons or inflated signs over 24
inches in diameter, and similar devices of a carni-
val nature are permitted on a limited basis pursuant
to POMC 15.16.160. The same displays as
described above can only be on the same property
three times a year with a minimum of 30 calendar
days between each time the displays are erected.
(See also POMC 15.16.160.)
(8) Searchlights and beacons, unless otherwise
approved by conditions pursuant to POMC
15.16.160.
(9) Video billboards.
(10) Roof signs.
(11) Signs that obstruct vision or which the
building official determines to be a safety hazard
for pedestrian or vehicular traffic. Such signs may
be removed if they already exist.
(12) Signs containing statements, words, and
pictures of an obscene character.
(13) Signs which do not conform in structure or
material to Uniform Building Codes and/or Uni-
form Sign Code.
(14) Flashing signs or lights facing public prop-
erty.
(15) Signs emitting pollutants. Any sign that
emits audible sound, odor, or visible matter.
(16) Signs located in or on public right-of-way
or public property, with the following exceptions:
(a) Signs that are attached to the downtown
marquee and sandwich/sidewalk signs which meet
the city standards for the downtown business core
area signs pursuant to Resolution No. 1884.
(b) Public transportation and city -owned
signs.
(c) Signs specifically approved by the city
council. (Ord. 1924 § 3, 2003).
15.16.030 Signs not requiring permits.
The following types of signs are exempted from
obtaining a sign permit, but must be in conform-
ance with all other requirements of this chapter:
(1) Real estate signs meeting the requirements
of POMC 15.16.140(1), (2), (3) and (4).
(2) Political signs meeting the requirements of
POMC 15.16.150.
(3) Temporary and special event signs meeting
the requirements of POMC 15.16.160.
(4) Non -electric signs not exceeding three
square feet per face which are limited in content to
the name of occupant and address of the premises
in residential zones.
(5) On -premises directional signs, not exceed-
ing six square feet per face, the sole purpose of
which is to provide for vehicular and pedestrian
15-15 (Revised 1/09)
15.16.040
traffic direction, limited to one sign per ingress and
one sign per egress.
(6) Regulatory, informational, identification, or
directional signs installed by or at the direction of
a government entity.
(7) Signs required by law.
(8) Official public notices, official court
notices, or official sheriff's notices.
(9) One off -premises identification sign, not
exceeding three square feet per face, for any frater-
nal, civic, or religious organization with an estab-
lished operation in the city, which must be placed
on a common sign base approved by city.
(10) Signs or displays not visible from streets,
ways, sidewalks, or parking areas open to the pub-
lic.
(11) The flag of government or noncommercial
institutions, such as schools.
(12) Point -of -purchase advertising displays,
such as product dispensers.
(13) "No trespassing," "no dumping," "no
parking," "private" and other informational warn-
ing signs which shall not exceed six square feet in
surface area.
(14) Structures intended for separate use such
as phone booths and recycling containers.
(15) Reasonable seasonal decorations within
the appropriate holiday season or civic festival sea-
son meeting requirements under POMC 15.16.010
(36).
(16) Sculptures, fountains, mosaics, murals,
and design features which do not incorporate
advertising or identification.
(17) All signs which are wholly within the inte-
rior portion of a building, including interior win-
dow signs; provided, that such signs shall not be in
one of the categories prohibited by POMC
15.16.020.
(18) Signs located on the interior sides of sports
field fencing.
(19) Garage sale signs. (Ord. 1924 § 49 2003).
15.16.040 Permit required.
No sign, except for those exempted in this chap-
ter, shall be erected, re -erected, attached, structur-
ally altered or relocated by any person, firm or
corporation without a sign permit issued by the
city. In the case of electric signs, compliance with
the National Electrical Code shall be included as a
requirement of the sign permit. All sign permits
shall be issued by the building official. No permit
shall be required for repair, cleaning, repainting or
other normal maintenance, nor for changing the
message on a sign designed for changeable copy,
as long as the sign structure is not modified in any
way. In cases where a new business has moved into
a building with existing signage, any re -facing or
re -painting over an existing sign for the purposes
of a new business requires a sign permit. (Ord.
1924 § 5, 2003).
15.16.050 Application for permits.
Applications for sign permits shall be made to
the building official upon forms provided by the
city. Such applications shall require:
(1) Name, address, and telephone number of
the sign owner;
(2) Street address or location of the property on
which the sign is to be located, together with the
name and address of the property owner;
(3) The type of sign or sign structure as defined
in this chapter;
(4) A site plan showing the proposed location
of the sign, together with the locations and square
footage areas of all existing signs on the same pre-
mises;
(5) Specifications and scale drawings showing
the materials, design, dimensions, structural sup-
ports, and electrical components of the proposed
sign. (Ord. 1924 § 6, 2003).
15.16.060 Permit fees.*
All applications for permits shall be paid for
when permit is picked up. Fees are based upon the
city -adopted fee schedule in accordance with the
Uniform Building Code. (Ord. 006-07 § 1; Ord.
1924 § 7, 2003).
* Code reviser's note: Ord. 006-07 § 1 states: "Section
15.16.060 of the Port Orchard Municipal Code relating to
the requirement for the payment of fees before a sign permit
is issued is suspended as it relates to the erection, re -erec-
tion, attachment, structurally altered, or relocation of down-
town business core marquee signs. The suspension of fees
pursuant to this section shall only apply to the erection, re -
erection, attachment, structurally altered, or relocation of a
sign that previously existed and was attached to the down-
town marquee."
Ord. 006-07 § 3 states: "The provisions of this ordinance are
intended to be temporary but shall remain in effect until this
ordinance is repealed or amended by action of the city coun-
cil."
(Revised 1/09) 15-16
Port Orchard Municipal Code
15.16.070
15.16.070 Issuance of permits — Inspection.
(1) The building official shall issue a permit for
erection, alteration or relocation of a sign within 30
days of receipt of a complete application; provided,
that the sign complies with all applicable laws and
regulations of the city. In all applications, where a
matter of interpretation arises, the more specific
definition or higher standard shall prevail. The
building official may suspend or revoke an issued
permit for any false statement or misrepresentation
of fact in the application. A sign permit issued by
the building official becomes null and void if work
is not commenced within 60 days of issuance and
is not completed within 180 days of issuance or is
abandoned for a period of 180 days. Proof of order-
15-16a (Revised 1/09)
This page left intentionally blank.
(Revised 1/09) 15-16b
Port Orchard Municipal Code
15.16.110
(b) Total combined area of all exempt signs
on any lot on a residential district shall not exceed
three square feet.
(12) Setbacks.
(a) No permanent sign shall be located
closer than 10 feet to an internal property line, or
closer than 10 feet from the front lot lines unless
attached to a fence.
(b) Signs which are attached to fences shall
not extend higher than the fence. (Ord. 1924 § 10,
2003).
15.16.100 Mobile/manufactured home parks.
In all mobile/manufactured home districts, the
regulations of this section shall apply. Signs and
advertising devices shall be prohibited in a mobile/
manufactured home park except for monument
signs that shall have the same limits as monument
signs in residential areas. (Ord. 1924 § 11, 2003).
15.16.110 Commercial, mixed use, and
employment district signs.
In all commercial districts, the following regula-
tions and standards shall apply.
(1) Billboards. See POMC 15.16.170.
(2) Street Address.
(a) Each business building shall display a
street address number identification sign readable
from the street.
(b) The minimum height of the street
address numbers shall be six inches.
(3) Temporary Signs. Allowed. See POMC
15.16.160.
(4) Directional Signs (Such as Entrance and
Exit Signs).
(a) Allowable Area. Three square feet per
side and may be double -sided.
(b) Number of Signs. Limited to one sign
per ingress and one sign per egress.
(c) Directional signs may not contain adver-
tising copy other than the business logo, if applica-
ble.
(5) Projecting Signs.
(a) Shall not exceed 32 square feet per face.
(b) Number of Signs. One per elevation per
business.
(c) Shall not project more than six feet from
a building nor within two feet of the curb line.
(d) Shall not extend above the parapet or
eaves line.
(6) Freestanding Signs.
(a) Maximum sign height and area shall be
no greater than the following:
(i) Commercial and Employment Dis-
trict. Twelve feet in height maximum, area may be
equal to one square foot for each lineal foot of
street frontage per sign face, not to exceed 90
square feet.
(ii) Mixed Use District. Six feet in height
maximum, area may be equal to one square foot for
each lineal foot of street frontage per sign face, not
to exceed 50 square feet.
(7) Wall Signs.
(a) Allowable Area. One square foot for
each lineal foot of wall frontage. No single sign
face shall exceed 90 square feet.
(b) Number of Signs. No more than one per
wall with frontage to a public street or parking
area.
(c) Height of Sign. No sign shall extend
above the parapet or eaves line.
(8) Sandwich Boards/Sidewalk Signs. Must
meet the following criteria:
(a) Require a permit.
(b) Signs shall not exceed 24 inches by 36
inches.
(c) Signs shall be placed on and directly in
front of premises being advertised.
(d) Signs are placed only during hours the
business is open.
(e) Signs shall not be placed within the road
right-of-way, unless otherwise stated in Resolution
No. 1884. See POMC 15.16.130 regarding down-
town Bay Street.
(f) Signs limited to one per street frontage.
(g) Multiple occupancy complex sign shall
be limited to one sign per street frontage along with
one per tenant space to be placed immediately
adjacent to the business entrance. Businesses must
allow unobstructed sidewalk or walkway width of
four feet.
(9) Gas Station/Convenience Store Signs.
(a) Gas price signs must comply with dis-
trict requirements and the following:
(i) Must be permanently anchored.
(ii) Sign area shall not exceed 12 square
feet and no more than one per street frontage.
(b) Canopy Signage.
(i) Limited to logo shields.
(ii) No product advertising permitted on
spandrels, canopy, or column.
15-16.3 (Revised 1/09)
15.16.120
(iii) Shall not be included in determining
the total sign area of a business.
(10) Allowable Combinations of Sign Types.
On any street frontage, only these combinations are
allowed:
(a) Wall sign and freestanding sign.
(b) Projecting signs and freestanding sign.
(11) Off -Premises Signs. Not allowed.
(12) Setbacks. Signs under this section may
have zero -foot setbacks. (Ord. 1924 § 12, 2003).
15.16.120 Downtown business core marquee
signs.*
Abutting property owners can use that portion of
the marquee which is within the extended property
lines to advertise those businesses which are
located on the subject property. All marquee signs
shall have a building permit to confirm location,
design standards, and structural connection. The
city is authorized to relocate or remove any sign on
the marquee or in the public right-of-way that does
not conform to city standards. No sign shall adver-
tise a business that is not located on the abutting
Bay Street property. No temporary signs or ban-
ners shall be allowed on the marquee, except those
installed by the city. No display of merchandise
shall be hung from the marquee.
(1) The allowable area for marquee signage is
one square foot for each lineal foot of wall front-
age. Marquee sign is part of the total usable sig-
nage for the site. No single sign face shall exceed
32 square feet. The property owner of a multiple
occupancy building will be responsible for the
division of usable signage and signs shall be
spaced evenly.
(2) Design Criteria.
(a) The sign shall be placed directly in front
of business. Proportional size length to width is
approximately with ratio of 2:1 minimum. See fol-
lowing diagram.
(b) All signs shall have a professional
appearance.
(c) No sign is to have a right angle corner.
The sign can be finished in a manner such as seen
below.
(d) Exterior lighting directed from the top
portion of the sign is allowed. A clearance of 14
feet for commercial vehicles must be permitted.
The lighting must be shielded from traffic and
avoid undue brightness. See POMC 15.16.080(2).
Subject to permit and design criteria. See following
diagram.
Light shield for traffic
LJ
(e) Signs under the marquee shall be placed
to allow seven feet clearance above the sidewalk.
The sign shall be rectangular in shape, not to
exceed six square feet, corner treatment is as fol-
lows, and shall be installed per city standards. An
Marquee with Sign Design Options
(Revised 1/09) 15-16.4
Port Orchard Municipal Code
15.16.130
example of the sign design which must be used is
as follows:
(f) Any movie theater with more than 150
seats is exempt from the standards of this section,
but must meet requirements of POMC 15.16.110.
(g) Changeable letter strips may be added to
a marquee sign for those businesses that pay a
state/local admission tax for use of entertainment
advertising only.
(3) All sign permits issued for the erection, re -
erection, attachment, structurally altered, or reloca-
tion of downtown business core marquee signs pur-
suant to the provisions of this section shall contain
a notice that the permit is "temporary," that the city
is considering a downtown overlay district (DOD)
ordinance, and that signage will be required to
meet any approved DOD regulations and design
standards in the future.
(4) No sign may be attached to the face or top
of a downtown marquee. Signs may be permitted to
be attached to the underside of the marquee if all
the provisions of this section are met. (Ord. 006-07
§ 2; Ord. 1924 § 13, 2003).
* Code reviser's note: Ord. 006-07 § 3 provides: "The provi-
sions of this ordinance are intended to be temporary but
shall remain in effect until this ordinance is repealed or
amended by action of the city council."
15.16.130 Downtown business core
sandwich/sidewalk signs.
Existing and proposed sidewalk signs are per-
mitted only within the mixed use district, between
Water Street and Harrison Avenue on Bay Street.
These signs shall meet the specific standards and
requirements in this section.
(1) Permit Required.
(a) Sidewalk signs require a sign permit.
(b) A copy of the approved sign permit shall
be legibly attached to the underside of the sign at
all times.
(c) Any applicant for a sidewalk sign permit
shall be required to sign a hold harmless/indemni-
fication agreement and shall provide evidence that
the applicant maintains liability insurance in an
amount as required by the building official naming
the city of Port Orchard as an additional insured.
Said coverage shall not be canceled or modified
without 30 calendar days prior written notice to the
building official. Failure to maintain such insur-
ance coverage shall result in revocation of the per-
mit.
(d) Any applicant for a sidewalk sign permit
shall sign a statement that the applicant agrees to
adhere to the standards and requirements set forth
in this chapter, and if not, the sign may be removed
by the city and/or the sign permit revoked.
(2) Number, Size and Location.
(a) Maximum of one sidewalk sign per busi-
ness permitted, including businesses having more
than one street frontage. The sign shall be placed in
front of and on the same side of the street as the
building or establishment which it advertises.
(b) Buildings with multiple tenants who
have access from a common entrance are permitted
one sidewalk sign per building upon which all inte-
rior tenants may be advertised.
(c) Maximum size of sidewalk sign shall be
six square feet per sign face, with a maximum of
two sign faces per sign.
(d) Maximum height of sign shall be 36
inches above the sidewalk, walkway, or plaza upon
which it is placed, and no materials (such as paper,
balloons, windsocks, etc.) may be added to the sign
to increase its height. The height of such signs may
not be artificially increased above the allowed
maximum by the placement of material under-
neath. Maximum width of sign shall be 24 inches.
(e) No sign may be placed in such a way as
to reduce the continuous unobstructed width of a
sidewalk or walkway to less than four feet.
(f) No sign may obstruct an entrance to a
building or any steps.
(g) No sign may be placed within a required
vision clearance triangle, as defined by this chap-
ter, or within 20 feet of a wheelchair ramp.
(h) No second party advertising shall be per-
mitted on such signs.
(i) Owners are responsible for the removal
of their sidewalk sign following business hours and
during periods of strong winds.
(3) Materials.
(a) Signs shall be constructed of weather -
resistant materials, such as wood, plastic, or metal.
Signs constructed of impermanent materials,
including but not limited to cardboard and paper,
are prohibited.
15-16.5 (Revised 1/09)
15.16.140
(b) No sign shall contain foil, mirrors, bare
metal, or other reflective materials, which could
create hazardous conditions to motorists, bicy-
clists, or pedestrians.
(c) No sign may contain lights of any kind.
(Ord. 1924 § 14, 2003).
15.16.140 Real estate signs.
All exterior real estate signs must be of a durable
material. Only the following real estate signs are
permitted:
(1) Residential for Sale or Rent Signs. Signs
advertising residential property for sale or rent
shall be limited to one single -faced or double-faced
sign per street frontage. Such signs shall not exceed
four square feet per face, and must be placed
wholly on the subject property. Such signs may be
displayed while the property is actually for sale or
rent. A sold sign may remain up for 10 days after
the occupancy of residential property.
(2) Residential Directional Signs. Signs adver-
tising an open house and the direction to a resi-
dence for sale or rent shall be limited to three
single -faced or double-faced off -premises signs.
Such signs may not exceed four square feet per
face. Such signs are permitted only when a real
estate agent or seller is in attendance at the property
for sale, and not overnight. Such signs may not be
placed in the public right-of-way, nor shall they be
placed on a sidewalk or in any location where they
would cause a public hazard as determined by the
police chief and/or building official.
(3) Commercial or Employment for Sale or
Rent Signs. Signs advertising commercial or
employment property for sale or rent shall be lim-
ited to one single -faced or double-faced sign per
street frontage. Signs may be displayed while the
property is actually for sale or rent up to one year.
If at that time property is not sold or rented, a per-
manent sign is required. The signs shall not exceed
32 square feet per face. If freestanding, the signs
shall not exceed five feet in height and shall be
located at least 15 feet from any abutting interior
property line and wholly on the property for sale or
rent. In applications where constant leasing/rentals
occur, a permanent sign may be erected on the
property in accordance with the permanent sign
requirements.
(4) Temporary Subdivision Signs. Signs adver-
tising residential subdivisions shall be limited to
one single -faced or double-faced sign per street
frontage. Such signs shall not exceed 32 square feet
per face and shall not exceed 10 feet in height.
They shall be set back at least 10 feet from any
abutting interior property line and shall be wholly
on the property being subdivided and sold. (Ord.
1924 § 15, 2003).
15.16.150 Political signs.
Signs, posters, or bills promoting or publicizing
candidates for public office or issues that are to be
voted upon in a primary, general, or special elec-
tion may be displayed on private property in accor-
dance with the following restrictions:
(1) Time Limitations. Political signs shall be
permitted only as follows:
(a) Special Election. From 120 days prior to
the election to seven days after the election;
(b) Primary or General Election. From 60
days prior to the election until seven days after the
general election.
(2) Prohibited on Public Property. It is unlawful
for any person to paste, paint, affix, or fasten any
political sign on a utility pole or on any public
right-of-way, property, building, or structure.
(3) Responsibility for Compliance. It shall be
presumed that any violation of this section was
done at the direction and request of the political
candidate and/or campaign director. (Ord. 1924
§ 16, 2003).
15.16.160 Temporary and special events.
Except as otherwise provided below for certain
special categories, temporary and special event
signs shall not exceed 32 square feet in area per
face. In addition, temporary and special event signs
shall not be allowed without first being requested
in writing and reviewed by the building official or
his designee, who may impose conditions of
approval.
(1) Construction Signs. Construction signs
identify the architects, engineering, contractors, or
other individuals or firm involved with the con-
struction of a building and announce the character
of the building or the purpose for which the build-
ing is intended. Such signs may be displayed only
after a building permit is obtained and during the
period of construction on the construction site.
Only one such sign is permitted per street frontage.
No construction sign shall exceed 32 square feet
per face or 10 feet in height, nor shall it be located
closer than 10 feet from an interior property line.
(Revised 1/09) 15-16.6
Port Orchard Municipal Code
15.16.160
Construction signs shall be removed by the date of
first occupancy of the premises, or upon expiration
of the building permit, whichever first occurs.
(2) Grand Opening Displays. Temporary signs,
posters, banners, strings of lights, clusters of flags,
blinking lights, balloons, searchlights, and beacons
are permitted for a period not to exceed 30 days to
announce the opening of a completely new enter-
prise or the opening of an enterprise under new
ownership. All such signs and materials shall be
15-16.6a (Revised 1/09)
This page left intentionally blank.
(Revised 1/09) 15-16.6b
Port Orchard Municipal Code
15.36.080
(3) Where windows required for ventilation and
egress are covered by a carport, that carport shall
be designed and built in such a way as to allow
egress from the windows and maintain access to
light and air. (Ord. 1276 § 6, 1984).
15.36.070 Instruction manuals.
All mobile/manufactured homes, built after
June, 1976, locating or relocating within the juris-
dictional boundaries of the city shall have a copy of
the manufacturer's installation manual on -site
prior to inspection. Supplementary pages may also
be provided for specific requirements for a partic-
ular model. If the manual is not available, the
installation shall meet the requirements of WAC
296-15OB-225 through 296-150B-255. (Ord. 1276
§ 4, 1984).
15.36.080 Inspections — Correction of
noncompliance.
(1) The installer shall request an inspection
after all aspects of the installation, other than
installation of the foundation facia, have been com-
pleted. If the installation complies with the instal-
lation requirements and the condition of the
installation permit, the city of Port Orchard shall
approve the installation and allow the mobile home
to be occupied.
