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HomeMy WebLinkAbout1998_08 Supplement 2SUPPLEMENT DIRECTIONS Updated by: PORT ORCHARD MUNICIPAL CODE Dated: Supplement No. 2 — August 1998 Covering Ordinances through 1729 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 1729, passed June 22, 1998. Remove these pages Insert these pages Table of Revised Pages i— iii.................................................................. i iu Title 1 Title 2 Title 3 Title 5 INWe Title 9 Title 10 1............................................................................... 1 15 — 16........................................................... 15 — 16 1............................................................................... 1 9 — 16............................................................... 9 — 16 33 — 36........................................................ 33 — 36.2 3-32............................................................... 332 1............................................................................... 1 7-8 ................................................................... 7 8 31 — 33........................................................... 31 33 (Revised 8/98) Remove these pages Insert these pages Title 13 3 10............................................................... 3 10 Title 15 33 — 35........................................................... 33 — 35 Title 16 Title 17 1-8 ................................................................... 1-4 Ordinance Tables B-5 — B-25............................................... B-5 — B-26 Index 1 — 14............................................................... 1 — 14 17........................................................................... 17 Please call Code Publishing Company (206-527-6831) should questions arise while removing and replacing supplement pages. (Revised 8/98) Port Orchard Municipal Code 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 1729, passed June 22, 1998. Page Revised Date Page Revised Date Table of Contents ................................................... Preface................................................................... Title 1 1............................................................................. - 3, 4...................................................................... 8/98 5............................................................................. - Title 2 1.......................................................................... 8/98 3,4 ......................................................................... - 5, 6...................................................................... 8/98 7,8 ...................................................................... 8/98 8.1, 8.2................................................................ 8/98 9,10 ....................................................................... - 11, 12...................................................................... - 13, 14..................................................................... - 15, 16.................................................................. 8/98 17,18 ..................................................................... - 19, 20..................................................................... - 21, 22..................................................................... - 23, 24..................................................................... - 25, 26..................................................................... - 27, 28.................................................................. 8/98 29,30 ..................................................................... - 31........................................................................... - Title 3 1.......................................................................... 8/98 3,4 ......................................................................... - 5, 6......................................................................... - 7, 8......................................................................... - 9, 10.................................................................... 8/98 11,12 ...................................................................... - Title 4 1............................................................................. Title 5 1............................................................................. 3,4 ......................................................................... 5,6 .......................................................................... - 7, 8.......................................................................... - 9, 10..................................................................... 8/98 11,12 ................................................................... 8/98 13,14 ................................................................... 8/98 15,16 ................................................................... 8/98 17,18 ...................................................................... - 19, 20...................................................................... - 21, 22...................................................................... - 23, 24...................................................................... - 25, 26................................................................... 8/98 27,28 ................................................................... 8/98 28.1, 28.2............................................................. 8/98 29,30 ...................................................................... - 31, 32...................................................................... - 33, 34................................................................... 8/98 35,36 ................................................................... 8/98 36.1, 36.2............................................................. 8/98 37,38 ...................................................................... - 39, 40...................................................................... - 41, 42...................................................................... - 43, 44...................................................................... - 45, 46...................................................................... - 47, 48...................................................................... - 49, 50...................................................................... - 51, 52...................................................................... - 53............................................................................ - Title 6 1.............................................................................. 3,4 ....................................................................... 8/98 5, 6/8.................................................................... 8/98 9,10 ........................................................................ - Title 7 1.............................................................................. 3,4 .......................................................................... 5,6 .......................................................................... 7,8 .......................................................................... 9,10 ........................................................................ - (Revised 8/98) Table of Revised Pages Title 9 1............................................................................. - 3, 4...................................................................... 8/98 5,6 ...................................................................... 8/98 7,8 ...................................................................... 8/98 9,10 .................................................................... 8/98 11, 12.................................................................. 8/98 13, 14.................................................................. 8/98 15,16 .................................................................. 8/98 17,18 .................................................................. 8/98 19,20 .................................................................. 8/98 21,22 .................................................................. 8/98 23,24 .................................................................. 8/98 25,26 .................................................................. 8/98 27,28 .................................................................. 8/98 29,30 .................................................................. 8/98 31,32 .................................................................. 8/98 33,34 ..................................................................... - Title 10 1.......................................................................... 8/98 3,4 ......................................................................... - 5, 6......................................................................... - 7, 8...................................................................... 8/98 9, 10....................................................................... - 11, 12..................................................................... - 13, 14..................................................................... - 15, 16................................................................ 11/97 17, 18.................................................................. 8/98 19,20 .................................................................. 8/98 20.1, 20.2............................................................ 8/98 20.3, 20.4............................................................ 8/98 21,22 ..................................................................... - 23, 24..................................................................... - 25, 26..................................................................... - 27, 28..................................................................... - 29, 30..................................................................... - 31, 32.................................................................. 8/98 33........................................................................ 8/98 Page Revised Date 9.......................................................... Title 13 1 ......... 3,4 ...................................................................... 8/98 5,6 ...................................................................... 8/98 7,8 ...................................................................... 8/98 9, 10.................................................................... 8/98 11, 12 Title 14 1............................................................................. 3,4 ......................................................................... 5,6 ......................................................................... 7............................................................................. Title 15 1 ......... 3,4 ...................................................................... 8/98 5,6 ...................................................................... 8/98 7,8 ...................................................................... 8/98 9, 10.................................................................... 8/98 11, 12.................................................................. 8/98 13, 14.................................................................. 8/98 15, 16.................................................................. 8/98 17, 18.................................................................. 8/98 19,20 .................................................................. 8/98 21,22 ..................................................................... - 23, 24..................................................................... - 25, 26..................................................................... - 27, 28..................................................................... - 29, 30..................................................................... - 31, 32..................................................................... - 33, 34.................................................................. 8/98 35........................................................................ 8/98 Title 16 1 ......... 3,4 ...................................................................... 8/98 5,6 ...................................................................... 8/98 7,8 ...................................................................... 8/98 9, 10.................................................................... 8/98 Title 17 1.......................................................................... 8/98 3,4 ...................................................................... 8/98 Title 11 Street Vacation Table 3,4 .................................................................... 11/97 A-1, A-2................................................................. - A-3, A-4................................................................. - Title12 A-5, A-6................................................................. - 1............................................................................. - A-7, A-8................................................................. - 3, 4......................................................................... - A-9, A-10............................................................... - 5, 6......................................................................... - A- 11, A- 12 ............................................................. - 7, 8......................................................................... - (Revised 8/98) 11 Port Orchard Municipal Code Table of Revised Pages Page Revised Date Ordinance Table B-1, B-2.................................................................. — B-3, B-4.................................................................. — B-5, B-6.............................................................. 8/98 B-7, B-8.............................................................. 8/98 B-9, B-10............................................................ 8/98 B-11, B-12.......................................................... 8/98 B-13, B-14.......................................................... 8/98 B-15, B-16.......................................................... 8/98 B-17, B-18.......................................................... 8/98 B-19, B-20.......................................................... 8/98 B-21, B-22.......................................................... 8/98 B-23, B-24.......................................................... 8/98 B-25, B-26.......................................................... 8/98 Index Index Preface ...... 1,2 ...................................................................... 8/98 3,4 ...................................................................... 8/98 5,6 ...................................................................... 8/98 7,8 ...................................................................... 8/98 9,10 .................................................................... 8/98 11,12 .................................................................. 8/98 13,14 .................................................................. 8/98 15,16 ...................................................................... — 17........................................................................ 8/98 ill (Revised 8/98) Port Orchard Municipal Code 1.04.030 Chapter 1.04 CODE Sections: 1.04.005 Code adopted. 1.04.010 Definitions — Interpretation. 1.04.015 Principal defined. 1.04.020 Penalty for violation. 1.04.030 Failure to pay fine, costs. 1.04.040 Proof of ordinances. 1.04.050 New material adopted. 1.04.060 Title, chapter and section headings 1.04.070 Reference to provisions. 1.04.080 Effect of code. 1.04.090 Effective date. 1.04.100 Validity. 1.04.005 Code adopted. The codification of the ordinances of the city of Port Orchard of a general, public or permanent nature, or imposing a fine, penalty or forfeiture, as contained and set forth in a printed copy thereof on file in the office of the city clerk entitled "Port Orchard Municipal Code" is adopted as the official code of the ordinances of the city, as provided for by RCW 35.21.520 through 35.21.570. (Ord. 772 § 1, 1966). 1.04.010 Definitions — Interpretation. Unless the context otherwise requires, the fol- lowing words and phrases where used in this code shall have the meaning and construction given in this section. (1) "Code" is the Port Orchard Municipal Code; (2) "City" is the city of Port Orchard; (3) "City council" is the city council of the city of Port Orchard; (4) "County" is the county of Kitsap; (5) "Person" is any natural person, firm, associ- ation, joint venture, joint stock company, partner- ship, organization, club, company, corporation, business trust, or their manager, lessee, agent, ser- vant, officer, or employee of any of them; (6) "State" is the state of Washington; (7) "Oath" includes affirmation; (8) Gender. The masculine gender includes the feminine and neuter; (9) Number. The singular number includes the plural and the plural the singular; (10) Tenses. The present tense includes the past and future tenses, and the future tense includes the presenttense; (11) Shall, May. "Shall" is mandatory; "may" is permissive; (12) Title of Office. The use of the title of any officer, employee, department, board or commis- sion means that officer, employee, department, board of commission of the city of Port Orchard. (Ord. 754 § 1, 1966). 1.04.015 Principal defined. Every person concerned in the commission of any misdemeanor prescribed by the code of the city, whether he directly commits the act constitut- ing the offense, or aids or abets in its commission, and whether present or absent; and every person whether he directly or indirectly counsels, encour- ages, hires, commands, induces or otherwise pro- cures another to commit any such misdemeanor, is a principal, and shall be proceeded against and punished as such. The fact that the person who aided, abetted, counseled, encouraged, hired, com- manded, induced or procured could not or did not entertain a criminal intent, shall not be a defense to any person aiding, abetting, counseling, encourag- ing, hiring, commanding, inducing or procuring him. (Ord. 838, 1969). 1.04.020 Penalty for violation. Any person violating any of the provisions or failing to comply with the mandatory requirements of the Port Orchard Municipal Code and the ordi- nances of the city of Port Orchard shall, unless another penalty is prescribed, 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 of any provision of this code or the ordinances of the city of Port Orchard is committed, contin- ued, or permitted by any such person. (Ord. 1724 § 2, 1998). 1.04.030 Failure to pay fine, costs. Upon the rendition of judgment against any defendant for violation of this code and any ordi- nance of the city, the police magistrate or justice of the peace shall make an order and enter the same 1-3 (Revised 8/98) 1.04.040 upon his docket, that if the defendant shall neglect or refuse to satisfy such judgment and costs of suit, he shall be confined in the city jail or other place of confinement provided for that purpose, one day for each $3.00 of such judgment and costs, and during such confinement he may be required to labor upon the streets or do other work for the city under the supervision and direction of the chief of police. Execution shall be issued immediately upon the rendition of judgment. (Ord. 754 § 3, 1966). 1.04.040 Proof of ordinances. As provided for by RCW 35.21.550, copies of such code in published form shall be received with- out further proof as the ordinances of permanent or general effect of the city by all courts and adminis- trative tribunals of this state. (Ord. 772 § 2, 1966). 1.04.050 New material adopted. New material shall be adopted by the city coun- cil as separate ordinances prior to the inclusion thereof in such codification, provided that any ordinance amending the codification shall set forth in full the section or sections of the codification being amended, and this shall constitute a suffi- cient compliance with any statutory or charter requirement that no ordinance nor any section thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or amended section in full. (Ord. 772 § 3, 1966). 1.04.060 Title, chapter and section headings. Title, chapter and section headings contained in the Port Orchard Municipal Code shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provi- sions of any title, chapter or section thereof. (Ord. 772 § 4, 1966). 1.04.070 Reference to provisions. The provisions of the Port Orchard Municipal Code shall not in any manner affect deposits or other matters of record which refer to, or are other- wise connected with ordinances which are therein specifically designated by numbers or otherwise and which are included within the Port Orchard Municipal Code, but such reference shall be con- strued to apply to the corresponding provisions contained within the Port Orchard Municipal Code. (Ord. 772 § 5, 1966). 1.04.080 Effect of code. Neither the adoption of the Port Orchard Munic- ipal Code nor the repeal or amendment thereby of any ordinance or part or portion of any ordinance of the city shall in any manner affect the prosecu- tion for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances; nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee, or penalty, or the penal provisions applicable to any violation thereof; nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. (Ord. 772 § 6, 1966). 1.04.090 Effective date. The Port Orchard Municipal Code shall become effective five days from and after the date of the publication of Ordinance No. 772 in the Port Orchard Independent. (Ord. 772 § 7, 1966). 1.04.100 Validity. If any section, subsection, sentence, clause, phrase, portion, or part of the Port Orchard Munic- ipal Code is for any reason held to be invalid or unconstitutional by any court of competent juris- diction, such decision shall not affect the validity of the remaining portions of the Port Orchard Municipal Code. The city council hereby declares that it would have adopted the Port Orchard Municipal Code and each section, subsection, sen- tence, clause, phrase, portion or part thereof, irre- spective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions be declared invalid or unconstitutional. (Ord. 772 § 8, 1966). (Revised 8/98) 1-4 Title 2 ADMINISTRATION AND PERSONNEL* Chapters: 2.04 Council Meetings 2.08 Appointive Officers 2.12 Fire Authority 2.14 Hazardous Materials Emergency Assistance Agreements 2.16 Police Department 2.18 Enrollment of Police Reserve Officers 2.20 Planning Commission 2.24 Park Commission 2.26 Library 2.28 Vacations and Leaves of Absence 2.30 Civil Service Commission 2.32 Employees' Retirement System 2.36 Surety Bonds 2.40 Affirmative Action Program 2.44 City Clerk 2.48 City Employees 2.52 Municipal Court 2.56 County -City Emergency Services Program 2.60 Compensation for City Council Members 2.64 Code Enforcement Officer 2.68 Animal Control Appeal Board 2.70 Health District * Statutes relating to second-class cities, see Chapter 35.23 RCW. 2-1 (Revised 8/98) Port Orchard Municipal Code 2.08.020 (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; (7) Appoint to committees, remove from com- mittees at his pleasure. (Ord. 1232 § 1, 1983; Ord. 755 § 22, 1966). 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). Chapter 2.08 APPOINTIVE OFFICERS* Sections: 2.08.010 Appointment and removal of the city clerk, city attorney, city treasurer, city engineer and fire chief. 2.08.020 Duties of the 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 attorney, city treasurer, city engineer and fire chief.* The mayor of the city may appoint or remove the city clerk, city treasurer, city engineer, fire chief and the city attorney subject to a confirmation vote by a majority of not less than four members of the city council. Such appointments and removals must be in writing, signed by the mayor and filed with the city clerk. (Ord. 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 Duties of the city attorney.* (1) The city attorney shall advise the city authorities and officers on all legal matters pertain- ing to the business of the city and shall approve all ordinances as to form. He shall represent the city in all actions brought by or against the city or against city officials in their official capacity. He shall per- form such other duties as the city council, by ordi- nance, may direct. (2) In addition to the duties prescribed by the laws of the state of Washington as hereinabove set forth, the city attorney shall: (a) Attend all regular and special council meetings; (b) 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; (c) Attend all regular and work meetings of the board of adjustment and planning commission of the city; and 2-5 (Revised 8/98) 2.08.030 (d) Attend all sessions of the police court. (Ord. 759 § 2, 1966). * Similar statute— See RCW 35.23.111. 2.08.030 Compensation of city attorney. The city attorney shall receive a salary in such amounts as the council may, from time to time, establish by ordinance. The salary paid by the city as fixed from time to time by ordinance shall be payment to the city attorney for all legal services performed in connection with or having to do with all city operations, in a governmental, as distin- guished from a proprietary capacity; provided, however, this shall not include representing the city in any superior court action, nor preparation therefor; nor shall the salary include time spent on planning and zoning matters, on purchasing of property, obtaining easements, rights -of -way, nor time spent on specific general obligation bond issues, revenue bond issues or condemnation actions and further, it is contemplated that, from time to time, some cause may come before the city requiring services over and above the formal duties of the city attorney, and that when such services are requested and required by the city council they, too, shall be compensated for at the rate now fixed for additional duties and which rate is consistent with the hourly fee charged by the Kitsap County Bar Association. The said rate shall be the rate paid for all services performed by the city attorney other than those covered by the monthly salary; pro- vided, however, if the hourly fee charged by the Kitsap County Bar Association is changed, then the hourly fee charged by the city attorney shall be changed accordingly. It is further provided that the city attorney shall be paid a regular fee for all local improvement districts, computed at the rate of three percent of the first $100,000 of the total cost of such improvement and one percent on all sums in excess of $100,000, for each such district; pro- vided, however, that there shall be a minimum legal charge for any local improvement district of not less than $300.00. It is further provided that in the event additional services or duties are required of the city attorney, for which additional compen- sation is to be paid as set forth in this section, such additional duties and services shall be reflected in the minutes of the council meeting preceding the initiation of such services. (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 8/98) 2-6 Port Orchard Municipal Code 2.14.020 reimbursed at a rate predetermined by the Port Chapter 2.14 Orchard city council for expenses for every fire drill attended by such fireman and every fire call HAZARDOUS MATERIALS EMERGENCY responded to by such fireman, under the direction ASSISTANCE AGREEMENTS of the fire chief or a duly designated subordinate of the fire chief. (Ord. 1304 § 1, 1985; Ord. 1085 § 1, Sections: 1979; Ord. 921, 1973; Ord. 614 § 1, 1954. For- 2.14.010 Hazardous material incident command merly 2.12.030). agency. 2.14.020 Agreement — Authorized. 2.14.030 Allowable costs. 2.14.040 Agreement — Terms and conditions. 2.14.050 Agreement — Verbal agreement and notice of terms. 2.14.010 Hazardous material incident command agency. (1) The city council of the city of Port Orchard hereby designates South Kitsap Fire District No. 7 as the incident command agency for all hazardous material incidents within the corporate limits of the city of Port Orchard. (2) The fire district and the city of Port Orchard together and separately shall reserve the right to recover costs for incident response and incident cleanup, as outlined in RCW 4.24.314 for extraor- dinary cost incurred due to a hazardous materials incident in accordance with fee schedule as adopted by the Washington State Association of Fire Chiefs. (Ord. 1712 § 2(1), 1998). 2.14.020 Agreement — Authorized. The fire authority is authorized to enter into agreements with persons, agencies, and/or corpo- rations who may provide assistance with respect to a hazardous materials incident. In accordance with the provisions of Chapter 4.24 RCW, such persons, agencies and/or corporations are not liable for civil damages resulting from any act or omission in the rendering of such care, assistance, or advice, other than acts or omissions constituting gross negli- gence or wilful or wanton misconduct; provided: (1) The fire authority and persons whose assis- tance is requested have entered into a written haz- ardous materials assistance agreement prior to the incident which incorporates the terms of POMC 2.14.040, except as specified in POMC 2.14.050; (2) The request for assistance comes from the fire authority. (Ord. 1712 § 2(2), 1998). 2-7 (Revised 8/98) 2.14.030 2.14.030 Allowable costs. (1) To be allowable, costs for which reimburse- ment is sought must be consistent with CERCLA and with federal cost principles outlined in the OMB Circular A-87, "Cost Principles for State and Local Governments." The local government may also seek assistance from the EPA Regional Office in determining which costs may be allowable. Final determination of the reasonableness of the costs for which reimbursement is sought will be made by EPA. (2) In general, allowable costs are those project costs are eligible, reasonable, necessary and alloca- ble to the project. Costs allowable for reimburse- ment may include, but are not limited to: (a) "Disposable materials and supplies" acquired, consumed, and expended specifically for the purpose of the response for which reimburse- ment is being requested (hereafter referred to as "the response"); (b) Compensation for unbudgeted wages of employees for the time and efforts devoted specif- ically to the response that are not otherwise pro- vided for in the applicant's operating budget (e.g., overtime pay for permanent full-time and other than full-time employees); (c) Rental or leasing of equipment used spe- cifically for the response (e.g., protective equip- ment or clothing, scientific and technical equipment) (note: reimbursement for these costs will not exceed the duration of the response); (d) Replacement costs for equipment owned by the applicant that is contaminated beyond reuse or repair, if the applicant can demonstrate that the equipment was a total loss and that the loss occurred during the response (e.g., self-contained breathing apparatus irretrievably contaminated during the response); (e) Decontamination of equipment contami- nated during the response; (f) Special technical services specifically required for the response (e.g., costs associated with the time and efforts of technical experts/spe- cialists not otherwise provided for by the local gov- ernment); (g) Other special services specifically required for the response (e.g., utilities); (h) Laboratory costs for purposes of analyz- ing samples taken during the response; (i) Evacuation costs associated with the ser- vices, supplies, and equipment procured for a spe- cific evacuation; and 0) Containerization or packaging cost including transportation and disposal of hazardous wastes. (Ord. 1712 § 2(3), 1998). 2.14.040 Agreement — Terms and conditions. (1) Hazardous materials emergency assistance agreements which are executed prior to a hazard- ous materials incident shall include the following terms and conditions: (a) The person requested to assist shall not be obligated to assist; (b) The person requested to assist may act only under direction of the incident commander or his representative; (c) The person requested to assist may with- draw his assistance if he deems the actions or direc- tions of the incident commander to be contrary to accepted hazardous materials response practices; (d) The person requested to assist shall not profit from rendering the assistance; (e) The person requested to assist shall not be a public employee acting in his official capacity within the boundaries of his political subdivision; (f) Any person responsible for causing the hazardous materials incident shall not be covered by the liability standard defined in POMC 2.14.020. (2) It is the responsibility of both parties to ensure that mutually agreeable procedures are established when assistance is requested, for recording the name of the person whose assistance is requested, and the time and date of the request, which records shall be retained for three years by the fire department. A copy of the official incident command agency designation shall be a part of the assistance agreement specified in this section. (Ord. 1712 § 2(4), 1998). 2.14.050 Agreement — Verbal agreement and notice of terms. (1) The chief of the fire authority or his repre- sentative may enter into verbal hazardous materials emergency assistance agreements at the scene of an incident where execution of a written agreement prior to the incident is not possible. A notification of the terms of this section shall be presented at the scene by the incident commander or his represen- tative to the person whose assistance is requested. (Revised 8/98) 2-8 Port Orchard Municipal Code 2.14.050 The incident commander and the person whose assistance is requested shall both sign the notifica- tion which appears in subsection (2) of this section, indicating the date and time of signature. If a requesting agency deliberately misrepresents indi- vidual or agency status, that agency shall assume full liability for any damages resulting from the actions of the person whose assistance is requested, other than those damages resulting from gross neg- ligence or wilful misconduct. (2) The notification required by subsection (1) of this section shall be as follows: NOTIFICATION OF "GOOD SAMARITAN" LAW You have been requested to provide emergen- cy assistance by a representative of a designat- ed hazardous materials incident command agency. To encourage your assistance, the Washington State Legislature has passed "Good Samaritan" Legislation (Chapter 4.24 RCW, part) to protect you from potential liabili- ty. The law reads, in part: "Any person who, in good faith, ren- ders emergency care, assistance, or advice with respect to a hazardous materials incident is not liable for civ- il damages resulting from any act or omission in the rendering of such care, assistance, or advice, other than acts or omissions constituting gross negligence or wilful or wanton misconduct." The law requires that you be advised of certain conditions to ensure your protection: (a) You are not obligated to assist and you may withdraw your assistance at any time. (b) You cannot profit from assisting. (c) Your must agree to act under the direc- tion of the incident commander. (d) You are not covered by this law if you caused the initial accident or if you are a public employee doing your official duty. I have read and understand the above. (Name) Date Time I am a representative of a designated hazard- ous materials incident command agency and I am authorized to make this request for assis- tance. (Name Date Time (Ord. 1712 § 2(5), 1998). 2-8.1 (Revised 8/98) This page left intentionally blank. (Revised 8/98) 2-8.2 Port Orchard Municipal Code 2.30.020 2.28.080 Civil leave. Any necessary leave may be allowed by the head of the department to permit any employee to serve as a member of the jury, or to exercise his other civil duties. Each employee who is granted such leave, and who, for the performance of the civil duties involved, received any compensation, shall be paid by the city for the time he is absent, only in the amount of excess of his regular salary over the compensation so received. (Ord. 1467 § 9, 1989). 2.28.090 Military leave. Leave not to exceed 15 calendar days in any period of 12 consecutive months, over and above annual vacation shall be allowed any employee who is a member of any duly established National Guard or reserve corps unit. During the period of military leave the employee shall receive his nor- mal pay. (Ord. 1467 § 10, 1989). 2.28.100 Leave without pay. Leave without pay may be granted at the discre- tion of the department head, subject to the approval of the appointing authority. Such leave will be granted only after all annual and/or sick leave has been exhausted and under no circumstances in excess of 90 working days. Leave without pay will not be granted for the purpose of the employee accepting other temporary employment or to gain personal advantage or profit. (Ord. 1467 § 11, 1989). 2.28.110 Unauthorized absence. Unauthorized absence from duty for three con- secutive working days shall constitute grounds for dismissal upon recommendation of the department head at the discretion of the appointing authority. (Ord. 1467 § 12, 1989). 2.28.120 State laws applicable. Nothing contained in this chapter shall be con- strued as an attempt to modify in any way the laws of the state of Washington relating to firefighters relief and pensions and police relief and pension, and/or the existing rules and regulations of the civil service commission pertaining to vacation and sick leave of the police department and the fire depart- ment. (Ord. 1467 § 13, 1989). Chapter 2.30 CIVIL SERVICE COMMISSION Sections: 2.30.010 Created. 2.30.020 Membership — Terms. 2.30.010 Created. Pursuant to Chapter 41.08 RCW there is hereby created a civil service commission to exercise the powers and perform the duties established by such state law in connection with the selection, appoint- ment and employment of police personnel of the city of Port Orchard. (Ord. 1704 § 1, 1997). 2.30.020 Membership — Terms. The city of Port Orchard civil service commis- sion shall be composed of three members who shall serve without compensation and who shall have qualifications, powers and duties prescribed and directed by Chapter 41.08 RCW. The commission members shall be appointed by the mayor for six - year terms to expire on December 31 st. (Ord. 1704 § 2, 1997). 2-15 (Revised 8/98) 2.32.010 Chapter 2.32 EMPLOYEES' RETIREMENT SYSTEM* Sections: 2.32.010 Membership approved. * Certified copy of Ordinance 734, codified in this chapter was transmitted to the state retirement board as evidence of the authorization and approval herein expressed. 2.32.010 Membership approved. The city authorizes and approves the member- ship and participation of its eligible employees in the state employees' retirement system, pursuant to RCW 41.40.410, and authorizes the expenditure of the necessary funds to cover its proportionate share for participation in said system. (Ord. 734 § 1, 1964). Chapter 2.36 SURETY BONDS* Sections: 2.36.010 Amounts fixed. * Bonds required by statute —See RCW 35.23.081. 2.36.010 Amounts fixed. The amounts for the faithful performance bonds for the officers and employees of the city are fixed as follows: Officer or Emnlovee Amount City treasurer $100,000 Mayor 50,000 Mayor pro tem 50,000 City attorney 50,000 City clerk 50,000 Chief of police 50,000 Police sergeant (2) 50,000 General city employees 25,000 (Ord. 1423 §§ 1, 2, 1988; Ord. 756 § 1, 1966). (Revised 8/98) 2-16 Port Orchard Municipal Code 2.64.030 Chapter 2.64 CODE ENFORCEMENT OFFICER Sections: 2.64.010 Position created — Authority. 2.64.020 Notice of civil infraction. 2.64.030 Enforcement. 2.64.040 Applicability. 2.64.050 Inspections. 2.64.010 Position created — Authority. The position of code enforcement officer is established. The code enforcement officer and any designee shall be appointed by the city council and shall be designated by council resolution. The code enforcement officer shall be authorized to investi- gate compliance with the city regulations enumer- ated in POMC 2.64.030 and to take reasonable action to bring about compliance with such regula- tions, including but not limited to the issuance of notices of civil infraction. (Ord. 1614 § 1, 1994). 2.64.020 Notice of civil infraction. (1) The code enforcement officer has authority to issue a notice of civil infraction: (a) When a violation of the city regulations enumerated in POMC 2.64.030 is observed by the code enforcement officer; and/or (b) When the code enforcement officer has reasonable cause to believe that a violation of city regulations as enumerated in POMC 2.64.030 has occurred. (2) Each five -calendar -day period that a viola- tion exists constitutes a separate offense. (3) A notice of civil infraction may be issued by the code enforcement officer to any responsible person, firm, corporation or agent. The notice of civil infraction shall contain the information required by RCW 7.80.070 as it now exists or may hereafter be amended. (4) A notice of civil infraction shall be served upon the person to whom it is directed in person, or by mailing a copy of the notice to such person at his/her last known address. Proof of service shall be made by a written declaration under penalty of perjury by the person serving the notice, declaring the date and time of service and the manner by which service was made. The notice of civil infrac- tion, along with the declaration, shall be filed with the city municipal court. (5) A Notice of Civil Infraction — Jurisdiction. The city municipal court shall have jurisdiction to hear and determine these matters. (Ord. 1614 § 2, 1994). 2.64.030 Enforcement. (1) A Civil Infraction. Any person who shall commit any violation of the provisions as set forth in this chapter shall have committed a civil infrac- tion and, upon finding by the city municipal court that such civil infraction has been committed, shall pay all billable court costs, and pay monetary pen- alty to the city, as set forth in the schedule below: (The following subdivisions have been para- phrased as an aid in determining the penalty only and are not intended for any other purpose). (a) Violation of the public nuisance laws: $100.00 (b) Violation of the zoning ordinance: $150.00 (c) Violation of the conditions of approval for land use reclassification as approved by the city council: $150.00 (d) Violation of the conditions of approval for special use permits as approved by the city council: $150.00 (e) Violation of the conditions of approval for variances as approved by the planning commis- sion: $150.00 (f) Violation of the conditions of approval for final plats as approved by the city council: $250.00 (g) Provided, any violation for which a pen- alty is not set forth above shall contain a monetary penalty not to exceed: $100.00 (2) Additional Remedies. In addition to any other remedy provided by the chapter, the city may initiate injunction or abatement proceedings or any other appropriate action in the courts against any person who violates or fails to comply with any provision as set forth in this chapter or to restore a condition which existed prior to the violation. The violator shall pay the costs of such action including reasonable attorney fees. (3) Authority Retained. Nothing in this chapter shall be construed to abridge the authority of other agents or officers of the city, including the city police department, to enforce the provisions of this code under authority otherwise granted such agents or officers. (Ord. 1614 § 3, 1994). 2-27 (Revised 8/98) 2.64.040 2.64.040 Applicability. The enforcement authority of this chapter shall apply to the following ordinances and regulations of the city, and any subsequent amending ordi- nance and/or regulation thereto: Ordinance No.* Nuisances 1592 Zoning ordinance 1469 Open storage yards 1492 Conditions of approval for land use reclassification 1508 Parking and circulation requirements 1509 Landscape standards for commercial development 1514 Landscape standards for commercial developments, industrial developments, public property developments and relating to uses permitted upon the issuance of a special use permit 1574 Subdivisions 1362 (Ord. 1614 § 4, 1994). * Code reviser's note: The applicable provisions for Nui- sances currently derive from Ord. 1724; for Open storage yards from Ord. 1667; for Subdivisions from Ord. 1702. 2.64.050 Inspections. The code enforcement officer or the code enforcement officer's designee shall inspect prop- erties as necessary to determine whether the per- mittee has complied with conditions of the respective permits and whenever there is reason- able cause to believe that a permittee is in violation of the provisions as set forth in this chapter, may enter upon such premises at all reasonable times to inspect the same or to perform any other duty allowed by the code enforcement officer by this code. The code enforcement officer or designee shall present proper credentials to the owner or other person in charge of the premises before requesting entry. If such entry is refused or if the owner or tenant or person in charge of the premises cannot be located, the code enforcement officer or designee shall have recourse to every remedy pro- vided by law to secure entry, including, but not limited to, application for a search warrant. In mak- ing such application, the code enforcement officer or designee shall be assisted by the police depart- ment. (Ord. 1614 § 5, 1994). Chapter 2.68 ANIMAL CONTROL APPEAL BOARD Sections: 2.68.010 Creation— Eligibility. 2.68.020 Terms of board members. 2.68.030 Powers and duties. 2.68.010 Creation — Eligibility. There is created an animal control appeal board, consisting of three members, who shall be appointed by the mayor, confirmed by the city council. Two members shall be residents of the city and one member shall be a veterinarian who is licensed by the state. (Ord. 1622 § 1, 1994). 2.68.020 Terms of board members. The first board members appointed shall deter- mine by lot whose term shall expire in one, two or three years respectively, and their term shall begin after their appointment has been approved by the city council, and upon taking the usual oath of qualification. The terms of office, except the first, shall be three years and begin on the first day of January. Members of the board may be removed at any time by the mayor, with confirmation of the council. (Ord. 1622 § 2, 1994). 2.68.030 Powers and duties. The animal control appeal board shall serve as the board of appeals for matters relating to declara- tion of potentially dangerous animals (Levels 2 and 3) as established in Ordinance No. 1607, codified in POMC Title 7, and all subsequent amending ordinances thereto. (Ord. 1622 § 3, 1994). (Revised 8/98) 2-28 Title 3 FINANCE Chapters: 3.04 Funds 3.08 Advance Travel Expense Revolving Fund 3.12 Treasurer's Trust and Agency Fund 3.16 Leasehold Excise Tax 3.18 Transient Occupancy Excise Tax 3.36 Cumulative Reserve Fund — Water -Sewer Capital Outlay Debt Service and Maintenance and Operation 3.44 Cumulative Reserve Fund for Municipal Facilities 3.48 Emergency Medical Services Six -Year Special Levy Fund-1980 3.52 Real Estate Excise Tax 3.56 Community Events Fund 3.64 Repealed 3.68 Water -Sewer Equipment Replacement Fund 3.72 Special Investigative Unit Fund 3.76 Special Investigative Unit Imprest Fund 3.80 Cumulative Reserve for Equipment Replacement Fund 3-1 (Revised 8/98) Port Orchard Municipal Code 3.56.030 or conveyance evidencing a sale subject to the tax may be accepted by the county auditor for filing or recording until the tax is paid and the stamp affixed thereto; in case the tax is not due on the transfer, the instrument shall be accepted until suitable notation of this fact is made on the instrument by the county treasurer. (Ord. 1515 § 7, 1991). 3.52.080 Payment — Due date. The tax imposed in this chapter shall become due and payable immediately at the time of sale and, if not so paid within 30 days thereafter, shall bear interest at the rate of one percent per month from the time of sale until the date of payment. (Ord. 1515 § 8, 1991). 3.52.090 Improper payments — Refunds. If, upon written application by a taxpayer to the county treasurer for refund, it appears a tax has been paid in excess of amount actually due or upon a sale or other transfer declared to be exempt, such excess amount or improper payment shall be refunded by the county treasurer to the taxpayer; provided, that no refund shall be made unless the state has first authorized the refund of an excessive amount or an improper amount paid, unless such improper amount was paid as a result of miscalcu- lation. Any refund made shall be withheld from the next monthly distribution to the city. (Ord. 1515 § 9, 1991). Chapter 3.56 COMMUNITY EVENTS FUND Sections: 3.56.010 Created. 3.56.020 Placement of moneys. 3.56.030 Authorization for disbursement of funds. 3.56.010 Created. There is created a community events fund into which moneys shall be placed as received from hotel/motel transient (stadium) tax Chapter 67.28 RCW for use in community events. (Ord. 1254 § 1, 1983). 3.56.020 Placement of moneys. The treasurer of the city is directed to place said moneys into a special revenue fund entitled the community events fund. (Ord. 1254 § 2, 1983). 3.56.030 Authorization for disbursement of funds. Disbursements from said fund by the city trea- surer shall be made upon proper authorization by the mayor and city council. (Ord. 1254 § 3, 1983). 3-9 (Revised 8/98) 3.68.010 Chapter 3.64 Chapter 3.68 BY-PASS DEBT RESERVE FUND WATER -SEWER EQUIPMENT REPLACEMENT FUND (Repealed by Ord. 1695) Sections: 3.68.010 Created. 3.68.020 Transfer of moneys. 3.68.030 Disbursement of funds — Authorization. 3.68.010 Created. There is hereby created a fund to be known as the "water -sewer equipment replacement fund" into which moneys shall be placed from time to time as designated by the city council. (Ord. 1328 § 1, 1985). 3.68.020 Transfer of moneys. The treasurer of the city is directed to transfer $15,000 from the water -sewer operating fund as set forth in the 1985 budget adopted on December 3, 1984. (Ord. 1328 § 2, 1985). 3.68.030 Disbursement of funds — Authorization. Disbursements from the water -sewer equipment replacement fund by the city treasurer shall be made upon proper authorization by the mayor and city council. (Ord. 1328 § 3, 1985). (Revised 8/98) 3-10 Port Orchard Municipal Code 5.08.170 movement of the building, machinery or other objects; shall provide that the costs incurred by the licensee in making such rearrangements of its aerial plant will be borne by the person or persons giving notice; and shall further provide that the person or persons giving notice will indemnify and save the licensee harmless from any and all dam- ages or claims of whatsoever kind or nature caused directly or indirectly from such temporary rear- rangement of the licensee's aerial plant. (Ord. 1180 § 2, 1981). 5.08.140 Street improvements — Moving telephone apparatus. Nothing in this chapter shall be construed in any way to prevent the proper authorities of the city from sewering, grading, planking, rocking, paving, repairing, altering or improving any of the streets, alleys, avenues, thoroughfares, public highways or places within the city in or upon which the poles, wires or other conductors of the licensee shall be placed. If it becomes necessary that the poles, wires, cables or other apparatus of the licensee shall be moved in order for the city to carry out such work or improvements, the licensee shall move its poles, wires, cables and other apparatus at its own expense within a reasonable time after notice of such proposed work or improvements is given to the licensee by the city. (Ord. 1180 § 2, 1981). 5.08.150 Noncompliance — Penalty. Any person, firm or corporation subject to this chapter who fails or refuses to apply for an occupa- tional license or to make the utility tax return or to pay the utility tax when due, or who makes any false statement or representation in or in connec- tion with any application for an occupational license or such utility tax return, or otherwise vio- lates or refuses or fails to comply with this chapter, shall be guilty of a misdemeanor, and, upon con- viction thereof, shall be punished by a fine of not to exceed $500.00. Each day's offense shall be deemed a separate violation. (Ord. 1180 § 2, 1981). 5.08.160 Power of clerk to make rules and regulations. The city clerk is authorized to adopt, publish and enforce, from time to time, such rules and regula- tions for the proper administration of this chapter as shall be necessary, and it shall be a violation of this chapter to violate or to fail to comply with any such rule or regulation lawfully promulgated here- under. (Ord. 1180 § 2, 1981). 5.08.170 Validity. The invalidity or unconstitutionality of any pro- vision or section of this chapter shall not render any other provision or section of this chapter invalid or unconstitutional. (Ord. 1180 § 2, 1981). 5-9 (Revised 8/98) 5.12.010 Chapter 5.12 BUSINESS LICENSES Sections: 5.12.010 Definitions. 5.12.020 Requirements. 5.12.030 Exemptions. 5.12.040 Display of license — Transferability 5.12.050 Disclaimer of city liability. 5.12.060 Prohibited use. 5.12.070 General qualifications of licensees. 5.12.080 Application procedure. 5.12.090 Renewal. 5.12.100 Licenses for businesses located outside city limits. 5.12.110 License approval or denial. 5.12.120 Suspension or revocation procedure. 5.12.130 Exercise of power. 5.12.140 Inspections — Right of entry. 5.12.150 Notice and order. 5.12.160 Civil penalty. 5.12.170 Criminal penalties. 5.12.180 Additional relief. 5.12.010 Definitions. For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein. (1) "Business" includes all activities, occupa- tions, pursuits or professions located and/or engaged in within the city with the object of gain, benefit or advantage to the licensee or to another person or class, directly or indirectly, whether part- time or full-time. Each business location shall be deemed a separate business. For the purposes of this chapter, the owner of any apartment building or buildings containing an aggregate of 10 or more rental units located on a single or contiguous lot(s) and the owner of any business or commercial building containing any rental units shall be con- sidered to be engaged in a "business". Utility com- panies are defined as businesses. (2) "Person" means any individual, firm, part- nership, company, corporation, association, re- ceiver, assignee, trust, estate, joint venture, group, joint stock company, business trust, society or any group of individuals acting as a unit. (3) "Licensee" means any business granted a business license by the city. (4) "Premises" includes all lands, structures and places, and also any personal property which is either affixed to or is otherwise used in connection with any such business conducted on such pre- mises. (5) "City license officer" is the city treasurer, her/his designee or any city of Port Orchard police officer. (6) "Minor" means any person under 18 years of age. (7) "Nonprofit organization" means an organi- zation which has been granted nonprofit status by the Secretary of State of Washington or the Internal Revenue Service. (Ord. 1701 § 1, 1997). 