2009_10 Supplement 18SUPPLEMENT DIRECTIONS
Updated by:
PORT ORCHARD MUNICIPAL CODE
Dated:
Supplement No.18 — October 2009
Covering Ordinances through 021-09
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 021-09, passed August 25,
2009.
Remove these pages Insert these pages
Table of Revised Pages
Title 2
5-6 ................................................................... 5-6
Title 5
49-52........................................................... 49-52
Title 13
Title 15
Title 16
Title 18
1-8 ................................................................... 1-8
10.1 — 12........................................................ 11 — 17
1............................................................................... 1
14.3 — 16.12................................................... 15 — 16
............................................................ 18.1 — 18.12
1-9 ......................................................................... 1
............................................................................. 1
Tables
A-13—A-14.......................................... A-13—A-14
B-17 — B-18........................................... B-17 — B-18
B-21 — B-32........................................... B-21 — B-33
(Revised 10/09)
Remove these pages Insert these pages
Index
3-4 ................................................................ 3 — 4.2
11 — 21........................................................... 11 — 20
Please call Code Publishing Company (206-527-6831) should questions
arise while removing and replacing supplement pages.
(Revised 10/09)
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 021-09, passed August 25, 2009.
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 ....................................................................... 10/09
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 .......................................................................
5105
11,12 .....................................................................
5105
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 ...................................................................
10/09
36.1, 36.2...............................................................
1/09
37,38 ........................................................................
-
39, 40........................................................................
-
41, 42/44................................................................
1/09
45,46 .....................................................................
6/02
47,48 ........................................................................
-
49, 50...................................................................
10/09
51,52 ...................................................................
10/09
53,54 .....................................................................
2/03
55,56 .....................................................................
1/09
57,58 .....................................................................
1/09
Title 6
1................................................................................ -
3, 4......................................................................... 8/98
(Revised 10/09)
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..................................................................
5/05
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
1.5, 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
1.5, 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...........................................................................
10/09
3,4 .......................................................................
10/09
5,6 .......................................................................
10/09
7,8 .......................................................................
10/09
9, 10.......................................................................
1/09
11, 12...................................................................
10/09
13, 14...................................................................
10/09
15, 16...................................................................
10/09
17.........................................................................
10/09
Title 14
3,4 .......................................................................
12/99
5,6 .........................................................................
1/09
7,8 .......................................................................
12/99
9, 10.....................................................................
12/99
11,12 ...................................................................
12/99
13.........................................................................
12/99
(Revised 10/09) 11
Port Orchard Municipal Code
Table of Revised Pages
Page Revised Date
Title 15
1...........................................................................
10/09
3,4 .........................................................................
1/09
5,6 .........................................................................
1/09
7,8 .........................................................................
1/09
9, 10/14..................................................................
1/09
14.1, 14.2...............................................................
1/01
15,16 ...................................................................
10/09
17,18 .....................................................................
8/98
18.1, 18.2.............................................................
10/09
18.3, 18.4.............................................................
10/09
18.5, 18.6.............................................................
10/09
18.7, 18.8.............................................................
10/09
18.9, 18.10...........................................................
10/09
18.11, 18.12.........................................................
10/09
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........................................................................... 10/09
Title 17
1............................................................................. 8/98
3,4 ......................................................................... 6/02
5............................................................................. 6/02
Title 18
1........................................................................... 10/09
Street Vacation Table
A-1, A-2................................................................... -
A-3, A-4................................................................... -
A-5, A-6................................................................... -
A-7, A-8................................................................... -
A-9, A-10................................................................. -
A-11, A-12............................................................. 1/01
A-13, A-14.......................................................... 10/09
Page Revised Date
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...........................................................
10/09
B-19, B-20.............................................................
1/09
B-21, B-22...........................................................
10/09
B-23, B-24...........................................................
10/09
B-25, B-26...........................................................
10/09
B-27, B-28...........................................................
10/09
B-29, B-30...........................................................
10/09
B-31, B-32...........................................................
10/09
B-3 3.....................................................................
10/09
Index
Index Preface............................................................ -
1, 2.........................................................................
1/09
3,4 .......................................................................
10/09
4.1, 4.2.................................................................
10/09
5,6 .........................................................................
1/09
7,8 .......................................................................
10/09
9,10 .......................................................................
1/09
11,12 ...................................................................
10/09
13,14 ...................................................................
10/09
15,16 ...................................................................
10/09
17,18 ...................................................................
10/09
19,20 ...................................................................
10/09
111 (Revised 10/09)
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, city
planner 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,
city planner and police chief.*
The mayor of the city may appoint or remove
the city clerk, city treasurer, city engineer, city
planner, and the police chief subject to a confirma-
tion vote by a majority of not less than four mem-
bers of the city council. Such appointments and
removals must be in writing, signed by the mayor
and filed with the city clerk. (Ord. 1940 § 1, 2004;
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
2-5 (Revised 10/09)
2.08.030
where insurance counsel also defends the city, the
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 10/09) 2-6
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.
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;
(d) The names, addresses and telephone
numbers of the applicant(s) and responsible
party(ies); and
(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 10/09)
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.
(1) Fourth of July Holiday Period. Each permit -
tee shall be issued a fireworks permit annually and
is entitled to only one retail outlet. (Ord. 016-09
§ 1; 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 10/09) 5-36
Port Orchard Municipal Code
5.88.010
Chapter 5.84
BUSINESS AND OCCUPATION TAX
Sections:
5.84.010 Rate — Payment— Purpose.
5.84.010 Rate — Payment — Purpose.
A business and occupation tax at the rate of five
percent per year is imposed against the gross reve-
nues received for charges for current services for
customers of the municipal water and sewer utili-
ties, which amounts shall be paid monthly from the
water and utility funds to the current expense fund.
This tax is imposed to cover the costs of adminis-
tering the water and sewer utilities which are not
directly chargeable thereto. (Ord. 855, 1970).
Chapter 5.88
LAND CLASSIFICATION FILING FEES
Sections:
5.88.010 Designated.
5.88.010 Designated.
There is established a processing fee for the fil-
ing of applications for classification of land as
open space, agricultural, or timber lands, if such
lands are located within the city, as follows:
(1) For each application for any parcel of land
of 15 acres or less, $15.00;
(2) In addition to the foregoing, the fee shall be
$0.50 per acre for every acre or portion thereof,
over the first 15 acres, which are contained in the
same application. (Ord. 871 § 1, 1970).
5-49 (Revised 10/09)
5.96.010
Chapter 5.92
AMUSEMENT GAMES
(Repealed by Ord. 1832)
Chapter 5.96
TEMPORARY VENDORS
Sections:
5.96.010
Definitions.
5.96.020
Vendor license.
5.96.030
Exemptions.
5.96.040
Vendor license — Requirements,
duration, fees and renewal.
5.96.050
License — Revocation.
5.96.060
Insurance.
5.96.070
Violation — Penalty.
5.96.010 Definitions.
(1) "Master event" means an event involving
10 or more vendors engaged in public property
vending in a common location under a common
theme. Events that are scheduled for more than one
day in a common location under a common theme
are considered one event.
(2) "Master event license" means a public prop-
erty vending license issued to a master event
license sponsor for a master event.
(3) "Master event license sponsor" means the
person, business or organization requesting a mas-
ter event license.
(4) "Nonprofit organization" means an organi-
zation which has been granted nonprofit status by
the Secretary of State for the Internal Revenue Ser-
vice.
(5) "Public property" means any sidewalk that
immediately abuts a street, alley, or roadway where
the general public has unrestricted access.
(6) "Public property vending" means the act of
selling merchandise, edible or not edible, from a
vending device on public property for the purpose
of gain, benefit or advantage, direct or indirect, to
the vendor.
(7) "Vending device" means a stand, booth,
cart, basket, tray, table or other device from which
the selling of merchandise, edible or not edible,
occurs.
(8) "Vending site" means the physical location
where the vendor's vending device will be located
while engaged in public property vending.
(9) "Vendor" means any person, business or
organization engaged in public property vending.
(Ord. 017-09 § 1; Ord. 1868 § 1, 2002; Ord. 1567
§ 1, 1992).
(Revised 10/09) 5-50
Port Orchard Municipal Code
5.96.040
5.96.020 Vendor license.
(1) No vendor shall engage in public property
vending unless such vendor has complied with all
applicable provisions of this chapter.
(2) All vendors engaged in public property
vending must display a valid public property vend-
ing license in a prominent and visible place on the
vendor's vending device.
(3) (a) Sponsors of events classified as a master
event shall obtain a master event license. Individ-
ual master event vendors shall be exempt from
public property vendor license fees. The sponsor of
the master event shall provide a list of participating
vendors, their business names, their addresses and
their State Tax Revenue Identification Numbers to
the city clerk within three working days after the
first day of the operation of the master event. The
sponsor of an ongoing master event shall submit an
updated vendor list as additional vendors partici-
pate in the event. The updated list shall be submit-
ted within three working days of each day of
operation in which the event has new participants.
No updated list is required if no new vendors par-
ticipate. Nothing in this section shall be construed
to exempt participants in a master event from any
requirements of this chapter other than individual
license fees unless specifically stated within this
chapter.
(b) Nonprofit status shall be granted to a
master event permit application only upon proof
that all participating vendors have obtained non-
profit status. (Ord. 1567 § 2, 1992).
5.96.030 Exemptions.
This chapter shall not apply to:
(1) Businesses possessing a valid business
license conducting a sidewalk sale abutting their
place of business;
(2) Charitable or nonprofit organizations, pro-
vided that their vending activities are limited to:
(a) Prepackaged food items or nonedible
merchandise, and
(b) Vending activities conducted not more
than twice per calendar year and for a period not
exceeding a cumulative total of 30 days;
(3) Persons selling products exempted by RCW
36.71.090; farmers, gardeners or other persons
selling or delivering fruits, vegetables, berries,
eggs or any farm produce or edibles raised, gath-
ered, produced or manufactured by such person;
(4) Vendors of books, periodicals, newspapers
or others exempted by state or federal law. (Ord.
1567 § 3, 1992).
5.96.040 Vendor license — Requirements,
duration, fees and renewal.
(1) The granting of a public property vending
license is conditioned in part upon the submission
and approval of the following to the office of the
city clerk:
(a) A public property vendor license appli-
cation and appropriate fee as established by this
section;
(b) A copy of a current city business license
or a copy of the business license application;
(c) A permit or other written document from
the local county health department granting
approval of the vending device which will be used
by the vendor if food or beverage items will be
sold;
(d) A copy of a food handler's permit,
issued by the local county health department for
each person who will be dispensing food or bever-
age products from the vending device;
(e) A certificate of insurance as provided for
in POW 5.96.060.
(2) The following requirements apply to all
vendors engaged in public property vending and a
public property vending license may be revoked
for violation of any of these requirements:
(a) Vending devices must be removed from
vending sites daily between the hours of 10:00 p.m.
and 6:00 a.m.;
(b) Vending devices and vending sites must
be clean and orderly at all times. The vendor must
furnish a suitable refuse container and is responsi-
ble for the daily disposal of refuse deposited
therein. Refuse containers must be removed each
day along with vending devices;
(c) Vendors may engage in public property
vending only in the location specified in the public
property license. The location shall be deemed the
vending site;
(d) Utility service connections are not per-
mitted, except electrical when provided with writ-
ten permission from the adjacent property owner.
Electrical lines are not allowed overhead or lying
in the pedestrian portion of the sidewalk;
(e) No mechanical audio or noisemaking
devices are allowed and no hawking is allowed;
5-51 (Revised 10/09)
5.96.050
(f) A vinyl or canvas umbrella may be
added to the vending device, but its open diameter
may not exceed eight and one-half feet. Any part of
the umbrella must have a minimum of seven feet of
vertical clearance to the area on which the vending
device stands;
(g) Individual vendor advertising signs may
be placed only upon the vending device. Tempo-
rary master event advertising signs may be placed
as approved by the city engineer;
(h) No conduct shall be permitted which
violates any other section of the Port Orchard
Municipal Code;
(i) Any vendor engaged in public property
vending shall, upon demand being made by a
police officer, produce a valid public property
vending license for inspection;
0) The vending site must be compatible
with the public interest in the use of the street, side-
walk or public place as a public right-of-way or
public park. Vendors shall not block public access
through the public right-of-way. There shall be a
minimum of four feet clearance for pedestrian
access at all times;
(k) A vendor shall not engage in public
property vending nor shall a vending site be
granted for a location within 10 feet of intersecting
sidewalks.
(3)(a) The fee for a public property vendor
license shall be either $15.00 per day for each
vending device or $200.00 per month for each
vending device payable at the time application for
such license is made. No public property vendor
license shall exceed 90 calendar days. A vendor
may apply for a renewal of a current public prop-
erty vendor license by submitting a renewal appli-
cation and applicable fees to the city clerk prior to
the expiration of the existing public property ven-
dor license. A renewal application shall be treated
as a new application.
(b) The fee for a master event license shall
be $15.00 per event day. (Ord. 017-09 § 2; Ord.
1868 § 2, 2002; Ord. 1567 § 4, 1992).
5.96.050 License — Revocation.
(1) A public property vendor license and/or a
master event license is wholly of a temporary
nature and vests no permanent rights. It may be
revoked at any time by the city clerk without
notice, renewal denied, or application for license
denied for any of the following reasons:
(a) The use or occupation of the vending site
location becomes dangerous or unsafe;
(b) The local county health department
withdraws approval or cancels the necessary per-
mits;
(c) The vendor, vendor representative or
master event sponsor violates any provision of the
Port Orchard Municipal Code;
(d) The public property vendor/master event
license applicant knowingly misrepresents facts in
the license application;
(e) The vendor's/master event insurance in
the amounts required by POMC 5.96.060 is not
current or in full force;
(f) The master event sponsor fails to submit
vendor participants list as required by POMC
5.96.020(3).
(2) In the event that the city clerk determines
that a license should be revoked in accordance with
this section, the notice and appeal procedures set
forth in POMC 5.12.120(2) through (6) shall apply.
(Ord. 017-09 § 3; Ord. 1567 § 5, 1992).
5.96.060 Insurance.
(1) Prior to issuance of the license, the licensee
shall, at its own expense, obtain such liability insur-
ance as will protect licensee, adjacent property
owners and the city from any and all claims for
damage to property or death or injury to persons
which may arise or result from operations or activ-
ities under the license, the issuance of the license,
or otherwise provide coverage of not less than
$500,000 per occurrence for property damage or in-
jury to persons and shall name as additional insured
the city of Port Orchard, its officers and employees
and shall further provide that the policy shall not
terminate or be canceled prior to the expiration of
the license and any renewals thereof without at least
30 days' written notice to the city clerk. Licensee
shall provide a certificate of such insurance to the
city clerk prior to the issuance of a license.
(2) A master event applicant shall provide
insurance for the master event as required by this
section. (Ord. 1567 § 6, 1992).
5.96.070 Violation — Penalty.
Violation of any provision of this chapter shall
constitute a Class 1 infraction and shall upon con-
viction be punished by a fine not to exceed
$250.00. (Ord. 1567 § 7, 1992).
(Revised 10/09) 5-52
Chapters:
13.04 Water and Sewers
13.06 Storm Drainage Utility
13.08 Repealed
Title 13
PUBLIC UTILITIES
13-1
(Revised 10/09)
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.