(2) If the installation does not comply with the
installation requirements and the conditions of the
installation permit, the city building inspector shall
provide the installer with a list of corrections that
the installer must make. The list of corrections
shall state a date by which the corrections must be
completed. If the items that require corrections are
not complete, a reinspection fee shall be assessed.
The reinspection fee is set by city resolution. (Ord.
1781 § 2, 1999; Ord. 1276 § 8, 1984).
Chapter 15.38
FLOOD DAMAGE PREVENTION
Sections:
Article L General Provisions
15.38.010
Statutory authorization.
15.38.020
Findings of fact.
15.38.030
Statement of purpose.
15.38.040
Methods of reducing flood losses.
15.38.050
Lands to which this chapter applies.
15.38.060
Basis for establishing the areas of
special flood hazard.
15.38.070
Penalties for noncompliance.
15.38.080
Abrogation and greater restrictions.
15.38.090
Interpretation.
15.38.100
Warning and disclaimer of liability.
Article II. Definitions
15.38.110 Definitions.
Article III. Administration
15.38.120
Development permit required.
15.38.130
Application for development permit.
15.38.140
Designation of the city engineer.
15.38.150
Duties and responsibilities of the city
engineer.
15.38.160
Permit review.
15.38.170
Use of other base flood data.
15.38.180
Information to be obtained and
maintained.
15.38.190
Alteration of watercourses.
15.38.200
Interpretation of FIRM boundaries.
Article IV. Variances
15.38.210 Appeal board.
15.38.220 Conditions for variances.
Article V. Provisions for Flood Hazard Reduction
15.38.230 General standards.
15.38.240 Anchoring.
15.38.250 Construction materials and methods.
15.38.260 Utilities.
15.38.270 Subdivision proposals.
15.38.280 Review of building permits.
15-27 (Revised 1/09)
15.38.010
15.38.290
Specific standards.
15.38.300
Residential construction.
15.38.310
Nonresidential construction.
15.38.320
Critical facility.
15.38.330
Manufactured homes.
15.38.335
Recreational vehicles.
15.38.340
Floodways.
15.38.350
Wetlands management.
Article I. General Provisions
15.38.010 Statutory authorization.
The Legislature of the state of Washington has
in RCW Title 35 delegated the responsibility to
local governmental units to adopt regulations
designed to promote the public health, safety and
general welfare of its citizenry. Therefore, the city
council of the city does ordain as follows in this
chapter. (Ord. 1446 § 2.1, 1989; Ord. 1435 § 2.1,
1988).
15.38.020 Findings of fact.
(1) The flood hazard areas of the city are sub-
ject to periodic inundation which results in loss of
life and property, health and safety hazards, disrup-
tion of commerce and governmental services,
extraordinary public expenditures for flood protec-
tion and relief, and impairment of the tax base, all
of which adversely affect the public health, safety
and general welfare.
(2) These flood losses are caused by the cumu-
lative effect of obstructions in areas of special
flood hazards which increase flood heights and
velocities, and when inadequately anchored, dam-
age uses in other areas. Uses that are inadequately
floodproofed, elevated, or otherwise protected
from flood damage also contribute to the flood
loss. (Ord. 1446 § 2.2, 1989; Ord. 1435 § 2.2,
1988).
15.38.030 Statement of purpose.
It is the purpose of this chapter to promote the
public health, safety and general welfare, and to
minimize public and private losses due to flood
conditions in specific areas by provisions
designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money
and costly flood control projects;
(3) To minimize the need for rescue and relief
efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) To minimize prolonged business interrup-
tions;
(5) To minimize damage to public facilities and
utilities such as water and gas mains, electric, tele-
phone and sewer lines, streets and bridges located
in areas of special flood hazard;
(6) To help maintain a stable tax base by pro-
viding for the sound use and development of areas
of special flood hazard so as to minimize future
flood blight areas;
(7) To ensure that potential buyers are notified
that property is in an area of special flood hazard;
and
(8) To ensure that those who occupy the areas
of special flood hazard assume responsibility for
their actions. (Ord. 1446 § 2.3, 1989; Ord. 1435 §
2.3, 1988).
15.38.040 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter
includes methods and provisions for:
(1) Restricting or prohibiting uses which are
dangerous to health, safety and property due to
water or erosion hazards, or which result in damag-
ing increases in erosion or in flood heights or
velocities;
(2) Requiring that uses vulnerable to floods,
including facilities which serve such uses, be pro-
tected against flood damage at the time of initial
construction;
(3) Controlling the alteration of natural flood -
plains, stream channels, and natural protective bar-
riers, which help accommodate or channel
floodwaters;
(4) Controlling filling, grading, dredging and
other development which may increase flood dam-
age; and
(5) Preventing or regulating the construction of
flood barriers which will unnaturally divert flood-
waters or may increase flood hazards in other
areas. (Ord. 1446 § 2.4, 1989; Ord. 1435 § 2.4,
1988).
15.38.050 Lands to which this chapter applies.
This chapter shall apply to all areas of special
flood hazards within the jurisdiction of the city.
(Ord. 1446 § 4.1, 1989; Ord. 1435 § 4.1, 1988).
(Revised 1/09) 15-28
Port Orchard Municipal Code
15.38.110
15.38.060 Basis for establishing the areas of
special flood hazard.
The areas of special flood hazard identified by
the Federal Insurance Administration in a scientific
and engineering report entitled "The Flood Insur-
ance Study for the City of Port Orchard," dated
May 1979, and any revisions thereto, with accom-
panying Flood Insurance Maps, is adopted by ref-
erence and declared to be a part of this chapter. The
Flood Insurance Study is on file at the city clerk's
office: 216 Prospect Street, Port Orchard, WA
98366. (Ord. 016-05 § 1; Ord. 1446 § 4.2, 1989;
Ord. 1435 § 4.2, 1988).
15.38.070 Penalties for noncompliance.
No structure or land shall hereafter be con-
structed, located, extended, converted or altered
without full compliance with the terms of this
chapter and other applicable regulations. Violation
of the provisions of this chapter by failure to com-
ply with any of its requirements (including viola-
tions of conditions and safeguards established in
connection with conditions) shall constitute a mis-
demeanor. Any person who violates this chapter or
fails to comply with any of its requirements shall
upon conviction thereof be fined not more than
$500.00 or imprisoned for not more than 180 days,
or both, for each violation, and in addition shall pay
all costs and expenses involved in the case. Noth-
ing herein contained shall prevent the city from
taking such other lawful action as is necessary to
prevent or remedy any violation. (Ord. 1446 § 4.3,
1989; Ord. 1435 § 4.3, 1988).
15.38.080 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate
or repair any existing easements, covenants or deed
restrictions. However, where this chapter and
another ordinance, easement, covenant or deed
restriction conflict or overlap, whichever imposes
the more stringent restrictions shall prevail. (Ord.
1446 § 4.4, 1989; Ord. 1435 § 4.4, 1988).
15.38.090 Interpretation.
In the interpretation and application of this
chapter, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the govern-
ing body; and
(3) Deemed neither to limit nor repeal any other
powers granted under state statutes. (Ord. 1446 §
4.5, 1989; Ord. 1435 § 4.5, 1988).
15.38.100 Warning and disclaimer of liability.
The degree of flood protection required by this
chapter is considered reasonable for regulatory
purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by
manmade or natural causes. This chapter does not
imply that land outside the areas of special flood
hazards or uses permitted within such areas will be
free from flooding or flood damages. This chapter
shall not create liability on the part of the city, any
officer or employee thereof, or the Federal Insur-
ance Administration, for any flood damages that
result from reliance on this chapter or any adminis-
trative decision lawfully made hereunder. (Ord.
1446 § 4.6, 1989; Ord. 1435 § 4.6, 1988).
Article II. Definitions
15.38.110 Definitions.
Unless specifically defined below, words or
phrases used in this chapter shall be interpreted so
as to give them the meanings they have in common
usage and to give this chapter its most reasonable
application.
(1) "Appeal" means a request for a review of
the city engineer's interpretation of any provision
of this chapter or a request for a variance.
(2) "Area of shallow flooding" means a desig-
nated AO or AH zone on the Flood Insurance Rate
Map (FIRM). The base flood depths range from
one to three feet; a clearly defined channel does not
exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident.
AO is characterized as sheet flow and AH indicates
ponding.
(3) "Area of special flood hazard" means the
land in the floodplain within a community subject
to a one percent or greater chance of flooding in
any given year. Designation on maps always
includes the letters A or V.
(4) "Critical facility' means a facility for which
even a slight chance of flooding might be too great.
Critical facilities include, but are not limited to,
schools, nursing homes, hospitals, police, fire and
15-29 (Revised 1/09)
15.38.110
emergency response installations, installations
which produce, use or store hazardous materials or
hazardous waste.
(5) "Base flood" means the flood having a one
percent chance of being equated or exceeded in any
given year. Also referred to as the "100-year
flood." Designation on maps always includes the
letters A or V.
(6) "Development" means any manmade
change to improved or unimproved real estate,
including but not limited to buildings or other
structures, mining, dredging, filling, grading, pav-
ing, excavation or drilling operations located
within the area of special flood hazard.
(7) "Flood" or "flooding" means a general and
temporary condition of partial or complete inunda-
tion of normally dry land areas from:
(a) The overflow of inland or tidal waters;
and/or
(b) The unusual and rapid accumulation of
runoff of surface waters from any source.
(8) "Flood Insurance Rate Map (FIRM)" means
the official map on which the Federal Insurance
Administration has delineated both the areas of
special flood hazards and the risk premium zones
applicable to the community.
(9) "Flood Insurance Study" means the official
report provided by the Federal Insurance Adminis-
tration that includes flood profiles, the Flood
Boundary-Floodway Map, and the water surface
elevation of the base flood.
(10) "Floodway" means the channel of a river
or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base
flood without cumulatively increasing the water
surface elevation more than one foot.
(11) "Lowest floor" means the lowest floor of
the lowest enclosed areas (including basement). An
unfinished or flood -resistant enclosure, usable
solely for parking of vehicles, building access or
storage, in an area other than a basement area, is
not considered a building's lowest floor; provided,
that such enclosure is not built so as to render the
structure in violation of the applicable noneleva-
tion design requirements of this chapter found in
POMC 15.38.300(2).
(12) "Manufactured home" means a structure,
transportable in one or more sections, which is
built on a permanent chassis and is designed for use
with or without a permanent foundation when con-
nected to the required utilities. For floodplain man-
agement purposes the term "manufactured home"
also includes park trailers, travel trailers and other
similar vehicles placed on site for greater than 180
consecutive days. For insurance purposes the term
"manufactured home" does not include park trail-
ers, travel trailers and other similar vehicles.
(13) "Manufactured home park or subdivision"
means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots
for rent or sale.
(14) "New construction" means structures for
which the start of construction commenced on or
after the effective date of the ordinance codified in
this chapter.
(15) "Start of construction" includes substantial
improvements, and means the date the building
permit was issued, provided the actual start of con-
struction, repair, reconstruction, placement or
other improvement was within 180 days of the per-
mit date. The "actual start" means either the first
placement of permanent construction of a structure
on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or
any work beyond the stage of excavation; or the
placement of a manufactured home on a founda-
tion. Permanent construction does not include land
preparation, such as clearing, grading and filling;
not does it include the installation of streets and/or
walkways; nor does it include excavation for a
basement, footings, piers or foundation or the erec-
tion of temporary forms; nor does it include the
installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling
units or not part of the main structure.
(16) "Structure" means a walled and roofed
building including a gas or liquid storage tank that
is principally above ground.
(17) "Substantial improvement" means any
repair, reconstruction or improvement of a struc-
ture, the cost of which equals or exceeds 50 percent
of the market value of the structure either:
(a) Before the improvement or repair is
started; or
(b) If the structure has been damaged and is
being restored, before the damage occurred. For
the purposes of this definition, "substantial
improvement" is considered to occur when the first
alteration of any wall, ceiling, floor or other struc-
tural part of the building commences, whether or
not that alteration affects the external dimensions
of the structure.
(Revised 1/09) 15-30
Port Orchard Municipal Code
15.38.170
The term does not, however, include either:
(a) Any project for improvement of a struc-
ture to comply with existing state or local health,
sanitary or safety code specifications which are
solely necessary to assure safe living conditions; or
(b) Any alteration of a structure listed on the
National Register of Historic Places or a State
Inventory of Historic Places.
(18) "Variance" means a grant of relief from
the requirements of this chapter which permits con-
struction in a manner that would otherwise be pro-
hibited by this chapter.
(19) "Water -dependent" means a structure for
commerce or industry which cannot exist in any
other location and is dependent on the water by rea-
son of the intrinsic nature of its operations.
(20) "Recreational vehicle" means a vehicle:
(a) Built on a single chassis;
(b) Four hundred square feet or less when
measured at the largest horizontal projection;
(c) Designed to be self-propelled or perma-
nently towable by a light duty truck; and
(d) Designed primarily not for use as a per-
manent dwelling, but as temporary living quarters
for recreational, camping, travel, or seasonal use.
(Ord. 016-05 § 2; Ord. 1446 § 3.0, 1989; Ord. 1435
§ 3.0, 1988).
Article III. Administration
15.38.120 Development permit required.
A development permit shall be obtained before
construction or development begins within any
area of special flood hazard established in POMC
15.38.060. The permit shall be for all structures
including manufactured homes, as set forth in
POMC 15.38.110, definitions, and for all develop-
ment including fill and other activities, also as set
forth in the definitions, POMC 15.38.110. (Ord.
1446 § 5.1-1, 1989; Ord. 1435 § 5.1-1, 1988).
15.38.130 Application for development permit.
Application for a development permit shall be
made on forms furnished by the city engineer and
may include but not be limited to plans in duplicate
drawn to scale showing the nature, location,
dimensions and elevations of the area in question;
existing or proposed structures, fill, storage of
materials, drainage facilities and the location of the
foregoing. Specifically, the following information
is required:
(1) Elevation in relation to mean sea level, of
the lowest floor (including basement) of all struc-
tures;
(2) Elevation in relation to mean sea level to
which any structure has been floodproofed;
(3) Certification by a registered professional
engineer or architect that the floodproofing meth-
ods for any nonresidential structure meet the flood -
proofing criteria in POMC 15.38.310; and
(4) Description of the extent to which a water-
course will be altered or relocated as a result of pro-
posed development. (Ord. 1446 § 5.1-2, 1989; Ord.
1435 § 5.1-2, 1988).
15.38.140 Designation of the city engineer.
The city engineer is appointed to administer and
implement this chapter by granting or denying
development permit applications in accordance
with its provisions. (Ord. 1446 § 5.2, 1989; Ord.
1435 § 5.2, 1988).
15.38.150 Duties and responsibilities of the city
engineer.
Duties of the city engineer shall include, but not
be limited to those in POMC 15.38.160 through
15.38.200. (Ord. 1446 § 5.3, 1989; Ord. 1435 § 5.3,
1988).
15.38.160 Permit review.
The city engineer shall:
(1) Review all development permits to deter-
mine that the permit requirements of this chapter
have been satisfied.
(2) Review all development permits to deter-
mine that all necessary permits have been obtained
from those federal, state or local governmental
agencies from which prior approval is required.
(3) Review all development permits to deter-
mine if the proposed development is located in the
floodway. If located in the floodway, assure that
the provisions of POMC 15.38.340 are met. (Ord.
1446 § 5-3.1, 1989; Ord. 1435 § 5-3.1, 1988).
15.38.170 Use of other base flood data.
When base flood elevation data has not been
provided in accordance with POMC 15.38.060,
basis for establishing the areas of special flood haz-
ard, the city engineer shall obtain, review and rea-
sonably utilize any base flood elevation and
floodway data available from a federal, state or
other source, in order to administer POMC
15-30.1 (Revised 1/09)
15.38.180
15.38.290 through 15.38.330, specific standards,
and 15.38.340, floodways. (Ord. 1446 § 5.3-2,
1989; Ord. 1435 § 5.3-2, 1988).
15.38.180 Information to be obtained and
maintained.
The city engineer shall:
(1) Where base flood elevation data is provided
through the Flood Insurance Study or required as in
POMC 15.38.170, obtain and record the actual ele-
vation (in relation to mean sea level) of the lowest
floor (including basement) of all new or substan-
tially improved structures, and whether or not the
structure contains a basement.
(2) For all new or substantially improved flood -
proofed structures:
(a) Verify and record the actual elevation (in
relation to mean sea level); and
(b) Maintain the floodproofing certifica-
tions required in POMC 15.38.130(3).
(3) Maintain for public inspection all records
pertaining to the provisions of this chapter. (Ord.
1446 § 5.3-3, 1989; Ord. 1435 § 5.3-3, 1988).
15.38.190 Alteration of watercourses.
The city engineer shall:
(1) Notify adjacent communities and the
Department of Ecology prior to any alteration or
relocation of a watercourse, and submit evidence
of such notification to the Federal Insurance
Administration.
(2) Require that maintenance is provided within
that altered or relocated portion of said watercourse
so that the flood -carrying capacity is not dimin-
ished. (Ord. 1446 § 5.3-4, 1989; Ord. 1435 § 5.3-4,
1988).
15.38.200 Interpretation of FIRM boundaries.
The city engineer shall make interpretations
where needed, as to exact location of the bound-
aries of the areas of special flood hazards (for
example, where there appears to be a conflict
between a mapped boundary and actual field con-
ditions). The person contesting the location of the
boundary shall be given a reasonable opportunity
to appeal the interpretation as provided in Article
IV of this chapter. (Ord. 1446 § 5.3-5, 1989; Ord.
1435 § 5.3-5, 1988).
Article IV. Variances
15.38.210 Appeal board.
(1) The appeal board as established by the city
council shall hear and decide appeals and requests
for variances from the requirements of this chapter.
(2) The appeal board shall hear and decide
appeals when it is alleged there is an error in any
requirement, decision or determination made by
the city engineer in the enforcement or administra-
tion of this chapter.
(3) Those aggrieved by the decision of the
appeal board, or any taxpayer, may appeal such
decision to the superior court, as provided in RCW
Title 35.
(4) In passing upon such applications, the
appeal board shall consider all technical evalua-
tions, all relevant factors, standards specified in
other sections of this chapter; and
(a) The danger that materials may be swept
onto other lands to the injury of others;
(b) The danger to life and property due to
flooding or erosion damage;
(c) The susceptibility of the proposed facil-
ity and its contents to flood damage and the effect
of such damage on the individual owner;
(d) The importance of the services provided
by the proposed facility to the community;
(e) The necessity to the facility of a water-
front location, where applicable;
(f) The availability of alternative locations
for the proposed use which are not subject to flood-
ing or erosion damage;
(g) The compatibility of the proposed use
with existing and anticipated development;
(h) The relationship of the proposed use to
the comprehensive plan and floodplain manage-
ment program for that area;
(i) The safety of access to the property in
times of flood for ordinary and emergency vehi-
cles;
0) The expected heights, velocity, duration,
rate of rise, and sediment transport of the floodwa-
ters and the effects of wave action, if applicable,
expected at the site; and
(k) The costs of providing governmental
services during and after flood conditions, includ-
ing maintenance and repair of public utilities and
facilities such as sewer, gas, electrical and water
systems, and streets and bridges.
(Revised 1/09) 15-30.2
Port Orchard Municipal Code
15.38.220
(5) Upon consideration of the factors of subsec-
tion (4) of this section and the purposes of this
chapter, the appeal board may attach such condi-
tions to the granting of variances as it deems nec-
essary to further the purposes of this chapter.
(6) The city engineer shall maintain the records
of all appeal actions and report any variances to the
Federal Insurance Administration upon request.
(Ord. 1446 § 5.4-1,1989; Ord. 1435 § 5.4-1, 1988).
15.38.220 Conditions for variances.
(1) Generally, the only condition under which a
variance from the elevation standard may be issued
is for new construction and substantial improve-
ments to be erected on a lot of one-half acre or less
in size contiguous to and surrounded by lots with
15-30.3 (Revised 1/09)
This page left intentionally blank.
(Revised 1/09) 15-30.4
Port Orchard Municipal Code
15.38.350
(4) Nonresidential structures that are elevated,
not floodproofed, must meet the same standards for
space below the lowest floor as described in
POMC 15.38.300(2);
(5) Applicants floodproofing nonresidential
buildings shall be notified that flood insurance pre-
miums will be based on rates that are one foot
below the floodproofed level (e.g., a building con-
structed to one foot above the base flood level will
be rated at the base flood level). (Ord. 1446 § 6.2-
2, 1989; Ord. 1435 § 6.2-2, 1988).