5.12.020 Requirements. Any person, firm, or corporation that engages in or carries on within the city any business, profes- sion, trade or occupation designated in this chapter shall first obtain from the city a license to do so. All licenses issued pursuant to the provisions of this chapter shall be posted in a prominent location at the premises where the licensed business, profes- sion, trade or occupation is carried on. (Ord. 1701 § 2, 1997). 5.12.030 Exemptions. The following operations shall be exempt from obtaining a business license: (1) Any instrumentality of the United States, state of Washington or any political subdivision thereof, with respect to the exercise of governmen- tal functions; (2) Any person, firm, or corporation which the city is forbidden to tax by law; (3) Pursuant to RCW 36.71.090, no business li- cense shall be required of any farmer, gardener or other person to sell, deliver or peddle any fruits, vegetables, berries, eggs or any farm produce or ed- ibles raised, gathered, or produced by such person; (4) No business license shall be required of any minor engaging in a de minimis entrepreneurial venture with permission of the property owner, including but not limited to such trade and activi- ties as running a lemonade stand; (5) Accredited public or private schools, col- leges or universities, as to their education endeav- ors only; churches and other religious bodies, as to their religious activities only; fraternal organiza- tions and lodges as to their fraternal and lodge activities only; civic and charitable organizations, (Revised 8/98) 5-10 Port Orchard Municipal Code 5.12.080 including nonprofit hospitals and clinics, as to their civic and charitable activities only; but not as to any business activities by these entities; (6) Garage, yard and rummage sales; (7) Representatives from businesses located outside the city limits calling on licensed busi- nesses within the city limits for purposes of whole- sale business; (8) Vendors of books, periodicals, newspapers or others exempted by law. (Ord. 1701 § 3, 1997). 5.12.040 Display of license — Transferability. (1) Licenses to Be Posted. The city business licenses issued pursuant to this chapter shall be prominently displayed in the place of business at all times, and such license shall not be tampered with in any manner; provided however, that when the licensee has no established place of business and goes from place to place or from house to house, then such license must be carried on the per- son of such licensee while actually engaged in the licensed occupation, business or trade. (2) Licenses Not Transferable. Upon the sale or transfer of any business licensed pursuant to this chapter, the license issued to the prior owner or transferrer shall automatically expire on the date of such sale or transfer and the new owner intending to continue such business in the city shall apply for and obtain a new business license pursuant to the procedures established by this chapter prior to engaging in, conducting or operating the business. Also upon substantial change in the type of busi- ness operated, a new business license shall be required. (Ord. 1701 § 4, 1997). 5.12.050 Disclaimer of city liability. Issuance of a license pursuant to this chapter does not constitute the creation of a duty by the city to indemnify the licensee for any wrongful acts against the public, or to guarantee the quality of goods, services or expertise of a licensee. The issu- ance of a license does not shift responsibility from the licensee to the city for proper training, conduct or equipment of the licensee or his agents, employ- ees or representatives, even if specific regulations require standards of training, conduct or inspec- tion. Issuance of the license does not exempt the licensee from other required permits or licenses. (Ord. 1701 § 5, 1997). 5.12.060 Prohibited use. A license hereunder shall not be issued to any person who uses or occupies or proposes to use or occupy any real property or otherwise conducts or proposes to conduct any business in violation of the provisions of any ordinance of the city of Port Orchard or of the statutes of the state of Washing- ton. The granting of a business license shall in no way be construed as permission or acquiescence in a prohibited activity or other violation of the law. (Ord. 1701 § 6, 1997). 5.12.070 General qualifications of licensees. (1) No license shall be issued, nor shall any license be renewed, pursuant to the provisions of this chapter to: (a) An applicant who is under 18 years of age at the time of the application, unless he/she shall obtain the written consent of said applicant's parent or guardian to make said application; (b) An applicant who has had a similar license revoked or suspended, pursuant to POMC 5.12.120, or its predecessor; (c) An applicant who shall not first comply with the general laws of the state; (d) An applicant who seeks such a license in order to practice some illegal act or some act inju- rious to the public health or safety. (2) Any person, including city officials, may submit written complaints or objections to the city license officer regarding the application for any license, and that the city license officer is addition- ally authorized to request and receive information from all city departments as will tend to aid her/him in determining whether to issue or deny the license. Such information shall be confidential unless a hearing is requested on the application, or if the applicant shall request the information in writing. All information, complaints or objections shall be investigated and considered by the city license officer prior to issuing, denying or renew- ing any license. (Ord. 1701 § 7, 1997). 5.12.080 Application procedure. (1) There is no fee for a city business license. (At this time there will be no application fee, annual fee or renewal fee for a city business license. During the first year, an analysis of imple- mentation costs, ongoing costs and increased sales tax revenue, attributable to corrected reporting, will be done. If the city does not break even on ratio 5-11 (Revised 8/98) 5.12.090 of costs to revenue, fees will be charged in the future.) (2) Application for a business license shall be made at the office of the city license officer on a form to be furnished for that purpose. Each such application shall be signed by the person, or other authorized representative of the business, firm or corporation to be licensed. (3) A license shall be issued after the applica- tion has been fully completed and all applicable or- dinances have been fully complied with. In addition, any business requiring a state or federal li- cense shall obtain said licenses and provide the city with proof of their issuance prior to the issuance of a city business license or any renewal thereof. (4) Business licenses shall be granted annually, and are due July 1 st. (5) Neither the filing of a new or renewal appli- cation for a license shall authorize a person to engage in or conduct a business until such license has been granted or renewed. (6) Any business relocating to another address in the city shall reapply to have a new business license reissued to reflect the new address. (7) If more than one business is conducted on a single premises, a separate license shall be required for each separate business conducted, operated, engaged in or practiced. (8) A master business license will be issued to the owner of a business complex which has deal- ers/stations utilizing a common single cashiering function. The owner shall provide a list of the State Department of Revenue tax numbers for all ten- ants. (Ord. 1701 § 8, 1997). 5.12.090 Renewal. Applications for renewal of business licenses must be completed and returned to the city license officer prior to July 1st of each year. The city license officer shall send a renewal notice to each licensee at the last address provided to the city. Failure of the licensee to receive any such form shall not excuse the licensee from making applica- tion for and securing the required renewal license. A business license shall expire on June 30th of the year following issuance, if not renewed as described herein. A penalty of $10.00 per month, which shall not be prorated, shall be assessed on any delinquent license renewal which has not been made on or before August 1 st of any year. (Ord. 1701 § 9, 1997). 5.12.100 Licenses for businesses located outside city limits. Businesses located outside the city conducting mobile direct retail sales and/or mobile service (repairs, tool sale vans, etc.) shall apply for a busi- ness license. Peddlers and hawkers shall apply for a business license. Businesses whose activities require a permit issued under the jurisdiction of the Uniform Building Codes shall apply for a business license. (Ord. 1701 § 10, 1997). 5.12.110 License approval or denial. The city license officer shall issue business li- censes to all persons who submit an application and are qualified under the requirements of this chapter and shall: (1) Submit all applications to the planning department, building department, fire authority, public works department, utility department and police department for their endorsements as to compliance by applicant with all city regulations which they have the duty of enforcing. (2) A business license shall be issued 10 calen- dar days after the completed application has been filed. (3) A business license shall only be issued if none of the conditions listed in POMC 5.12.120(1)(a) through (f) exist or apply to the license applicant or premises proposed to be licensed. (4) The city license officer shall notify the applicant in writing by mail, return receipt requested, of the denial of the application and the grounds therefor. Within 15 calendar days after the city license officer's decision, the applicant may request an appeal and hearing before the city coun- cil, by filing a written notice of appeal and paying the appeal fee of $200.00. The city licensing officer shall notify the applicant by mail, return receipt requested, of the time and place of the hear- ing. If request for hearing is not received within the time specified, the license officer's decision shall be final. The appeal fee shall be refundable only if the city council finds in favor of the applicant. (5) If an application for a business license is denied and the applicant has filed a timely appeal of such denial, the applicant may continue to con- duct business during the pendency of the appeal. (Ord. 1701 § 11, 1997). (Revised 8/98) 5-12 Port Orchard Municipal Code 5.12.140 5.12.120 Suspension or revocation procedure. (1) In addition to the other penalties provided herein or by law, any business license issued under the provisions of this chapter may be revoked or suspended, should any or all of the following con- ditions apply: (a) The license was procured by fraud, false representation, or material omission of fact; or (b) The licensee or any of its employees, officers, agents or servants, while acting within the scope of their employment, violates or fails to com- ply with any of the provisions of this chapter; or (c) The licensee's continued conduct of the business for which the license was issued has or will result in a danger to the public health, safety or welfare, or the violation of any federal or state law or any ordinance or regulation of the city; or (d) The licensee has been convicted in any court of violating any federal, state or city statute, law, regulation or ordinance upon the business pre- mises stated in the license; or (e) The place of business does not conform to city ordinance; or (f) The license is being used for a purpose different from that for which it was issued. (2) Whenever the city license officer deter- mines that there is cause for suspending or revok- ing any license issued pursuant to this chapter, the officer shall notify the person holding the license by mail, return receipt requested, of the determina- tion. Notice mailed to the address on the license shall be deemed received three days after mailing. The notice shall specify the grounds for suspen- sion, denial or revocation. (3) The licensee may appeal the decision of the city officer to deny or revoke a business license by filing a written notice of appeal to the city council and paying the appeal fee of $200.00 within 15 cal- endar days of the city license officer's decision. (4) Upon timely receipt of the notice of appeal, the city license officer shall set a date for hearing the appeal. The city license officer shall mail notice of the date of the hearing to the licensee at least 15 calendar days prior to the hearing date. (5) The hearing shall be de novo. The city coun- cil may affirm, reverse or modify the city license officer's decision. The appeal fee shall be refund- able only if the city council finds in favor of the applicant. (6) The decision of the city council shall be final. Any person desiring to appeal must file the appropriate action in Kitsap County superior court within 15 calendar days of the city council's deci- sion. (7) It is unlawful for any such person whose city business license has been revoked or sus- pended to continue operation of the business enter- prise, or to keep the license issued to him/her in his/her possession and control, and the same shall immediately be surrendered to the city license officer. Following revocation, no business license shall be issued for a period of 12 months to the per- son or business entity whose license was revoked, or to any business entity owned or controlled by such person or entity. (Ord. 1701 § 12, 1997). 5.12.130 Exercise of power. This chapter shall be deemed an exercise of the power of the city to license for revenue and regula- tion, and nothing in this chapter shall be construed to repeal or affect any other ordinance of the city which purports to regulate some business or activ- ity pursuant to the general police power of the city, notwithstanding the fact that such ordinance may or might contain provisions relating to the licens- ing of such activity. (Ord. 1701 § 13, 1997). 5.12.140 Inspections — Right of entry. (1) The city license officer or any police officer is authorized to make such inspections and take such action as may be required to enforce the pro- visions of this chapter. (2) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever a city license officer has reasonable cause to believe that a licensee is operating in vio- lation of this chapter, a license officer may enter the licensee's place of business at all reasonable times to inspect the same or perform any duty imposed on the license officer by this chapter; pro- vided that: (a) If the place of business is occupied, a license officer shall first present proper credentials and demand entry; and (b) If the place of business is unoccupied, a license officer shall first make a reasonable effort to locate the licensee or other persons having charge or control of the place of business and demand entry; and (c) If entry is refused, a license officer shall have recourse to the remedies provided by law to secure entry. (Ord. 1701 § 14, 1997). 5-13 (Revised 8/98) 5.12.150 5.12.150 Notice and order. (1) Issuance. The city license officer shall issue a notice and order, directed to the licensee or owner of the premises determined to be in violation of any of the terms and provisions of this chapter. The notice and order shall contain: (a) The street address, when available, and a Kitsap County tax account number for identifica- tion of the premises upon which the violation has occurred; (b) A statement that a license officer has found the conduct of the licensee or condition of the premises to be in violation of this chapter, with a brief and concise description of the conditions found to render such licensee or premises in viola- tion; (c) A statement of any action required to be taken to comply with this chapter, as determined by a city license officer. If the license officer has determined to assess a civil penalty, the order shall require that the penalty shall be paid within a time certain from the date of order; (d) A statement of any action taken by a city license officer; (e) Statement advising: (i) That the person may appeal from the notice and order to the city council; provided, that the appeal is made in writing as provided in this chapter and filed with the city license officer within 15 calendar days from the date of service of such notice and order; and (ii) The failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. (2) Method of Service. The notice and order shall be served upon the licensee either personally or by mailing a copy of such notice and order by mail, return receipt requested, to such licensee at his/her address as it appears on the most recent business license application. The failure of any person to receive such notice shall not affect the validity of any proceedings taken under this sec- tion. Service by mail in the manner herein provided shall be effective on the date of mailing. (3) Appeals. Appeals of any notice and order and any penalty imposed hereunder may be brought by any person entitled to service of the notice and order within 15 calendar days after ser- vice of the notice and order. Such requests for an appeal and hearing shall be filed with the city license officer, and be accompanied by the appeal fee of $200.00. The city license officer shall notify the applicant by mail of the time and place of the hearing before the city council. The appeal fee shall be refundable only if the city council finds in favor of the applicant. (Ord. 1701 § 15, 1997). 5.12.160 Civil penalty. (1) In addition to or as an alternative to any other penalty provided herein or by law, civil pen- alties shall be assessed against any licensee or per- son who violates any provision of this chapter as follows: (a) Operation of Business Without a License. The penalty for operation of a business without a license shall be assessed by the city license officer in an amount not to exceed $500.00 for every 30-day period in violation. This penalty shall not apply to business enterprises failing to renew their business license as set forth in subsec- tion (1)(b) of this section. (b) Operation of Business After License Expiration. Failure to renew the license within 30 days after the date of expiration shall subject the licensee to the penalty set forth in POMC 5.12.090 to reinstate the license. (c) Violations of the Business License Chapter. The penalty for violations of this chapter shall be assessed by the city license officer in an amount not to exceed $500.00. (2) The city license officer may vary the amount of the penalty to be assessed in subsections (1)(a) and (c) of this section, upon consideration of the appropriateness of the penalty to the size of the business of the violator; the gravity of the viola- tion; the number of the past and present violations committed and the good faith of the violator in attempting to achieve compliance after notification of the violation. (Ord. 1701 § 16, 1997). 5.12.170 Criminal penalties. Any person violating or failing to comply with any of the provisions of this business license chap- ter, and who has had a civil penalty entered against him or her pursuant to POMC 5.12.160 within the past five years, shall be subject to criminal prose- cution and upon conviction of a subsequent viola- tion, shall be fined in a sum not exceeding $1,000. Each day of noncompliance with any of the provi- (Revised 8/98) 5-14 Port Orchard Municipal Code 5.20.030 sions of this chapter shall constitute a separate offense. (Ord. 1701 § 17, 1997). 5.12.180 Additional relief. The city license officer may seek legal or equi- table relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this chapter when civil or criminal pen- alties are inadequate to effect compliance. (Ord. 1701 § 18, 1997). Chapter 5.20 SHOWS, DANCES AND PUBLIC AMUSEMENTS Sections: 5.20.010 License required for dances and shows. 5.20.020 Shows or public amusements — Daily license fee. 5.20.030 Dances — Daily license fee. 5.20.040 License issued by clerk. 5.20.050 Exemptions. 5.20.010 License required for dances and shows. No person shall run, manage, operate or conduct or in any manner assist in running, managing, oper- ating or conducting any show, dance or other pub- lic amusement of any name, nature or description within the city limits without first obtaining a license from the city clerk. (Ord. 341 § 1, 1921). 5.20.020 Shows or public amusements — Daily license fee. The proprietor, manager or agent of any kind of show or public amusement shall pay a license fee of $5.00 per day. If however, the show or public amusement shall be a permanent amusement or show establishment in the city no license fee shall be required. No establishment shall be deemed a permanent amusement or show establishment unless the city council shall find by resolution after a public hearing that the applicant is the operator, manager or agent of a permanent show or public amusement in the city. (Ord. 570 § 1, 1950; Ord. 341 § 2, 1921). 5.20.030 Dances — Daily license fee. The proprietor, manager or agent of every form of public dance shall pay a license fee of $5.00 per day. If however, the public dance is a permanent dance in the city, the proprietor, manager or agent may pay a quarterly license fee of $25.00 a quarter. No quarterly license fee shall be granted prior to a resolution by the city council after a public hearing finding that the applicant is the operator, manager or agent of a permanent public dance in the city. (Ord. 570 § 2, 1950; Ord. 341 § 3, 1921). 5-15 (Revised 8/98) 5.20.040 5.20.040 License issued by clerk. All licenses shall be issued by the clerk, who shall account to the treasurer for all moneys received, and he shall be invested with discretion, for good and sufficient cause, to refuse to issue any license. (Ord. 341 § 4, 1921). 5.20.050 Exemptions. This chapter shall not be applicable to any show, dance, or other public amusement conducted by any church, school, fraternal, patriotic or charitable organizations, or to any celebration when such cel- ebration is approved by the council, or to any form of amusement by other provisions of this code. (Ord. 341 § 5, 1921). Chapter 5.22 ADMISSIONS TAX Sections: 5.22.010 Levied. 5.22.020 Jurisdiction. 5.22.030 Definitions. 5.22.040 Imposition. 5.22.050 Exemptions. 5.22.060 Accounting for admission. 5.22.070 Collection and payment. 5.22.080 Penalty for late payment. 5.22.090 Registration required. 5.22.100 Successor to business. 5.22.110 Recordkeeping. 5.22.120 Rules and regulations adopted by treasurer. 5.22.130 Violation — Penalty. 5.22.010 Levied. The city does levy and fix an admissions tax and provide for the collection thereof pursuant to this chapter. (Ord. 1449 § 1, 1989). 5.22.020 Jurisdiction. The admissions tax enacted by this chapter shall be imposed in the city. (Ord. 1449 § 14, 1989). 5.22.030 Definitions. For purposes of this chapter, words and phrases shall have the following meanings: (1) "Admissions charge," in addition to its usual and ordinary meaning, includes but shall not be limited to a charge made for use of seats and tables, reserved or otherwise and other similar accommodations. (2) "City" means the city of Port Orchard, state of Washington. (3) "Nonprofit organization" means any orga- nization organized and operated for charitable, educational or other purposes, which is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1954, as amended. (4) "Person" means any individual, receiver, assignee, firm, partnership, joint stock company, association, society, corporation or any group of individuals acting as a unit whether mutual, coop- erative, fraternal, nonprofit or otherwise. (Revised 8/98) 5-16 Port Orchard Municipal Code 5.36.070 Chapter 5.36 JUNK DEALERS Sections: 5.36.010 Junk defined. 5.36.020 Record of transactions to be kept. 5.36.030 Purchase from minors. 5.36.040 Holding period for item purchased. 5.36.050 Inspection of premises. 5.36.060 Employer liable for servant's act. 5.36.070 Revocation of license. 5.36.010 Junk defined. The work "junk" as used in this chapter means and includes old rope, brass, copper, lead, tin, rags, old iron, empty bottles, paper, bagging, parts of machinery, scrap metals of all kinds, and such other worn-out or discarded materials and odds and ends that are bought up by junk dealers and are commonly called junk. (Ord. 274 § 1, 1916). 5.36.020 Record of transactions to be kept. Every junk dealer shall provide and keep a book in which shall be plainly written in ink and in the English language at the time of every purchase an accurate description of the article purchased, the name and residence of the person from whom such purchase was made; the day and hour of such pur- chase and the place where it is being kept or stored. The book shall at all times reasonable, be open for inspection by the chief of police or other officials of the city. No entry made in the book shall be erased or in any manner obliterated or defaced. (Ord. 274 § 3, 1916). 5.36.030 Purchase from minors. It shall be unlawful for any junk dealer to pur- chase any junk from any minor under the age of 18 years of age. (Ord. 274 § 4, 1916). 5.36.040 Holding period for item purchased. It shall be unlawful for any junk dealer to sell or expose for sale any junk within three days from the time of purchasing or receiving the same, nor until it has been in or upon the premises where it is kept or stored for at least three days. (Ord. 274 § 5, 1916). 5.36.050 Inspection of premises. It shall be unlawful for any junk dealer to refuse to allow any city official to inspect his place of business and all articles or things kept therein whenever such officer shall deem it necessary so to do. (Ord. 274 § 6, 1916). 5.36.060 Employer liable for servant's act. The act of the servant or employee of a junk dealer shall be deemed to be the act of the employer. (Ord. 274 § 7, 1916). 5.36.070 Revocation of license. The council may revoke any license issued here- under when it shall appear that the licensee has been guilty of violating any of the provisions of this chapter. In case of the revocation of any license the unearned portion of the license fee shall be forfeited to the city. (Ord. 274 § 9, 1916). 5-25 (Revised 8/98) 5.40.010 Chapter 5.40 PAWNBROKERS Sections: 5.40.010 Definitions. 5.40.020 Pawnbroker's license required. 5.40.030 Fixed place of business required. 5.40.040 Exemption. 5.40.050 Application for license. 5.40.060 Criteria for denial, nonrenewal, suspension or revocation of license. 5.40.070 Request for hearing. 5.40.080 Transfer of license upon transfer of business. 5.40.090 Duty to record information. 5.40.100 Transcript of pawnbroker's record. 5.40.110 Duties upon notification that property is reported stolen. 5.40.120 Retention of property by pawnbrokers — Inspection. 5.40.130 Pawnbrokers — Sale of pledged property limited — Written document required for transactions. 5.40.140 Interest rates of goods held. 5.40.150 Operation at night. 5.40.160 Ammunition sales or storage. 5.40.170 Prohibited acts — Penalty. 5.40.010 Definitions. For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein: (1) "Antique" means any item of personal prop- erty reasonably identifiable as being more than 50 years old. (2) "Bullion" means a form of precious metal or alloy thereof, such as gold, silver, palladium or platinum, traded for its intrinsic value in its manu- factured form, such as ingots, bars or coins, and including either a serial number or a stamp from the manufacturer. (3) "Pawnbroker" means any person who owns and/or manages a business that is engaged, in whole or in part, in the business of loaning money upon the security of deposits or pledges of personal property. (Ord. 1723 § 3, 1998). 5.40.020 Pawnbroker's license required. It shall be a violation of this chapter for any per- son to own and/or manage a business that is engaged in the business of pawnbroker, or to con- duct a pawnshop, without first obtaining a regula- tory license in addition to a business license. Each premises shall require a separate regulatory license. The fee for a pawnbroker's license is $100.00 per year. (Ord. 1723 § 4, 1998). 5.40.030 Fixed place of business required. No person may operate a pawnbroker business unless the person maintains a fixed place of busi- ness within the city. (Ord. 1723 § 5, 1998). 5.40.040 Exemption. This chapter shall not apply to any bona fide charitable or nonprofit organization, nor shall it apply to any merchants or dealers whose business is limited to used or secondhand clothing. (Ord. 1723 § 6, 1998). 5.40.050 Application for license. (1) All applications for issuance of a pawnbro- ker's license shall be made to and filed with the city clerk on forms furnished for such purpose, and shall be accompanied by the required fee. This applica- tion shall state the true name of the applicant, who shall not be less than 18 years of age, the names of all persons having financial, proprietary or other interest in such pawnshop, together with such other information as the city clerk deems appropriate for evaluating the application pursuant to this chapter. Any pawnbroker now in business shall apply for such license as provided herein within 30 days after the effective date of the ordinance codified in this chapter. Any pawnbroker operating in a newly annexed area of the city shall within 30 days after the effective date of annexation submit an applica- tion with required fee prescribed herein. (2) Upon filing of an application, it shall then be referred to the Port Orchard police department for investigation, report and recommendation. Within 30 days after receipt of a copy of the appli- cation, the police department shall investigate the statements set forth in the application and report to the city clerk whether the application contains false, misleading, or incomplete information. The police department shall, at the same time and as part of its report to the city clerk, render a written recommendation as to approval or denial of the application for permit or renewal thereof. (3) Within 30 days after receiving the report and recommendation from the police department, (Revised 8/98) 5-26 Port Orchard Municipal Code 5.40.090 the city clerk shall grant or deny the permit or renewal thereof. If, from the information contained in the application, it appears that the application is proper and the statements contained in the applica- tion are true and complete, and that the applicant is in compliance with all requirements and criteria set forth in the Port Orchard Municipal Code, the city clerk shall issue a license. (Ord. 1723 § 7, 1998). 5.40.060 Criteria for denial, nonrenewal, suspension or revocation of license. The city clerk may deny a license to any appli- cant or may suspend or revoke any and all licenses of any holder when such person, or any person with an interest in the application for or holder of such license: (1) Has been convicted of burglary, robbery, theft, or possession of or receiving stolen property within the past 10 years; (2) Has obtained a pawnbroker license by fraud, misrepresentation, concealment, or through inadvertence or mistake; (3) Has failed to display a pawnbroker license on the premises where the licensed activity is con- ducted at all times during the conduct of business; (4) Has failed to timely pay its pawnbroker license fee pursuant to this chapter; (5) Makes a misrepresentation of or fails to dis- close a material fact to the city; (6) Has been convicted of a violation of this chapter or a violation of this section. A licensee shall have his license suspended for 30 days for the first violation, 90 days for the sec- ond violation; and upon the third violation in any 12-month period, the pawnbroker's license shall be revoked. (Ord. 1723 § 8, 1998). 5.40.070 Request for hearing. When the city clerk determines that there is cause for denying, suspending or revoking any license issued pursuant to this chapter, the clerk shall notify the person holding such license by reg- istered or certified mail, return receipt requested, of the clerk's decision. Notice mailed to the address on file shall be deemed received three days after mailing. The notice shall specify the grounds for denial, suspension or revocation and outline the requirements for appeal. The suspension or revoca- tion shall become effective 10 days from the day the notice is delivered or deemed received unless the person affected thereby files a written request with the city clerk for a hearing before the city council within such 10-day period. The city coun- cil shall set and hold a hearing within 30 days fol- lowing receipt of such a request. Appeal from a decision of the city council shall be to the Kitsap County superior court and must be served and filed within 30 days of the decision of the city council. Failure to follow the procedures set forth will result in the action being final. (Ord. 1723 § 9, 1998). 5.40.080 Transfer of license upon transfer of business. In the event a pawnbroking business is sold in its entirety, the new owner must complete the applica- tion process above. (Ord. 1723 § 10, 1998). 5.40.090 Duty to record information. (1) Every pawnbroker doing business in the city of Port Orchard shall maintain wherever that business is conducted a record in which shall be legibly written in the English language, at the time of each transaction the following information: (a) The date of the transaction; (b) The name of the person or employee or the identification number of the person or employee conducting the transaction; (c) The name, date of birth, sex, height, weight, race, and address and telephone number of the person with whom the transaction is made; (d) A complete description of the property pledged, bought, or consigned, including the brand name, serial number, model number or name, any initials or engraving, size, pattern, and color or stone or stones, and in the case of firearms, the cal- iber, barrel length, type of action, and whether it is a pistol, rifle, or shotgun; (e) The price paid or the amount loaned; (f) The type and identifying number of iden- tification used by the person with whom the trans- action was made, which shall consist of a valid driver's license or identification card issued by any state or two pieces of identification issued by a governmental agency, one of which shall be descriptive of the person identified. At all times, one piece of current government -issued picture identification will be required; and (g) The nature of the transaction, a number identifying the transaction, the store identification as designated by the applicable law enforcement agency, or the name and address if the business and 5-27 (Revised 8/98) 5.40.100 the name of the person or employee, conducting the transaction, and the location of the property. (2) This record shall at all times during the ordi- nary hours of business, or at reasonable times if ordinary hours of business are not kept, be open to the inspection of any commissioned law enforce- ment officer of the state or any of its political sub- divisions, and shall be maintained wherever that business is conducted for three years following the date of the transaction. (Ord. 1723 § 11, 1998). 5.40.100 Transcript of pawnbroker's record. (1) Every pawnbroker shall, before 12:00 noon of every business day furnish a full, true and cor- rect transcript of the record of all transactions con- ducted on the preceding day. These transactions shall be recorded on such forms as may be pro- vided and in such format as may be required by the chief of police. (2) If a pawnbroker has good cause to believe that any property in his or her possession has been previously lost or stolen, the pawnbroker shall promptly report that fact to the chief of police, together with the name of the owner, if known, and the date when, and the name of the person from whom it was received. (Ord. 1723 § 12, 1998). 5.40.110 Duties upon notification that property is reported stolen. Following notification from a law enforcement agency that an item of property has been reported as stolen, the pawnbroker shall hold that property intact and safe from alteration, damage or commin- gling. The pawnbroker shall place an identifying tag or other suitable identification upon the prop- erty so held. Property held shall not be released for 120 days from the date of police notification unless released by written consent of the applicable law enforcement agency or by order of a court of com- petent jurisdiction. In cases where the applicable law enforcement agency has placed a verbal hold on an item, that agency must then give written notice within 10 business days. If such written notice is not received within that period of time, then the hold order will cease. The pawnbroker shall give a 20-day written notice before the expi- ration of the 120-day holding period to the applica- ble law enforcement agency about the stolen property. If notice is not given within 20 days, then the hold on the property shall continue for an addi- tional 120 days. The applicable law enforcement agency may renew the holding period for addi- tional 120-day period as necessary. After the receipt of notification from a pawnbroker, if an additional holding is required, the applicable law enforcement agency shall give the pawnbroker written notice, prior to the expiration of the exist- ing hold order. A law enforcement agency shall not place on hold any item of personal property unless that agency reasonably suspects that the item of personal property is a lost or stolen item. Any hold that is placed on an item will be removed as soon as practicable after the item on hold is determined not to be stolen or lost. (Ord. 1723 § 13, 1998). 5.40.120 Retention of property by pawnbrokers — Inspection. Property bought or received in pledge by any pawnbroker shall not be removed from that place of business, except when redeemed by, or returned to the owner, within 30 days after the receipt of the property. Property shall at all times during the ordi- nary hours of business be open to inspection to any commissioned law enforcement officer of the state or any of its political subdivisions. (Ord. 1723 § 14, 1998). 5.40.130 Pawnbrokers — Sale of pledged property limited — Written document required for transactions. (1) The term of the loan shall be for a period of 30 days to include the date of the loan. (2) A pawnbroker shall not sell any property received in pledge, until both the term of the loan and a grace period of a minimum of 60 days have expired. However, if a pledged article is not redeemed within the 90-day period of the term of the loan and the grace period, the pawnbroker shall have all rights, title, and interest of that item of per- sonal property. The pawnbroker shall not be required to account for the pledge or for the pro- ceeds received from the disposition of that item. Any provision of law relating to the foreclosures and the subsequent sale of forfeited pledged items, shall not be applicable to any pledge as defined under this chapter, the title to which is transferred in accordance with this section. (3) Every loan transaction entered into by a pawnbroker shall be evidenced by a written docu- ment a copy of which shall be furnished to the pledgor. The document shall set forth the term of the loan; the final date on which the loan is due and (Revised 8/98) 5-28 Port Orchard Municipal Code 5.40.170 payable; the loan preparation fee; the amount of interest charged every 30 days; the total amount due including the principal amount, the preparation fee, and all interest charges due if the loan is outstand- ing for the full 90 days allowed by the term and minimum grace period; and the annual percentage rate, and shall inform the pledgor of the pledgor's right to redeem the pledge at any time within the term of the loan or the minimum 60-day grace period. (4) If a person who has entered into a loan transaction with a pawnbroker in this state is unable to redeem and repay the loan on or before the expiration of the term of the loan plus the min- imum 60-day grace period, and that person wishes to retain his or her rights to use that item by renew- ing the loan, and if both parties mutually agree, an existing loan transaction may be rewritten into a new loan, either in person or by mail. All applica- ble provisions of this chapter shall be followed in rewriting a loan, except that where an existing loan is rewritten by mail RCW 19.60.020(1)(a) and (g) shall not apply. (Ord. 1723 § 15, 1998). 5.40.140 Interest rates of goods held. All pawnbrokers are authorized to charge and receive interest and other fees for the loan of money on the security of personal property actually received in pledge as allowed by Chapter 19.60 RCW or any successor statute; and every person who asks or receives a higher rate of interest or fees on any such loan, or on any actual or purported sale or redemption of personal property, or who sells any property held for redemption within the 90-day period of both the term of the loan and the grace period provided for by Chapter 19.60 RCW, is guilty of a violation of this chapter. (Ord. 1723 § 16, 1998). 5.40.150 Operation at night. It shall be unlawful for any pawnbroker to con- duct or carry on the business of pawnbroker, in whole or in part, directly or indirectly, or to open, or keep open, his pawnshop for the transaction of any business whatsoever therein, between the hours of 7:00 p.m. and 7:00 a.m. except from December 15th to December 25th of each year, and on Satur- days, when pawnbrokers may remain open until, but not later than 10:00 p.m. (Ord. 1723 § 17, 1998). 5.40.160 Ammunition sales or storage. It is unlawful for any pawnbroker or pawnshop to purchase, store or offer for sale or trade, any fire- arms ammunition. (Ord. 1723 § 18, 1998). 5.40.170 Prohibited acts — Penalty. It is a gross misdemeanor, punishable by not more than one year in jail and a $5,000 fine for: (1) Any person to remove, alter, or obliterate any manufacturer's make, model, or serial number, personal identification number, or identifying marks engraved or etched upon an item of personal property that was purchased, consigned or received in pledge. In addition an item shall not be accepted for pledge or a secondhand purchase where the manufacturer's make, model, or serial number, personal identification number, or identifying marks engraved or etched upon an item of personal property has been removed, altered, or obliterated; (2) Any person to knowingly make, cause, or allow to be made any false entry or misstatement of any material in any book, record, or writing required to be kept under this chapter; (3) Any pawnbroker to receive any property from any person under the age of 18 years, any per- son under the influence of intoxicating liquor or drugs, or from any person who is known to the pawnbroker as having been convicted of burglary, robbery, theft, or possession of or receiving stolen property within the past 10 years whether the per- son is acting in his or her own behalf or as the agent of another; (4) Any pawnbroker to engage in the business of cashing or selling checks, drafts, money orders, or other commercial paper serving the same pur- pose unless the pawnbroker complies with the pro- visions of Chapter 31.45 RCW; or (5) Any person to violate knowingly any other provision of this chapter. (Ord. 1723 § 19, 1998). 5-28.1 (Revised 8/98) 5.44.010 Chapter 5.44 PEDDLERS AND HAWKERS Sections: 5.44.010 Peddler defined. 5.44.020 Hawker defined. 5.44.030 License required to peddle or hawk. 5.44.040 Peddler's license fee. 5.44.050 Hawker's license fee. 5.44.060 Issuance of peddler's license. 5.44.070 Issuance of hawker's license. 5.44.080 Receipts for license shown upon demand. 5.44.010 Peddler defined. Any person, either as principal or agent, who carries goods, wares and merchandise, articles, things or personal property of whatsoever name, nature or description, from house to house or place to place or upon any street, highway or public place within the city, for sale is defined to be a peddler within the meaning of this chapter. Any person who goes from house to house, dwelling place to dwelling place or upon any public street, highway or public place within the city, soliciting or taking orders for the purchase or sale of goods, wares or merchandise, articles, things or personal property of whatsoever name, nature or description to be delivered in future, is also defined to be a peddler within the meaning of this chapter. (Ord. 392 § 1, 1931). 5.44.020 Hawker defined. Every person, either as principal or agent, sell- ing, or offering for sale, any goods, wares or mer- chandise, articles, things or personal property of whatsoever name, nature, or description, by ped- dling the same from house to house, or upon any street, highway or public place, who shall make public outcry, or give any musical or other public entertainment or make any public speech to draw custom or attract notice, is defined to be a hawker within the meaning of this chapter. (Ord. 392 § 2, 1931). 5.44.030 License required to peddle or hawk. It shall be unlawful for any person to hawk or peddle any article or thing of value, or goods or merchandise, or engage in the business of hawking or peddling within the city, as defined in POMC 5.44.010 and 5.44.020, without first having obtained a license in the manner hereinafter pre- scribed; provided, however, nothing in this chapter shall apply to peddlers of agricultural, horticultural or farm products which they may grow or raise, or to vendors of books, periodicals or newspapers. (Ord. 392 § 3, 1931). 5.44.040 Peddler's license fee. The license fee to be paid by any person desiring to engage in the business of peddler, as defined in POMC 5.44.010 shall be $2.00 per day, or if the license sought to be procured to engage in the busi- ness of peddler is for the period of one month, the license fee shall be $25.00 per month; provided, however, that no license shall be granted for a longer period than one month. (Ord. 392 § 4, 1931). 5.44.050 Hawker's license fee. The license fee to be paid by any person desiring to engage in the business of hawker, as defined in POMC 5.44.020, shall be $2.00 per day, or if license sought to be procured to engage in the busi- ness of hawker is for the period of one month, the license fee shall be $25.00 per month; provided, however, that no license shall be granted for a longer period than one month. (Ord. 392 § 5, 1931). 5.44.060 Issuance of peddler's license. Any person desiring to engage in the business of peddler as defined in POMC 5.44.010, shall make payment in advance to the clerk, at the rates speci- fied in POMC 5.44.040, and his receipt shall oper- ate as a license for the time specified thereon. (Ord. 392 § 6, 1931). 5.44.070 Issuance of hawker's license. Any person desiring to engage in the business of hawker, as defined in POMC 5.44.020, within the city, shall make payment in advance to the clerk, at the rates specified in POMC 5.44.050, and his receipt shall operate as a license for the time spec- ified thereon. (Ord. 392 § 7, 1931). 5.44.080 Receipts for license shown upon demand. Any person obtaining a license from the clerk shall, upon demand by any police officer, produce the license for inspection. (Ord. 392 § 8, 1931). (Revised 8/98) 5-28.2 Port Orchard Municipal Code 5.56.290 departure, as determined by the taxi's speedome- ter. All speedometers shall be subject to inspection by the city for accuracy at any reasonable time; provided, however, that the hourly rate set forth in POMC 5.56.240 may be used at the option of the passenger or passengers. (Ord. 781 § 2, 1967; Ord. 507 § 16, 1944). 5.56.230 Maximum rates — Waiting time — Return charges prohibited. (1) No person owning, operating or controlling any taxicab within the city limits shall charge to exceed the following rates: (a) Beginning at Bay and Sidney for the first one-half mile or fraction thereof, $1.00; (b) For each succeeding mile or fraction thereof, $1.50; (c) For each additional person for the whole journey, $0.50; if not together charge as two sepa- rate fares; (d) For waiting time, the time will be pro- rated at the rate of $20.00 per hour; (e) No charge will be made for children under the age of six years when accompanied by his/her parent, guardian or other paying passenger; (f) "Waiting time" includes the time when the taxicab is not in motion, beginning with the arrival at the place to which it has been called, or the time consumed while standing at the direction of the passenger, but no charge will be made for time lost for inefficiency of the taxicab or its oper- ator, or for the time consumed for premature response to a call; (g) Stops made by customers/passengers will be charged at $0.50 per stop; (h) Charges for car jump shall be a normal charge to scene plus $5.00. If car does not start, charge shall be $2.50 plus trip charge; (i) There shall be an extra charge of $1.00 for wheelchairs or for three or more pieces of bag- gage; 0) No return charge whatsoever shall be made for any distance traveled within the city regardless of the commencement or finish of the trip. (Ord. 1228 § 1, 1983; Ord. 1226 § 1, 1983; Ord. 881 § 1, 1971; Ord. 781 § 3, 1967; Ord. 507 § 17, 1944). 5.56.240 Hourly rates. Taxicabs operated for hire by the hour shall not charge rates in excess of the following: (1) For the first 15 minutes, or fraction thereof, $5.00; (2) For the first hour, $20.00; (3) For 15 minute periods or fractions thereafter not totaling a full hour, a rate of $4.00. (Ord. 1226 § 1, 1983; Ord. 781 § 3, 1967; Ord. 507 § 17, 1944). 5.56.250 Driver to furnish receipt on demand. If demanded by the passenger, the driver in charge of the taxicab shall deliver to the person paying for the hiring of the same at the time of such payment a receipt therefor in legible type or writ- ing containing the name of the owner, the city license number or the driver's city license number, and any items for which a charge is made, the total amount paid and the date of payment. (Ord. 781 § 3, 1967; Ord. 507 § 17, 1944). 5.56.260 Refusal of employment without advance payment — Carrying additional passengers. Every driver of a taxicab shall have the right to demand payment of the legal fare in advance and may refuse employment unless it be prepaid, but no driver of a taxicab shall otherwise refuse or neglect to convey any orderly person or persons upon request anywhere in the city unless previously engaged or unable to do so. No driver of a taxicab shall carry any other person than the passenger first employing the taxicab without the consent of such passenger. (Ord. 507 § 18, 1944). 5.56.270 Fare disputes. All disputes as to fares shall be determined by the officer in charge of the central police station and both passenger and driver shall comply with such determination. (Ord. 507 § 19, 1944). 5.56.280 Overcharging prohibited. No person owning, operating, or controlling a taxicab shall charge or attempt to charge any pas- senger a greater rate of fare than that to which enti- tled under the provisions of this chapter. (Ord. 507 § 20, 1944). 5.56.290 Revocation or suspension of license, procedure. (1) Licenses issued pursuant to the provisions or this chapter may be revoked or suspended by resolution of the council whenever it shall find that 5-33 (Revised 8/98) 5.56.300 the licensee or any agent, servant or employee of such licensee has violated the provisions of this chapter or permitted the same to be violated; pro- vided, however, no such license shall be revoked or suspended unless charges in writing shall first have been filed with the clerk setting forth with reason- able certainty the nature of such charges against the licensee. Upon the filing of charges as aforesaid the council shall fix a time and place for the hearing of the charges, and a copy of the charges as filed, together with notice of the time and place of hear- ing, shall be served upon the licensee at least five days prior to the date fixed by the council for the hearing. (2) Any notice provided for in this section shall be served, either (a) by delivering copy personally to the licensee, or (b) by leaving a copy with some person of suitable age and discretion at the place of business of the licensee, or if no such person be found at the place of business of the licensee, by leaving such notice in a conspicuous place on the premises, and mailing a copy of the notice to the licensee at his place of business as set forth in his application for license. At the hearing on said charges the licensee shall have the right to appear and defend the charges and if he so desires, to be represented by counsel. (Ord. 507 § 21, 1994). 5.56.300 Right of revocation stated on license — Refund of license fee on revocation. Every license issued under the provisions of this chapter shall state in substance that such license is issued in consideration of the fees paid therefor and the right of the council to revoke or suspend such license pursuant to the provisions of this chapter. Upon the revocation of any license for cause the unearned portion of the license fee shall be returned to the licensee. (Ord. 507 § 22, 1944). Chapter 5.60 SAFE AND SANE FIREWORKS Sections: 5.60.010 Sales license required — Fee. 5.60.020 Conditions for license issuance. 5.60.030 Temporary stands. 5.60.040 Number of licenses and stands limited. 5.60.050 Exploding fireworks legal period designated. 5.60.060 Chapter supplementary to state law. 5.60.070 Violations — Penalty. 5.60.080 Enforcement by fire authority. 5.60.010 Sales license required — Fee. It shall be unlawful for any person to engage in the retail sale of or to sell any fireworks within the city without first having obtained a license, the fee for which shall be $10.00 per year payable in advance. (Ord. 1706 § 1, 1998). 5.60.020 Conditions for license issuance. A license for the sale of fireworks shall be issued only upon the following terms and condi- tions: (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. (2) 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: $100,000 or more for injury to any one person in one accident or occurrence, $300,000 for injury to more than one person for any one accident or occurrence, $50,000 for injury to property in any one accident or occurrence. (3) Location of the proposed place of business shall comply with the zoning ordinances of the city. (4) Applicant shall post a $50.00 cash bond conditioned upon the prompt removal of the tem- porary stand and 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 of each year, he shall be entitled to the return of his $50.00. (Ord. 1706 § 2, 1998). (Revised 8/98) 5-34 Port Orchard Municipal Code 5.60.080 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 licenses and stands limited. (1) Fourth of July Holiday Period. Only seven licenses shall be issued annually in the city and each licensee is entitled to only one retail outlet. The license is nontransferable. (2) New Year's Eve Holiday Period. Only seven licenses shall be issued annually in the city and each licensee is entitled to only one retail out- let. The license is nontransferable. (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/or from 6:00 p.m. on December 31 st until 1:00 a.m. on January 1st of the subsequent year and except where public displays are authorized pursuant to the laws of the state of Washington. (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). 5-35 (Revised 8/98) 5.64.010 Chapter 5.64 LIGHT FRANCHISE Sections: 5.64.010 Definitions. 5.64.020 Rights and privileges granted. 5.64.030 Maintenance of facilities — Traffic — Excavations. 5.64.040 Relocation of facilities. 5.64.050 Indemnification. 