13.04.200
Low flow toilet rebate.
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"
$22.50
1"
$23.50
1-1/2"
$26.50
2"
$29.50
3"
$35.50
4"
$47.50
6"
$68.50
Size of Service
Bimonthly Rate
8"
$89.50
10"
$113.50
(2) Consumption Charge.
RATE 1 0 — 3,000 gallons
$18.50
RATE 2 3,001 — 5,000
$22.50
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 $22.50,
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
13-3 (Revised 10/09)
13.04.020
number of customers multiplied by a rate of
$22.50. 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. 021-09 § 2; 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 billed on a bimonthly sched-
ule. The sewer rates, as calculated bimonthly, are
shown as follows:
Description
Class
Single-family residences
1
Mobile home on single parcel
1
Business
2
Professional
2
Churches
3
Hotels, motels
4
Rest homes, care centers
4
Kitsap County jail
4
Apartments
5
Mobile home parks
5
Schools
6
Kitsap County courthouse (main
7
complex)
Restaurants
8
Laundromats
9
Taverns
10
Car dealerships
11
Post office
12
Grocery stores
13
Description Class
Bowling alley 14
Boat marina 14
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 $79.50
Class 2 $79.50 for each business with a
fixture.
$19.90 for each business, with an
employee present, without a fixture.
$79.50 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:
Size of
Category
Store/Office
Surcharge
Small
Less than
None
15,000 sf
Medium
15,000 to
$79.50
30,000 sf
Large
More than
$159.00
30,000 sf
Class 3 $79.50 for the church, plus*
$79.50 for the rectory, plus*
$79.50 for the annex.
*Class 6 for educational parochial
schools.
Class 4 Base fee of $79.50 plus $19.90 per
unit.
(Revised 10/09) 13-4
Port Orchard Municipal Code
13.04.020
Class 5 $79.50 per dwelling unit.
Class 6 $3.00 for each pupil, teacher,
maintenance and administrative
person.
Class 7 $3,100.50
Class 8 Based on the seating capacity as
determined by the building official.
Seating
Description Capacity Rate
Espresso Bar
Not
$79.50
Applicable
Deli
0
$119.25
Small
1 to 50
$238.50
Medium
51 to 150
$357.75
Large
More than
$477.00
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 $39.75 plus $19.90 per
washing machine.
Laundromats with less than four
washing machines are considered
Class 2. Dry cleaners without washing
machines are Class 2.
Class 10 $199.00
Class 11 $79.50 for sales and administrative
office, plus $79.50 for service
department, plus $79.50 for car
washing when the water is used to
determine cost sharing for the sewer
treatment plant.
Class 12 $278.25
Class 13 Basic fee of $39.75 plus the following
surcharges:
Description
Surcharge
Basic Store
$39.75
Bakery
$39.75
Wetted -Down Produce
$79.50
Food Disposal
$79.50
Meat Cutting Area
$159.00
Class 14 Base fee of $39.75 plus $39.75 for
each equivalent residential unit (ERU)
as determined for the cost -sharing
formula for the sewer treatment plant.
Class 15 Base fee of $39.75 plus $119.25 per
car washing bay.
Class 16 $79.50
Class 17 Basic fee of $159.00 plus the
following surcharges:
Description Surcharge
Less than 5 children $0.00
6 to 25 children $72.00
More than 25 children Class 6 rates
Class 18 $79.50 for gasoline retail, which could
include service bay.
$79.50 for nonautomotive retail.
Class 19 Base fee of $79.50 plus $79.50 per
unit with private kitchen; $19.90 per
unit without private kitchen, or studio
apartment.
Class 20 Base fee of $79.50 plus $7.95 per
rentable bedroom.
Special Notes:
(a) Home occupations will not be charged
additional sewer fees.
13-5 (Revised 10/09)
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. 021-09 § 3; 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) Some time 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 10/09) 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 meter.
(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. 021-09 § 4; 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
1" $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 10/09)
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 10/09) 13-8
Port Orchard Municipal Code
13.04.080
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 capital facil-
ity charges, connection fees, and fees in lieu of
assessment set forth in this chapter, but excluding
water and sewer rates, shall be automatically
adjusted based upon the All Urban Consumers
Price Index for the Seattle — Tacoma — Bremerton
area as published by the U.S. Department of Labor,
Bureau of Labor Statistics, for the prior June; but in
no event shall the adjustment be less than zero.
(2) The city council shall review the water and
sewer rates annually and shall adjust them as it
deems appropriate. (Ord. 021-09 § 5; 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).
13-11 (Revised 10/09)
13.04.090
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
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;
(Revised 10/09) 13-12
Port Orchard Municipal Code
13.04.160
(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;
(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
13-13 (Revised 10/09)
13.04.170
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;
(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).
13.04.200 Low flow toilet rebate.
A cash rebate shall be paid to homeowners for
the installation of a 1.6-gallon low flow toilet
replacing a standard toilet when the following con-
ditions are present:
(1) The homeowner has submitted an applica-
tion for rebate on a form designated by the city; and
(2) The installation address has an active water
account in good standing with the city. (Ord. 018-
09 § 1).
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 10/09) 13-14
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).
13-15 (Revised 10/09)
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 or until the utility
determines the actual number of ISUs, whichever
is earlier, multifamily and commercial accounts
shall pay a service charge based on the presump-
tion that 85 percent of the lot is impervious surface.
(4) Within 12 months following the effective
date of the service charges, the utility shall deter-
mine the actual number of ISUs contained on mul-
tifamily and commercial properties and these
accounts shall pay a service charge to be calculated
as follows: actual impervious ground cover/3,000
square feet x single-family rate. In making the cal-
culation, fractions shall be rounded to the nearest
whole number but not less than one. (Ord. 005-09
§ 1; 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-
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).
(Revised 10/09) 13-16
Port Orchard Municipal Code
13.06.140
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).
Chapter 13.08
CONCURRENCY MANAGEMENT SYSTEM
(Repealed by Ord. 046-07)
13-17 (Revised 10/09)
Title 15
BUILDINGS AND STRUCTURES
Chapters:
15.04 Building Code
15.08 Plumbing Code
15.12 Fire Prevention Code
15.14 Fire Sprinklers
15.16 Repealed
15.20 Repealed
15.24 Building Numbers
15.28 Fire Hydrant Installation
15.30 Illicit Discharge Detection and Elimination
15.32 Stormwater Management
15.36 Mobile Home Installation and Inspection
15.38 Flood Damage Prevention
15.40 Repealed
15.44 Energy Code and Ventilation and Indoor Air Quality Code
15.48 Hazardous Materials Facility Warning System
15-1 (Revised 10/09)
Port Orchard Municipal Code
15.14.070
nate materials and/or methods and provide for rea-
sonable interpretations of the provisions of this
chapter. The chief shall be notified of all appeals
under this chapter. On request by the board of
appeals, the fire safety advisory committee shall
review appeals and provide recommendations
thereon to the board of appeals. (Ord. 1803 § 4,
2000).
15.14.050 Fire safety advisory committee.
A committee has been established by Kitsap
County and the city of Port Orchard to review fire
safety evaluations as provided in this chapter, peri-
odically review this chapter and recommend
improvements to it; investigate and recommend
funding sources for fire and life safety enhance-
ments to Group R, Division 1 buildings; when
requested by the board of appeals, provide recom-
mendations on appeals under this chapter; and
develop strategies to enhance fire safety within the
community. In performing its responsibilities
under this chapter, the committee shall be guided
by the standards set forth in the administrative
summary. The committee shall consist of at least
three county residents, three fire service personnel,
three resident(s) of incorporated areas, and three
owners of Group R, Division 1 buildings. The city
council shall appoint advisory committee mem-
ber(s) representing the city on or before March 1,
2001. The Port Orchard fire authority shall report
on the recommendations of this committee to the
city council. (Ord. 1803 § 5, 2000).
15.14.060 Enforcement.
The chief and his or her designee are authorized
to enforce the provisions of this chapter. (Ord.
1803 § 6, 2000).
15.14.070 Violation — Penalty.
The violation of any provision of this chapter
shall constitute a Class I civil infraction. Each vio-
lation shall constitute a separate infraction for each
and every day or portion thereof during which the
violation is committed, continued or permitted.
Infractions shall be processed in accordance with
the provisions of the Port Orchard Municipal Code;
provided, however, that the maximum penalty and
default amount for a Class I civil infraction under
this chapter shall be $500.00 not including statu-
tory assessments. (Ord. 1803 § 7, 2000).
Chapter 15.16
SIGNS
(Repealed by Ord. 046-07)
Chapter 15.20
BUILDING USE REGISTRATION
(Repealed by Ord. 1665)
15-15 (Revised 10/09)
15.24.010
Chapter 15.24
BUILDING NUMBERS
Sections:
15.24.010 Duty of owner.
15.24.020 Placement of numbers.
15.24.030 Violation — Penalty.
15.24.010 Duty of owner.
It shall be the duty of every owner, agent, lessor
or occupant of every house or other buildings
which are part of the same property with a num-
bered house or building, to place on such building
its proper street number. Such numbers shall be
placed on such house or building within 30 days
from the time the owner, agent or occupant
receives written notice from the city clerk of the
numbers assigned to the house or building. (Ord.
984 § 1, 1976).
15.24.020 Placement of numbers.
Street numbers, as provided in this chapter, shall
be either affixed in metal, wood, decals or painted
on, in such a manner that the numbers are clearly
visible from the street which the house or building
faces during daylight and nondaylight hours. The
numbers shall be not less than three inches in
height and shall be a contrasting color from the
color of the building to which they are affixed; and
shall be affixed above or to the side of the entrance
of house or building. If the entrance is not clearly
visible from the street, the numbers shall be placed
in such a manner as to be clearly visible from the
street. (Ord. 984 § 2, 1976).
15.24.030 Violation — Penalty.
Violation of any of the sections of this chapter
shall be a misdemeanor and may be punished by a
fine of not less than $25.00 nor more than $100.00.
(Ord. 984 § 3, 1976).
Chapter 15.28
FIRE HYDRANT INSTALLATION
Sections:
15.28.010 Applicability.
15.28.020 Definitions and abbreviations.
15.28.030 Plans.
15.28.040 Timing of installation.
15.28.050 Number of hydrants required.
15.28.060 Location of hydrants.
15.28.070 Materials and installation.
15.28.080 Water mains.
15.28.090 Hydrant workmanship.
15.28.100 Hydrant obstructions.
15.28.110 Hydrant protection.
15.28.120 Prohibited installation.
15.28.130 Exemption.
15.28.140 Interpretation, purpose and conflict.
15.28.150 Violation — Penalty.
15.28.010 Applicability.
(1) All buildings constructed within the city
shall be served by fire hydrants installed in accor-
dance with the requirements of this chapter. In
addition, existing fire hydrants which do not con-
form with the requirements and standards of this
chapter, when replaced, shall be replaced with
hydrants which conform to the standards and
requirements of this chapter.
(2) No building shall be constructed within the
city unless there is an approved water supply sys-
tem with hydrants capable of supplying the
required fire flow for the classification of the build-
ing to be constructed. Any cost incurred to bring
the system up to required standards shall be the
responsibility of the property owner. (Ord. 1699 §
1, 1997).
15.28.020 Definitions and abbreviations.
(1) Whenever a reference is made to any por-
tion of this code or any other applicable law or
ordinance, the reference applies to all amendments
and additions now or hereafter made.
(2) For the purpose of this chapter, the follow-
ing words, terms, phrases and their derivations
shall have the meaning given in this section unless
the context otherwise indicates. Words used in the
present tense include the future; words in the plural
include the singular, and the singular the plural.
The word "shall" is always mandatory.
(Revised 10/09) 15-16
Port Orchard Municipal Code
15.30.020
Chapter 15.30
ILLICIT DISCHARGE DETECTION
AND ELIMINATION
Sections:
15.30.010
Purpose.
15.30.020
Definitions.
15.30.030
Applicability.
15.30.040
Administration.
15.30.050
Compliance required.
15.30.060
Minimum standards.
15.30.070
Discharge prohibitions.
15.30.080
Suspension of MS4 access.
15.30.090
Industrial or construction activity
discharges.
15.30.100
Requirement to prevent, control, and
reduce stormwater pollutants by the
use of best management practices
(BMPs).
15.30.110
Watercourse protection.
15.30.120
Notification of illicit discharges.
15.30.130
Inspection and investigation.
15.30.140
Enforcement and penalties.
15.30.150
Appeals.
15.30.160
Records retention.
15.30.170
Construction — Intent.
15.30.010 Purpose.
The purpose of this chapter is to provide for the
health, safety, and general welfare of the citizens of
Port Orchard and to protect and enhance the water
quality of watercourses and water bodies through
the regulation of non-stormwater discharges to the
storm drain system to the maximum extent practi-
cable as required by federal and state law. This
chapter is established in compliance with the Fed-
eral Clean Water Act (Title 33 United States Code
Section 1251 et seq.) and the requirements of the
city's National Pollutant Discharge Elimination
System (NPDES) permit. The objectives of this
chapter are:
(1) To regulate the contribution of pollutants to
the municipal separate storm sewer system (MS4)
by stormwater discharges by any user;
(2) To prohibit illicit connections and dis-
charges to the municipal separate storm sewer sys-
tem;
(3) To establish legal authority to carry out all
inspection, surveillance and monitoring proce-
dures necessary to ensure compliance with this
chapter; and
(4) To establish enforcement processes and
penalties for violations of this chapter. (Ord. 019-
09 § 2).
15.30.020 Definitions.
The terminology in this chapter shall have the
meanings described as follows:
(1) "AKART" means all known available and
reasonable methods of prevention, control, and
treatment.
(2) "Best management practices (BMPs)"
means schedules of activities, prohibitions of prac-
tices, general good housekeeping practices, pollu-
tion prevention and educational practices,
maintenance procedures, and other management
practices to prevent or reduce the discharge of pol-
lutants directly or indirectly to stormwater, receiv-
ing waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating
procedures, and practices to control site runoff,
spillage or leaks, sludge or water disposal, or drain-
age from raw materials storage.
(3) "City" means Port Orchard, Washington, or
as indicated by the context, the public works direc-
tor, or other authorized representative of the gov-
ernmental authority of the city of Port Orchard.
(4) "Director" means the public works director
or designee(s).
(5) "Discharge" means to throw, drain, release,
dump, spill, empty, emit, or pour forth any matter
or to cause or allow matter to flow, run, or seep
from land or to be thrown, drained, released,
dumped, spilled, emptied, emitted, or poured into
water.
(6) "Ground water" means water in a saturated
zone or stratum beneath the surface of the land or
below a surface water body.
(7) "Hazardous materials" means any material,
including any substance, waste, or combination
thereof, which because of its quantity, concentra-
tion, or physical, chemical, or infectious character-
istics may cause, or significantly contribute to, a
substantial present or potential hazard to human
health, safety, property, or the environment when
improperly treated, stored, transported, disposed
of, or otherwise managed.
15-18.1 (Revised 10/09)
15.30.020
(8) "Illicit connection" means (a) any drain or
conveyance, whether on the surface or subsurface,
which allows an illicit discharge to enter the storm
drain system including, but not limited to, any con-
veyances which allow any non-stormwater dis-
charge including sewage, process wastewater, and
wash water to enter the storm drain system and any
connections to the storm drain system from indoor
drains and sinks, regardless of whether said drain
or connection had been previously allowed, per-
mitted, or approved by the city; or (b) any drain or
conveyance connected from a residential, commer-
cial or industrial land use to the storm drain system
which has not been documented in plans, maps, or
equivalent records and approved by the city.