15.38.320 Critical facility.
Construction of new critical facilities shall be, to
the extent possible, located outside the limits of the
base floodplain. Construction of new critical facil-
ities shall be permissible within the base floodplain
if no feasible alternative site is available. Critical
facilities constructed within the base floodplain
shall have the lowest floor elevated to three feet or
more above the level of the base flood elevation at
the site. Floodproofing and sealing measures must
be taken to insure that toxic substances will not be
displaced by or released into floodwaters. Access
routes elevated to or above the level of the base
floodplain shall be provided to all critical facilities
to the extent possible. (Ord. 1446 § 6.2-3, 1989;
Ord. 1435 § 6.2-3, 1988).
15.38.330 Manufactured homes.
All manufactured homes to be placed or sub-
stantially improved within zones Al-30, AH and
AE shall be elevated on a permanent foundation
such that the lowest floor of the manufactured
home is one foot or more above the base flood ele-
vation and be securely anchored to an adequately
anchored foundation system in accordance with the
provisions of POMC 15.38.240(2). (Ord. 1446 §
6.2-4, 1989; Ord. 1435 § 6.2-4, 1988).
15.38.335 Recreational vehicles.
Recreational vehicles placed on sites are
required to either:
(1) Be on the site for fewer than 100 consecu-
tive days;
(2) Be fully licensed and ready for highway use,
on wheels or jacking system, attached to the site
only by quick -disconnect utilities and security
devices, and have no permanently attached addi-
tions; or
(3) Meet the requirements of POMC 15.38.330
and the elevation and anchoring requirements for
manufactured homes. (Ord. 016-05 § 3).
15.38.340 Floodways.
Located within areas of special flood hazard
established in POMC 15.38.060 are areas desig-
nated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of
floodwaters which carry debris, potential projec-
tiles and erosion potential, the provisions in this
section apply.
(1) Prohibit encroachments, including fill, new
construction, substantial improvements and other
development, unless certification by a registered
professional engineer or architect is provided dem-
onstrating through hydrologic and hydraulic analy-
ses performed in accordance with standard
engineering practice that encroachments shall not
result in any increase in flood levels during the
occurrence of the base flood discharge.
(2) Construction or reconstruction of residen-
tial structures is prohibited within designated
floodways, except for:
(a) Repairs, reconstruction or improve-
ments to a structure which do not increase the
ground floor areas; and
(b) Repairs, reconstruction or improve-
ments to a structure the cost of which does not
exceed 50 percent of the market value of the struc-
ture either:
(i) Before the repair, reconstruction or
improvement is started; or
(ii) If the structure has been damaged
and is being restored, before the damage occurred.
Work done on structures to comply with
existing health, sanitary or safety codes or to struc-
tures identified as historic places shall not be
included in the 50 percent.
(3) If subsection (1) of this section is satisfied,
all new construction and substantial improvements
shall comply with all applicable flood hazard
reduction provisions of Article V of this chapter,
Provisions for Flood Hazard Reduction. (Ord. 016-
05 § 4; Ord. 1446 § 6.3, 1989; Ord. 1435 § 6.3,
1988).
15.38.350 Wetlands management.
To the maximum extent possible avoid the short
and long term adverse impacts associated with the
destruction or modification of wetlands, especially
15-33 (Revised 1/09)
15.38.350
those activities which limit or disrupt the ability of
the wetlands to alleviate flooding impacts. The fol-
lowing process should be implemented:
(1) Review proposals for development within
base floodplains for their possible impacts on wet-
lands located within the floodplain.
(2) Ensure that development activities in or
around wetlands do not negatively affect public
safety, health and welfare by disrupting the wet-
lands' ability to reduce flood and storm drainage.
(3) Request technical assistance from the
Department of Ecology in identifying wetland
areas. Existing wetland map information from the
National Wetlands Inventory (NWI) can be used in
conjunction with the community's FIRM to pre-
pare an overlay zone indicating critical wetland
areas deserving special attention. (Ord. 1446 § 6.4,
1989; Ord. 1435 § 6.4, 1988).
Chapter 15.40
ZONING ORDINANCE ENFORCEMENT
(Repealed by Ord. 1748)
(Revised 1/09) 15-34
Port Orchard Municipal Code
15.44.010
Chapter 15.44
ENERGY CODE AND VENTILATION AND
INDOOR AIR QUALITY CODE
Sections:
15.44.010 Washington State Energy Code and
Washington State Ventilation and
Indoor Air Quality Code adopted.
15.44.010 Washington State Energy Code and
Washington State Ventilation and
Indoor Air Quality Code adopted.
The 2006 Editions of the Washington State
Energy Code and the Washington State Ventilation
and Indoor Air Quality Code, as adopted by the
Washington State Building Code Council, together
with the appendices of such codes, if applicable,
are hereby adopted as the official building codes of
the city of Port Orchard as though fully set forth
herein. Copies of each code referenced herein are
on file with the city clerk. (Ord. 014-07 § 1; Ord.
1865 § 1, 2002; Ord. 1728 § 1, 1998).
15-34.1 (Revised 1/09)
This page left intentionally blank.
(Revised 1/09) 15-34.2
Port Orchard Municipal Code
Street Vacation Table
Ord. 1826 Unnamed alley:
That certain alley, (known as alley #6, also shown on Kitsap County Assessor's map as
alley 4031-005). The alley being 16 ft. wide and 600 ft. long, bordered by lots 1-15, block
005 on the west side and lots 16-30 on the east side all within Tom Cline's addition to
Sidney as recorded in Vol. 1, page 29 of Auditors Book of Plats, filed for record in Kitsap
County, Washington, southwest quarter of Section 25, Township 24N Range lE.
Ord. 1847 Farragut Avenue:
That portion of Prospect Court, Block 25, Plat of Annapolis Volume 1, pages 64 and 65,
records of Kitsap County, Washington, described as follows:
Commencing at the northwest corner of Lot 11, said Block 25, shown on survey in Volume
41, page 241 of surveys, records of Kitsap County, Washington; thence along the northerly
line of said Lot 11, south 61°12'20" east 55.17 feet to the westerly right-of-way of Prospect
Court and the point of beginning; thence on a curve to the right, the center of which bears
north 85°02'30" east with a radius of 90.00 feet, an arc length of 90.28 feet; thence north
24°38'28" west 23.14 feet to the northerly line of said survey; thence along the projection
easterly of said northerly line south 61 ° 12'20" east 51.99 feet; thence on a curve to the right,
the center of which bears south 15°37'14" east with a radius of 70.00 feet, an arc length of
102.95 feet; thence south 80°07'02" west 10.00 feet to the northerly line of said Lot 11;
thence north 61 ° 12'20" west 12.38 feet to the point of beginning.
Ord. 1853 Farragut Avenue:
That portion of Prospect Court, Block 25, Plat of Annapolis Volume 1, pages 64 and 65,
records of Kitsap County, Washington, described as follows:
Commencing at the northwest corner of Lot 11, said Block 25 shown on survey in Volume
41, page 241 of surveys, records of Kitsap County, Washington; thence along the northerly
line of said Lot 11, south 61°12'20" east 67.55 feet to the westerly right-of-way of Prospect
Court and the point of beginning; thence on a curve to the right, the center of which bears
north 80°07'02" east with a radius of 80.00 feet, an arc length of 51.44 feet; thence north
28°47'40" east 10.38 feet; thence on a curve to the left, the center of which bears north
45°23'46" east with a radius of 70.00 feet, an arc length of 42.41 feet; thence south
80°07'02" west 10.00 feet to the point of beginning.
Ord. 1870 Farragut Avenue:
That portion of Prospect Court, Block 26, Plat of Annapolis Volume 1, pages 64 and 65,
records of Kitsap County, Washington, described as follows:
Commencing at the northeast corner of Lot 7, said Block 26; thence along the northerly line
of said Lot 7, north 61 ° 12'20" west 55.17 feet to the easterly right-of-way of Prospect Court
and the point of beginning; thence on a curve to the right, the center of which bears north
27°27'25" west with a radius of 90.00 feet, an arc length of 90.28 feet; thence north
82° 13'48" east 23.14 feet to the northerly line of Lot 9 of said Block 26; thence along the
projection westerly of said northerly line north 61°12'20" west 51.99 feet; thence on a curve
to the left, the center of which bears south 73°12'34" west with a radius of 70.00 feet, an arc
length of 145.37 feet; thence south 28°47'40" west 10.38 feet; thence on a curve to the left,
the center of which bears north 15°19'01" east with a radius of 80.00 feet, an arc length of
51.44 feet to the projection westerly of the northerly line of said Lot 7; thence south
61 ° 12'20" east 12.38 feet to the point of beginning.
Ord. 1912 Unnamed alley:
The unnamed alley located in Block 005 of S.M. Stevens extending east -west between
Cline Avenue and Austin Avenue.
A-13 (Revised 1/09)
Street Vacation Table
Ord. 1941 Unnamed alley:
The alley between Lots 5 — 9 and Lots 10 — 13, Block 4, Replat of Central Addition to
Sidney, except the east 20 feet thereof, as per plat recorded in Volume 1 of Plats, page 79,
records of Kitsap County, Washington.
Ord. 008-05 Unnamed alley:
The unnamed alley located in the NE 1/4 of the NE 1/4 of Section 35, Township 24, Range
I.E. The 20-foot strip of land that separates Lots 1, 2, 3, 4, 5 and 6 from Lots 38, 39, 40, 41,
42, Block 7 Sweany's 2nd Addition to Sidney as per plat recorded in Volume 2, page 18 of
Kitsap County.
Ord. 024-06 Austin Avenue:
A portion of Austin Avenue lying between the north right-of-way line of Dwight Street and
the south right-of-way line of De Kalb Street, lying between Block 006, Lot 10 and Block
17, Lots 7 and 8 of Plat No. 4650 as recorded in Volume 1 of Plats, page 1.
Ord. 018-07 S.W. Wilkins Drive:
A portion of S.W. Wilkins Drive lying between the west right-of-way line of S.E. Wilkins
Place and the extended east right-of-way line of Caseco Lane.
Ord. 002-08 Rockwell Street:
A portion of Rockwell Street, adjacent to Bethel Avenue, located to the west of Parcel
Number 362104-2-061-2007.
Ord. 010-08 Unnamed Alley:
A portion of an unnamed alley adjacent to Sidney Avenue, located to the west of Parcel
Numbers 4060-008-017-0102 and 4060-008-019-0001.
Ord. 023-08 Bay Street:
Correcting a scrivener's error in Ord. No. 1603 regarding vacating a portion of Bay Street
(within the 1700 block) and an unnamed right-of-way which is west of Bay Street between
Block 23 and 32, Plat of Annapolis.
(Revised 1/09) A-14
Port Orchard Municipal Code
Ordinance Table
764 Annexation (Special)
765 Approving assessments LID 61 (Special)
766 Special election on tax levy (Special)
767 Construction, maintenance of streets (Spe-
cial)
768 Special election on tax levy (Special)
769 Adopts 1967 budget (Special -Expired)
770 Amends § 26 of Ord. 698, delinquent sew-
age charges (Repealed by 1456)
771 Authorizes city clerk to combine city ser-
vice charges (Not codified)
772 Adopts codification of ordinances (1.04)
773 Amends Div. 1, § 2 of Ord. 17, petit larceny
(Repealed by It 25)
774 Repeals Ords. 314,336 § 1, 342 § 1 and 356
§ 1 (Repealer)
775 Amends § 107 of Ord. 694, schedule IV -
secondary arterial (Repealed by 1152)
776 Prohibits parking in specified places (Re-
pealed by 1152)
777 Establishes salary schedule, repeals Ord.
745 (Repealed by 793)
778 Time limit for parking on streets (Repealed
by 1152)
779 Vacates portion of unnamed street (Tables)
780 Vacates portion of unnamed street (Tables)
781 Amends §§ 16 and 17 of Ord. 507, traveling
rates; repeals §§ 16(part), 15A, 15B, 15C,
15D, 15E, 15F of Ord. 507 (Repealed by
1777)
782 Creates traffic violations bureau (Repealed
by 010-07)
783 Amends Ord. 694, traffic (Repealed by
1152)
784 Provides penalty for working without li-
cense when required (Repealed by 1665)
785 Amends Div. 1, § 1 of Ord. 17, disorderly
conduct (Repealed by 1125)
786 Amends Div. 1, § 6 of Ord. 17, disturbing
the peace (Repealed by 1125)
787 Amends Art. III, § 1 of Ord. 711, plumbing
permit fees (Repealed by 1052)
788 Amends § 1 of Ord. 737 and § 2 of Ord. 762,
uniform building code (Repealed by 1677)
789 Empowers peace officers to close designat-
ed areas during calamities (9.40)
790 Authorizes calling special election (Spe-
cial)
791 Authorizes calling special election (Spe-
cial)
792 Adopts 1968 budget (Special)
793 Adopts salary schedule, repeals Ord. 777
(Repealed by 813)
794 Amends § 1(6) of Ord. 785, disorderly con-
duct (Repealed by 1125)
795 Additions and betterments to water system
and provides for issuance of bonds (Spe-
cial)
796 Designates snow route (Repealed by 1773)
797 Establishes city library (2.26)
798 Franchise to Puget Sound Power & Light
Company, repeals Ord. 492 (Expires 1993)
(Repealed by 1357)
799 Additions, betterments to water system
(Special)
800 Amends §§ 1, 3, 4, adds §§ 15.12.015,
15.12.090, 15.12.100 (Repealed by 1678,
1698)
801 Amends § IV of Ord. 667 and §§ 26, 31 of
Ord. 698, sewer regulations (Repealed by
1456)
802 Amends § 2 of Ord. 693, dog license fee
(Repealed by 1607)
803 Additions, betterments to water system,
bonds (Special)
804 Sewer improvements LID 62 (Special)
805 Amends § 107 of Ord. 694, arterial streets
(Repealed by 1152)
806 Additions, betterments to water system
(Repealed by 823)
807 Water mains, fire hydrants LID 63 (Re-
pealed by 813)
808 Prohibits sale, use of solvents containing
toxic fumes (Repealed by 1565)
809 Adopts salary schedule, amends § 1 of Ord.
793 (Special)
810 Authorizes calling special election (Spe-
cial)
811 Adopts 1969 budget (Special)
812 Amends Ord. 804, sewer improvement
(Special)
813 Repeals Ord. 807, water mains, fire hy-
drants (Special)
814 Establishes salary schedule, repeals Ord.
793 (Repealed by 843)
815 Authorizes calling special election (Spe-
cial)
816 Amends §§ 1, 3, adds § 4 to Ord. 667, water
rates (Repealed by 1456)
817 Amends §§ 19, 22, 24, 25, 26 of Ord. 698,
sewer rates (Repealed by 1456)
B-11 (Revised 1/09)
Ordinance Table
818 Repeals § 4 of Ord. 737, Uniform Building
Code (Repealed by 1677)
819 Amends § 99 of Ord. 694, adds § 10.40.070,
traffic (Repealed by 1152)
820 Approves assessments, LID 63 (Special)
821 Cable television franchise, repeals Ord. 747
(Repealed by 016-06)
822 Volunteer firemen compensation (Re-
pealed by 1710)
823 Additions, betterments to water system,
bonds, repeals Ord. 803 (Special)
824 Food service establishment (Repealed by
1193)
825 Additions, betterments to waterworks sys-
tem, bonds (Special)
826 Repeals § 4 of Ord. 813, LID 63 (Special)
827 Repeals Ord. 752, Standard Oil franchise
(Repealer)
828 Amends § 1 of Ord. 720, mobile home, ve-
hicle (Repealed by 1615)
829 Establishes LID 64, sewer lines (Special)
830 Annexation (Special)
831 Amends § 6 of Ord. 698, adds § 6.1 of Ord.
698, sewer connection (Repealed by 1456)
832 Establishes sewer construction fund (Spe-
cial)
833 Acquisition of property (Special)
834 Approves assessments, LID 64 (Special)
835 Special election (Special)
836 Amends § 2 of Ord. 796, snow route (Re-
pealed by 1773)
837 Amends Ord. 830, annexation (Special)
838 Defines principal (1.04)
839 Adds Chapter 5.76, garbage collection fran-
chise (5.76)
840 Amends § 107 of Ord. 694, arterial streets
(Repealed by 1152)
841 Amends Ords. 823 and 825, water and sew-
er revenue bonds (Special)
842 Tax levy for 1970 (Special)
843 Salary schedules for 1970, repeals Ord. 814
(Repealed by 870)
844 Advance travel expense revolving fund
(3.08)
845 False fire alarm (Repealed by 1125)
846 Vacating portion of Kitsap Street (Tables)
847 Amends Ord. 647, garbage collection, rates
and use of sanitary land fill (Repealed by
1725)
848 Expenditure of funds (Special)
849 Disposal of waste by fire (Repealed by
1709, 1725)
(Revised 1/09)
B-12
850 Vacating portion of Orchard Street (Tables)
851 Sales or use tax (5.80)
852 Expenditure of funds (Special)
853 Transfer of funds (Special)
854 Repeals Ords. 480, 502, 571, 603 and 763,
licensing of card tables, amusement ma-
chines and devices and trade stimulants
(Repealer)
855 Water and sewer business and occupation
tax (5.84)
856 Establishes LID 65 (Special)
857 Lists and defines positions within police de-
partment (2.16)
858 Amends building code, marquee installa-
tion under LID (Repealed by 927)
859 Assessment for LID 64 (Special)
860 Amends Ord. 842, expenditure of funds
(Special)
861 Street vacation, effective when (12.08)
862 Amends § 17.04.050, mobile home defined
(Repealed by 1615)
863 Vacating portion of Old Hemlock Street
(Tables)
864 LID 64 bonds (Special)
865 Ad valorem tax (Special)
866 Transfer of funds (Special)
867 Amends § 6.04.060, garbage can weight
(Repealed by 1725)
868 Appropriation of funds (Special)
869 Budget for 1971 (Special)
870 Salary schedule for 1971, repeals 843 (Re-
pealed by 890)
871 Filing fee for classification of land (5.88)
872 Appropriation of funds (Special)
873 Amends §§ 2.28.010, 2.28.030, 2.28.040,
2.28.050, 2.28.060, 2.28.090 and 2.28.100,
vacations and sick leave (Repealed by
1467)
874 Warrant issuance (Special)
875 LID 65 assessment (Special)
876 Amends § 15.04.010, building code (Re-
pealed by 1677)
877 Amends § 5.72.010, cable TV (Repealed by
016-06)
878 Amends § 5.60.040, fireworks (Repealed
by 1706)
879 Emergency appropriation (Special)
880 Repeals § 17.40.050, 17.40.060 and
17.40.070, refuse (Repealer)
881 Amends § 5.56.230, taxi rates (Repealed by
1777)
Port Orchard Municipal Code
Ordinance Table
1250 Amends §§ 13.08.190 and 13.08.220, sew-
ers (Repealed by 1456)
1251 Amends 1983 budget (Special)
1252 (Not passed)
1253 Budget for 1984 (Special)
1254 Community events fund (3.56)
1255 Abolishes police reserve fund (Repealer)
1256 Condemnation of parcels of land for con-
struction of bypass (Special)
1257 Amends § 10.08.020, speed limits (10.08)
1258 Amends 1983 budget (Special)
1259 (Not passed)
1260 (Not passed)
1261 Condemnation of parcels of land for con-
struction of bypass (Special)
1262 Rezone (Special)
1263 Amends Ord. 1237, utility LID No. 1 (Re-
pealed by 1268)
1264 Waterworks utility bond issuance (Special)
1265 Registration of bonds, obligations (Re-
pealed by 1732)
1266 Condemnation of parcels of land for con-
struction of bypass (Special)
1267 Amends § 2 of Ord. 1264, bond issuance
(Special)
1268 Amends Ord. 1237; repeals Ord. 1263, util-
ity LID No. 1 (Special)
1269 Funds transfer (Special)
1270 Salary schedule for employees (Not codi-
fied)
1271 Amends § 3.08.010, advance travel expense
revolving fund (3.08)
1272 Authorizes contract for loan to city (Spe-
cial)
1273 Creates state land purchase trust fund (Re-
pealed by 1625)
1274 Condemnation of parcels of land for con-
struction of bypass (Special)
1275 Amends § 15.28.090, fire hydrants (Re-
pealed by 1699)
1276 Installation and inspection of mobile homes
(15.36)
1277 Master permit for Fathoms of Fun Festival
(Repealed by 1460)
1278 Adds § § 15.12.130 and 15.12.140; amends
§ 15.12.120, fire prevention code (Repealed
by 1698)
1279 Rezone (Special)
1280 Rezone (Special)
1281 Rezone (Special)
1282 Rezone (Special)
1283 Authorizes mayor to sign interlocal agree-
ment (Special)
1284 Amends 1984 budget (Special)
1285 Annexation (Special)
1286 By-pass debt reserve fund (Repealed by
1695)
1287 Appropriation (Special)
1288 State Environmental Policy Act; repeals
Ords. 983 and 1088 (Repealed by 1568)
1289 Tax levy (Special)
1290 Appropriation (Special)
1291 Rezone (Special)
1292 Domestic violence protection; amends §
9.02.040, public peace, morals and safety
(Repealed by 1565)
1293 (Denied)
1294 Amends § § 13.08.190 and 13.08.220, sew-
ers (Repealed by 1456)
1295 Annexation (Special)
1296 (Not passed)
1297 (Not passed)
1298 (Not passed)
1299 Budget for 1985 (Special)
1300 Amends 1984 budget (Special)
1301 (Not used)
1302 Amends Ch. 6 of Ord. 899, zoning (Re-
pealed by 1469)
1303 Amends § 10.12.040, parking (Repealed by
1391)
1304 Amends § 2.12.030, volunteer fire depart-
ment (2.12)
1305 Amends § 10.12.020, parking (Repealed by
1391)
1306 Rezone (Repealed by 1548)
1307 Rezone (Special)
1308 Annexation (Repealed by 1332)
1309 Civil service commission for fire depart-
ment (Repealed by 1570)
1310 Rezone (Special)
1311 Amends § 16 of Ord. 1163, zoning (Re-
pealed by 1469)
1312 Enforcement of zoning ordinance (Re-
pealed by 1469)
1313 Keeping of disorderly houses (Repealed by
1507)
1314 City employee salary schedule changes
(Special)
1315 Maintenance of sidewalks (12.12)
1316 Amends § 15.08.020, Uniform Plumbing
Code (Repealed by 1343)
B-19 (Revised 1/09)
Ordinance Table
1317 Amends § 15.04.010 and amends portions
of Uniform Building Code and Uniform
Building Security Code (Repealed by 1450)
1318 Amends § 15.12.010, Uniform Fire Code
(Repealed by 1557, 1678)
1319 Emergency water use (Repealed by 1456)
1320 Incarceration charges (Repealed by 009-07)
1321 Ad valorem taxes (Special)
1322 Amends § 7.12.100, dogs and cats (Re-
pealed by 1607)
1323 Amends § 18(A)(2) Ord. 1163, zoning (Re-
pealed by 1469)
1324 Amends § D of Ord. 1210, unlawful issu-
ance of bank check (Repealed by 1565)
1325 Fire lanes established (Repealed by 1705)
1326 Amends Ord. 895, comprehensive plan re-
zone (Not codified)
1327 Rezone (Special)
1328 Water -sewer equipment replacement fund
(3.68)
1329 Budget for 1986 (Special)
1330 Budget amendment (Special)
1331 Rezone (Special)
1332 Repeals Ord. 1308, annexation (Repealer)
1333 Amends § 10.08.020, speed limit (10.08)
1334 Waterworks plan adoption and funding
(Special)
1335 Mobile home parks (Repealed by 1615)
1336 County -city emergency services; repeals
Joint Resolution No. 72-1973 (Repealed by
022-05)
1337 Energy code (Repealed by 1475)
1338 Repeals and replaces § 9.28.060, shoplift-
ing (Repealed by 1565)