5.64.060 Moving buildings within the franchise area. 5.64.070 Default. 5.64.080 Franchise nonexclusive. 5.64.090 Term. 5.64.100 Assignment. 5.64.110 Amendments. 5.64.120 Franchise subject to tariffs. 5.64.130 Suits — Recovery of attorney's fees. 5.64.140 Section headings not to affect construction of provisions. 5.64.150 Validity. 5.64.010 Definitions. Where used in this franchise the following terms shall mean: (1) "City" means the city of Port Orchard, a municipal corporation of the state of Washington, and its respective successors and assigns. (2) "Facilities" means poles (with or without crossarms), wires, lines, conduits, cables, commu- nication and signal lines, braces, guys, anchors, vaults and all necessary or convenient facilities and appurtenances thereto, whether the same be located over or under ground. (3) "Franchise area" means any, every and all of the roads, streets, avenues, alleys, highways, grounds and public places of the city as now laid out, platted, dedicated or improved; and any every and all roads, streets, avenues, alleys, highways, grounds and public places that may hereafter be laid out, platted, dedicated or improved within the present limits of the city and as such limits may be hereafter extended. (4) "Puget" means Puget Sound Power and Light Company, a Washington corporation, and its respective successors and assigns. (Ord. 1357 § 2, 1986). 5.64.020 Rights and privileges granted. (1) The city does hereby grant to Puget the right, privilege, authority and franchise to: (a) Set, erect, construct, support, attach, con- nect and stretch facilities between, maintain, repair, replace, operate and use facilities in, upon, over, under, along, across and through the franchise area for purposes of transmission, distribution and sale of energy for power, heat, light and any other pur- pose for which energy can be used; and (b) To charge and collect tolls, rates and compensation for such energy and such uses. (Ord. 1357 § 3, 1986). 5.64.030 Maintenance of facilities — Traffic — Excavations. Puget's facilities shall be maintained within the franchise area so as not to unreasonably interfere with the free passage of traffic and in accordance with laws of the state of Washington. Whenever it shall be necessary for Puget, in the exercise of its rights under this franchise, to make any excavation in the franchise area, Puget shall, upon completion of such excavation, restore the surface of the fran- chise area, as nearly as practicable, to the same condition it was in prior to such excavation. (Ord. 1357 § 4, 1986). 5.64.040 Relocation of facilities. (1) Whenever the city causes the grading or widening of the franchise area (for purposes other than those described in subsection (2) of this sec- tion), and such grading or widening requires the relocation of Puget's then existing facilities within the franchise area, the city shall: (a) Provide Puget, within a reasonable time prior to the commencement of such grading or wid- ening, written notice requesting such relocation; and (b) Provide Puget with reasonable plans and specifications for such grading or widening. After receipt of such notice and such plans and specifica- tions, Puget shall relocate such facilities within the franchise area at no charge to the city. If the city requires the subsequent relocation of any facilities within five years from the date of relocation of such facilities pursuant to this subsection, the city shall bear the entire cost of subsequent relocation. (2) (a) Whenever any person or entity, other than the city, requires the relocation of Puget's facilities to accommodate the work of such person (Revised 8/98) 5-36 Port Orchard Municipal Code 5.64.050 or entity within the franchise area; or, whenever the city requires the relocation of Puget's facilities within the franchise area for the benefit of any per- son or entity other than the city, then Puget shall have the right as a condition of such relocation to require such person or entity to: (i) Make payment to Puget, at a time and upon terms acceptable to Puget, for any and all costs and expenses incurred by Puget in the reloca- tion of Puget's facilities; and (ii) Indemnify and save Puget harmless from any and all claims and demands made against it on account of injury or damage to the person or property of another arising out of or in conjunction with the relocation of Puget's facilities, to the extent such injury or damage is caused by the neg- ligence of the person or entity requesting the relo- cation of Puget's facilities or the negligence of the agents, servants or employees of the person or entity requesting the relocation of Puget's facili- ties. (b) Any condition or requirement imposed by the city upon any person or entity, other than the city or Puget (including, without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals or per- mits for zoning, land use, construction or develop- ment) which requires the relocation of Puget's facilities shall be a required location for purposes of subsection (2)(a) of this section. (3) Nothing in this section shall require Puget to bear any cost or expense in connection with the location or relocation of any facilities then existing under benefit of easement or such other prior rights. (Ord. 1357 § 5, 1986). 5.64.050 Indemnification. Puget shall indemnify and save the city harmless from any and all claims and demands made against it on account of injury or damage to the person or property of another, to the extent such injury or damage is caused by the negligence of Puget or its agents, servants or employees in exercising the rights granted Puget in this franchise; provided, however, that in the event any such claim or demand be presented to or filed with the city, the city shall promptly notify Puget thereof, and Puget shall have the right, at its election and at its sole 5-36.1 (Revised 8/98) This page left intentionally blank. (Revised 8/98) 5-36.2 Port Orchard Municipal Code 6.04.040 Chapter 6.04 GARBAGE AND REFUSE* Sections: Article L Collection — Recycling 6.04.010 Solid waste — General. 6.04.020 Collection solely by collector of refuse 6.04.030 Solid waste contractor/city responsibilities. 6.04.040 Property owner responsibility. 6.04.050 Recycling — General. 6.04.060 Payment of charges, lien for nonpayment. 6.04.070 Appeal. 6.04.080 Penalties. Article II. Rubbish 6.04.090 Burning or dumping — Generally. 6.04.100 Burning rubbish on private property. 6.04.110 Penalty for refusal to remove rubbish. 6.04.120 Penalty for violation. * City clerk authorized to combine garbage, water and sewer service charges into one billing, see Ordinance 771. Article L Collection — Recycling 6.04.010 Solid waste — General. The collection, removal and disposal of solid waste within the city shall be compulsory and uni- versal. The maintenance of the public health, safety, sanitation and aesthetics requires that all generators of solid waste in the city of Port Orchard accept, arrange for, and pay for solid waste collec- tion and disposal services established by the city. Said mandatory service includes the collection of general mixed solid wastes as well as payment for the city's residential curbside recycling collection program. (Ord. 1725 § 2, 1998). 6.04.020 Collection solely by collector of refuse. The city shall contract with a solid waste hauler, certified by the Washington Utilities and Transpor- tation Commission, who will be responsible for the collection, removal and disposal of solid waste within the city. (Ord. 1725 § 3, 1998). 6.04.030 Solid waste contractor/city responsibilities. (1) At a minimum, the contract between the contract hauler and the city shall provide for the following responsibilities of the contract hauler: (a) Frequency of collection; (b) Collection containers and standards of cleanliness; (c) Rates of collection and disposal; (d) Limitation(s) on collection services; (e) Contract hauler's customer service responsibilities; (f) Contract hauler's notification to city of WUTC tariff filings; (g) Contract hauler's reporting require- ments; and (h) Appeal procedures for customer com- plaints. (2) The city shall require the contract hauler to provide all containers for residential and non-resi- dential customers within the city. The individual customer shall not have solid waste collected in a container other than that provided by the contract hauler; except for the use of appropriate plastic bags on an occasional basis or a container approved by the city and the hauler. (3) The contract hauler shall leave all pickup areas in a clean and sanitary condition and shall not permit any solid waste or other materials dropped from the trucks or disposal containers to remain on the ground. (Ord. 1725 § 4, 1998). 6.04.040 Property owner responsibility. (1) At a minimum, the property owner and/or resident responsibilities shall include: (a) Property owners shall keep the pickup area and refuse containers in a sanitary condition with the outside thereof clean and free from accu- mulating grease, decomposing materials and/or lit- ter. (b) No garbage can shall be overloaded with earth, rocks, or heavy refuse beyond the point where one pickup man can lift the can to the pickup truck, and in no event will it be overloaded so that the total weight exceeds 65 pounds. In the event any loaded garbage can weighs over 65 pounds, the customer may be charged for additional containers to the extent of the overweight. (c) Refuse receptacles may be placed along the public sidewalk or shoulder of the roadway for pickup. Such placement shall be in such a manner 6-3 (Revised 8/98) 6.04.050 that pedestrian traffic will not be impeded and the receptacles shall be removed from the designated pickup area within 24 hours of pickup. (d) Refuse receptacles shall not be stored within 10 feet of the edge of pavement, if there is not a sidewalk, or 10 feet within the outside edge of the sidewalk, unless the refuse receptacle is within a screened enclosure. (Ord. 1725 § 5, 1998). 6.04.050 Recycling — General. (1) The city shall maintain a recycling program for both residential and nonresidential customers. Participation in the recycling program in voluntary. The fee for recycling shall be mandatory for resi- dential customers regardless of participation in the program. (2) At a minimum, the contract between the contract hauler and the city shall provide for the following responsibilities of the contract hauler: (a) Frequency of collection; (b) List of specific recyclable materials to be collected; (c) Collection containers and standards of cleanliness; (d) Rates of collection and disposal; (e) Limitation(s) on collection services; (f) Contract hauler's customer service responsibilities; and (g) Appeal procedures for customer com- plaints. (3) The city shall require the contract hauler to provide all containers for residential and nonresi- dential customers within the city. (4) The contract hauler shall have title to all recyclable materials collected by the contract hauler. No person other than the originating cus- tomer or contract hauler shall retrieve material from the containers. (Ord. 1725 § 6, 1998). 6.04.060 Payment of charges, lien for nonpayment. (1) Every property owner and every occupant of each premises to which solid waste and/or recy- clable materials collection and disposal services are rendered shall be responsible for and shall pay, without delinquency, the charges for such services as billed by the contract hauler. (2) The contract hauler shall be responsible for the billing and collection of such charges, and shall have all rights and remedies upon delinquency, including, but not limited to, lien rights, as pro- vided by law or this chapter. (3) The contract hauler shall mail service bill- ings to the person or occupant in possession of the premises to which the services are rendered, unless special billing instructions are received from the property owner. (4) The property owner and/or occupant of each premises to which solid waste and/or recyclable materials collection and disposal services are ren- dered shall pay the charges therefor to the contract hauler at its office not later than 30 days after the billing therefor is mailed, and in the event said charges are not so paid, the charges shall be deemed delinquent. Interest shall accrue upon delinquent charges at the rate of $0.50 or one percent per month, whichever is greater, until paid in full. (5) In addition to any other remedy provided by law, in the event of delinquency, pursuant to RCW 35.21.130(2) the amount of any such charge or charges shall become a lien against the property for which the solid waste and/or recyclable materials collection and disposal services are rendered. A notice of such lien shall specify the charges, the period covered by the charges and set forth the legal description of the premises sought to be charged, and the notice of lien shall be filed with the county auditor within the time required and shall be foreclosed in the manner and within the time prescribed for liens for labor and material. (6) The lien for solid waste and/or recyclable materials collection and disposal charges shall be prior to all liens and encumbrances filed subse- quent to the filing of the notice of it with the county auditor, except the lien of general taxes and local improvement assessments whether levied prior or subsequent thereto. (Ord. 1725 § 7, 1998). 6.04.070 Appeal. Customers within the city shall have a right of appeal when a dispute arises with the contract hauler. The appeal procedures shall be defined in the contract between the contract hauler and the city. (Ord. 1725 § 8, 1998). 6.04.080 Penalties. Any person in violation of any provision within this article shall be guilty of a civil infraction and shall be punished by a fine not to exceed $500.00. Each day's violation constitutes a separate offense. (Ord. 1725 § 9, 1998). (Revised 8/98) 6-4 Port Orchard Municipal Code 6.04.120 Article II. Rubbish 6.04.090 Burning or dumping — Generally. It is unlawful for any person to burn, dump, col- lect or in any other manner dispose of refuse upon any street, alley, public place or private property within the city otherwise than as provided in this chapter. (Ord. 1711 § 1, 1998). 6.04.100 Burning rubbish on private property. Only the burning of natural vegetation shall be permitted and shall require a permit to burn from the fire authority. (Ord. 1711 § 2, 1998). 6.04.110 Penalty for refusal to remove rubbish. Any person who fails, neglects or refuses to remove any refuse from any premises owned, occu- pied or controlled by such person, either as owner, occupant, tenant or agent, or upon any street, ave- nue, alley, highway or public place abutting such premises, within seven calendar days after having been notified in writing to do so by the city building official, or any policeman of the city, shall be guilty of a misdemeanor. (Ord. 1711 § 3, 1998). 6.04.120 Penalty for violation. Any person violating or failing to comply with any of the provisions of this article shall be deemed guilty of a misdemeanor. (Ord. 1711 § 4, 1998). 6-5 (Revised 8/98) This page left intentionally blank. (Revised 8/98) 6-6/8 Port Orchard Municipal Code 9.02.070 Chapter 9.02 GENERAL PROVISIONS Sections: 9.02.010 Criminal code — Adopted. 9.02.020 Criminal code — Scope. 9.02.030 Purposes — Principles of construction 9.02.040 Costs of prosecution. 9.02.050 Violations and penalties. 9.02.060 Amendments to state statutes. 9.02.070 Severability. 9.02.010 Criminal code — Adopted. A certain document, three copies of which are on file in the office of the city clerk, shall be marked and designated as the city of Port Orchard criminal code, relating to the public peace, safety, morals and welfare, and each and all of the regula- tions, provisions, conditions and terms contained therein are adopted. (Ord. 1724 § 3, 1998). 9.02.020 Criminal code — Scope. The provisions of POMC 9.02.040 and 9.02.050 are applicable to offenses defined by this title or another ordinance, unless this title or another ordi- nance specifically provides otherwise. (Ord. 1724 § 3, 1998). 9.02.030 Purposes — Principles of construction. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.04.020. (Ord. 1724 § 3, 1998). 9.02.040 Costs of prosecution. Whenever anyone is convicted of any offense under a section of this title, or of any other city ordinance, in addition to the fine imposed, he or she shall pay the costs of prosecution. In default of such payments, he or she may be imprisoned until the fine is paid or worked out on the basis of $25.00 per each day of imprisonment. (Ord. 1724 § 3, 1998). 9.02.050 Violations and penalties. (1) Except as otherwise specifically provided in this title, any person who commits, conspires to commit or aids or abets or is an accomplice in, or who falsely, fraudulently or otherwise causes, coerces, requires or directs others to commit acts declared by this title to be a misdemeanor shall upon conviction 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. (2) Except as otherwise specifically provided in this title, any person who commits, conspires to commit or aids or abets or is an accomplice in, or who falsely, fraudulently or otherwise causes, coerces, requires or directs others to commit acts declared by this title to be a gross misdemeanor shall upon conviction be punished by a fine not to exceed $5,000 or by imprisonment not to exceed one year or by both such fine and imprisonment. (3) A violation of this title not specifying the penalty shall be deemed to be a misdemeanor. (Ord. 1724 § 3, 1998). 9.02.060 Amendments to state statutes. The amendment of any state statute adopted by reference in this title shall be deemed to amend the corresponding section of this title and it shall not be necessary for the city council to take any action with respect to such amendment. The effective date of amendment to this code shall be the same date upon which the amendment to the corresponding state statute becomes effective. (Ord. 1724 § 3, 1998). 9.02.070 Severability. If any provision of the criminal code contained in this title or its application to any person or cir- cumstance is held invalid, the remainder of the title, or the application of the provisions to other persons or circumstances is not affected, and to this end, the provisions of this title are declared to be severable. (Ord. 1724 § 3, 1998). 9-3 (Revised 8/98) 9.04.010 Chapter 9.04 DEFINITIONS Sections: 9.04.010 Definitions. 9.04.010 Definitions. The following Sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.04.110. (Ord. 1724 § 4, 1998). Chapter 9.08 LIABILITY FOR CRIMINAL CONDUCT Sections: 9.08.010 Requirement of a voluntary act — Possession as an act. 9.08.020 General requirements of culpability. 9.08.030 Divergence between result contemplated and actual result. 9.08.040 Divergence between probable and actual result. 9.08.050 Criminal liability of corporations and persons acting in their behalf. 9.08.060 Criminal attempt. 9.08.120 Liability for the conduct of another — Complicity. 9.08.130 Criminal conspiracy. 9.08.010 Requirement of a voluntary act — Possession as an act. (1) A person is not guilty of an offense unless his or her liability is based on conduct which includes a voluntary act or an omission to perform an act of which he or she is physically capable. (2) The possession of property is a voluntary act if the actor was aware of his or her physical pos- session of such property or was aware of his or her control thereof for a sufficient period of time to have been able to terminate his or her possession. (3) For purposes of this section: (a) "Voluntary act" means a bodily move- ment performed consciously as a result of the actor's effort or determination. (b) "Omission" means a failure to perform an act as to which a duty of performance is imposed by law. (Ord. 1724 § 5, 1998). 9.08.020 General requirements of culpability. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.08.010. (Ord. 1724 § 5, 1998). 9.08.030 Divergence between result contemplated and actual result. When intentionally or knowingly causing a par- ticular result is an element of an offense, the ele- ment is not established if the actual result is not (Revised 8/98) 9-4 Port Orchard Municipal Code 9.08.130 within the purpose or contemplation of the actor unless: (1) The actual result differs from that designed or contemplated, as the case may be, only in the respect that a different person or different property is injured or affected or that the injury or harm designed or contemplated would have more serious or more extensive than that caused; or (2) The actual result involves the same kind of injury or harm as that designed or contemplated and is not too remote or accidental in its occurrence to have a bearing on the actor's liability or on the gravity of his or her offense. (Ord. 1724 § 5, 1998). 9.08.040 Divergence between probable and actual result. When recklessness or criminal negligence caus- ing a particular result is an element of an offense, the element is not established if the actual result is not within the risk of which the actor is aware or, in the case of criminal negligence, of which he should have been aware unless: (1) The actual result differs from the probable result only in the respect that a different person or different property is injured or affected or that the probable injury or harm would have been more serious or more extensive than that caused; or (2) The actual result involves the same kind of injury or harm as the probable result and is not too remote or accidental in its occurrence to have a bearing on the actor's liability or on the gravity of his or her offense. (Ord. 1724 § 5, 1998). 9.08.050 Criminal liability of corporations and persons acting in their behalf. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.08.030. (Ord. 1724 § 5, 1998). 9.08.060 Criminal attempt. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.28.010. (Ord. 1724 § 5, 1998). 9.08.120 Liability for the conduct of another — Complicity. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.08.020. (Ord. 1724 § 5, 1998). 9.08.130 Criminal conspiracy. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.28.040. (Ord. 1724 § 5, 1998). 9-5 (Revised 8/98) 9.10.010 Chapter 9.10 MISCELLANEOUS OFFENSES —DEFENSES TO PROSECUTION Sections: 9.10.010 Intoxication. 9.10.020 Insanity. 9.10.030 Duress. 9.10.040 Entrapment. 9.10.050 Lawful use of force. 9.10.060 Discipline of a child. 9.10.080 Reasonable use of force for detention by shopkeeper. 9.10.010 Intoxication. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.16.090. (Ord. 1724 § 6, 1998). 9.10.020 Insanity. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.12.010. (Ord. 1724 § 6, 1998). 9.10.030 Duress. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.16.060. (Ord. 1724 § 6, 1998). 9.10.040 Entrapment. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.16.070. (Ord. 1724 § 6, 1998). 9.10.050 Lawful use of force. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.16.020. (Ord. 1724 § 6, 1998). 9.10.060 Discipline of a child. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.16.100. (Ord. 1724 § 6, 1998). 9.10.080 Reasonable use of force for detention by shopkeeper. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.16.080. (Ord. 1724 § 6, 1998). (Revised 8/98) 9-6 Port Orchard Municipal Code 9.12.080 Chapter 9.12 OFFENSES AGAINST GOVERNMENTAL ORDER Sections: 9.12.010 Obstructing a law enforcement officer 9.12.020 Refusal to summon aid for a peace officer. 9.12.030 Resisting arrest. 9.12.040 Escape third degree. 9.12.050 False reporting. 9.12.070 Bail jumping. 9.12.080 Rendering criminal assistance third degree. 9.12.090 Criminal contempt. 9.12.010 Obstructing a law enforcement officer. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.76.020. (Ord. 1724 § 7, 1998). 9.12.020 Refusal to summon aid for a peace officer. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.76.030. (Ord. 1724 § 7, 1998). 9.12.030 Resisting arrest. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.76.040. (Ord. 1724 § 7, 1998). 9.12.040 Escape third degree. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.76.010(1), 9A.76.130. (Ord. 1724 § 7, 1998). 9.12.050 False reporting. (1) A person is guilty of false reporting if he or she: (a) Initiates or circulates a written or oral report or warning of an alleged or impending occurrence of fire, explosion, crime, catastrophe, or emergency knowing that such report or warning contains false information and knowing that such report or warning is likely to cause evacuation of a building, place of assembly, or transportation facil- ity, or to cause substantial public inconvenience or alarm; or (b) Makes, files, or causes to be filed with a public officer of the city a written report, statement, application, citation or complaint which he knows to contain a misstatement of a material fact; or (c) Makes a verbal statement relating to a crime, catastrophe or emergency to a police depart- ment 911 emergency operator, city of Port Orchard police department personnel, or any other police officer knowing that such statement contains a mis- statement of a material fact; or (d) Gives false information to a police officer when such officer is executing a search or arrest warrant, issuing a citation, or making an arrest; or (e) Knowingly falsely reports or represents to any police officer or other officer or employee having the authority to receive such reports, that he or she has suffered the loss of any money or prop- erty as the result of robbery, assault, holdup, lar- ceny or burglary, or knowingly falsely reports the commission of any criminal offense under the laws of the United States, the state of Washington or any other state, Kitsap County or any other county, or the city of Port Orchard or any other city. (2) False reporting is a misdemeanor. (Ord. 1724 § 7, 1998). 9.12.070 Bail jumping. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.76.170. (Ord. 1724 § 7, 1998). 9.12.080 Rendering criminal assistance third degree. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, 9-7 (Revised 8/98) 9.12.090 are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.76.050, 9A.76.090. (Ord. 1724 § 7, 1998). 9.12.090 Criminal contempt. (1) A person shall be guilty of criminal con- tempt if he or she intentionally does any of the fol- lowing: (a) Disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to impair its authority, or to interrupt the due course of a trial or other judicial proceeding; or (b) Disobedience of any lawful judgment, decree, order, or process of the court; or (c) Refusal as a witness to appear, be sworn, or, without lawful authority, refuse to answer a question; or (d) Refusal, without lawful authority, to produce a record, document, or other object. (2) A judge presiding in an action or proceeding may summarily impose the punishment authorized by this section upon a person who commits crimi- nal contempt within the courtroom if the judge cer- tifies that he or she saw or heard the criminal contempt. The judge shall impose the punishment immediately after the criminal contempt or at the end of the proceeding and only for the purpose of preserving order in the court and protecting the authority and dignity of the court. The person com- mitting the criminal contempt shall be given an opportunity to speak in mitigation of the criminal contempt unless compelling circumstances demand otherwise. The order of contempt shall recite the facts, state the punishment imposed, and be signed by the judge and entered on the record. (3) Criminal contempt is a misdemeanor. (Ord. 1724 § 7, 1998). Chapter 9.14 CONTROLLED SUBSTANCES Sections: 9.14.010 Definitions. 9.14.020 Possession of marijuana. 9.14.030 Possession of drug paraphernalia. 9.14.040 Sale of toxic fumes. 9.14.050 Inhaling toxic fumes. 9.14.060 Enhanced penalties for violation in a drug free zone. 9.14.070 Seizure and forfeiture. 9.14.080 Drug -related loitering. 9.14.090 Penalties for violation. 9.14.010 Definitions. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 69.50.101, 69.50.102. (Ord. 1724 § 8, 1998). 9.14.020 Possession of marijuana. (1) It is unlawful for any person to possess mar- ijuana. (2) Possession of marijuana is a misdemeanor. (Ord. 1724 § 8, 1998). 9.14.030 Possession of drug paraphernalia. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 69.50.412. (Ord. 1724 § 8, 1998). 9.14.040 Sale of toxic fumes. (1) No person, except a person who is, at the time of such sale, actually employed by or engaged in operating a bona fide commercial establishment at a fixed location, shall sell to any other person any product containing a solvent having the prop- erty of releasing toxic vapors or fumes, and all sales of such products not made in or from such establishment are hereby prohibited. (2) No person shall knowingly sell or offer for sale, deliver or give away to any person, any sub- stance containing any of the following volatile sol- vents, where the seller, offeror or deliverer knows (Revised 8/98) 9-8 Port Orchard Municipal Code 9.14.080 or has reason to believe that the substance will be used for the purpose of inducing symptoms of intoxication, elation, dizziness, paralysis, irrational behavior, or in any manner change, distort or dis- turb the audio, visual or mental processes: toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, iso- propanol, methyl isobutyl ketone, methyl cello - solve acetate, cyclehexanone, or any substance which will induce symptoms of intoxication, ela- tion, dizziness, paralysis, irrational behavior, or in any manner change, distort or disturb the audio, visual or mental processes. (3) Sale of toxic fumes is a misdemeanor. (Ord. 1724 § 8, 1998). 9.14.050 Inhaling toxic fumes. (1) No person shall, for the purpose of causing a condition of intoxication, inebriation, excite- ment, stupefaction, or the dulling of the brain or nervous system, intentionally smell or inhale the fumes of any substance containing a solvent having the property of releasing toxic vapors or fumes; provided, that nothing in this section shall be inter- preted as applying to the inhalation of anesthesia for medical or dental purposes. (2) No person shall, for the purposes of violat- ing subsection (1) of this section, use, or possess for the purposes of so using, any product contain- ing a solvent having the property of releasing toxic vapors or fumes. (3) Inhaling toxic fumes is a misdemeanor. (Ord. 1724 § 8, 1998). 9.14.060 Enhanced penalties for violation in a drug free zone. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 69.50.435. (Ord. 1724 § 8, 1998). 9.14.070 Seizure and forfeiture. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 69.50.505, 69.50.506, 69.50.507. (Ord. 1724 § 8, 1998). 9.14.080 Drug -related loitering. (1) It is unlawful for any person to loiter in or near any thoroughfare, place open to the public, or near any public or private place in a manner and under circumstances manifesting the purpose to engage in drug -related activities contrary to any of the provisions of Chapters 69.41, 69.50, or 69.52 RCW. (2) Among the circumstances, which may be considered in determining whether such a purpose is manifested are: (a) Such person is a known unlawful drug user, possessor, or seller. For the purposes of this chapter, "known unlawful drug user, possessor or seller" is a person who has, within the knowledge of the arresting officer, been convicted in any court within this state of any violation involving the use, possession, or sale of any substance referred to in Chapters 69.41, 69.50, or 69.52 RCW, or substan- tially similar laws of any political subdivision of this state or any other state; or a person who dis- plays physical characteristics of drug intoxication or usage, such as "needle tracks", or a person who possesses drug paraphernalia as defined in POMC 9.14.010; (b) Such person is currently subject to an order prohibiting his or her presence in a high drug activity geographic area; (c) Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in unlawful drug -related activity, including, by way of example only, such person acting as a "lookout"; (d) Such person is physically identified by the officer as a member of a "gang", or association, which has as its purpose illegal drug activity; (e) Such person transfers small objects or packages for currency in a furtive fashion; (f) Such person takes flight upon the appear- ance of a police officer; (g) Such person manifestly endeavors to conceal himself or herself or any object, which rea- sonably could be involved in unlawful drug -related activity; (h) The area involved is by public repute known to be an area of unlawful drug use and traf- ficking; (i) The premises involved are known to have been reported to law enforcement as a place of suspected drug activity pursuant to Chapter 69.52 RCW; 9-9 (Revised 8/98) 9.14.090 0) Any vehicle involved is registered to a known unlawful drug user, possessor, or seller, or a person for whom there is an outstanding warrant for a crime involving drug -related activity. (3) Drug -related loitering is a gross misde- meanor. (Ord. 1724 § 8, 1998). 9.14.090 Penalties for violation. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 69.50.425. (Ord. 1724 § 8, 1998). Chapter 9.16 CRIMES AGAINST THE PERSON Sections: 9.16.010 Assault fourth degree. 9.16.030 Fighting. 9.16.040 Reckless endangerment. 9.16.050 Harassment. 9.16.060 Telephone calls to harass, intimidate, torment or embarrass. 9.16.070 Coercion. 9.16.080 Stalking. 9.16.010 Assault fourth degree. (1) A person is guilty of assault fourth degree if he or she: (a) Intentionally causes bodily harm by unlawfully touching, striking, beating, spitting upon, or wounding another person; or (b) Attempts by force or violence to cause bodily harm to another person; or (c) Intentionally places or attempts to place another person in fear or apprehension of bodily harm by any act, word, or threat. (2) Assault fourth degree is a gross misde- meanor. (Ord. 1724 § 9, 1998). 9.16.030 Fighting. (1) It is unlawful for any person to intentionally fight with another person in a public place and thereby create a substantial risk of - (a) Injury to a person who is not actively participating in the fight; or (b) Damage to the property of a person who is not participating in the fight. (2) In any prosecution under subsection (1) of this section, it is an affirmative defense that: (a) The fight was duly licensed or autho- rized by law; or (b) The person was acting in self-defense. (3) Fighting is a misdemeanor. (Ord. 1724 § 9, 1998). 9.16.040 Reckless endangerment. (1) A person is guilty of reckless endangerment when he recklessly engages in conduct which cre- ates a substantial risk of death or serious physical injury to another person. (2) Reckless endangerment is a gross misde- meanor. (Ord. 1724 § 9, 1998). (Revised 8/98) 9-10 Port Orchard Municipal Code 9.16.080 9.16.050 Harassment. (1) A person is guilty of harassment if - (a) With the intent to annoy or alarm another person, he/she repeatedly uses fighting words or obscene language, thereby causing a sub- stantial risk of assault; or (b) Without lawful authority, the person knowingly threatens: (i) To cause injury in the future to the person threatened or to any other person; or (ii) To cause physical damage to the property to any person other than the actor; or (iii) To subject the person threatened or any other person to physical confinement or restraint; or (iv) Maliciously to do any other act which is intended to substantially harm the person threatened or any other person with respect to his/her physical or mental health or safety; or (v) The person by word or conduct and thereby places the person threatened in reasonable fear that the threat will be carried out. (2) Harassment is a misdemeanor. (Ord. 1724 § 9, 1998). 9.16.060 Telephone calls to harass, intimidate, torment or embarrass. (1) A person is guilty of making telephone calls to harass, intimidate, torment or embarrass any other person if, with intent to harass, intimidate, torment or embarrass any other person, he/she makes a telephone call to such other person: (a) Using any lewd, lascivious, profane, indecent, or indecent words or language, or sug- gesting the commission of any lewd or lascivious act; or (b) Anonymously, repeatedly, or at an extremely inconvenient hour, whether or not con- versation ensues; or (c) Threatens to inflict injury on the person or property of the person called or any member of his family; or (d) Without purposes of legitimate commu- nication. (2) The offense committed by the use of a tele- phone as set forth in this section may be deemed to have been committed either at the place where the telephone call or calls were made or at the place where the call or calls were received. (3) Making telephone calls to harass, intimi- date, torment or embarrass is a misdemeanor. (Ord. 1724 § 9, 1998). 9.16.070 Coercion. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.36.070. (Ord. 1724 § 9, 1998). 9.16.080 Stalking. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are adopted by reference as a portion of the crimi- nal code of the city as if fully set forth in this chap- ter: RCW 9A.46.110. (Ord. 1724 § 9, 1998). 9-11 (Revised 8/98) 9.18.010 Chapter 9.18 DOMESTIC VIOLENCE PROTECTION Sections: 9.18.010 Purpose and intent. 9.18.020 Definitions. 9.18.030 Police officers — Duties. 9.18.040 Court — Duties. 9.18.050 Appearance by defendant. 9.18.060 Enforcement of no -contact order. 9.18.070 Violation of criminal no -contact order. 9.18.080 Violation of civil protection order, civil restraining order or civil antiharassment order. 9.18.090 Interfering with the reporting of domestic violence. 9.18.010 Purpose and intent. RCW 10.99.010 is adopted by reference. (Ord. 1724 § 10, 1998). 9.18.020 Definitions. (1) "Family or household members" means spouses, former spouses, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons 16 years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons 16 years of age or older with whom a respondent 16 years of age or older has or has had a dating relationship, and persons who have a biological or legal parent - child relationship, including stepparents and step- children and grandparents and grandchildren. (2) "Dating relationship" means a social rela- tionship of a romantic nature. Factors that the court may consider in making this determination includes the length of time the relationship has existed, the nature of the relationship, and the fre- quency of interaction between the parties. (3) "Domestic violence" includes but is not limited to any of the following crimes when com- mitted by one family or household member against another: (a) Assault fourth degree (POMC 9.16.010); (b) Fighting (POMC 9.16.030); (c) Reckless endangerment (POMC 9.16.040); (d) Harassment (POMC 9.16.050); (e) Telephone calls to harass, intimidate, torment or embarrass (POMC 9.16.060); (f) Coercion (POMC 9.16.070); (g) Violation of criminal no -contact order (POMC 9.18.070); (h) Violation of civil protection order, civil restraining order or civil antiharassment order (POMC 9.18.080); (i) Criminal trespass in the first degree (POMC 9.28.030); 0) Criminal trespass in the second degree (POMC 9.28.040); (k) Malicious mischief third degree (POMC 9.28.060); (1) Possession of stolen property third degree (POMC 9.28.070); (m) Theft third degree (POMC 9.28.090); (n) Vehicle prowling (POMC 9.28.100); (o) Stalking (POMC 9.16.080); (4) "Victim" means a family or household member who has been subjected to domestic vio- lence. (5) "Peace officer" means and includes Port Orchard police officer; "law enforcement agency" means and includes the Port Orchard police depart- ment; "public attorney" means the person or per- sons, attorney or attorneys who have been designated by the Port Orchard mayor to provide legal services for the city of Port Orchard; and "legislature" includes the Port Orchard city coun- cil. (Ord. 1724 § 10, 1998). 9.18.030 Police officers — Duties. RCW 10.99.030 is adopted by reference. (Ord. 1724 § 10, 1998). 9.18.040 Court — Duties. RCW 10.99.040 is adopted by reference. (Ord. 1724 § 10, 1998). 9.18.050 Appearance by defendant. RCW 10.99.045 is adopted by reference. (Ord. 1724 § 10, 1998). 9.18.060 Enforcement of no -contact order. RCW 10.99.055 is adopted by reference. (Ord. 1724 § 10, 1998). (Revised 8/98) 9-12 Port Orchard Municipal Code 9.18.090 9.18.070 Violation of criminal no -contact order. (1) It is unlawful for any person to willfully vio- late a criminal no -contact order prohibiting that person from contact with the victim(s) of domestic violence. (2) For the purpose of this section, "victim(s)" means the spouse, ex -spouse, relative by blood or marriage, housemate or roommate, and ex -house - mate and ex -roommate the defendant allegedly committed a crime of domestic violence against. Domestic violence includes, but is not limited to, the crimes of assault fourth degree, reckless endan- germent, coercion, harassment, harassment by tele- phone, criminal trespass in the first or second degree, or malicious mischief. (3) Violation of a criminal no -contact order is a gross misdemeanor. (Ord. 1724 § 10, 1998). 9.18.080 Violation of civil protection order, civil restraining order or civil antiharassment order. (1) It is unlawful for any person to willfully vio- late any of the following provisions of a temporary civil protection order or a civil protection order issued pursuant to the 1984 Domestic Violence Protection Act under Chapter 26.50 RCW or pur- suant to a dissolution of marriage/legal separation under Chapter 26.09 RCW: (a) Restraining any party from committing acts of domestic violence; (b) Restraining any party from having con- tact with the other party; (c) Excluding any party from the residence of the other party; (d) Restraining any party from interfering with the other party's custody of the children; (e) Restraining any party from removing the children from the jurisdiction of the court or out of the state. (2) It is unlawful for any person to willfully vio- late any provisions of a civil antiharassment pro- tection order. (3) Violation of a civil protection order, civil re- straining order or civil antiharassment protection order is a gross misdemeanor. (Ord. 1724 § 10, 1998). 9.18.090 Interfering with the reporting of domestic violence. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are adopted by reference as a portion of the crimi- nal code of the city as if fully set forth in this chap- ter: RCW 9A.36.150. (Ord. 1724 § 10, 1998). 9-13 (Revised 8/98) 9.20.010 Chapter 9.20 OFFENSES AGAINST PUBLIC MORALS Sections: 9.20.010 Definitions. 9.20.020 Prostitution loitering. 9.20.030 Prostitution. 9.20.040 Patronizing a prostitute. 9.20.050 Prostitution and patronizing a prostitute — No defense. 9.20.060 Permitting prostitution. 9.20.070 Lewd conduct. 9.20.080 Public display of erotic material. 9.20.010 Definitions. The following definitions shall apply in this chapter: (1) "Commit prostitution" means to engage in any type of sexual conduct in return for payment of money or other compensation. (2) "Erotic material" means any pictorial or three dimensional material depicting human sexual intercourse, masturbation, sodomy (i.e., bestiality or oral or anal intercourse), direct physical stimula- tion of unclothed genitals, flagellation or torture in the context of a sexual relationship, or emphasizing the depiction of adult human genitals; provided, however, that this definition applies only to those works which applying the average standards of the city, taken as a whole appeal to the prurient inter- ests of persons and which lack serious literary, artistic, political, or scientific value. In determining whether material is prohibited for public display by this chapter such material shall be judged without regard to any covering which may be affixed or printed over the material in order to obscure genital areas in a depiction otherwise falling within the definition of this subsection. (3) Material is placed upon "public display" if it is placed by the defendant on or in a billboard, viewing screen, theater marquee, newsstand, dis- play rack, window, showcase, display case or sim- ilar place so that matter bringing it within the definition of subsection (6) of this section is easily visible from a public thoroughfare or from the property of others, or in a public place in a manner so obtrusive as to make it difficult for an unwilling person to avoid exposure. (4) "Known prostitute or procurer" means a person who, within one year previous to the date of arrest for a violation of this chapter, has within the knowledge of the arresting officer been convicted of an offense involving prostitution. (5) "Lewd act" means public: (a) Exposure of one's genitals or female breasts; or (b) Touching, caressing, or fondling of the genitals or female breasts; or (c) Urination or defecation in a place other than a washroom or toilet room; or (d) Masturbation; or (e) Sexual conduct. (6) "Public place" is an area generally visible to public view and includes, but is not limited to, streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), buildings open to the public, including those which serve food and/or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. (7) "Sexual conduct" means any of the follow- ing: (a) Sexual intercourse in its ordinary sense which occurs upon any penetration, however slight, or contact between persons involving the sex organs of one and the mouth or anus of another; (b) Masturbation, manual or instrumental, of one person by another. (Ord. 1724 § 11, 1998). 9.20.020 Prostitution loitering. (1) A person is guilty of prostitution loitering if he or she remains in a public place and intention- ally solicits, induces, entices or procures another to commit prostitution. (2) Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are that he or she: (a) Repeatedly beckons to, stops or attempts to stop pedestrians or engages pedestrians in con- versation; or (b) Repeatedly beckons to, stops or attempts to stop motor vehicle operators by hailing, waiving of arms or any other bodily gesture; or (c) Circles an area in a motor vehicle and repeatedly beckons to, contacts or attempts to stop pedestrians; or (d) Is a known prostitute or procurer; or (e) Inquires whether a potential patron, pro- curer or prostitute is a police officer, searches for articles that would identify a police officer, or (Revised 8/98) 9-14 Port Orchard Municipal Code 9.20.080 requests the touching or exposing of genitals or female breasts to prove that a person is not a police officer. (3) Prostitution loitering is a misdemeanor. (Ord. 1724 § 11, 1998). 9.20.030 Prostitution. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.88.030. (Ord. 1724 § 11, 1998). 9.20.040 Patronizing a prostitute. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.88.110. RCW 9A.88.110(2), defining sexual conduct, is not adopted by reference and is expressly deleted. (Ord. 1724 § 11, 1998). 9.20.050 Prostitution and patronizing a prostitute — No defense. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.88.050. (Ord. 1724 § 11, 1998). 9.20.060 Permitting prostitution. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.88.090. (Ord. 1724 § 11, 1998). 9.20.070 Lewd conduct. (1) A person is guilty of lewd conduct if he or she intentionally performs any lewd act in a public place or at a place and under circumstances where such act could be observed by the public. (2) The owner or operator of premises open to the public is guilty of lewd conduct if he or she knowingly permits lewd conduct in a public place under his or her control. (3) Lewd conduct is a misdemeanor. (Ord. 1724 § 11, 1998). 9.20.080 Public display of erotic material. (1) A person is guilty of public display of erotic material if he or she knowingly places such mate- rial upon public display, or if he or she knowingly fails to take prompt action to remove such a display from property in his or her possession after learn- ing of its existence. (2) Public display of erotic materials is a misde- meanor. (Ord. 1724 § 11, 1998). 9-15 (Revised 8/98) 9.22.010 Chapter 9.22 ALARM SYSTEMS Sections: 9.22.010 Telephone number of person authorized to turn off or reset alarm. 9.22.020 False alarms. 9.22.030 Charges for false alarms. 9.22.040 Violation — Penalty. 9.22.010 Telephone number of person authorized to turn off or reset alarm. It is unlawful to have or maintain on any pre- mises any type burglary and/or robbery alarm unless there is posted at the main entrance to such premises a prominent notice of the telephone num- bers at which the person or persons authorized to enter such premises and turn off or reset such alarm can be reached at all times, and it is unlawful for any such person to fail to appear and turn off or reset any such alarm within one hour after being notified by the police to do so. The provisions of this section shall not apply if an arrangement for alarm turn-off or reset is made with the Port Orchard police department and appropriate keys are furnished. Furthermore, the posting of telephone numbers on the premises may be waived if such information is on file with or immediately available to Kitsap County central communications facility. (Ord. 1171 § 1, 1981). 9.22.020 False alarms. It is unlawful for anyone to activate any robbery or burglary alarm for the purpose of summoning police except in the event of an actual or attempted burglary or robbery, or for anyone notifying the police of an activated alarm and having knowledge that such activation was apparently caused by an electrical or other malfunction of the alarm system to fail at that same time to notify the police of such apparent malfunction. (Ord. 1171 § 2, 1981). 9.22.030 Charges for false alarms. (1) For the purpose of this section, "false alarm" means the activation of a burglary and/or robbery alarm by other than a forced entry or attempted forced entry to the premises, or robbery, and at a time when no burglary or robbery is being committed or attempted on the premises. (2) For a police response to any false alarm the chief of police shall charge the person having or maintaining such burglary and/or robbery alarm on premises owned or occupied by him, fees as fol- lows. Such charges shall be prepared and submitted to the person having or maintaining such burglary and/or robbery alarm by the office of the city clerk: (a) For a response to premises at which no other false alarm has occurred within the preceding six-month period, hereinafter referred to as a "first response," no fee shall be charged, but the person having or maintaining such burglary and/or rob- bery alarm shall, within three working days after notice to do so, make a written report to the chief of police on forms prescribed by the city setting forth the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by an authorized serviceman, and such other information as the chief of police may rea- sonably require to determine the cause of such false alarm and corrective action necessary. (b) For a second response to premises within six months after a first response, no fee shall be charged, but a written report shall be required as for a first response and the chief of police shall be authorized to inspect or cause to be inspected the alarm system at such premises, prescribe necessary corrective action, and shall give notice to the per- son having or maintaining such alarm system of the conditions and requirements of this section. Any costs for inspections required under this section shall be paid by the person having or maintaining the alarm system. (c) For a third response to the premises within six months after such a second response, a fee of $25.00 shall be charged, and for each subse- quent response within six months of the last response, the fee shall be increased by $25.00 over the fee charged for the last response, and if such third false alarm or any such succeeding false alarm is as a result of failure to take necessary cor- rective action prescribed by the chief of police, the chief of police may order the disconnection of such alarm system and it shall be unlawful to reconnect such alarm system until corrective action is taken; provided, that no disconnection shall be ordered as to any premises required by law to have an alarm system in operation. (Ord. 1171 § 3, 1981). (Revised 8/98) 9-16 Port Orchard Municipal Code 9.24.040 9.22.040 Violation — Penalty. Anyone convicted of a violation of or failure to comply with any of the provisions of this chapter shall be punishable by a fine of not more than $25.00. (Ord. 1171 § 4, 1981). Chapter 9.24 OFFENSES AGAINST PUBLIC ORDER Sections: 9.24.010 Offenses in public. 9.24.020 Disorderly conduct. 9.24.030 Failure to disperse. 9.24.040 Disruption of school activities. 9.24.050 Public disturbance noises —Nuisances. 9.24.060 Pedestrian interference. 9.24.010 Offenses in public. (1) It is unlawful for a person in a public place to: (a) Refuse to pay the proper fare in a public conveyance; or (b) Expectorate upon the floor, walls, or fur- niture of any public conveyance or public building. (2) Violation of this section is a misdemeanor. (Ord. 1724 § 12, 1998). 9.24.020 Disorderly conduct. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.84.030. (Ord. 1724 § 12, 1998). 9.24.030 Failure to disperse. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.84.020. (Ord. 1724 § 12, 1998). 9.24.040 Disruption of school activities. (1) A person is guilty of disruption of school activities if he or she comes into or remains in any school building, classroom, or upon any school ground, street, sidewalk or public way adjacent thereto, without lawful reason, and intentionally causes undue disruption of the activities of the school. (2) Disruption of school activities is a misde- meanor. (Ord. 1724 § 12, 1998). 9-17 (Revised 8/98) 9.24.050 9.24.050 Public disturbance noises — Nuisances. (1) It is unlawful for any person to cause, or for any person in possession of property to allow to originate from that property, sound that is a public disturbance noise. The following sounds are deter- mined to be public disturbance noises and consti- tutes a nuisance to the public: (a) The frequent, repetitive or continuous sounding of a horn or siren attached to a motor vehicle, except as a warning of danger or as specif- ically permitted or required by law; or (b) The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off -highway vehicle, or inter- nal combustion engine within a residential district so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; or (c) The starting, operation or testing of con- struction equipment, such as but not limited to backhoes, excavators, chain saws, and bulldozers, between the hours of 10:00 p.m. and 6:30 a.m., unless specifically approved by the city of Port Orchard public works department; (d) Yelling, shouting, hooting, whistling or singing on or near the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time and place so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property; or (e) The creation of frequent, repetitive, or continuous sounds which emanate from any build- ing, structure, apartment or condominium which unreasonably disturbs or interferes with the peace, comfort and repose of owners or possessors of real property, such as sounds from musical instruments, audio sound systems, band sessions or social gath- erings; or (f) Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at a volume as to be audible greater than 50 feet from the vehicle itself; or (g) Sound from portable audio equipment, such as tape players, radios and compact disc play- ers, operated at a volume as to be audible greater than 50 feet from the source; (h) The foregoing provisions shall not apply to regularly scheduled events at recognized public places of assembly. "Recognized public places of assembly" includes, but is not limited to, public parks, churches, and schools; provided, that the foregoing enumeration of acts and noises shall not be construed as excluding other acts and noises which offend the public peace. (2) Public disturbance noises is a civil infrac- tion punishable by a $250.00 fine. (Ord. 1724 § 12, 1998). 