(9) "Illicit discharge" means any direct or indi-
rect non-stormwater discharge to a municipal sep-
arate storm sewer or to surface or ground water that
is not composed entirely of stormwater, except dis-
charges pursuant to an NPDES permit (other than
the NPDES permit for discharges from the munic-
ipal separate storm sewer), discharges resulting
from fire fighting activities, and those discharges
expressly allowed conditionally by this chapter.
(10) "Industrial waste" means any liquid, gas-
eous or solid substance or a combination thereof
which is an undesired by-product waste resulting
from any process of industry, manufacturing, trade
or business or from the development or recovery of
any natural resources, except garbage.
(11) "Municipal separate storm sewer system
(MS4)" means a conveyance or system of convey-
ances which is intended to convey only stormwater
(including roads with drainage systems, municipal
streets, catch basins, curbs, gutters, ditches, man-
made channels, or storm drains) and which are: (a)
owned or operated by the city of Port Orchard; (b)
designed or used for collecting or conveying
stormwater; (c) are not part of a publicly owned
treatment works (any device or system used in
treatment of municipal sewage or industrial wastes
of a liquid nature which is publicly owned); and (d)
are not a combined sewer (a system that collects
sanitary sewage and stormwater in a single sewer
system).
(12) "National Pollutant Discharge Elimination
System (NPDES) Stormwater Discharge Permit"
means a permit issued by the Environmental Pro-
tection Agency (EPA) or by the Washington State
Department of Ecology that authorizes the dis-
charge of pollutants to waters of the United States,
whether the permit is applicable to an individual,
group, or general area -wide basis.
(13) "Non-stormwater discharge" means any
discharge to the storm drain system that is not com-
posed entirely of stormwater.
(14) "Owner" or "person" includes any individ-
ual, association, organization, partnership, firm,
corporation, business, leasee, or other entity recog-
nized by law; acting as either the owner or as the
owner's agent, and/or having responsibility,
charge, and/or control over any property that is
subject to the provisions of this chapter.
(15) "Pollutant" means anything which causes
or contributes to pollution. Pollutants may include,
but are not limited to: paints, varnishes, and sol-
vents; oil and other automotive fluids; nonhazard-
ous liquid and solid wastes and yard wastes; refuse,
rubbish, garbage, litter, or other discarded or aban-
doned objects, ordinances, and accumulations, so
that same may cause or contribute to pollution;
floatables; pesticides, herbicides, and fertilizers;
hazardous substances and wastes; sewage, fecal
coliform and pathogens; dissolved and particulate
metals; animal wastes; wastes and residues that
result from constructing a building or structure;
and noxious or offensive matter of any kind.
(16) "Pollution" means such contamination, or
other alteration of the physical, chemical, or bio-
logical properties, of any waters of the city, state,
or United States, including change in temperature,
taste, color, turbidity, or odor of the waters, or such
discharge of any liquid, gaseous, solid, radioactive,
or other substance into any waters as will or is
likely to create a nuisance or render such waters
harmful, detrimental, or injurious to the public
health, safety, or welfare, or to domestic, commer-
cial, industrial, agricultural, recreational, or other
legitimate beneficial uses, or to livestock, wild ani-
mals, birds, fish, or other aquatic life.
(17) "Premises" means any building, lot, parcel
of land, or portion of land whether improved or
unimproved.
(18) "Sanitary sewer" means a conveyance sys-
tem which transports sewage and to which storm,
surface and ground waters are not intentionally
admitted.
(19) "Sewage" means a combination of the
water -carried wastes from residences, business
buildings, institutions, and industrial establish-
ments, together with such ground water, surface
(Revised 10/09) 15-18.2
Port Orchard Municipal Code
15.30.070
water and stormwater as may be inadvertently
present. The admixture of sewage with industrial
wastes as defined above or other wastes also shall
be considered "sewage" within the meaning of this
definition.
(20) "Stop work order" means an immediate
order posted at site halting all operations except
those required to correct improper activities.
(21) "Storm drainage system or storm drain
system" means any publicly owned facility, includ-
ing the city's municipal separate storm sewer sys-
tem, by which stormwater is collected and/or
conveyed, including but not limited to any roads
with drainage systems, municipal streets, gutters,
curbs, inlets, piped storm drains, pumping facili-
ties, retention and detention basins, natural and
human -made or altered drainage channels, reser-
voirs, and other drainage structures.
(22) "Storm water" or "stormwater" means any
surface flow, runoff, and drainage consisting
entirely of uncontaminated water from any form of
natural precipitation, including snowmelt, during
and following precipitation, and resulting from
such precipitation that meets the nonpollutant
requirements.
(23) "Stormwater pollution prevention plan" or
"SWPPP" means a document which describes the
best management practices and activities to be
implemented by a person to identify sources of pol-
lution or contamination at a premises and the
actions to eliminate or reduce pollutant discharges
to stormwater, stormwater conveyance systems,
and/or receiving waters to the maximum extent
practicable.
(24) "Wastewater" means any water or other
liquid, other than uncontaminated stormwater, dis-
charged from a facility.
(25) "Watercourse" means a depression formed
by runoff moving over the surface of the earth; any
natural or artificial channel through which water
flows; a lake, river, creek, stream, wash, arroyo,
channel or other topographic feature on or over
which waters flow at least periodically.
(26) "Waters of the state" means lakes, rivers,
ponds, streams, inland waters, underground
waters, salt waters and all other surface waters and
watercourses within the jurisdiction of the state of
Washington as defined in Chapter 90.48 RCW.
(Ord. 019-09 § 3).
15.30.030 Applicability.
This chapter shall apply to all water entering the
stormwater drainage system and waters of the state
within the city's jurisdiction. (Ord. 019-09 § 4).
15.30.040 Administration.
The public works director or designee shall
administer, implement, and enforce the provisions
of this chapter. The director shall have the author-
ity to develop and implement procedures to admin-
ister and enforce this chapter. (Ord. 019-09 § 5).
15.30.050 Compliance required.
Property owners are responsible for the mainte-
nance, operation and repair of stormwater systems
and BMPs within their property. Property owners
shall maintain, operate and repair these facilities in
compliance with the requirements of this chapter
and the city's adopted codes and manuals. (Ord.
019-09 § 6).
15.30.060 Minimum standards.
The standards set forth herein and promulgated
pursuant to this chapter are minimum standards;
therefore, this chapter does not intend nor imply
that compliance by any person will ensure that
there will be no contamination, pollution, nor
unauthorized discharge of pollutants. (Ord. 019-09
§ 7).
15.30.070 Discharge prohibitions.
(1) Prohibition of Illicit Discharges. It is unlaw-
ful for any person to throw, drain, or otherwise dis-
charge, or cause or allow others under its control to
throw, drain or otherwise discharge any materials
other than stormwater into the municipal storm
drain system and/or surface and ground waters of
the city. Prohibited materials include, but are not
limited to, pollutants or waters containing any pol-
lutants, that cause or contribute to a violation of
applicable water quality standards. The com-
mencement, conduct, or continuance of any illicit
discharge to the storm drain system is prohibited.
Examples of pollutants include, but are not lim-
ited to, the following: trash or debris; solid waste;
construction materials; petroleum products includ-
ing, but not limited to, oil, gasoline, grease, fuel oil,
heating oil; antifreeze and other automotive prod-
ucts; fixed and mobile vehicle washes; metals in
either particulate or dissolved form in excess of
naturally occurring amounts; flammable or explo-
15-18.3 (Revised 10/09)
15.30.070
sive materials; radioactive materials; batteries;
acids, alkalis, or bases; paints, stains, resins, lac-
quers, or varnishes; degreasers or solvents; drain
cleaners; commercial and household cleaning
materials; carpet cleaning wastes; pesticides, her-
bicides, or fertilizers; steam cleaning wastes; laun-
dry waste; soaps, detergents, or ammonia;
swimming pool or spa filter backwash (diatoma-
ceous earth); swimming pool cleaning wastewater;
chlorine, bromine, and other disinfectants; heated
water; chlorinated swimming pool or hot tub water;
human and animal wastes; domestic or sanitary
sewage; recreational vehicle waste; animal car-
casses; food and food wastes; yard waste; bark and
other fibrous materials (does not include large
woody debris in approved restoration projects);
collected lawn clippings, leaves, or branches;
wastes associated with building construction; con-
crete and concrete by-products; silt, sediment,
including dirt, sand, and gravel; dyes and ink
(except as stated in subsection (2)(e) of this sec-
tion); chemicals not normally found in uncontami-
nated water; any other process -associated
discharge except as otherwise allowed in this sec-
tion; and any hazardous material or waste not listed
above.
(2) Conditional Discharges. The following
types of discharges shall not be considered illicit
discharges for the purposes of this chapter if they
meet the stated conditions or unless the director
determines that the type of discharge, whether sin-
gly or in combination with others, is causing or is
likely to cause pollution of surface water or ground
water:
(a) Discharges from potable water sources,
including water line flushing, hyper -chlorinated
(> 10 mg/liter chlorine) water line flushing, fire
hydrant system flushing, and pipeline hydrostatic
test water. Planned discharges shall be de -chlori-
nated to a concentration of 0.1 ppm or less, pH -
adjusted if necessary, and volumetrically and
velocity controlled to prevent re -suspension of sed-
iments in the stormwater system;
(b) Discharges from lawn watering and
other irrigation runoff; however, these shall be
minimized through water conservation efforts;
(c) De -chlorinated spa or swimming pool
discharges. The discharges shall be de -chlorinated
to a concentration of 0.1 ppm or less, pH -adjusted
and re -oxygenized if necessary, and volumetrically
and velocity controlled to prevent re -suspension of
sediments in the stormwater system. Swimming
pool cleaning wastewater and filter backwash shall
not be discharged to the storm drainage system;
(d) Street and sidewalk wash water, water
used to control dust, and routine external building
wash down that does not use detergents. The
amount of street wash, dust control, and building
wash water shall be minimized. At active construc-
tion sites, street sweeping must be performed prior
to washing the street;
(e) Dye testing with verbal notification to
the city a minimum of 24 hours prior to the time of
the test;
(f) Non-stormwater discharges covered by
another NPDES permit, waiver, or waste discharge
order issued to the discharger and administered
under the authority of the Environmental Protec-
tion Agency or Washington State Department of
Ecology; provided, that the discharger is in full
compliance with all requirements of the permit,
waiver, or order and other applicable laws and reg-
ulations; and provided, that written approval has
been granted for any discharge to the storm drain
system;
(g) Discharges resulting from maintenance,
repair, or operation of firefighting equipment and
facilities that are not directly associated with public
fire fighting, including discharges from public fire
fighting training exercises, unless city -approved
best management practices are implemented;
(h) Other non-stormwater discharges shall
be in compliance with the requirements of a storm -
water pollution prevention plan reviewed and
approved by the city, which addresses control of
such discharges by applying AKART to prevent
contaminants from entering surface or ground
water.
(3) Allowable Discharges. The following types
of discharges shall not be considered illicit dis-
charges for the purposes of this chapter if they do
not contain pollutants or unless the director deter-
mines that the type of discharge, whether singly or
in combination with others, is causing or is likely
to cause pollution of surface water or ground water.
(a) Diverted stream flows, rising ground
waters, uncontaminated ground water infiltration
(as defined in Title 40 of the Code of Federal Reg-
ulations: 40 CFR 35.2005(20)), uncontaminated
pumped ground water, foundation drains, air con-
ditioning condensation, irrigation water from agri-
cultural sources that is commingled with urban
(Revised 10/09) 15-18.4
Port Orchard Municipal Code
15.30.090
stormwater, springs, water from crawl space
pumps, footing drains, flows from riparian habitats
and wetlands, and discharges from emergency fire
fighting activities in accordance with "S2. Autho-
rized Discharges," of the city's NPDES permit.
(b) Discharges specified in writing by the
city as being necessary to protect public health and
safety.
(c) If a person can demonstrate that there are
no additional pollutants being discharged from the
premises above the background conditions of the
water entering the site, that person shall not be in
violation of subsection (1) of this section.
(4) Prohibition of Illicit Connections.
(a) The construction, use, maintenance or
continued existence of illicit connections to the
storm drain system is prohibited. This prohibition
expressly includes, without limitation, illicit con-
nections made in the past, regardless of whether the
connection was permissible under law or practices
applicable or prevailing at the time of connection.
(b) Any connection identified by the direc-
tor that could convey anything not composed
entirely of surface and stormwater directly into
municipal drainage facilities is considered an illicit
connection and is prohibited with the following
exceptions: connections conveying allowable dis-
charges or connections conveying discharges pur-
suant to an NPDES permit or a state waste
discharge permit.
(c) Illicit connections must be disconnected
and redirected, if warranted, to an approved on -site
wastewater management system or the sanitary
sewer system upon approval of the city.
(d) Any drain or conveyance that has not
been documented in plans, maps or equivalent, and
which is connected to the storm sewer system, shall
be located by the owner or occupant of that prop-
erty upon receipt of written notice of violation
from the city requiring that such locating be com-
pleted. Such notice will specify a reasonable time
period within which the location of the drain or
conveyance is to be determined, that the drain or
conveyance be identified as storm sewer, sanitary
sewer, or other, and that the outfall location or
point of connection to the storm sewer system, san-
itary sewer system or other discharge point be
identified. Results of these investigations are to be
documented and provided to the city.
(5) Prohibition of Stormwater Discharge to
Sanitary Sewer. Stormwater shall not be dis-
charged into the sanitary sewer without written
permission to do so from the city of Port Orchard.
(6) Prohibition of Waste Disposal. No person
shall throw, deposit, leave, maintain, or keep in or
upon any public or private property, the stormwa-
ter drainage system, or waters of the state, any
refuse, rubbish, garbage, litter, or other discarded
or abandoned objects, articles, or accumulations
that may cause or contribute to pollution. Wastes
deposited in proper non -leaking waste receptacles
for the purposes of collection are exempt from this
prohibition. (Ord. 019-09 § 8).
15.30.080 Suspension of MS4 access.
(1) Suspension Due to Illicit Discharges in
Emergency Situations. The city may, without prior
notice, suspend MS4 discharge access to a person
when such suspension is necessary to stop an
actual or threatened discharge which presents or
may present imminent and substantial danger to the
environment, or to the public health or welfare, or
to the MS4, or waters of the state. If the violator
fails to comply with a suspension order issued in an
emergency, the city may take such steps as deemed
necessary to prevent or minimize damage to the
MS4 or waters of the state, or to minimize danger
to persons.
(2) Suspension Due to the Detection of Illicit
Discharge. The city may terminate a person's MS4
access if such termination would abate or reduce an
illicit discharge. The city will notify a violator of
the proposed termination of its MS4 access. The
violator may appeal such termination in accor-
dance with POMC 15.30.150. No person shall rein-
state MS4 access to premises terminated pursuant
to this section, without the prior approval of the
city. (Ord. 019-09 § 9).
15.30.090 Industrial or construction activity
discharges.
Any person subject to an industrial or construc-
tion activity NPDES stormwater discharge permit
shall comply with all provisions of such permit.