1339 Rezone (Special)
1340 Rezone (Special)
1341 Rezone (Special)
1342 Animals (Repealed by 1607)
1343 Uniform Plumbing Code; repeals Ords.
1052 and 1316 (Repealed by 1451)
1344 Transfer of funds (Special)
1345 Rezone (Special)
1346 Transfer of funds (Special)
1347 Water system cross -connections (Repealed
by 1456)
1348 (No action)
1349 (No action)
1350 Tax levy election (Special)
1351 Amends §§ 4, 7 and 11 of Ord. 1163 and
Chs. 3 and 4 of Ord 899, zoning (Repealed
by 1469)
1352 Salary schedule (Special)
1353 Amends § 9.16.010, assault (Repealed by
1565)
1354 Adopts certain RCW sections relating to
regulation and safe operation of boats (Re-
pealed by 1565)
1355 Parking regulations (Repealed by 1378,
1391, and 1415)
1356 Amends § 10.12.040, parking time limited
on certain streets (Repealed by 1650)
1357 Repeals and replaces Ch. 5.64, franchise
grant to Puget Sound Power and Light
Company (5.64)
1358 Amends § 10.12.020, parking regulations
(Repealed by 1391)
1359 Budget amendment (Special)
1360 Amends § 10.12.010, parking regulations
(Repealed by 1391)
1361 Ad valorem taxes (Special)
1362 Subdivisions (Repealed by 1619)
1363 Amends Ord. 875, comprehensive plan
(Not codified)
1364 Special investigative unit fund (3.72)
1365 Special investigative imprest fund (3.76)
1366 Budget amendment (Special)
1367 Amends Chs. 3, 4 and 5 of Ord. 899, Ch. 4
of Ord. 986, §§ 4, 5, 9,10, 14 and 25 of Ord.
1163, § 3 of Ord. 1124 and § 1 of Ord 1351,
zoning (Repealed by 1469)
1368 Budget for 1987 (Special)
1369 Rezone (Special)
1370 Appropriations (Special)
1371 Amends § 13.08.190, sewers (Repealed by
1456)
1372 Assessment (Special)
1373 Safety belt law (Repealed by 1565)
1374 Annexation (Special)
1375 Dog license; repeals §§ 2, 3, 4, 6 and 7 of
Ord. 693, § 1 of Ord. 802 and §§ 19, 20, and
21 of Ord. 907 (Repealed by 1607)
1376 Flood damage prevention (Repealed by
1439)
1377 Amends § 10.08.020, speed limits (10.08)
1378 Parking lots; repeals § 10.12.035 (Repealed
by 1384)
1379 Amends § 15.04.010, building code (Re-
pealed by 1450)
1380 Amends § 10.12.020, parking (Repealed by
1415)
1381 Residential parking permit (Repealed by
1427)
(Revised 1/09) B-20
Port Orchard Municipal Code
Ordinance Table
1382 Alley vacation (Tables)
1383 Kitsap County consolidated housing au-
thority (Not codified)
1384 Parking lots; repeals § 10.12.035 (Repealed
by 1650)
1385 Sewer, water extension reimbursement
(Repealed by 1852)
1386 Dog license; repeals § 2 of Ord. 1375 and §
1 of Ord. 1055 (Repealed by 1607)
1387 Special election for tax levy (Special)
1388 Budget amendment (Special)
1389 Compression brakes prohibited (10.84)
1390 Budget amendment (Special)
1391 Repeals § 1 or Ord. 1360, § 1 of Ord. 1358,
Ord. 1355, § 1 of Ord. 1305, § 1 of Ord.
1303, § 1 of Ord. 1179, § 1 of Ord. 1166, §
1 of Ord. 1164, § 1 of Ord. 1156, §§ 11, 12,
13, 15, 16, 17 and 18 of Ord. 1152, § 1 of
Ord. 1143, § § 3, 4, and 5 of Ord. 1054 and
§§ 2, 3, 4, 5, 6, 7, 8, 8.1, 9, 10, 11, 12, 13
and 14 of Ord. 1047, parking (Repealer)
1392 Wastewater treatment in lieu fees (Not cod-
ified)
1393 Zoning (Repealed by 1469)
1394 Amends Ord. 1292 § 1, Ord. 1242 § 1 and
Ord. 1125 § 2(I)(c), penalty for misdemean-
or (Repealed by 1565)
1395 Ad valorem tax determination (Special)
1396 Amends § 10.08.020, speed limit (10.08)
1397 Budget amendment (Special)
1398 Amends Ord. 1354 § 1, boating (Repealed
by 1565)
1399 Repeals conditions 2 and 13 of Ord. 1091
(Repealer)
1400 Salary schedule (Special)
1401 Modifies LID No. 1 (Special)
1402 Budget and tax levy for 1988 (Special)
1403 Annexation (Special)
1404 Annexation (Special)
1405 Amends § 10.08.020, speed limit (10.08)
1406 Rezone (Special)
1407 Fund appropriation, budget transfer (Spe-
cial)
1408 Rezone (Special)
1409 Vehicle impoundment (Repealed by 1798)
1410 Amends comprehensive plan (Special)
1411 Civil service exemptions (Not codified)
1412 (Number not used)
1413 Street vacation (Tables)
1414 Street vacation (Tables)
1415 Repeals Ords. 1380, 1356, 1355, 1152 § 14
and 1054 § 2 (Repealer)
1416 Closes and transfers balance of LID No. 65
fund to local improvement guaranty fund
(Special)
1417 Rezone (Special)
1418 Rezone (Special)
1419 Rezone (Special)
1420 Number not used
1421 Rezone (Special)
1422 Repeals Ord. 1158, frontage roads required
on commercial enterprises (Repealer)
1423 Amends § 1 of Ord. 756, surety bonds
(2.36)
1424 Alley vacation (Tables)
1425 Number not used
1426 Rezone (Repealed by 1548)
1427 Residential parking permit system; repeals
Ord. 1381 (10.14)
1428 Amends Ord. 1365, special investigative
unit imprest fund (3.76)
1429 Rezone (Special)
1430 Unauthorized and junk vehicles (Repealed
by 1565)
1431 Rezone (Special)
1432 1989 ad valorem taxes (Special)
1433 Amends 1988 salary schedule (Special)
1434 Annexation (Special)
1435 Flood damage prevention (15.38)
1436 Rezone (Special)
1437 Rezone (Special)
1438 Rezone (Special)
1439 Repeals Ord. 1376, flood damage preven-
tion (Repealer)
1440 Budget and tax levy for 1989 (Special)
1441 Annexation (Special)
1442 Amends § 13.08.060, sewers (Repealed by
1456)
1443 Hazardous materials facility warning sys-
tem (Repealed by 1713)
1444 Amends § 17.72.010, parking of mobile
homes (Repealed by 1615)
1445 Amends 1988 budget (Special)
1446 Amends Ord. 1435, flood damage preven-
tion (15.38)
1447 Alley vacation (Tables)
1448 Rezone (Special)
1449 Admissions tax (5.22)
1450 Uniform Building Code; repeals Ords. 1317
and 1379 (Repealed by 1555)
B-21 (Revised 1/09)
Ordinance Table
1451 Uniform Plumbing Code; repeals Ord. 1343
(Repealed by 1556)
1452 Amends § 15.12.010, fire prevention code
(Repealed by 1557)
1453 Amends comprehensive plan (Special)
1454 Rezone (Special)
1455 Rezone (Special)
1456 Water and sewers; repeals Chs. 13.04 and
13.08 (Repealed by 1466)
1457 Smoking prohibited in city workplaces (Re-
pealed by 002-07)
1458 Annexation (Special)
1459 Amends § 10.08.020, speed limits (10.08)
1460 Fathoms O' Fun festival permit; repeals
Ord. 277 (Repealed by 1567)
1461 Amends comprehensive plan (Special)
1462 Street vacation (Tables)
1463 Commercial activity prohibited on city -
owned docks and piers (Repealed by 1590)
1464 Cable television franchise (Repealed by
016-06)
1465 Rezone (Special)
1466 Repeals and replaces Ord. 1456, water and
sewers (Repealed by 1493)
1467 Vacations and leaves of absence; repeals
Ords. 715, 748, 873, 914, 966, 981, 1104
and 1176 (Repealed by 1740)
1468 Rezone (Special)
1469 Zoning; repeals Ords. 899, 986, 987, 988,
1163, 1194, 1214, 1302, 1312, 1323, 1351,
1367 and 1393 (Repealed by 1748)
1470 Rezone (Repealed by 1545)
1471 Rezone (Special)
1472 Salary schedule (Special)
1473 Ad valorem taxes (Special)
1474 Rezone (Special)
1475 Energy code; repeals Ord. 1337 (Repealed
by 1517)
1476 Rezone (Special)
1477 Rezone (Special)
1478 Designates Port Orchard Boulevard as a
limited access road (Special)
1479 Amends §§ 9 and 10 of Ord. 1152, speed
limits (10.08)
1480 Budget and tax levy for 1990 (Special)
1481 Funds (3.80)
1482 Street vacation (Tables)
1483 Budget amendment (Special)
1484 Alley vacation (Tables)
1485 Plat vacation (Tables)
1486 Street vacation (Tables)
1487 Rezone (Special)
1488 Rezone (Special)
1489 Designates deputy city clerk as auditing of-
ficer; repeals Ord. 1014 (2.44)
1490 Street vacation (Tables)
1491 Authorizes special election (Special)
1492 Amends §§ 4 and 6.1(B)(9)(f) of Ord. 1469,
zoning (Repealed by 1667)
1493 Repeals and replaces Ord. 1466, water and
sewers (Repealed by 1549)
1494 Ad valorem taxes (Special)
1495 Amends § 301 (b) of the Uniform Building
Code (Repealed by 1555)
1496 Amends Ord. 1035, rezone (Special)
1497 Rezone (Special)
1498 Rezone (Special)
1499 Budget and tax levy for 1991 (Special)
1500 Amends Ord. 1472, salary schedule (Spe-
cial)
1501 Annexation (Special)
1502 Amends 1990 budget (Special)
1503 Rezone (Special)
1504 Rezone (Special)
1505 Rezone (Special)
1506 Rezone (Special)
1507 Keeping disorderly house (Repealed by
1565)
1508 Amends Chs. 4 and 10 of Ord. 1469, zoning
(Repealed by 1748)
1509 Amends Ch. 17 of Ord. 1469, zoning (Re-
pealed by 1748)
1510 Repeals Ords. 1087 and 1051 §§ 4, 7, 12, 14
and 23 (Repealer)
1511 Rezone (Special)
1512 Transfers bypass fund to cumulative re-
serve fund (Repealed by 1695)
1513 Vacating public right-of-way procedures
(16.04)
1514 Amends Ch. 5 of Ord. 1469, zoning (Re-
pealed by 1748)
1515 Imposes real estate excise tax, repeals Ord.
1208 (3.52)
1516 Amends Ch. 13 of Ord. 1469, zoning (Re-
pealed by 1748)
1517 Adopts state energy and indoor air quality
codes, repeals Ord. 1475 (Repealed by
1637)
1518 Street vacation (Tables)
1519 Alley vacation (Tables)
1520 Obstructing public officer (Repealed by
1565)
(Revised 1/09) B-22
Port Orchard Municipal Code
Ordinance Table
1625 Repeals Ords. 387, 553, 888, 904, 954, 991,
1009, 1021,1023, 1119 and 1273 (Repeal-
er)
1626 Amends Ord. 1599, salary schedule (Spe-
cial)
1627 Amends 1994 budget (Special)
1628 Rezone (Special)
1629 Approves preliminary plat of Castle Gate
subdivision (Special)
1630 Repeals and replaces Ch. 9.30, abatement
of nuisances (Repealed by 1666)
1631 Repeals and replaces Ch. 9.46, commercial
activity prohibited on city -owned docks and
piers (Repealed by 1771)
1632 Approves preliminary plat of Aidan Place
subdivision (Special)
1633 Rezone (Special)
1634 Adopts 1995 comprehensive plan (1.12)
1635 Approves preliminary plat of Rockport sub-
division (Special)
1636 Building code; repeals Ord. 1555 (Repealed
by 1703, 1729)
1637 Energy code and ventilation and indoor air
quality code; repeals Ord. 1517 (Repealed
by 1728)
1638 Repeals and replaces § 15.12.010, fire pre-
vention code (Repealed by 1698)
1639 Amends § 9.24.050, offenses against public
order (Repealed by 1724)
1640 Amends Ord. 1594, zoning (Special)
1641 Ad valorem taxes (Special)
1642 Budget and tax levy for 1996 (Special)
1643 Amends Ord. 1626, salary schedule (Spe-
cial)
1644 Amends 1995 budget (Special)
1645 Enrollment of police reserve officers (2.18)
1646 Concurrency management system (13.08)
1647 Dedicates Lloyd Parkway as a public right-
of-way (Special)
1648 Amends Ord. 1469, rezone (Special)
1649 Amends Chs. 5.5 B(4) and 5.6 B(5) of Ord.
1469, zoning (Repealed by 1748)
1650 Parking, stopping or standing; repeals § 14
of Ord. 1152, § 2 of Ord. 1384, and Ords.
1356 and 1522 (10.12)
1651 Amends § 9.18.020 and adds § 9.16.080,
crimes against the person (Repealed by
1724)
1652 Approves preliminary plat (Special)
1653 Amends Ord. 1469, rezone (Special)
1654 Amends Ord. 1594, project site plan (Spe-
cial)
1655 Amends § 17.36.010, parking of mobile
homes and recreational vehicles (Repealed
by 1700, 1734)
1656 Pedestrian interference (Repealed by 1724)
1657 Repeals Ord. 729 (Repealer)
1658 Street vacation (Tables)
1659 Annexation (Special)
1660 Bremerton-Kitsap county health district
(Repealed by 1867)
1661 Tax levy for 1997 (Special)
1662 Amends Ord. 1469, rezone (Special)
1663 Water and sewer rates; repeals Ord. 1610
(Repealed by 1683)
1664 Mileage allowance; repeals Ords. 1015,
1135, and 1535 (2.48)
1665 Amends Ch. 5.12, general business licens-
ing; repeals Ords. 784, 949, 960 (Repealed
by 1701)
1666 Nuisances; repeals Ord. 1630 (Repealed by
1724)
1667 Amends § 4 of Ord. 1469 and Ch. 6; repeals
Ord. 1492, zoning (Repealed by 1748)
1668 Budget for 1997 (Special)
1669 Base salary schedules (Special)
1670 Amends Ord. 1469, rezone (Special)
1671 Authorizes joint use parking lot (Special)
1672 Amends 1996 budget (Special)
1673 Repeals Ords. 948 and 969 (Repealer)
1674 Approves preliminary plat (Special)
1675 Amends § 9.18.090, interfering with report-
ing of domestic violence (Repealed by
1724)
1676 Amends Ord. 1674, preliminary plat (Spe-
cial)
1677 Repeals Ords. 737, 750, 762, 788, 818, 876,
893, 906, 916, 927, 950, 997, 1046, 1068,
1076, 1114 and 1216 (Repealer)
1678 Repeals Ords. 655, 894, 900, 917, 928, 998,
1108, 1218 and 1318 (Repealer)
1679 Repeals Ord. 1217 (Repealer)
1680 Repeals §§ 4,5 and 6 of Ord. 1152 (Repeal-
er)
1681 Amends comprehensive plan (Special)
1682 Adds § 11.04.080, skateboards (11.04)
1683 Water and sewers; repeals Ord. 1663 (Re-
pealed by 1707)
1684 Amends comprehensive plan (Special)
1685 Amends Ord. 1469, rezone (Special)
1686 Street vacation (Denied)
B-25 (Revised 1/09)
Ordinance Table
1687
Amends Ord. 1469, rezone (Special)
1722
Special election for emergency services
1688
Amends Ord. 1469, rezone (Special)
levy (Special)
1689
Amends Ord. 1469, rezone (Special)
1723
Pawnbrokers; repeals Ord. 524 (5.40)
1690
1998 tax levy (Special)
1724
Repeals and replaces §§ 1.04.020, 9.02.010
1691
Annexation (Special)
— 9.02.070, 9.04.010, 9.08.010 — 9.08.130,
1692
1998 budget and tax levy (Special)
9.10.010 — 9.10.080, 9.12.010 — 9.12.090,
1693
Amends Ord. 1689, rezone (Special)
9.14.010 — 9.14.090, 9.16.010 — 9.16.080,
1694
Amends Ord. 1669, salary schedules (Spe-
9.18.010 — 9.18.090, 9.20.010 — 9.20.080,
cial)
9.24.010 — 9.24.060, 9.26.010 — 9.26.090,
1695
Repeals Ord. 1286 (Repealer)
9.28.010 — 9.28.180, 9.30.010 — 9.30.100,
1696
Amends 1997 budget (Special)
9.32.010 — 9.32.050, 9.34.010 — 9.34.060,
1697
Fire authority (2.12)
9.36.010 — 9.36.030, 10.88.010 —
1698
Fire code; repeals Ords. 1111, 1278, 1638
10.88.030, 10.92.010 — 10.92.070, public
and 1678 (Repealed by 1726)
peace, safety and morals (1.04, 9.02, 9.04,
1699
Fire hydrant installation; repeals Ords.
9.08, 9.10, 9.12, 9.14, 9.16, 9.18, 9.20, 9.24,
1141 and 1275 (15.28)
9.28, 9.30, 9.32, 9.34, 9.36, 10.88, 10.92)
1700
Mobile home parks; repeals Ord. 1615
1725
Garbage and refuse; repeals Ords. 647, 847,
(17.04)
849, 867, 891, 912 and 1202 (6.04)
1701
Business licenses; repeals Ord. 1665 (5.12)
1726
Fire prevention code; repeals Ord. 1698
1702
Subdivisions; repeals Ord. 1619 (16.04)
(15.12)
1703
Building code; repeals Ord. 1636 (15.04)
1727
Plumbing code; repeals Ord. 1556 (15.08)
1704
Civil service commission; repeals Ord.