9.24.060 Pedestrian interference. (1) The following definitions apply in this sec- tion: (a) "Aggressively beg" means to beg with the intent to intimidate another person into giving money or goods. (b) "Intimidate" means to engage in threat- ening conduct, which would make a reasonable person fearful of harm to his or her person or prop- erty. (c) "Beg" means to ask for money or goods as a charity, whether by words, bodily gestures, signs or other means. (d) "Obstruct pedestrian or vehicular traf- fic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. (e) "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. (2) A person is guilty of pedestrian interference if, in a public place, he or she intentionally: (a) Obstructs pedestrian or vehicular traffic; or (b) Aggressively begs. (3) Pedestrian interference is a misdemeanor. (4) Pedestrian interference may be punished by a fine not to exceed $500.00 or by imprisonment in jail for a term not to exceed 90 days, or by both such fine and imprisonment. (Ord. 1724 § 12, 1998). (Revised 8/98) 9-18 Port Orchard Municipal Code 9.26.050 Chapter 9.26 OFFENSES INVOLVING ALCOHOL Sections: 9.26.010 Definitions. 9.26.020 Opening, consuming, or possessing liquor in a public place. 9.26.030 Service of liquor to intoxicated person. 9.26.040 Minors prohibited where liquor served. 9.26.050 False identification to obtain liquor. 9.26.060 Minors purchasing, consuming, or possessing liquor. 9.26.070 Supply of liquor to minors. 9.26.080 Service of liquor during hours of closing. 9.26.090 Knowledge of age not element of offense. 9.26.010 Definitions. (1) "Liquor" means the four varieties of liquor defined in this section (alcohol, beer, wine, and spirits), and all fermented, spirituous, vinous, or malt liquor, or any combination or mixture thereof containing one-half of one percent or more of alco- hol by volume. (2) "Alcohol' means that substance known as ethyl alcohol, hydrated oxide of ethyl or spirit of wine, which is commonly produced by fermenting or distillation of grain, starch, molasses, or sugar, or other substances, including all dilutions or mix- tures of said substances. (3) "Beer" means any beverage obtained by the alcoholic fermentation of an infusion or decoction of hops, or extract of hops and barley malt or other grain or cereal in water, including ale, stout, porter, containing one-half of one percent, or more, of alcohol by volume. (4) "Wine" means any alcoholic beverage ob- tained by fermentation of fruits or other agricultural products containing sugar, or any such beverage to which any saccharine substance may have been added before, during or after fermentation, or any such beverage to which may have been added any spirits, wine spirits or alcohol, which contains one- half of one percent, or more, of alcohol by volume. (5) "Spirit" means any beverage obtained by distillation which contains one-half of one percent, or more, of alcohol by volume. (6) "Minor", for the purposes of this chapter, means any person less than 21 years of age. (Ord. 1724 § 13, 1998). 9.26.020 Opening, consuming, or possessing liquor in a public place. (1) It is unlawful for any person in a public place to: or (a) Open any receptacle containing liquor; (b) Consume any liquor; or (c) Possess any opened receptacle contain- ing liquor. (2) This section does not apply to a public place authorized by law or license to serve liquor. (3) Opening, consuming, or possessing liquor in a public place is a misdemeanor. (Ord. 1724 § 13, 1998). 9.26.030 Service of liquor to intoxicated person. (1) It is unlawful for any person to gift, sell, or otherwise provide liquor to a person apparently under the influence of liquor. (2) Service of liquor to an intoxicated person is a misdemeanor. (Ord. 1724 § 13, 1998). 9.26.040 Minors prohibited where liquor served. (1) It is unlawful for any person having charge of a public place where liquor is served to admit or allow any person under the age of 21 years to remain on the premises contrary to the laws of the state of Washington. (2) Minors prohibited where liquor served is a misdemeanor. (Ord. 1724 § 13, 1998). 9.26.050 False identification to obtain liquor. (1) It is unlawful for any person to knowingly transfer any identification of age to a person less than 21 years of age for the purpose of permitting such person to obtain liquor. (2) It is unlawful for any person to use or attempt to use any identification of age of another person, or to make false representations as to his/her age for the purpose of obtaining liquor. (3) False identification to obtain liquor is a mis- demeanor. (Ord. 1724 § 13, 1998). 9-19 (Revised 8/98) 9.26.060 9.26.060 Minors purchasing, consuming, or possessing liquor. (1) It is unlawful for any person under the age of 21 years to purchase, drink, consume, or possess liquor within the city, except liquor given or per- mitted to be given to a person under the age of 21 years by his or her parent or guardian for beverage or medicinal purposes or administered to him or her by his or her physician or dentist for medicinal purposes or given or administered to him or her in connection with religious services. (2) Minor purchasing, consuming, or possess- ing liquor is a misdemeanor. (Ord. 1724 § 13, 1998). 9.26.070 Supply of liquor to minors. (1) It is unlawful for any person to give or oth- erwise supply liquor to any person under the age of 21 years, or to permit any person under the age of 21 years to consume liquor on or in his premises or vehicle or on or in any premises or vehicle under his control except as provided in POMC 9.26.060. (2) Supply of liquor to minors is a misde- meanor. (Ord. 1724 § 13, 1998). 9.26.080 Service of liquor during hours of closing. (1) It is unlawful for the manager, owner, oper- ator or employee of any establishment licensed by the state of Washington to sell liquor to permit any person to consume liquor, or to sell, give away or otherwise furnish any person with liquor between the hours of 2:00 a.m. and 6:00 a.m., unless permit- ted by the rules and regulations of the Washington State Liquor Control Board. (2) Service of liquor during hours of closing is a misdemeanor. (Ord. 1724 § 13, 1998). 9.26.090 Knowledge of age not element of offense. In any prosecution under this chapter and not- withstanding any other provision hereof, it is not a defense that the actor reasonably believed that the other person was 21 years of age or older. (Ord. 1724 § 13, 1998). Chapter 9.28 CRIMES AGAINST PROPERTY Sections: 9.28.010 Definitions. 9.28.020 Criminal impersonation. 9.28.030 Criminal trespass in the first degree. 9.28.040 Criminal trespass in the second degree. 9.28.050 Defenses to criminal trespass. 9.28.060 Malicious mischief third degree. 9.28.070 Possession of stolen property third degree. 9.28.090 Theft third degree. 9.28.100 Vehicle prowling. 9.28.110 Unlawful issuance of a bank check. 9.28.120 Failure to deliver leased personal property. 9.28.130 Theft of cable television services. 9.28.140 Defrauding a public utility third degree. 9.28.150 Reckless burning. 9.28.160 Making or possessing burglary tools. 9.28.170 Computer trespass second degree. 9.28.180 Obscuring the identity of a machine. 9.28.010 Definitions. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.52.010, 9A.56.010. (Ord. 1724 § 14, 1998). 9.28.020 Criminal impersonation. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.60.040. (Ord. 1724 § 14, 1998). 9.28.030 Criminal trespass in the first degree. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.52.070. (Ord. 1724 § 14, 1998). (Revised 8/98) 9-20 Port Orchard Municipal Code 9.28.130 9.28.040 Criminal trespass in the second degree. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.52.080. (Ord. 1724 § 14, 1998). 9.28.050 Defenses to criminal trespass. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.52.090. (Ord. 1724 § 14, 1998). 9.28.060 Malicious mischief third degree. (1) A person is guilty of malicious mischief third degree if he or she knowingly and maliciously causes physical damage to property, public or pri- vate, of another, in the amount of $250.00 or less. (2) The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a por- tion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.48.100, 9A.48.090(2). (Ord. 1724 § 14, 1998). 9.28.070 Possession of stolen property third degree. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.56.140(1), 9A.56.140 (2), 9A.56.170. (Ord. 1724 § 14, 1998). 9.28.090 Theft third degree. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.56.020, 9A.56.050. (Ord. 1724 § 14, 1998). 9.28.100 Vehicle prowling. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.52.100. (Ord. 1724 § 14, 1998). 9.28.110 Unlawful issuance of a bank check. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.56.060. (Ord. 1724 § 14, 1998). 9.28.120 Failure to deliver leased personal property. (1) Every person being in possession thereof who shall willfully and without reasonable cause fail to deliver leased personal property valued at $250.00 or less to the lessor within 10 days after written notice of the expiration of the lease has been mailed to the lessee by registered or certified mail with return receipt requested, shall be guilty of failure to deliver leased personal property. (2) There shall be no prosecution under this section unless such lease is in writing, and contains a warning that failure to promptly return leased property may result in a criminal prosecution, and the notice mailed pursuant to the provisions of this subsection shall clearly state that the lessee may be guilty of a crime upon his failure to return the prop- erty to the lessor within 10 days. (3) In any prosecution under this section, any allegation containing a description of the lease by reference to the date thereof and names of the par- ties shall be sufficiently definite and certain. (4) As used in this section, the term "lease" shall also include rental agreements. (5) The provisions of this section shall be cumulative and nonexclusive and shall not affect any other criminal provision. (6) Failure to return leased personal property is a misdemeanor. (Ord. 1724 § 14, 1998). 9.28.130 Theft of cable television services. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.56.220. (Ord. 1724 § 14, 1998). 9-21 (Revised 8/98) 9.28.140 9.28.140 Defrauding a public utility third degree. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.61.010, 9A.61.020, 9A.61.050, 9A.61.060, 9A.61.070. (Ord. 1724 § 14, 1998). 9.28.150 Reckless burning. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.48.050, 9A.48.060. (Ord. 1724 § 14, 1998). 9.28.160 Making or possessing burglary tools. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.52.060. (Ord. 1724 § 14, 1998). 9.28.170 Computer trespass second degree. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.52.120. (Ord. 1724 § 14, 1998). 9.28.180 Obscuring the identity of a machine. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9A.56.180. (Ord. 1724 § 14, 1998). Chapter 9.30 NUISANCES Sections: 9.30.010 Definitions. 9.30.020 Types of nuisances. 9.30.030 Prohibited conduct. 9.30.040 Disposal of diseased animal carcass — Violation a misdemeanor. 9.30.050 Enforcement — Notice. 9.30.060 Abatement by the city. 9.30.070 Abatement by owner or other responsible person. 9.30.080 Appeal. 9.30.090 Immediate danger — Summary abatement. 9.30.100 Additional remedies. 9.30.010 Definitions. The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings: (1) "Abate" means to repair, remove, replace or destroy or otherwise remedy the condition in ques- tion by such means and in such a manner and to such an extent as the enforcement officer in his/her judgement, determines is necessary in the interest of the general health, safety and welfare of the community. (2) "Enforcement officer" means an individual or group of individuals appointed by the city coun- cil for the purpose of enforcing this chapter. (3) "Premises" means any building, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent side- walks and parking strips. (4) "Responsible person" means any agent, les- see or other person occupying or having charge or control of any premises, except the owner. (Ord. 1724 § 15, 1998). 9.30.020 Types of nuisances. Each of the following conditions, unless other- wise permitted by law, is declared to constitute a public nuisance and whenever the enforcement officer determines that any of these conditions exist upon any premises or in any lake, river, stream, drainageway, or wetlands, the officer may require or provide for the abatement thereof pursu- ant to this chapter: (Revised 8/98) 9-22 Port Orchard Municipal Code 9.30.020 (1) The existence of any weeds, trash, dirt, filth, the carcass of any animal, waste shrubs, accumula- tion of lawn or yard trimmings or other offensive matter; (2) The existence of any dead, diseased, infested or dying tree that may constitute a danger to street trees, streets or portions thereof; (3) The existence of any tree, shrub or foliage, unless by consent of the city, which is apt to destroy, impair, interfere or restrict: (a) Streets, sidewalks, sewer, utilities or the public improvements, (b) Visibility on, or free use of, or access to such improvements; (4) The existence of any vines or climbing plants growing into or over any street tree, or any public hydrant, pole or electrolier, or the existence of any shrub, vine or plant growing on, around or in front of any hydrant, standpipe, sprinkler system connection or any other appliance or facility pro- vided for fire protection purposes in such a way as to obscure the view thereof or impair the access thereto; (5) The existence of any accumulation of mate- rials or objects in a location when the same endan- gers property, safety or constitutes a fire hazard; (6) The existence of a sidewalk or a portion of a sidewalk adjacent to any premises which is out of repair, and in a condition to endanger persons or property, or in a condition to interfere with the pub- lic convenience in the use of such sidewalk; (7) The existence of caterpillar infestation; (8) The burning or disposal of refuse, sawdust or any other material without a permit; (9) The existence of any obstruction to a street, alley, crossing or sidewalk, and any excavation in or under any street, alley, crossing or sidewalk, which is by ordinance prohibited, or which is made without lawful permission or which, having been made by lawful permission is kept and maintained after the purpose thereof has been accomplished, or for an unreasonable length of time; (10) The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or pre- mises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of the following disor- derly, disease -causing places, conditions or things: (a) Any putrid, unhealthy or unwholesome bones, meat, hides, skins, the whole or any part of any dead animal, fish or fowl, or waste parts of fish, vegetable or animal matter in any quantity; but nothing herein shall prevent the temporary retention of waste in approved covered receptacles, (b) Any privies, vaults, cesspools, sumps, pits or like places which are not securely protected from flies and rats, or which are foul or malodor- ous, (c) Any filthy, littered or trash -covered dwellings, cellars, house yards, barnyards, stable yards, factory yards, vacant areas in the rear of stores, vacant lots, houses, buildings or premises, (d) Any animal manure in any quantity which is not securely protected from flies or weather conditions, or which is kept or handled in violation of any ordinance of the city, (e) Any poison oak or poison ivy, Russian thistle, tansy ragwort or other noxious weeds, whether growing or otherwise; but nothing herein shall prevent the temporary retention of such weeds in approved covered receptacles, (f) Any bottles, cans, glass, ashes, small pieces of scrap iron, wire, metal articles, bric-a- brac, broken stone or cement, broken crockery, broken glass, broken plaster and all such trash, or abandoned material, unless it is kept in approved covered bins or galvanized iron receptacles, (g) Any trash litter, rags, accumulations of empty barrels, barrels, boxes, crates, packing cases, mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, or anything whatsoever in which flies or rats may breed or multiply or which may be a fire hazard; (11) The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk, park, parkway or other public place which is open to travel, of any hay, straw, paper, wood, boards, boxes, leaves, manure or other rubbish or material; (12) The existence of any fence or other struc- ture or thing on private property abutting or front- ing upon any public street, sidewalk or place which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition; (13) The existence on any premises of any unused or abandoned trailer, house trailer, automo- bile, boat or other vehicle which is not currently registered with the state of Washington and does not have a current registration tab on the vehicle's license plate which is attached to that vehicle, with the following three exceptions: 9-23 (Revised 8/98) 9.30.030 (a) An unregistered vehicle or trailer may be stored in a garage if that garage is secured with a door, which can be closed, (b) One unregistered vehicle or trailer per residential lot can be stored under a tarp if the tarp is well maintained and secured to that vehicle, (c) Any of the above listed items which are usable but not required to be registered by the state of Washington or the state of residence of the legal owner(s); (14) The existence on any premises of any major parts of a trailer, house trailer, automobile, boat or other vehicle, to include batteries, tires, and wheels; (15) The storage or placement of household garbage, litter, construction debris or other trash in any trailer, house trailer, automobile, boat or other vehicle for more than 24 hours; (16) The existence on any premises of any abandoned or unused well, cistern or storage tank without first demolishing or removing from the city such storage tank or securely closing and bar- ring any entrance or trapdoor thereto or without filling any well or cistern or capping the same with sufficient security to prevent access thereto by chil- dren; (17) The existence on any premises in a place accessible to children, of any unattended and/or discarded icebox, refrigerator or other large appli- ance; (18) The existence of any drainage onto or over any sidewalk or public pedestrian way; (19) The existence of any goods, merchandise or property of any kind on any streets, alleys or sidewalk of the city which unreasonably obstructs pedestrian or vehicular traffic. (Ord. 1724 § 15, 1998). 9.30.030 Prohibited conduct. (1) It is unlawful for any responsible person or owner to permit, maintain, suffer, carry on or allow, upon any premises or in lake, river, stream, drainage way or wetlands, any of the acts or things declared by this chapter to be a public nuisance. (2) It is unlawful for any person to create, main- tain, carry on or do any of the acts or things declared by this chapter to be a public nuisance. (Ord. 1724 § 15, 1998). 9.30.040 Disposal of diseased animal carcass — Violation a misdemeanor. Every person owning or having charge of any animal that has died or been killed on account of disease shall immediately bury the carcass thereof at least three feet underground at a place approved by the (city or county) health officer. No person shall sell or offer to sell or give away the carcass of any animal, which died or was killed on account of disease. Every violation of any provision of this section is a misdemeanor. (Ord. 1724 § 15, 1998). 9.30.050 Enforcement — Notice. Any enforcement officer appointed by the city council, having knowledge of any public nuisance, shall cause any owner or other responsible person to be notified of the existence of a public nuisance on any premises and shall direct the owner or other responsible person to abate the condition within 10 days after notice. (The notice shall be substantially in the following form): NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION TO (name and address of person notified) As owner, agent, leasee or other person occu- pying or having charge or control of the build- ing, lot or premises at you are hereby notified that the undersigned pursuant to Ordi- nance of the City of Port Orchard has de- termined that there exists upon or adjoining said premises the following condition contrary to the provisions of subsection of City Or- dinance You are hereby notified to abate said condition to the satisfaction of the undersigned within ten (10) days of the date of this notice. If you do not abate such condition within ten (10) days, the City may abate the condition at your expense. In addition, the City may begin issuing citations pursuant to subsection of Ordinance No. Abatement is to be accomplished in the follow- ing manner: (Revised 8/98) 9-24 Port Orchard Municipal Code 9.30.100 You may appeal this Notice to Abate decision by filing a written notice of appeal with the City Council of the City of Port Orchard within five days after the date of this notice. Dated Name of Officer (Ord. 1724 § 15, 1998). 9.30.060 Abatement by the city. In all cases where the enforcement officer has determined to proceed with abatement by the city 10 days after notice the city shall acquire jurisdic- tion to abate the condition at the person's expense as herein provided. Upon the abatement of the con- dition or any portion thereof by the city, all expenses thereof shall constitute civil debt owing to the city jointly and severally by such of the per- sons who have been given notice as herein pro- vided. The debt shall be collectable in the same manner as any other civil debt owing to the city. (Ord. 1724 § 15, 1998). 9.30.070 Abatement by owner or other responsible person. If and when an owner or other responsible per- son shall undertake to abate any condition described in this chapter, whether by order of the enforcement officer or otherwise, all needful and legal conditions pertinent to the abatement may be imposed by the enforcement officer. It is unlawful for the owner or other responsible person to fail to comply with such conditions. Nothing in this chap- ter shall relieve any owner or other responsible per- son of the obligation of obtaining any required permit to do any work incidental to the abatement. (Ord. 1724 § 15, 1998). 9.30.080 Appeal. Any person who has received a notice to abate a condition as determined by the code enforcement officer under POMC 9.30.050 may appeal said determination by filing written notice of appeal within five days after the date of said notice to abate, with the city council. Said notice shall set forth the grounds upon which the appeal is based. Upon receipt of notice of appeal the city council shall hold a hearing not more than 30 days after said appeal was filed. It shall be the duty of the code enforcement officer to present proof relating to the grounds for the issuance of the notice to abate. If the city council finds that a nuisance exists based on the criteria of this chapter the council shall order that such nuisance be abated pursuant to this chapter and shall set forth reasonable time lim- its for such abatement. If the council finds that a nuisance does not exist under this chapter, the council shall cancel the notice to abate. Upon the filing of a proper notice of appeal under POMC 9.30.070, the time limits specified in POMC 9.30.050 and 9.30.060 shall be stayed during the pendency of the appeal. (Ord. 1724 § 15, 1998). 9.30.090 Immediate danger — Summary abatement. Whenever any condition on or use of property causes or constitutes or reasonably appears to cause or constitute an imminent danger to the health or safety of the public or a significant por- tion thereof, the enforcement officer shall have the authority to summarily and without notice abate the same. The expenses of such abatement shall become a civil debt against the owner or other responsible party and be collected as provided in POMC 9.30.060. (Ord. 1724 § 15, 1998). 9.30.100 Additional remedies. In addition to any other remedy provided in this chapter, any owner, responsible person, firm, cor- poration or agent which violates, disobeys, omits, neglects or refuses to comply with any of the pro- visions of this chapter shall be deemed guilty of a civil infraction. Each five -calendar -day period that a violation exists constitutes a separate offense. (Ord. 1724 § 15, 1998). 9-25 (Revised 8/98) 9.32.010 Chapter 9.32 OFFENSES BY AND AGAINST MINORS Sections: 9.32.010 Definitions. 9.32.020 Leaving child unattended in a parked automobile. 9.32.030 Purchasing or obtaining tobacco by persons under the age of 18 — Civil infraction. 9.32.040 Contributing to the delinquency of a minor. 9.32.050 Leaving a child unattended. 9.32.010 Definitions. For the purposes of this chapter, the words con- tained in this chapter are defined as follows: (1) "Abused child" means a physically or sexu- ally mistreated child as defined in RCW 13.34.030. (2) "Child" means a person less than 18 years of age, unless otherwise specified. (3) "Delinquent act" means an act committed by a child, which would be designated a crime if committed by an adult. (4) "Dependent child" means a child who is: (a) Neglected, as defined in subsection (6) of this section; or (b) Abused as defined in subsection (1) of this section. (5) "Minor" means any person less than 18 years of age, unless otherwise specifically desig- nated. (6) "Neglected child" means a child who is: (a) Without a parent or legal guardian, or legal custodian or who has been abandoned by such; or (b) In a situation of clear and present danger of suffering substantial damage to his or her mental or physical health; or (c) A runaway from his or her home or a fugitive from his or her parent or guardian. (Ord. 1724 § 16, 1998). 9.32.020 Leaving child unattended in a parked automobile. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9.91.060. (Ord. 1724 § 16, 1998). 9.32.030 Purchasing or obtaining tobacco by persons under the age of 18 — Civil infraction. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 70.155.080. (Ord. 1724 § 16, 1998). 9.32.040 Contributing to the delinquency of a minor. (1) A person is guilty of contributing to the delinquency of a minor if, by act or omission, he or she knowingly causes or encourages a minor to commit or otherwise contributes to a minor's com- mission of a delinquent act. (2) Contributing to the delinquency of a minor is a misdemeanor. (Ord. 1724 § 16, 1998). 9.32.050 Leaving a child unattended. (1) It is unlawful for any person having the care and custody, whether temporary or permanent, of a child five years old or less to leave such a child unattended. (2) For purposes of this section, a person leaves a child "unattended" if that person leaves the child without the direct and immediate supervision by any person 12 years old or older and under circum- stances causing alarm in a reasonable person as to the safety and welfare of the child. (3) Leaving a child unattended is a misde- meanor. (Ord. 1724 § 16, 1998). (Revised 8/98) 9-26 Port Orchard Municipal Code 9.34.010 Chapter 9.34 LITTERING Sections: 9.34.010 Definitions. 9.34.020 Littering in public place. 9.34.030 Posting notices. 9.34.040 Placing handbills on vehicles. 9.34.050 Handbill distribution prohibited where posted. 9.34.060 Distribution of handbills at private premises. 9.34.010 Definitions. For the purposes of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein: (1) "Aircraft" is any contrivance now known or hereafter invented, used, or designed for naviga- tion or for flight in the air. The word "aircraft" shall include, but is not limited to, helicopter and lighter than air dirigibles and balloons. (2) "Authorized receptacle" is a litter storage and collection receptacle as authorized by the city of Port Orchard. (3) "Commercial handbill" is any printed or written matter, any sample or device, dodger, cir- cular, leaflet, pamphlet, paper, booklet, or any printed or otherwise reproduced original or copies of any matter of literature which: (a) Advertise for sale any merchandise, product, commodity, or thing; or (b) Directs attention to any business or mer- cantile or commercial establishment, or other activity for the purpose of either directly or indi- rectly promoting thereof by sales; or (c) Directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purposes of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for purposes of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and welfare; pro- vided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhi- bition, or event of any kind, without a license, where such license is or may be required by law of this state, or under any ordinance of this city; or (d) While containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the pri- vate benefit and gain of any person so engaged as advertiser or distributor. (4) "Garbage" is putrescible animal and vegeta- ble wastes resulting from the handling, prepara- tion, cooking, and consumption of food. (5) "Litter" is "garbage", "refuse", and "rub- bish" as defined herein and all other waste material which, if thrown or deposited as prohibited in this chapter, tends to create a danger to public health, safety, and welfare. (6) "Newspaper" is any newspaper of general circulation as defined by general law, any newspa- per duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law; and in addition thereto, shall mean and include any periodical or current magazine regu- larly published with not less than four issues per year, and sold to the public. (7) "Noncommercial handbill" is any printed or written matter, any sample or device, dodger, cir- cular, leaflet, pamphlet, paper, booklet, or any printed or otherwise reproduced original or copies of any matter of literature not included in the defi- nition of a "commercial handbill" or "newspaper". (8) "Private premises" is any house, building, dwelling or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such building, house, dwelling or other structure. (9) "Refuse" is all putrescible and nonputresci- ble solid wastes (except body wastes) including garbage, rubbish, ashes, street cleanings, dead ani- mals, abandoned automobiles, and solid market and industrial wastes. (10) "Rubbish" is nonputrescible solid wastes consisting of both combustible and noncombusti- ble wastes such as paper, wrappings, cigarettes, tin 9-27 (Revised 8/98) 9.34.020 cans, yard clippings, wood, glass, bedding, crock- ery, and similar materials. (Ord. 1724 § 17, 1998). 9.34.020 Littering in public place. (1) No person shall throw or deposit litter in or upon any public place within the city except in public receptacles or in authorized private recepta- cles for collection. (2) Persons placing litter in public receptacles or authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements in or upon any public place or private property. (3) No person shall move any vehicle within the city unless such vehicle is so constructed or loaded as to prevent any litter from being blown or depos- ited upon any public place. (4) No person shall throw out, drop or deposit within the city any litter, handbill, or any other object. (5) Littering in a public place is a misdemeanor. (Ord. 1724 § 17, 1998). 9.34.030 Posting notices. (1) No person shall post or affix any notice, poster, or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole, or upon any public structure or building except as may be authorized or required by law. (2) No person shall be prosecuted under this section unless the violation occurred subsequent to that person receiving actual notice that such con- duct is criminal. (3) Posting notices is a misdemeanor. (Ord. 1724 § 17, 1998). 9.34.040 Placing handbills on vehicles. (1) No person shall deposit any commercial or noncommercial handbill in or upon any vehicle unless that person has been issued a license to dis- tribute handbills pursuant to POMC 5.52.100 and has posted a bond pursuant to POW 5.52.110; provided, however, that it is not unlawful in any public place for a person to hand or distribute with- out charge to the receiver thereof, a noncommer- cial handbill to any occupant of a vehicle who is willing to accept it. (2) Placing handbills on vehicles is a misde- meanor. (Ord. 1724 § 17, 1998). 9.34.050 Handbill distribution prohibited where posted. (1) No person shall deposit or distribute any commercial or noncommercial handbill upon any private premises, if required by anyone thereon not to do so, or if there is placed on the premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisements", "No Soliciting," or any other similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. (2) Distribution of a handbill in violation of this section is a misdemeanor. (Ord. 1724 § 17, 1998). 9.34.060 Distribution of handbills at private premises. (1) No person shall deposit or distribute any commercial or noncommercial handbill in or upon any private premises, except by handing or trans- mitting such handbill directly to the owner, occu- pant, or other person then present in or upon such private premises, or by placing or depositing such handbill as to secure them from being blown or drifted about such premises or any public place. (2) The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers, except that newspapers shall be placed on private property in such a man- ner as to prevent their being carried or deposited by the elements upon any private premises or public place. (3) Distribution of a handbill in violation of this section is a misdemeanor. (Ord. 1724 § 17, 1998). (Revised 8/98) 9-28 Port Orchard Municipal Code 9.36.030 Chapter 9.36 WEAPONS AND EXPLOSIVES Sections: 9.36.010 Definitions. 9.36.020 Statutes adopted by reference. 9.36.030 Unlawful use of weapons. 9.36.010 Definitions. (1) The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a por- tion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9.41.010. (2) "Aerosol tear gas personal protection device" means a container for dispensing tear gas, the active ingredient of which is either chlorace- tophenone (CN) or O-chlorobenzylidene malonot- rile (CS) within the range of .08% to 1.2% of the net contents by volume, oleoresin capsicum, or other nonlethal irritant or inflammatory agent, which container has a net weight of 150 grams or less. (3) "Air gun" as used in this chapter means and includes the following: air gun, air pistol, air rifle, BB gun and toy gun of any kind or nature when so designed, contrived, modified and used to propel, by compressed air, gas or spring loaded plunger, any pellet, dart, hard tipped arrow, bean, pea, BB, rock or any other hard substance a distance of more than 25 feet with sufficient force to break windows or to inflict injury upon persons or animals. (4) "Dangerous knife" means any fixed -blade knife and any other knife having a blade of more than three and one-half inches in length. (5) "Fixed -blade knife" means any knife, regardless of blade length, with a blade which is permanently open and does not fold or retract or slide into the handle of the knife, and includes, but is not limited to, any dagger, sword, bayonet, bolo knife, hatchet, axe, straight -edged razor, or razor blade not in a package, dispenser or shaving appli- ance. (6) "Gas pen", "gas pencil", "gas bomb", and "gas pistol" means any pen, pencil, bomb, pistol or other device which is capable of containing and emitting tear gas or any noxious liquid, gas or sub- stance; provided, that this definition does not include an aerosol personal protection device as defined in subsection (1) of this section. (7) "Switchblade knife" means any knife hav- ing a blade that opens automatically by hand pres- sure applied to a button, spring mechanism or other device, or blade that opens, falls or ejects into posi- tion by force of gravity or by an outward, down- ward or centrifugal thrust or movement. (Ord. 1724 § 18, 1998). 9.36.020 Statutes adopted by reference. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 9.41.050, 9.41.060, 9.41.070, 9.41.080, 9.41.090, 9.41.097, 9.41.098, 9.41.100, 9.41.110, 9.41.120, 9.41.140, 9.41.170, 9.41.230, 9.41.240, 9.41.260, 9.41.270, 9.41.280, 9.41.300. (Ord. 1724 § 18, 1998). 9.36.030 Unlawful use of weapons. (1) Any person who shall knowingly sell, man- ufacture, purchase, possess, or carry any blackjack, sand -club, metal knuckles, switchblade knife, throwing stars, gas pen, gas pencil, gas bomb, gas pistol or any device or attachment of any kind designed, used or intended for use in silencing the noise of any firearm shall be guilty of a misde- meanor. (2) The municipal court may order forfeiture of any weapon identified in this section. (Ord. 1724 § 18, 1998). 9-29 (Revised 8/98) 9.40.010 Chapter 9.40 CLOSING AREA DURING CALAMITY Sections: 9.40.010 Authorization. 9.40.010 Authorization. Whenever a menace to the public health or safety is created by a calamity such as a flood, storm, fire, earthquake, explosion, accident, or other condition creating a hazard, any peace officer may close the area where the menace exists for the duration thereof by means of ropes, markers, guards, or other designations, to any and all per- sons not authorized by such officer to enter or remain within the closed area. Any person who wilfully enters such area without authority or remains within the area after notice to evacuate shall be guilty of a misdemeanor. (Ord. 789 § 1, 1967). Chapter 9.44 SMOKING PROHIBITED IN CITY WORKPLACES Sections: 9.44.010 Definitions. 9.44.020 Smoking prohibited. 9.44.030 Duties. 9.44.040 Defacing signs prohibited. 9.44.050 Penalties and enforcement — Fines. 9.44.060 Private actions. 9.44.070 Liberal construction. 9.44.010 Definitions. As used in this chapter, the following terms have the meanings indicated: (1) "City personnel" means any elected or appointed official or department head of the city of Port Orchard, including all employees of the city of Port Orchard. (2) "City workplace" means any structure or portion thereof owned and/or operated by or under the authority of the city of Port Orchard. (3) "Public business" means any activity, ser- vice, work or function done by or on behalf of, or under the authority of the city of Port Orchard by city personnel. (4) "Smoke" or "smoking" means the carrying or smoking of any kind of lighted pipe, cigar, ciga- rette or any other lighted smoking equipment, implement, apparatus or item. (Ord. 1708 § 1, 1997; Ord. 1457 § 1, 1989). 9.44.020 Smoking prohibited. No person shall smoke in a city building or workplace except decks, porches or similar struc- tures open to the weather on at least three sides. (Ord. 1708 § 2, 1997; Ord. 1457 § 2, 1989). 9.44.030 Duties. (1) This chapter shall be announced by all department heads, elected officials or other super- visors to all employees of their respective depart- ments within two weeks following adoption of the ordinance codified in this chapter. (2) Notice of this chapter shall be posted con- spicuously at each entrance and in prominent loca- tions throughout all city workplaces. (3) Department heads, elected officials or other city personnel having control or supervision of a (Revised 8/98) 9-30 Port Orchard Municipal Code 9.44.070 city workplace shall make every reasonable effort to ensure compliance with this chapter, including but not limited to posting signs as appropriate under this chapter, advising those who are smoking in a city workplace to refrain from smoking, and advising the public or city personnel that smoking is not prohibited outside of city workplaces. (Ord. 1708 § 3, 1997; Ord. 1457 § 5, 1989). 9.44.040 Defacing signs prohibited. No person shall alter, deface, remove or destroy any sign posted in compliance with this chapter. (Ord. 1708 § 4, 1997; Ord. 1457 § 6, 1989). 9.44.050 Penalties and enforcement — Fines. (1) Any person violating this chapter by smok- ing in a city workplace or altering, defacing, removing or destroying signs posted in compliance with this chapter shall be liable for a civil fine of $50.00. (2) The Port Orchard police department shall enforce this chapter by issuing a notice of infrac- tion and citing to this chapter. Such notice of infraction shall be made upon the same forms as for traffic infractions. (3) Any violations of this chapter for which a notice of infraction is issued shall be disposed of in the same manner as provided for traffic infractions under Chapter 46.63 RCW, as now or hereafter amended, incorporated by this reference, except as follows: (a) The provisions in Chapter 46.63 RCW relating to provision of records to the Department of Licensing in accordance with RCW 46.20.270 are not applicable to this chapter; and (b) The provisions in Chapter 46.63 RCW relating to impositions of sanctions against a per- son's driver's license or vehicle license are not applicable to this chapter. (4) All fines or forfeitures collected upon enforcement of this chapter shall be paid into the general fund of the city of Port Orchard. (Ord. 1708 § 5, 1997; Ord. 1457 § 7, 1989). 9.44.060 Private actions. (1) This chapter shall not be construed to pro- hibit private persons or organizations from bring- ing an action to enjoin violations of this chapter, nor shall it be construed to limit other actions in any way. (2) In undertaking enforcement of this chapter, the city of Port Orchard is assuming and undertak- ing only to promote the general welfare. The city of Port Orchard is not assuming, nor is it imposing on city personnel, an obligation for breach of which the city or its personnel are liable in money dam- ages. (Ord. 1708 § 6, 1997; Ord. 1457 § 8, 1989). 9.44.070 Liberal construction. This chapter is remedial in nature and shall be liberally construed to give full effect to the objec- tives and purposes for which it was enacted. (Ord. 1708 § 7, 1997; Ord. 1457 § 9, 1989). 9-31 (Revised 8/98) 9.46.010 Chapter 9.46 COMMERCIAL ACTIVITY PROHIBITED ON CITY -OWNED DOCKS AND PIERS Sections: 9.46.010 Commercial activity Prohibited — Defined. 9.46.020 Moorage — Hours. 9.46.030 Moorage — 15-minute limit. 9.46.040 Violation — Penalty. 9.46.010 Commercial activity — Prohibited — Defined. There shall be no commercial activity on the DeKalb Street Pedestrian Pier or the Water Street Boat Launch. Commercial activity is defined as, but not limited to, loading or unloading cargo from commercial fishing boats, repair of commercial watercraft and repairing, maintaining or drying of fishing nets, and loading or unloading commercial cargo, to include logs or merchandise. (Ord. 1631 § 1, 1995). 9.46.020 Moorage — Hours. There shall be no moorage at the DeKalb Street Pedestrian Pier between the hours of 11:00 p.m. and 6:00 a.m. (Ord. 1631 § 2, 1995). 9.46.030 Moorage —15-minute limit. Moorage at the Water Street Boat Launch shall be limited to 15 minutes. (Ord. 1631 § 3, 1995). 9.46.040 Violation — Penalty. Any person, firm or corporation violating any of the provisions of this chapter shall, upon convic- tion thereof, be guilty of a misdemeanor and be punished by a fine in any sum not exceeding $100.00. (Ord. 1631 § 4, 1995). Chapter 9.48 INFORMATION ABOUT OFFENSES AGAINST CITY PROPERTY Sections: 9.48.010 Reward for information. 9.48.020 City employees exempted. 9.48.010 Reward for information. There is authorized to be paid to any person who furnishes to the city information leading to the judicial identification or conviction of any person who has wilfully or maliciously damaged, injured, destroyed or removed without proper authority municipal property in violation of ordinances of the city a reward in the amount of $100.00. (Ord. 1010 § 1, 1977). 9.48.020 City employees exempted. A single reward shall be payable in the sole dis- cretion of the mayor to any one or more persons for information with respect to a single occurrence as hereinafter described, except that rewards shall not be payable to any city employee while in the line of duty. (Ord. 1010 § 2, 1977). (Revised 8/98) 9-32 Chapters: Title 10 VEHICLES AND TRAFFIC Article L Model Traffic Ordinance 10.04 Statutes Adopted 10.08 Speed Limits 10.12 Parking, Standing and Stopping 10.14 Residential Parking Permit System 10.16 Highway Access 10.20 Repealed Article II. Miscellaneous Provisions 10.60 Fire Lanes 10.62 Weight Limits 10.66 Snow Route 10.72 Vehicle Impoundment 10.76 Parking Violators 10.80 Traffic Violations Bureau 10.84 Miscellaneous Driving Provisions 10.86 Commute Trip Reduction 10.88 Boating Provisions 10.92 Junk Vehicles 10.96 RV Park Permit System 10-1 (Revised 8/98) Port Orchard Municipal Code 10.12.160 in the office of the city clerk. In addition, copies thereof shall be available for use and examination by the public during regular business hours. (2) Failure to comply with a parking restriction or prohibition adopted by the city council and filed with the city clerk shall be cited under this section and shall constitute a Class A traffic infraction. (Ord. 1650 § 9, 1996). 10.12.090 Obedience to angle -parking signs or markings. (1) Upon those highways which have been signed or marked for angle -parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. (WAC 308-330-430) (2) Violation of this section is a Class A parking infraction. (Ord. 1650 § 10, 1996). 10.12.100 Police car zones. (1) When signs are erected by the city engineer giving notice thereof, no person shall stop, stand, or park a vehicle other than a police car or an park- ing enforcement vehicle in a police car zone when any such zone has been officially designated by the city engineer; except, the driver of a passenger vehicle may temporarily stop there for the purpose of or while actually engaged in loading or unload- ing passengers when such stopping or standing does not interfere with any police car waiting to enter or about to enter such stop. (2) Violation of this section is a Class A parking infraction. (Ord. 1650 § 11, 1996). 10.12.110 Violation of handicapped parking permit. It is a parking infraction, with a monetary pen- alty as provided for in RCW 46.16.381(7), as amended, for any persons to park a vehicle in a parking place provided on private property without charge or on public property reserved for physi- cally disabled persons without a special license plate or placard issued pursuant to RCW 46.16.381 or 46.16.390. If a person is charged with a viola- tion, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the special license plate or placard required under this section. (Ord. 1720 § 1, 1998; Ord. 1650 § 12, 1996). 10.12.120 Yellow curbs. (1) Yellow painted curbs indicate no parking zones. No person shall park a vehicle adjacent to a painted yellow curb. (2) Violation of this section is a Class A parking infraction. (Ord. 1650 § 13, 1996). 10.12.130 Parking not to obstruct traffic. (1) No person shall park a vehicle upon a high- way in such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for free movement or vehicular traffic. (2) No person shall stop, stand, or park a vehi- cle within an alley in such position as to block the driveway entrance to any abutting property. (WAC 308-330-433) (3) Violation of this section is a Class A parking infraction. (Ord. 1650 § 14, 1996). 10.12.140 Special passes. (1) Motorists who are serving as jurors or wit- nesses for municipal court, district court or supe- rior court may be issued a juror's or witness's pass from the court. This pass will be placed inside the car and will allow the car to park in excess of the posted time limitation on the city street. The juror and/or witness pass shall be dated in order to be valid and is limited to jurors and witnesses. (2) The city engineer may issue special passes to other motorists when the city engineer deter- mines that there is a need for issuance. The special pass will be placed inside the car and will allow the car to park in excess of the posted time limitation on the city street. The special pass shall be dated in order to be valid and limited to only those people who are granted approval by the city engineer. Each pass shall be valid for only that amount of time necessary to accomplish the motorist's need. (Ord. 1650 § 15, 1996). 10.12.150 Expired registrations. (1) No motor vehicle or trailer may park on city right-of-way without license plates with current registration tags attached to that license plate. (2) Violation of this section is a Class B parking infraction. (Ord. 1650 § 16, 1996). 10.12.160 Parking for certain purposes unlawful. (1) No person shall park any vehicle upon any highway for the purpose of- 10-7 (Revised 8/98) 10.12.170 (a) Displaying advertising; (b) Displaying such vehicle for sale; (c) Selling merchandise from such vehicle, except when authorized. (2) No person shall park any vehicle upon any roadway for the principle purpose of washing, greasing, or repairing such vehicle except repairs necessitated by an emergency. (WAC 308-330- 436) (3) Violation of this section is a Class A parking infraction. (Ord. 1650 § 17, 1996). 10.12.170 Inoperable automobiles. (1) No motor vehicle that is inoperable for such reasons as an inoperable engine, transmission fail- ure, flat tire or other deficiency shall park on city right-of-way for more than seven consecutive days. (2) Violation of this section is a Class B parking infraction. (Ord. 1650 § 18, 1996). 10.12.180 Obliterating tire markings. (1) It is unlawful to conceal, obliterate, or erase markings on vehicle tires where said markings were made by a parking enforcement officer for the purpose of recording the period of time a vehicle is stopped in a parking zone. (2) Violation of this section is a Class A parking infraction. (Ord. 1650 § 19, 1996). 10.12.190 Standing in passenger loading zone. (1) No person shall stop, stand, or park a vehi- cle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger loading zone during hours when the regulations applicable to the loading zone are effective, and then only for a period not to exceed three minutes. (WAC 308- 330-439) (2) Violation of this section is a Class A parking infraction. (Ord. 1650 § 20, 1996). 10.12.200 Standing in loading zone. (1) No person shall stop, stand, or park a vehi- cle for any purpose or period of time other than for the expeditious unloading and delivery or pickup and loading of property in any place marked as a loading zone during hours when the provisions applicable to such zone are in effect. In no case shall the stop for loading and unloading of property exceed 30 minutes. (2) The driver of a vehicle may stop tempo- rarily at a loading zone for the purpose of and while actually engaged in loading or unloading passen- gers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter such zone to load or unload property. (WAC 308-330-442) (3) Violation of this section is a Class A parking infraction. (Ord. 1650 § 21, 1996). 10.12.210 Standing in a tow -away zone. (1) No person shall stop, stand, or park a vehi- cle in a place marked as a tow -away zone during hours when the provisions applicable to such zone are in effect. (WAC 308-330-445) (2) Violation of this section is a Class A parking infraction. (Ord. 1650 § 22, 1996). 10.12.220 Violating permits for loading or unloading at an angle to the curb. (1) It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any permit issued by the city engi- neer for the backing of a vehicle to the curb for the purpose of loading or unloading property. (WAC 308-330-448) (2) It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any parking pass issued by the city engineer. (3) Violations of this section is a Class A park- ing infraction. (Ord. 1650 § 23, 1996). 10.12.230 Standing or parking on one-way roadways. (1) In the event a highway includes two or more separate roadways, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are erected to permit such standing or parking. (WAC 308-330-451) (2) Violations of this section is a Class A park- ing infraction. (Ord. 1650 § 24, 1996). 10.12.240 Standing, stopping, and parking of buses and taxicabs regulated. (1) The operator of a bus shall not stand or park such vehicle upon any highway at any place other than a designated bus stop. This provision shall not prevent the operator of a bus from temporarily stopping in accordance with other stopping, stand- ing, or parking regulations at any place for the pur- (Revised 8/98) 10-8 Port Orchard Municipal Code 10.60.050 Article IL Miscellaneous Provisions Chapter 10.60 FIRE LANES Sections: 10.60.010 Definitions. 10.60.020 Location, construction and identification. 10.60.030 Parking prohibited. 10.60.040 Fire lanes as part of driveways and/or parking areas. 10.60.050 Existing buildings. 10.60.060 Enforcement. 10.60.070 Violation — Penalty. 10.60.010 Definitions. The following definitions shall apply in inter- preting and enforcing this chapter: (1) "Fire lane" means that area within any pub- lic right-of-way, easement or private property, des- ignated for the purpose of permitting fire trucks and other firefighting or emergency equipment to use, travel upon, or park; (2) "Park," "parking," "stop" or "standing" means halting a vehicle, other than an emergency vehicle, whether occupied or not, except when nec- essary to avoid conflict with other traffic or with the directions of a police officer, fire official, traf- fic -control sign or signal; (3) "Vehicle" means a machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides, and transport persons or property, or pull machinery, and shall include, without limitations, automobiles, trucks, trailers and tractors. (Ord. 1705 § 1, 1997). 10.60.020 Location, construction and identification. When required by the fire authority, hard -sur- faced driving lanes shall be provided around facil- ities which by their size, location, design or contents warrant access which exceeds that nor- mally provided by the proximity of city streets. Specific standards are as follows: (1) Lanes shall provide a minimum, unob- structed continuous width and height of 12 feet. (2) Lanes shall be identified by a four -inch - wide line and block letters two feet high, painted in the lane, at 50-foot intervals stating, "FIRE LANE — NO PARKING," color to be bright yellow, or by the posting of signs stating, "FIRE LANE — NO PARKING." Signs shall be posted on or immedi- ately next to the curbline, or on the building. Signs shall be 12 inches by 18 inches and shall have let- ters and background of contrasting colors, readily readable from at least a 50-foot distance. Signs shall be spaced not further than a 50 feet apart, nor shall they be more than four feet from the ground. (3) Fire lanes shall be either asphalt or rein- forced concrete, two inches thick, minimum, or when specifically authorized by the fire authority, compacted crushed rock may be used. (4) When fire lanes connect to city streets or parking lots, adequate clearances and turning radii shall be provided. All proposed plans must have fire authority approval. (Ord. 1705 § 2, 1997). 10.60.030 Parking prohibited. Except when necessary to avoid conflict with other traffic, or with the direction of a police officer, fire official, traffic -control sign, signal or device, no person shall: (1) Stop, stand or park a vehicle, whether occu- pied or not, at any place where official fire lane signs are posted, except: (a) Momentarily to pick up or discharge a passenger or passengers; or (b) Temporarily for the purpose of and while actually engaged in loading property. (Ord. 1705 § 3, 1997). 