The city may require proof of compliance with said
permit in a form acceptable to the city prior to
allowing discharges to the MS4. (Ord. 019-09
§ 10).
15-18.5 (Revised 10/09)
15.30.100
15.30.100 Requirement to prevent, control,
and reduce stormwater pollutants by
the use of best management practices
(BMPs).
(1) General. The owner or operator of a com-
mercial or industrial establishment shall provide, at
its own expense, reasonable protection from acci-
dental discharge of prohibited materials or other
wastes into the municipal storm drain system,
watercourses, surface water, or ground water
through the use of structural and nonstructural
BMPs which have been approved by the city for
any activity, operation, or facility which may cause
or contribute to pollution or contamination of
stormwater, the storm drain system, or waters of
the state. Further, any person responsible for a
property or premises, which is, or may be, the
source of an illicit discharge, may be required to
implement, at said person's expense, additional
structural and nonstructural BMPs to prevent the
further discharge of pollutants to the MS4. Compli-
ance with all terms and conditions of a valid
NPDES permit authorizing the discharge of storm -
water associated with industrial activity, to the
extent practicable, shall be deemed in compliance
with the provisions of this section. These BMPs
shall be part of a stormwater pollution prevention
plan as necessary for compliance with require-
ments of the NPDES permit.
(2) BMP Descriptions. Approved BMPs are
described in the stormwater management man-
ual(s) adopted by the city. The manual(s) describes
the types of regulated activities, the types of con-
taminants generated by each activity, the contami-
nant's effect on water quality, the required source
control BMPs, and the available treatment BMPs.
The manual(s) includes information on design,
maintenance, and allowable use of additional or
alternative BMPs.
(3) Priority of BMP Implementation. In apply-
ing the BMP manual, the director shall first require
the implementation of source control BMPs unless
the BMP manual specifically requires treatment
BMPs. If source control BMPs (or treatment BMPs
if required by the BMP manual) do not prevent
contaminants from entering surface and stormwa-
ter or ground water, the director may require imple-
mentation of additional source control BMPs
and/or treatment BMPs according to AKART.
(4) Prevention of Pollution of Surface and
Ground Water. BMPs shall be applied as required
herein, so that when all appropriate combinations
of individual BMPs are utilized, pollution of sur-
face or ground water is prevented. If all BMPs
required herein, or by the director are applied, and
pollution still occurs, the discharger shall modify
existing practices or apply further water pollution
control measures, as specified by the director. In
the absence of implementation of applicable
BMPs, the director shall be authorized to conclude
that individual activities are causing pollution in
violation of this section, and shall be authorized to
enforce this chapter accordingly. (Ord. 019-09
§ 11).
15.30.110 Watercourse protection.
Every person owning property through which a
watercourse passes, or such person's lessee, shall
keep and maintain that part of the watercourse
within the property free of trash, debris, excessive
vegetation, and other obstacles that would pollute,
contaminate, or significantly retard the flow of
water through the watercourse. In addition, the
owner or lessee shall maintain existing privately
owned structures within or adjacent to a water-
course, so that such structures will not become a
hazard to the use, function, or physical integrity of
the watercourse. (Ord. 019-09 § 12).
15.30.120 Notification of illicit discharges.
(1) Notwithstanding other requirements of law,
as soon as any person, including any person
responsible for a facility or operation, or responsi-
ble for emergency response for a facility or opera-
tion, who has information of any known or
suspected release of materials which are resulting,
or may result in, illicit discharges or pollutants dis-
charging into stormwater, the storm drain system,
or waters of the state, said person shall take all nec-
essary steps to ensure the discovery, containment,
and cleanup of such release.
(a) In the event of such a release of hazard-
ous materials, said person shall immediately notify
emergency response agencies of the occurrence via
emergency dispatch services (911) and the public
works department (360-876-4991).
(b) In the event of a release of non -hazard-
ous materials, said person shall notify the public
works department in person or by phone (360-876-
4991) or facsimile (360-876-4980) within 48 hours
(Revised 10/09) 15-18.6
Port Orchard Municipal Code
15.30.130
after said discharge. Notifications in person or by
phone shall be confirmed by written notice
addressed and mailed to the city within three busi-
ness days of the phone notice.
(2) If the discharge of prohibited materials
emanates from a commercial or industrial estab-
lishment, the owner or operator of such establish-
ment shall also retain an on -site written record of
the discharge and the actions taken to prevent its
recurrence. Such records shall be retained in accor-
dance with POMC 15.30.160. (Ord. 019-09 § 13).
15.30.130 Inspection and investigation.
(1) Authorization.
(a) Whenever implementing the provisions
of this chapter or whenever there is cause to believe
that a violation of this chapter has been or is being
committed, the director is authorized to inspect
during regular working hours and at other reason-
able times all stormwater facilities within the city
of Port Orchard to determine compliance with the
provisions of this chapter.
(b) The director may observe BMPs or
examine and/or sample surface and stormwater or
ground water as often as may be necessary to deter-
mine compliance with this chapter. The director is
further authorized, as set forth in subsections (2)
and (4) of this section, to enter in or upon any pub-
lic or private property for the purpose of inspecting
and investigating conditions relating to the pollu-
tion of, or the possible pollution of, surface and/or
ground water. Whenever an on -site inspection of a
property is made, the findings shall be docu-
mented. A copy of the inspection findings shall be
furnished to the owner or the person in charge of
the property after the conclusion of the investiga-
tion.
(2) Right of Entry. The director is authorized to
enter at all reasonable times in or upon any prop-
erty, public or private, for the purpose of inspecting
and investigating any conditions relating to the
provisions of this chapter or any regulation adopted
under this chapter; provided, that the city shall first
obtain from the owner or person responsible for
such premises, permission to enter. If entry is
refused, the city shall have recourse to every rem-
edy provided by law to secure entry. The right of
entry is subject to the provisions of subsection (4)
of this section.
(a) If a discharger has security measures in
force which require proper identification and clear-
ance before entry into its premises, the discharger
shall make the necessary arrangements to allow
access to the director.
(b) Any temporary or permanent obstruc-
tion to safe and easy access to the facility to be
inspected and/or sampled shall be promptly
removed by the operator at the written or oral
request of the city and shall not be replaced. The
costs of clearing such access shall be borne by the
facility operator.
(c) No person who is the owner or operator
of a facility with an NPDES permit to discharge
stormwater associated with industrial activity shall
deny the city reasonable access to the permitted
facility for the purpose of conducting any activity
authorized or required by this chapter. Unreason-
able delays in allowing the city access to a permit-
ted facility is a violation of a stormwater discharge
permit and of this chapter.
(3) Obstructing the Director. No person shall
obstruct the director in the performance of his or
her official duties in the enforcement of this chap-
ter, including but not limited to:
(a) Intentional use of, or threat to use, force
to obstruct a person he or she knows, or should rea-
sonably know, is the director and is performing his
or her official duties in the enforcement of storm -
water system regulations; or
(b) Acting in a manner that he or she knows,
or should reasonably know, will interfere with or
obstruct a person known to be, or who should rea-
sonably be known to be, responsible for the
enforcement of stormwater system regulations; or
(c) Refusing to identify himself or herself
and give his or her current address to the director
for the enforcement of this chapter pursuant to an
investigation of a violation upon request by the
director.
(4) Inspection Requirements. The director is
authorized to develop inspection procedures and
requirements for all stormwater facilities in the city
of Port Orchard. In addition to any procedures for
inspections developed by the director, the follow-
ing shall apply:
(a) Prior to making any inspections on pri-
vate property, the director shall present identifica-
tion credentials, state the reason for the inspection,
and request entry.
(b) If the property, or any building or struc-
ture on the property, is unoccupied, the director
shall first make a reasonable effort to locate the
15-18.7 (Revised 10/09)
15.30.140
owner or other person(s) having charge or control
of the property or portions of the property and
request entry.
(c) Unless entry is consented to by the
owner or person(s) in control of the property, or
portion of the property, or unless conditions are
reasonably believed to exist in the opinion of the
director which create immediate danger to public
health or safety, the director shall obtain a search
warrant or other remedy, prior to entry, as autho-
rized by the laws of the state of Washington.
(d) Nothing in this section prevents the
director from inspecting a stormwater system with-
out consent of the property owner or a search war-
rant, provided the inspection can be conducted
while remaining on public property or other prop-
erty on which permission to enter is obtained.
(5) Monitoring, Sampling, and Analysis.
(a) Whenever the director determines that
any person has violated or is violating the provi-
sions of this chapter, the director may require the
person responsible for the violation to sample and
analyze any discharge, surface water, stormwater,
ground water, and/or sediment, in accordance with
sampling and analytical procedures or require-
ments determined by the director. When the direc-
tor has reason to believe that a connection is
resulting in an illicit discharge, the director may
sample and analyze the discharge and recover the
costs from a person in an enforcement proceeding.
When the discharge is likely to contain illicit dis-
charges on a recurring basis, the director may con-
duct, or may require the person to conduct,
ongoing monitoring (including sampling and test-
ing) at the person's expense.
(b) The city shall have the right to set up on
any facility such devices as are necessary in the
opinion of the city to conduct monitoring and/or
sampling of the facility's stormwater discharge.
(c) The city has the right to require the dis-
charger to install monitoring equipment as neces-
sary. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe
and proper operating condition by the discharger at
its own expense. When monitoring is required, the
discharger shall sample and analyze any discharge,
surface and stormwater, ground water, and/or sed-
iment, in accordance with sampling and analytical
procedures or requirements determined by the
director. A copy of the analysis shall be provided to
the director. (Ord. 019-09 § 14).
15.30.140 Enforcement and penalties.
(1) Authorization. The director is authorized to
enforce this chapter and any permit, order or
approval issued pursuant to this chapter, against
any violation or threatened violation thereof.
(2) Compliance. The director shall attain com-
pliance with this chapter by requiring the imple-
mentation of BMPs. The director may initially rely
on education and informational assistance to gain
compliance with this chapter, unless the director
determines a violation poses a hazard to public
health, safety, or welfare, endangers any property,
or adversely affects the safety and operation of city
right-of-way, utilities and/or other property owned
or maintained by the city, that should be addressed
through immediate penalties. The director may
demand immediate cessation of discharges and
assess penalties for violations that are an imminent
or substantial danger to the health or welfare of
persons or danger to the environment. Enforcement
actions shall escalate for non-compliance. Enforce-
ment shall include one or more of the following
actions, singly or in combination. The director may
apply whatever enforcement action, or combina-
tion of actions, is determined appropriate within
the following range of actions, regardless of the
position in the range.
(a) Written warning with voluntary compli-
ance. May be applied to first time, minor viola-
tions. Educational materials and informational
assistance will be provided to the violator.
(b) Compensatory actions such as commu-
nity service related to stormwater education or mit-
igation in lieu of penalty or enforcement
proceedings. Requires a formal written agreement
between the director and the violator.
(c) Written notice of violation ordering
compliance.
(d) Civil or criminal penalties. In accor-
dance with subsections (4) and (5) of this section.
(e) Emergency cease and desist order. In
circumstances where a violation poses a hazard to
public health, safety, or welfare, endangers any
property, or adversely affects the safety and opera-
tion of city right-of-way, utilities and/or other
property owned or maintained by the city, the
director is authorized to issue cease and desist
orders. The cease and desist order may require
immediate compliance with this chapter by halting
operations and/or terminating discharges may be
applied by means of the use of a stop work order.
(Revised 10/09) 15-18.8
Port Orchard Municipal Code
15.30.140
(f) Disconnection from the MS4. Applies to
illicit connections to MS4, to illicit discharges in
emergency situations, or continued failure of the
property owner to comply.
(g) Revocation of permit. Where the viola-
tion of this chapter provides a nuisance or poses a
hazard to public health, safety and welfare, and has
not previously been abated, the director may, upon
written notice, revoke any and all permits associ-
ated with the site. Service of a written notice of
revocation shall be in the same manner as service
of a notice and order. Revocation of a permit by the
director may be appealed within 10 working days
of service of written notice. The appeal must be in
accordance with POMC 15.30.150.
(3) Notice and Order.
(a) Contents. The director shall have author-
ity to issue to an owner or person responsible for a
violation of this chapter an order to maintain or
repair a component of a stormwater facility or
BMP to bring it into compliance with this chapter
or other city regulations, to remove any illicit con-
nection, to cease any illicit discharge, and to repair
or remediate any damages to the environment
caused by any such violation. The order shall
include the following:
(i) The order identification number or
permit number; and
(ii) The street address, when available,
and the tax parcel number of real property and/or
description of personal property sufficient for iden-
tification of where the violation occurred or is
located; and
(iii) A description of the specific nature,
extent and time of the violation and the damage
that has occurred or potential damage that reason-
ably might occur; and
(iv) A notice that the violation or the
potential violation cease and desist; and
(v) A statement of the corrective action
required to be taken. If the director has determined
that corrective work is required, the order shall
require that all required permits be secured, that
work physically be commenced, and that the work
be completed within such times as the director
determines are reasonable under the circum-
stances; and
(vi) A statement advising that if any
required work is not commenced or completed
within the times specified, the director may pro-
ceed to cause abatement of the violation and cause
the work to be done and charge the costs thereof as
a lien against the property and as a joint and sepa-
rate personal obligation of any person in violation;
and
(vii) Any requirements for monitoring,
analyses and reporting; and
(viii) A statement specifying the amount
of any civil penalty assessed as a result of the vio-
lation and, if applicable, the conditions on which
assessment of such civil penalty is contingent; and
(ix) An order to the owner to provide the
director a detailed plan showing drawings and
steps that will be taken to achieve compliance
within a specific time. The plan is subject to the
approval of the director; and
(x) A statement advising that the order
shall become final unless, no later than 10 working
days after the notice and order are served, any per-
son aggrieved by the order requests an appeal in
accordance with POMC 15.30.150.
(b) Service. Service of the notice and order
shall be made upon all persons identified in the
notice and order either personally or by mailing a
copy of such notice and order by certified mail,
postage prepaid, return receipt requested. If the
address of any such person cannot reasonably be
ascertained, a copy of the notice and order shall be
mailed to such person at the address of the location
of the violation. The failure of any such person to
receive such notice shall not affect the validity of
any proceedings taken under this chapter. Service
by certified mail in the manner provided in this sec-
tion shall be effective on the date of postmark. The
notice and order may be, but is not required to be,
posted on the subject property.
(c) Appeal. Persons to whom the notice and
order of the director is issued may appeal the same
within 10 working days of service. The appeal
must be in accordance with POMC 15.30.150.
(4) Civil Infraction. Conduct made unlawful by
this chapter shall constitute a class one civil infrac-
tion and is subject to enforcement and fines as pro-
vided in Chapter 2.64 POMC. Each day of
noncompliance with any of the provisions of this
chapter shall constitute a separate offense.
(a) In addition to any other available sanc-
tion or remedial procedure, any person engaging in
conduct made unlawful by this chapter shall be
subject to a civil penalty no greater than set by
POMC 2.64.030 per day for each violation from
15-18.9 (Revised 10/09)
15.30.150
the date set for compliance until the date of compli-
ance.
(b) Payment of a monetary penalty pursuant
to this chapter does not relieve the person of the
duty to correct the violation.
(c) All civil penalties recovered during the
enforcement of this chapter shall be deposited into
a fund which shall be used by the city for the pro-
tection of surface and stormwater or ground water
as set forth in this chapter, through education or
enhanced implementation.