1728
Energy code and ventilation and indoor air
1570 (2.30)
quality code; repeals Ord. 1637 (15.44)
1705
Fire lanes; repeals Ord. 1325 (10.60)
1729
Building code; repeals Ord. 1636 (15.04)
1706
Fireworks; repeals Ords. 692, 878 and 1233
1730
(Voided)
(5.60)
1731
Code enforcement officer; repeals Ord.
1707
Water and sewers; repeals Ord. 1683 (Re-
1614 (Repealed by 1743)
pealed by 1745)
1732
Registration of bonds, obligations; repeals
1708
Smoking in city workplaces (Repealed by
Ord. 1265 (3.84)
002-07)
1733
Bond issuance (Special)
1709
Repeals Ord. 849 (Repealer)
1734
Repeals Ord. 1655 (Repealer)
1710
Repeals Ords. 372, 614, 822, 921 and 974
1735
Amends § 15.04.010; repeals Ord. 1703,
(Repealer)
building code (15.04)
1711
Burning rubbish; repeals Ord. 1202 (6.04)
1736
Stormwater management; repeals Ord.
1712
Hazardous material incident command
1098 (Repealed by 1845)
agency; repeals Ord. 1212 (2.14)
1737
Amends Ord. 1609, revised site plan for the
1713
Hazardous materials facility warning sys-
South Kitsap Health Care Campus (Special)
tem; repeals Ord. 1443 (15.48)
1738
Amends Ord. 1635, preliminary plat of
1714
Amends Ord. 1693, rezone (Special)
Rockport subdivision (Special)
1715
Special election for emergency services
1739
Amends Ord. 1632, preliminary plat of Aid -
levy (Special)
an Place subdivision (Special)
1716
Parking violators (10.76)
1740
Vacations and leaves of absence; repeals
1717
Amends Ord. 1652, preliminary plat (Spe-
Ord. 1467 (2.28)
cial)
1741
Signs; repeals Ord. 607 (Repealed by 1762)
1718
Amends Ord. 1632, preliminary plat (Spe-
1742
1999 tax levy (Special)
cial)
1743
Code enforcement officer; repeals Ord.
1719
Amends Ord. 1635, preliminary plat (Spe-
1731 (Repealed by 1749)
cial)
1744
Amends Ord. 1694, salary schedules (Spe-
1720
Amends § 12 of Ord. 1650, parking (10.12)
cial)
1721
Special election for emergency services
1745
Water and sewers; repeals Ord. 1707 (Re -
levy (Special)
pealed by 1768)
(Revised 1/09) B-26
Port Orchard Municipal Code
Ordinance Table
1877 Amends Ord. 1840, salary schedules (Re-
pealed by 1922)
1878 Adopts 2003 budget (Special)
1879 Rezone (Special)
1880 Repeals Ch. 3.48, emergency medical ser-
vices six -year special levy fund-1980 (Re-
pealer)
1881 Amends 2002 budget (Special)
1882 Amends comprehensive plan map (Special)
1883 Rezone (Special)
1884 Amends comprehensive plan map (Special)
1885 Amends comprehensive plan map (Special)
1886 Amends comprehensive plan (Special)
1887 Amends comprehensive plan map (Special)
1888 Rezone (Special)
1889 Amends comprehensive plan map (Special)
1890 Adds §§ 9.08.140, 9.12.005, 9.12.100,
9.12.110, 9.12.120, 9.12.130, 9.16.090,
9.20.090, 9.26.100, 9.32.070, 9.32.080 and
9.32.090; amends §§ 9.08.060, 9.12.050,
9.12.090, 9.16.030, 9.16.050, 9.16.060,
9.18.020, 9.24.060, 9.28.010, 9.28.060,
9.28.120 and 9.36.020; repeals
§§ 9.08.010, 9.08.030, 9.08.040, 9.14.060,
9.26.010 — 9.26.090 and 9.36.030; criminal
code (9.08, 9.12, 9.16, 9.18, 9.20, 9.24,
9.26, 9.28, 9.32, 9.36)
1891 Amends §§ 7.04.100, 7.04.160, 7.04.170;
repeals § 7.04.150; animal control (7.04)
1892 Amends §§ 2.64.030(1) and 2.64.040, en-
forcement (2.64)
1893 Amends Ord. 1748, zoning (Not codified)
1894 Adds Ch. 9.31, graffiti removal (9.31)
1895 Amends Ord. 1748, zoning (Not codified)
1896 Amends § 13.04.060, water and sewers
(13.04)
1897 Amends Ch. 13.04, water and sewers
(13.04)
1898 (Number not used)
1899 Adds Ch. 10.18, parking of boats and recre-
ational vehicles (10.18)
1900 Annexation (Special)
1901 Amends Ord. 1748, zoning (Not codified)
1902 (Number not used)
1903 Amends § 15.16.210(3), signs (Repealed
by 1924)
1904 Amends § 10.12.270(1)(b), parking (10.12)
1905 Rezone (Special)
1906 Bond issuance (Special)
1907 Amends § 9.30.020, sidewalk and driveway
drainage (Repealed by 1948)
1908 Rezone (Special)
1909 (Number not used)
1910 Amends §§ 16.04.180, 16.04.190,
16.04.200, 16.04.210, 16.04.220,
16.04.230 and 16.04.240, subdivisions
(16.04)
1911 Amends Ord. 1653, rezone (Special)
1912 Alley vacation (Tables)
1913 Rezone (Special)
1914 Annexation (Special)
1915 Amends §§ 10.72.030, 10.72.035 and
10.72.040, impounded vehicles (10.72)
1916 Amends Ord. 1748, zoning (Not codified)
1917 Amends Ord. 1748, zoning (Not codified)
1918 2004 tax levy (Special)
1919 Amends 2003 budget (Special)
1920 Adopts 2004 budget (Special)
1921 Repeals Ord. 1787, bond fund (Repealer)
1922 Salary schedules; repeals Ord. 1877 (Re-
pealed by 1957)
1923 Amends § 2.04.220; repeals Res. 1974,
committees (2.04)
1924 Signs; repeals Ord. 1762 (15.16)
1925 Amends 2003 budget (Special)
1926 Amends comprehensive plan map (Special)
1927 Amends comprehensive plan map (Special)
1928 Amends §§ 10.14.020, 10.14.030,
10.14.040, and 10.14.070, residential park-
ing permit system (10.14)
1929 Adds §§ 9.36.040 and 9.36.050, weapons
and explosives (9.36)
1930 Amends § 2.04.030, council meetings
(2.04)
1931 Amends § 2.04.010, council meetings
(2.04)
1932 Adds Ch. 1.16, official newspaper (1.16)
1933 Rezone (Special)
1934 Adds § 2.04.240; repeals Ord. 1923 §§ 3
and 4, council meetings (Repealed by 004-
06)
1935 Rezone (Special)
1936 (Number not used)
1937 Amends § 9.24.050; repeals Ord. 1824,
public disturbance noises (9.24)
1938 Amends 2004 budget (Special)
1939 (Pending)
1940 (Pending)
1941 Alley vacation (Tables)
1942 Adds § 9.14.025; amends §§ 9.14.020,
9.16.010, 9.16.040, and 9.28.020, offenses
(9.14, 9.16, 9.28)
B-29 (Revised 1/09)
Ordinance Table
1943 Rezone (Special)
1944 Amends §§ 7.01.010(10), 7.06.020,
7.06.030, 7.06.040(4), and 7.06.060, dan-
gerous animals (7.01, 7.06)
1945 Amends §§ 15.04.010 and 15.08.010,
building codes; repeals § 15.04.020, build-
ing codes (15.04, 15.08)
1946 Amends Ch. 15.12, fire code (15.12)
1947 Amends 2004 budget (Special)
1948 Amends § 9.30.020, types of nuisances; re-
peals Ord. 1907 (9.30)
1949 Rezone (Special)
1950 Adds Ch. 7.10, exotic animals (7.10)
1951 Adopts updated comprehensive emergency
management plan (Special)
1952 Amends Ord. 1748, zoning (Not codified)
1953 Adds Ch. 10.30, bicycle safety and helmets
(10.30)
1954 Amends Ord. 1737, revised site plan for the
South Kitsap Health Care Campus (Special)
1955 Amends comprehensive plan (Special)
1956 2005 tax levy (Special)
1957 Salary schedules; repeals Ord. 1922 (Spe-
cial)
1958 Adopts 2005 budget; tax levy (Special)
1959 Repeals and replaces §§ 10.12.030,
10.12.040, 10.12.140 and 10.12.220, park-
ing, standing and stopping; repeals
§ 10.12.430 and Ord. 1650 §§ 4, 5, 15, 23
and 44 (10.12)
1960 Establishes employment position and sala-
ry schedule (Special)
1961 Amends 2004 budget (Special)
1962 Amends comprehensive plan map (Special)
001-05 Amends § 2.36.010, surety bonds (2.36)
002-05 Amends comprehensive plan map (Spe-
cial)
003-05 Adds § 7.04.021; amends §§ 7.01.010
and 7.04.020, animal control (7.01, 7.04)
004-05 Adds Ch. 9.55, urinating in public (9.55)
005-05 Annexation (Special)
006-05 Amends § 5.72.100, cable TV franchise
period (Repealed by 016-06)
007-05 Adds § 10.12.475, impoundment of vehi-
cles with unpaid tickets (10.12)
008-05 Alley vacation (Tables)
009-05 Amends § 5.12.030, business license ex-
emptions (5.12)
010-05
Amends §§ 13.04.010, 13.04.020,
13.04.030, 13.04.040, 13.04.050 and
13.04.055, water and sewers; repeals
13.04.070 (13.04)
011-05
Amends § 10.72.030, vehicle impound-
ments (10.72)
012-05
Amends § 2.04.050, council meetings
(2.04)
013-05
Adds § 10.12.430, parking, stopping and
standing penalties (10.12)
014-05
Amends § 5.72.100, cable TV franchise
period (Repealed by 016-06)
015-05
Rezone (Special)
016-05
Adds § 15.38.335; amends §§ 15.38.060,
15.38.110 and 15.38.340, flood damage
prevention (15.38)
017-05
(Number not used)
018-05
Amends § 10.12.080, parking prohibited
and restricted (10.12)
019-05
Amends conditions for site -specific plan
(Special)
020-05
Amends § 2.60.010, compensation for
city council members; repeals § 2.60.020
(2.60)
021-05
Amends 2005 budget (Special)
022-05
Repeals Ch. 2.56 and Ord. 1336 (Repeal-
er)
023-05
Amends Ch. 5.20, cabarets (5.20)
024-05
2006 tax levy (Special)
025-05
Adopts 2006 budget (Special)
026-05
Amends § 2.16.030, police department
positions designated (2.16)
027-05
Amends § 10.12.430, parking, stopping
and standing penalties (10.12)
028-05
Amends § 2.44.010, auditing officer
(2.44)
029-05
Amends § 9.22.030, charges for false
alarms (9.22)
030-05
Amends § 5.72.100, cable TV franchise
period (Repealed by 016-06)
001-06
Amends 2005 budget (Special)
002-06
Abolishes water -sewer revenue bonds,
1984 fund (Special)
003-06
Amends 2005 budget (Special)
004-06
Repeals § 2.04.240 (Repealer)
005-06
Amends § 2.04.160, voting required by
council member (2.04)
006-06
Amends § 2.04.010, council meeting
time and place (2.04)
007-06
Adds § 15.04.010(4), climatic and geo-
graphic design criteria (15.04)
(Revised 1/09) B-30
Port Orchard Municipal Code
Ordinance Table
008-06
Rezone (Special)
009-06
Amends § 5.72.100, cable TV franchise
period (Repealed by 016-06)
010-06
Amends 2006 budget (Special)
011-06
Rezone (Special)
012-06
Amends Ord. 1748, zoning (Not codified)
013-06
Amends 2006 budget (Special)
014-06
Amends § 5.72.100, cable TV franchise
period (Repealed by 016-06)
015-06
Amends Ord. 1748, zoning (Not codified)
016-06
Grants cable TV francise; repeals Ch.
5.72 (Special)
017-06
Rezone (Special)
018-06
Rezone (Special)
019-06
Rezone (Special)
020-06
Rezone (Special)
021-06
Rezone (Special)
022-06
2007 tax levy (Special)
023-06
Amends §§ 13.04.030 and 13.04.040,
water and sewers (13.04)
024-06
Street vacation (Tables)
025-06
Adopts 2007 budget (Special)
026-06
Amends comprehensive plan, capital fa-
cilities element (Special)
027-06
Amends 2006 budget (Special)
001-07
Authorizes Kitsap County consolidated
housing authority to exercise specified
powers of a public development authority
(Special)
002-07
Repeals and replaces Ch. 9.44, smoking
prohibited in public places and places of
employment (9.44)
003-07
Adds §§ 9.34.010(11) and 9.34.070, lit-
tering (9.34)
004-07
Adds § 10.60.080; amends §§ 10.60.030
and 10.60.070, fire lanes (10.60)
005-07
Temporary moratorium on home occupa-
tions and home professions as accessory
uses in residential zones (Special)
006-07
Amends §§ 15.16.060 and 15.16.120,
signs (15.16)
007-07
Rezone (Special)
008-07
Adds Ch. 18.30, reimbursement of costs
for review and processing of land use ap-
plications, and T. 18, planning permit
processing (Not codified)
009-07
Repeals Ch. 9.54 and Ord. 1320 (Repeal-
er)
010-07
Repeals Ch. 10.80 and Ord. 782 (Repeal-
er)
011-07
Amends §§ 10.14.020 and 10.14.040,
residential parking permit system, and
Ord. 1748, zoning (10.14)
012-07
Amends § 15.04.010, building codes
adopted (15.04)
013-07
Amends §§ 15.12.010, 15.12.030,
15.12.040, 15.12.050, 15.12.070,
15.12.080 and 15.12.100, fire prevention
code (15.12)
014-07
Amends § 15.44.010, ventilation and in-
door air quality code adopted (15.44)
015-07
Amends §§ 15.08.010 and 15.08.020,
plumbing code adopted (15.08)
016-07
Moratorium on sign usage for home pro-
fessions (Failed)
017-07
Rescinds moratorium on home profes-
sions as accessory uses in residential
zones (Special)
018-07
Street vacation (Tables)
019-07
Adds Ch. 12.16, undergrounding of utili-
ties (12.16)
020-07
Annexation (Special)
021-07
Annexation (Special)
022-07
Pre -annexation comprehensive plan/zon-
ing designation (Special)
023-07
Annexation (Special)
024-07
Annexation (Special)
025-07
Adds Ch. 18.96, downtown overlay dis-
trict, and T. 18, zoning and development
(Not codified)
026-07
Adds Ch. 5.99, home businesses; amends
Ord. 1748, zoning (5.99)
027-07
Pre -annexation comprehensive plan/zon-
ing designation (Special)
028-07
Annexation (Special)
029-07
Pre -annexation comprehensive plan/zon-
ing designation (Special)
030-07
Annexation (Special)
031-07
Rezone (Special)
032-07
Temporary moratorium on home occupa-
tions and home (cottage) industries as ac-
cessory uses in residential zones (Special)
033-07
Pre -annexation comprehensive plan/zon-
ing designation (Special)
034-07
Annexation (Special)
035-07
Adds Chs. 2.76 [2.78], design review
board, and 18.94, design review process
[not codified] (2.78)
036-07
Adds § 9.24.080, fighting in public; re-
peals § 9.16.030 (9.24)
037-07
2008 tax levy (Special)
B-31 (Revised 1/09)
Ordinance Table
038-07
Annexation (Special)
039-07
Amends §§ 5.22.040 and 5.22.070, ad-
missions tax (5.22)
040-07
Rezone (Special)
041-07
Amends 2007 budget (Special)
042-07
Adopts 2008 budget (Special)
043-07
(Number not used)
044-07
Rezone (Special)
045-07
Rezone (Special)
046-07
Adds T. 16, land use regulatory code; re-
peals Chs. 13.08, 15.16 and 16.04, Ords.