10.60.040 Fire lanes as part of driveways and/or parking areas. The fire authority may require that areas speci- fied for use as driveways or private thoroughfares shall not be used for parking. These areas, when specified, shall be marked or identified by one of the two means detailed in POMC 10.60.020(2). (Ord. 1705 § 4, 1997). 10.60.050 Existing buildings. When the fire authority determines that a hazard due to inaccessibility of fire apparatus exists around existing buildings, they may require fire lanes to be constructed and maintained as detailed in POMC 10.60.020. (Ord. 1705 § 5, 1997). 10-17 (Revised 8/98) 10.60.060 10.60.060 Enforcement. It shall be the joint duty of the police chief and the fire authority and/or their authorized desig- nee(s) to enforce this chapter as related POMC 10.60.030. It shall be the duty of the fire authority or his authorized designee(s) to enforce the other sections of this chapter. (Ord. 1705 § 6, 1997). 10.60.070 Violation — Penalty. Any person violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction, shall result in a fine of not more than $300.00. (Ord. 1705 § 7, 1997). Chapter 10.62 WEIGHT LIMITS Sections: 10.62.010 Generally. 10.62.020 Designated streets. 10.62.030 Exception. 10.62.040 Signs. 10.62.050 Violation — Penalty. 10.62.010 Generally. The city council establishes that certain streets within the city shall be designated with a weight limit prohibiting vehicles in excess of 15,000 pounds licensed gross vehicle weight. (Ord. 1170 § 1, 1981; Ord. 1084 § 1, 1979). 10.62.020 Designated streets. Certain streets within the city designated with weight limit are as follows: (1) Sidney Avenue between Bay Street and Division Street; (2) Cline Street between Kitsap Street and Division Street; (3) Rockwell Street between Morton Street and Bay Street; (4) Mitchell Avenue from Bay Street south to city limits. (Ord. 1170 § 2, 1981; Ord. 1084 § 2, 1979). 10.62.030 Exception. Vehicles with licensed gross vehicle weight in excess of 15,000 pounds licensed gross vehicle weight will be allowed for local service to residents and places of business, other than the South Kitsap Mall. (Ord. 1170 § 3, 1981). 10.62.040 Signs. The prohibited access streets set forth in POMC 10.62.020 shall be posted on both sides with signs, at least two signs to a block on each side indicating substantially as follows: "WEIGHT LIMIT -NO VEHICLES IN EXCESS OF 15,000 LICENSED GROSS VEHICLE WEIGHT ALLOWED". (Ord. 1170 § 4, 1981; Ord. 1084 § 3, 1979). 10.62.050 Violation — Penalty. Any person operating a vehicle in excess of the designated weight limit shall be guilty of a misde- meanor. (Ord. 1170 § 5,1981; Ord. 1084 § 3, 1979). (Revised 8/98) 10-18 Port Orchard Municipal Code 10.72.020 Chapter 10.66 SNOW ROUTE Sections: 10.66.010 Established. 10.66.020 Signs posted. 10.66.030 Impounding vehicles. 10.66.040 Violation a misdemeanor. 10.66.010 Established. A snow route is established in the city for use during periods of snow, as follows: (1) Kitsap Street from Bay Street to Seattle Street; (2) Seattle Street from Kitsap Street to Dwight Street; (3) Dwight Street from Seattle Street to Harri- son Street; (4) Harrison Street from Dwight Street to Divi- sion Street; (5) Division Street from Harrison Street to Sid- ney Street; (6) Sidney Street from Division Street to Melcher Street. (Ord. 796 § 1, 1968). 10.66.020 Signs posted. The aforesaid snow route shall be posted on both sides with signs, at least two signs to a block, or not more than 200 feet apart on each side of the street, indicating substantially as follows: "No parking during snow. Violators will be impounded". (Ord. 836 § 2, 1969; Ord. 796 § 2, 1968). 10.66.030 Impounding vehicles. The police department of the city is hereby authorized to impound any vehicle found parked on the aforesaid snow route during periods of snow. The owner or operator of the vehicle is required to pay all costs of impounding, including towing and storage. (Ord. 796 § 3, 1968). 10.66.040 Violation a misdemeanor. Any person parking or leaving his vehicle on the snow route during periods of snow shall be guilty of a misdemeanor. (Ord. 796 § 4, 1968). Chapter 10.72 VEHICLE IMPOUNDMENT Sections: 10.72.010 Tow -away zone. 10.72.020 Code violation. 10.72.010 Tow -away zone. A vehicle may be impounded with or without citation and with or without notice to its owner when the vehicle is stopped, standing, or parked in a place marked as a tow -away zone during hours when the provisions applicable to such zone are in effect. (Ord. 1409 § 1, 1987). 10.72.020 Code violation. A vehicle may be impounded with or without citation and with or without notice to its owner when the vehicle is stopped, standing or parked in violation of the RCW 46.90.439, 46.90.442, 46.90.457 and POMC 10.60.030. (Ord. 1409 § 2, 1987). 10-19 (Revised 8/98) 10.76.010 Chapter 10.76 PARKING VIOLATORS Sections: 10.76.010 Declaration. 10.76.020 Notification of hearing for declaration of vehicle as parking violator. 10.76.030 Municipal court judge administrative hearing examiner. 10.76.040 Hearing on declaration of vehicles as parking violator. 10.76.050 Order of immobilization of vehicle. 10.76.060 Immobilization of the vehicle. 10.76.070 Immobilization fee. 10.76.080 Release from immobilization. 10.76.090 Towing of immobilized vehicle. 10.76.100 Procedure at contested cases. 10.76.110 Judicial review. 10.76.120 Rules and regulations. 10.76.010 Declaration. Any vehicle which has accrued $200.00 or more in unpaid parking fines and penalties shall be declared a parking violator in that said vehicle has repeatedly inhibited the orderly movement of vehi- cles into parking spaces on the streets of the city, created an obstruction to traffic, and restricted pub- lic access to limited parking spaces in the city and created a disincentive to others to obey the city's parking ordinances. (Ord. 1716 § 1, 1998). 10.76.020 Notification of hearing for declaration of vehicle as parking violator. Whenever any vehicle shall have been declared a parking violator as per this chapter, the city shall send to the registered and legal owners of said vehicle as shown by the records of the state of Washington Department of Licensing a notifica- tion of hearing on the issue of whether said vehicle constitutes a parking violator as defined in POMC 10.76.010. Notification of hearing on the issue of whether said vehicle constitutes a parking violator shall be sent by first class mail. Said notification shall include the following information: (1) The license number of vehicle; (2) The name of the registered owner of the vehicle as shown by the records of the Washington State Department of Licensing; (3) The date and nature of each violation which will form the basis of the declaration of the vehicle as a parking violator; (4) A statement that the vehicle will be declared a parking violator unless: (a) All outstanding citations and unpaid penalties for violation of the parking ordinance of the city are paid prior to the hearing date, or (b) A request for hearing is filed, no later than 15 calendar days after date of mailing, with the municipal court; (5) A statement that if the vehicle is declared a parking violator it will be subject to immobiliza- tion pursuant to this chapter; (6) The address and telephone number where additional information may be obtained. (Ord. 1716 § 2, 1998). 10.76.030 Municipal court judge administrative hearing examiner. (1) Authority. The city's municipal court judge and any judge pro tern is hereby specifically autho- rized to conduct hearings as set forth in this chap- ter, as an administrative hearing examiner. (2) Jurisdiction. The hearing examiner will be responsible for presiding over all hearings required by this chapter as well as other additional adminis- trative matters over which he/she may be requested to preside. (3) Powers. For purposes of this chapter, the hearing examiner shall have the power to: (a) Administer oaths and affirmations, ex- amine witnesses and receive evidence; (b) Issue subpoenas upon the request of any party. The city attorney and the attorney of record are also authorized to issue subpoenas. When so required, the applicant for the subpoena shall show to the satisfaction of said individual the general rel- evance and reasonable scope of the evidence sought; (c) Rule on offers of proof and receive rele- vant evidence; (d) Hold conferences for the settlement or simplification of the issues by consent of the par- ties; (e) Make decisions which can be incorpo- rated into findings of fact, conclusions of law and order of the municipal court judge and enter orders of default and consent orders; (f) Appoint a pro tern to act in the judge's absence; and (Revised 8/98) 10-20 Port Orchard Municipal Code 10.76.090 (g) Establish rules and procedures to con- duct hearings consistent herewith. (Ord. 1716 § 3, 1998). 10.76.040 Hearing on declaration of vehicles as parking violator. (1) Upon receipt of a timely request for hearing the hearing examiner shall promptly set a hearing within 21 days. The parties shall be notified promptly of the result. (2) The hearing examiner shall enter a finding of parking violator only upon making the following determinations: (a) The identity of the registered and legal owners of the vehicle as shown by the records of the Washington Department of Licensing; (b) The identity of the cited vehicle includ- ing the license number of said vehicle; (c) That the vehicle has accrued $200.00 or more in unpaid parking fines and penalties; (d) That there are not defenses or extenuat- ing and mitigating factors justifying a finding that the vehicle was not a parking violator. (Ord. 1716 § 4, 1998). 10.76.050 Order of immobilization of vehicle. (1) If the registered or legal owner fails to request a hearing within 15 calendar days of the date of mailing of the notice of hearing for declara- tion of vehicle as parking violator, the hearing examiner shall issue a written order declaring the vehicle a parking violator and directing the city's police department and parking enforcement offic- ers to immobilize said vehicle. (2) If the hearing examiner shall make a finding that the vehicle is a parking violator as defined in POMC 10.76.010, the municipal court shall issue a written order declaring the vehicle a parking viola- tor and directing the city's police department and parking enforcement officers to immobilize said vehicle. (Ord. 1716 § 5, 1998). 10.76.060 Immobilization of the vehicle. (1) Upon the order of the hearing examiner directing immobilization of a vehicle, an officer, employee, or agent of the city may temporarily immobilize such vehicle by installing on, or attach- ing to such vehicle, a device designed to restrict the normal movement of such vehicle. At the time the vehicle is immobilized, the city shall cause to be affixed to said vehicle a readily visible notification sticker. Said sticker shall include the following information: (a) The date and time the sticker was affixed; (b) The identity of the officer, employee or agent of the city who immobilized the vehicle; (c) A statement that the vehicle has been immobilized by the city for unpaid parking fines and penalties; (d) A statement that the vehicle may be released from such immobilization at a designated place by the payment of the designated total of unpaid parking violations penalties plus a $25.00 immobilization fee; (e) A statement that unless arrangements are made for the release of said vehicle within 24 hours the vehicle will be towed; (f) A warning that removing or attempting to remove the device before a release is obtained is unlawful; and (g) The address and telephone number and office hours when additional information may be obtained. (2) Copies of this notification shall be mailed to the registered owner and legal owner of the vehicle at the address shown on the records of the Wash- ington State Department of Licensing. (3) The parking restrictions otherwise applica- ble shall not apply to any vehicle immobilized pur- suant to this section. (Ord. 1716 § 6, 1998). 10.76.070 Immobilization fee. Any vehicle immobilized shall be assessed a $25.00 immobilization fee, said fee to be in addi- tion to any other penalty assessed pursuant to this chapter. (Ord. 1716 § 7, 1998). 10.76.080 Release from immobilization. No vehicle immobilized shall be released from the device until payment of the total of unpaid parking violation penalties determined owing by the city, plus the $25.00 immobilization fee assessed pursuant to POMC 10.76.070 have been paid or a cash bond in an amount equal to the sum of said penalties and immobilization fee has been posted as directed by the municipal court. (Ord. 1716 § 8, 1998). 10.76.090 Towing of immobilized vehicle. If no one shall respond to the immobilization of a vehicle within 24 hours of affixing of the immo- 10-20.1 (Revised 8/98) 10.76.100 bilization device said vehicle shall be towed at the expense of the registered or legal owner. Said vehi- cle shall not be released until full payment of all parking penalties and immobilization fee has been paid. The registered or legal owner shall be respon- sible for payment of all towing and storage fees. (Ord. 1716 § 9, 1998). 10.76.100 Procedure at contested cases. In all contested cases: (1) The hearing examiner shall ensure that all interested parties are given proper notice of hear- ings. (2) The hearing examiner may admit and give probative effect to evidence which possesses pro- bative value commonly accepted by reasonably prudent men in the conduct of their affairs. The hearing examiner shall give effect to the rules of privilege recognized by law. The hearing examiner may exclude incompetent, irrelevant, immaterial and unduly prejudicial or repetitive evidence. (3) Every party shall have the opportunity to cross-examine witnesses who testify and shall have the right to submit rebuttal evidence. The hearing examiner may take notice of judicially recogniz- able facts. (4) All evidence including, but not limited to, records and documents in the possession of the hearing examiner of which he/she desires to avail himself/herself shall be offered and no other fac- tual information or evidence shall be considered in the determination of the case. Documentary evi- dence may be received in the form of copies or excerpts or by incorporation by reference. (Ord. 1716 § 10, 1998). 10.76.110 Judicial review. (1) Any party aggrieved by a final decision of the hearing examiner in a contested case is entitled to review thereof in the Kitsap County superior court. (2) Proceedings for review under this section shall be instituted by filing a petition in the superior court. All petitions shall be filed within 30 days after final decision of the hearing examiner. Copies of the petition shall be served on the city as in civil actions. (3) The filing of the petition shall not stay enforcement of the hearing examiner's decision except by order of the municipal court and on post- ing of a bond to be determined by the municipal court naming the city as beneficiary. (4) The review shall be conducted by the court without a jury. The review shall be de novo unless provided otherwise by ordinance. (5) The court may affirm the decision of the hearing examiner or remand the case for further proceedings; or it may reverse the decision if the substantial rights of the petitioners may have been prejudiced because the administrative findings, inferences, conclusions or decisions are: (a) In violation of constitutional provisions; or (b) In excess of statutory authority. (Ord. 1716 § 11, 1998). 10.76.120 Rules and regulations. The municipal court and the city police depart- ment are authorized to promulgate rules and regu- lations necessary to administer this chapter and to receive and account for all sums paid under this chapter. (Ord. 1716 § 12, 1998). (Revised 8/98) 10-20.2 Port Orchard Municipal Code 10.80.030 Chapter 10.80 TRAFFIC VIOLATIONS BUREAU Sections: 10.80.010 Bureau created. 10.80.020 Bails which may be accepted. 10.80.030 Authority to accept bail. 10.80.040 Authority to accept forfeiture of bail — Consequences. 10.80.050 When person charged may elect to appear at bureau or before police judge. 10.80.060 Duties. 10.80.070 Traffic citations. 10.80.080 Records and reports of traffic violations. 10.80.090 Additional duties of traffic violations bureau. 10.80.010 Bureau created. The police judge shall establish a traffic viola- tions bureau to assist the court with the clerical work of traffic cases. The bureau shall be in charge of such person or persons and shall be open at such hours as the police judge may designate. (Ord. 782 § 1, 1967). 10.80.020 Bails which may be accepted. The police judge or judges who hear traffic cases shall designate the specified offenses under the traffic ordinances of this city in respect to which payments of bails may be accepted by the traffic violations bureau in satisfaction thereof, and shall specify by suitable schedules the amount of such bails for first, second, and subsequent offenses, provided such bails are within the limits declared by law or ordinance, and shall further specify what number of such offenses shall require appearance before the police judge. (Ord. 782 § 1, 1967). 10.80.030 Authority to accept bail. The court may by its order authorize the traffic violations bureau to receive the deposit of bail for appearance in court for specified offenses under a bail schedule issued under this section. The traffic violations bureau, upon accepting the prescribed bail, shall issue: (1) A receipt to the alleged violator, and 10-20.3 (Revised 8/98) This page left intentionally blank. (Revised 8/98) 10-20.4 Port Orchard Municipal Code 10.88.030 granted by the CTR hearing examiner if the employer can show the violations for which the penalties were imposed occurred for the reasons beyond the control of the employer, or the penalties were imposed for the failure of the employer to revise its CTR program as directed by Kitsap Tran- sit and the employer can demonstrate that measures Kitsap Transit directed the employer to incorporate in its CTR program are unlikely to reduce the pro- portion of SOV commute trips and/or VMT per employee. (iv) The decision of the hearing exam- iner shall be a final administrative decision in the matter. (Ord. 1569 § 13, 1993). Chapter 10.88 BOATING PROVISIONS Sections: 10.88.010 Statutes adopted by reference. 10.88.020 Nonappearance after written promise. 10.88.030 Refusal to sign notice of infraction or notice of violation. 10.88.010 Statutes adopted by reference. The city adopts by reference RCW 88.02.080, 88.02.095, and WAC 308-93-080, 308-93-135, 308-93-140, 308-93-145, 308-93-155, 308-93- 220, 352-60-030, 352-60-040, 352-60-050, 352- 60-060, 352-60-070, 352-60-080, 352-60-090 and 352-60-100 relating to the regulation and safe operation of vessels in Port Orchard's boating ordi- nances as though fully set forth therein. (Ord. 1724 § 19, 1998). 10.88.020 Nonappearance after written promise. Any person violating his or her written or signed promise to respond to a notice of an infraction or notice of violation under this chapter is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested or the disposition of the notice of infrac- tion or notice of violation. (Ord. 1724 § 19, 1998). 10.88.030 Refusal to sign notice of infraction or notice of violation. Any person who knowingly refuses to sign a promise to appear on a subsequent court date or a promise to respond to an infraction or violation under this chapter is guilty of a misdemeanor. (Ord. 1724 § 19, 1998). 10-31 (Revised 8/98) 10.92.010 Chapter 10.92 JUNK VEHICLES Sections: 10.92.010 Definitions. 10.92.020 Nuisance declared. 10.92.030 Abatement procedure. 10.92.040 Assessment of costs of abatement. 10.92.050 Exceptions. 10.92.060 Alternative abatement. 10.92.070 Hearings. 10.92.010 Definitions. The following sections of the Revised Code of Washington (RCW), and any amendments thereto, are hereby adopted by reference as a portion of the criminal code of the city of Port Orchard as if fully set forth herein: RCW 46.55.010(4). (Ord. 1724 § 20, 1998). 10.92.020 Nuisance declared. A junk vehicle remaining on private property, with or without the consent of the owner, for more than 20 days is a public nuisance and shall be abated in accordance with the procedures listed in POMC 10.92.030. (Ord. 1724 § 20, 1998). 10.92.030 Abatement procedure. (1) A police officer or designated code enforce- ment officer shall inspect and certify that a vehicle meets the requirements of a junk vehicle. The officer shall record the make and vehicle identifi- cation number or license number of the vehicle if available, and shall also describe in detail those cri- teria which bring the vehicle under the definition of a junk vehicle. (2) Upon request from a police officer or desig- nated code enforcement officer presenting the information outlined in subsection (1) of this sec- tion, the city engineer shall issue an abatement notice by registered or certified mail to the last reg- istered owner of record of the vehicle and the record owner of the property upon which the vehi- cle is located that such vehicle has been declared a nuisance, that the city will remove and dispose of the vehicle, that a hearing regarding the removal and disposal of the vehicle may be requested and the manner for requesting such a hearing, that, if no request for a hearing is received by the city within 10 days from the date such notice is mailed, the city will abate the nuisance by removal and disposal of the vehicle, and that costs of removal and disposal may be assessed against the last registered owner of record of the vehicle and the record owner of the property upon which the vehicle is placed; pro- vided, that notice to the last registered owner of record of the vehicle is not required where the vehi- cle is in such condition that identification numbers are not available to determine ownership. (3) If a request for a hearing is received by the city within 10 days from the date the abatement notice is mailed, a notice giving the time, location, and date of the hearing on the question of abatement and removal of the vehicle or part thereof as a pub- lic nuisance shall be mailed, by certified mail, with a five-day return receipt requested, to the owner of record of the property upon which the vehicle is located and to the last registered owner of record; provided, that notice to the last registered owner of record of the vehicle is not required where the vehi- cle is in such condition that identification numbers are not available to determine ownership. (4) After notice has been given to the registered owner of the vehicle and to the record owner of the property upon which the vehicle is located of the intent of the city to remove and dispose of such vehicle as a nuisance, and after a hearing, if requested, has been held, the junk vehicle shall be removed at the request of the city engineer; pro- vided, that notice to the last registered owner of record of the vehicle is not required where the vehi- cle is in such condition that identification numbers are not available to determine ownership. The city engineer shall direct a registered disposer to remove and dispose of such junk vehicle. The city engineer shall additionally notify the Washington State Patrol and the Washington Department of Licensing that such vehicle has been wrecked. (Ord. 1724 § 20, 1998). 10.92.040 Assessment of costs of abatement. (1) Costs of abatement and removal of junk vehicles shall be a joint and several debt assessable against the registered owner of such vehicle and the record owner of the property from which such vehicle is removed for disposal except as otherwise provided for in this section. (2) Costs of abatement and removal of junk vehicles shall not be assessed against the registered owner of such vehicle if the registered owner has transferred ownership prior to the notice of abate - (Revised 8/98) 10-32 Port Orchard Municipal Code 10.96.030 ment being mailed, and the registered owner has complied with RCW 46.12.101. (3) The record owner of the property from which the vehicle is removed for disposal may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with the reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that the landowner has not subse- quently acquiesced in its presence, then the city shall not assess costs for the removal and disposal of such vehicle against the record owner of the property. (Ord. 1724 § 20, 1998). 10.92.050 Exceptions. This chapter relating to junk vehicles shall not apply to: (1) A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or (2) A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed disman- tler or licensed vehicle dealer and is fenced accord- ing to RCW 46.80.130. (Ord. 1724 § 20, 1998). 10.92.060 Alternative abatement. Nothing in this chapter or other ordinances and regulations of the city shall restrict a private land- owners' authority to have vehicles removed under the common law or pursuant to state statutes. (Ord. 1724 § 20, 1998). 10.92.070 Hearings. All hearings required by this chapter shall be conducted by an administrative hearings officer who shall be the judge, or judge pro tem, of the Port Orchard municipal court. The decision of the administrative hearings officer shall be a final deci- sion. (Ord. 1724 § 20, 1998). Chapter 10.96 RV PARK PERMIT SYSTEM Sections: 10.96.010 Registration requirement. 10.96.020 Establishment of park use rules. 10.96.030 Violations and penalties. 10.96.010 Registration requirement. The city shall establish a requirement that each overnight user of the recreational vehicle (RV) park on Harold Drive shall register with the city. (Ord. 1542 § 1, 1992). 10.96.020 Establishment of park use rules. The rules and regulations for the use of the park shall be established by city council resolution. (Ord. 1542 § 2, 1992). 10.96.030 Violations and penalties. (1) Violation of this chapter and/or the park rules adopted pursuant to this chapter by resolution shall be a misdemeanor and subject to a penalty of $25.00 for each day of such violation. (2) Violation of the park rules established by this chapter and/or the park rules adopted pursuant to this chapter by resolution may result in immedi- ate impoundment of the vehicle, recreational vehi- cle or trailer. (Ord. 1542 § § 3, 4, 1992). 10-33 (Revised 8/98) Port Orchard Municipal Code 13.04.020 Chapter 13.04 WATER AND SEWERS Sections: 13.04.010 Bimonthly water rates. 13.04.020 Bimonthly sewer rates. 13.04.030 Water fees. 13.04.040 Sewer fees. 13.04.050 Billing. 13.04.060 Liens. 13.04.070 Vacancies. 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. 13.04.010 Bimonthly water rates. Water rates are based on a monthly rate and are billed on a bimonthly schedule. The water rates, as calculated bimonthly, are shown below: (1) Basic Charge (cost for the first 5,000 gal- lons bimonthly). Size of Service Bimonthly Rate 3/4" $ 14.00 1 " 15.00 1-1/2" 18.00 2" 21.00 3" 27.00 4" 39.00 6" 57.00 8" 81.00 10" 105.00 (2) Consumption Charge (cost above basic con- sumption). RATE 1 0 to 5,000 gallons RATE 2 5,000 — 100,000 gallons Basic Charge Rate 1 plus $1.5011,000 gal RATE 3 In excess of 100,000 Rate 1 plus Rate 2 gallons plus $1.60/1,000 gal (3) Fire Hydrant Service. Schools $ 9.00 per hydrant Private Service $19.00 per hydrant (4) Temporary Construction. One Day Service $1.5011,000 gallons or $10.00 whichever is greater Construction Account As metered: 0 — 100,000 gallons $1.5011,000 gallons In excess of 100,000 gallons $1.60/1,000 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 of the basic charge is determined by the number of customers multiplied by the rate of $14.00. The consumption charge will be computed by subtracting the amount equal to the number of customers multiplied by 5,000 gal- lons from the total gallonage consumed. The rate of the consumption above the basic will be $1.50 per 1,000 gallons up to 100,000 and $1.60 per 1,000 gallons in excess of 100,000 gallons. (6) Properties Outside City Limits. Properties served outside the city limits shall have a 50 per- cent surcharge on the monthly rate. (Ord. 1707 § 2, 1997). 13.04.020 Bimonthly sewer rates. (1) Sewer rates are based on a monthly rate and are billed on a bimonthly schedule. The sewer rates, as calculated bimonthly, are shown as fol- lows: Description Class Single-family residence 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 13-3 (Revised 8/98) 13.04.020 Apartments Mobile home parks Schools Kitsap County Courthouse (main complex) Restaurants Laundromats Taverns Car dealerships Post Office Grocery stores Bowling alley Boat marina Health maintenance organizations Work release and juvenile facilities Kitsap County Public Works Building Car washes Beauty shops and barber shops Day care Gas stations Assisted living units (2) Bimonthly Rates. Class 1 $36.00 5 5 6 7 8 9 10 11 12 13 14 14 14 14 14 15 16 17 18 19 Class 2 $36.00 for each business with a fixture. $ 9.00 for each business, with an employee present, without a fixture. $36.00 for each floor of an office build- ing or retail complex that has a public or community bathroom. Class 2 shall be subject to the following surcharge, based on store/office size: Category Size of store/office Surcharge Small Less that 15,000 sf None Medium 15,000 to 30,000 sf $36.00 Large More than 30,000 sf $72.00 Class 3 $36.00 for the church, plus* $36.00 for the rectory, plus* $36.00 for the annex. *Class 6 for educational parochial schools. Class 4 Base fee of $36.00 plus $9.00 per unit. Class 5 $36.00 per dwelling unit. Class 6 $1.50 for each pupil, teacher, mainte- nance and administrative person. Class 7 $1,404.00 Class 8 Based on the seating capacity as deter- mined by the building official. Description Seating capacity Rate Espresso Bar Not Applicable $ 36.00 Deli 0 $ 54.00 Small 1 to 50 $108.00 Medium 51 to 150 $162.00 Large More than 150 $216.00 The classification of espresso bar includes similar food preparation busi- nesses which do not require the cooking of food or the maintenance of kitchen equipment. Class 9 Base fee of $18.00 plus $9.00 per wash- ing machine. Laundromats with less than four washing machines are considered Class 2. Dry cleaners, without washing machines, are Class 2. Class 10 $90.00 Class 11 $36.00 for sales and administrative office, plus $34.00 for service depart- ment, plus $36.00 for car washing when the water is used to determine cost shar- ing for the sewer treatment plant. Class 12 $126.00 Class 13 Basic fee of $18.00 plus the following surcharges: Description Surcharge Basic Store $18.00 Bakery $18.00 Wetted Down Produce $36.00 Food Disposal $36.00 Meat Cutting Area $72.00 Class 14 Base fee of $18.00 plus $18.00 for each equivalent residential unit (ERU) as (Revised 8/98) 13-4 Port Orchard Municipal Code 13.04.030 determined for the cost sharing formula for the sewer treatment plant. Class 15 Base fee of $18.00 plus $54.00 per car washing bay. Class 16 $36.00 Class 17 Basic fee of $72.00 plus the following surcharges: Description Surcharge Less than 5 children -0- 6 to 25 children $36.00 More than 25 children Class 6 rates Class 18 $36.00 for gasoline retail and service bay. $36.00 for nonautomotive retail. Class 19 Base fee of $36.00 plus $36.00 per unit with private kitchen $ 9.00 per unit without private kitchen, studio apartment Special Notes: (a) Home occupations will not be charged additional sewer fees. (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 council may determine the specific 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. 1707 § 3, 1997). 13.04.030 Water fees. (1) Connection Fees. Connection fees are designed to mitigate the impact of new water demands on the existing water system. For a single-family residence and apartments, the connection fee is $750.00 per dwelling unit. For commercial units, offices, motels, convales- cent centers and other nonresidential uses, the con- nection fee is $750.00 per 10 fixtures or portion thereof. For all other structures that are served by munic- ipal water, the connection fee is $750.00 per 10 fix- tures or portion thereof. A fixture is any fixture as defined in the Uni- form Plumbing Code except water heaters, floor drains used for emergency overflows only, drink- ing fountains if noncontinuous flows and extra fix- tures attached to existing or regular fixtures such as bed pan washers, showers over tubs and hose attachments on sinks. (2) Installation Fee. Installation fees are de- signed to reimburse the utility for the cost required to connect the new service to the water main. The 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" $500.00 1" $600.00 $700.00 2" $800.00 Larger meters Estimated on a case -by - case basis If the water service line exceeds 25 feet, or if the proposed construction is unusually difficult the installation fee will be based on an estimate com- pleted by the city for the required labor and mate- rial. If the service is connected by other than city employees, the inspection fee of $50.00 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 connect the meter if it is one inch or less in size. Larger meters shall be installed by the contractor. (3) Fees in Lieu of Assessment. Fees in lieu of assessment shall be charged on new accounts unless exempted as explained below: 13-5 (Revised 8/98) 13.04.040 (a) The property has previously participated in a water local improvement district and there are records to verify this. (b) The city council exempts the property from the fees in lieu of assessment because improvements on the property have substantially improved the water system. Fees in lieu of assessment shall be based on the zone and termini method, as prescribed by law, used in Local Improvement District No. 63. (4) Payments. All installation fees and fees in lieu of assessment shall be paid in full prior to the physical connection of the private service line to the water system. For residential developments connection fees may be accepted on the following schedule: Number of Units Down Payment Installments I To 4 Full amount None 5 to 15 One half of the fee 3 Years at 8% 16 or more One third of the fee 5 Years at 8% Interest would be compounded annually, with prorating on the outstanding balance due. (Ord. 1707 § 4, 1997). 13.04.040 Sewer fees. (1) Connection Fees. Connection fees are designed to mitigate the impact of new demands on the existing sewer system. For a single-family residence and apartment, the connection fee is $750.00 per dwelling unit. For commercial units, offices, motels, convales- cent centers and other nonresidential uses, the con- nection fee is $750.00 per 10 fixtures or portion thereof. For all other structures that are served by munic- ipal sewer, the connection fee is $750.00 per 10 fixtures or portion thereof. A fixture is any fixture as defined in the Uni- form Plumbing Code except water heaters, floor drains used for emergency overflow only, drinking fountains if noncontinuous flows and extra fixtures attached to existing or regular fixtures such as bed pan washers, showers over tubs and hose attach- ments on sinks. (2) Installation Fee. Installation fees are de- signed to reimburse the utility for the cost required to connect the new service to the sewer main. The installation fee is a flat fee based on the vicinity of the sewer main: (a) Installed by city employees: If the main is within 25 feet of the property line, the installa- tion fee is $500.00 plus sales tax. (b) If the sewer service line exceeds 25 feet, or if the proposed construction is unusually diffi- cult, the installation fee will be based on an esti- mate completed by the city for the required labor and material. (c) If the service is connected by other than city employees, the inspection fee of $50.00 per lateral connection to the main 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. (3) Fees in Lieu of Assessment. Fees in lieu of assessment shall be charged on new accounts unless exempted as explained below: (a) The property has previously participated in a sewer local improvement district for sewer mains and there are records to verify this. Partici- pation in ULID No. 1 does not exempt property from a fee in lieu of assessment for mains. (b) The city council exempts the property from the fees in lieu of assessment because improvements on the property have substantially improved the sewer system. Fees in lieu of assessment for mains shall be based on the zone and termini method, as pre- scribed by law and used in Local Improvement District No. 64. (4) Facility Connection Fee. Facility connec- tion fees are designed to mitigate the future con- struction costs for the wastewater treatment facility and have each new connection pay a fair share towards the construction cost of the facility. The facility connection fee shall be $1,600 per dwelling unit for each new service which physi- cally connects to the sanitary sewer system except for the following: (a) The properties within Divisions 1 through 10, inclusively, of the McCormick Woods Land Company shall have a facility connection fee of $791.25 per dwelling unit. (b) Properties within the original city of Port Orchard ULID No. 1 boundaries shall not pay the facility connection fee if the property had been assessed in the ULID No. 1. For commercial units, offices, motels, convales- cent centers, and other nonresidential uses, the facility connection fee is $1,600 per equivalent res- (Revised 8/98) 13-6 Port Orchard Municipal Code 13.04.070 idential unit, ERU. The ERU is defined as 180 gal- lons per day which is directed to the sanitary sewer system. The ERU consumption is based upon metered water consumption or comparison to sim- ilar accounts when metered water consumption data is not readily available. The above exceptions as listed for residential properties are applicable for nonresidential units. The facility connection fee shall be adjusted on November 1 st of each year, commencing in 1997, to reflect inflation based on the CPI-U of Seattle. (5) Payment. All installation fees and fees in lieu of assessment shall be paid in full prior to the physical connection of the private service line to the sewer system, except when the property is being connected to both the water and sewer sys- tems, the structure can be connected to the sewer system prior to payment of the sewer fees. The sewer fees may be paid at the same time as the water fees. For residential developments connection fees may be accepted on the following schedule: Number of Units Down Payment Installments 1 To 4 Full amount None 5 to 15 One half of the fee 3 Years at 8% 16 or more One third of the fee 5 Years at 8% Interest shall be compounded annually, with prorating on the outstanding balance due. (Ord. 1707 § 5, 1997). 13.04.050 Billing. The water and/or sewer charges shall be billed by the city treasurer bimonthly on the last day of the bimonthly period, to the property owner. The charges and rates shall be due to the treasurer, who is authorized and empowered to collect and receipt for such payments, on the first day of the month following the receipt of services. Charges remaining unpaid 30 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. When a water and/or sewer bill shall become delinquent and a city employee must go to the pre- mises during normal working hours for the purpose of hanging a written notice on the door, there shall be a $10.00 charge added to the bill. If the delinquent water and/or sewer charges remain unpaid over a period of 30 days after the due and payable date, water service will be discon- tinued by turnoff. Water service will not resume thereafter until the delinquent charges and penal- ties, together with a water turnoff fee, have been paid in full. The turnoff fee shall be $20.00, unless the same account should become delinquent during a 12-month period. On a second occurrence, the turnoff fee shall be $30.00.On the third occurrence and each subsequent occurrence, the turnoff fee shall be $40.00. When a customer requests a turn-on/off of water outside normal working hours or on holidays or weekends, an additional charge of $30.00 will be added to the bill for this service. Where both water and sewer delinquent charges are involved, the customer shall not be billed dou- ble penalties. (Ord. 1707 § 6, 1997). 13.04.060 Liens. The city treasurer is directed to prepare and file a lien against any property where water and/or sewer charges or water and/or sewer connection fees remain unpaid for four months as provided in RCW 35.21.290 and 35.67.200. 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. 1707 § 7, 1997). 13.04.070 Vacancies. In the event that the premises are or shall become vacant and/or unoccupied, the basic charges for sewer shall continue, unless exempted as described below: 13-7 (Revised 8/98) 13.04.080 (1) Upon proper application, the treasurer shall have the authority to make a billing adjustment of $5.00 to the basic sewer service charges for any full month in which the individual unit is vacant for such calendar month. The property owner must complete the appropriate application within the first 10 days following each calendar month period of vacancy to be eligible for a billing adjustment of the sewer service charges. No sewer service charges shall be adjusted on a pro rata basis. Class 2 accounts without fixtures shall not receive any billing adjustment. (2) Vacant properties shall be subject to peri- odic inspections. A person who knowingly submits an application containing false information shall be charged a penalty of twice the sewer service rate for that period for which sewer service was cred- ited. Any person charged such a penalty may appeal to the city council within 15 days of the pen- alty assessment. (Ord. 1707 § 8, 1997). 13.04.080 Mother-in-law apartments and converted homes. These are apartments contained in a single-fam- ily dwelling and are not a separate structure. 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. (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. (f) Rates for converted home apartments are effective the first day of the next month after pas- sage and publication of the ordinance codified in this chapter. Mother-in-law apartments and converted homes in existence at the time of passage of the ordinance codified in this chapter 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. 1707 § 9, 1997). 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. 1707 § 10, 1997). 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 (Revised 8/98) 13-8 Port Orchard Municipal Code 13.04.130 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 248-54-285. The policies, procedures and criteria for determining appropriate levels of protection shall be in accor- dance with the Accepted Procedure and Practice in Cross Connection Control Manual — Pacific North- west Section — American Water Works Associa- tion, 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 devices 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. 1707 § 11, 1997). 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. 1707 § 12, 1997). 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 which is part of the public water or sewer system. (Ord. 1707 § 13, 1997). 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, cinder, sand, earth, rubbish, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, or any matter, which is capable of or likely to obstruct or interfere with the capacity or operation of the public sewer. (2) Gasoline, benzine, naphtha, fuel oil, lubri- cating oil or any other matter which is inflammable or explosive upon introduction to the public sewer. (3) Any matter having a temperature greater than 150 degrees Fahrenheit. (4) Sewage containing suspended solids in excess of 350 milligrams per liter. (5) Sewage containing grease or oil in excess of 100 parts per million by weight. (6) Matter with a B.O.D. 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 constitutes a hazard in the receiving waters of the sewage treat- ment 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 using the sanitary sewer system. (12) Contents from any septic tank or cesspool. 13-9 (Revised 8/98) 13.04.140 (13) Any unauthorized use of an established recreational vehicle dump station for other than recreational vehicles or camp trailers. (Ord. 1707 § 14, 1997). 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 occur: (a) A new building or structure is con- structed on an undeveloped parcel or lot and use of the new building or structure generates wastewater. (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. 1707 § 15, 1997). 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. 1707 § 16, 1997). 13.04.160 Industrial sewer users. (1) All major contributing industrial users of the public sewer system shall be required to enter into an agreement with the city of Port Orchard to provide for the payment of their proportionate share of the federal share of the capital costs of the sewage project allocable to the treatment of such industrial waste. (2) The recovery of the proportionate share of costs shall be determined by agreement between the city and the industrial user. The share of costs shall be based upon all factors, which significantly influence the cost of the treatment works and shall be repaid, without interest, in at least annual pay- ments during the recovery period not to exceed the life of the project or 30 years. In the event the city and users cannot agree as to the proportionate share to be repaid to the city, said proportionate share shall be determined by arbitration and the arbitrator shall be appointed by the presiding judge of the Kitsap County superior court. (3) All major contributing users discharging into the treatment works shall be required to com- ply, within three years, with the pretreatment stan- dards established by the Environmental Protection Agency. In accordance with the pretreatment requirements, major industries are defined as those industries that: (a) Have a wastewater flow of 50,000 gal- lons, or more, per average day; (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. 1707 § 17, 1997). 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 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in the amount of $500.00. Every day that the person is in violation shall be considered a separate offense and can be charged as such under this section. (Ord. 1707 § 18, 1997). (Revised 8/98) 13-10 Port Orchard Municipal Code 15.04.010 Sections: Chapter 15.04 7. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and BUILDING CODE the ratio of height to diameter or width does not exceed two to one. 15.04.010 Building codes adopted. 15.04.020 Security code amended. 15.04.030 Height restrictions. 15.04.040 Repealed. 15.04.050 Repealed. 15.04.060 Repealed. 15.04.010 Building codes adopted. (1) Pursuant to RCW 35.21.180, the 1997 Edi- tions of the Uniform Building Code, Volumes 1, 2 and 3; Uniform Mechanical Code; Uniform Hous- ing Code; Uniform Code for the Abatement of Dan- gerous Buildings; Uniform Sign Code; and Uniform Building Security Code; as adopted and published by the International Conference of Build- ing Officials (ICBO) with appendices of all vol- umes, are hereby adopted as the official building code of the city of Port Orchard subject to the amendments and additions set forth in this title, for the purpose of prescribing regulations governing conditions hazardous to life and property. One copy of such codes is on file in the office of the city clerk. (2) Volume 1, Uniform Building Code, 1997 edition is hereby amended as follows: (a) Section 106.2 of the Uniform Building Code is amended to read as follows: EXEMPTED WORK. A building permit shall not be required for the following: 1. One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the projected floor area does not exceed 120 square feet; 2. Transit bus shelters provided the projected roof area does not exceed 120 square feet. 3. Fences not over 6 feet high. 4. Oil derricks. 5. Movable cases, counters and partitions not over 5 feet 9 inches high. 6. Retaining walls which are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a sur- charge or impounding Class I, II or III -A liquids. 8. Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below. 9. Painting, papering and similar finish work. 10. Temporary motion picture, television and theater stage sets and scenery. 11. Window awnings supported by an exterior wall of Group R, Division 3, and Group M Occu- pancies when projecting not more than 54 inch- es. 12. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons. 13. Minor construction and alteration activities, as determined by the building official, which the total valuation as determined in Section 107.2 or as documented by the applicant, does not exceed $1,500 in any twelve month period; PROVIDED, that the construction and/or alter- ation activity does not affect any structural com- ponents, or reduce existing egress, light, air, and ventilation conditions. This exemption does not include electrical plumbing, or mechanical activities. The permit exemption shall not otherwise exempt the con- struction or alteration from the substantive standards of the codes enumerated in RCW 19.27.031, as amended and maintained by the state building code council under RCW 19.27.070. Unless otherwise exempted, separate plumb- ing, electrical and mechanical permits will be required for the above exempted items. Exemption from the permit requirement of this code shall not be deemed to grant authorization for any work to be done in any manner in viola- tion of the provisions of this code or any other laws or ordinances of this jurisdiction. (b) Section 106.4.1, first sentence shall read: The application, plans and specification and other data filed by an applicant for permit shall 15-3 (Revised 8/98) 15.04.020 be reviewed by the Building Official or his duly authorized representative. (c) New Section 107.7: The Building Official is authorized to waive the Permit Fee and Plan Review Fee specified in table 1(a) of the Uniform Building Code and in the Uniform Plumbing Code upon the following conditions having been satisfied: A. The permit is for a residential unit of an own- er/occupant who is 60 years or older with a maximum annual income, together with all per- sons in the household, below the poverty line as established by the Office of Management and Budget in Washington, D.C. B. The work is for essential repairs and im- provements, such as insulation, weatheriza- tion, roof repairs, structural repairs or essential plumbing repairs. C. The owner/occupant of the home completes a form supplied by the Building Official request- ing exception from the Building Permit Fees. The waiver of fees applies only to City fees. All fees required by the State of Washington and other jurisdictions shall be paid by the permit applicant. (d) Section 308(a): Delete EXCEPTION: Group R, Division 3 Occupancy. (Ord. 1729 § 2, 1998; Ord. 1703 § 1, 1997). 15.04.020 Security code amended. Uniform Building Security Code, 1997 edition is hereby amended as follows: (1) Appendix, Chapter 10, Security Provisions: Add new section: Section 4102(a) Every building hereafter con- structed, classified as R-1 occupancy by use or design shall comply with the following: 1. Doors which provide an access into the dwelling shall have a means provided whereby the door locking devices shall be changed or al- tered upon a change of tenancy to insure against entry by a previous key holder. 2. Every entrance door to an R-1 dwelling shall have a dead bolt or dead latch with at least a one-half inch throw. The lock shall be so con- structed that the dead bolt or dead latch may be open from the inside without the use of a key. 3. In hotels and other multi -use buildings hav- ing a transient occupancies, every entrance door to a unit shall also be provided with a chain door guard or barrel on the inside. EXCEP- TION: Building required by the Uniform Building Code to have exit doors equipped with panic hardware shall be exempt from the provision of section 4102(a) as related to exterior doors. 4. Enforcement — Right of Entry: The Chief of Police and/or Fire Chief is hereby authorized and directed to enforce the provision of this or- dinance and upon presentation of proper cre- dentials, the Chief of Police and/or Fire Chief or their duly authorized representative may, with the consent of the occupant or pursuant to a lawfully issued warrant, enter at reasonable times any building or premises used for R-1 dwelling purposes for the purpose of inspecting the physical security of exterior accessible openings of such building or premises. 5. Responsibility for Compliance: Responsibili- ty for compliance with specifications set forth in the Uniform Building Security Code shall be the building owner and/or his agent having charge, care or control of such building. 6. Penalties of Violations: Any person violating or failing to comply with the provisions of the Uniform Building Security Code shall upon con- viction thereof, be punished by a fine of not more than $500.00 or by imprisonment for not more than six months, or by such fine and im- prisonment. (Ord. 1729 § 3, 1998; Ord. 1703 § 2, 1997). 15.04.030 Height restrictions. The Uniform Building Code shall not supersede height restrictions as specified in the city zoning ordinance. (Ord. 1729 § 4, 1998; Ord. 1703 § 3, 1997). 15.04.040 Exit requirements. Repealed by Ord. 1677. (Ord. 916 § 1, 1973; Ord. 893 § 3, 1972). 15.04.050 Building height restriction. Repealed by Ord. 1677. (Ord. 1068 § 1, 1978; Ord. 737 § 5, 1965). 15.04.060 Fire zones. Repealed by Ord. 1677. (Ord. 950 § 1, 1975; Ord. 906 § 1, 1973; Ord. 750 § 1, 1966; Ord. 737 § 6, 1965). (Revised 8/98) 15-4 Port Orchard Municipal Code 15.12.010 Chapter 15.08 PLUMBING CODE Sections: 15.08.010 Adoption of the Uniform Plumbing Code. 15.08.020 Penalty for violation. 15.08.010 Adoption of the Uniform Plumbing Code. The 1997 Edition of the International Associa- tion of Plumbing and Mechanical Officials' Uni- form Plumbing Code is adopted by reference pursuant to the provisions of RCW 35.21.180 as the official plumbing code of the city. One copy of such code is on file in the office of the city clerk. The building official shall be the administrative authority as referenced in the plumbing code. (Ord. 1727 § 2, 1998). 15.08.020 Penalty for violation. Any person, firm or corporation violating any provisions of this code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed $300.00 or by imprisonment for a term not to exceed 90 days, or by both fine and imprisonment. Each separate day or any portion thereof during which any violation of this code occurs or continues shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as provided in this sec- tion. (Ord. 1727 § 3, 1998). Chapter 15.12 FIRE PREVENTION CODE Sections: 15.12.010 Uniform Fire Code, 1997 Edition, adopted. 15.12.020 Enforcement. 15.12.030 Definitions. 15.12.040 District limits for storage of flammable and combustible liquids, liquefied petroleum gases, and explosives. 15.12.050 Permit for brush and refuse. 15.12.060 Modifications or variances. 15.12.070 Appeals. 15.12.080 Violations. 15.12.090 Conflict with provisions. 15.12.100 Establishment and duties of bureau of fire prevention. 15.12.110 New materials, processes or occupancies which may require permits. 15.12.120 State of Washington Uniform Complaint/Citation System. 15.12.130 Schedule of bails. 15.12.140 Smoke detection devices in dwelling units. 