(5) Criminal Prosecution. Any person violating
or failing to comply with any of the provisions of
this chapter shall be subject to criminal prosecution
and upon conviction, shall be guilty of a misde-
meanor for the first offense and a gross misde-
meanor for any subsequent offense occurring
within a five-year period. Each day of noncompli-
ance with any of the provisions of this chapter shall
constitute a separate offense.
(6) Recovery of Costs Incurred by the City. In
addition to any costs for enforcement under this
chapter, any person violating any of the provisions
of this chapter shall be liable to the city for any
expense, loss, or damage caused by such violation
or discharge, including but not limited to the costs
for bringing the city back into compliance with its
NPDES permit associated with any violation of
these regulations, and any fines levied for viola-
tions of the city's NPDES permit.
(7) Violations Deemed a Public Nuisance. Any
condition caused or permitted to exist in violation
of any of the provisions of this chapter is a threat to
public health, safety, and welfare, and is declared
and deemed a nuisance, and may be summarily
abated or restored at the violator's expense, and/or
a civil action to abate, enjoin, or otherwise compel
the cessation of such nuisance may be taken.
(8) Summary Abatement.
(a) Whenever any violation of this chapter
causes or creates a condition, the continued exist-
ence of which constitutes, in the opinion of the
director, an immediate threat to the public health,
safety or welfare or to the environment, the director
may summarily and without prior notice, at the cost
of the owner, abate the condition. Notice of such
abatement, including the reason for it, shall be
given to the person responsible for the violation as
soon as reasonably possible after the abatement.
(b) Within 15 days after abatement of the
violation, the owner of the property will be notified
of the cost of abatement, including labor and mate-
rials, legal expenses, administrative costs, and
interest to the extent such costs are known. Persons
to whom the assessment of costs of abatement is
issued may appeal the same within 10 working
days of service. The appeal must be in accordance
with POMC 15.30.150. If the amount due is not
paid within a timely manner as determined by the
decision of the city or by the expiration of the time
in which to file an appeal, the charges shall become
a special assessment against the property and shall
constitute a lien on the property for the amount of
the assessment.
(9) The owner shall pay the abatement costs in
not more than 12 equal payments. Such costs shall
accrue interest at the rate set by the city's finance
department per annum or the rate charged to the
city for obtaining the funds necessary to abate,
whichever interest is greater.
(10) Injunctive Relief. In addition to any other
remedy provided by this chapter or the Port
Orchard Municipal Code, the city may initiate
injunction or abatement proceedings or any other
appropriate action in courts against any person who
violates or fails to comply with any provision of
this chapter and/or to restore a condition which
existed prior to the violation. In any such proceed-
ing, the person violating and/or failing to comply
with any provisions of this chapter shall be liable
for the costs and reasonable attorneys' fees
incurred by the city in bringing, maintaining,
and/or prosecuting such action.
(11) Remedies Not Exclusive. The remedies
listed in this chapter are not exclusive of any other
remedies available under any applicable federal,
state, or local law and it is within the discretion of
the city to seek cumulative remedies. (Ord. 019-09
§ 15).
15.30.150 Appeals.
(1) The director's notice and order, revocation
of a permit, or assessment of costs of abatement
may be appealed to the city council by persons to
whom the notice and order, revocation of a permit,
or assessment of costs of abatement is issued. An
appeal shall be considered timely if, but only if, it
is filed in writing with the director within 10 work-
ing days of service, and the appeal fee adopted by
the city council is paid in full. In addition to the
appeal fee, if the director determines that the ser-
vices of an independent consultant are reasonably
(Revised 10/09) 15-18.10
Port Orchard Municipal Code
15.30.160
necessary in adjudicating the appeal, the appellant
shall make an initial cash deposit to pay for an
independent review as the same may be reasonably
required by the director. The initial deposit, which
is only an estimate of the consultant's costs, shall
be paid in advance of the hearing. If it is deter-
mined during any point in the appeal process that
the initial deposit is insufficient to cover all reason-
able consultant's costs, the appellant shall be
required to make an additional deposit in an
amount sufficient to cover the same. Any portion
of the deposit that is not used to cover all reason-
able consultant's costs shall be refunded to the
appellant. The amount of the deposit shall be at
least $500.00 but not more than $1,500, and it shall
be determined by the director based upon a good
faith estimate of permissible costs. The appellant
shall be given equal access to any report prepared
by the consultant.
(2) The director shall accept appeals that meet
the requirements of this section and shall schedule
such appeals for consideration by the city council.
The city council hearing shall be scheduled within
60 days after the appeal is accepted. The director
shall reject any appeal that fails to meet the filing
and submittal requirements of this section. The
appeal fee shall be refunded in the event the direc-
tor rejects the appeal or in the event that the appel-
lant files a statement with the director withdrawing
the appeal at least 15 calendar days before the
scheduled hearing. In all other cases, the appeal fee
shall be nonrefundable.
(3) The written appeal shall contain all of the
following information and attachments:
(a) A copy of the notice and order, revoca-
tion of a permit, or assessment of costs of abate-
ment being appealed;
(b) The name of the property owner and, if
applicable, the owner's agent;
(c) The name and signature of each appel-
lant and a statement showing that each is entitled to
file the appeal under subsection (1) of this section;
and
(d) A statement of appeal identifying each
issue in the notice and order or assessment of costs
of abatement that the appellant wishes to appeal,
the reasons why each issue is in error as a matter of
fact and/or law, and evidence relied upon.
(4) The city council, under its quasi-judicial
authority, shall hear the appeal in an open record
hearing. At least 10 business days before the hear-
ing, notice of the same shall be mailed to parties
who are entitled to notice of the decision. The
notice of hearing does not need to be posted or pub-
lished. The appeal shall be limited to those issues
raised in subsection (3)(d) of this section, and shall
be similar in format as other quasi-judicial matters
that may from time to time come before the city
council.
(5) At least 10 business days before the hearing,
the director and appellant shall each submit, as part
of the record, separate reports to the city council
containing a statement of the issues and applicable
laws, discussion and analysis, proposed findings of
fact and conclusions of law, and copies of any per-
tinent document referenced therein. The burden
shall be on the city to support the order of the direc-
tor by a preponderance of the evidence. Reports, if
any, prepared by the independent consultant refer-
enced in subsection (1) of this section shall be part
of the record. The city council shall decide as fol-
lows, based upon the record made during the
course of the public hearing:
(a) Uphold the order, revocation, or assess-
ment of costs of abatement of the director in its
entirety; or
(b) Uphold the order, revocation, or assess-
ment of costs of abatement of the director in part
and reverse the order, revocation, or assessment of
costs of abatement in part; or
(c) Reverse the order, revocation, or assess-
ment of costs of abatement of the director in its
entirety.
(6) The city council shall issue a final decision
on the appeal supported by written findings and
conclusions within 10 business days of the hearing.
The decision shall also include venue information
and limitations on filing judicial appeal(s) of the
decision. The director shall serve a copy of the
final decision to the appellant and other parties of
record. Service shall be in the same manner as set
forth in POW 15.30.140(3)(b). (Ord. 019-09
§ 16).
15.30.160 Records retention.
If the discharge of prohibited materials ema-
nates from a commercial or industrial establish-
ment, the owner or operator of such establishment
shall retain an on -site written record of the dis-
charge and the actions taken to prevent its occur-
rence. Such records shall be kept and maintained
on a permanent basis from the effective date of the
15-18.11 (Revised 10/09)
15.30.170
ordinance codified in this chapter. The record shall
includes books, documents, memoranda, reports,
and correspondence relating to any operation,
maintenance, monitoring, sampling, and chemical
analysis associated with the discharge and all
records which pertain to matters which are the sub-
ject of any enforcement or litigation activities
brought by the director pursuant to this chapter.
Copies of any or all records shall be provided to the
director upon his request. (Ord. 019-09 § 17).
15.30.170 Construction — Intent.
This chapter is enacted as an exercise of the
city's power to protect and preserve public health,
safety, and welfare. Its provisions shall be liberally
construed to give full effect to the objectives and
purposes for which it was enacted. This chapter is
not enacted to create or otherwise establish or des-
ignate any particular class or group of persons who
will, or should be, especially protected or benefited
by the terms of this chapter. The primary obligation
of compliance with this chapter is placed upon the
person holding title to the property. Nothing con-
tained in this chapter is intended to be, or shall be,
construed to create or form a basis for liability for
the city, its officers, employees or agents for any
injury or damage resulting from the failure of the
person holding title to the property (owner of
record) to comply with the provisions of this chap-
ter, or by reason or in consequence of any act or
omission, to act in connection with the implemen-
tation or enforcement of this chapter by the city, its
officers, employees, or agents. (Ord. 019-09 § 18).
(Revised 10/09) 15-18.12
Title 16
LAND USE REGULATORY CODE*
(Reserved)
Code reviser's note: Title 16 is currently available only as a PDF at:
http://www. codepublishing.com/WA/PortOrchard/html/pdfs/PortOrchard l6.pdf.
16-1 (Revised 10/09)
Title 18
ZONING AND DEVELOPMENT*
(Reserved)
Code reviser's note: Title 18 is currently available only as a PDF at:
http://www. codepublishing.com/WA/PortOrchard/html/pdfs/PortOrchard l 8.pdf.
18-1 (Revised 10/09)
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 10/09)
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
lE. 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.
Ord. 003-09 Sidney Avenue:
That portion of Sidney Avenue right-of-way lying southwesterly of the southwesterly right-
of-way line of State Route 16 and easterly of the following described line:
Commencing at the west quarter of said Section 2; thence south along the west line of said
southwest quarter to its intersection with the southwesterly right-of-way line of said State
Route 16; thence southeasterly along said southwesterly right-of-way line to a point of 60
feet east of and perpendicular to the west line of said southwest quarter, the point of
beginning; thence south, parallel with and 60 feet easterly of said west line, to a point
opposite Highway Engineers Station A14-35+16.40 on the A14 Line Survey of State
Highway No. 16, Olympic Drive to Tremont Street, the point of termination.
(Revised 10/09) A-14
Port Orchard Municipal Code
Ordinance Table
1125A Amends § 10.64.140, parking (Repealed by
1156
Amends Ord. 1143, parking time limit on
1152)
DeKalb Street (Repealed by 1391)
1126
Rezone (Special)
1157
Amends § 10 of Ord. 1152, increase in
1127
Cumulative reserve fund for municipal fa-
speed limit (10.08)
cilities (3.44)
1158
Requires commercial enterprises to con-
t 128
Amends Ord. 1125 § 2, criminal code (Re-
struct frontage roads (Repealed by 1422)
pealed by 1565)
1159
Rezone (Special)
1129
Amends §§ 2.20.010, 2.24.020 and
tt60
Amends § 7.08.060, redemption of dogs
2.26.020, commission or board residency
(Repealed by 1607)
requirements (2.20, 2.26)
1161
Creates Chapter 9.53, incarceration and de-
tt30
Amends § 12.08.010, street vacations
tention (9.53)
(12.08)
1162
Rezone (Special)
1131
Amends § 10.64.110, parking (Repealed by
1163
Amends comprehensive zoning plan (Re-
1152)
pealed by 1469)
1132
Amends Ord. 1067, annexation (Special)
1164
Amends § 8 of Ord. 1047 and § 5 of Ord.
1133
Amends § 7.04.1.05, animals (Repealed by
1054, parking meters (Repealed by 1391)
1.607)
1165
Councilmen's salaries (Special)
1134
Appropriation (Special)
1166
Amends § 10.12.020, prohibited parking
1135
Mileage allowance for city employees (Re-
(Repealed by 1391)
pealed by 1664)
1167
Amends § 10.08.010, decreased speed lim-
1136
Appropriation (Special)
its (10.08)
1137
Amends 1980 federal shared revenue fund
1168
Rezone (Special)
budget (Special)
1169
Rezone (Special)
1138
Special election for tax levy (Special)
1170
Amends Ord. 1084, weight limits on certain
1139
Adds § 10.64.160, parking (Not codified)
streets (10.62)
1140
Appropriation (Special)
1171
Privately owned alarm systems (Repealed
1141
Adds Ch. 15.28, fire hydrants; repeals Ord.
by 1797)
999 §§ 1 through 13 (Repealed by 1699)
1172
Amends § 10.08.020, increased speed lim-
1142
1981 ad valorem taxes (Special)
its (10.08)
1143
Adds § 10.64.170, parking (Repealed by
1173
Employee salary schedule (Special)
1391)
1174
Rezone (Special)
1144
Amends § 10.64.130, parking (Repealed by
1175
Appropriations (Special)
1152)
1175A Rezone (Special)
1145
Rezone (Repealed by 1151)
1176
Amends § 2.28.040, holidays (Repealed by
1146
Rezone (Special)
1467)
1147
Rezone (Special)
1177
1982 ad valorem taxes (Special)
1148
Rezone (Special)
1178
(Number not used)
1149
Rezone (Special)
1179
Amends § 10.68.040, parking space mark-
1150
Repeals §§ 9.16.010, 9.16.020, 9.16.030
ings (Repealed by 1391)
and 9.16.040 (Repealer)
1180
Telephone utility business and occupation
1151
Rezone; repeals Ord. 1145 (Special)
tax; repeals Ords. 703 and 961(Repealed by
1152
Adopts Model Traffic Ordinance; repeals
1769)
Ords. 637, 694, 707, 775, 776 § 1, 778, 783,
1181
(Not codified)
805, 819 § 1, 840, 882, 885 § 1, 931, 943,
1182
Annexation (Special)
975, 1001, 1005, 1058, 1063, 1064, 1066,
1183
Budget for 1982 (Special)
1069, 1078, 1094, 1109, 1118, 1125 and
1184
Establishes municipal court; repeals Ord.