1748, 1785, 1859, 1860, 1876, 1895,
1901, 012-06, 015-06, 011-07 and 025-
07, and Resos. 2083 and 010-05 (Not cod-
ified)
047-07
Adds Ch. 2.76, hearing examiner; repeals
§ 2.20.040 (2.76)
048-07
Amends § 14.04.090, flexible thresholds
for categorical exemptions (14.04)
049-07
Amends §§ 5.22.030, 5.22.040 and
5.22.070, admissions tax (5.22)
001-08
Amends §§ 2.04.010 and 2.04.060, city
council meetings (2.04)
002-08
Street vacation (Tables)
003-08
Rezone (Special)
004-08
Rezone (Special)
005-08
Amends Ch. 16.05, comprehensive plan
and amendments (Not codified)
006-08
Amends Ch. 2.78, design review board
(2.78)
007-08
Amends § 2.76.030 [2.78.030], design re-
view board (2.78)
008-08
Rezone (Special)
009-08
Amends § 5.56.170, taxicabs (5.56)
010-08
Alley vacation (Tables)
011-08
Rezone (Special)
012-08
Amends stormwater design manual (Spe-
cial)
013-08
Adds § 13.04.033, 13.04.035, 13.04.037,
13.04.039 and 13.04.065; amends
§§ 13.04.010, 13.04.030, 13.04.040(8)
and 13.04.050(2), water and sewers
(13.04)
014-08
Adds §§ 10.86.033, 10.86.035 and
10.86.115; amends §§ 10.86.020,
10.86.030, 10.86.040, 10.86.050,
10.86.060, 10.86.070, 10.86.080,
10.86.090, 10.86.100, 10.86.120,
10.86.130 and 10.86.150, commute trip
reduction (10.86)
015-08
Amends 2008 budget (Special)
016-08 Amends 2008 budget (Special)
017-08 Amends § 2.78.030, design review board
(2.78)
018-08
Rezone (Special)
019-08
Amends Ord. 028-07, annexation (Spe-
cial)
020-08
Amends 2008 budget (Special)
021-08
Rezone (Special)
022-08
Annexation (Special)
023-08
Amends Ord. 1603, street vacation (Ta-
bles)
024-08
Rezone (Failed)
025-08
Amends Ord. 011-06, rezone (Special)
026-08
Amends § § 5.60.010, 5.60.020, 5.60.040
and 5.60.050, and Ch. 5.60 title, fire-
works (5.60)
027-08
Amends § 13.04.020, bimonthly sewer
rates (13.04)
028-08
Rezone (Special)
029-08
Rezone (Special)
030-08
Adds §§ 12.16.140, 12.16.150 and
12.16.160; amends §§ 12.16.010,
12.16.020, 12.16.060, 12.16.090,
12.16.110, 12.16.120 and 12.16.130, un-
dergrounding of utilities (12.16)
031-08
Rezone (Special)
032-08
Street vacation (Withdrawn)
033-08
Adds Ch. 1.18, public records requests
(1.18)
034-08
(Pending)
035-08
Amends § 2.60.030, compensation for
city council members (2.60)
036-08
Adds Ch. 13.06, storm drainage utility
(13.06)
037-08
Adds §§ 13.06.060, 13.06.070,
13.06.080, 13.06.090, 13.06.100,
13.06.110, 13.06.120, 13.06.130 and
13.06.140, storm drainage utility (13.06)
038-08
Adds § 5.60.015; amends §§ 5.60.010,
5.60.020 and 5.60.040, fireworks (5.60)
039-08
Rezone (Failed)
040-08
Adds §§ 10.18.040 and 10.18.050;
amends § 10.18.010, parking of boats and
recreational vehicles; repeals Res. 2045
(10.18)
041-08
2009 tax levy (Special)
(Revised 1/09) B-32
Port Orchard Municipal Code
Animals
—A—
Abandoned vehicles See under Parking
Admissions tax
Accounting for admission 5.22.060
Collection, payment 5.22.070
Definitions
admissions charge 5.22.030
city 5.22.030
nonprofit organization 5.22.030
person 5.22.030
place 5.22.030
start-up business 5.22.030
treasurer 5.22.030
Exemptions 5.22.050
Imposed 5.22.040
Jurisdiction 5.22.020
Late payment, penalty 5.22.080
Levied 5.22.010
Liability 5.22.100
Recordkeeping 5.22.110
Registration 5.22.090
Rules, regulations 5.22.120
Violation, penalty 5.22.130
Advance travel expense revolving fund
Created 3.08.010
General provisions 3.08.010
Travel expense voucher 3.08.020
Use restrictions 3.08.030
Advertising See Billboards, handbills; Signs
Affirmative action program
Adopted, purpose 2.40.010
Complaint procedure
designated 2.40.140
generally 2.40.130
Departmental equal opportunity officers 2.40.040
Education, training 2.40.080
Employee recruitment 2.40.050
Examinations, tests 2.40.070
Exit interviews 2.40.100
Job qualifications 2.40.060
Officer designated, duties 2.40.030
Policy
generally 2.40.020
statement 2.40.120
Reports, records 2.40.110
Supervisor evaluation 2.40.090
Alarm systems
Applicability of provisions 9.22.005
Definitions
alarm 9.22.003
burglar alarm 9.22.003
false alarm 9.22.003
fire alarm 9.22.003
robbery alarm 9.22.003
False alarms
charges 9.22.030
unlawful 9.22.020
Telephone number of person authorized to reset, turn
off 9.22.010
Violation, penalty 9.22.040
Alcohol regulations See Criminal code
Animals
Boarding kennels See Pet shops, animal shelters,
boarding kennels
Chasing vehicles 7.04.040
Commercial kennels prohibited 7.22.010
Control appeal board
created 2.68.010
members
eligibility 2.68.010
terms 2.68.020
powers, duties 2.68.030
Cruelty 7.04.100
Dangerous
declaration, appeal 7.06.030
exemptions 7.06.010
potentially, declaration 7.06.020
registration 7.06.040
violation
abatement 7.06.090
civil infraction 7.06.080
impoundment, citations 7.06.060
misdemeanor 7.06.070
public nuisance declaration 7.06.050
Definitions
abandonment 7.01.010
adequate shelter 7.01.010
animal 7.01.010
animal control authority 7.01.010
at large 7.01.010
boarding kennel 7.01.010
cat 7.01.010
commercial kennel 7.01.010
court 7.01.010
dangerous animal 7.01.010
dog 7.01.010
dog handler 7.01.010
domestic livestock 7.01.010
grooming parlor 7.01.010
hobby kennel 7.01.010
inhumane treatment 7.01.010
local law enforcement officer 7.01.010
neglect 7.01.010
owner 7.01.010
pet shop 7.01.010
police dog 7.01.010
potentially dangerous 7.01.010
provocation 7.01.010
secure enclosure 7.01.010
severe injury 7.01.010
Index-1 (Revised 1/09)
Billboards, handbills
stray 7.01.010
redemption
under control 7.01.010
domestic 7.08.060
Disposal of feces, waste 7.04.110
livestock 7.08.070
Exotic
sale of unclaimed 7.08.080
defined 7.10.020
unlicensed 7.12.070
euthanasia, when 7.10.100
Injured, diseased 7.04.090
inspection, periodic 7.10.070
Licenses
intent 7.10.010
See also Violation
license
cat 7.12.015
application, content 7.10.050
dog 7.12.010
issuance
due date 7.12.030
generally, fees 7.10.040
fee 7.12.020
premises inspection 7.10.060
issuance 7.12.040
revocation 7.10.080
proof 7.12.080
limitations 7.10.110
transferability 7.12.050
possession unlawful, exception, compliance
Livestock keeping 7.04.080
7.10.030
Lost tags 7.12.060
violation, penalty 7.10.090
Number restrictions 7.12.090
Feeding 7.04.021
Pet shops, animal shelters, boarding kennels
Female dog, cat in heat 7.04.070
facility requirements 7.16.090
Fighting, state statutes adopted 7.04.160
inspections 7.16.100
Grooming parlors
license
inspections 7.26.080
additional fees 7.16.040
license
application 7.16.060
application 7.26.050
expiration 7.16.020
expiration 7.26.020
fees 7.16.030
fee 7.26.030
issuance 7.16.070
issuance 7.26.060
proration of fees 7.16.050
proration of fee 7.26.040
required 7.16.010
required 7.26.010
revocation 7.16.110
revocation 7.26.090
operation requirements 7.16.080
operation, facility requirements 7.26.070
Property, damaging 7.04.030
Hobby kennels
Running at large 7.04.020
application procedure 7.20.030
Shelters See Pet shops, animal shelters, boarding
fees
kennels
established 7.20.040
Strays 7.04.060
proration 7.20.050
Violation
inspections 7.20.080
abatement 7.04.180
license
civil infraction 7.04.170
application 7.20.070
date 7.30.010
required 7.20.010
licensing
revocation 7.20.090
date of violation 7.12.100
numbers of dogs, cats 7.20.020
penalty 7.12.110
public hearing 7.20.060
nuisance declaration 7.04.130
Horses on sidewalks 7.04.120
penalty 7.30.020
Howling, barking 7.04.050
witnessing, impoundment, citation 7.04.140
Impounding
Assault See Criminal code
authority
appointed 7.08.010
— B
designated special police 7.08.030
Bicycles See under Parking; Vehicles
duties 7.08.020
Billboards, handbills
disposition
See also Signs
domestic turned wild 7.08.090
Definitions
sick, injured 7.08.100
business or occupation of outdoor advertising
interference 7.08.040
5.52.010
notice 7.08.050
outdoor advertising structure or billboard 5.52.010
(Revised 1/09) Index-2
Port Orchard Municipal Code
Circuses, carnivals
Erection on private property 5.52.040
Handbill distribution
bond 5.52.110
license required 5.52.090
rates 5.52.120
License
application, issuance 5.52.020
fee
billboards 5.52.080
handbills 5.52.100
Matter hanging from 5.52.050
Name of owner displayed 5.52.060
Obscene material prohibited 5.52.070
Permit application, fee 5.52.030
Boarding kennels See Pet shops, animal shelters,
boarding kennels under Animals
Boating provisions
Notice of infraction
failure to respond, appear 10.88.020
refusal to sign 10.88.030
Statutes adopted by reference 10.88.010
Violation, penalty 10.88.015
Bonds
City officers 2.36.010
Handbills 5.52.110
Streets and sidewalks excavation 12.04.130,
12.04.180
Subdivisions 16.04.220
Bonds, obligations registration
Definitions
bond, bonds 3.84.010
city 3.84.010
fiscal agencies 3.84.010
obligation, obligations 3.84.010
registrar 3.84.010
Findings 3.84.020
Registrar appointment, duties 3.84.030
Statement of transfer restrictions 3.84.040
System adopted 3.84.030
Building code
See also Buildings
Adopted, amendments 15.04.010
Buildings
See also Building code
Height restrictions, conflicts with zoning code
15.04.030
Numbers
display, owner duty 15.24.010
placement 15.24.020
violation, penalty 15.24.030
Burning See Garbage, refuse
Business and occupation tax
Imposed, rate, payment 5.84.010
Business licenses
Application 5.12.080
Approval, denial 5.12.110
Businesses located outside of city 5.12.100
Definitions
business 5.12.010
city license officer 5.12.010
licensee 5.12.010
minor 5.12.010
nonprofit organization 5.12.010
person 5.12.010
premises 5.12.010
Display, transferability 5.12.040
Exemptions 5.12.030
Inspections, right of entry 5.12.140
Issuance, notice 5.12.150
Liability, disclaimer 5.12.050
Prohibited use 5.12.060
Qualifications 5.12.070
Renewal 5.12.090
Required 5.12.020
Severability 5.12.130
Suspension, revocation 5.12.120
Violation, penalty
additional relief 5.12.180
civil 5.12.160
criminal 5.12.170
—C—
Cabarets
Construction of chapter 5.20.110
Definitions
cabaret 5.20.010
liquor 5.20.010
music or live entertainment 5.20.010
person 5.20.010
Exemptions 5.20.090
License
application, issuance 5.20.030
fees 5.20.040
refusal, cancellation, revocation 5.20.070
required 5.20.020
subject to State Liquor Control Board rules 5.20.080
term 5.20.050
transferability, posting 5.20.060
Violation, penalty 5.20.100
Card games See Gambling tax
Circuses, carnivals
Definitions
carnival 5.32.020
circus 5.32.030
Exercise of power 5.32.090
License
application, content 5.32.060
fee
carnival 5.32.040
circus 5.32.050
granting, denial 5.32.080
required 5.32.010
Index-3 (Revised 1/09)
City attorney
Policing required 5.32.070
City engineer
Violation, penalty 5.32.100
Appointment, removal 2.08.010
City attorney
City Hall
Appointment, duties 2.08.020
Facilities use policy 2.74.010
Compensation 2.08.030
City office hours
City clerk
Established 2.50.010
Appointment, removal 2.08.010
City officers
City council
See also City employees; Specific Officer
Meetings
Bonds 2.36.010
adjournment motion 2.04.180
Mayor's power to appoint, remove 2.08.010
attendance by city employees 2.04.210
City -owned docks, piers
failure to attend, fine 2.04.090
Commercial activity 9.46.010
journal of proceedings 2.04.120
Definitions
mayor, clerk duties 2.04.050
charges 9.46.005
motions
city 9.46.005
in writing 2.04.100
city facility 9.46.005
laying matter on table 2.04.150
lien holder of record 9.46.005
reconsidering 2.04.110
owner 9.46.005
nonmember addressing council 2.04.080
person 9.46.005
order of business 2.04.060
secured vessel 9.46.005
order of procedure 2.04.020
unauthorized vessel 9.46.005
presentation of subjects 2.04.070
vessel 9.46.005
presiding officer duties 2.04.220
Exemptions 9.40.040
public meetings 2.04.170
Moorage
questions of order 2.04.130
15-minute limit 9.46.030
quorum 2.04.040
hours 9.46.020
reports to council, presiding member 2.04.200
Regulations posting 9.46.100
Robert's Rules of Order 2.04.230
Rights additional to others 9.46.090
rules amended, suspended 2.04.190
Unauthorized, abandoned vessels
special meetings 2.04.030
recovery of city costs 9.46.080
taking chair 2.04.140
sale by city 9.46.070
time, place 2.04.010
securing, notice posting 9.46.060
voting 2.04.160
Violation, penalty 9.46.050
Member compensation
City property, offenses against
nonattendance 2.60.030
See also Criminal code
per meeting rate 2.60.010
Reward
reimbursement for mileage, meals 2.60.040
employee exemption 9.48.020
City employees
for information 9.48.010
See also City officers
City treasurer
Accumulation of leave 2.28.020
Appointment, removal 2.08.010
Applicability of state laws 2.28.120
Assistant designated auditing officer 2.44.010
Bereavement leave 2.28.070
Civil service commission
Civil leave 2.28.080
Created 2.30.010
Definitions
Membership, terms 2.30.020
full-time employee 2.28.010
Claims fund
intermittent temporary employee 2.28.010
Created 3.04.040
part-time employee 2.28.010
Closing area during calamity, menace
Holiday leave 2.28.050
Authorization 9.40.010
Leave without pay 2.28.100
Code
Mileage allowance 2.48.010
Adopted 1.04.005
Military leave 2.28.090
Definitions
Overtime 2.28.060
city 1.04.010
Retirement system 2.32.010
city council 1.04.010
Sick leave 2.28.030
code 1.04.010
Unauthorized absence 2.28.110
county 1.04.010
Vacation leave 2.28.040
gender 1.04.010
(Revised 1/09) Index-4
Port Orchard Municipal Code
Commute trip reduction
may 1.04.010
number 1.04.010
oath 1.04.010
person 1.04.010
shall 1.04.010
state 1.04.010
tenses 1.04.010
title of office 1.04.010
Effect of 1.04.080
Effective date 1.04.090
Fines, failure to pay 1.04.030
New material adopted 1.04.050
Ordinances
proof, published form 1.04.040
reference to 1.04.070
Principal defined, liability 1.04.015
Title, chapter, section headings 1.04.060
Validity 1.04.100
Violation, penalty 1.04.020
Code enforcement officer
Civil infraction
enforcement
applicability 2.64.040
penalty 2.64.030
notice 2.64.020
Inspections 2.64.050
Position created, authority 2.64.010
Coercion See Statutes adopted by reference under
Criminal code
Community events fund
Created 3.56.010
Moneys
authorization, distribution 3.56.030
placement 3.56.020
Commute trip reduction
Affected employers
applicability 10.86.050
notification 10.86.060
requirements 10.86.070
Appeals 10.86.150
City plan 10.86.030
Definitions
affected employee 10.86.020
affected employer 10.86.020
affected employer worksite 10.86.020
alternative commute mode 10.86.020
alternative work schedules 10.86.020
baseline measurement 10.86.020
base year 10.86.020
base year survey 10.86.020
carpool 10.86.020
commute trip reduction (CTR) goals 10.86.020
commute trip reduction (CTR) plan 10.86.020
commute trip reduction (CTR) program 10.86.020
Commute Trip Reduction (CTR) board guidelines
10.86.020
commute trip reduction (CTR) zone 10.86.020
commute trips 10.86.020
commute trip vehicle miles traveled per employee
10.86.020
commuter ride matching service 10.86.020
compressed work week 10.86.020
CTR 10.86.020
custom bus/buspool 10.86.020
day(s) 10.86.020
dominant mode 10.86.020
drive alone 10.86.020
drive alone rate 10.86.020
drive alone trips 10.86.020
effective date 10.86.020
employee transportation coordinator (ETC)
10.86.020
employer 10.86.020
exemption 10.86.020
flex -time 10.86.020
full-time employee 10.86.020
good faith effort 10.86.020
hearing examiner 10.86.020
implementation, implement 10.86.020
major employer 10.86.020
major employer worksite 10.86.020
major employment installation 10.86.020
mode 10.86.020
newly affected employer 10.86.020
notice 10.86.020
peak period 10.86.020
peak period trip 10.86.020
presiding officer 10.86.020
proportion of drive alone trips 10.86.020
ride matching service 10.86.020
single -occupant vehicle (SOV) 10.86.020
single worksite 10.86.020
telecommuting 10.86.020
teleworking 10.86.020
transit 10.86.020
transportation demand management (TDM)
10.86.020
transportation management association (TMA)
10.86.020
vanpool 10.86.020
vehicle miles traveled (VMT) per employee
10.86.020
week 10.86.020
weekday 10.86.020
worker/driver bus 10.86.020
worksite 10.86.020
writing, written, in writing 10.86.020
Enforcement, compliance 10.86.120
Exemption credit 10.86.090
Goals
affected employers 10.86.035
city 10.86.033
Index-5 (Revised 1/09)
Comprehensive Plan
Infraction notice, contents, hearing 10.86.140
Program
implementation 10.86.115
review, reports 10.86.100
submittal, extension 10.86.110
Responsible agency 10.86.040
Violation, penalty 10.86.130
Zone, values, goals 10.86.080
Comprehensive Plan
Adopted 1.12.010
Filing, inspection 1.12.020
Compression brakes See under Vehicles
Controlled substances See Criminal code
Court See Municipal court
Criminal code
Adopted 9.02.010
Aggressively begging 9.24.060
Alcohol 9.26.100
Assault fourth degree 9.16.010
Bus misconduct 9.24.070
Controlled substances
definitions, statutes adopted by reference 9.14.010
drug related loitering 9.14.080
possession
drug paraphernalia, statutes adopted by
reference 9.14.030
marijuana 9.14.020
sale, delivery without prescription or order
9.14.025
seizure, forfeiture, statutes adopted by reference
9.14.070
toxic fumes
inhaling 9.14.050
sale of product containing 9.14.040
violation, penalty, statutes adopted by reference
9.14.090
Costs of prosecution 9.02.040
Definitions 9.04.010
Disorderly conduct, statutes adopted by reference
9.24.020
Disruption of school activities 9.24.040
Domestic violence protection
appearance by defendant, statutes adopted by
reference 9.18.050
court's duties, statutes adopted by reference
9.18.040
definitions
domestic violence 9.18.020
statutes adopted by reference 9.18.020
foreign orders
peace officer immunity, statutes adopted by
reference 9.18.120
penalties, statutes adopted by reference
9.18.110
interfering with reporting of 9.18.090
no -contact order
enforcement, statutes adopted by reference
9.18.060
liability of peace officer, statutes adopted by
reference 9.18.075
procedures, statutes adopted by reference
9.18.065
peace officer immunity, statutes adopted by
reference 9.18.140
police officer's duties, statutes adopted by reference
9.18.030
purpose, intent, statutes adopted by reference
9.18.010
restraining orders, statutes adopted by reference
9.18.0859 9.18.095, 9.18.100
violation of orders, statutes adopted by reference
9.18.150, 9.18.160
vulnerable adults, statutes adopted by reference
9.18.130
Erotic material See Prostitution, lewd conduct
Expectorating in public 9.24.010
Failure to disperse, statutes adopted by reference
9.24.030
Fighting in public 9.24.080
Harassment 9.16.050
Lewd conduct See Prostitution, lewd conduct
Littering See Littering
Minors See Minors
Nuisances See Nuisances; Public disturbance noise
Prostitution, lewd conduct
additional fee assessments 9.20.090
definitions
commit prostitution 9.20.010
erotic material 9.20.010
known prostitute or procurer 9.20.010
lewd act 9.20.010
public display 9.20.010
public place 9.20.010
sexual conduct 9.20.010
lewd conduct 9.20.070
loitering 9.20.020
no defense to patronizing, statutes adopted by
reference 9.20.050
patronizing, statutes adopted by reference 9.20.040
permitting patronizing, statutes adopted by
reference 9.20.060
public display of erotic material 9.20.080
statutes adopted by reference 9.20.030
violation, misdemeanor 9.20.070
Public disturbance noise 9.24.050
Reckless endangerment 9.16.040
Refusal to pay fare 9.24.010
Scope 9.02.020
Severability 9.02.070
Statutes adopted by reference
alcohol 9.26.100
amendments 9.02.060
(Revised 1/09) Index-6
Port Orchard Municipal Code
Electric light business and occupation tax
bail jumping 9.12.070
coercion 9.16.070
communication with minor, immoral 9.32.070
complicity 9.08.120
computer trespass second degree 9.28.170
conspiracy 9.08.130
contempt 9.12.090
criminal attempt 9.08.060
criminal impersonation 9.28.020
criminal solicitation 9.08.140
criminal trespass
defenses 9.28.050
first degree 9.28.030
second degree 9.28.040
culpability 9.08.020
custodial interference 9.32.080
definitions 9.12.005, 9.28.010
defrauding a public utility third degree 9.28.140
discipline of a child 9.10.060
duress 9.10.030
entrapment 9.10.040
escape third degree 9.12.040
false, misleading statement 9.12.100