15.12.010 Uniform Fire Code, 1997 Edition, adopted. Pursuant to RCW 35.21.180 there is adopted by the council of the city for the purpose of prescrib- ing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Uniform Fire Code, 1997 Edi- tion, including amendments and additions thereto, as adopted by the International Conference of Building Officials and the Western Fire Chiefs Association of which code one copy has been and now is filed in the office of the city clerk, and the code is adopted and incorporated as fully as if set forth at length therein, and from the effective date of the ordinance codified in this section, and the provisions thereof shall be controlling within the limits of the city, except the following: (105.8) A.1, A.2, A.3, A.4, A.5, B.1, B.2, C.1, C.3, CA, C.5, C.6, C.7, C.8, C.9, D.1, D.2, F.1, F.3.1, F.3.2, F.3.2.1, F.3.2.2, F.3.3, F.3.4, F.3.5, F.3,6, F.3.7, F.4, F.5, H.1, H.2, H.3, H.3.1, H.3.2, H.3.3, H.3.4, I.1.1,1.1.2, I.2.1, I.3, M.1, M.2, M.3, 0.2, 0.3, P.1, P.2, R.1, R.2, R.3, S.1, T.1, T.2, W.1. The deletions 15-5 (Revised 8/98) 15.12.020 are permit requirements only. (Ord. 1726 § 2, 1998). 15.12.020 Enforcement. The codes hereby adopted or now in effect shall be enforced by the fire authority. (Ord. 1726 § 3, 1998). 15.12.030 Definitions. (1) Whenever "municipality" is used in the Uniform Fire Code, it means the city of Port Orchard. (2) Whenever "inspector of the fire depart- ment" or "bureau of fire prevention" is used in the Uniform Fire Code, it means fire authority. (3) Whenever "corporation counsel' is used in the code, it means the city attorney. (4) Whenever "police department" is used in the code, it means the city police department. (5) Whenever "chief of the bureau of fire pre- vention" is used in the code, it means fire authority. (Ord. 1726 § 4, 1998). 15.12.040 District limits for storage of flammable and combustible liquids, liquefied petroleum gases, and explosives. The limits referred to in Article 79 of the fire pre- vention code in which storage of flammable and combustible liquids in outside aboveground storage tanks is prohibited, the limits referred to in Article 82 of the fire prevention code in which bulk storage of liquefied petroleum gas is restricted, and the lim- its referred to in Article 77 of the fire prevention code, in which storage of explosives and blasting agents is prohibited, are established as follows: Beginning at the intersection of the outer harbor line and the west boundary of the city; thence southerly along the west boundary to the south- erly margin of Bay Street thence northeasterly along the southerly margin to the projected cen- terline of alley in Block 2, original plat of Sidney; thence east along the centerline of the alley to the intersection with the centerline at Cline Street; thence north to the centerline of the alley in Block 7, original plat of Sidney; thence east to the centerline of Austin Avenue; thence north to the centerline of Kitsap Street; thence east to the centerline of Seattle Street; thence north to a point two hundred feet south of the centerline of Bay Street; thence parallel to the centerline of Bay Street easterly to the centerline of Black- jack Creek to the west line of Maple Street Wa- terway projected southerly; thence northerly along the west line of Maple Street Waterway to the outer harbor line; thence southwesterly along the outer harbor line to the point of begin- ning. (Ord. 1726 § 5, 1998). 15.12.050 Permit for brush and refuse. It is prohibited to burn brush, refuse, debris, dry grass, bracken or undergrowth within the city lim- its of the city, unless a permit therefor is first obtained from the fire authority, who is authorized to issue the same and to supervise such fires. (Ord. 1726 § 6, 1998). 15.12.060 Modifications or variances. The fire authority shall have power to modify any of the provisions of the codes hereby adopted or now in effect upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carry- ing out the strict letter of the codes; provided, that the spirit of the codes shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the fire authority thereon shall be entered upon the records of the fire authority and a signed copy shall be furnished the applicant. (Ord. 1726 § 7, 1998). 15.12.070 Appeals. Whenever the fire authority shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the codes do not apply or that the true intent and mean- ing of the codes have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the fire authority within 30 days from the date of the decision appealed. (Ord. 1726 § 8, 1998). 15.12.080 Violations. (1) Any person who shall violate any of the pro- visions of the codes hereby adopted or fail to com- ply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifica- tions or plans submitted thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modi- (Revised 8/98) 15-6 Port Orchard Municipal Code 15.12.130 fied by the city council or by a court of competent jurisdiction, within the time fixed herein, shall sev- erally for each and every such violation and non- compliance respectively, be guilty of a misde- meanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise spec- ified, each 10 days that prohibited conditions are maintained shall constitute a separate offense. (2) The application of this section shall not be held to prevent the enforced removal of prohibited conditions. (Ord. 1726 § 9, 1998). 15.12.090 Conflict with provisions. In the enforcement of the Uniform Fire Code, if it should develop that there is a conflict with its pro- visions and the provisions of the Uniform Building Code, then the provisions of the Uniform Building Code shall prevail. (Ord. 1726 § 10, 1998). 15.12.100 Establishment and duties of bureau of fire prevention. (1) The Uniform Fire Code shall be enforced by the fire authority of the city which is hereby estab- lished and shall be operated under the supervision of the fire authority. 15.12.130 Schedule of bails. UFC Section 103.4.5 Unsafe Buildings (2) The chief (or fire marshal) in charge of the fire authority shall be appointed by the fire author- ity on the basis of examination to determine its qualifications. (3) The fire authority may detail such members of the fire department as inspectors as shall from time to time be necessary. (Ord. 1726 § 11, 1998). 15.12.110 New materials, processes or occupancies which may require permits. The fire authority for the city of Port Orchard shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which will require permits, in addition to those now enumerated in said code. Fire authority shall post such list in a conspicuous place in his office and distribute copies thereof to interested parties. (Ord. 1726 § 12, 1998). 15.12.120 State of Washington Uniform Complaint/Citation System. The state of Washington Uniform Complaint/ Citation System dated January 1, 1976, is hereby adopted by the city. (Ord. 1726 § 13, 1998). Offense Bail 100.00 103.4.3.2 Compliance 500.00 103.4.3.3 Destruction of Signs 100.00 104.1.2 Interference With Fire Equipment 100.00 1001.6.1 Tampering with Fire Equipment 100.00 1001.6.2 Tampering with Fire Hydrant or Fire Equipment 100.00 1001.6.2 Hydrant Use Approval 50.00 902.2.4.2 Tampering with Barriers, Etc. 100.00 902.2.4.1 Closure of Fire Roads, Parking Thereon 50.00 901.5 Obstructing Fire Protection Equipment 50.00 901.4.4 Premises Identification 50.00 902.4 Key Box 50.00 902.4 Installation 75.00 1111 Maintenance 75.00 1112 Maintenance 75.00 15-7 (Revised 8/98) 15.12.130 UFC Section Offense Bail 1001.5.1 Maintenance 75.00 1201.1 Maintenance 75.00 1303.4.3 Maintenance 75.00 4504.4 Maintenance 75.00 5013.2 Maintenance 75.00 1002.3 Sale of Defective Fire Extinguishers 100.00 901.4.3 Fire Extinguishers In Parking Areas 50.00 901.6 Fire Protection In Recreational Vehicle and Mobile Home Parks 50.00 1007 Fire Alarm Systems 100.00 Article 87 Buildings Under Construction 100.00 1101.3 Bonfires 50.00 Appendix IIA Sec. 20 Hot Ashes and Other Dangerous Materials 50.00 Appendix IIA Sec. 7 Chimney Spark Arresters 50.00 1102.3.1 Burning on Public Property 50.00 Appendix IIA Sec. 1 Fire Hazard Prohibited 50.00 1103.2 Accumulation of Waste Material 75.00 1103.1 Handling Readily Combustible Materials 50.00 1103.2.1.2 Storage of Readily Combustible Materials 50.00 1103.3.3 Flammable Decorative Materials 50.00 2501.17 Use of Open Flame or Light 50.00 1103.3.5.2 Combustible Materials Beneath Structures 50.00 1103.3.2.5 Combustible Storage in Attics 50.00 1104 Parade Floats 50.00 1103.3.4 Atrium Furnishings 75.00 1302 Reporting of Fires 50.00 1302.3 False Alarms 100.00 1107.1 Maintenance of Chimneys and Heating Appliances 50.00 Appendix 11 C 5.2 Open -Flame Devices in Marina 50.00 1110 Vacating Premises 50.00 1110 Vacant Buildings 50.00 1106 Protection of Gas Meters 50.00 1103.3 Storage of Hazardous Equipment in Buildings 50.00 1205 Exit Obstruction 100.00 1207 Doors 100.00 1207.6 Exit Illumination 100.00 2501.5 Decorative Material 50.00 2501.7 Motion Picture Screens 50.00 2501.8 Exit Doors 100.00 2501.9 Aisles 75.00 (Revised 8/98) 15-8 Port Orchard Municipal Code 15.12.130 UFC Section Offense Bail 2501.11 Use of Exit Ways 100.00 1001.10 Fire Appliances 50.00 2501.15 Marking and Lighting of Exits 75.00 2501.18 Overcrowding 100.00 2501.17 Open Flame 50.00 2501.17 Use of Candles and Open Flames, Permit 50.00 2501.17 Detailed Requirements for Use of Candles 50.00 1109.8 Detailed Requirements for Use of Candles 50.00 8203.2.1.8 Detailed Requirements for Use of Candles 50.00 2804 Loose Storage 50.00 2807 Dust -Collecting System 50.00 2901.3.1 Handling of Gasoline and Oils 75.00 3004.1 Open Yard Storage 50.00 3205 Location of Tents and Air -Supported Structures 50.00 3206 Structural Stability 50.00 3207 Flame-retardant Treatment 100.00 3215 Smoking and Open Flame 50.00 3208 Fire Extinguishers and Other Fire -Protection Equipment 50.00 3211 Exits 50.00 3212 Maintenance of Exit Ways 50.00 3214.2 Exit Illumination 50.00 3209 Occupant Load 50.00 3216 Heating and Cooking Equipment 50.00 3217 Storage of Flammable or Combustible Liquids 75.00 3221 Housekeeping 50.00 4506.6 Smoking Prohibited 50.00 4501.5 Welding Warning Signs 50.00 4502.4.3 Electric Wiring and Equipment 50.00 4502.1 Location of Spray -Finishing Operations 100.00 4502.2 Spray Booths 50.00 4502.3 Dry -type Overspray Collectors (Exhaust Air Filters) 50.00 4502.4.3 Electrical and Other Sources of Ignition 75.00 4502.5 Ventilation of Spray Booths and Spray -Finishing Areas 50.00 4502.6 Limited Spraying Areas 50.00 4502.7 Storage and Handling of Flammable or Combustible Liquids 75.00 4502.8 Fire -Protection Equipment 50.00 4502.9 Operations and Maintenance 50.00 4502.10 Drying Apparatus 50.00 4503.9.3 Ventilation of Vapor Areas 50.00 4503.5 Electrical and Other Sources of Ignition 75.00 15-9 (Revised 8/98) 15.12.130 UFC Section Offense Bail 4503.8 Dip Tank Cover 50.00 4503.10 Coating Operations 50.00 4504.3 Guards and Signs 50.00 4505.8.4 Ventilation 50.00 4505 Location and Construction of Powder Coating Rooms and Booths 75.00 4502.4 Electrical and Other Sources of Ignition 75.00 4502.5 Ventilation 50.00 4505.8 Electrostatic Fluidized Beds 50.00 4505.9.1 General 50.00 4506 Use of Organic Peroxide Coatings 50.00 4506.3 Storage 75.00 4506.6 Smoking 50.00 4704 Notification of Fumigation 50.00 4708 Warning Signs 50.00 4808 Fire -Extinguishing Materials 50.00 4810.2 Handling of Magnesium Fines (Fine Magnesium Scrap) 50.00 4901.7 Storage of Cylinders 50.00 4901 General Safety Rules for Welding and Cutting 50.00 5004 Process Buildings 50.00 5005 Storage of Raw Materials and Finished Products 50.00 5007 Process Mills, Mixers and Kettles 50.00 5009 Transfer of Flammable and Combustible Liquids in Process Areas 75.00 5012 Electrical Equipment 50.00 5012 Protection Against Static Electricity and Lightning 50.00 5013 Fire Protection 50.00 5014 Maintenance 50.00 6203 Location and Construction 50.00 6204 Ventilation 50.00 6205 Safety Controls 50.00 6305 Installation and Maintenance 50.00 6318 Instructions 50.00 6319 Emergency Signs and Labels 50.00 Article 74 Cylinder Systems for Flammable Anesthetics and Nonflammable 50.00 Medical Gases Article 74 Storage and Use of Cylinders 75.00 Article 74 Pipe Distribution 50.00 7501 General Requirements 100.00 7701.3 Permits 100.00 7702 Storage of Explosives 100.00 7702.2.1 Gunpowder 100.00 (Revised 8/98) 15-10 Port Orchard Municipal Code 15.12.130 UFC Section Offense Bail Article 77 Use and Handling of Explosives 100.00 Article 77 Transportation of Explosives 100.00 Article 77 Blasting Agents, General 100.00 Article 77 Mixing Blasting Agents 100.00 Article 78 Permits for Manufacture, Sale and Discharge 100.00 Article 79 Portable Tanks, Containers and Equipment 50.00 7903.4.2 Warning Labels 50.00 8001.7 Warning Labels 50.00 8001.8 Warning Labels 50.00 7901 Warning Labels 50.00 Article 77 Warning Labels 50.00 7901.9 Warning Labels 50.00 Article 80 Warning Labels 50.00 Article 77 Warning Labels 50.00 7803.4.4 Warning Labels 50.00 Article 77 Warning Labels 50.00 5201.5.3 Warning Labels 50.00 7903.2.2 Cleaning with Flammable Liquid 100.00 Article 79 Waste Petroleum and Flammable or Combustible Liquids 50.00 8001.9 Sources of Ignition 75.00 7904.6.4 Sources of Ignition 75.00 7902.1.7 Abandonment and Status of Tanks 100.00 Article 79 General 75.00 Article 79 Inside Liquid Storage Room 75.00 Article 79 Liquid Storage Rooms 75.00 Article 79 Liquid Storage Warehouses 75.00 Article 79 General 50.00 Article 79 Location on Property 100.00 Article 77 Location on Property 100.00 Article 78 Location on Property 100.00 Article 80 Location on Property 100.00 7902.5.10.2.4 Container and Tank Storage Near Buildings on the Same Property 100.00 Article 79 Drainage 50.00 Article 80 Drainage 50.00 5201.7 Fencing and Maintenance 50.00 Article 79 Ignition Sources 75.00 1109 Ignition Sources 75.00 2707 Ignition Sources 75.00 4503.5 Ignition Sources 75.00 Article 77 Ignition Sources 75.00 15-11 (Revised 8/98) 15.12.130 UFC Section Offense Bail 4606 Ignition Sources 75.00 4703 Ignition Sources 75.00 5014.2 Ignition Sources 75.00 2901.7 Ignition Sources 75.00 5201.7 Ignition Sources 75.00 4505 Ignition Sources 75.00 4502 Ignition Sources 75.00 5203 Outside Dispensing 50.00 5204 Outside Dispensing 50.00 Article 79 Outside Dispensing 50.00 7501.9 Outside Dispensing 50.00 Article 79 Empty Containers and Tanks Storage 50.00 203-204 Empty Containers and Tanks Storage 50.00 Article 75 Empty Containers and Tanks Storage 50.00 1102.3.1 General 50.00 2901 General 50.00 8004.1.4 General 50.00 7401 General 50.00 903.4.1 General 50.00 7901 General 50.00 4502.1 General 50.00 6102 General 50.00 5101.9 General 50.00 7902.6.15 Corrosion Protection 75.00 7901.11.3 Corrosion Protection 75.00 7901.11 Tank Connections 75.00 7902.6.16 Testing 50.00 7902.4 Inside Operations 75.00 7902.5 Inside Operations 75.00 2901.4 Inside Operations 75.00 2805 Storage 50.00 Article 79 Storage 50.00 Article 80 Storage 50.00 Article 81 Storage 50.00 7702 Storage 50.00 1103.3.2.5 Storage 50.00 8802 Storage 50.00 7502 Storage 50.00 7903 Dispensing Services 50.00 2901.4 Dispensing Services 50.00 (Revised 8/98) 15-12 Port Orchard Municipal Code 15.12.130 UFC Section Offense Bail 8004.3.8 Dispensing Services 50.00 1107 Heating Equipment 50.00 209 Heating Equipment 50.00 5202.7 Heating Equipment 50.00 6106 Heating Equipment 50.00 Article 79 Drainage and Waste Disposal 50.00 Article 80 Drainage and Waste Disposal 50.00 Article 10 Fire Protection 50.00 Article 79 Housekeeping 50.00 Article 80 Housekeeping 50.00 7901.7.2 Housekeeping 50.00 4607 Housekeeping 50.00 4901.5.5 Housekeeping 50.00 Article 10 Fire Protection 50.00 216 Occupancy Requirements 75.00 2501.16 Occupancy Requirements 75.00 7903.2.3.4.2 Occupancy Requirements 75.00 7902.1.12 Occupancy Requirements 75.00 2603.3 Occupancy Requirements 75.00 4502 Occupancy Requirements 75.00 8004.2.2.2 Occupancy Requirements 75.00 1107.1 Occupancy Requirements 75.00 8504 Occupancy Requirements 75.00 3603.13.2 Solvent Containers, Tanks and Transferring Equipment 75.00 Article 36 Dry -Cleaning Units 50.00 7903.2.1.3 Bonding and Grounding 50.00 7904.6.3.12 Bonding and Grounding 50.00 7904.6.3.13 Bonding and Grounding 50.00 7904.7.3 Scouring, Brushing and Spotting 50.00 3603.1.3 Scouring, Brushing and Spotting 50.00 7901 Fire Protection 50.00 Article 10 Fire Protection 50.00 1109 Smoking 50.00 7904.4.7 Smoking 50.00 Article 80 Oxidizing Materials 50.00 Article 80 Radioactive Materials 50.00 Article 80 Reactive and Unstable Liquids 50.00 Article 80 Highly Toxic Materials 50.00 Article 80 Poisonous Gases 50.00 Article 80 Storage Cabinets for Hazardous Materials 50.00 15-13 (Revised 8/98) 15.12.140 UFC Section Offense Bail 206 Automatic Fire -Extinguishing Systems 50.00 8102 Automatic Fire -Extinguishing Systems 50.00 8103 Automatic Fire -Extinguishing Systems 50.00 8802 Automatic Fire -Extinguishing Systems 50.00 8803 Automatic Fire -Extinguishing Systems 50.00 8101 Aisles 50.00 8802 Aisles 50.00 2501 Aisles 50.00 1204 Aisles 50.00 3504 Aisles 50.00 2502 Aisles 50.00 8203 Installation of Equipment 50.00 8208 Smoking and Open -flame Devices 50.00 8209 Clearances of Combustibles 50.00 8213 Abandonment of Liquefied Petroleum Gas Equipment 50.00 7902.3.5 Projection Equipment 50.00 Article 84 Projection Equipment 50.00 (Ord. 1726 § 14, 1998). 15.12.140 Smoke detection devices in dwelling units. (1) RCW 48.48.140 is adopted by reference. (2) Smoke Detection Devices in Dwelling Units — Penalty. (a) Smoke detection devices shall be installed inside dwelling units: (i) Occupied by persons other than the owner on and after December 31, 1981; or (ii) Built or manufactured in this state after December 31, 1980. (b) The smoke detection devices shall be designed, manufactured and installed inside dwell- ing units in conformance with: (i) Nationally accepted standards, and UBC; (ii) As provided by the Administrative Procedure Act, Chapter 34.04 RCW, rules and reg- ulations promulgated by the State Fire Marshal. (c) Installation of smoke detection devices shall be the responsibility of the owner. Mainte- nance of smoke detection devices shall be the responsibility of the tenant, who shall maintain the device as specified by the manufacturer. At the time of a vacancy, the owner shall insure that the smoke detection device is in operation prior to the reoccupancy of the dwelling unit. (d) Any owner or tenant failing to comply with this section shall be punished by a fine of not more than $50.00. (e) For the purposes of this section: (i) "Dwelling unit" means a single unit providing complete, independent living facilities for one or more persons including permanent pro- visions for living, sleeping, eating, cooking, and sanitation; and (ii) "Smoke detection device" means an assembly incorporating in one unit a device which detects visible or invisible particles of combustion, the control equipment, and the alarm sounding device, operated from a power supply either in the unit or obtained at the point of installation. (Ord. 1726 § 15, 1998). (Revised 8/98) 15-14 Port Orchard Municipal Code 15.16.010 Chapter 15.16 SIGNS Chapter 15.20 BUILDING USE REGISTRATION Sections: (Repealed by Ord. 1665) 15.16.010 Approval of signs required. 15.16.010 Approval of signs required. No sign or sign posts, whether erected for the purpose of advertising or for the designation of churches or nonprofit clubs and organizations, shall be erected on any street rights -of -way within the limitations of the city unless and until the design of the proposed sign or sign post shall be submitted to the city council, and the city council shall have approved the design thereof and autho- rized its erection at a specified place by resolution duly made. (Ord. 607 § 1, 1953). 15-15 (Revised 8/98) 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 8/98) 15-16 Port Orchard Municipal Code 15.28.090 (a) "AWWA" means the American Water Works Association. (b) "Fire authority" means the fire authority or their appointee. (c) "Flush hydrant" means a hydrant installed entirely below grade. (d) "LID" means a local improvement dis- trict as authorized by RCW 57.16.060. (e) "Standard specifications" means the "Standard Specifications for Municipal Public Works Construction" prepared by Washington State Chapter, American Public Works Associa- tion, current edition. (f) "UBC" means the Uniform Building Code as adopted, including amendments, by the city of Port Orchard. (g) "UFC" means the Uniform Fire Code as adopted, including amendments, by the city of Port Orchard. (h) "Water authority" means the city engi- neer, his appointee or any other approved entity distributing water to fire hydrants within the city of Port Orchard. (Ord. 1699 § 2, 1997). 15.28.030 Plans. Two copies of detailed plans or drawings, accu- rately indicating the location of all valves and fire hydrants to be installed, shall be submitted to and approved by the fire authority prior to the com- mencement of any construction. (Ord. 1699 § 3, 1997). 15.28.040 Timing of installation. (1) The UFC shall govern. The developer shall provide written notification to the appropriate water authority and fire authority of the date of installation and expected date of serviceability of fire hydrants. (2) The developer shall provide written notifi- cation to the fire authority when all newly installed hydrants or mains are placed in service. (Ord. 1699 § 4, 1997). 15.28.050 Number of hydrants required. The fire authority will determine the number of fire hydrants to be installed in accordance with UFC. (Ord. 1699 § 5, 1997). 15.28.060 Location of hydrants. (1) The fire authority shall determine the loca- tion of the hydrants based upon a determination of utility, topography and building location. (2) The UFC shall govern the location of fire hydrants required by this chapter. All provisions of this code shall govern unless specifically excluded or modified by statements in the body of this chap- ter. (3) Fire hydrants shall be within 400 feet of each other. Where this is not feasible, the distance between fire hydrants shall be determined by the fire authority and approved by the water authority. (4) Hydrants shall be a minimum of 50 feet away from the building or structure. Where that is impossible, they shall be set where chance of injury by falling walls is small and from which men are not likely to be driven by smoke or heat. (Ord. 1699 § 6, 1997). 15.28.070 Materials and installation. (1) The document entitled "Standard Specifica- tion for Municipal Public Works Construction" shall be the specification which shall govern the material and installation of hydrants and water lines required by this chapter. (2) All provisions of these specifications as they relate to the activities required by this chapter shall govern unless specifically excluded or modi- fied by statements in the body of this chapter. (Ord. 1699 § 7, 1997). 15.28.080 Water mains. (1) All newly installed mains shall be a mini- mum of eight inches in diameter. All new mains shall be constructed as loop systems where appro- priate as determined by the water authority. A min- imum 10-foot easement will be required for mains constructed on private property. (2) The leads from the service main to the hydrant shall be no less than six inches in diameter. Any hydrant leads over 50 feet in length from the water main to the hydrant shall be no less than eight inches in diameter. (Ord. 1699 § 8, 1997). 15.28.090 Hydrant workmanship. (1) All hydrants shall stand plumb and be set with the lowest outlet of the hydrant not less than 18 inches above grade. (2) Each hydrant shall be equipped with two - and -one -half -inch outlets and a steamer port with 15-17 (Revised 8/98) 15.28.100 four -and -one -half -inch outlet National Standard Thread. The steamer port shall also be equipped with five -inch Storz quarter turn coupling com- plete with cover. Exception: When it is determined by the fire authority and the city engineer that the Storz cou- pling is no benefit to the fire authority, this require- ment may be waived, and a standard four -and -one- half -inch National Standard Thread steamer port be allowed. (3) The steamer port shall face the street. Where the street cannot be clearly defined, the fire author- ity will determine the appropriate alignment of the ports. (4) There shall be a cleared and level area around the hydrant with a minimum radius of 36 inches. (Ord. 1699 § 9, 1997). 15.28.100 Hydrant obstructions. Hydrants shall not be obstructed by any struc- ture or vegetation that would impair sight visibility of the hydrant within a distance of 150 feet in any direction of vehicular approach to the hydrant. (Ord. 1699 § 10, 1997). 15.28.110 Hydrant protection. Fire hydrants shall be adequately protected against vehicular damage, when deemed necessary by the fire authority. (Ord. 1699 § 11, 1997). 15.28.120 Prohibited installation. The installation of flush -type hydrants is prohib- ited unless approved by the fire authority. (Ord. 1699 § 12, 1997). 15.28.130 Exemption. Where the fire authority determines that practi- cal difficulties, unnecessary hardships, or results inconsistent with the general intent of this chapter would occur from its strict literal interpretation and enforcement, an exemption from the requirements of this chapter may be granted, provided: (1) The structure is entirely surrounded and adjoined by public space, street or yards not less than 60 feet in width; (2) The owner agrees to sign a "no protest agreement" to take part in an LID when one is pro- posed for the installation of fire mains and hydrants. This agreement shall be a covenant run- ning with the land and shall be binding upon all parties and their heirs and assigns until the perma- nent water main and hydrants conform to the stan- dards and requirements of this chapter. (Ord. 1699 § 13, 1997). 15.28.140 Interpretation, purpose and conflict. In their interpretation and application, the provi- sions of this chapter shall be held to be the mini- mum requirements adopted for the promotion of the public safety. It is not intended by the chapter to interfere with or abrogate or annul any ease- ments, covenants or other agreements between par- ties; provided, however, that where this chapter imposes a greater restriction, the provisions of this chapter shall govern. It is to be noted, however, that where private restrictions are greater than those imposed by this chapter, they are not super- seded by the provision of this chapter. (Ord. 1699 § 14, 1997). 15.28.150 Violation — Penalty. A violation of any section or provision of this chapter is a misdemeanor punishable by a fine of not more than $250.00 for each offense. Each day upon which a violation occurs or continues consti- tutes a separate offense. (Ord. 1699 § 16, 1997). (Revised 8/98) 15-18 Port Orchard Municipal Code 15.32.030 Chapter 15.32 SURFACE WATER RUNOFF Sections: 15.32.010 Purposes. 15.32.020 Definitions. 15.32.030 Submission of a drainage plan. 15.32.040 Contents of drainage plan. 15.32.050 Mandatory requirements for all drainage improvements. 15.32.060 Development in critical flood, drainage, and/or erosion areas. 15.32.070 Review and approval of the plan. 15.32.080 Bonds and liability insurance required. 15.32.090 City assumption of maintenance. 15.32.100 Retroactivity relating to city maintenance of subdivision facilities. 15.32.110 Applicability to governmental entities. 15.32.120 Effective date. 15.32.130 Penalty for violation. 15.32.010 Purposes. The council fmds that this chapter is necessary in order to minimize water quality degradation by preventing the siltation of the city's creeks, streams and other water bodies; to protect property owners adjacent to developing land from increased runoff rates which could cause erosion of abutting prop- erty; to promote sound development policies which respect and preserve the city's watercourses; to insure the safety of the city streets and rights -of - way; and to decrease surface water damage to pub- lic and private property. (Ord. 1098 § 1, 1979). 15.32.020 Definitions. (1) "Computations" mean calculations, includ- ing coefficients and other pertinent data, made to determine the drainage plan with flow of water given in cubic feet per second (cfs). (2) "Department" means the engineering department. (3) "Design storm" refers to that rainfall event which is selected by the department for purposes of design. The minimum design shall be for a 10-year return period storm, unless design discharge of the watershed exceeds 20 cfs in which case the mini- mum design shall be for a 25-year return period storm. Intensity/duration chart used in determining runoff shall be that as published by the U.S. Weather Bureau for Port Orchard. (4) "Developmental coverage" means all devel- oped surface areas within the subject property including, but not limited to, rooftops, driveways, carports, accessory buildings, and parking areas. (5) "Drainage area" means the watershed (acre- age) contributing surface water runoff to and including the subject property. (6) "Drainage plan" means a plan for receiving, handling, and transporting surface water within the subject property. (7) "Engineer" means the city engineer. (8) "Peak discharge" means the maximum sur- face water runoff rate (cfs) determined for the design storm frequency. (9) "Receiving bodies of water" means creeks, streams, rivers, lakes and other bodies of water into which surface waters are directed, either naturally or in manmade ditches or open systems. (10) "Retention/detention facilities" shall mean facilities designed either to hold runoff for a short period of time and then releasing it to the natural watercourse or to hold water for a considerable length of time and then consume it by evaporation, plant transpiration, or infiltration to the ground. (11) "Subject property" means the tract of land which is the subject of the permit and/or approval action. (Ord. 1098 § 1, 1979). 15.32.030 Submission of a drainage plan. (1) All persons applying for any of the follow- ing permits and/or approvals shall submit for approval a drainage plan with their application and/or request: (a) Grading permit; (b) Substantial development permit; (c) Flood control zone permit; (d) Subdivision approval; (e) Special use permits; (f) Conditional use permits; (g) Building permits where the permit relates to 5,000 or more square feet of development coverage within the property; (h) Planned unit development; (i) Short plat applications which meets one or more of the following criteria: (i) Two or more vacant or undeveloped lots are created where the average density is less than 35,000 square feet. (ii) Natural drainage swales and/or natu- ral retention areas are located within the short plat 15-19 (Revised 8/98) 15.32.040 and exceed one foot in depth. These shall be iden- tified by the applicant on short plat. (iii) The short plat is located within or adjacent to the floodplain for a river or stream. (2) The plan submitted during one per- mit/approval process may be subsequently submit- ted with further required applications. The plan shall be supplemented with additional information at the request of the department. The plan requirement established in this section will not apply when the department determines that the proposed permit and/or activity: (a) Will not seriously and adversely impact the water quality conditions of any affected receiv- ing bodies of water; and/or (b) Will not alter the drainage patterns, increase the peak discharge, and cause any other adverse effects in the drainage area. (Ord. 1098 § 1, 1979). 15.32.040 Contents of drainage plan. All persons applying for any of the permits and/or approvals contained in POMC 15.32.030 shall provide a drainage plan for surface water flows entering, flowing within, and leaving the subject property. The following information will be presented in the drainage plan: (1) Background computations for sizing drain- age facilities: (a) Depiction of the drainage area on a topo- graphical map, with acreage indicated; (b) Indications of the peak discharge and amount of surface water currently entering and leaving the subject property; (c) Indication of the peak discharge and amount of runoff which will be generated within the subject property, if development is allowed to proceed; (d) Determination of the peak discharge and amount of water that will be generated by the design storm frequencies as specified by the department at various points on the subject prop- erty. (Ord. 1098 § 1, 1979), 15.32.050 Mandatory requirements for all drainage improvements. (1) Commencement of construction, grading or site alteration work under any of the permits or approvals listed in POMC 15.32.030 shall not begin until such time as final approval of the drain- age plan has been granted by the engineer. (Revised 8/98) 15-20 Port Orchard Municipal Code 15.38.350 (4) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in POMC 15.38.300(2); (5) Applicants floodproofing nonresidential buildings shall be notified that flood insurance pre- miums will be based on rates that are one foot below the floodproofed level (e.g., a building con- structed to one foot above the base flood level will be rated at the base flood level). (Ord. 1446 § 6.2- 2, 1989; Ord. 1435 § 6.2-2, 1988). 15.38.320 Critical facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the base floodplain. Construction of new critical facil- ities shall be permissible within the base floodplain if no feasible alternative site is available. Critical facilities constructed within the base floodplain shall have the lowest floor elevated to three feet or more above the level of the base flood elevation at the site. Floodproofing and sealing measures must be taken to insure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base floodplain shall be provided to all critical facilities to the extent possible. (Ord. 1446 § 6.2-3, 1989; Ord. 1435 § 6.2-3, 1988). 15.38.330 Manufactured homes. All manufactured homes to be placed or sub- stantially improved within zones Al-30, AH and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot or more above the base flood ele- vation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of POMC 15.38.240(2). (Ord. 1446 § 6.2-4, 1989; Ord. 1435 § 6.2-4, 1988). 15.38.340 Floodways. Located within areas of special flood hazard established in POMC 15.38.060 are areas desig- nated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projec- tiles and erosion potential, the provisions in this section apply: (1) Prohibit encroachments, including fill, new construction, substantial improvements and other development unless certification by a registered professional engineer or architect is provided dem- onstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. (2) Construction or reconstruction of residen- tial structures is prohibited within designated floodways, except for: (a) Repairs, reconstruction or improve- ments to a structure which do not increase the ground floor areas; and (b) Repairs, reconstruction or improve- ments to a structure the cost of which does not exceed 50 percent of the market value of the struc- ture either: (i) Before the repair, reconstruction or improvement is started; or (ii) If the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with exist- ing health, sanitary or safety codes or to structures identified as historic places shall not be included in the 50 percent. (3) If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article V of this chapter, Provisions for Flood Hazard Reduction. (Ord. 1446 § 6.3, 1989; Ord. 1435 § 6.3, 1988). 15.38.350 Wetlands management. To the maximum extent possible avoid the short and long term adverse impacts associated with the destruction or modification of wetlands, especially those activities which limit or disrupt the ability of the wetlands to alleviate flooding impacts. The fol- lowing process should be implemented: (1) Review proposals for development within base floodplains for their possible impacts on wet- lands located within the floodplain. (2) Ensure that development activities in or around wetlands do not negatively affect public safety, health and welfare by disrupting the wet- lands' ability to reduce flood and storm drainage. (3) Request technical assistance from the Department of Ecology in identifying wetland areas. Existing wetland map information from the National Wetlands Inventory (NWI) can be used in conjunction with the community's FIRM to pre- pare an overlay zone indicating critical wetland areas deserving special attention. (Ord. 1446 § 6.4, 1989; Ord. 1435 § 6.4, 1988). 15-33 (Revised 8/98) 15.40.010 Chapter 15.40 ZONING ORDINANCE ENFORCEMENT Sections: 15.40.010 Enforcement— City engineer authority Chapter 15.44 ENERGY CODE AND VENTILATION AND INDOOR AIR QUALITY CODE Sections: 15.40.020 Occupation of premises prohibited 15.44.010 Minimum requirements established. when. 15.40.030 Violation — Penalty. 15.40.010 Enforcement — City engineer authority. It is the duty of the city engineer or his designee to see that Ordinance No. 1469 and amendments thereto codified as the Port Orchard Zoning Ordi- nance are enforced through proper legal channels. No permit for the construction or alteration of any building or part thereof shall be issued unless the plans, specifications and intended use of such building conform in all respects to the Port Orchard Zoning Ordinance. (Ord. 1621 § 1, 1994; Ord. 1469 Ch. 14(A), 1989). 15.40.020 Occupation of premises prohibited when. It is unlawful and a violation of this chapter and Ordinance No. 1469 and amendments thereto cod- ified as the Port Orchard Zoning Ordinance for any person to use, construct or occupy any portion of any premises in violation of the provisions of the Port Orchard Zoning Ordinance, until such unlaw- ful use has ceased and such unlawful construction and equipment has been removed. (Ord. 1621 § 2, 1994; Ord. 1469 Ch. 15(A), 1989). 15.40.030 Violation — Penalty. Any responsible person, firm, corporation or agent who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of the Port Orchard Zoning Ordinance shall be deemed guilty of a civil infraction. Each five -calendar -day period that a violation exists constitutes a separate offense. (Ord. 1621 § 3, 1994; Ord. 1469 Ch. 15(B), 1989). 15.44.010 Minimum requirements established. The Washington State Energy Code and the Washington State Ventilation and Indoor Air Qual- ity Code, as promulgated by the Washington State Building Code Council, shall set forth minimum requirements for new buildings and structures, additions and remodels of existing buildings and structures. (Ord. 1728 § 1, 1998). (Revised 8/98) 15-34 Port Orchard Municipal Code 15.48.070 Chapter 15.48 HAZARDOUS MATERIALS FACILITY WARNING SYSTEM Sections: 15.48.010 Lock boxes — Required. 15.48.020 Lock boxes — Specifications — Location. 15.48.030 Lock boxes — Security. 15.48.040 Lock boxes — Contents. 15.48.050 Lock boxes — Changes to contents. 15.48.060 Enforcement. 15.48.070 Violation — Penalties. 15.48.010 Lock boxes — Required. Any facility that uses, stores, handles, or manu- factures reportable quantities of hazardous materi- als as defined by Environmental Protection Agency 40 CFR Parts 300 and 355 (Extremely Hazardous Substances List and Threshold Plan- ning Quantities; Emergency Planning and Release Notification Requirements) as now authorized or hereafter amended that apply to the facility shall provide approved "lock boxes" for storage of Material Safety Data Sheets (MSDSs). (Ord. 1713 § 2(1), 1998). 15.48.020 Lock boxes — Specifications — Location. The lock boxes shall be weathertight and marked with the letters MSDS in blue reflective material not less than two inches high with a one- half -inch stroke on a white background. The "lock boxes" shall be located outside the facility and on the address side of the building when possible. (Ord. 1713 § 2(2), 1998). 15.48.030 Lock boxes — Security. The lock box shall be secured with a lock approved by the local fire authority. (Ord. 1713 § 2(3), 1998). 15.48.040 Lock boxes — Contents. The "lock box" shall also contain a 24-hour con- tact list of facility personnel knowledgeable about safety procedures for such materials, and the loca- tion of emergency firefighting and spill control equipment on -site. (Ord. 1713 § 2(4), 1998). 15.48.050 Lock boxes — Changes to contents. The facility operator shall update documents within the "lock box" as changes are made. (Ord. 1713 § 2(5), 1998). 15.48.060 Enforcement. The fire chief of the fire authority or his desig- nee shall enforce this chapter. (Ord. 1713 § 2(6), 1998). 15.48.070 Violation — Penalties. Any person, business, company or corporation violating this chapter by failing to erect a "lock box" as required by POMC 15.48.010 through 15.48.050 shall be liable for a civil fine of $500.00. (Ord. 1713 § 2(7), 1998). 15-35 (Revised 8/98) Port Orchard Municipal Code 16.04.040 Chapter 16.04 SUBDIVISIONS Sections: 16.04.010 Purpose. 16.04.020 Jurisdiction. 16.04.030 Conflicting provisions. 16.04.040 Definitions. 16.04.050 Adopted. 16.04.060 Applicability. 16.04.070 Exemptions. 16.04.080 Concomitant agreement. 16.04.090 Administration. 16.04.100 Short subdivision — Application. 16.04.110 Short subdivision — Recording of final plat. 16.04.120 Short subdivision — Auditor. 16.04.130 Short subdivision — Resubdivision requirements. 16.04.140 Preliminary plat — Application. 16.04.150 Preliminary plat — Property owners list. 16.04.160 Preliminary plat — Filing fee. 16.04.170 Preliminary plat — File number. 16.04.180 Preliminary plat — Planning commission public hearing. 16.04.190 Preliminary plat — Final action. 16.04.200 Preliminary plat — City council public hearing. 16.04.210 Final plat — Application. 16.04.220 Final plat — Signing and recording. 16.04.230 Final plat — Written approval of subdivision — Recording. 16.04.240 Time limit. 16.04.250 Vacating procedures. 16.04.260 Violations — Penalty. 16.04.010 Purpose. The purpose of this chapter is to regulate the subdivision of land within the city limits of Port Orchard and to require accurate legal descriptions and uniform monumenting of subdivisions. The controls, standards and procedures set forth in this chapter shall serve to minimize any expected neg- ative impact of the proposed property use and has as its purpose the improvement of the area for pub- lic good. The city council of the city of Port Orchard deems these regulations to be essential to the protection of the public health, safety and gen- eral welfare, and the adoption thereof to be in the public interest. (Ord. 1702 § 1, 1997). 16.04.020 Jurisdiction. These subdivision regulations shall apply to all subdivision of land within the corporate limits of the city of Port Orchard. The provisions and stan- dards contained in this chapter shall be deemed to be minimum standards with which compliance is essential to the permitted uses, and shall not be construed as limiting the legislative discretion of the city council to further restrict the permissive uses or to withhold or revoke permits for uses where, notwithstanding the existence of the mini- mum standards herein set forth, the promotion or protection of the public health, safety and welfare bears a substantial relation to such withholding, denial or revocation of permits or uses. (Ord. 1702 § 2, 1997). 16.04.030 Conflicting provisions. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties. Where this chapter imposes a greater restriction upon the use of buildings, or land or requires larger spaces than is imposed or required by other resolutions, rules, or regulations or by easements, covenants, or other agreements, the provisions of this chapter shall govern. (Ord. 1702 § 3, 1997). 16.04.040 Definitions. Whenever the following words and phrases appear in this chapter they shall be given the mean- ing attributed to them by this section. When not inconsistent with the context, words used in the present tense shall include the future; the singular shall include the plural, and the plural the singular; the word "shall" is always mandatory, the word "may" indicates a use of discretion in making a decision. "Alley" is a strip of land dedicated to public use providing vehicular and pedestrian access to the rear side of properties which abut and are served by a public road. "City" is the city of Port Orchard, Washington, and all the territory within its existing and future corporate limits. "City council" is the legislative authority of the city of Port Orchard. "Comprehensive plan" is the current compre- hensive plan of the city of Port Orchard approved by the city council. 16-3 (Revised 8/98) 16.04.050 "Cul-de-sac" is a road closed at one end by a cir- cular area of sufficient size for turning large vehi- cles around. "Dedication" is the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evi- denced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit. "Final plat" is the final drawing of the subdivi- sion and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in the state subdivision statute (Chapter 58.17 RCW) and in this chapter. "Lot" is a fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning require- ments for width and area. The term shall include tracts or parcels. "Planning commission" is the commission appointed pursuant to the Chapter 2.20 POMC. "Plat" is a map or representation of a subdivi- sion, showing thereon the division of a tract or par- cel of land into lots, blocks, streets, and alleys or other divisions and dedications. "Preliminary plat" is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and restrictive covenants to be applicable to the subdi- vision, and other elements of a plat or subdivision which shall furnish a basis for the approval or dis- approval of the general layout of a subdivision. "Property owner" means those individuals, cor- poration, or entity who own or have an invested contractual interest in the property. "Road" or "street' is a public or approved pri- vate right-of-way which provides vehicular circu- lation or principal means of access to abutting properties. "Short plat" is the map or representation of the short subdivision. "Short subdivision" is the division of land into four or less lots, tracts, parcels, sites or subdivi- sions for the purpose of sale or lease. "Subdivision" is the division or redivision of land and the transfer of ownership into five or more lots, tracts, parcels, sites or divisions for the pur- pose of sale or lease and shall include all resubdi- vision of land. (Ord. 1702 § 4, 1997). 16.04.050 Adopted. In order that land may be subdivided in accor- dance with these purposes and policies, the follow- ing subdivision regulations are hereby adopted. (Ord. 1702 § 5, 1997). 16.04.060 Applicability. Whenever any subdivision of land is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner, or his authorized agent, shall apply for and secure approval of such proposed subdivision in accordance with standards and procedures as set forth in this chapter. Every subdivision of land within the corporate limits of the city of Port Orchard shall proceed in compli- ance with this chapter. (Ord. 1702 § 6, 1997). 16.04.070 Exemptions. The provisions of this chapter shall not apply to the following: (1) Any cemetery or burial plot, which is used for that purpose; (2) Any division of land not containing a dedi- cation, in which the smallest lot created by the divi- sion exceeds 1/ 128 of a section of land or five acres; (3) Any division of land made by testamentary provision, the law of descent, or upon court order; (4) Mobile home parks; (5) A division made for the purpose of adjust- ing boundary lines which does not create any addi- tional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division to meet mini- mum requirements for width and area for a build- ing site. (Ord. 1702 § 7, 1997). 16.04.080 Concomitant agreement. Any application for a subdivision of any prop- erty may be subject to the signing of a concomitant agreement as a condition to the granting of the sub- division. The agreement shall serve to minimize the expected negative impact of the proposed subdivi- sion and has as its purpose the improvement of the area for public good. The agreement shall include any condition of approval the city finds necessary to protect the public health, safety or general wel- (Revised 8/98) 16-4 Port Orchard Municipal Code 16.04.140 fare. Wherever such a concomitant agreement is signed, it shall be filed and recorded with the office of the Kitsap County auditor and officially entered as a covenant upon the land. The applicant may be required to pay the cost of the preparation of the agreement. (Ord. 1702 § 8, 1997). 16.04.090 Administration. The city engineer or the city engineer's designee is vested with the duty of administering subdivi- sion and platting regulations within the corporate areas of the city and may prepare and require the use of such forms as are essential to their adminis- tration. (Ord. 1702 § 9, 1997). 16.04.100 Short subdivision — Application. The property owner or his authorized agent, desiring to subdivide land into four or fewer lots shall file with the city a petition signed and acknowledged by him, on forms provided by the city and shall be full and complete, including such data as may be prescribed by the city. Each pro- posal shall be delineated in sufficient detail so that the plat is clearly defined. Required information shall include but shall not be limited to: (1) Three signed copies of the application and all related material. (2) The legal description of the area to be sub- divided. (3) Legal descriptions for each new parcel being created. A legal description shall include all existing easements and newly created easements within the developed structure of the legal itself. All legal descriptions shall be written in a manner which is acceptable to the city engineer. (4) Drawings to scale that describe exactly and legally the property being short platted. (a) The name of any adjacent subdivisions; (b) Lines marking the original boundaries of the site and the proposed lots. All dimensions shall coincide with the legal description; (c) Dimensions, names, and locations of existing roads and ways within or adjacent to the tract; (d) Location of existing structures with respect to all existing and proposed property boundaries; (e) North arrow; (f) Scale; (g) Seal and signature of professional land surveyor who prepared drawings. (This require- ment may be waived by the city engineer.) (5) The proposed source of water and means of sewage disposal. The city engineer shall have the proposed short subdivision reviewed to assure that all lots conform to all state and local requirements. If it is determined that the proposed short subdivi- sion application contains sufficient elements and data to furnish a basis for approval or disapproval, a file number shall be affixed to the application along with the date of receipt and promptly for- warded to the city engineer. Copies of the applica- tion shall be forwarded to the city clerk, fire authority, police chief and any state or federal agency having jurisdiction over the proposal, for review and comment. (Ord. 1702 § 10, 1997). 16.04.110 Short subdivision — Recording of final plat. The city engineer shall sign and date all ap- proved short subdivisions and return the approved final short plat to the subdivider. The subdivider shall then file the short plat with Kitsap County. (Ord. 1702 § 11, 1997). 16.04.120 Short subdivision — Auditor. The short plat shall not be deemed approved until so filed. One copy of the recorded plat shall be returned to the city for its files. (Ord. 1702 § 12, 1997). 16.04.130 Short subdivision — Resubdivision requirements. (1) The area included in an approved short sub- division shall not be further subdivided in any manner within a period of five years from when the final plat has been approved and filed. (2) The city engineer may approve an amend- ment to an existing short plat which has been approved and filed for less than the required five years, if the total number of proposed lots do not exceed four and there is no significant adverse action as a result of the amendment. Procedures for a short plat amendment are the same as those for the short subdivision. (Ord. 1702 § 13, 1997). 16.04.140 Preliminary plat — Application. (1) The property owner, or authorized agent, de- siring to subdivide land into five or more lots, shall file with the city a petition signed and acknowl- 16-5 (Revised 8/98) 16.04.150 edged by him/her on forms provided by the city and shall be full and complete, including such data as may be prescribed by the city engineer. (2) Each subdivision shall be delineated in suf- ficient detail so that the plat is clearly defined. Pre- liminary plat requirements shall include but shall not be limited to: (a) The legal description of the property or area to be subdivided, legal descriptions for each new parcel being created and shall include all existing easements and newly created easements within the developed structure of the legal itself. (b) A complete and detailed written state- ment of the intended use of the land. (c) Scaled drawings which include survey data compiled as a result of a survey made by a reg- istered land surveyor, site plan, area map, traffic circulation plans and any other plans and drawings deemed necessary for evaluation. (Ord. 1702 § 14, 1997). 16.04.150 Preliminary plat — Property owners list. A list of property owners within 300 feet of the exterior boundaries of the subject property and their addresses, shall be furnished by the applicant. Said list shall be obtained from the Kitsap County assessor. (Ord. 1702 § 15, 1997). 16.04.160 Preliminary plat — Filing fee. Whenever an application for a subdivision is filed, a fee as determined by resolution, shall be paid for the purpose of defraying the costs inciden- tal to the proceedings. (Ord. 1702 § 16, 1997). 16.04.170 Preliminary plat — File number. Upon receipt of an application for a subdivision, the city shall review the proposal to assure that all lots conform to all state and local requirements. If it is determined that the proposed preliminary plat application contains sufficient elements and data to furnish a basis for approval or disapproval, a file number shall be affixed to the application along with the date of receipt. (Ord. 1702 § 17, 1997). 16.04.180 Preliminary plat — Planning commission public hearing. (1) Upon the proper filing of a preliminary plat application, the planning commission shall give proper notice and hold a public hearing at the time and a date set forth in the notice. (2) Notice of the time and place of the hearing shall be published once in a newspaper of general circulation within the city, not less than 10 nor more than 30 days prior to the hearing date. The city shall put the notice in the newspaper. (3) Notice shall also be mailed to all owners of record of the properties within 300 feet of the exte- rior boundaries of the subject property, not less than 10 days prior to the hearing date. If the pro- posed subdivision is adjacent to the right-of-way of any state highway, notice shall be given to the State Department of Transportation, or its successor; and the State Department of Ecology, if the proposed subdivision lies within an environmentally sensi- tive area. The city shall mail the notice to property owners. The applicant shall be responsible for the list's accuracy. (4) The commission shall consider the facts of the proposal, the facts brought out in the hearing and any other competent facts pertaining to the subject property or to the properties adjacent to or in the vicinity thereof. The commission shall eval- uate the preliminary plat proposal for the purpose of determining if it is in furtherance of the health, safety, and general welfare of the community and that the public use and interest will be served by the platting of such subdivision. The commission shall make written recommendations to the council regarding the subdivision of the property and file the same with the city clerk. Conditions of approval shall be precisely recited in the planning commission's report and shall include recom- mended improvements, if any. Such recommenda- tion shall be submitted to the city council not later than 14 days following action by the planning com- mission. The recommendation shall be in writing and shall include findings of fact and conclusions to support the recommendation. (5) A written report of the commission's deci- sion shall be mailed to the petitioner at the address shown on his petition. (Ord. 1702 § 18, 1997). 