1131 (10.08)
1121 (2.52)
1153
Budget and tax levy for 1981 (Special)
1185
Budget amendment (Special)
1154
Appropriation (Special)
1186
Transient occupancy excise tax (Repealed
1155
Emergency medical services six -year spe-
by 1754)
cial levy fund (Repealed by Ord. 1880)
1187
Appropriation (Special)
B-17 (Revised 10/09)
Ordinance Table
1188 Rezone (Special)
1189 Adds § 2 to Ord. 1105, water rates (Re-
pealed by 1456)
1190 Amends § 13.08.300, sewers (Repealed by
1456)
1191 1982 employee salary schedule (Special)
1192 Street vacation (Tables)
1193 Repeals Ch. 6.08 (Repealer)
1194 Amends Ord. 899, zoning (Repealed by
1469)
1195 Rezone (Special)
1196 Amends §§ 5.04.050 and 5.04.060, electric
light business and occupation tax (5.04)
1197 Amends § 5.08.030, telephone business and
occupation tax (Repealed by 1769)
1198 Amends § 13.04.010, water rates (Repealed
by 1456)
1199 Adds § § 5.80.060 and 5.80.070; amends § §
5.80.020 and 5.80.030; sales or use tax
(5.80)
1200 Amends § 9.16.050, unlawful issuance of
bank check (Repealed by 1565)
1201 Rezone (Special)
1202 Amends §§ 6.04.100, 6.04.110, 6.04.120
and 6.04.125, garbage (Repealed by 1711,
1725)
1203 Amends § 9.36.130, weapons (Repealed by
1565)
1204 Rezone (Special)
1205 Number not used
1206 Adds § 9.32.070 and amends § 9.32.050,
minors and intoxicating liquor (Repealed
by 1565)
1207 Adds Ch. 11.04, vehicle operation (11.04)
1208 Real estate excise tax (Repealed by 1515)
1209 Amends § 9.16.010, assault (Repealed by
1565)
1210 Renumbers § 9.16.050 to 9.28.090, unlaw-
ful issuance of bank check (Repealed by
1565)
1211 Alley vacation (Tables)
1212 Hazardous materials emergency assistance
agreements (Repealed by 1712)
1213 1983 ad valorem taxes (Special)
1214 Amends comprehensive zoning plan (Re-
pealed by 1469)
1215 Alley vacation (Tables)
1216 Amends § 15.04.010 and amends Uniform
Building Code (Repealed by 1677)
1217 Amends § 15.08.020, plumbing code (Re-
pealed by 1343, 1679)
1218 Amends § 15.12.010, fire code (Repealed
by 1557, 1678)
1219 Treasurer's trust and agency fund; repeals
Ch. 3.12 (3.12)
1220 Waterworks utility improvement plan (Spe-
cial)
1221 Budget for 1983 (Special)
1222 1983 salary schedule (Special)
1223 Amends § 2.08.010, appointive officers
(2.08)
1224 Amends 1982 budget (Special)
1225 Special initiative procedure; repeals §
5.80.060, sales or use tax (5.81)
1226 Amends §§ 5.56.230 and 5.56.240, taxicabs
(Repealed by 1777)
1227 Amends Ord. 1181, housing authority (Not
codified)
1228 Amends § 5.56.230, taxicabs (Repealed by
1777)
1229 Amends § 10.08.020, speed limits (10.08)
1230 Amends § 10.08.020, speed limits (10.08)
1231 Additions to waterworks utility; establishes
utility LID No. 1 (Special)
1232 Amends § 2.04.220, council meetings
(2.04)
1233 Amends § 5.60.040, safe and sane fire-
works (Repealed by 1706)
1234 Rezone (Special)
1235 Amends § 5.56.020, taxicabs (Repealed by
1777)
1236 Annexation (Repealed by 1815)
1239 Alley vacation (Tables)
1240 Additional section of RCW adopted by ref-
erence (Repealed by 1565)
1241 Unlawful operation of motor vehicle by ha-
bitual offender (Repealed by 1565)
1242 Amends §§ 9.02.040 and 9.04.070, public
peace, morals and safety (Repealed by
1565)
1243 Rezone (Special)
1244 Ad valorem taxes (Special)
1245 Additional section of RCW adopted by ref-
erence (Repealed by 1565)
1246 Driving alone on instruction permit (Re-
pealed by 1565)
1247 Amends §§ 9.12.010 and 9.36.120, public
peace, morals and safety, and §§ 10.20.010
and 10.20.030, vehicles and traffic (Re-
pealed by 1523)
1248 (Not passed)
1249 Assessment roll for LID No. 1 (Special)
(Revised 10/09) B-18
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 10/09)
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
(Repealed by 046-07)
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 10/09) B-22
Port Orchard Municipal Code
Ordinance Table
1521
Giving false information regarding pur-
1556
Uniform Plumbing Code; repeals Ord. 1451
chase or licensing of firearms (Repealed by
(Repealed by 1727)
1565)
1557
Repeals and replaces § 15.12.010; repeals
1522
Fines for parking infractions (Repealed by
Ord. 1452 Uniform Fire Code (Repealed by
1650)
1638)
1523
Repeals Ord. 1247 (Repealer)
1558
Annexation (Special)
1524
Compensation for city council members
1559
Rezone (Special)
(2.60)
1560
Rezone (Special)
1525
Rezone (Special)
1561
Approves preliminary plat (Special)
1526
Amends city employee salary schedule
1562
1993 ad valorem taxes (Special)
(Special)
1563
Budget and tax levy for 1993 (Special)
1527
Amends Ord. 1524, compensation for city
1564
Amends city employee salary schedule
council members (2.60)
(Special)
1528
Annexation (Special)
1565
Adds §§ 1.04.020, penalty for violations,
1529
1992 ad valorem taxes (Special)
9.02.010 - 9.02.060, 9.04.010, 9.04.015,
1530
Street vacation (Tables)
9.04.020 - 9.04.100, 9.04.105, 9.04.110 -
1531
Street vacation (Tables)
9.04.230, 9.08.010 - 9.08.130, 9.10.010 -
1532
(Rescinded)
9.10.080, 9.12.010 - 9.12.100, 9.14.010 -
1533
Amends Ord. 1527, compensation for city
9.14.100, 9.16.010 - 9.16.070, 9.18.010 -
council members (2.60)
9.18.080, 9.20.010 - 9.20.080, 9.24.010 -
1534
Budget and tax levy for 1992 (Special)
9.24.050, 9.26.010 - 9.26.090, 9.28.010 -
1535
Amends Ord. 1135, mileage allowance for
9.28.180, 9.32.010 - 9.32.050, 9.34.010 -
city employees (Repealed by 1664)
9.34.060, 9.36.010, 9.36.030, 9.36.040,
1536
Appropriation (Special)
9.36.045, 9.36.050 - 9.36.120, 9.36.125,
1537
Rezone (Special)
9.36.130 - 9.36.150, 9.36.155, 9.36.160,
1538
Rezone (Special)
9.36.165, 9.36.170, criminal code,
1539
Zones certain property (Special)
10.04.010 - 10.04.020 model traffic ordi-
1540
Repeals § 16 of Ord. 1493 (Repealer)
nance, 10.88.010 - 10.88.030, boating,
1541
Amends §§ 5.3, 5.6, 5.7 and 5.8 of Ord.
10.92.010 - 10.92.080, junk vehicles; re-
1469, zoning (Repealed by 1574)
peals § 2 of Ord. 754, §§ 1 - 4 of 808, § 2
1542
Permit system for city RV park (10.96)
of Ord. 1125, § 1 of Ord. 1128, §§ 1 - 3 of
1543
Annexation (Special)
Ord. 1152, § 1 of Ord. 1200, § 1 of Ord.
1544
Annexation (Special)
1203, §§ 1, 2 of Ord. 1206, §§ 1, 2 of Ord.
1545
Rescinds zone classification; repeals Ord.
1209, § 1 of Ord. 1210, § 1 of Ord. 1240, §
1470 (Repealer)
1 of Ord. 1241, §§ 1, 2 of Ord. 1242, § 1 of
1546
Approves preliminary plat (Special)
Ord. 1245, § 1 of Ord. 1246, § § 1- 5 of Ord.
1547
Vacation of sewer easement (Special)
1292, § 1 of Ord. 1324, §§ 1 - 5 of Ord.
1548
Rescinds zone classification; repeals Ords.
1338, §§ 1, 2 of Ord. 1353, § 1 of Ord.1354,
1306 and 1426 (Repealer)
§§ 1, 2 of Ord. 1373, § 1 of Ord. 1394, § 1
1549
Water and sewers; repeals Ord. 1493 (Re-
of Ord. 1398, §§ 1 - 4 of Ord. 1430, §§ 2 -
pealed by 1608)
4 of Ord. 1507, § 1 of Ord. 1520, § 1 of Ord.
1550
Amends § 10.04.015, Model Traffic Ordi-
1521, § 1 of Ord. 1550 (Repealed by 1606)
nance (Repealed 1565)
1566
Amends § 2.20.010, planning commission,
1551
Annexation (Special)
§ 2.24.010, park commission, § 2.26.020,
1552
Amends § 12 of Ord. 1288, environmental-
library (2.20, 2.26)
ly critical areas (Repealed by 1568)
1567
Licensing of temporary vendors; repeals
1553
Authorizes election for tax levy (Special)
Ord. 1460 (5.96)
1554
Authorizes closure and transfer of local im-
1568
Repeals and replaces Ch. 14.04, state envi-
provement guaranty fund (Special)
ronmental policy act (Repealed by 1774)
1555
Uniform Building Code; repeals Ords. 1450
1569
Commute trip reduction program (Repealed
and 1495 (Repealed by 1636)
by 1760)
B-23
(Revised 10/09)
Ordinance Table
1570 Establishes civil service commission, re-
peals Ords. 736 and 1309 (Repealed by
1704)
1571 Rezone (Special)
1572 Rezone (Special)
1573 Adds § 2.52.030, municipal court (Re-
pealed by 1765)
1574 Amends §§ 5.3 (A,1), 5.6 (B,6), 5.7 (B,5)
and 5.8 of Ord. 1469 and repeals Ord. 1541,
zoning (Repealed by 1748)
1575 Adds definitions to Ch. 4 and amends § § 5.5
and 5.7 of Ord. 1469, zoning (Repealed by
1748)
1576 Approves preliminary plat (Special)
1577 Amends Ord. 926 business and occupation
tax (5.78)
1578 Annexation (Special)
1579 Rezone (Special)
1580 Approves preliminary plat (Special)
1581 Rezone (Special)
1582 Approves preliminary plat (Special)
1583 Street vacation (Tables)
1584 Dedication of public right-of-way (Special)
1585 Amends § 5.60.050, exploding fireworks
(Invalid)
1586 Approves revised site plan for South Kitsap
Health Care Campus (Special)
1587 Amends § 1 of Ord. 1385, road and storm -
water improvements (Repealed by 1852)
1588 Amends Ords. 1035 and 1496, rezone (Spe-
cial)
1589 Street vacation (Special)
1590 Repeals and replaces Ord. 1463, activities
on city owned piers and docks (Repealed by
1631)
1591 Adopts RCW 47.50, highway access man-
agement (10.16)
1592 Abatement of nuisances (Repealed by
1630)
1593 Amends Ords. 1527 and 1533, rate of com-
pensation for city council members (2.60)
1594 Amends Ord. 1469, zoning (Special)
1595 Ad valorem taxes (Special)
1596 Budget and tax levy for 1994 (Special)
1597 Rezone (Special)
1598 Budget amendment (Special)
1599 Amends Ord. 1564, salary schedule (Spe-
cial)
1600 Amends Ord. 1537, rezone (Repealed by
1817)
1601 Amends Ord. 1538, rezone (Special)
1602 (Not used)
1603 Street vacation (Tables)
1604 Amends Ord. 1586, revised site plan for
South Kitsap Health Care Campus (Special)
1605 Adopts Washington model traffic ordi-
nance; repeals Ord. 1565 (10.04)
1606 Repeals and replaces §§ 1.04.020, 9.02.010
— 9.02.070, 9.04.010, 9.08.010 — 9.08.130,
9.10.010 — 9.10.080, 9.12.010 — 9.12.090,
9.14.010 — 9.14.090, 9.16.010 — 9.16.070,
9.18.010 — 9.18.080, 9.20.010 — 9.20.080,
9.24.010 — 9.24.050, 9.26.010 — 9.26.090,
9.28.010 — 9.28.180, 9.32.010 — 9.32.050,
9.34.010 — 9.34.060, 9.36.010, 9.36.020,
9.36.130, 10.88.010— 10.88.030,10.92.010
— 10.92.070, public peace, safety and mor-
als (Repealed by 1724)
1607 Repeals and replaces Chs. 7.04, 7.08 and
7.12, animals (Repealed by 1750)
1608 Repeals and replaces Ch. 13.04, water and
sewers; repeals Ord. 1549 (Repealed by
1610)
1609 Amends Ord. 1604, revised site plan for
South Kitsap Health Care Campus (Special)
1610 Water and sewers; repeals Ord. 1608 (Re-
pealed by 1663)
1611 Amends Ord. 1469, rezone (Special)
1612 Approves preliminary plat (Special)
1613 Amends Ord. 1469, rezone (Special)
1614 Code enforcement officer (Repealed by
1731)
1615 Repeals and replaces Title 17, mobile home
parks; repeals Ord. 1335 (Repealed by
1700)
1616 Amends Ord. 1469, rezone (Special)
1617 Approves preliminary plat (Special)
1618 Amends Ord. 1469, rezone (Special)
1619 Subdivisions; repeals Ords. 951 and 1362
(Repealed by 1702)
1620 Amends § I and J of Ord.1592, abatement
of nuisances (Repealed by 1630)
1621 Amends Chs. 14, 15(A) and 15(B) of Ord.
1469, buildings and construction (Repealed
by 1748)
1622 Animal control appeal board (2.68)
1623 Ad valorem taxes (Special)
1624 Budget and tax levy for 1995 (Special)
(Revised 10/09) B-24
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 (Re-
pealed by 046-07)
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 10/09)
Ordinance Table
1687 Amends Ord. 1469, rezone (Special)
1688 Amends Ord. 1469, rezone (Special)
1689 Amends Ord. 1469, rezone (Special)
1690 1998 tax levy (Special)
1691 Annexation (Special)
1692 1998 budget and tax levy (Special)
1693 Amends Ord. 1689, rezone (Special)
1694 Amends Ord. 1669, salary schedules (Spe-
cial)
1695 Repeals Ord. 1286 (Repealer)
1696 Amends 1997 budget (Special)
1697 Fire authority (2.12)
1698 Fire code; repeals Ords. 1111, 1278, 1638
and 1678 (Repealed by 1726)
1699 Fire hydrant installation; repeals Ords.
1141 and 1275 (15.28)
1700 Mobile home parks; repeals Ord. 1615
(17.04)
1701 Business licenses; repeals Ord. 1665 (5.12)
1702 Subdivisions; repeals Ord. 1619 (Repealed
by 046-07)
1703 Building code; repeals Ord. 1636 (15.04)
1704 Civil service commission; repeals Ord.
1570 (2.30)
1705 Fire lanes; repeals Ord. 1325 (10.60)
1706 Fireworks; repeals Ords. 692, 878 and 1233
(5.60)
1707 Water and sewers; repeals Ord. 1683 (Re-
pealed by 1745)
1708 Smoking in city workplaces (Repealed by
002-07)
1709 Repeals Ord. 849 (Repealer)
1710 Repeals Ords. 372, 614, 822, 921 and 974
(Repealer)
1711 Burning rubbish; repeals Ord. 1202 (6.04)
1712 Hazardous material incident command
agency; repeals Ord. 1212 (2.14)
1713 Hazardous materials facility warning sys-
tem; repeals Ord. 1443 (15.48)
1714 Amends Ord. 1693, rezone (Special)
1715 Special election for emergency services
levy (Special)
1716 Parking violators (10.76)
1717 Amends Ord. 1652, preliminary plat (Spe-
cial)
1718 Amends Ord. 1632, preliminary plat (Spe-
cial)
1719 Amends Ord. 1635, preliminary plat (Spe-
cial)
1720 Amends § 12 of Ord. 1650, parking (10.12)
1721 Special election for emergency services
levy (Special)
1722 Special election for emergency services
levy (Special)
1723 Pawnbrokers; repeals Ord. 524 (5.40)
1724 Repeals and replaces §§ 1.04.020, 9.02.010
— 9.02.070, 9.04.010, 9.08.010 — 9.08.130,
9.10.010 — 9.10.080, 9.12.010 — 9.12.090,
9.14.010 — 9.14.090, 9.16.010 — 9.16.080,
9.18.010 — 9.18.090, 9.20.010 — 9.20.080,
9.24.010 — 9.24.060, 9.26.010 — 9.26.090,
9.28.010 — 9.28.180, 9.30.010 — 9.30.100,
9.32.010 — 9.32.050, 9.34.010 — 9.34.060,
9.36.010 — 9.36.030, 10.88.010 —
10.88.030, 10.92.010 — 10.92.070, public
peace, safety and morals (1.04, 9.02, 9.04,
9.08, 9.10, 9.12, 9.14, 9.16, 9.18, 9.20, 9.24,
9.28, 9.30, 9.32, 9.34, 9.36, 10.88, 10.92)
1725 Garbage and refuse; repeals Ords. 647, 847,
849, 867, 891, 912 and 1202 (6.04)
1726 Fire prevention code; repeals Ord. 1698
(15.12)
1727 Plumbing code; repeals Ord. 1556 (15.08)
1728 Energy code and ventilation and indoor air
quality code; repeals Ord. 1637 (15.44)
1729 Building code; repeals Ord. 1636 (15.04)
1730 (Voided)