false reporting 9.12.050
false swearing 9.12.110
harboring minor 9.32.090
insanity 9.10.020
intoxication 9.10.010
jury tampering 9.12.120
lawful use of force 9.10.050
liability of corporations, agents 9.08.050
making, possessing burglary tools 9.28.160
malicious mischief third degree 9.28.060
obscuring identity of machine 9.28.180
obstructing a law enforcement officer 9.12.010
possession of stolen property third degree 9.28.070
purpose 9.02.030
reasonable use of force, detention by shopkeeper
9.10.080
reckless burning 9.28.150
refusal to aid peace officer 9.12.020
rendering criminal assistance third degree 9.12.080
resisting arrest 9.12.030
stalking 9.16.080
tampering with evidence 9.12.130
theft of cable television services 9.28.130
theft of rental property 9.28.120
theft third degree 9.28.090
unlawful issuance of bank check 9.28.110
vehicle prowling 9.28.100
Telephone harassment 9.16.060, 9.16.090
Violation, penalty 9.02.050
Weapons See Weapons, explosives
Cumulative reserve funds
Equipment replacement
created 3.80.010
disbursement 3.80.030
transfer of moneys 3.80.020
Municipal facilities
created 3.44.010
purpose 3.44.020
Water -sewer capital outlay, debt service and
maintenance and operation
created 3.36.010
purpose 3.36.020
Itm
Dangerous buildings code
See also Building code
Adopted 15.04.010
Design review board
Administrative support 2.78.080
Conflict of interest 2.78.070
Definitions
board 2.78.020
design guidelines 2.78.020
director 2.78.020
DRB 2.78.020
Established 2.78.030
Meetings 2.78.050
Membership
generally 2.78.030
terms 2.78.040
Powers, duties 2.78.060
Purpose 2.78.010
Detention, incarceration
See also Criminal code
Agreement
county acceptance of prisoners 9.53.010
termination 9.53.070
Confinement terms, notice 9.53.020
Costs, payment 9.53.030
Facility operational standards 9.53.040
Liability 9.53.060
Medical, dental services 9.53.050
Disorderly conduct See Criminal code
Dogs See Animals
Domestic violence protection See Criminal code
Drugs, drug paraphernalia See Controlled substances
under Criminal code
—E—
Electric light business and occupation tax
Appeals 5.04.140
Authority 5.04.010
Definitions
gross income 5.04.020
tax period or taxable period 5.04.020
taxpayer 5.04.020
Exceptions, deductions 5.04.070
Failure to pay, liability 5.04.130
False returns, statements 5.04.170
Income records, returns 5.04.100
Levied 5.04.060
Index-7 (Revised 1/09)
Energy code
License
Expense reimbursement for volunteer firemen
application
2.12.040
investigation 5.04.110
Fire chief See Fire authority
required 5.04.080
Fire code
duration 5.04.040
See also Building code
posting, transferability 5.04.160
Adopted 15.12.010
required 5.04.030
Amendments 15.12.100
Over, under payment 5.04.120
Appeals 15.12.050
Payment 5.04.050
Automatic fire sprinklers See Fire sprinklers
Rules, regulations 5.04.150
Bureau of fire prevention established, duties
Sale, transfer 5.04.090
15.12.070
Energy code
Definitions
See also Building code
counsel 15.12.030
Minimum requirements 15.44.010
department of fire prevention 15.12.030
Erotic material See Criminal code
fire area 15.12.030
Exotic animals See Exotic under Animals
fire chief 15.12.030
Explosives See Weapons, explosives
fire code official 15.12.030
fire department 15.12.030
— F —
governing body 15.12.030
False alarms See Alarm systems
jurisdiction 15.12.030
Fees
municipality 15.12.030
Animal
police 15.12.030
licenses 7.12.020
Enforcement 15.12.020
shelters 7.16.030
Flammable materials storage 15.12.040
Billboards 5.52.080
Penalties 15.12.090
Boarding kennels 7.16.030
Permits for new materials, processes, occupancies
Building code 15.04.010
15.12.080
Cabarets 5.20.040
Violation 15.12.060
Carnivals 5.32.040
Fire department See Fire authority
Circuses 5.32.050
Fire hydrants
Concurrency management system 13.08.060
Applicability 15.28.010
Fireworks 5.60.010
Definitions
Grooming parlors 7.26.030
AWWA 15.28.020
Handbills 5.52.100
fire authority 15.28.020
Hawkers 5.44.050
flush hydrant 15.28.020
Hobby kennels 7.20.040
LID 15.28.020
Land classification 5.88.010
standard specifications 15.28.020
Mobile homes 15.36.030
UBC 15.28.020
Parking
UFC 15.28.020
generally 10.12.440
water authority 15.28.020
vehicle immobilization 10.76.070
Exemptions 15.28.130
Pawnbrokers 5.40.020
Installation
Peddlers 5.44.040
plans 15.28.030
Pet shops 7.16.030
prohibited types 15.28.120
Police reserve officers 2.18.020
timing 15.28.040
SEPA 14.04.310
Interpretation, purpose, conflict 15.28.140
Signs 15.16.070
Location 15.28.060
Streets and sidewalks excavations 12.04.140
Number required 15.28.050
Subdivisions 16.04.160
Obstructions 15.28.100
Taxicabs 5.56.070, 5.56.140
Protection 15.28.110
Temporary vendors 5.96.040
Requirements 15.28.090
Water 13.04.033, 13.04.035
Specifications 15.28.070
Fire authority
Violation, penalty 15.28.150
Appointment 2.12.020
Water mains 15.28.080
Duties, responsibilities 2.12.030
Established 2.12.010
(Revised 1/09) Index-8
Port Orchard Municipal Code
Flood damage prevention
Fire lanes
Definitions
fire lane 10.60.010
park 10.60.010
parking 10.60.010
standing 10.60.010
stop 10.60.010
vehicle 10.60.010
Driveways, public thoroughfares 10.60.040
Enforcement 10.60.060
Existing buildings 10.60.050
Location, construction, identification 10.60.020
Parking prohibited 10.60.030
Vehicle impound 10.60.080
Violation, penalty 10.60.070
Fire sprinklers
Appeals 15.14.040
Definitions
administrative summary 15.14.010
approved 15.14.010
chief 15.14.010
dwelling unit 15.14.010
fire authority 15.14.010
fire department 15.14.010
fire safety advisory committee 15.14.010
fire safety matrix 15.14.010
floors 15.14.010
Group R, Division 1 building 15.14.010
Level I building 15.14.010
Level II building 15.14.010
Level III building 15.14.010
owner 15.14.010
Enforcement 15.14.060
Fire safety advisory committee 15.14.050
Requirements
existing buildings 15.14.030
new buildings 15.14.020
Violation, penalty 15.14.070
Firearms See Weapons, explosives
Fireworks
Enforcement 5.60.080
Exploding legal when 5.60.050
Permits
issuance, conditions 5.60.020
required, fee 5.60.010
number limited 5.60.040
Provisions supplemental to state law 5.60.060
State license required 5.60.010
Temporary stands 5.60.030
Violation, penalty 5.60.070
Flood damage prevention
See also State Environmental Policy Act (SEPA);
Surface water runoff
Abrogation, greater restrictions 15.38.080
Alteration of watercourses 15.38.190
Applicability 15.38.050
City engineer
designated 15.38.140
duties, responsibilities 15.38.150
Definitions
appeal 15.38.110
area of shallow flooding 15.38.110
area of special flood hazard 15.38.110
base flood 15.38.110
critical facility 15.38.110
development 15.38.110
flood 15.38.110
Flood Insurance Rate Map (FIRM) 15.38.110
Flood Insurance Study 15.38.110
flooding 15.38.110
floodway 15.38.110
lowest floor 15.38.110
manufactured home 15.38.110
manufactured home park 15.38.110
new construction 15.38.110
recreational vehicle 15.38.110
start of construction 15.38.110
structure 15.38.110
subdivision 15.38.110
substantial improvement 15.38.110
variance 15.38.110
water dependent 15.38.110
Development permit
application 15.38.130
required 15.38.120
review 15.38.160
Findings of fact 15.38.020
Hazard reduction
anchoring 15.38.240
building permit review 15.38.280
construction materials, methods 15.38.250
critical facilities 15.38.320
floodways 15.38.340
manufactured homes 15.38.330
nonresidential construction 15.38.310
residential construction 15.38.300
standards
generally 15.38.230
specific 15.38.290
subdivision proposals 15.38.270
utilities 15.38.260
wetlands management 15.38.350
Information maintained, obtained 15.38.180
Interpretation
FIRM boundaries 15.38.200
provisions 15.38.090
Liability 15.38.100
Methods of reducing losses 15.38.040
Purpose 15.38.030
Recreational vehicles 15.38.335
Special flood hazard areas established 15.38.060
Statutory authorization 15.38.010
Index-9 (Revised 1/09)
Fuel gas code
Use of other base flood data 15.38.170
Variances
appeal board 15.38.210
conditions 15.38.220
Violation, penalty 15.38.070
Fuel gas code
See also Building code
Adopted 15.04.010
Fund See Specific Fund
—G—
Gambling tax
Administration, collection 5.28.060
Constitute a debt 5.28.130
Definitions 5.28.020
Exemptions 5.28.040
Failure
to make return 5.28.120
to pay 5.28.080
Filing declaration to conduct gambling activity
5.28.090
Levied, rates 5.28.030
Payment
date due 5.28.050
method 5.28.070
over, under 5.28.110
Records 5.28.100
Social card games 5.28.025
Title 5.28.010
Violation, penalty 5.28.140
Garbage utility business and occupation tax
Levied 5.78.010
Payment 5.78.020
Solid waste defined 5.78.030
Garbage, refuse
See also Littering
Appeals 6.04.070
Burning, dumping See Rubbish
Charges, lien 6.04.060
Collection
contractor responsibilities 6.04.030
exclusive contract 6.04.020
franchise granted 5.76.010
property owner responsibilities 6.04.040
required 6.04.010
Recycling 6.04.050
Rubbish
prohibited 6.04.090
vegetation on private property 6.04.100
violations
penalties 6.04.120
refusal to remove 6.04.110
Violation, penalty 6.04.080
Graffiti
Definitions
enforcement officer 9.31.010
graffiti 9.31.010
graffiti abatement procedure 9.31.010
private contractor 9.31.010
responsible party 9.31.010
Nuisance declaration 9.31.020
Prohibition 9.31.030
Removal
appeal 9.31.060
city 9.31.070
enforcement costs 9.31.050
notice 9.31.040
Violation, penalty 9.31.080
—H—
Handbills See Billboards, handbills; Littering
Harassment See Criminal code
Hawkers See Peddlers, hawkers
Hazardous materials
Emergency assistance agreements
allowable costs 2.14.030
authorized 2.14.020
terms, conditions 2.14.040
verbal agreements, notice 2.14.050
Facility warning system
enforcement 15.48.060
lock boxes
changes, updates to contents 15.48.050
contents 15.48.040
required 15.48.010
security 15.48.030
specifications, location 15.48.020
violation, penalty 15.48.070
Incident command agency 2.14.010
Hearing examiner
Appeal
date, notice, procedure 2.76.150
decision 2.76.160
jurisdiction, process, fees, effect 2.76.140
Appointment, term 2.76.030
Burden of proof 2.76.090
Compensation 2.76.040
Conflict of interest 2.76.050
Creation, purpose 2.76.010
Hearing, notice, staff report 2.76.100
Improper influence 2.76.060
Judicial review 2.76.170
Organization, rules 2.76.070
Powers 2.76.080
Recommendation, decision
generally 2.76.110
notice 2.76.120
Reconsideration 2.76.130
Historic building code
See also Building code
Adopted 15.04.010
Hobby kennels See under Animals
(Revised 1/09) Index-10
Port Orchard Municipal Code Littering
Home businesses
Established 2.26.010
Definitions
Service from regional library 2.26.040
accessory use 5.99.020
Licenses
kennel 5.99.020
See also Business licenses
home business, home businesses 5.99.020
Animals
home (cottage) industry 5.99.020
boarding kennels 7.16.010
home occupation 5.99.020
cats 7.12.015
home profession 5.99.020
dogs 7.12.010
resident 5.99.020
grooming parlors 7.26.010
License
hobby kennels 7.20.010
required 5.99.030
pet shops 7.16.010
revocation 5.99.050
shelters 7.16.010
Purpose 5.99.010
Cabarets 5.20.020
Requirements 5.99.040
Circuses, carnivals 5.32.010
Hotel tax See Transient occupancy tax
Electrical light business and occupation tax 5.04.030
Hydrants See Fire hydrants
Fireworks 5.60.010
Handbills 5.52.090
— I —
Home businesses 5.99.030
Investigation funding
Peddlers, hawkers 5.44.030
Contribution required 3.88.020
Sound amplifying equipment, loudspeakers 5.48.020
Use 3.88.010
Taxicabs
driver 5.56.090
— J —
vehicle 5.56.030
Temporary vendors 5.96.020
Jail See Detention, incarceration
Light franchise
Judge See under Municipal court
Amendments 5.64.110
Junk dealers
Compliance, default 5.64.070
See also Pawnbrokers
Definitions
Inspection of premises 5.36.050
city 5.64.010
Junk defined 5.36.010
facilities 5.64.010
Liability 5.36.060
franchise area 5.64.010
License revocation 5.36.070
Puget 5.64.010
Purchases
Facilities
from minors 5.36.030
maintenance, excavations 5.64.030
holding period 5.36.040
relocation 5.64.040
Recordkeeping 5.36.020
Indemnification 5.64.050
Junk vehicles See under Vehicles
Interpretation of section headings 5.64.140
Juveniles See Minors
Moving buildings 5.64.060
_ K _
Nonexclusivity 5.64.080
Rights, privileges
Kennels See under Animals
assignment 5.64.100
granted 5.64.020
— L —
Suits, attorney's fees 5.64.130
Land classification filing fees
Tariffs 5.64.120
Designated 5.88.010
Term, effective period 5.64.090
Leasehold excise tax
Validity 5.64.150
Administration 3.16.030
Littering
Contract with state 3.16.060
See also Garbage, refuse
Exemption 3.16.040
Dangerous litter 9.34.070
Inspection of records 3.16.050
Definitions
Levied 3.16.010
aircraft 9.34.010
Rate 3.16.020
authorized receptacle 9.34.010
Lewd conduct See Criminal code
commercial handbill 9.34.010
Library
garbage 9.34.010
Board of trustees
litter 9.34.010
appointment 2.26.020
newspaper 9.34.010
election of officers 2.26.030
noncommercial handbill 9.34.010
Index-11 (Revised 1/09)
Livestock See Animals
potentially dangerous litter 9.34.010
private premises 9.34.010
refuse 9.34.010
rubbish 9.34.010
Handbills
distribution
at private premises 9.34.060
prohibited where posted 9.34.050
placing on vehicles 9.34.040
In public place unlawful 9.34.020
Posting notices 9.34.030
Livestock See Animals
Lodging tax See Transient occupancy tax
1200
Mechanical code
See also Building code
Adopted 15.04.010
Minors
See also Alcohol regulations under Criminal code;
Tattoos
Contributing to delinquency of 9.32.040
Definitions
abused child 9.32.010
child 9.32.010
delinquent act 9.32.010
dependent child 9.32.010
minor 9.32.010
neglected child 9.32.010
Leaving unattended
defined, unlawful 9.32.050
in automobile 9.32.020
Purchasing, obtaining tobacco 9.32.030
Mobile home parks
See also Mobile homes
Alterations, additions 17.04.080
Animals, pets 17.04.090
Definitions
health officer 17.04.010
mobile home 17.04.010
mobile home park 17.04.010
person 17.04.010
recreational vehicle (RV) 17.04.010
Expansions 17.04.105
Fire protection 17.04.060
Inspections 17.04.050
Land use compliance 17.04.070
Parking
duration 17.04.100
outside parks, requirements 17.04.030
Permits required 17.04.040
Temporary use permit 17.04.020
Violation, penalty 17.04.110
Mobile homes
See also Mobile home parks
Installation
accessory structures 15.36.060
building site preparation 15.36.040
definitions
factory -built housing 15.36.020
mobile home lot 15.36.020
mobile home park 15.36.020
mobile/manufactured home 15.36.020
recreational vehicle (RV) 15.36.020
single-family dwelling 15.36.020
inspections, compliance 15.36.080
instruction manuals 15.36.070
permits, fees 15.36.030
purpose, intent 15.36.010
requirements, standards 15.36.050
Parking outside of mobile home parks 17.04.030
Model traffic ordinance
Additional provisions 10.04.020
Adopted 10.04.010
Sections not adopted 10.04.030
Motel tax See Transient occupancy tax
Motorcycles See under Vehicles
Municipal court
Established 2.52.010
Judge 2.52.020
—N—
Natural gas franchise
Assignment 5.68.170
Compliance, remedies 5.68.150
Contract 5.68.030
Excavations 5.68.070
Excise tax levied 5.68.160
Forfeiture 5.68.140
Gas distribution system 5.68.040
Granted 5.68.010
Installation, maintenance of service devices 5.68.080
Laying pipe 5.68.050
Maps, plat, records of mains 5.68.110
Meters 5.68.120
Quality, pressure of gas 5.68.090
Rates, conditions of service 5.68.100
Repairs, replacements 5.68.060
Rules, regulations 5.68.130
Term 5.68.020
Newspaper, official
Designated 1.16.010
Noise See Public disturbance noise under Criminal
code; Sound amplifying equipment, loudspeakers
Nuisances
Abatement
by city 9.30.060
by owner, responsible person 9.30.070
enforcement, notice 9.30.050
summary due to imminent danger 9.30.090
Appeal 9.30.080
(Revised 1/09) Index-12
Port Orchard Municipal Code
Parking
Definitions
abate 9.30.010
enforcement officer 9.30.010
premises 9.30.010
responsible person 9.30.010
Disposal of diseased animal carcass, penalty 9.30.040
Prohibited conduct 9.30.030
Types designated 9.30.020
Violation, penalty 9.30.100
—P—
Parking
See also Traffic; Vehicles
Abandoned vehicle, liability 10.12.050
Aiding, abetting, coercing, committing 10.12.390
Angle 10.12.090
Applicability of provisions 10.12.020
Bicycles 10.12.280
Boats, boat trailers, recreational vehicles
chain parking 10.18.030
definitions
boat 10.18.010
boat trailer 10.18.010
recreational vehicle 10.18.010
exemptions
application 10.18.040
review, issuance conditions 10.18.050
public right-of-way 10.18.020
Bus stops, taxicab stands 10.12.250
Buses, taxicabs 10.12.240
Commercial vehicles
definitions
bus 10.13.010
commercial vehicle 10.13.010
motor truck 10.13.010
private carrier bus 10.13.010
semitrailer 10.13.010
tractor 10.13.010
trailer 10.13.010
truck tractor 10.13.010
prohibited in residential, mixed -use zones
chain parking 10.13.050
exemptions 10.13.030
nonconforming uses 10.13.040
time limits 10.13.020
violation, penalty 10.13.060
Costs, attorneys' fees 10.12.380
Definitions
bicycle 10.12.010
bus 10.12.010
bus stop 10.12.010
crosswalk 10.12.010
department 10.12.010
director 10.12.010
holidays 10.12.010
legal owner 10.12.010
loading zone 10.12.010
motor vehicle 10.12.010
official time standard 10.12.010
parking or parking 10.12.010
passenger loading zone 10.12.010
planting strips 10.12.010
police chief or chief of police 10.12.010
police department 10.12.010
police or police officer 10.12.010
private road or driveway 10.12.010
school bus zone 10.12.010
service parking 10.12.010
sidewalk 10.12.010
stand or standing 10.12.010
street 10.12.010
taxicab 10.12.010
taxicab stand 10.12.010
tow truck operator 10.12.010
traffic division 10.12.010
U-turn 10.12.010
vehicle 10.12.010
Disposition of fines, forfeitures 10.12.450
Expired registrations 10.12.150
For purpose of displaying advertising, sale 10.12.160
Habitual offenders 10.12.470
Handicapped permit, violation 10.12.110
Hearings
decision, appeal 10.12.330
explanation of circumstances 10.12.340
request 10.12.310
rules of procedure, counsel 10.12.320
Illegally parked vehicle
citation 10.12.410
presumption of guilt, evidence 10.12.420
with unpaid tickets 10.12.475
Inoperable vehicle 10.12.170
Interpretation 10.12.480
Issue of process 10.12.370
Juror's, witness' pass 10.12.140
Loading zones 10.12.200
Obliterating tire markings 10.12.180
Obstructing traffic 10.12.130
Official misconduct 10.12.460
One-way streets 10.12.230
Passenger loading zones 10.12.190
Penalties
civil 10.12.360
general 10.12.400
monetary 10.12.350
payment, late fees 10.12.440
Permit condition violations 10.12.220
Police car zones 10.12.100
Prohibited acts 10.12.060
Recreational vehicles See Boats, recreational vehicles
Regulations 10.12.270
Index-13 (Revised 1/09)
Pawnbrokers
Residential parking permits
community event permits 10.14.050
definitions
bed and breakfast parking permit 10.14.020
community event permit 10.14.020
commuter vehicle 10.14.020
guest permit 10.14.020
long-term storage 10.14.070
residential area 10.14.020
residential parking permit 10.14.020
residential vehicle 10.14.020
guest, temporary permits 10.14.040
privileges 10.14.060
procedures, guidelines 10.14.030
purpose 10.14.010
revocation 10.14.070
violation, penalty 10.14.080
Restricted, prohibited 10.12.080
Right-of-way 10.12.260
Special passes 10.12.140
Tow -away zones 10.12.210
Traffic control devices 10.12.070
Violation, penalty 10.12.430
Violators
contested cases 10.76.100
designated 10.76.010
hearing
examiner 10.76.030
findings 10.76.040
notice 10.76.020
judicial review 10.76.110
rules, regulations 10.76.120
vehicle immobilization
authority 10.76.050
fee 10.76.070
procedure, notification 10.76.060
release 10.76.080
towing 10.76.090
Yellow curbs 10.12.120
Pawnbrokers
See also Junk dealers
Ammunition sales, storage 5.40.160
Definitions
antique 5.40.010
bullion 5.40.010
pawnbroker 5.40.010
Exemption 5.40.040
Fixed place of business 5.40.030
Hours of operation 5.40.150
License
application 5.40.050
denial, suspension, revocation 5.40.060
hearings 5.40.070
required 5.40.020
transferability 5.40.080
Pledged property