16.04.190 Preliminary plat — Final action. (1) Upon receipt of the recommendation of the planning commission on any preliminary plat, the city council shall at its next meeting set the date for the public meeting where it may adopt, reject or modify the recommendations of the planning com- mission. If, after considering the matter at a public meeting, the city council deems a change in the planning commission's recommendation approv- (Revised 8/98) 16-6 Port Orchard Municipal Code 16.04.210 ing or disapproving any preliminary plat is neces- sary, the change of the recommendation shall not be made until the city council shall conduct a public hearing and thereupon adopt its own recommenda- tions and approve or disapprove the preliminary plat. The decision of the city council shall be in writing and shall include findings of fact and con- clusions to support the decision. (2) In making its decision, the city council shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine if appropriate provisions are made for, but not limited to, the pub- lic health, safety, and general welfare, for open spaces, drainageways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, play- grounds, sites for schools and school grounds, and shall consider all other relevant facts and determine whether the public interest will be served by the subdivision and dedication. If it finds that the pro- posed plat makes appropriate provisions for the public health, safety, and general welfare and for such open spaces, drainageways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds and that the public use and interest will be served by the platting of such subdivision, then it shall be approved. If it finds that the proposed plat does not make such appropriate provisions or that the public use and interest will not be served then the council may disapprove the proposed plat. Ded- ication of land to any public body may be required as a condition of subdivision approval and shall be clearly shown on the final plat. The city council shall not as a condition to the approval of any plat require a release from damages to be procured from other property owners. (Ord. 1702 § 19, 1997). 16.04.200 Preliminary plat — City council public hearing. (1) A public hearing date shall be set by the city clerk for not more than 30 days after the city coun- cil decision to hold a public hearing. (2) Hearings for which notice has been given in accordance with the provisions herein may be con- tinued for good cause and verbal notice to those present of the date, time, and place to which such hearing is continued shall be deemed sufficient no- tice. (3) A petition, which has been disapproved by the council, cannot be resubmitted to the commis- sion within one year of the date of disapproval. A petitioner whose petition has been disapproved by the council may appeal to the superior court. (4) Appeal from Decision of the City Council. The decision of the city council shall be final and conclusive unless within 30 days from the date of said action the original applicant or any property owner who deems himself aggrieved thereby and who will suffer direct and substantial impacts from the proposed subdivision, files an appeal to the superior court for writ of review. The filing of such appeal shall stay the effective date of the order of the city council until such a time as the appeal shall have been adjudicated or withdrawn. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appel- lant. (Ord. 1702 § 20, 1997). 16.04.210 Final plat — Application. Within three years following the approval of the preliminary plat the applicant shall file with the city engineer an application for final approval of a subdivision plat. The application shall: (1) Be made on forms provided by the city and signed by the owner of record and shall be full and complete, together with a fee as established by res- olution. (2) Be accompanied by three sets of as -built drawings of all improvements. (3) Comply in all respects with the preliminary plat as approved. In lieu of the completion of the actual construction of any required improvements prior to the approval of a final plat, the city may accept a bond, in an amount and with surety and conditions to it, or other secure method, providing for and securing to the city the actual construction and installation of such improvements within a time limit as specified by the city council and expressed in the bonds. In addition, the city council may require other methods of security, including the posting of a bond securing to the city the successful operation of improvements for an appropriate period of time up to two years after final approval. (4) Be presented to the city engineer at least four weeks prior to a regular meeting of city council. The date of the regular meeting on approval of the final plat shall constitute the official submittal date of the plat for the purposes of these regulations. (5) Be accompanied by all formal irrevocable offers of dedications to the public of, but not limited to, all streets, utilities, parks, and easements in a 16-7 (Revised 8/98) 16.04.220 form approved by the city attorney. The subdivi- sion plat shall be marked with a notation indicating the formal offers of dedication. A full covenant and warranty deed to all land to be dedicated to the pub- lic in proper form for recording, together with a title policy. (6) A certificate bearing the typed or printed names of all persons having an interest in the sub- divided land, signed by the said persons and acknowledged by them before a notary public, con- senting to the subdivision of the said land and recit- ing a dedication by them if all land shown on the plat to be dedicated for public uses and a waiver by them and their successors of all claims for damages against any governmental authority arising from the construction and maintenance of public facili- ties and public property within the subdivision. (Ord. 1702 § 21, 1997). 16.04.220 Final plat — Signing and recording. (1) Subsequent to the resolution of the city council, three paper copies of the construction plans, and one copy of the original of the subdivi- sion plat on tracing cloth and/or reproducible mylar shall be submitted to the city engineer for final re- view. No final approval shall be endorsed on the plat until a review has indicated that all the require- ments of the preliminary plat as approved have been satisfied. (2) The city may accept a bond in lieu of the completion of the actual construction of any required improvements prior to the approval of a final plat, in an amount and with surety and condi- tions satisfactory to it, or other secure method, pro- viding for and securing to the city the actual construction and installation of such improvements within a period specified by the city council and expressed in the bonds. In addition, the city may regulate the methods of security, including a post- ing of a bond securing to the city the successful operation of improvements for an appropriate period of time up to two years after final approval. The city engineer is authorized to enforce bonds as approved by the city council. (3) When the city engineer finds that all condi- tions of the resolution have been satisfied, he/she shall sign the tracing cloth and/or reproducible mylar original of the subdivision plat. (4) No vested rights shall accrue to any plat by reason of preliminary or final approval until the actual signing of the plat by the council. (Ord. 1702 § 22, 1997). 16.04.230 Final plat — Written approval of subdivision — Recording. (1) When the city council finds that the subdivi- sion proposed for final plat approval conforms to all terms of the preliminary plat, as approved, and that said subdivision meets the requirements of this chapter, other applicable state laws, and local ordi- nances which were in effect at the time of the pre- liminary plat approval, it shall suitably inscribe and execute its written approval on the face of the plat. The city shall make a formal written finding of fact that the proposed subdivision or short subdivision is in conformity with any applicable zoning ordi- nance or other land use controls. The original of said final plat shall be filed for record with the county auditor. Simultaneously with the filing of the plat, the city clerk shall record the agreement of dedication and any other legal documents as shall be required to be recorded. One paper copy shall be furnished to the city engineer. One paper copy shall be filed with the county assessor. Any lots in a final plat filed for record shall be valid land use, not- withstanding any change in zoning laws, for a period of five years from the date of filing. A sub- division shall be governed by the terms of approval of the final plat, and the statutes, ordinances and regulations in effect at the time of approval for a period of five years after final plat approval unless the city council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. (2) Any decision approving or disapproving a plat shall be reviewable for unlawful, arbitrary, capricious or corrupt action or nonaction by writ of review before the superior court of Kitsap County, Washington. The decision of the city council shall be final and conclusive unless within 30 days from the date of said action the original applicant or any property owner who deems himself aggrieved thereby and who will suffer direct and substantial impacts from the proposed subdivision, files an appeal to the superior court for a writ of review. The filing of such appeal shall stay the effective date of the order of the city council until such a time as the appeal shall have been adjudicated or withdrawn. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant. (Ord. 1702 § 23, 1997). (Revised 8/98) 16-8 Port Orchard Municipal Code 16.04.260 16.04.240 Time limit. Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or cor- rection within 90 days from date of filing thereof unless the applicant consents to an extension of such time period; provided, that if an environmen- tal impact statement is required as provided in RCW 43.21C.030 the 90-day period shall not include the time spent preparing and circulating the environmental impact statement by the city. Final plats and short plats shall be approved, disap- proved, or returned to the applicant within 30 days from the date of filing thereof, unless the applicant consents to an extension of such time period. A final plat meeting all requirements of this chapter shall be submitted to the legislative body of the city for approval within three years of the date of pre- liminary plat approval; provided, that this three- year time period shall retroactively apply to any preliminary plat pending before the city, as of July 24, 1983, where the authority to proceed with the filing of a final plat has not lapsed under an appli- cable city ordinance containing a shorter time period that was in effect when the preliminary plat was approved. An applicant who files a written request with the city council at least 30 days before the expiration of this three-year period shall be granted one one-year extension upon a showing that the applicant has attempted in good faith to submit the final plat within the three-year period. (Ord. 1702 § 24, 1997). 16.04.250 Vacating procedures. The city council establishes the following pro- cedure to process a petition to vacate a right-of- way: (1) The petition to vacate a right-of-way shall be accompanied by a petition fee as set by council resolution. (2) The petition to vacate a right-of-way shall be accompanied by a certified check that provides for one-half the cost of the value of the land. The value of the land will be based on square foot val- uations as set by council resolution. (3) The city clerk will not process the petition without the conditions set out in subsections (1) and (2) having been fulfilled. (4) The city council reserves the right to require an appraisal be completed at the expense of the peti- tioner. At the council's prerogative, the appraisal shall be completed by either a certified or noncer- tified appraiser and approved by the council. If the council requires an appraisal and the appraisal exceeds the valuations as set by council resolution, the petitioner shall provide the city with the addi- tional required funds. If the appraisal determines the cost is less that the established values, the city will reimburse the difference based on the amount of the certified check and the appraised value. (5) The city will hold the certified check for a maximum of six months after the council approves the vacation. If by that time, the petitioner has not completed the transaction, the petitioner shall for- feit the certified check. The city treasurer shall cash the check and deposit the funds in the appropriate city fund. (6) The cost of the petition fees and appraisal shall not be credited towards the cost of the right- of-way. (Ord. 1513, 1991). 16.04.260 Violations — Penalty. (1) Any person, firm, corporation or association or any agent of any person, firm, corporation or association who violates any provision of this chapter relating to the sale, offer for sale, lease or transfer of any lot, tract or parcel of land shall be guilty of a civil infraction and each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in violation of any provisions of this chapter shall be deemed a separate and distinct offense. (2) Whenever any parcel of land is divided into five or more lots, tracts, or parcels of land and any person, firm or corporation or any agent of any of them sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel with- out having a final plat of such subdivision filed for record, the city attorney shall commence an action to restrain and enjoin further subdivisions or sales, or transfers, or offers of sale or transfer and compel compliance with all provisions of this chapter. The costs of such action shall be taxed against the per- son, firm, corporation or agent selling or transfer- ring the property. (3) Any person who violates any court order of injunction issued pursuant to this chapter shall be subject to a fine of not more than $5,000 or impris- onment for not more than 90 days or both. (4) In the enforcement of this chapter, the city attorney may accept an assurance of discontinu- ance of any act or practice deemed in violation of 16-9 (Revised 8/98) 16.04.260 this chapter from any person engaging in, or who has engaged in such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the superior court of the county in which the alleged violation occurs. A violation of such assurance shall constitute prima facie proof of a violation of this chapter. (Ord. 1702 § 25, 1997). (Revised 8/98) 16-10 Chapters: 17.04 Regulations Title 17 MOBILE HOME PARKS 17-1 (Revised 8/98) Port Orchard Municipal Code 17.04.050 Chapter 17.04 REGULATIONS Sections: 17.04.010 Definitions. 17.04.020 Temporary use permits. 17.04.030 Requirements for parking mobile homes outside of mobile home parks. 17.04.040 Permits for mobile home parks. 17.04.050 Inspection of mobile home parks. 17.04.060 Fire protection. 17.04.070 Land use. 17.04.080 Alterations and additions. 17.04.090 Animals and pets. 17.04.100 Parking of mobile homes. 17.04.110 Violation — Penalty. 17.04.010 Definitions. The following definitions set out in this chapter shall apply in the interpretation and the enforce- ment of these regulations: (1) "Health officer" means the district health officer as defined in Chapter 70.05 RCW or his or her authorized representative. (2) "Mobile home" means a transportable, sin- gle-family dwelling unit suitable for year-round occupancy and containing similar plumbing, waste disposal, and electrical conveniences as immobile housing. A factory -assembled structure equipped with the necessary connections and made so as to be readily movable as a unit on its own running gear and designed to be used as a dwelling unit without a permanent foundation. The phrase "with- out a permanent foundation" indicates that the sup- port system is constructed with the intent that the mobile home placed thereon will be moved from time to time at the convenience of the owner. (3) "Mobile home park" means a plot of ground divided into spaces, under the ownership or man- agement of one person, firm, or corporation for the purpose of locating two or more mobile homes for dwelling purposes. A municipal RV park is not considered to be a mobile home park. A temporary use permit as allowed by the city council shall not be considered a mobile home park. (4) "Person" means an individual, firm, corpo- ration, partnership, association, or agency of the federal government which is subject to the jurisdic- tion of the state. (5) "Recreational vehicle (RV)" means vehi- cles such as travel trailers, tent trailers, vans, designed for recreational use with or without sani- tary facilities. A motor home, travel trailer, truck, camper or camping trailer, with or without motive power, designed for human habitation for recre- ational or emergency occupancy is considered an RV. (Ord. 1700 § l(1) — (5), 1997). 17.04.020 Temporary use permits. Temporary use permits may be allowed by the city council to permit a resident to place a mobile home on a parcel of property, regardless of the number of homes already existing on that property. When a temporary use permit is allowed, the city council will do so at a city council meeting and shall specify the duration of the temporary use per- mit at its discretion. The city council may specify any site conditions that it deems necessary. (Ord. 1700 § 1(6), 1997). 17.04.030 Requirements for parking mobile homes outside of mobile home parks. No mobile home shall be parked and occupied outside an approved mobile home park unless ade- quate sanitary facilities are provided and approved by the health officer and unless permitted by appli- cable city building and zoning requirements. (Ord. 1700 § 2, 1997). 17.04.040 Permits for mobile home parks. (1) No person shall operate a mobile home park within the city who does not possess an unrevoked permit as issued by the health officer in the name of such person for the specific mobile home park. (2) RV parks owned and operated by the city are exempt from health officer permit require- ments. (Ord. 1700 § 3, 1997). 17.04.050 Inspection of mobile home parks. (1) The health officer and his or her agent are authorized and directed to make inspections of mobile home parks and mobile homes as are neces- sary to determine satisfactory compliance with health regulations and shall have free access to such premises at reasonable times for the purpose of inspection. (2) In accordance with RCW 43.22.440 the city shall administer, inspect and enforce the installa- tion of all mobile homes locating or relocating 17-3 (Revised 8/98) 17.04.060 within the jurisdictional boundaries of the city (Ord. 1700 § 4, 1997). 17.04.060 Fire protection. The mobile home park area shall be subject to the ordinances, rules and regulations of the city in regard to fire prevention and fire flow. The Port Orchard fire authority or his agent shall review plans for compliance with this system. The fire authority shall advise the health officer in writing of either compliance or the specific discrepancies. (Ord. 1700 § 5, 1997). 17.04.070 Land use. The mobile home park is subject to the ordi- nances, rules, and regulations of the city in regard to land use administration. (Ord. 1700 § 6, 1997). 17.04.080 Alterations and additions. (1) Plumbing and electrical alterations or repairs in the mobile home park shall be made in accordance with applicable local regulations. (2) Skirting of all mobile homes is required and that area enclosed by such skirting shall be main- tained so as not to provide a harborage for rodents, or create fire hazard. (3) Accessory Structures. (a) Unless designed and/or built by the man- ufacturer, accessory structures such as porches, decks and carports are regulated under city codes and ordinances. (b) No accessory structure unless designed and/or constructed by the manufacturer can rely on the mobile home for support. A carport adjacent to the building may be attached to have a weather - tight connection. However, the mobile home can- not support the carport. (c) Where windows required for ventilation and egress are covered by a carport, that carport shall be designed and built in such a way as to allow egress from the windows and maintain access to light and air. (Ord. 1700 § 7, 1997). 17.04.090 Animals and pets. No owner or person in charge of a dog, cat or other pet animals shall permit them to run at large, or to commit any nuisance within the limits of any mobile home park. (Ord. 1700 § 8, 1997). 17.04.100 Parking of mobile homes. (1) No person shall park or locate and use any mobile home or recreational vehicle for human occupancy on any lot, tract or parcel of land in the city of Port Orchard for a period longer than 72 hours except: (a) In an approved mobile home park; (b) As provided in the zoning ordinance of the city of Port Orchard; or (c) With city council approval of a tempo- rary use permit. (2) Provisions for the parking of mobile homes shall not apply to the following: emergency park- ing of less than 24 hours subject to limitations that may be imposed by codes, ordinances and regula- tions of the city relative to parking; and unoccupied mobile homes for demonstration and sales pur- poses located within any district permitted by the zoning ordinances for such use. (Ord. 1700 § 9, 1997). 17.04.110 Violation —Penalty. (1) Any person, firm, or corporation violating or failing to comply with the provisions of these rules and regulations shall be guilty of a misde- meanor. Each person, firm or corporation is guilty of a separate offense for each and every day or por- tion thereof during which the violation of these regulations continue. (2) Penalty upon conviction shall be punishable by a fine of not more than $500.00, or by imprison- ment for not more than 90 days or by both such fine and imprisonment. (Ord. 1700 § 10, 1997). (Revised 8/98) 17-4 Port Orchard Municipal Code Ordinance Table 368 Garbage collection and disposal (Repealed 409 Tax levy 1935 (Special) by 481) 410 (Repealed by 692) 369 (Obsolete) 411 Approving assessments LID 34 (Special) 370 Building committee and permits (Repealed 412 Calling special election (Special) by 536) 413 (Repealed by 481) 371 Parking certain times prohibited (Repealed 414 Tax levy for 1936 (Special) by 754) 415 Plan for waterworks improvements (Obso- 372 Fire chief, duties (Repealed by 1710) lete) 373 (Obsolete) 416 Water rates and charges (Repealed by 638) 374 Handbills (Repealed by 1125) 417 Limiting number of volunteer firemen (Re- 375 (Obsolete) pealed by 754) 376 (Obsolete) 418 Calling special election (Special) 377 (Obsolete) 419 Blind pedestrians (Repealed by 754) 378 (Obsolete) 420 Tax levy for 1937 (Special) 379 Dog license (Repealed by 479) 421 LID 35 (Special) 380 (Repealed by 404) 422 LID 36 (Special) 381 (Repealed by 404) 423 LID 37 (Special) 382 (Obsolete) 424 Injury to town property (Repealed by 1125) 383 Salary of marshal (Repealed by 528) 425 LID 38 (Special) 384 (Obsolete) 426 Calling special election (Special) 385 (Obsolete) 427 LID 41 (Special) 386 (Obsolete) 428 Tax levy for 1938 (Obsolete) 387 Local improvement guarantee fund (Re- 429 LID 39 (Special) pealed by 1625) 430 LID 40 (Special) 388 (Obsolete) 431 LID 41 (Special) 389 (Obsolete) 432 Parking restrictions (Repealed by 754) 390 (Obsolete) 433 Repeals Ords. 4, 18, 22, 23, 29, 32, 50, 94, 391 Tax levy for 1931 (Special) 101, 151, 204, 210, 220, 237, 245, 264, 392 Repeals Ords. 143, 355, peddlers and 266, 287, 298, 344 (Repealer) hawkers (5.44) 434 Banners over streets (Superseded by stat- 393 Summer burning permits (Repealed by ute) 754) 435 Amends Ord. 379 (Repealed by 479) 394 Franchise for wharf (Expired) 436 Approving assessments LID 35 (Special) 395 Tax levy for 1932 (Special) 437 Franchise to Pacific Telephone and Tele- 396 Tax levy for 1933 (Special) graph (Expired 1948) 397 (Repealed by 591) 438 Approving assessments LID 35 (Special) 398 Repeals Ord. 346, beer licensing (Repealed 439 Calling special election (Special) by 754) 440 Changing McClure Street to Sweeney 399 Vacating portion of Dwight Street (Tables) Street (Special) 400 (Repealed by 401) 441 Approving assessments LID 36 (Special) 401 Repeals Ord. 400 (Repealer) 442 Approving assessments LID 37 (Special) 402 Calling special election (Special) 443 Approving assessments LID 38 (Special) 403 Tax levy 1934 (Special) 444 Approving assessments LID 41 (Special) 404 Repeals Ords. 361, 364, 380, 381 (Re- 445 Tax levy for 1939 (Special) pealed by 644) 446 Approving assessments LID 40 (Special) 405 Adds § 10A to Ord. 272, milk (Repealed by 447 LID 42 (Special) 754) 448 Approving assessments LID 39 (Special) 406 Amends § l0A to Ord. 272, milk (Repealed 449 Vacating portion of Austin Street (Tables) by 754) 450 LID 43 (Special) 407 Calling special election (Special) 451 LID 44 (Special) 408 LID 34 (Special) 452 LID 45 (Special) B-5 (Revised 8/98) Ordinance Table 453 Tax levy for 1940 (Special) 454 LID 46 (Special) 455 Approving assessments LID 45 (Special) 456 Approving assessments LID 46 (Special) 457 Approving assessments LID 42 (Special) 458 Vacating street in Wheeler's Add. (Re- pealed by 530) 459 Approving assessments LID 44 (Special) 460 Sound amplifying equipment on streets (5.48) 461 Fireworks (Repealed by 692) 462 Special election (Obsolete) 463 (Obsolete) 464 (Obsolete) 465 (Obsolete) 466 (Obsolete) 467 (Obsolete) 468 (Obsolete) 469 Sewer service rates (Repealed by 698) 470 (Obsolete) 471 Adopts RRS 6295 — 6859 incl., traffic (Re- pealed by 487) 472 (Obsolete) 472A (Repealed by 502) 473 (Obsolete) 474 (Obsolete) 475 (Obsolete) 476 (Obsolete) 476A (Repealed by 502) 477 (Obsolete) 478 Jukebox licenses (5.24) 479 Dog and cat licenses (Repealed by 693) 480 Card table licenses (Repealed by 854) 481 Repeals Ords. 292 and 368, garbage (Re- pealed by 647) 482 Adds § 12 to Ord. 469, sewers (Repealed by 698) 483 Calling special election on excess levy (Obsolete) 484 Appointing Ross Watt special attorney for town (Obsolete) 485 Purchase of parking meters (Special) 486 Blackout regulations (Repealed by 754) 487 Adopts RRS 6360-75 through 6360-132 for traffic (Repealed by 694) 488 Taxi stands (Repealed by 507) 489 Transfer of funds (Obsolete) 490 Parking meters (Repealed by 1047) 491 Tavern license (Repealed by 538) 492 Franchise to Puget Sound Power and Light Company (Expires 1968) (Repealed by 798) 493 Suspension of sewer charges (Repealed by 754) 494 (Repealed by 540) 495 (Repealed by 519) 496 State aid fund (Repealed by 519) 497 Repeals Ord. 271, curfew for minors (Re- pealed by 1125) 498 Repeals Ord. 289, duties, bond and com- pensation of clerk (Repealed by 754) 499 Repeals Ord. 289, duties, bond and com- pensation of attorney (Repealed by 754) 500 Transfer of funds (Obsolete) 501 Tax levy for 1944 (Obsolete) 502 Repeals Ords. 472-A and 476-A, licensing amusement devices (Repealed by 854) 503 Nomination of candidates for 1943 election (Repealed by 511) 504 Amends assessment roll of LID 48 (Obso- lete) 505 Street improvement LID 49 (Special) 506 Tax levy for 1945 (Obsolete) 507 Repeals Ord. 488, taxicab licenses (5.56) 508 Planning commission (Repealed by 521) 509 Authorizing sale of city property (Special) 510 Emergency expenditure for water system (Special -Obsolete) 511 Repeals Ord. 503, nomination of candi- dates for 1945 election (Obsolete -Repealed by 567) 512 Franchise to Port Orchard Traction Co. (Expired) 513 Expenditure for city expenses (Special -Ob- solete) 514 Tax levy for 1946 (Special -Obsolete) 515 Compensation of mayor and councilmen (Repealed by 745) 516 Library fund (Repealed by 754) 517 Authorizing sale of city property (Special) 518 Approving assessments for LID 49 (Spe- cial -Obsolete) 519 Repeals Ords. 495, 496 (Repealer) 520 Amends § 14 of Ord. 490, parking meters (Repealed by 1047) 521 Planning commission (2.20) 522 Amends § 5 of Ord. 505, street improve- ment (Special) 523 Vacating portions of certain streets and al- leys (Tables) (Revised 8/98) B-6 Port Orchard Municipal Code Ordinance Table 524 Pawnbrokers (Repealed by 1723) 556 Vacating portion of Harrison Street (Ta- 525 Licensing social clubs (Repealed by 754) bles) 526 Expenditure for park and school grounds 557 Approving assessments LID 51 (Special) (Special -Obsolete) 558 Amends §§ 2, 3 of Ord. 478, jukeboxes 527 Expenditure for street purposes (Special- (5.24) Obsolete) 559 Expenditure for city purposes (Special-Ob- 528 Appointment and salaries of city officers solete) and employees (Repealed by 745) 560 Street improvement LID 52 (Special) 529 Tax levy for 1947 (Special -Obsolete) 561 Harbor improvement fund (Repealed by 530 Repeals Ord. 458 vacates portion of certain 754) street (Tables) 562 Expenditure for harbor improvements 531 Town hall state development fund (Re- (Special -Obsolete) pealed by 754) 563 Budget and tax levy for 1950 (Special-Ob- 532 Amends § 1 of Ord. 528, salaries (Repealed solete) by 754) 563A Admission tax (Repealed by 609) 533 Amends §§ 2, 3, 11, 12, 13 of Ord. 528, sal- 564 Expenditure for street purposes (Special- aries (Repealed by 745) Obsolete) 534 Emergency expenditure for water purposes 565 Approving assessments for LID 52 created (Special -Obsolete) by Ord. 560 (Special) 535 Plumbing code (Repealed by 711) 566 Amends portions of Ord. 528, salaries (Re- 536 Building code (Repealed by 737) pealed by 580) 537 Amends §§ 2, 10(a) of Ord. 502, amuse- 567 Repeals Ord. 511, nomination of candi- ment licenses (Repealed by 571) dates in 1950 (Special -Obsolete) 538 Repeals Ord. 491, tavern license (Repealer) 568 Repeals Ord. 343, combining office of trea- 539 Expenditure for street purposes (Special- surer and clerk (Repealed by 754) Obsolete) 569 Advertising on parking meters franchise 540 Repeals Ord. 494, admission tax (Repealer) (Expired 1951) 541 Budget and tax levy for 1948 (Special-Ob- 570 Amends §§ 2, 3 of Ord. 341, amusement li- solete) censes (5.20) 542 Transfer of funds to town hall fund (Spe- 571 Amends §§ 1, 2, 4, 10 of Ord. 502, repeals cial-Obsolete) 537, amusement licenses (Repealed by 543 Signs and advertising structures (5.52) 854) 544 Expenditures for street, light and telephone 572 Expenditures for city expenses (Special - purposes (Special -Obsolete) Obsolete) 545 Repeals Ord. 344, voting precincts (Re- 573 Annexation (Special) pealed by 574) 574 Repeals Ord. 545, voting precincts (Re- 546 Sale of city property (Special) pealed by 594) 547 Sewer improvement LID 50 (Special) 575 Vagrancy (Repealed by 754) 548 Budget and tax levy for 1949 (Special-Ob- 576 Budget and tax levy for 1951 (Special -Ob- solete) solete) 549 Amends Ord. 528, salaries (Repealed by 577 Expenditure for city expenses (Special-Ob- 745) solete) 550 Plan for water extension purchase (Special) 578 Amends § 3 of Ord. 549, salary (Repealed 551 Expenditure for street purposes (Special) by 745) 552 Approving assessments for LID 50 (Spe- 579 Expenditure for city expenses (Special-Ob- cial) solete) 553 Park fund (Repealed by 1625) 580 Repeals Ord. 566, salaries (Repealed by 554 Repeals portion of § 5 of Ord. 469, sewer 593) permits (Repealed by 698) 581 Street improvement LID 1-51 (Special) 555 Street improvement, LID 51 (Special) 582 Water and sewer improvement LID 2-51 (Special) B-7 (Revised 8/98) Ordinance Table 583 Meat inspection (Repealed by 754) 584 Budget and tax levy for 1952 (Special -Ob- solete) 585 Trade stimulant licenses (Repealed by 854) 586 Expenditure for city expenses (Special -Ob- solete) 587 Street improvement LID 53 (Special) 588 Vacating portion of Sweany Street (Tables) 589 Water and sewer improvement LID 54 (Special) 590 Annexation of territory (Special) 591 Repeals Ord. 346, intoxicating liquor (Re- pealed by 1125) 592 Expenditure for truck and police car (Spe- cial -Obsolete) 593 Repeals Ord. 580, salaries (Repealed by 608) 594 Repeals Ord. 574, voting precincts (Re- pealed by 646) 595 Expenditure for harbor purposes (Special - Obsolete) 596 Expenditure for city expenses (Special -Ob- solete) 597 Changing names of certain streets (Special) 598 Amends § 9 of Ord. 528, salary (Repealed by 745) 599 Vacates portion of South Street (Tables) 600 Compensation of town attorney (Repealed by 745) 601 Water and sewer improvement LID 55 (Special) 602 Budget and tax levy for 1953 (Special -Ob- solete) 603 Adds § 17 to Ord. 502, amusement device licenses (Repealed by 854) 604 Expenditure for city expenses (Special -Ob- solete) 605 Parking restrictions, authority of police (Repealed by 754) 606 Amends § 1 of Ord. 598, salary (Repealed by 745) 607 Signs on street rights -of -way (15.16) 608 Repeals Ord. 593, salaries (Repealed by 615) 609 Repeals Ord. 563, admission tax (Repealed by 754) 610 Budget and tax levy for 1954 (Special) 611 Approving assessments LID 55 (Special) 612 Vacating portion of Hemlock Street (Ta- bles) 613 Expenditure for city expenses (Special) 614 Compensation of firemen (Repealed by 1710) 615 Repeals Ord. 608, salaries (Repealed by 619) 616 Expenditures for city expenses (Special) 617 Authorizing sale of city property (Special) 618 Budget and tax levy for 1955 (Special) 619 Repeals Ord. 615, salaries (Repealed by 622) 620 Approving plans for street improvement (Special) 621 Street improvement LID 56 (Special) 622 Repeals Ord. 619, salaries (Repealed by 625) 623 Budget and tax levy for 1956 (Special) 624 Approving assessments LID 56 (Special) 625 Repeals Ord. 622, salaries (Repealed by 640) 626 (Not passed or published) 627 Expenditure for police car (Special) 628 Expenditure for street equipment (Special) 629 Permit to wear police uniform or carry fire- arms (Repealed by 754) 630 Annexation (Special) 631 Expenditure for water system (Special) 632 Holidays, vacations and sick leave (Re- pealed by 715) 633 Budget and tax levy for 1957 (Special) 634 Annexation (Special) 635 Expenditure for city expenses (Special) 636 Vacating portion of street (Tables) 637 Prohibiting parking on Bay Street (Re- pealed by 1152) 638 Repeals Ord. 416, water rates and charges (Repealed by 667) 639 Adopting plans for water improvements, bond issue (Special) 640 Repeals Ord. 625, salaries (Repealed by 645) 641 Issuance of water revenue bonds, 1957 Se- ries A (Special) 642 Amending descriptions of property in Ords. 634 and 636, annexation and vacation (Ta- bles) 643 Annexation (Special) 644 Budget and tax levy for 1958 (Special) 645 Repeals Ord. 640, salaries (Repealed by 648) 646 Repeals Ord. 594, voting precincts (Re- pealed by 729) (Revised 8/98) B-8 Port Orchard Municipal Code Ordinance Table 647 Garbage collection and disposal; repeals 678 Plan for water improvement and bond issue Ord. 481 (Repealed by 1725) (Special) 648 Repeals Ord. 645, salaries (Repealed by 679 Amends §§ 10, 11, 13, 14 of Ord. 678 (Spe- 654) cial) 649 Franchise to Horluck Transportation Com- 680 Comprehensive plan (Not codified) pany (Repealed by 754) 681 Approving assessments for LID 57 (Spe- 650 Annexation (Special) cial) 651 Calling special election on excess levy 682 Dogs and other animals at large (Repealed (Special -Obsolete) by 1607) 652 Budget and tax levy for 1959 (Special-Ob- 683 Impounding dogs and other animals (Re- solete) pealed by 1607) 653 Water system expenditure (Special-Obso- 684 Budget and tax levy for 1962 (Special-Ob- lete) solete) 654 Repeals Ord. 648, salaries (Repealed by 685 Appointment of clerk and attorney (2.08) 658) 686 Vacating portion of Division Street (Ta- 655 Fire prevention code (Repealed by 1678) bles) 656 Annexation (Special) 687 Plan for sewer improvements (Special) 657 Annexation (Special) 688 Amends Ord. 659, repeals Ord. 677, sala- 658 Repeals Ord. 654, salaries (Repealed by ries (Repealed by 709) 659) 689 Franchise to Cascade Natural Gas Corpora- 659 Repeals Ord. 658, salaries (Repealed by tion (Expires 2012) (5.68) 745) 690 Issuance of 1962 sewer revenue bonds 660 Expenditures for city expenses (Special- (Special) Obsolete) 691 Annexation (Special) 661 Issuance of water revenue bonds 1957 se- 692 Fireworks (Repealed by 1706) ries B (Special) 693 Repeals Ord. 479, dog licenses (Repealed 662 Budget and tax levy for 1960 (Special-Ob- by 1607) solete) 694 Traffic regulations; repeals Ords. 310 and 663 Expenditure for city expenses (Special-Ob- 487 (Repealed by 1152) solete) 695 Sale of LID 57 bonds (Special) 664 Water improvement LID 57 (Repealed by 696 Sewer improvement LID 59 (Special) 665) 697 Sale of refunding bonds (Special) 665 Repeals Ord. 664 (Repealer) 698 Repeals Ord. 469, sewer regulations (Re- 666 Amends Ord. 659, salaries (Repealed by pealed by 1456) 745) 699 Annexation (Special) 667 Repeals Ord. 638, water rates and charges 700 Annexation (Special) (Repealed by 1456) 701 Vacating portion of street (Tables) 668 Annexation (Special) 702 Budget and tax levy for 1963 (Special-Ob- 669 Annexation (Special) solete) 670 Annexation (Special) 703 Business and occupation tax on telephone 671 Water improvement LID 57 (Special) companies (Repealed by 1180) 672 Annexation (Special) 704 Amends § 1 of Ord. 521, planning commis- 673 Street improvement LID 58 (Special) sion (2.20) 674 Budget and tax levy for 1961 (Special-Ob- 705 Business and occupation tax on electric solete) utilities (5.04) 675 Annexation (Special) 706 Approving assessments LID 59 (Special) 676 Expenditure for city expenses (Special-Ob- 707 Adds § 113 to Ord. 694, traffic (Repealed solete) by 1152) 677 Amends § 1 of Ord. 666, salaries (Repealed 708 Amends § 107 of Ord. 694, traffic (Re - by 688) pealed by 1152) B-9 (Revised 8/98) Ordinance Table 709 Amends § 1 of Ord. 666, repeals Ord. 688 739 Board of park commissioners (2.24) (Repealed by 723) 740 Repeals Ords. 10, 17 dangerous weapons 710 Plan for water improvement (Special) (Repealed by 1125) 711 Repeals Ord. 535, plumbing code (Re- 741 Adds § 18.4 to Ord. 720, mobile homes pealed by 490) (Repealed by 1615) 712 Street excavations (12.04) 742 Amends § 7 of Ord. 740, weapons (Re- 713 Issuance of 1963 Water Revenue Bonds pealed by 1125) (Special) 743 Calling special election on excess levy 714 Annexation (Special) (Special) 715 Holidays, vacations and sick leave (Re- 744 Budget and tax levy for 1966 (Special) pealed by 1467) 745 Repeals Ord. 723, salaries (Repealed by 716 Sewer improvements LID 60 (Specials) 777) 717 Amends §§ 1, 6 Ch. VI of Ord. 536, build- 746 Annexation (Special) ings (Repealed by 737) 747 License to Northwest Community Cable 717A Calling special election on excess levy T.V. Company, annual fee, Expires 1985 (Special -Obsolete) (Repealed by 821) 718 Amends § 27 of Ord. 698, sewers (Re- 748 Amends § 1G of Ord. 715, vacation, holi- pealed by 758) days (Repealed by 1467) 719 Zoning code (Not codified) 749 Calling special election on excess levy 720 Mobile home parks (Repealed by 1615) (Special) 721 Budget and tax levy for 1964 (Special-Ob- 750 Amends § 4 of Ord. 737, buildings (Re- solete) pealed by 1677) 722 Payroll fund and claims fund (3.04) 751 Sidewalk construction fund (Special) 723 Amends § 1 of Ord. 666, repeals Ord. 709, 752 Granting pipeline right to Standard Oil salaries (Repealed by 745) Company (Repealed by 752) 724 Special election on excess levy (Special- 753 Amends § 1 of Ord. 393, burning (Repealed Obsolete) by 1678) 725 Special election on excess levy (Special- 754 General definitions and penalty for code, Obsolete) repeals Ords. 3, 7, 8, 11, 12, 13, Division 1 726 Amends § 3 of Ord. 712, excavations § 4, Division 3 § 1 - 6, Division 4 § 2 of (12.04) Ords. 17, 25, 27, 28, 30, 34, 42, 90, 142, 727 Special election on excess tax levy (Spe- 188, 206, 259, 260, 272, 280, 291, 294, cial-Obsolete) 322, 330, 340, 345, 360, 367, 371, § 3 of 728 Amends Art. 11, § 1 of Ord. 711, plumbing 372, 393, 398, 406, 417, 419, 432, 486, §§ (Repealed by 1052) 2 and 3 of 490, 493, 498, 499, 516, 525, 729 Repeals Ord. 646, voting precincts (Re- 531, 532, 560, 568, 575, 583, 605, 609, pealed by 1657) 629, 649 (1.04) 730 Special election on excess levy (Special- 755 Council meetings (2.04) Obsolete) 756 Surety bonds (2.36) 731 Vacating portion of Water Street (Tables) 757 Amends § 1 (c) of 682, animals (Repealed 732 Budget and tax levy for 1965 (Special) by 1607) 733 Approving assessments LID 60 (Special) 758 Amends §§ 19, 20, 22, 24, 27 of Ord. 698 734 Electing participation in employees retire- and repeals 718, sewers (Repealed by ment system (2.32) 1456) 735 Amends § 3 of Ord. 712, excavations 759 City attorney (2.08) (12.04) 760 Vacating portion of Short Street (Tables) 736 Civil service commission (Repealed by 761 Sewer improvement LID 61 1570) 762 Amends Ord. 737, buildings (Repealed by 737 Repeals Ords. 536, 717, building code (Re- 927, 1677) pealed by 1677) 763 Amends § 2, 10(a) of Ord. 502, amusement 738 Sale of LID 60 bonds (Special) licenses (Repealed by 854) (Revised 8/98) B-10 Port Orchard Municipal Code Ordinance Table 764 Annexation (Special) 765 Approving assessments LID 61 (Special) 766 Special election on tax levy (Special) 767 Construction, maintenance of streets (Spe- cial) 768 Special election on tax levy (Special) 769 Adopts 1967 budget (Special -Expired) 770 Amends § 26 of Ord. 698, delinquent sew- age charges (Repealed by 1456) 771 Authorizes city clerk to combine city ser- vice charges (Not codified) 772 Adopts codification of ordinances (1.04) 773 Amends Div. 1, § 2 of Ord. 17, petit larceny (Repealed by 1125) 774 Repeals Ords. 314, 336 § 1, 342 § 1 and 356 § 1 (Repealer) 775 Amends § 107 of Ord. 694, schedule IV - secondary arterial (Repealed by 1152) 776 Prohibits parking in specified places (Re- pealed by 1152) 777 Establishes salary schedule, repeals Ord. 745 (Repealed by 793) 778 Time limit for parking on streets (Repealed by 1152) 779 Vacates portion of unnamed street (Tables) 780 Vacates portion of unnamed street (Tables) 781 Amends §§ 16 and 17 of Ord. 507, travel- ing rates; repeals §§ 16(part), 15A, 1513, 15C, 15D, 15E, 15F of Ord. 507 (5.56) 782 Creates traffic violations bureau (10.80) 783 Amends Ord. 694, traffic (Repealed by 1152) 784 Provides penalty for working without li- cense when required (Repealed by 1665) 785 Amends Div. 1, § I of Ord. 17, disorderly conduct (Repealed by 1125) 786 Amends Div. 1, § 6 of Ord. 17, disturbing the peace (Repealed by 1125) 787 Amends Art. III, § 1 of Ord. 711, plumbing permit fees (Repealed by 1052) 788 Amends § 1 of Ord. 737 and § 2 of Ord. 762, uniform building code (Repealed by 1677) 789 Empowers peace officers to close designat- ed areas during calamities (9.40) 790 Authorizes calling special election (Spe- cial) 791 Authorizes calling special election (Spe- cial) 792 Adopts 1968 budget (Special) 793 Adopts salary schedule, repeals Ord. 777 (Repealed by 813) 794 Amends § 1 (6) of Ord. 785, disorderly conduct (Repealed by 1125) 795 Additions and betterments to water system and provides for issuance of bonds (Spe- cial) 796 Designates snow route (10.66) 797 Establishes city library (2.26) 798 Franchise to Puget Sound Power & Light Company, repeals Ord. 492 (Expires 1993) (Repealed by 1357) 799 Additions, betterments to water system (Special) 800 Amends §§ 1, 3, 4, adds §§ 15.12.015, 15.12.090, 15.12.100 (Repealed by 1678, 1698) 801 Amends § IV of Ord. 667 and §§ 26, 31 of Ord. 698, sewer regulations (Repealed by 1456) 802 Amends § 2 of Ord. 693, dog license fee (Repealed by 1607) 803 Additions, betterments to water system, bonds (Special) 804 Sewer improvements LID 62 (Special) 805 Amends § 107 of Ord. 694, arterial streets (Repealed by 1152) 806 Additions, betterments to water system (Repealed by 823) 807 Water mains, fire hydrants LID 63 (Re- pealed by 813) 808 Prohibits sale, use of solvents containing toxic fumes (Repealed by 1565) 809 Adopts salary schedule, amends § 1 of Ord. 793 (Special) 810 Authorizes calling special election (Spe- cial) 811 Adopts 1969 budget (Special) 812 Amends Ord. 804, sewer improvement (Special) 813 Repeals Ord. 807, water mains, fire hy- drants (Special) 814 Establishes salary schedule, repeals Ord. 793 (Repealed by 843) 815 Authorizes calling special election (Spe- cial) 816 Amends §§ 1, 3, adds § 4 to Ord. 667, water rates (Repealed by 1456) 817 Amends §§ 19, 22, 24, 25, 26 of Ord. 698, sewer rates (Repealed by 1456) B-11 (Revised 8/98) Ordinance Table 818 Repeals § 4 of Ord. 737, Uniform Building Code (Repealed by 1677) 819 Amends § 99 of Ord. 694, adds § 10.40.070, traffic (Repealed by 1152) 820 Approves assessments, LID 63 (Special) 821 Cable television franchise, repeals Ord. 747 (5.72) 822 Volunteer firemen compensation (Re- pealed by 1710) 823 Additions, betterments to water system, bonds, repeals Ord. 803 (Special) 824 Food service establishment (Repealed by 1193) 825 Additions, betterments to waterworks sys- tem, bonds (Special) 826 Repeals § 4 of Ord. 813, LID 63 (Special) 827 Repeals Ord. 752, Standard Oil franchise (Repealer) 828 Amends § 1 of Ord. 720, mobile home, ve- hicle (Repealed by 1615) 829 Establishes LID 64, sewer lines (Special) 830 Annexation (Special) 831 Amends § 6 of Ord. 698, adds § 6.1 of Ord. 698, sewer connection (Repealed by 1456) 832 Establishes sewer construction fund (Spe- cial) 833 Acquisition of property (Special) 834 Approves assessments, LID 64 (Special) 835 Special election (Special) 836 Amends § 2 of Ord. 796, snow route (10.66) 837 Amends Ord. 830, annexation (Special) 838 Defines principal (1.04) 839 Adds Chapter 5.76, garbage collection franchise (5.76) 840 Amends § 107 of Ord. 694, arterial streets (Repealed by 1152) 841 Amends Ords. 823 and 825, water and sew- er revenue bonds (Special) 842 Tax levy for 1970 (Special) 843 Salary schedules for 1970, repeals Ord. 814 (Repealed by 870) 844 Advance travel expense revolving fund (3.08) 845 False fire alarm (Repealed by 1125) 846 Vacating portion of Kitsap Street (Tables) 847 Amends Ord. 647, garbage collection, rates and use of sanitary land fill (Repealed by 1725) 848 Expenditure of funds (Special) 849 Disposal of waste by fire (Repealed by 1709, 1725) 850 Vacating portion of Orchard Street (Ta- bles) 851 Sales or use tax (5.80) 852 Expenditure of funds (Special) 853 Transfer of funds (Special) 854 Repeals Ords. 480, 502, 571, 603 and 763, licensing of card tables, amusement ma- chines and devices and trade stimulants (Repealer) 855 Water and sewer business and occupation tax (5.84) 856 Establishes LID 65 (Special) 857 Lists and defines positions within police department (2.16) 858 Amends building code, marquee installa- tion under LID (Repealed by 927) 859 Assessment for LID 64 (Special) 860 Amends Ord. 842, expenditure of funds (Special) 861 Street vacation, effective when (12.08) 862 Amends § 17.04.050, mobile home defined (Repealed by 1615) 863 Vacating portion of Old Hemlock Street (Tables) 864 LID 64 bonds (Special) 865 Ad valorem tax (Special) 866 Transfer of funds (Special) 867 Amends § 6.04.060, garbage can weight (Repealed by 1725) 868 Appropriation of funds (Special) 869 Budget for 1971 (Special) 870 Salary schedule for 1971, repeals 843 (Re- pealed by 890) 871 Filing fee for classification of land (5.88) 872 Appropriation of funds (Special) 873 Amends §§ 2.28.010, 2.28.030, 2.28.040, 2.28.050, 2.28.060, 2.28.090 and 2.28.100, vacations and sick leave (Repealed by 1467) 874 Warrant issuance (Special) 875 LID 65 assessment (Special) 876 Amends § 15.04.010, building code (Re- pealed by 1677) 877 Amends § 5.72.010, cable TV (5.72) 878 Amends § 5.60.040, fireworks (Repealed by 1706) 879 Emergency appropriation (Special) 880 Repeals § 17.40.050, 17.40.060 and 17.40.070, refuse (Repealer) (Revised 8/98) B-12 Port Orchard Municipal Code Ordinance Table 881 Amends § 5.56.230, taxi rates (5.56) 7.12.060, adds §§ 7.04.115, 7.04.125, 882 Amends § 10.20.060, speed limits (Re- 7.04.150, 7.08.100, 7.08.120, 7.12.090, pealed by 1152) 7.12.100, 7.12.110, 7.12.120 and 7.12.130, 883 Adds Chapter 5.92, amusement games animals (Repealed by 1607) (5.92) 908 Street vacation (Special) 884 Ad valorem tax (Special) 909 Bond issue (Special) 885 Amends § 10.20.060, speed limit (Re- 910 Foreclosure on delinquent payments of lo- pealed by 1152) cal improvement districts (Special) 886 Amends § 12.08.010, street vacation 911 Amends § 29 of Ord. 698, sewer regula- (12.08) tions (Repealed by 1456) 887 Vacating portion of Sweany Street (Tables) 912 Amends § 2 of Ord. 647, garbage collection 888 Adds § 3.04.050, emergency employment and disposal (Repealed by 1725) act fund (Repealed by 1625) 913 Street vacation 889 Budget for 1972 (Special) 914 Amends § 2.28.060, sick leave for city per- 890 Salary schedule for 1972, repeals Ord. 870 sonnel (Repealed by 1467) (Repealed by 903) 915 Amends Ord. 901, 1973 budget (Special) 891 Amends § 6.04.240, garbage collection 916 Amends § 15.04.040, building exit require - schedule (Repealed by 1725) ments (Repealed by 1677) 892 Amends § 9.04.030, disorderly conduct 917 Amends § 15.12.010, fire code (Repealed (Repealed by 1125) by 1678) 892A Appropriations (Special) 918 Amends § 10.68.080, parking meters (Re- 893 Amends § 15.04.010; adds § 15.04.040; re- pealed by 1047) peals § 15.04.030, building code (Repealed 919 Appointment of city treasurer, clerk and at - by 1677) torney (2.08) 894 Amends §§ 15.12.010, 15.12.020, 920 Annexation (Special) 15.12.030, 15.12.060 — 15.12.100 Uniform 921 Amends §§ 2.12.010 and 2.12.030, fire de - Fire Code (Repealed by 1638, 1678) partment; repeals § 2.12.050 (Repealed by 895 Adopts comprehensive plan (1.12) 1710) 896 Amends § 9.04.030, disorderly conduct 922 Street vacation (Special) (Repealed by 1125) 923 Ad valorem tax levy for 1974 (Special) 897 LID 65 bonds (Special) 924 Annexation (Special) 898 Amends Ord. 897, LID 65 bonds (Special) 925 Budget for 1974 (Special) 899 Ad valorem tax (Special) 926 Business and occupation tax for garbage 899 (8/28/72) Zoning (Repealed by 1469) utility (5.78) 900 Amends §§ 15.12.010, 15.12.020, 927 Amends § 15.04.010, building code; re- 15.12.030, 15.12.060—15.12.100, Uniform peals §§ 15.04.020 and 15.04.025 (Re - Fire Code (Repealed by 1678) pealed by 1677) 901 Budget for 1973 (Special) 928 Amends §§ 15.12.010, 15.12.040 and 902 Emergency warrants to arterial street fund 15.04.050, fire code; repeals § 15.12.015 (Special) (Repealed by 1678) 903 Salary schedule for city employees for 929 Authorizes entry into intermunicipality sol- 1973; repeals Ord. 890 (Special) id waste agreement (Not codified) 904 Federal shared revenue fund (Repealed by 930 Annexation (Special) 1625) 931 Amends § 108 of Ord. 694, parking (Re- 905 Revenue appropriation (Special) pealed by 1152) 906 Amends § 4 of Ord. 737, fire zones (Re- 932 Motor vehicle intoxication fund (Repealed pealed by 1677) by 1219) 907 Amends §§ 7.04.030, 7.04.050, 7.04.080, 933 Street vacations (Tables) 7.04.090, 7.04.110, 7.04.130, 7.08.010, 934 Bond issue (Special) 7.08.020, 7.08.030, 7.08.050, 7.08.060, 935 Street vacation (Tables) 7.08.070, 7.12.010, 7.12.020, 7.12.030 and 936 Street vacation (Tables) B-13 (Revised 8/98) Ordinance Table 937 1975 tax levy (Special) 938 Number not used 939 Amends Ord. 937, tax levy (Special) 940 Street vacation (Tables) 941 Street vacation (Tables) 942 Budget for 1975 (Special) 943 Adds § 112 to Ord. 694, traffic (Repealed by 1152) 944 Amends 1974 budget (Special) 945 Contingency fund created, fund transfers (Not codified) 946 Amends § 13.04.010, water rates (Repealed by 1456) 947 Amends §§ 13.08.190 and 13.08.250, sew- er rates and connections (Repealed by 1456) 948 General obligation bond fund (Repealed by 1673) 949 Registration of buildings in business zones or Class 2 fire zones (Repealed by 1665) 950 Amends fire zones (Repealed by 1677) 951 Short plats and subdivisions (Repealed by 1619) 952 Affirmative action plan (2.40) 953 Special election (Special) 954 Cumulative reserve fund for street capital improvements (Repealed by 1625) 955 Bond issue (Special) 956 Tax levy (Special) 957 Alley vacation (Tables) 958 Annexation (Special) 959 Amends §§ 7.04.020 and 7.08.060, animals (Repealed by 1619) 960 Amends § 1 of Ord. 949, building use reg- istration (Repealed by 1665) 961 Amends § 5.08.030, telephone business tax (Repealed by 1180) 962 Amends §§ 5.04.050 and 5.04.060, electric light business tax (5.04) 963 Tax levy (Special) 964 Budget for 1975 (Special) 965 Salary schedule (Special) 966 Amends § 2.28.040, holidays (Repealed by 1467) 967 Amends Ord. 961, 1976 budget (Special) 968 Alley vacation (Tables) 969 Bonds (Repealed by 1673) 970 Street vacation (Tables) 971 Street vacation (Tables) 972 Alley vacation (Tables) 973 Leasehold excise tax (3.16) 974 Amends § 2.12.010, fire chief (Repealed by 1710) 975 Amends § 3 of Ord. 694, parking (Repealed by 1152) 976 Water pipeline property easement (Special) 977 Annexation (Special) 978 Amends § 1 of Ord. 773, petit larceny (Re- pealed by 1125) 979 Amends § 5 of Ord. 490, parking (Repealed by 1047) 980 Amends § 1 of Ord. 918, parking (Repealed by 1047) 981 Amends § 3 of Ord. 873, § 1 of Ord. 798, § 1 of Ord. 715, holidays (Repealed by 1467) 982 Tree removal (6.12) 983 State environmental regulations (Repealed by 1288) 984 Street numbering (15.24) 985 Levy (Special) 986 Adds MF-20 district to comprehensive zoning plan (Repealed by 1469) 987 Adds GB district to comprehensive zoning plan (Repealed by 1469) 988 Adds OS district to comprehensive zoning plan (Repealed by 1469) 990 Amends 1976 budget (Special) 991 Creates public works employment act of 1976 fund (Repealed by 1625) 992 Tax levy (Special) 993 Salaries (Special) 994 Budget for 1977 (Special) 995 Salaries (Special) 996 Annexation (Special) 997 Amends § 15.04.010, Uniform Building Code (Repealed by 1677) 998 Amends § 15.12.010, Uniform Fire Code (Repealed by 1557, 1678) 999 Fire hydrant installation (Repealed by 1141) 1000 (Rescinded) 1001 Amends Ord. 694 § 111, parking (Repealed by 1152) 1002 Street vacation (Special) 1003 Street vacation (Special) 1004 Amends § 13.04.010, water rates (Repealed by 1456) 1005 Amends Ord. 694 § 111, parking (Repealed by 1152) 1006 Amends Ord. 899 Ch. 3, zoning (Repealed by 1469) (Revised 8/98) B-14 Port Orchard Municipal Code Ordinance Table 1007 Amends §§ 17.04.040 and 17.04.050, mo- 1040 Amends § 10.68,090, parking meter cita- bile home (Repealed by 1615) tion (Repealed by 1054) 1008 Adds to Ord. 899, zoning (Repealed by 1040A Appropriation (Special) 1469) 1041 Appropriation (Special) 1009 Creates fire truck special levy fund and am- 1042 Authorizes expenditure (Special) bulance special levy fund (Repealed by 1043 Amends § 13.04.010, water rates (Repealed 1625) by 1456) 1010 Rewards for information about municipal 1044 Amends § 13.08.250, sewer connections property offenses (9.48) (Repealed by 1456) 1011 Adds § 7.04.105, keeping of certain ani- 1045 Rezone (Special) mals (Repealed by 1607) 1046 Amends § 1 of Ord. 997, Uniform Building 1012 Amends § 10.68.090, parking citations Code (Repealed by 1677) (Repealed by 1047) 1047 Parking meters; repeals Ords. 490 §§ 1, 4, 1013 Special