1731 Code enforcement officer; repeals Ord.
1614 (Repealed by 1743)
1732 Registration of bonds, obligations; repeals
Ord. 1265 (3.84)
1733 Bond issuance (Special)
1734 Repeals Ord. 1655 (Repealer)
1735 Amends § 15.04.010; repeals Ord. 1703,
building code (15.04)
1736 Stormwater management; repeals Ord.
1098 (Repealed by 1845)
1737 Amends Ord. 1609, revised site plan for the
South Kitsap Health Care Campus (Special)
1738 Amends Ord. 1635, preliminary plat of
Rockport subdivision (Special)
1739 Amends Ord.1632, preliminary plat of Aid -
an Place subdivision (Special)
1740 Vacations and leaves of absence; repeals
Ord. 1467 (2.28)
1741 Signs; repeals Ord. 607 (Repealed by 1762)
1742 1999 tax levy (Special)
1743 Code enforcement officer; repeals Ord.
1731 (Repealed by 1749)
1744 Amends Ord. 1694, salary schedules (Spe-
cial)
(Revised 10/09) B-26
Port Orchard Municipal Code
Ordinance Table
1745 Water and sewers; repeals Ord. 1707 (Re-
pealed by 1768)
1746 Right-of-way vacation (Tables)
1747 Adopts 1999 budget; tax levy (Special)
1748 Zoning; repeals Ords. 1469, 1508, 1509,
1514, 1516, 1574, 1575, 1621, 1649 and
1667 (Repealed by 046-07)
1749 Code enforcement officer; repeals Ord.
1743 (Repealed by 1844)
1750 Animals; repeals Ord. 1607 (7.01, 7.04,
7.06, 7.08, 7.12, 7.16, 7.20, 7.22, 7.26,
7.30)
1751 Budgetary transfer (Special)
1752 Unlawful bus conduct (9.24)
1753 Alley vacation (Tables)
1754 Transient occupancy tax; repeals Ord. 1186
(3.18)
1755 Amends Ord. 1717, preliminary plat of
Golden Pond subdivision (Special)
1756 Amends Ord.1718, preliminary plat of Aid -
an Place subdivision (Special)
1757 Amends Ord. 1719, preliminary plat of
Rockport subdivision (Special)
1758 Amends Ords. 1635 and 1738, preliminary
plat of Rockport subdivision (Special)
1759 Amends Ords. 1632 and 1739, preliminary
plat of Aidan Place subdivision (Special)
1760 Commute trip reduction; repeals Ord. 1569
(10.86)
1761 (Number not used)
1762 Signs; repeals Ord. 1741 (Repealed by
1924)
1763 Funds transfer (Special)
1764 City office business hours (2.50)
1765 Repeals Ord. 1573 (Repealer)
1766 Amends Ords.1181 and 1127, joint housing
authority (Not codified)
1767 Fire sprinkler systems (Repealed by 1803)
1768 Water and sewers; repeals Ord. 1745 (Re-
pealed by 1778)
1769 Telephone utility business and occupation
tax; repeals Ords. 1180 and 1197 (5.08)
1770 (Vetoed)
1771 City -owned pier and dock activity; repeals
Ord. 1631 (9.46)
1772 Subdivision approval (Special)
1773 Snow route; repeals Ords. 796 and 836
(10.66)
1774 Environmental policy; repeals Ord. 1568
(14.04)
1775 2000 tax levy (Special)
1776 Applying tattoos to a minor (9.32)
1777 Taxicabs; repeals Ords. 507, 781, 881,
1226, 1228 and 1235 (5.56)
1778 Water and sewers; repeals Ord. 1768 (Re-
pealed by 1799)
1779 Amends Ord.1733, bond issuance (Special)
1780 City Hall facilities use (2.74)
1781 Amends §§ 15.36.030 and 15.36.080, mo-
bile home installation and inspection fees
(15.36)
1782 Salary schedules (Special)
1783 Adopts 2000 budget (Special)
1784 Critical areas (Not codified)
1785 Zoning; repeals Part Cl, Section 4(c) of
Ord. 1748 (Repealed by 046-07)
1786 Investigation funding (3.88)
1787 Bond issuance (Repealed by 1921)
1788 (Withdrawn by council action)
1789 Amends 1999 budget (Special)
1790 Gambling regulations; repeals Ord. 1086
(5.28)
1791 Street vacation (Tables)
1792 Approves Flower Meadows subdivision
(Special)
1793 Rezone (Special)
1794 Rezone (Special)
1795 Rezone (Special)
1796 (Number not used)
1797 Alarm systems; repeals Ord. 1171 (9.22)
1798 Vehicle impoundment; repeals Ord. 1409
(Repealed by 1804)
1799 Water and sewers; repeals Ord. 1778
(13.04)
1800 Street vacation (Tables)
1801 2001 tax levy (Special)
1802 Amends § 9.24.050(1)(h), nuisances (Re-
pealed by 1824)
1803 Fire sprinklers; repeals Ord. 1767 (15.14)
1804 Vehicle impoundment; repeals Ord. 1798
(10.72)
1805 Amends comprehensive plan (Special)
1806 Amends comprehensive plan (Special)
1807 Amends comprehensive plan (Special)
1808 Amends comprehensive plan (Special)
1809 Amends comprehensive plan (Special)
1810 Amends comprehensive plan (Special)
1811 Adopts 2001 budget (Special)
1812 Readopts fees in Ords. 1769, 1775, 1777,
1778, 1780, 1781 and 1786 (Not codified)
1813 Amends Ord. 1782, salary schedules (Spe-
cial)
B-27 (Revised 10/09)
Ordinance Table
1814 Amends 2000 budget (Special)
1815 Annexation; repeals Ord. 1236 (Special)
1816 Annexation (Special)
1817 Amends Ords. 1537, 1652, 1792 and 1794;
repeals Ord. 1600, rezone (Special)
1818 Adds §§ 9.18.065, 9.18.075, 9.18.085,
9.18.095 and 9.18.100 — 9.18.160; amends
§ 9.18.020; repeals §§ 9.18.070 and
9.18.080, violation of court orders (9.18)
1819 Annexation (Special)
1820 Amends preliminary planned unit develop-
ment approval (Special)
1821 Zone reclassification (Special)
1822 Moratorium on certain gambling activities
(Repealed by 1825)
1823 Special election for fire district annexation
(Special)
1824 Amends § 9.24.050; repeals Ord. 1802,
public disturbance noises (Repealed by
1937)
1825 Adds § 5.28.025; repeals Ord. 1822, gam-
bling (5.28)
1826 Street vacation (Tables)
1827 (Number not used)
1828 Tow companies (5.97)
1829 Amends §§ 2.30.010 and 2.30.020, civil
service commission (2.30)
1830 Amends § 2.08.010, appointive officers
(2.08)
1831 Amends §§ 2.08.020 and 2.08.030, city at-
torney (2.08)
1832 Repeals Ch. 5.92 (Repealer)
1833 Repeals Ch. 2.24 (Repealer)
1834 Repeals Ch. 5.24 (Repealer)
1835 Amends § 9.30.020, nuisances (9.30)
1836 2002 tax levy (Special)
1837 Amends comprehensive plan (Special)
1838 Amends comprehensive plan (Special)
1839 Amends § 9.22.030, alarm systems (9.22)
1840 Amends Ord. 1813, salary schedules (Spe-
cial)
1841 Adopts 2002 budget (Special)
1842 Amends 2001 budget (Special)
1843 (Vetoed)
1844 Amends Ch. 2.64, code enforcement offic-
er; repeals Ord. 1749 (2.64)
1845 Amends Ch. 15.32, stormwater manage-
ment; repeals Ord. 1736 (15.32)
1846 Zoning; amends Section 11 of Ord. 1748
(Not codified)
1847 Street vacation (Tables)
1848 Wastewater treatment facility expansion
fund (Not codified)
1849 Amends 2002 budget (Special)
1850 Amends Ords. 1632, 1739 and 1759, pre-
liminary plat of Aidan Place subdivision
(Special)
1851 Amends Ords. 1635, 1738 and 1758, pre-
liminary plat of Rockport subdivision (Spe-
cial)
1852 Road and stormwater improvements; re-
peals Ords. 1385 and 1587 (Special)
1853 Street vacation (Tables)
1854 Amends § 3.08.010, advance travel expense
revolving fund (3.08)
1855 Adds § 17.04.105; amends §§ 17.04.030 —
17.04.070, mobile home parks (17.04)
1856 Amends § 5.32.070, circuses and carnivals
(5.32)
1857 Adds § 5.78.030, garbage utility business
and occupation tax (5.78)
1858 Zone reclassification (Special)
1859 Amends Ord. 1748, zoning (Repealed by
046-07)
1860 Amends Ord. 1748, zoning (Repealed by
046-07)
1861 Amends § 10.12.170, parking, standing and
stopping (10.12)
1862 Parking of commercial vehicles (10.13)
1863 Amends §§ 5.12.080(1) and 5.12.090, busi-
ness licenses (5.12)
1864 Amends § 15.08.010, plumbing code
(15.08)
1865 Amends § 15.44.010, energy code and ven-
tilation and indoor air quality code (15.44)
1866 Adds § § 7.12.100 and 7.12.110, animal li-
censes (7.12)
1867 Repeals Ch. 2.70, health district (Repealer)
1868 Amends §§ 5.96.010 and 5.96.040(3)(b),
temporary vendors (5.96)
1869 Adds § § 9.46.005 and 9.46.060 — 9.46.100,
city -owned docks and piers (9.46)
1870 Street vacation (Tables)
1871 Adds § 5.12.030(9), business licenses
(5.12)
1872 Amends §§ 5.56.040, 5.56.050 and
5.56.080, taxicabs (5.56)
1873 Amends § 2.60.040, compensation for city
council members (2.60)
1874 2003 tax levy (Special)
1875 Adds § 10.88.015; amends § 10.88.010,
boating provisions (10.88)
(Revised 10/09) B-28
Port Orchard Municipal Code
Ordinance Table
1876
Zoning; amends Part B3, general services
1904
Amends § 10.12.270(l)(b), parking (10.12)
land use table of Ord. 1748 (Repealed by
1905
Rezone (Special)
046-07)
1906
Bond issuance (Special)
1877
Amends Ord. 1840, salary schedules (Re-
1907
Amends § 9.30.020, sidewalk and driveway
pealed by 1922)
drainage (Repealed by 1948)
1878
Adopts 2003 budget (Special)
1908
Rezone (Special)
1879
Rezone (Special)
1909
(Number not used)
1880
Repeals Ch. 3.48, emergency medical ser-
1910
Amends §§ 16.04.180, 16.04.190,
vices six -year special levy fund-1980 (Re-
16.04.200, 16.04.210, 16.04.220,
pealer)
16.04.230 and 16.04.240, subdivisions (Re-
1881
Amends 2002 budget (Special)
pealed by 046-07)
1882
Amends comprehensive plan map (Special)
1911
Amends Ord. 1653, rezone (Special)
1883
Rezone (Special)
1912
Alley vacation (Tables)
1884
Amends comprehensive plan map (Special)
1913
Rezone (Special)
1885
Amends comprehensive plan map (Special)
1914
Annexation (Special)
1886
Amends comprehensive plan (Special)
1915
Amends §§ 10.72.030, 10.72.035 and
1887
Amends comprehensive plan map (Special)
10.72.040, impounded vehicles (10.72)
1888
Rezone (Special)
1916
Amends Ord. 1748, zoning (Not codified)
1889
Amends comprehensive plan map (Special)
1917
Amends Ord. 1748, zoning (Not codified)
1890
Adds §§ 9.08.140, 9.12.005, 9.12.100,
1918
2004 tax levy (Special)
9.12.110, 9.12.120, 9.12.130, 9.16.090,
1919
Amends 2003 budget (Special)
9.20.090, 9.26.100, 9.32.070, 9.32.080 and
1920
Adopts 2004 budget (Special)
9.32.090; amends §§ 9.08.060, 9.12.050,
1921
Repeals Ord. 1787, bond fund (Repealer)
9.12.090, 9.16.030, 9.16.050, 9.16.060,
1922
Salary schedules; repeals Ord. 1877 (Re-
9.18.020, 9.24.060, 9.28.010, 9.28.060,
pealed by 1957)
9.28.120 and 9.36.020; repeals
1923
Amends § 2.04.220; repeals Res. 1974,
§§ 9.08.010, 9.08.030, 9.08.040, 9.14.060,
committees (2.04)
9.26.010 — 9.26.090 and 9.36.030; criminal
1924
Signs; repeals Ord. 1762 (Repealed by 046-
code (9.08, 9.12, 9.16, 9.18, 9.20, 9.24,
07)
9.26, 9.28, 9.32, 9.36)
1925
Amends 2003 budget (Special)
1891
Amends §§ 7.04.100, 7.04.160, 7.04.170;
1926
Amends comprehensive plan map (Special)
repeals § 7.04.150; animal control (7.04)
1927
Amends comprehensive plan map (Special)
1892
Amends §§ 2.64.030(1) and 2.64.040, en-
1928
Amends §§ 10.14.020, 10.14.030,
forcement (2.64)
10.14.040, and 10.14.070, residential park-
1893
Amends Ord. 1748, zoning (Not codified)
ing permit system (10.14)
1894
Adds Ch. 9.31, graffiti removal (9.31)
1929
Adds §§ 9.36.040 and 9.36.050, weapons
1895
Amends Ord. 1748, zoning (Repealed by
and explosives (9.36)
046-07)
1930
Amends § 2.04.030, council meetings
1896
Amends § 13.04.060, water and sewers
(2.04)
(13.04)
1931
Amends § 2.04.010, council meetings
1897
Amends Ch. 13.04, water and sewers
(2.04)
(13.04)
1932
Adds Ch. 1.16, official newspaper (1.16)
1898
(Number not used)
1933
Rezone (Special)
1899
Adds Ch. 10.18, parking of boats and recre-
1934
Adds § 2.04.240; repeals Ord. 1923 §§ 3
ational vehicles (10.18)
and 4, council meetings (Repealed by 004-
1900
Annexation (Special)
06)
1901
Amends Ord. 1748, zoning (Repealed by
1935
Rezone (Special)
046-07)
1936
(Number not used)
1902
(Number not used)
1937
Amends § 9.24.050; repeals Ord. 1824,
1903
Amends § 15.16.210(3), signs (Repealed
public disturbance noises (9.24)
by 1924)
1938
Amends 2004 budget (Special)
B-29
(Revised 10/09)
Ordinance Table
1939 Amends §§ 15.32.020(40) and
15.32.030(3), stormwater management per-
mits (Pending)
1940 Amends § 2.08.010, appointive officers
(2.08)
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)
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)
(Revised 10/09) B-30
Port Orchard Municipal Code
Ordinance Table
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)
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 (Repealed by
046-07)
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 (Repealed by
046-07)
016-06
Grants cable TV franchise; 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 (Repealed by 046-07)
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
(Repealed by 046-07)
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)
B-31 (Revised 10/09)
Ordinance Table
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)
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, zoning provisions
of 011-07 and 025-07, and Resos. 2083
and 010-05 (Not codified)
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)
(Revised 10/09) B-32
Port Orchard Municipal Code
Ordinance Table
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)
001-09
Adds Ch. 2.82, council wards (Deferred
back to committee)
002-09
Annexation (Special)
003-09
Right-of-way vacation (Tables)
004-09
Annexation (Special)
005-09
Amends § 13.06.080, storm drainage ser-
vice charge calculation (13.06)
006-09
Rezone (Special)
007-09
Annexation (Special)
008-09
Annexation (Special)
009-09
Rezone (Special)
010-09
(Pending)
011-09
Annexation (Special)
012-09
Amends 2009 budget (Special)
013-09
Temporarily suspends provisions of
§ 5.60.040, authorizing issuance of a fire-
works stand permit (Special)
014-09
Amends comprehensive plan (Special)
015-09
Approves application for current use
open space classification (Special)
016-09
Amends § 5.60.040, fireworks stand per-
mits (5.60)
017-09
Amends §§ 5.96.010, 5.96.040 and
5.96.050, temporary vendors (5.96)
018-09
Adds § 13.04.200, low flow toilet rebate
(13.04)
019-09
Adds Ch. 15.30, illicit discharge detec-
tion and elimination (15.30)