interest rates 5.40.140
retaining, inspections 5.40.120
sales, documentation 5.40.130
Records
daily reports 5.40.100
keeping 5.40.090
Stolen property, duties 5.40.110
Violations, penalties 5.40.170
Payrolls fund
Created 3.04.030
Peddlers, hawkers
See also Temporary vendors
Definitions
hawker 5.44.020
peddler 5.44.010
License
fee
hawker 5.44.050
peddler 5.44.040
issuance
hawker 5.44.070
peddler 5.44.060
receipts shown upon demand 5.44.080
required 5.44.030
Permits
See also Specific Permit under Parking
Billboards, handbills 5.52.030
Brush, refuse burning 15.12.050
Fire code 15.12.110
Flood damage prevention development 15.38.120
Handicapped parking 10.12.110
Mobile home parks 17.04.040
Mobile homes 15.36.030
RV parks 10.96.010
Sidewalk repair 12.12.030, 12.12.040
Signs 15.16.040
Stormwater management 15.32.030
Streets and sidewalks excavations 12.04.010
Personnel See City employees; City officers
Pet shops See Pet shops, animal shelters, boarding
kennels under Animals
Planning commission
Created 2.20.010
Meetings, records 2.20.050
Plats submittal 2.20.040
Powers, duties 2.20.020
Quorum 2.20.070
Recommendations to council 2.20.030
Reports to council 2.20.080
Plumbing code
See also Building code
Adopted 15.08.010
Violation, penalty 15.08.020
Police department
Chief appointment, removal 2.08.010
Positions designated 2.16.030
Reserve officers
enrollment fees 2.18.020
(Revised 1/09) Index-14
Port Orchard Municipal Code
Signs
pension fund enrollment 2.18.010
Prostitution See Criminal code
Public records requests
Authority, purpose 1.18.010
City Hall location, contact information 1.18.020
Denial review 1.18.080
Exemptions 1.18.060
Officer appointed 1.18.020
Processing
electronic records 1.18.050
generally 1.18.040
Public records
availability 1.18.030
costs for copies 1.18.070
—R—
Real estate excise tax
Consistency with state tax 3.52.030
Distribution of moneys 3.52.040
Imposed 3.52.010
Lien 3.52.060
Payment
due date 3.52.080
notation 3.52.070
refunds 3.52.090
Seller's obligation 3.52.050
Taxable events 3.52.020
Refuse See Garbage, refuse
Residential code
See also Building code
Adopted, amendments 15.04.010
Retirement system See under City employees
Roads See Streets and sidewalks
Roller skates, coasters See under Vehicles
RV park permits
Registration 10.96.010
Use regulations 10.96.020
Violation, penalty 10.96.030
—S—
Sales and use tax
Administration, collection 5.80.030
Failure, refusal to collect 5.80.050
Imposed 5.80.010
Inspection of records 5.80.040
Purpose of provisions, effective date 5.80.070
Rate 5.80.020
Secondhand dealers See Junk dealers
Sewer
See also Water
Appeals 13.04.180
Billing 13.04.050
Bimonthly rates 13.04.020
Charges
capital facility 13.04.040
CPI adjustment 13.04.065
discontinuation 13.04.090
miscellaneous 13.04.055
payment 13.04.039
Connections 13.04.140
Damaging utility system 13.04.120
Extension 13.04.040
Fees 13.04.040
Industrial users 13.04.160
Liens 13.04.060
Mother-in-law apartments, converted homes
13.04.080
Prohibited discharges, matter 13.04.130
Side sewer responsibilities 13.04.150
Violation, penalty 13.04.170
Signs
Appeals 15.16.220
Billboards
See also Billboards, handbills
standards 15.16.170
Commercial, mixed use, employment districts
15.16.110
Comprehensive design plans 15.16.190
Definitions
abandoned sign 15.16.010
A -board sign 15.16.010
awning sign 15.16.010
billboard 15.16.010
building official 15.16.010
changeable copy sign 15.16.010
clearance of a sign 15.16.010
comprehensive design plan 15.16.010
directional sign 15.16.010
double-faced sign 15.16.010
electrical sign 15.16.010
electronic message sign 15.16.010
entryway sign 15.16.010
facade 15.16.010
flashing sign 15.16.010
freestanding sign 15.16.010
gas station price sign 15.16.010
ground sign 15.16.010
incidental sign 15.16.010
indirect lighting 15.16.010
logo 15.16.010
logo shield 15.16.010
marquee 15.16.010
monument sign 15.16.010
multiple occupancy complex 15.16.010
mural 15.16.010
off -premises sign 15.16.010
pole sign 15.16.010
political sign 15.16.010
portable sign 15.16.010
projecting sign 15.16.010
reader board 15.16.010
Index-15
(Revised 1/09)
Smoking in public places, places of employment
real estate sign 15.16.010
roof sign 15.16.010
sandwich board/sidewalk sign 15.16.010
seasonal decoration 15.16.010
shoreline jurisdiction 15.16.010
sign 15.16.010
sign area 15.16.010
sign height 15.16.010
street frontage 15.16.010
temporary or special event sign 15.16.010
video billboard 15.16.010
wall frontage 15.16.010
wall sign 15.16.010
Downtown business core
marquees 15.16.120
sandwich/sidewalk signs 15.16.130
Enforcement procedures 15.16.210
Mobile/manufactured home parks 15.16.100
Nonconforming 15.16.180
Permit
applications 15.16.050
exemptions 15.16.030
fees 15.16.060
issuance, inspection 15.16.070
required 15.16.040
Political 15.16.150
Prohibited 15.16.020
Purpose of provisions 15.16.005
Real estate 15.16.140
Requirements 15.16.080
Residential districts 15.16.090
Temporary, special event 15.16.160
Variances 15.16.200
Violation, penalties 15.16.230
Skateboards See under Vehicles
Smoking in public places, places of employment
Definitions
place of employment 9.44.020
public place 9.44.020
smoke 9.44.020
smoking 9.44.020
Fines payable to city 9.44.080
Intent of chapter 9.44.050
Posting of signs 9.44.040
Private actions 9.44.090
Prohibited
distance restrictions, application to modify 9.44.070
generally 9.44.030
Purpose of provisions 9.44.010
Violation, penalty 9.44.060
Snow routes See under Streets and sidewalks
Sound amplifying equipment, loudspeakers
License required 5.48.020
On streets 5.48.010
Time restrictions 5.48.030
Special initiative procedure
Applicability 5.81.120
Ballots 5.81.090
Election procedure 5.81.070
Notation by clerk 5.81.110
Ordinances
effective date 5.81.100
publication 5.81.080
subject to 5.81.010
Petition
filing, city action 5.81.020
repealing existing ordinance 5.81.030
signatures
insufficient 5.81.050
requirements 5.81.040
Taxpayer's right of action 5.81.060
Special investigative unit fund
Authorization of expenditures 3.72.050
Created 3.72.010
Disbursements 3.72.040
Placement of moneys 3.72.020
Purpose 3.72.030
Special investigative unit imprest fund
Balance maintenance 3.76.020
City purposes only 3.76.030
Created 3.76.010
Speed limits
Decrease 10.08.010
Increase 10.08.020
Stalking See Statutes adopted by reference under
Criminal code
State Environmental Policy Act (SEPA)
See also Flood damage prevention
Appeals 14.04.260
Authority 14.04.010
Categorical exemptions
determination 14.04.100
flexible thresholds 14.04.090
rules adopted 14.04.080
statutes adopted 14.04.060
time estimates 14.04.070
Compliance 14.04.290
Conceptual review 14.04.110
Consistency 14.04.160
Critical areas 14.04.300
Decisions
DNS, EIS to accompany report 14.04.240
statutes adopted 14.04.230
Definitions
additional 14.04.030
adoption by reference 14.04.280
Environmental impact statement (EIS)
commenting 14.04.190
preparation 14.04.180
statutes adopted 14.04.170
Existing documents 14.04.220
Fees 14.04.310
Forms 14.04.320
Lead agency determination 14.04.050
Mitigated DNS 14.04.140
(Revised 1/09) Index-16
Port Orchard Municipal Code
Stormwater management
Notice
public, required when 14.04.200
statute of limitations 14.04.270
Optional DNS process 14.04.150
Policies 14.04.250
Responsible official
consulted agency responsibilities 14.04.210
designated 14.04.040
Statutes adopted 14.04.020
Threshold determinations
environmental checklist
completion 14.04.130
filing 14.04.120
statutes adopted 14.04.060
time estimates 14.04.070
Storm drainage utility
See also Stormwater management
Billing, payment 13.06.120
Definitions
city 13.06.060
commercial 13.06.060
developed 13.06.060
impervious ground cover 13.06.060
impervious surface unit (ISU) 13.06.060
multifamily 13.06.060
service charge 13.06.060
undeveloped 13.06.060
utility 13.06.060
Director of public works to administer 13.06.040
Established 13.06.020
Fund 13.06.050
Powers, authority 13.06.030
Purpose of provisions 13.06.010
Rate policy 13.06.070
Service charge
annual review 13.06.130
calculation 13.06.080
effective date 13.06.140
exempt property 13.06.110
levied 13.06.100
Termination of service for nonpayment, lien
13.06.120
Undeveloped real property 13.06.090
Stormwater management
See also Flood damage prevention; Storm drainage
utility; Water
Bonds See Site stabilization
Control methods 15.32.070
Critical drainage areas 15.32.090
Definitions
accepted performance of construction 15.32.020
applicant 15.32.020
basin plan 15.32.020
best management practices (BMPs) 15.32.020
biofiltration/biofilter facilities 15.32.020
bond 15.32.020
city 15.32.020
civil engineer 15.32.020
clearing or land clearing 15.32.020
closed depressions 15.32.020
comprehensive drainage plan 15.32.020
contiguous land 15.32.020
critical drainage area 15.32.020
design storm event 15.32.020
detention facilities 15.32.020
developed site 15.32.020
director 15.32.020
diversion 15.32.020
drainage feature 15.32.020
drainage plan 15.32.020
easement 15.32.020
erosion control design storm 15.32.020
existing stormwater facilities 15.32.020
forested land 15.32.020
geotechnical engineer 15.32.020
geotechnical report 15.32.020
grading 15.32.020
grubbing 15.32.020
hydrograph 15.32.020
hydrograph method 15.32.020
illicit discharge 15.32.020
impervious surface 15.32.020
land -disturbing activity 15.32.020
land use permits and approvals 15.32.020
maintenance 15.32.020
maintenance covenant 15.32.020
maintenance schedule 15.32.020
major development 15.32.020
manual 15.32.020
minor development 15.32.020
nonforestry use 15.32.020
off -site drainage analysis 15.32.020
oil/water separator 15.32.020
operation and maintenance manual 15.32.020
owner 15.32.020
pollution 15.32.020
predevelopment conditions 15.32.020
professional engineer 15.32.020
project engineer 15.32.020
redevelopment 15.32.020
retention facilities 15.32.020
SEPA 15.32.020
shorelines of the state 15.32.020
site development activity 15.32.020
soils engineer 15.32.020
soils investigation report 15.32.020
source control BMP 15.32.020
stormwater 15.32.020
stormwater facility 15.32.020
stormwater quality control 15.32.020
stormwater quantity control 15.32.020
technical deviation 15.32.020
Index-17 (Revised 1/09)
Streets and sidewalks
variance 15.32.020
Snow route
water quality design storm event 15.32.020
established 10.66.010
wetland 15.32.020
impounding vehicles 10.66.030
Enforcement 15.32.110
signs posted 10.66.020
Erosion, sediment control 15.32.050
violation, misdemeanor 10.66.040
Facility operation, maintenance 15.32.080
Vacations
General provisions 15.32.010
compensation to city 12.08.010
Grading 15.32.060
easements 12.08.020
Permits 15.32.030
Subdivisions
Site stabilization 15.32.040
See also Zoning
Water quality 15.32.100
Administration 16.04.090
Streets and sidewalks
Applicability, jurisdiction 16.04.020
Excavations
Application for approval 16.04.060
bond 12.04.130, 12.04.180
Concomitant agreement 16.04.080
disposal of materials 12.04.060
Conflicting provisions 16.04.030
gas service line installation, maintenance 12.04.120
Definitions
inspection 12.04.140
alley 16.04.040
notice of completion 12.04.170
city 16.04.040
permit
city council 16.04.040
application 12.04.030
Comprehensive Plan 16.04.040
compliance, conditions 12.04.020
cul-de-sac 16.04.040
contents 12.04.040
dedication 16.04.040
fee 12.04.140
final plat 16.04.040
filing 12.04.170
lot 16.04.040
required 12.04.010
planning commission 16.04.040
public works contract exemption 12.04.160
plat 16.04.040
safety devices, barriers 12.04.190
preliminary plat 16.04.040
site restoration
property owner 16.04.040
failure 12.04.100
road 16.04.040
required 12.04.080
short plat 16.04.040
supervision 12.04.050
short subdivision 16.04.040
trench length 12.04.070
street 16.04.040
tunneling 12.04.150
subdivision 16.04.040
vehicular, pedestrian passage 12.04.090
Exemptions 16.04.070
work guarantee 12.04.110
Final plat
Highway access, statutes adopted by reference
application 16.04.210
RCW 10.16.010
approval, recording 16.04.230
WAC 10.16.020
bond 16.04.220
Sidewalk maintenance, repair
submittal, signing 16.04.220
abatement
Preliminary plat
by city 12.12.080
application 16.04.140
by owner, responsible person 12.12.070
council decision 16.04.200
notice, violation 12.12.060
file number 16.04.170
summarily, without notice 12.12.100
filing fee 16.04.160
abutting owner responsible 12.12.030
final approval 16.04.210
appeal 12.12.090
hearing, city council 16.04.190
damage, injury, liability 12.12.050
planning commission meeting 16.04.180
defective conditions 12.12.020
property owners list 16.04.150
definitions
Purpose 16.04.010
abate 12.12.010
Regulations adopted 16.04.050
enforcement officer 12.12.010
Short subdivision
premises 12.12.010
application 16.04.100
responsible person 12.12.010
filing 16.04.120
permit required 12.12.030, 12.12.040
recording, filing 16.04.110
relocation 12.12.040
resubdivision requirements 16.04.130
violation, penalty 12.12.110
Time limits 16.04.240
(Revised 1/09) Index-18
Port Orchard Municipal Code
Trees, shrubs
Vacating right-of-way 16.04.250
Violation, penalty 16.04.260
Surface water runoff See Stormwater management
—T—
Tattoos
Applying to minor 9.32.060
Tax See Specific Tax
Taxicabs
See also Parking; Vehicles
Display of name 5.56.060
License
driver's
fee, transferability 5.56.140
fingerprinting, photographs 5.56.110
issuance 5.56.120
records 5.56.150
renewal 5.56.130
required, qualifications 5.56.090
revocation, suspension 5.56.180
vehicle
card 5.56.050
fee 5.56.070
mechanical requirements 5.56.040
required, application 5.56.030
Maintenance, inspection 5.56.080
Owner responsibilities 5.56.020
Passenger relations 5.56.100
Receipts 5.56.160
Supervisory duties 5.56.010
Violation, penalty 5.56.170
Telephone business and occupation tax
Aerial cables 5.08.130
Authority 5.08.010
Credits 5.08.080
Date due 5.08.050
Deductions 5.08.040
Definitions
cellular telephone service 5.08.035
competitive telephone service 5.08.035
pager service 5.08.035
telephone business 5.08.035
Failure to pay, penalty 5.08.070
Levied 5.08.030
License application, issuance 5.08.020
Noncompliance, penalty 5.08.150
Records 5.08.060
Rules, regulations 5.08.160
Streets
excavations 5.08.100
improvements, moving apparatus 5.08.140
restoration 5.08.110
Tree trimming 5.08.120
Validity 5.08.170
Wiring regulations 5.08.090
Temporary vendors
See also Peddlers, hawkers
Definitions
master event 5.96.010
master event license 5.96.010
master event license sponsor 5.96.010
nonprofit organization 5.96.010
public property 5.96.010
public property vending 5.96.010
vending device 5.96.010
vending site 5.96.010
vendor 5.96.010
Exemptions 5.96.030
Insurance 5.96.060
License
required 5.96.020
requirements, duration, fees, renewal 5.96.040
revocation 5.96.050
Violation, penalty 5.96.070
Theft See Statutes adopted by reference under Criminal
code
Tow companies
Compliance required 5.97.100
Driver qualifications 5.97.070
Inspections 5.97.060
Junk vehicle removal 5.97.120
Procedures 5.97.090
Rotation
administrative fee 5.97.040
multiple companies 5.97.030
Rules established 5.97.010
Solicitation 5.97.080
Standards 5.97.020
Storage fees, charges 5.97.050
Suspension, revocation, denial 5.97.110
Traffic
See also Parking; Vehicles
Code 11.04.070
Enforcement person
duties 10.12.040
position established 10.12.030
Infractions
disposition 10.12.290
notice 10.12.300
response, contesting, hearing 10.12.310
Transient occupancy excise tax
Administration, collection 3.18.030
Imposed 3.18.010
Rate 3.18.020
Trash See Garbage, refuse
Treasurer's trust and agency fund
Collection, distribution of moneys 3.12.020
Created 3.12.010
Trees, shrubs
Hearing 6.12.040
Lien 6.12.060
Index-19 (Revised 1/09)
Urinating in public
Removal
cost 6.12.050
notice
required 6.12.020
service 6.12.030
overhanging, obstructing 6.12.010
Violation, penalty 6.12.070
—U—
Urinating in public
Prohibited 9.55.010
Public place defined 9.55.010
Violation, penalty 9.55.020
Utilities
See also Sewer; Storm drainage utility; Water
Concurrency management system
certificate of concurrency
application 13.08.040
issuance, duration 13.08.050
definitions
adequate 13.08.030
applicant 13.08.030
available capacity 13.08.030
building/development permit 13.08.030
certificate of concurrency 13.08.030
Comprehensive Plan 13.08.030
concurrency 13.08.030
concurrency determination 13.08.030
concurrency management system 13.08.030
de minimis development 13.08.030
development 13.08.030
development actions 13.08.030
development approvals 13.08.030
fees 13.08.060
purpose 13.08.020
title 13.08.010
Undergrounding
cost of conversion, existing overhead facilities
12.16.160
deferral to property owner, conditions 12.16.070
definitions
electric utility 12.16.020
facilities 12.16.020
rebuilds 12.16.020
relocation 12.16.020
replacement 12.16.020
telecommunications 12.16.020
telecommunication utility 12.16.020
utilities 12.16.020
design standards 12.16.110
downtown overlay district special requirements
12.16.150
enforcement 12.16.130
exceptions
existing single-family home 12.16.050
utility franchisee, licensee 12.16.060
joint trenches 12.16.120
permits, fees 12.16.100
plan approval by public works director 12.16.090
purpose of provisions 12.16.010
traffic signals, overhead warning lights 12.16.080
utility corridors 12.16.140
wires
new 12.16.040
relocated, rebuilt, replaced 12.16.030
—V—
Vacations, leaves of absence See City employees
Vehicles
See also Parking; Traffic
Bicycle helmets
bicycle, roller skates, scooter, skateboard, rental,
lease, loan 10.30.050
definitions
bicycle 10.30.020
guardian 10.30.020
helmet 10.30.020
public area 10.30.020
roller skates 10.30.020
scooter 10.30.020
skateboard 10.30.020
enforcement, implementation 10.30.080
penalties 10.30.070
purpose, policy 10.30.010
races, events 10.30.040
required 10.30.030
sales, rentals, safety standards 10.30.060
Compression brakes 10.84.010
Impoundment
grounds
additional situations 10.72.035
patronizing prostitute 10.72.025
state code violations 10.72.030
unpaid tickets 10.12.475
hearings 10.72.050
redemption 10.72.040
state provisions adopted 10.72.015
Junk
abatement
costs, assessment 10.92.040
procedure 10.92.030
definitions 10.92.010
exceptions 10.92.050
hearing 10.92.070
nonrestrictive regulation 10.92.060
nuisance declaration 10.92.020
Motorcycles on private property
aiding, abetting 11.04.050
unlawful 11.04.010
violation, impoundment 11.04.020
Muffling device 11.04.030
Roller skates, coasters 11.04.060
(Revised 1/09) Index-20
Port Orchard Municipal Code
Zoning
Skateboards 11.04.080
Unnecessary noise 11.04.040
Weight limits
designated streets 10.62.020
exception 10.62.030
generally 10.62.010
signs 10.62.040
violation, penalty 10.62.050
Ventilation and indoor air quality code
See also Building code
Adopted 15.44.010
I&I'm
Water
See also Sewer; Surface water runoff
Appeals 13.04.180
Billing 13.04.050
Bimonthly rates 13.04.010
Charges
capital facilities 13.04.030
CPI adjustment 13.04.065
miscellaneous 13.04.055
payment 13.04.039
Cross connections 13.04.100
Damaging utility system 13.04.120
Emergency supply conditions 13.04.110
Extension, property contiguous to city 13.04.037
Fees
connection 13.04.033
water main 13.04.035
Liens 13.04.060
Mother-in-law apartments, converted homes
13.04.080
Violation, penalty 13.04.170
Water -sewer equipment replacement fund
Created 3.68.010
Disbursement of moneys 3.68.030
Transfer of moneys 3.68.020
Weapons, explosives
Definitions
aerosol tear gas personal protection device 9.36.010
air gun 9.36.010
dangerous knife 9.36.010
fixed -blade knife 9.36.010
gas bomb 9.36.010
gas pen 9.36.010
gas pencil 9.36.010
gas pistol 9.36.010
switchblade knife 9.36.010
Discharge of firearms 9.36.040
Statutes adopted by reference 9.36.020
Unlawful use of air guns 9.36.050
Wetlands See Flood damage prevention
die
Zoning
See also Subdivisions
City engineer duty, authority 15.40.010
Comprehensive Plan See Comprehensive Plan
Enforcement 15.40.010
Occupation of premises prohibited when 15.40.020
Violation, penalty 15.40.030
Index-21 (Revised 1/09)