election (Special) 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14, 520 § 1, 1014 City clerk designated as auditing clerk (Re- 694 §§ 85 and 112, 918 § 1, 979 § 1 and 980 pealed by 1489) § 1 (Repealed by 1391) 1015 Establishes mileage allowance for city em- 1048 Salary schedule (Not codified) ployees (Repealed by 1664) 1049 Amends Ord. 899, zoning (Repealed by 1016 Special election (Special) 1469) 1017 1978 property tax levy (Special) 1050 Rezone (Special) 1018 Amends § 13.04.010, water rates (Repealed 1051 Parking and loading requirements (Not by 1456) codified) 1019 Amends § 13.08.250, future sewer connec- 1052 Repeals and replaces Ch. 15.08, Uniform tions (Repealed by 1456) Plumbing Code (Repealed by 1343) 1020 Amends Ord. 1006, zoning (Repealed by 1053 Rezone (Special) 1469) 1054 Amends §§ 3, 6, 7 and 8 of Ord. 1047, park- 1021 Creates water main construction fund (Re- ing meters; repeals § 10.16.060, 10.16.070 pealed by 1625) and 10.48.010 through 10.48.250 and Ords. 1022 Waterworks improvements (Special) 694 §§ 17, 18 and 49 through 62, and 1040 1023 Creates water storage construction fund (Repealed by 1391 and 1415) (Repealed by 1625) 1055 Amends §§ 7.12.020 and 7.12.030, dog li- 1024 Funds appropriation and expenditure (Spe- censes (Repealed by 1375) cial) 1056 Amends § 2.08.010, appointment of certain 1025 Funds appropriation and transfer (Special) city officers (2.08) 1026 Funds appropriation (Special) 1057 Salaries for supervisors (Not codified) 1027 Funds appropriation and transfer (Special) 1058 Adds § 111 to Ord. 694, parking (Repealed 1028 1978 budget; additional property tax levy by 1152) (Special) 1059 Amends § 7.12.100, dogs and cats (Re- 1029 Hourly wage increase for nonunion em- pealed by 1607) ployees (Not codified) 1060 Rezone (Special) 1030 Appropriation (Special) 1061 Special election (Special) 1031 (Number not used) 1062 Amends § 7.08.080, animal redemption 1032 Amends Ch. 10 of Ord. 899, zoning (Re- (Repealed by 1607) pealed by 1469) 1063 Amends § 10.64.110, parking (Repealed by 1033 Rezone (Special) 1152) 1034 Rezone (Special) 1064 Amends § 10.64.110, parking (Repealed by 1035 Rezone (Special) 1152) 1036 Rezone (Special) 1065 Amends § 13.08.270, utility connection 1037 Rezone (Special) charges (Repealed by 1456) 1038 Rezone (Special) 1066 Amends § 10.28.040, one-way streets (Re- 1039 Rezone (Special) pealed by 1152) B-15 (Revised 8/98) Ordinance Table 1067 Annexation (Special) 1068 Amends § 5 of Ord. 737, building height (Repealed by 1677) 1069 Amends § 10.64.110, parking (Repealed by 1152) 1070 Amends § 13.04.030, water charges; re- peals § 13.04.040 (Repealed by 1456) 1071 Appropriation (Special) 1072 Tax levy (Special) 1073 Amends § 13.08.260, sewage system charges (Repealed by 1456) 1074 Amends § 13.04.010, water rates (Repealed by 1456) 1075 Amends §§ 13.08.190, 13.08.220 and 13.08.250 sewer rates (Repealed by 1456) 1076 Amends § 15.04.040, building code (Re- pealed by 1677) 1077 Budget for 1979 (Special) 1078 Amends § 10.76.110, traffic (Repealed by 1152) 1079 Budget (Special) 1080 Appropriation (Special) 1081 (Not passed) 1082 Annexation (Special) 1083 Rezone (Special) 1084 Establishes weight limits for certain vehi- cles (10.62) 1085 Amends § 2.12.030, firemen compensation (2.12) 1086 Gambling regulations; repeals Chs. 5.28, 5.32 and 5.93 (5.28) 1087 Amends Ord. 1051 §§ 5, 7, 12, 14 and 23, parking and loading (Repealed by 1510) 1088 Amends Ord. 983 §§ 17 and 19, fees; and adds new fee schedule (Repealed by 1288) 1089 Creates police reserves fund (3.32) 1090 Reclassification of certain property (Spe- cial) 1091 Reclassification of certain property (Spe- cial) 1092 City employee salary schedules (Not codi- fied) 1093 Rezone (Special) 1094 Amends § 10.64.080, prohibited parking (Repealed by 1152) 1095 Annexation (Special) 1096 Adds Ch. 5.32, circuses and carnivals (5.32) 1097 Appropriation (Special) 1098 Adds Ch. 15.32, surface water drainage (15.32) 1099 Rezone (Special) 1100 Rezone (Special) 1101 Adopts 1979 budget for federal shared rev- enue fund (Special) 1102 Rezone (Special) 1103 Amends Ord. 993, compensation for coun- cilmen (Special) 1104 Amends § 2.28.050, vacation leave (Re- pealed by 1469) 1105 Amends § 13.04.010, water rates (Repealed by 1456) 1106 Amends §§ 13.08.190, 13.08.220 and 13.08.250, sewers (Repealed by 1456) 1107 Amends Ord. 899 and 1008, zoning (Re- pealed by 1469) 1108 Amends §§ 15.12.010, 15.12.030, 15.12.040, deletes § 15.12.090, fire code (Repealed by 1678) 1109 Adopts state statutes pertaining to driving while under the influence of alcohol; re- peals § 2 of Ord. 819 (Repealed by 1152) 1110 Obstructing officer and resisting arrest (Re- pealed by 1125) 1111 Amends Ch. 15.12, fire prevention (Re- pealed by 1698) 1112 Fixes ad valorem taxes for 1980 (Special) 1113 Creates cumulative reserve fund for water - sewer capital outlay, debt service and maintenance and operation (3.36) 1114 Amends § 15.04.010, Uniform Building Code (Repealed by 1677) 1115 Amends Ords. 899, 1008 and 1117, zoning (Repealed by 1469) 1116 Adds §§ 9.12.030 and 9.12.040, sale of malt beverages (Not codified) 1117 Annexation (Special) 1118 Amends § 10.64.110 parking (Repealed by 1152) 1119 Creates joint sewer treatment facilities fund (Repealed by 1625) 1120 Budget for 1980 (Special) 1121 Establishes municipal court (Repealed by 1184) 1122 Adopts 1980 budgetary distribution for the expenditure of federal shared revenue funds (Special) 1123 Appropriation (Special) 1124 Salary schedule for mayor (Special) 1124A Employee salary schedule (Special) (Revised 8/98) B-16 Port Orchard Municipal Code Ordinance Table 1125 Repeals Chs. 9.04, 9.08, 9.12, 9.20, 9.24, 9.28, 9.32, 9.36, 9.44 and adds new materi- al to Title 9 (Repealed by 1565) 1125A Amends § 10.64.140, parking (Repealed by 1152) 1126 Rezone (Special) 1127 Cumulative reserve fund for municipal fa- cilities (3.44) 1128 Amends Ord. 1125 § 2, criminal code (Re- pealed by 1565) 1129 Amends §§ 2.20.010, 2.24.020 and 2.26.020, commission or board residency requirements (2.20, 2.24, 2.26) 1130 Amends § 12.08.010, street vacations (12.08) 1131 Amends § 10.64.110, parking (Repealed by 1152) 1132 Amends Ord. 1067, annexation (Special) 1133 Amends § 7.04.105, animals (Repealed by 1607) 1134 Appropriation (Special) 1135 Mileage allowance for city employees (Re- pealed by 1664) 1136 Appropriation (Special) 1137 Amends 1980 federal shared revenue fund budget (Special) 1138 Special election for tax levy (Special) 1139 Adds § 10.64.160, parking (Not codified) 1140 Appropriation (Special) 1141 Adds Ch. 15.28, fire hydrants; repeals Ord. 999 § § 1 through 13 (Repealed by 1699) 1142 1981 ad valorem taxes (Special) 1143 Adds § 10.64.170, parking (Repealed by 1391) 1144 Amends § 10.64.130, parking (Repealed by 1152) 1145 Rezone (Repealed by 1151) 1146 Rezone (Special) 1147 Rezone (Special) 1148 Rezone (Special) 1149 Rezone (Special) 1150 Repeals §§ 9.16.010, 9.16.020, 9.16.030 and 9.16.040 (Repealer) 1151 Rezone; repeals Ord. 1145 (Special) 1 152 Adopts Model Traffic Ordinance; repeals Ords. 637, 694, 707, 775, 776 § 1, 778, 783, 805, 819 § 1, 840, 882, 885 § 1, 931, 943, 975, 1001, 1005, 1058, 1063, 1064, 1066, 1069, 1078, 1094, 1109, 1118, 1125 and 1131 (10.08) 1153 Budget and tax levy for 1981 (Special) 1154 Appropriation (Special) 1155 Emergency medical services six -year spe- cial levy fund (3.48) 1156 Amends Ord. 1143, parking time limit on DeKalb Street (Repealed by 1391) 1157 Amends § 10 of Ord. 1152, increase in speed limit (10.08) 1158 Requires commercial enterprises to con- struct frontage roads (Repealed by 1422) 1159 Rezone (Special) 1160 Amends § 7.08.060, redemption of dogs (Repealed by 1607) 1161 Creates Chapter 9.53, incarceration and de- tention (9.53) 1162 Rezone (Special) 1163 Amends comprehensive zoning plan (Re- pealed by 1469) 1164 Amends § 8 of Ord. 1047 and § 5 of Ord. 1054, parking meters (Repealed by 1391) 1165 Councilmen's salaries (Special) 1166 Amends § 10.12.020, prohibited parking (Repealed by 1391) 1167 Amends § 10.08.010, decreased speed lim- its (10.08) 1168 Rezone (Special) 1169 Rezone (Special) 1170 Amends Ord. 1084, weight limits on cer- tain streets (10.62) 1171 Privately owned alarm systems (9.22) 1172 Amends § 10.08.020, increased speed lim- its (10.08) 1173 Employee salary schedule (Special) 1174 Rezone (Special) 1175 Appropriations (Special) 1175A Rezone (Special) 1176 Amends § 2.28.040, holidays (Repealed by 1467) 1177 1982 ad valorem taxes (Special) 1178 (Number not used) 1179 Amends § 10.68.040, parking space mark- ings (Repealed by 1391) 1180 Telephone utility business and occupation tax; repeals Ords. 703 and 961 (5.08) 1181 (Not codified) 1182 Annexation (Special) 1183 Budget for 1982 (Special) 1184 Establishes municipal court; repeals Ord. 1121 (2.52) 1185 Budget amendment (Special) 1186 Transient occupancy excise tax (3.18) 1187 Appropriation (Special) B-17 (Revised 8/98) 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 (Special) 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 (5.08) 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 (Special) 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 (Special) 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 (Pending) 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, taxi- cabs (5.56) 1227 Amends Ord. 1181, housing authority (Not codified) 1228 Amends § 5.56.230, taxicabs (5.56) 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 (5.56) 1236 Annexation (Special) 1239 Alley vacation (Special) 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) 1250 Amends §§ 13.08.190 and 13.08.220, sew- ers (Repealed by 1456) 1251 Amends 1983 budget (Special) (Revised 8/98) B-18 Port Orchard Municipal Code Ordinance Table 1252 (Not passed) 1253 Budget for 1984 (Special) 1254 Community events fund (3.56) 1255 Abolishes police reserve fund (Repealer) 1256 Condemnation of parcels of land for con- struction of bypass (Special) 1257 Amends § 10.08.020, speed limits (10.08) 1258 Amends 1983 budget (Special) 1259 (Not passed) 1260 (Not passed) 1261 Condemnation of parcels of land for con- struction of bypass (Special) 1262 Rezone (Special) 1263 Amends Ord. 1237, utility LID No. 1 (Re- pealed by 1268) 1264 Waterworks utility bond issuance (Special) 1265 Registration of bonds, obligations (Not codified) 1266 Condemnation of parcels of land for con- struction of bypass (Special) 1267 Amends § 2 of Ord. 1264, bond issuance (Special) 1268 Amends Ord. 1237; repeals Ord. 1263, util- ity LID No. 1 (Special) 1269 Funds transfer (Special) 1270 Salary schedule for employees (Not codi- fied) 1271 Amends § 3.08.010, advance travel ex- pense revolving fund (3.08) 1272 Authorizes contract for loan to city (Spe- cial) 1273 Creates state land purchase trust fund (Re- pealed by 1625) 1274 Condemnation of parcels of land for con- struction of bypass (Special) 1275 Amends § 15.28.090, fire hydrants (Re- pealed by 1699) 1276 Installation and inspection of mobile homes (15.36) 1277 Master permit for Fathoms of Fun Festival (Repealed by 1460) 1278 Adds §§ 15.12.130 and 15.12.140; amends § 15.12.120, fire prevention code (Re- pealed by 1698) 1279 Rezone (Special) 1280 Rezone (Special) 1281 Rezone (Special) 1282 Rezone (Special) 1283 Authorizes mayor to sign interlocal agree- ment (Special) 1284 Amends 1984 budget (Special) 1285 Annexation (Special) 1286 By-pass debt reserve fund (Repealed by 1695) 1287 Appropriation (Special) 1288 State Environmental Policy Act; repeals Ords. 983 and 1088 (Repealed by 1568) 1289 Tax levy (Special) 1290 Appropriation (Special) 1291 Rezone (Special) 1292 Domestic violence protection; amends § 9.02.040, public peace, morals and safety (Repealed by 1565) 1293 (Denied) 1294 Amends §§ 13.08.190 and 13.08.220, sew- ers (Repealed by 1456) 1295 Annexation (Special) 1296 (Not passed) 1297 (Not passed) 1298 (Not passed) 1299 Budget for 1985 (Special) 1300 Amends 1984 budget (Special) 1301 (Not used) 1302 Amends Ch. 6 of Ord. 899, zoning (Re- pealed by 1469) 1303 Amends § 10.12.040, parking (Repealed by 1391) 1304 Amends § 2.12.030, volunteer fire depart- ment (2.12) 1305 Amends § 10.12.020, parking (Repealed by 1391) 1306 Rezone (Repealed by 1548) 1307 Rezone (Special) 1308 Annexation (Repealed by 1332) 1309 Civil service commission for fire depart- ment (Repealed by 1570) 1310 Rezone (Special) 1311 Amends § 16 of Ord. 1163, zoning (Re- pealed by 1469) 1312 Enforcement of zoning ordinance (Re- pealed by 1469) 1313 Keeping of disorderly houses (Repealed by 1507) 1314 City employee salary schedule changes (Special) 1315 Maintenance of sidewalks (12.12) 1316 Amends § 15.08.020, Uniform Plumbing Code (Repealed by 1343) 1317 Amends § 15.04.010 and amends portions of Uniform Building Code and Uniform Building Security Code (Repealed by 1450) B-19 (Revised 8/98) Ordinance Table 1318 Amends § 15.12.010, Uniform Fire Code (Repealed by 1557, 1678) 1319 Emergency water use (Repealed by 1456) 1320 Incarceration charges (9.54) 1321 Ad valorem taxes (Special) 1322 Amends § 7.12.100, dogs and cats (Re- pealed by 1607) 1323 Amends § 18(A)(2) Ord. 1163, zoning (Re- pealed by 1469) 1324 Amends § D of Ord. 1210, unlawful issu- ance of bank check (Repealed by 1565) 1325 Fire lanes established (Repealed by 1705) 1326 Amends Ord. 895, comprehensive plan re- zone (Not codified) 1327 Rezone (Special) 1328 Water -sewer equipment replacement fund (3.68) 1329 Budget for 1986 (Special) 1330 Budget amendment (Special) 1331 Rezone (Special) 1332 Repeals Ord. 1308, annexation (Repealer) 1333 Amends § 10.08.020, speed limit (10.08) 1334 Waterworks plan adoption and funding (Special) 1335 Mobile home parks (Repealed by 1615) 1336 County -city emergency services; repeals Joint Resolution No. 72-1973 (2.56) 1337 Energy code (Repealed by 1475) 1338 Repeals and replaces § 9.28.060, shoplift- ing (Repealed by 1565) 1339 Rezone (Special) 1340 Rezone (Special) 1341 Rezone (Special) 1342 Animals (Repealed by 1607) 1343 Uniform Plumbing Code; repeals Ords. 1052 and 1316 (Repealed by 1451) 1344 Transfer of funds (Special) 1345 Rezone (Special) 1346 Transfer of funds (Special) 1347 Water system cross -connections (Repealed by 1456) 1348 (No action) 1349 (No action) 1350 Tax levy election (Special) 1351 Amends §§ 4, 7 and 11 of Ord. 1163 and Chs. 3 and 4 of Ord 899, zoning (Repealed by 1469) 1352 Salary schedule (Special) 1353 Amends § 9.16.010, assault (Repealed by 1565) 1354 Adopts certain RCW sections relating to regulation and safe operation of boats (Re- pealed by 1565) 1355 Parking regulations (Repealed by 1378, 1391, and 1415) 1356 Amends § 10.12.040, parking time limited on certain streets (Repealed by 1650) 1357 Repeals and replaces Ch. 5.64, franchise grant to Puget Sound Power and Light Company (5.64) 1358 Amends § 10.12.020, parking regulations (Repealed by 1391) 1359 Budget amendment (Special) 1360 Amends § 10.12.010, parking regulations (Repealed by 1391) 1361 Ad valorem taxes (Special) 1362 Subdivisions (Repealed by 1619) 1363 Amends Ord. 875, comprehensive plan (Not codified) 1364 Special investigative unit fund (3.72) 1365 Special investigative imprest fund (3.76) 1366 Budget amendment (Special) 1367 Amends Chs. 3, 4 and 5 of Ord. 899, Ch. 4 of Ord. 986, § § 4, 5, 9, 10, 14 and 25 of Ord. 1163, § 3 of Ord. 1124 and § 1 of Ord 1351, zoning (Repealed by 1469) 1368 Budget for 1987 (Special) 1369 Rezone (Special) 1370 Appropriations (Special) 1371 Amends § 13.08.190, sewers (Repealed by 1456) 1372 Assessment (Special) 1373 Safety belt law (Repealed by 1565) 1374 Annexation (Special) 1375 Dog license; repeals §§ 2, 3, 4, 6 and 7 of Ord. 693, § 1 of Ord. 802 and § § 19, 20, and 21 of Ord. 907 (Repealed by 1607) 1376 Flood damage prevention (Repealed by 1439) 1377 Amends § 10.08.020, speed limits (10.08) 1378 Parking lots; repeals § 10.12.035 (Repealed by 1384) 1379 Amends § 15.04.010, building code (Re- pealed by 1450) 1380 Amends § 10.12.020, parking (Repealed by 1415) 1381 Residential parking permit (Repealed by 1427) 1382 Alley vacation (Special) 1383 Kitsap County consolidated housing au- thority (Not codified) (Revised 8/98) B-20 Port Orchard Municipal Code Ordinance Table 1384 Parking lots; repeals § 10.12.035 (Repealed by 1650) 1385 Sewer, water extension reimbursement (Special) 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 misde- meanor (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 (10.72) 1410 Amends comprehensive plan (Special) 1411 Civil service exemptions (Not codified) 1412 (Number not used) 1413 Street vacation (Special) 1414 Street vacation (Special) 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 (Special) 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 (Special) 1448 Rezone (Special) 1449 Admissions tax (5.22) 1450 Uniform Building Code; repeals Ords. 1317 and 1379 (Repealed by 1555) 1451 Uniform Plumbing Code; repeals Ord. 1343 (Repealed by 1556) B-21 (Revised 8/98) Ordinance Table 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 (9.44) 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 (Special) 1463 Commercial activity prohibited on city - owned docks and piers (Repealed by 1590) 1464 Cable television franchise (5.72) 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 (2.28) 1468 Rezone (Special) 1469 Zoning; repeals Ords. 899, 986, 987, 988, 1163, 1194, 1214, 1302, 1312, 1323, 1351, 1367 and 1393 (15.40) 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 (Special) 1483 Budget amendment (Special) 1484 Alley vacation (Special) 1485 Plat vacation (Special) 1486 Street vacation (Special) 1487 Rezone (Special) 1488 Rezone (Special) 1489 Designates deputy city clerk as auditing of- ficer; repeals Ord. 1014 (2.44) 1490 Street vacation (Special) 1491 Authorizes special election (Special) 1492 Amends §§ 4 and 6.1(13)(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 (Not codified) 1509 Amends Ch. 17 of Ord. 1469, zoning (Not codified) 1510 Repeals Ords. 1087 and 1051 §§ 4, 7, 12, 14 and 23 (Repealer) 1511 Rezone (Special) 1512 Transfers bypass fund to cumulative re- serve fund (Repealed by 1695) 1513 Vacating public right-of-way procedures (16.04) 1514 Amends Ch. 5 of Ord. 1469, zoning (Not codified) 1515 Imposes real estate excise tax, repeals Ord. 1208 (3.52) 1516 Amends Ch. 13 of Ord. 1469, zoning (Not codified) 1517 Adopts state energy and indoor air quality codes, repeals Ord. 1475 (Repealed by 1637) 1518 Street vacation (Special) 1519 Alley vacation (Special) 1520 Obstructing public officer (Repealed by 1565) (Revised 8/98) B-22 Port Orchard Municipal Code Ordinance Table 1521 Giving false information regarding pur- 1556 Uniform Plumbing Code; repeals Ord. chase or licensing of firearms (Repealed by 1451 (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 (Special) 9.04.020 - 9.04.100, 9.04.105, 9.04.110 - 1531 Street vacation (Special) 9.04.230, 9.08.010 - 9.08.130, 9.10.010 - 1532 (Pending) 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 1547 Vacation of sewer easement (Special) Ord. 1292, § 1 of Ord. 1324, §§ 1 - 5 of 1548 Rescinds zone classification; repeals Ords. Ord. 1338, §§ 1, 2 of Ord. 1353, § 1 of Ord. 1306 and 1426 (Repealer) 1354, §§ 1, 2 of Ord. 1373, § 1 of Ord. 1549 Water and sewers; repeals Ord. 1493 (Re- 1394, § 1 of Ord. 1398, §§ 1 - 4 of Ord. pealed by 1608) 1430, §§ 2 - 4 of Ord. 1507, § 1 of Ord. 1550 Amends § 10.04.015, Model Traffic Ordi- 1520, § 1 of Ord. 1521, § 1 of Ord. 1550 nance (Repealed 1565) (Repealed by 1606) 1551 Annexation (Special) 1566 Amends § 2.20.010, planning commission, 1552 Amends § 12 of Ord. 1288, environmental- § 2.24.010, park commission, § 2.26.020, ly critical areas (Repealed by 1568) library (2.20, 2.24, 2.26) 1553 Authorizes election for tax levy (Special) 1567 Licensing of temporary vendors; repeals 1554 Authorizes closure and transfer of local im- Ord. 1460 (5.96) provement guaranty fund (Special) 1568 Repeals and replaces Ch. 14.04, state envi- 1555 Uniform Building Code; repeals Ords. ronmental policy act (14.04) 1450 and 1495 (Repealed by 1636) 1569 Commute trip reduction program (10.86) B-23 (Revised 8/98) Ordinance Table 1570 Establishes civil service commission, re- 1604 Amends Ord. 1586, revised site plan for peals Ords. 736 and 1309 (Repealed by South Kitsap Health Care Campus (Spe- 1704) cial) 1571 Rezone (Special) 1605 Adopts Washington model traffic ordi- 1572 Rezone (Special) nance; repeals Ord. 1565 (10.04) 1573 Adds § 2.52.030, municipal court (2.52) 1606 Repeals and replaces §§ 1.04.020, 9.02.010 1574 Amends §§ 5.3 (A,1), 5.6 (B,6), 5.7 (B,5) — 9.02.070, 9.04.010, 9.08.010 — 9.08.130, and 5.8 of Ord. 1469 and repeals Ord. 1541, 9.10.010 — 9.10.080, 9.12.010 — 9.12.090, zoning (Not codified) 9.14.010 — 9.14.090, 9.16.010 — 9.16.070, 1575 Adds definitions to Ch. 4 and amends §§ 9.18.010 — 9.18.080, 9.20.010 — 9.20.080, 5.5 and 5.7 of Ord. 1469, zoning (Not cod- 9.24.010 — 9.24.050, 9.26.010 — 9.26.090, ified) 9.28.010 — 9.28.180, 9.32.010 — 9.32.050, 1576 Approves preliminary plat (Special) 9.34.010 — 9.34.060, 9.36.010, 9.36.020, 1577 Amends Ord. 926 business and occupation 9.36.130, 10.88.010 — 10.88.030, tax (5.78) 10.92.010—10.92.070, public peace, safety 1578 Annexation (Special) and morals (Repealed by 1724) 1579 Rezone (Special) 1607 Repeals and replaces Chs. 7.04, 7.08 and 1580 Approves preliminary plat (Special) 7.12, animals (7.04, 7.08, 7.12) 1581 Rezone (Special) 1608 Repeals and replaces Ch. 13.04, water and 1582 Approves preliminary plat (Special) sewers; repeals Ord. 1549 (Repealed by 1583 Street vacation (Special) 1610) 1584 Dedication of public right-of-way (Special) 1609 Amends Ord. 1605, revised site plan for 1585 Amends § 5.60.050, exploding fireworks South Kitsap Health Care Campus (Spe- (Invalid) cial) 1586 Approves revised site plan for South Kitsap 1610 Water and sewers; repeals Ord. 1608 (Re - Health Care Campus (Special) pealed by 1663) 1587 Amends § 1 of Ord. 1385, road and storm- 1611 Amends Ord. 1469, rezone (Special) water improvements (Special) 1612 Approves preliminary plat (Special) 1588 Amends Ords. 1035 and 1496, rezone (Spe- 1613 Amends Ord. 1469, rezone (Special) cial) 1614 Code enforcement officer (2.64) 1589 Street vacation (Special) 1615 Repeals and replaces Title 17, mobile home 1590 Repeals and replaces Ord. 1463, activities parks; repeals Ord. 1335 (Repealed by on city owned piers and docks (Repealed 1700) by 1631) 1616 Amends Ord. 1469, rezone (Special) 1591 Adopts RCW 47.50, highway access man- 1617 Approves preliminary plat (Special) agement (10.16) 1618 Amends Ord. 1469, rezone (Special) 1592 Abatement of nuisances (Repealed by 1619 Subdivisions; repeals Ords. 951 and 1362 1630) (Repealed by 1702) 1593 Amends Ords. 1527 and 1533, rate of com- 1620 Amends § IA and J of Ord. 1592, abate- pensation for city council members (2.60) ment of nuisances (Repealed by 1630) 1594 Amends Ord. 1469, zoning (Special) 1621 Amends Chs. 14, 15(A) and 15(B) of Ord. 1595 Ad valorem taxes (Special) 1469, buildings and construction (15.40) 1596 Budget and tax levy for 1994 (Special) 1622 Animal control appeal board (2.68) 1597 Rezone (Special) 1623 Ad valorem taxes (Special) 1598 Budget amendment (Special) 1624 Budget and tax levy for 1995 (Special) 1599 Amends Ord. 1564, salary schedule (Spe- 1625 Repeals Ords. 387, 553, 888, 904, 954, 991, cial) 1009, 1021,1023, 1119 and 1273 (Repeal- 1600 Amends Ord. 1537, rezone (Special) er) 1601 Amends Ord. 1538, rezone (Special) 1626 Amends Ord. 1599, salary schedule (Spe- 1602 (Not used) cial) 1603 Street vacation (Special) 1627 Amends 1994 budget (Special) (Revised 8/98) B-24 Port Orchard Municipal Code Ordinance Table 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 (9.46) 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 subdivision (Special) 1636 Building code; repeals Ord. 1555 (Re- pealed 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 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 (Not codified) 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) 1656 Pedestrian interference (Repealed by 1724) 1657 Repeals Ord. 729 (Repealer) 1658 Street vacation (Tables) 1659 Annexation (Special) 1660 Bremerton-Kitsap county health district (2.70) 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 (Not codified) 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 re- porting 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) 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) B-25 (Revised 8/98) Ordinance Table 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 (16.04) 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 (13.04) 1708 Smoking in city workplaces (9.44) 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, 9.26, 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) (Revised 8/98) B-26 Port Orchard Municipal Code Animals !W-11E Abandoned vehicles See under Parking Admissions tax Accounting for admission 5.22.060 Collection, payment 5.22.070 Definitions admissions charge 5.22.030 city 5.22.030 nonprofit organization 5.22.030 person 5.22.030 place 5.22.030 treasurer 5.22.030 Exemptions 5.22.050 Imposed 5.22.040 Jurisdiction 5.22.020 Late payment, penalty 5.22.080 Levied 5.22.010 Liability 5.22.100 Recordkeeping 5.22.110 Registration 5.22.090 Rules, regulations 5.22.120 Violation, penalty 5.22.130 Advance travel expense revolving fund Created 3.08.010 Travel expense voucher 3.08.020 Use restrictions 3.08.030 Advertising See Billboards, handbills; Signs Affirmative action program Adopted, purpose 2.40.010 Complaint procedure designated 2.40.140 generally 2.40.130 Departmental equal opportunity officers 2.40.040 Education, training 2.40.080 Employee recruitment 2.40.050 Examinations, tests 2.40.070 Exit interviews 2.40.100 Job qualifications 2.40.060 Officer designated, duties 2.40.030 Policy generally 2.40.020 statement 2.40.120 Reports, records 2.40.110 Supervisor evaluation 2.40.090 Alarm systems False alarms charges 9.22.030 unlawful 9.22.020 Telephone number of person authorized to reset, turn off 9.22.010 Violation, penalty 9.22.040 Alcohol regulations See Criminal code Amusement games See also Public amusements, shows Compliance with state law 5.92.010 Registration, filing 5.92.020 Animals Chasing vehicles 7.04.040 Control appeal board created 2.68.010 members eligibility 2.68.010 terms 2.68.020 powers, duties 2.68.030 Cruelty to 7.04.100 Dangerous declaration, violations 7.04.140 registration 7.04.150 Definitions abandonment 7.04.010 adequate shelter 7.04.010 animal 7.04.010 at large 7.04.010 cat 7.04.010 court 7.04.010 dangerous 7.04.010 dog 7.04.010 domestic livestock 7.04.010 inhumane treatment 7.04.010 neglect 7.04.010 owner 7.04.010 potentially dangerous 7.04.010 provocation 7.04.010 secure enclosure 7.04.010 stray 7.04.010 under control 7.04.010 Disposal of feces, waste 7.04.110 Female dog, cat in heat 7.04.070 Horses on sidewalks 7.04.120 Howling, barking 7.04.050 Impounding authority appointed 7.08.010 designated as special police 7.08.030 duties 7.08.020 disposal of domestic turned wild 7.08.100 interference with 7.08.040 notice 7.08.050 redemption domestic 7.08.060 livestock 7.08.080 sale of unclaimed 7.08.090 Injured, diseased 7.04.090 Injury to property by 7.04.030 Keeping of livestock 7.04.080 License cat 7.12.015 dog 7.12.010 due date 7.12.030 fee 7.12.020 issuance 7.12.040 Index-1 (Revised 8/98) Billboards, handbills kennels 7.12.100 transferability 7.12.050 violation, penalty 7.12.120 Lost tags 7.12.060 Ownership, number restrictions 7.12.090 Potentially dangerous declaration, violations 7.04.130 failure to control 7.04.140 Running at large 7.04.020 Strays 7.04.060 Unlicensed impoundment 7.12.070 violation date 7.12.110 proof 7.12.080 Violation abatement 7.04.200 civil infraction 7.04.190 misdemeanor 7.04.180 nuisance declaration 7.04.160 witness to, impoundment, citation 7.04.170 Assault See Criminal code S :]E Bicycles See under Parking Billboards, handbills Definitions business or occupation of outdoor advertising 5.52.010 outdoor advertising structure or billboard 5.52.010 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 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 Bonds Cable TV franchise 5.72.090 City officers 2.36.010 Handbills 5.52.110 Streets and sidewalks excavation 12.04.130, 12.04.180 Subdivisions 16.04.220 Surface water runoff 15.32.080 Building code See also Buildings Adopted, amendments 15.04.010 Building security code amended 15.04.020 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— Cable TV franchise Bond 5.72.090 Conformance to construction regulations 5.72.040 Fees, authority to charge 5.72.070 Filing, acceptance 5.72.120 Insurance 5.72.080 Liability 5.72.060 License fee 5.72.110 forfeiture 5.72.150 (Revised 8/98) Index-2 Port Orchard Municipal Code Code Licensee duties 5.72.020 use of poles by city 5.72.030 Publication expenses 5.72.130 Rights, privileges 5.72.010 Safety, maintenance 5.72.140 Street restoration 5.72.050 Term, effective period 5.72.100 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 Violation, penalty 5.32.100 City attorney Appointment, removal 2.08.010 Compensation 2.08.030 Duties 2.08.020 City clerk Appointment, removal 2.08.010 Auditing officer designated 2.44.010 City council Meetings adjournment motion 2.04.180 attendance by city employees 2.04.210 failure to attend, fine 2.04.090 journal of proceedings 2.04.120 mayor, clerk duties 2.04.050 motions in writing 2.04.100 laying matter on table 2.04.150 reconsidering 2.04.110 nonmember addressing council 2.04.080 order of business 2.04.060 order of procedure 2.04.020 presentation of subjects 2.04.070 presiding officer duties 2.04.220 public meetings 2.04.170 questions of order 2.04.130 quorum 2.04.040 reports to council, presiding member 2.04.200 Robert's Rules of Order 2.04.230 rules amended, suspended 2.04.190 special meetings 2.04.030 taking chair 2.04.140 time, place 2.04.010 voting 2.04.160 Member compensation cost of living adjustment 2.60.020 nonattendance 2.60.030 per meeting rate 2.60.010 reimbursement for mileage, meals 2.60.040 City employees See also City officers Accumulation of leave 2.28.020 Applicability of state laws 2.28.120 Bereavement leave 2.28.070 Civil leave 2.28.080 Definitions full-time employee 2.28.010 intermittent employee 2.28.010 part-time employee 2.28.010 Holidays 2.28.040 Leave without pay 2.28.100 Mileage allowance 2.48.010 Military leave 2.28.090 Overtime 2.28.030 Retirement system 2.32.010 Sick leave 2.28.060 Unauthorized absence 2.28.110 Vacations 2.28.050 City engineer Appointment, removal 2.08.010 City officers See also City employees; Specific Officer Bonds 2.36.010 Mayor's power to appoint, remove 2.08.010 City -owned docks, piers Commercial activity 9.46.010 Moorage 15-minute limit 9.46.030 hours 9.46.020 Violation, penalty 9.46.040 City property, offenses against See also Criminal code Reward employee exemption 9.48.020 for information 9.48.010 City treasurer Appointment, removal 2.08.010 Civil service commission Created 2.30.010 Membership, terms 2.30.020 Claims fund Created 3.04.040 Closing area during calamity, menace See also Emergency services Authorization 9.40.010 Code Adopted 1.04.005 Definitions city 1.04.010 city council 1.04.010 Index-3 (Revised 8/98) Code enforcement officer code 1.04.010 county 1.04.010 gender 1.04.010 may 1.04.010 number 1.04.010 oath 1.04.010 person 1.04.010 shall 1.04.010 state 1.04.010 tenses 1.04.010 title of office 1.04.010 Effect of 1.04.080 Effective date 1.04.090 Fines, failure to pay 1.04.030 New material adopted 1.04.050 Ordinances proof, published form 1.04.040 reference to 1.04.070 Principal defined, liability 1.04.015 Title, chapter, section headings 1.04.060 Validity 1.04.100 Violation, penalty 1.04.020 Code enforcement officer Civil infraction enforcement applicability 2.64.040 penalty 2.64.030 notice 2.64.020 Inspections 2.64.050 Position created, authority 2.64.010 Coercion See Statutes adopted by reference under Criminal code Community events fund Created 3.56.010 Moneys authorization, distribution 3.56.030 placement 3.56.020 Commute trip reduction Affected employers applicability 10.86.050 notification 10.86.060 requirements 10.86.070 Appeals 10.86.150 City plan 10.86.030 Definitions affected employee 10.86.020 affected employer 10.86.020 alternate commute mode 10.86.020 alternative work schedules 10.86.020 base year 10.86.020 carpool 10.86.020 commute trip 10.86.020 commute trip reduction (CTR) goals 10.86.020 commute trip reduction (CTR) plan 10.86.020 commute trip reduction (CTR) program 10.86.020 Commute Trip Reduction (CTR) Task Force Guidelines 10.86.020 commute trip reduction (CTR) zone 10.86.020 commuter ride matching service 10.86.020 compressed work week 10.86.020 custom bus/buspool 10.86.020 day(s) 10.86.020 dominant mode 10.86.020 employee transportation coordinator 10.86.020 employer 10.86.020 flex -time 10.86.020 full-time employee 10.86.020 hearing examiner 10.86.020 implementation, implement 10.86.020 mode 10.86.020 newly affected employer 10.86.020 presiding officer 10.86.020 proportion of single -occupant vehicle commute trips 10.86.020 single worksite 10.86.020 single -occupant vehicle (SOV) 10.86.020 SOV rate 10.86.020 telecommuting 10.86.020 transit 10.86.020 transportation demand management (TDM) 10.86.020 vanpool 10.86.020 vehicle miles traveled (VMT) per employee 10.86.020 week 10.86.020 weekday 10.86.020 work/driver bus 10.86.020 writing, written, in writing 10.86.020 Enforcement, compliance 10.86.120 Exemption credit 10.86.090 Infraction notice, contents, hearing 10.86.140 Program review, reports 10.86.100 submittal, extension 10.86.110 Purpose 10.86.010 Responsible agency 10.86.040 Violation, penalty 10.86.130 Zone, values, goals 10.86.080 Comprehensive Plan Adopted 1.12.010 Filing, inspection 1.12.020 Compression brakes See under Vehicles Controlled substances See Criminal code County -city emergency services program See Emergency services Court See Municipal court Criminal code Adopted 9.02.010 Alcohol regulations definitions alcohol 9.26.010 (Revised 8/98) Index-4 Port Orchard Municipal Code Criminal code beer 9.26.010 liquor 9.26.010 minor 9.26.010 spirit 9.26.010 wine 9.26.010 false identification to obtain 9.26.050 knowledge of age no defense 9.26.090 minors prohibited where served 9.26.040 purchasing, possessing, consuming 9.26.060 supplying 9.26.070 opening, consuming, possessing in public place 9.26.020 service during closing hours 9.26.080 to intoxicated person 9.26.030 Assault fourth degree 9.16.010 Controlled substances definitions, statutes adopted by reference 9.14.010 drug related loitering 9.14.080 possession drug paraphernalia, statutes adopted by reference 9.14.030 marijuana 9.14.020 seizure, forfeiture, statutes adopted by reference 9.14.070 toxic fumes inhaling 9.14.050 sale of product containing 9.14.040 violation in drug free zone, statutes adopted by reference 9.14.060 penalty, statutes adopted by reference 9.14.090 Costs of prosecution 9.02.040 Criminal contempt 9.12.090 Definitions 9.04.010 Disorderly conduct, statutes adopted by reference 9.24.020 Disruption of school activities 9.24.040 Domestic violence protection appearance by defendant, statutes adopted by reference 9.18.050 court's duties, statutes adopted by reference 9.18.040 definitions dating relationship 9.18.020 domestic violence 9.18.020 family or household members 9.18.020 peace officer 9.18.020 victim 9.18.020 interfering with reporting of 9.18.090 no -contact order enforcement, statutes adopted by reference 9.18.060 violation 9.18.070 police officer's duties, statutes adopted by reference 9.18.030 protection, restraining, antiharassment orders 9.18.080 purpose, intent, statutes adopted by reference 9.18.010 Erotic material See Prostitution, lewd conduct Expectorating in public 9.24.010 Failure to deliver leased property 9.28.120 Failure to disperse, statutes adopted by reference 9.24.030 False reporting 9.12.050 Fighting 9.16.030 Harassment 9.16.050 Lewd conduct See Prostitution, lewd conduct Littering See Littering Minors See Minors Nuisances See Nuisances; Public disturbance noise Pedestrian interference 9.24.060 Prostitution, lewd conduct definitions commit prostitution 9.20.010 erotic material 9.20.010 known prostitute or procurer 9.20.010 lewd act 9.20.010 public display 9.20.010 public place 9.20.010 sexual conduct 9.20.010 lewd conduct 9.20.070 loitering 9.20.020 no defense to patronizing, statutes adopted by reference 9.20.050 patronizing, statutes adopted by reference 9.20.040 permitting patronizing, statutes adopted by reference 9.20.060 public display of erotic material 9.20.080 statutes adopted by reference 9.20.030 violation, misdemeanor 9.20.070 Public disturbance noise 9.24.050 Reckless endangerment 9.16.040 Refusal to pay fare 9.24.010 Result of violation intentional 9.08.030 not intentional 9.08.040 Scope 9.02.020 Severability 9.02.070 Statutes adopted by reference amendments 9.02.060 bail jumping 9.12.070 coercion 9.16.070 complicity 9.08.120 computer trespass second degree 9.28.170 conspiracy 9.08.130 criminal attempt 9.08.060 criminal impersonation 9.28.020 Index-5 (Revised 8/98) Cumulative reserve funds criminal trespass defenses 9.28.050 first degree 9.28.030 second degree 9.28.040 culpability 9.08.020 definitions 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 insanity 9.10.020 intoxication 9.10.010 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 theft of cable television services 9.28.130 theft third degree 9.28.090 unlawful issuance of bank check 9.28.110 vehicle prowling 9.28.100 Telephone calls to harass, intimidate, torment 9.16.060 Violation, penalty 9.02.050 Voluntary act, possession 9.08.010 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 am Dances See also Public amusements, shows Exemptions 5.20.050 License fee 5.20.030 issuance 5.20.040 required 5.20.010 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 Jail fee credits application, eligibility 9.54.020 continuing eligibility 9.54.030 false information 9.54.040 violation, penalty 9.54.050 Liability 9.53.060 Medical, dental services 9.53.050 Rates 9.54.010 Disorderly conduct See Criminal code Dogs See Animals Domestic violence protection See Criminal code Drugs, drug paraphernalia See Controlled substances under Criminal code —E— Electric light business and occupation tax Appeals 5.04.140 Authority 5.04.010 Definitions gross income 5.04.020 tax period or taxable period 5.04.020 taxpayer 5.04.020 Exceptions, deductions 5.04.070 Failure to pay, liability 5.04.130 False returns, statements 5.04.170 Income records, returns 5.04.100 Levied 5.04.060 License application investigation 5.04.110 required 5.04.080 duration 5.04.040 posting, transferability 5.04.160 required 5.04.030 Over, under payment 5.04.120 Payment 5.04.050 Rules, regulations 5.04.150 Sale, transfer 5.04.090 Emergency medical services six -year special levy fund-1980 Created 3.48.010 Purpose 3.48.020 Emergency services See also Closing area during calamity, menace Budget 2.56.100 Compensation board 2.56.160 (Revised 8/98) Index-6 Port Orchard Municipal Code Fire hydrants Council Police reserve officers 2.18.020 composition 2.56.060 Public amusements, shows 5.20.020 established 2.56.040 SEPA 14.04.040 management, control 2.56.050 Sewer 13.04.040 meetings, quorum, rules, election 2.56.070 Streets and sidewalks excavations 12.04.140 County duties 2.56.170 Subdivisions 16.04.160 Declaration of emergency 2.56.130 Taxicabs 5.56.060, 5.56.130 Definitions Temporary vendors 5.96.040 cities 2.56.010 Water 13.04.030 council 2.56.010 Fire authority county 2.56.010 Appointment 2.12.020 director 2.56.010 Duties, responsibilities 2.12.030 disaster 2.56.010 Established 2.12.010 emergency 2.56.010 Expense reimbursement for volunteer firemen emergency organization 2.56.010 2.12.040 emergency services 2.56.010 Fire chief search and rescue 2.56.010 See also Fire authority Director Appointment, removal 2.08.010 appointment 2.56.080 Fire code powers, duties 2.56.090 See also Building code; Fire department Fund established 2.56.120 Adopted 15.12.010 Funding 2.56.110 Appeals 15.12.070 Liability 2.56.150 Brush, refuse burning permit 15.12.050 Organization Bureau of fire prevention established, duties duties 2.56.030 15.12.100 established 2.56.020 Complaint/citation system 15.12.120 Violation, penalty 2.56.180 Conflict of provisions 15.12.090 Worker's compensation 2.56.140 Definitions Energy code bureau of fire prevention 15.12.030 See also Building code chief of the bureau of fire prevention 15.12.030 Minimum requirements 15.44.010 corporation counsel 15.12.030 Erotic material See Criminal code inspector of the fire department 15.12.030 Explosives See Weapons, explosives municipality 15.12.030 police department 15.12.030 — F — Enforcement 15.12.020 False alarms See Alarm systems Flammable materials storage 15.12.040 Fees Permits for new materials, processes, occupancies Animals 7.12.020 15.12.110 Billboards 5.52.080 Schedule of bails 15.12.130 Building code 15.04.010 Smoke detection devices 15.12.140 Cable TV franchise 5.72.070, 5.72.110 Variances, modifications 15.12.060 Carnivals 5.32.040 Violations 15.12.080 Circuses 5.32.050 Fire department See Fire authority Concurrency management system 13.08.060 Fire hydrants Dances 5.20.030 Applicability 15.28.010 Fireworks 5.60.010 Definitions Handbills 5.52.100 AWWA 15.28.020 Hawkers 5.44.050 fire authority 15.28.020 Jukeboxes 5.24.020 flush hydrant 15.28.020 Land classification 5.88.010 LID 15.28.020 Mobile homes 15.36.030 standard specifications 15.28.020 Parking UBC 15.28.020 generally 10.12.440 UFC 15.28.020 vehicle immobilization 10.76.070 water authority 15.28.020 Pawnbrokers 5.40.020 Exemptions 15.28.130 Peddlers 5.44.040 Index-7 (Revised 8/98) Fire lanes Installation plans 15.28.030 prohibited types 15.28.120 timing 15.28.040 Interpretation, purpose, conflict 15.28.140 Location 15.28.060 Number required 15.28.050 Obstructions 15.28.100 Protection 15.28.110 Requirements 15.28.090 Specifications 15.28.070 Violation, penalty 15.28.150 Water mains 15.28.080 Fire lanes Definitions fire lane 10.60.010 park 10.60.010 parking 10.60.010 standing 10.60.010 stop 10.60.010 vehicle 10.60.010 Driveways, public thoroughfares 10.60.040 Enforcement 10.60.060 Existing buildings 10.60.050 Location, construction, identification 10.60.020 Parking prohibited 10.60.030 Violation, penalty 10.60.070 Firearms See Weapons, explosives Fireworks Enforcement 5.60.080 Exploding legal when 5.60.050 License issuance, conditions 5.60.020 required, fee 5.60.010 transferability, number limited 5.60.040 Provisions supplemental to state law 5.60.060 Temporary stands 5.60.030 Violation, penalty 5.60.070 Flood damage prevention See also State Environmental Policy Act (SEPA); Surface water runoff Abrogation, greater restrictions 15.38.080 Alteration of watercourses 15.38.190 Applicability 15.38.050 City engineer designated 15.38.140 duties, responsibilities 15.38.150 Definitions appeal 15.38.110 area of shallow flooding 15.38.110 area of special flood hazard 15.38.110 base flood 15.38.110 critical facility 15.38.110 development 15.38.110 flood 15.38.110 Flood Insurance Rate Map (FIRM) 15.38.110 Flood Insurance Study 15.38.110 flooding 15.38.110 floodway 15.38.110 lowest floor 15.38.110 manufactured home 15.38.110 manufactured home park 15.38.110 new construction 15.38.110 start of construction 15.38.110 structure 15.38.110 subdivision 15.38.110 substantial improvement 15.38.110 variance 15.38.110 water dependent 15.38.110 Development permit application 15.38.130 required 15.38.120 review 15.38.160 Findings of fact 15.38.020 Hazard reduction anchoring 15.38.240 building permit review 15.38.280 construction materials, methods 15.38.250 critical facilities 15.38.320 floodways 15.38.340 manufactured homes 15.38.330 nonresidential construction 15.38.310 residential construction 15.38.300 standards generally 15.38.230 specific 15.38.290 subdivision proposals 15.38.270 utilities 15.38.260 wetlands management 15.38.350 Information maintained, obtained 15.38.180 Interpretation FIRM boundaries 15.38.200 provisions 15.38.090 Liability 15.38.100 Methods of reducing losses 15.38.040 Purpose 15.38.030 Special flood hazard areas established 15.38.060 Statutory authorization 15.38.010 Use of other base flood data 15.38.170 Variances appeal board 15.38.210 conditions 15.38.220 Violation, penalty 15.38.070 Fund See Specific Fund —G— Gambling tax Administration, collection 5.28.060 Constitute a debt 5.28.130 Definitions 5.28.020 Exemptions 5.28.040 (Revised 8/98) Index-8 Port Orchard Municipal Code Leasehold excise tax Failure Health district to make return 5.28.120 Board of health to pay 5.28.080 composition 2.70.060 Filing declaration to conduct gambling activity established 2.70.040 5.28.090 management, control 2.70.050 Levied, rates 5.28.030 meetings, quorum, rules, election 2.70.070 Payment Budget 2.70.100 date due 5.28.050 Definitions method 5.28.070 board of health 2.70.010 over, under 5.28.110 cities 2.70.010 Records 5.28.100 county 2.70.010 Title 5.28.010 health district 2.70.010 Violation, penalty 5.28.140 health officer 2.70.010 Garbage utility business and occupation tax Fund established 2.70.120 Levied 5.78.010 Funding 2.70.110 Payment 5.78.020 Health officer Garbage, refuse designated 2.70.080 See also Littering powers, duties 2.70.090 Appeals 6.04.070 Powers, duties 2.70.030 Burning, dumping See Rubbish Separate entity 2.70.020 Charges, lien 6.04.060 Hydrants See Fire hydrants Collection contractor responsibilities 6.04.030 — J — exclusive contract 6.04.020 Jail See Detention, incarceration franchise granted 5.76.010 Judge See under Municipal court property owner responsibilities 6.04.040 Jukeboxes required 6.04.010 Control of machines 5.24.030 Recycling 6.04.050 Definitions Rubbish location 5.24.010 prohibited 6.04.090 music box 5.24.010 vegetation on private property 6.04.100 operator 5.24.010 violations License required, fee 5.24.020 penalties 6.04.120 Junk dealers refusal to remove 6.04.110 See also Pawnbrokers Violation, penalty 6.04.080 Inspection of premises 5.36.050 _ H _ Junk defined 5.36.010 Liability 5.36.060 Handbills See Billboards, handbills; Littering License revocation 5.36.070 Harassment See Criminal code Purchases Hawkers See Peddlers, hawkers from minors 5.36.030 Hazardous materials holding period 5.36.040 Emergency assistance agreements Recordkeeping 5.36.020 allowable costs 2.14.030 Junk vehicles See under Vehicles authorized 2.14.020 Juveniles See Minors terms, conditions 2.14.040 verbal agreements, notice 2.14.050 — L — Facility warning system Land classification filing fees enforcement 15.48.060 Designated 5.88.010 lock boxes Leasehold excise tax changes, updates to contents 15.48.050 Administration 3.16.030 contents 15.48.040 Contract with state 3.16.060 required 15.48.010 Exemption 3.16.040 security 15.48.030 Inspection of records 3.16.050 specifications, location 15.48.020 Levied 3.16.010 violation, penalty 15.48.070 Rate 3.16.020 Incident command agency 2.14.010 Index-9 (Revised 8/98) Library 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 Licenses See also Business licenses Animals cats 7.12.015 dogs 7.12.010 kennels 7.12.100 Circuses, carnivals 5.32.010 Dances 5.20.010 Electrical light business and occupation tax 5.04.030 Fireworks 5.60.010 Handbills 5.52.090 Jukeboxes 5.24.020 Peddlers, hawkers 5.44.030 Public amusements, shows 5.20.010 Sound amplifying equipment, loudspeakers 5.48.020 Taxicabs driver 5.56.080 vehicle 5.56.020 Temporary vendors 5.96.020 Transient occupancy excise tax 3.18.040 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 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 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 —M— Minors See also Alcohol regulations under Criminal code 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 Fire protection 17.04.060 Inspections 17.04.050 Land use compliance 17.04.070 Parking duration 17.04.100 outside parks, requirements 17.04.030 Permits required 17.04.040 Temporary use permit 17.04.020 Violation, penalty 17.04.110 Mobile homes See also Mobile home parks Installation accessory structures 15.36.060 building site preparation 15.36.040 definitions factory -built housing 15.36.020 (Revised 8/98) Index-10 Port Orchard Municipal Code Parking 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 Motorcycles See under Vehicles Municipal court Days open 2.52.030 Established 2.52.010 Judge 2.52.020 son 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 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— Park commission Board created, membership 2.24.020 officers, meetings, quorum 2.24.040 powers, duties 2.24.050 terms, vacancies 2.24.030 Budget 2.24.050 Definitions board 2.24.010 park 2.24.010 Rules, regulations 2.24.050 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 Bus stops, taxicab stands 10.12.250 Buses, taxicabs 10.12.240 Costs, attorney's fees 10.12.380 Definitions bicycle 10.12.010 bus 10.12.010 bus stop 10.12.010 crosswalk 10.12.010 department 10.12.010 director 10.12.010 holidays 10.12.010 legal owner 10.12.010 loading zone 10.12.010 motor vehicle 10.12.010 official time standard 10.12.010 parking or parking 10.12.010 passenger loading zone 10.12.010 planting strips 10.12.010 police chief or chief of police 10.12.010 police department 10.12.010 police or police officer 10.12.010 private road or driveway 10.12.010 school bus zone 10.12.010 service parking 10.12.010 sidewalk 10.12.010 stand or standing 10.12.010 street 10.12.010 taxicab 10.12.010 taxicab stand 10.12.010 tow truck operator 10.12.010 traffic division 10.12.010 U-turn 10.12.010 vehicle 10.12.010 Disposition of fines, forfeitures 10.12.450 Index-11 (Revised 8/98) Pawnbrokers Expired registrations 10.12.150 hearing For purpose of displaying advertising, sale 10.12.160 examiner 10.76.030 Habitual offenders 10.12.470 findings 10.76.040 Handicapped permit, violation 10.12.110 notice 10.76.020 Hearings judicial review 10.76.110 decision, appeal 10.12.330 rules, regulations 10.76.120 explanation of circumstances 10.12.340 vehicle immobilization request 10.12.310 authority 10.76.050 rules of procedure, counsel 10.12.320 fee 10.76.070 Illegally parked vehicle procedure, notification 10.76.060 citation 10.12.410 release 10.76.080 presumption of guilt, evidence 10.12.420 towing 10.76.090 Inoperable vehicle 10.12.170 Yellow curbs 10.12.120 Interpretation 10.12.480 Pawnbrokers Issue of process 10.12.370 See also Junk dealers Juror's, witness' pass 10.12.140 Ammunition sales, storage 5.40.160 Loading zones 10.12.200 Definitions Obliterating tire markings 10.12.180 antique 5.40.010 Obstructing traffic 10.12.130 bullion 5.40.010 Official misconduct 10.12.460 pawnbroker 5.40.010 One-way streets 10.12.230 Exemption 5.40.040 Passenger loading zones 10.12.190 Fixed place of business 5.40.030 Penalties Hours of operation 5.40.150 civil 10.12.360 License designated 10.12.430 application 5.40.050 general 10.12.400 denial, suspension, revocation 5.40.060 monetary 10.12.350 hearings 5.40.070 payment, late fees 10.12.440 required 5.40.020 Permit condition violations 10.12.220 transferability 5.40.080 Police car zones 10.12.100 Pledged property Prohibited acts 10.12.060 interest rates 5.40.140 Regulations 10.12.270 retaining, inspections 5.40.120 Residential parking permits sales, documentation 5.40.130 community event permits 10.14.050 Records definitions daily reports 5.40.100 community event permit 10.14.020 keeping 5.40.090 commuter vehicle 10.14.020 Stolen property, duties 5.40.110 guest permit 10.14.020 Violations, penalties 5.40.170 residential area 10.14.020 Payrolls fund residential parking permit 10.14.020 Created 3.04.030 residential vehicle 10.14.020 Peddlers, hawkers guest permits 10.14.040 See also Temporary vendors privileges 10.14.060 Definitions procedures, guidelines 10.14.030 hawker 5.44.020 purpose 10.14.010 peddler 5.44.010 revocation 10.14.070 License violation, penalty 10.14.080 fee Restricted, prohibited 10.12.080 hawker 5.44.050 Right-of-way 10.12.260 peddler 5.44.040 Special passes 10.12.140 issuance Tow -away zones 10.12.210 hawker 5.44.070 Traffic control devices 10.12.070 peddler 5.44.060 Violators receipts shown upon demand 5.44.080 contested cases 10.76.100 required 5.44.030 designated 10.76.010 Permits See also Specific Permit under Parking (Revised 8/98) Index-12 Port Orchard Municipal Code Special initiative procedure 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 Streets and sidewalks excavations 12.04.010 Personnel See City employees; City officers 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 Positions designated 2.16.030 Reserve officers enrollment fees 2.18.020 pension fund enrollment 2.18.010 Prostitution See Criminal code Public amusements, shows See also Amusement games; Dances Exemptions 5.20.050 License fee 5.20.020 issuance 5.20.040 required 5.20.010 —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 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 Billing 13.04.050 Bimonthly rates 13.04.020 Charges discontinuation 13.04.090 for vacant premises 13.04.070 Connections 13.04.140 Damaging utility system 13.04.120 Fees 13.04.040 Industrial users 13.04.160 Liens 13.04.060 Mother-in-law apartments, converted homes 13.04.080 Prohibited discharges, matter 13.04.130 Side sewer responsibilities 13.04.150 Violation, penalty 13.04.170 Signs See also Billboards, handbills Approval required 15.16.010 Skateboards See under Vehicles Smoking in city workplaces Defacing signs 9.44.040 Definitions city personnel 9.44.010 city workplace 9.44.010 public business 9.44.010 smoke or smoking 9.44.010 Fines 9.44.050 Liberal construction 9.44.070 Limitations of actions 9.44.060 Notice, supervisor duties 9.44.030 Prohibited 9.44.020 Violation, penalty 9.44.050 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 Index-13 (Revised 8/98) Special investigative unit fund 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 Additional timing considerations 14.04.060 Appeals 14.04.140 Authority 14.04.010 Categorical exemptions 14.04.070 Comments, consulted agency responsibilities 14.04.120 Environmental checklist 14.04.080 Fees 14.04.150 Lead agency determination, responsibilities 14.04.040 Mitigated DNS 14.04.090 Preparation of EIS 14.04.100 Public notice 14.04.110 Responsible official designated 14.04.030 Statutes adopted by reference 14.04.020 Substantive authority 14.04.130 Time limits 14.04.050 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 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 (Revised 8/98) Index-14 Port Orchard Municipal Code Zoning 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 MI''m Vehicles See also Parking; Traffic Compression brakes 10.84.010 Impoundment tow -away zone 10.72.010 with, without citation, notice 10.72.020 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 Minimum requirements 15.44.010 —W— Water See also Sewer; Surface water runoff Billing 13.04.050 Bimonthly rates 13.04.010 Cross connections 13.04.100 Damaging utility system 13.04.120 Emergency supply conditions 13.04.110 Fees 13.04.030 Liens 13.04.060 Mother-in-law apartments, converted homes 13.04.080 Violation, penalty 13.04.170 Water -sewer equipment replacement fund Created 3.68.010 Disbursement of moneys 3.68.030 Transfer of moneys 3.68.020 Weapons, explosives Definitions aerosol tear gas personal protection device 9.36.010 air gun 9.36.010 dangerous knife 9.36.010 fixed -blade knife 9.36.010 gas bomb 9.36.010 gas pen 9.36.010 gas pencil 9.36.010 gas pistol 9.36.010 switchblade knife 9.36.010 Statutes adopted by reference 9.36.020 Unlawful, forfeiture, violation 9.36.030 Wetlands See Flood damage prevention yie Zoning See also Subdivisions City engineer duty, authority 15.40.010 Comprehensive Plan See Comprehensive Plan Enforcement 15.40.010 Occupation of premises prohibited when 15.40.020 Violation, penalty 15.40.030 Index-17 (Revised 8/98)