020-09
Temporary credit for storm drainage ser-
vice charges (Special)
021-09
Amends §§ 13.04.010, 13.04.020,
13.04.030 and 13.04.065, water and sew-
er rates (13.04)
B-33
(Revised 10/09)
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
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
Policing required 5.32.070
Index-3 (Revised 10/09)
City attorney
Violation, penalty 5.32.100
City engineer
City attorney
Appointment, removal 2.08.010
Appointment, duties 2.08.020
City Hall
Compensation 2.08.030
Facilities use policy 2.74.010
City clerk
City office hours
Appointment, removal 2.08.010
Established 2.50.010
City council
City officers
Meetings
See also City employees; Specific Officer
adjournment motion 2.04.180
Bonds 2.36.010
attendance by city employees 2.04.210
Mayor's power to appoint, remove 2.08.010
failure to attend, fine 2.04.090
City -owned docks, piers
journal of proceedings 2.04.120
Commercial activity 9.46.010
mayor, clerk duties 2.04.050
Definitions
motions
charges 9.46.005
in writing 2.04.100
city 9.46.005
laying matter on table 2.04.150
city facility 9.46.005
reconsidering 2.04.110
lien holder of record 9.46.005
nonmember addressing council 2.04.080
owner 9.46.005
order of business 2.04.060
person 9.46.005
order of procedure 2.04.020
secured vessel 9.46.005
presentation of subjects 2.04.070
unauthorized vessel 9.46.005
presiding officer duties 2.04.220
vessel 9.46.005
public meetings 2.04.170
Exemptions 9.40.040
questions of order 2.04.130
Moorage
quorum 2.04.040
15-minute limit 9.46.030
reports to council, presiding member 2.04.200
hours 9.46.020
Robert's Rules of Order 2.04.230
Regulations posting 9.46.100
rules amended, suspended 2.04.190
Rights additional to others 9.46.090
special meetings 2.04.030
Unauthorized, abandoned vessels
taking chair 2.04.140
recovery of city costs 9.46.080
time, place 2.04.010
sale by city 9.46.070
voting 2.04.160
securing, notice posting 9.46.060
Member compensation
Violation, penalty 9.46.050
nonattendance 2.60.030
City planner
per meeting rate 2.60.010
Appointment, removal 2.08.010
reimbursement for mileage, meals 2.60.040
City property, offenses against
City employees
See also Criminal code
See also City officers
Reward
Accumulation of leave 2.28.020
employee exemption 9.48.020
Applicability of state laws 2.28.120
for information 9.48.010
Bereavement leave 2.28.070
City treasurer
Civil leave 2.28.080
Appointment, removal 2.08.010
Definitions
Assistant designated auditing officer 2.44.010
full-time employee 2.28.010
Civil service commission
intermittent temporary employee 2.28.010
Created 2.30.010
part-time employee 2.28.010
Membership, terms 2.30.020
Holiday leave 2.28.050
Claims fund
Leave without pay 2.28.100
Created 3.04.040
Mileage allowance 2.48.010
Closing area during calamity, menace
Military leave 2.28.090
Authorization 9.40.010
Overtime 2.28.060
Code
Retirement system 2.32.010
Adopted 1.04.005
Sick leave 2.28.030
Definitions
Unauthorized absence 2.28.110
city 1.04.010
Vacation leave 2.28.040
city council 1.04.010
(Revised 10/09) Index-4
Port Orchard Municipal Code
Code
code 1.04.010
county 1.04.010
gender 1.04.010
Index-4.1
(Revised 10/09)
This page left intentionally blank.
(Revised 10/09) Index-4.2
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
Index-7 (Revised 10/09)
Energy code
False returns, statements 5.04.170
Established 2.12.010
Income records, returns 5.04.100
Expense reimbursement for volunteer firemen
Levied 5.04.060
2.12.040
License
Fire chief See Fire authority
application
Fire code
investigation 5.04.110
See also Building code
required 5.04.080
Adopted 15.12.010
duration 5.04.040
Amendments 15.12.100
posting, transferability 5.04.160
Appeals 15.12.050
required 5.04.030
Automatic fire sprinklers See Fire sprinklers
Over, under payment 5.04.120
Bureau of fire prevention established, duties
Payment 5.04.050
15.12.070
Rules, regulations 5.04.150
Definitions
Sale, transfer 5.04.090
counsel 15.12.030
Energy code
department of fire prevention 15.12.030
See also Building code
fire area 15.12.030
Minimum requirements 15.44.010
fire chief 15.12.030
Erotic material See Criminal code
fire code official 15.12.030
Exotic animals See Exotic under Animals
fire department 15.12.030
Explosives See Weapons, explosives
governing body 15.12.030
jurisdiction 15.12.030
— F —
municipality 15.12.030
False alarms See Alarm systems
police 15.12.030
Fees
Enforcement 15.12.020
Animal
Flammable materials storage 15.12.040
licenses 7.12.020
Penalties 15.12.090
shelters 7.16.030
Permits for new materials, processes, occupancies
Billboards 5.52.080
15.12.080
Boarding kennels 7.16.030
Violation 15.12.060
Building code 15.04.010
Fire department See Fire authority
Cabarets 5.20.040
Fire hydrants
Carnivals 5.32.040
Applicability 15.28.010
Circuses 5.32.050
Definitions
Concurrency management system 13.08.060
AWWA 15.28.020
Fireworks 5.60.010
fire authority 15.28.020
Grooming parlors 7.26.030
flush hydrant 15.28.020
Handbills 5.52.100
LID 15.28.020
Hawkers 5.44.050
standard specifications 15.28.020
Hobby kennels 7.20.040
UBC 15.28.020
Land classification 5.88.010
UFC 15.28.020
Mobile homes 15.36.030
water authority 15.28.020
Parking
Exemptions 15.28.130
generally 10.12.440
Installation
vehicle immobilization 10.76.070
plans 15.28.030
Pawnbrokers 5.40.020
prohibited types 15.28.120
Peddlers 5.44.040
timing 15.28.040
Pet shops 7.16.030
Interpretation, purpose, conflict 15.28.140
Police reserve officers 2.18.020
Location 15.28.060
SEPA 14.04.310
Number required 15.28.050
Streets and sidewalks excavations 12.04.140
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
(Revised 10/09) Index-8
Port Orchard Municipal Code
Library
Home businesses
Definitions
accessory use 5.99.020
home business, home businesses 5.99.020
home (cottage) industry 5.99.020
home occupation 5.99.020
home profession 5.99.020
kennel 5.99.020
resident 5.99.020
License
required 5.99.030
revocation 5.99.050
Purpose 5.99.010
Requirements 5.99.040
Hotel tax See Transient occupancy tax
Hydrants See Fire hydrants
—I—
Illicit discharge detection, elimination
See also Stormwater management
Administration 15.30.040
Appeals 15.30.150
Applicability 15.30.030
Compliance required 15.30.050
Construction, intent of provisions 15.30.170
Definitions
AKART 15.30.020
best management practices (BMPs) 15.30.020
city 15.30.020
director 15.30.020
discharge 15.30.020
ground water 15.30.020
hazardous materials 15.30.020
illicit connection 15.30.020
illicit discharge 15.30.020
industrial waste 15.30.020
municipal separate storm sewer system (MS4)
15.30.020
National Pollutant Discharge Elimination System
(NPDES) Stormwater Discharge Permit 15.30.020
non-stormwater discharge 15.30.020
owner 15.30.020
person 15.30.020
pollutant 15.30.020
pollution 15.30.020
premises 15.30.020
sanitary sewer 15.30.020
sewage 15.30.020
stop work order 15.30.020
storm drainage system or storm drain system
15.30.020
stormwater pollution prevention plan (SWPPP)
15.30.020
storm water, stormwater 15.30.020
wastewater 15.30.020
watercourse 15.30.020
waters of the state 15.30.020
Discharge
industrial, construction activity 15.30.090
notification 15.30.120
prohibitions 15.30.070
Enforcement 15.30.140
Inspection, investigation 15.30.130
Minimum standards 15.30.060
Prevention, control, reduction of pollutants 15.30.100
Purpose of provisions 15.30.010
Records retention 15.30.160
Suspension of MS4 access 15.30.080
Violation, penalties 15.30.140
Watercourse protection 15.30.110
Investigation funding
Contribution required 3.88.020
Use 3.88.010
win
Jail See Detention, incarceration
Judge See under Municipal court
Junk dealers
See also Pawnbrokers
Inspection of premises 5.36.050
Junk defined 5.36.010
Liability 5.36.060
License revocation 5.36.070
Purchases
from minors 5.36.030
holding period 5.36.040
Recordkeeping 5.36.020
Junk vehicles See under Vehicles
Juveniles See Minors
—K—
Kennels See under Animals
SW
Land classification filing fees
Designated 5.88.010
Leasehold excise tax
Administration 3.16.030
Contract with state 3.16.060
Exemption 3.16.040
Inspection of records 3.16.050
Levied 3.16.010
Rate 3.16.020
Lewd conduct See Criminal code
Library
Board of trustees
appointment 2.26.020
election of officers 2.26.030
Established 2.26.010
Service from regional library 2.26.040
Index-11 (Revised 10/09)
Licenses
Licenses
See also Business licenses
Animals
boarding kennels 7.16.010
cats 7.12.015
dogs 7.12.010
grooming parlors 7.26.010
hobby kennels 7.20.010
pet shops 7.16.010
shelters 7.16.010
Cabarets 5.20.020
Circuses, carnivals 5.32.010
Electrical light business and occupation tax 5.04.030
Fireworks 5.60.010
Handbills 5.52.090
Home businesses 5.99.030
Peddlers, hawkers 5.44.030
Sound amplifying equipment, loudspeakers 5.48.020
Taxicabs
driver 5.56.090
vehicle 5.56.030
Temporary vendors 5.96.020
Light franchise
Amendments 5.64.110
Compliance, default 5.64.070
Definitions
city 5.64.010
facilities 5.64.010
franchise area 5.64.010
Puget 5.64.010
Facilities
maintenance, excavations 5.64.030
relocation 5.64.040
Indemnification 5.64.050
Interpretation of section headings 5.64.140
Moving buildings 5.64.060
Nonexclusivity 5.64.080
Rights, privileges
assignment 5.64.100
granted 5.64.020
Suits, attorney's fees 5.64.130
Tariffs 5.64.120
Term, effective period 5.64.090
Validity 5.64.150
Littering
See also Garbage, refuse
Dangerous litter 9.34.070
Definitions
aircraft 9.34.010
authorized receptacle 9.34.010
commercial handbill 9.34.010
garbage 9.34.010
litter 9.34.010
newspaper 9.34.010
noncommercial handbill 9.34.010
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
2101FC'
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
(Revised 10/09) Index-12
Port Orchard Municipal Code
Parking
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
WE
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
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
motortruck 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
Index-13 (Revised 10/09)
Pawnbrokers
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
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
(Revised 10/09) Index-14
Port Orchard Municipal Code
Sewer
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
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
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
Index-15
(Revised 10/09)
Smoking in public places, places of employment
Fees 13.04.040
Industrial users 13.04.160
Liens 13.04.060
Low flow toilet rebate 13.04.200
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 See Billboards, handbills
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
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
(Revised 10/09) Index-16
Port Orchard Municipal Code
Streets and sidewalks
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; Illicit discharge
detection, elimination; 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
variance 15.32.020
water quality design storm event 15.32.020
wetland 15.32.020
Enforcement 15.32.110
Erosion, sediment control 15.32.050
Facility operation, maintenance 15.32.080
General provisions 15.32.010
Grading 15.32.060
Permits 15.32.030
Site stabilization 15.32.040
Water quality 15.32.100
Streets and sidewalks
Excavations
bond 12.04.130, 12.04.180
disposal of materials 12.04.060
gas service line installation, maintenance 12.04.120
inspection 12.04.140
notice of completion 12.04.170
permit
application 12.04.030
Index-17 (Revised 10/09)
Tattoos
compliance, conditions 12.04.020
contents 12.04.040
fee 12.04.140
filing 12.04.170
required 12.04.010
public works contract exemption 12.04.160
safety devices, barriers 12.04.190
site restoration
failure 12.04.100
required 12.04.080
supervision 12.04.050
trench length 12.04.070
tunneling 12.04.150
vehicular, pedestrian passage 12.04.090
work guarantee 12.04.110
Highway access, statutes adopted by reference
RCW 10.16.010
WAC 10.16.020
Sidewalk maintenance, repair
abatement
by city 12.12.080
by owner, responsible person 12.12.070
notice, violation 12.12.060
summarily, without notice 12.12.100
abutting owner responsible 12.12.030
appeal 12.12.090
damage, injury, liability 12.12.050
defective conditions 12.12.020
definitions
abate 12.12.010
enforcement officer 12.12.010
premises 12.12.010
responsible person 12.12.010
permit required 12.12.030, 12.12.040
relocation 12.12.040
violation, penalty 12.12.110
Snow route
established 10.66.010
impounding vehicles 10.66.030
signs posted 10.66.020
violation, misdemeanor 10.66.040
Vacations
compensation to city 12.08.010
easements 12.08.020
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
(Revised 10/09) Index-18
Port Orchard Municipal Code
Utilities
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
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 trenches12.16.120
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
Index-19 (Revised 10/09)
Vehicles
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
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
'yC
Water
See also Illicit discharge detection, elimination;
Sewer; Stormwater management
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
Low flow toilet rebate 13.04.200
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
—Z—
Zoning
Comprehensive Plan See Comprehensive Plan
(Revised 10/09) Index-20