1999_06 Supplement 4SUPPLEMENT DIRECTIONS
Updated by:
PORT ORCHARD MUNICIPAL CODE
Dated:
Supplement No. 4 — June 1999
Covering Ordinances through 1762
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 1762, passed March 8, 1999.
Remove these pages Insert these pages
Table of Revised Pages
i—in..................................................................
Title 2
Title 3
Title 7
Title 9
Title 10
Title 13
Title 15
Tables
27-28........................................................... 27-28
5-6 ................................................................... 5-6
1 — 14............................................................... 1 — 21
17 — 18........................................................... 17 — 18
20.3 32..................................................... 21 32.2
3 — 10............................................................ 3 — 10.2
1............................................................................... 1
15 — 16...................................................... 15 — 16.12
19-24...................................................... 19-24.16
33 — 34........................................................... 33 — 34
A-11 — A-12.......................................... A-11 — A-12
B-7 — B-8................................................... B-7 — B-8
B-15—B-18........................................... 13-15-13-18
B-21 — B-26........................................... B-21 — B-27
(Revised 6/99)
Remove these pages Insert these pages
Index
1 — 10............................................................ 1 — 10.2
13 — 16........................................................ 13 — 16.2
Please call Code Publishing Company (206-527-6831) should questions
arise while removing and replacing supplement pages.
(Revised 6/99)
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 1762, passed March 8, 1999.
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
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Title 3
1........................................................................
12/98
3,4 .........................................................................
-
5, 6......................................................................
6/99
7,8 .........................................................................
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9, 10....................................................................
8/98
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Title 4
1.............................................................................
Title 5
1.............................................................................
Page Revised Date
3,4 .......................................................................... -
5, 6..........................................................................
-
7, 8..........................................................................
-
9, 10.....................................................................
8/98
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Title 6
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Title 7
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6/99
3,4 .......................................................................
6/99
5,6 .......................................................................
6/99
7,8 .......................................................................
6/99
(Revised 6/99)
Table of Revised Pages
Page
Revised Date Page
9,10 .................................................................... 6/99
11,12 .................................................................. 6/99
13,14 .................................................................. 6/99
15,16 .................................................................. 6/99
17,18 .................................................................. 6/99
19,20 .................................................................. 6/99
21........................................................................ 6/99
Title 8
1.............................................................................
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 ..................................................................
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15,16 ..................................................................
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8/98
27,28 ..................................................................
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29,30 ..................................................................
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31,32 ..................................................................
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Title 10
1..........................................................................
8/98
3,4 .........................................................................
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5, 6.........................................................................
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7, 8......................................................................
8/98
9,10 .......................................................................
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13, 14.....................................................................
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15, 16................................................................
11/97
17,18 ..................................................................
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19,20 ..................................................................
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23,24 ..................................................................
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25,26 ..................................................................
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27,28 ..................................................................
6/99
29,30 ..................................................................
6/99
31,32 ..................................................................
6/99
32.1, 32.2............................................................
6/99
33........................................................................
8/98
Title 11
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3, 4.................................................................... 11/97
Title 12
Revised Date
1............................................................................. 3,4 ......................................................................... 5,6 ......................................................................... 7,8 ......................................................................... -
9............................................................................. -
Title 13
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6/99
7,8 ......................................................................
6/99
9,10 ....................................................................
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10.1, 10.2............................................................
6/99
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Title 14
1.............................................................................
3,4 .........................................................................
5,6 .........................................................................
7.............................................................................
Title 15
1..........................................................................
6/99
3,4 ....................................................................
12/98
5,6 ......................................................................
8/98
7,8 ......................................................................
8/98
9,10 ....................................................................
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16.5, 16.6............................................................
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16.7, 16.8............................................................
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21,22 ..................................................................
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24.5, 24.6............................................................
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24.7, 24.8............................................................
6/99
24.9, 24.10..........................................................
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6/99
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27, 28.....................................................................
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29, 30.....................................................................
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31, 32.....................................................................
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33, 34..................................................................
6/99
35........................................................................
8/98
(Revised 6/99) 11
Port Orchard Municipal Code Table of Revised Pages
Page Revised Date
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
Street Vacation Table
A-1, A-2................................................................. -
A-3, A-4................................................................. -
A-5, A-6................................................................. -
A-7, A-8................................................................. -
A-9, A-10............................................................... -
A-11, A-12.......................................................... 6/99
Ordinance Table
B-1, B-2.................................................................. -
B-3, B-4..................................................................
-
B-5, B-6..............................................................
8/98
B-7, B-8..............................................................
6/99
B-9, B-10............................................................
8/98
B-11, 13-12..........................................................
8/98
B-13, B-14..........................................................
8/98
B-15, B-16..........................................................
6/99
B-17, B-18..........................................................
6/99
13-19, B-20........................................................
12/98
B-21, B-22..........................................................
6/99
B-23, B-24..........................................................
6/99
B-25, B-26..........................................................
6/99
B-27....................................................................
6/99
Index
Index Preface.......................................................... -
1, 2......................................................................
6/99
3,4 ......................................................................
6/99
5,6 ......................................................................
6/99
7,8 ......................................................................
6/99
9,10 ....................................................................
6/99
10.1, 10.2............................................................
6/99
11,12 ..................................................................
8/98
13,14 ..................................................................
6/99
15,16 ..................................................................
6/99
16.1, 16.2............................................................
6/99
17........................................................................
8/98
111 (Revised 6/99)
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. 1749 § 1, 1998).
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 of Port Orchard municipal court.
(5) A Notice of Civil Infraction — Jurisdiction.
The city of Port Orchard municipal court shall have
jurisdiction to hear and determine these matters.
(Ord. 1749 § 2, 1998).
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 of Port Orchard
municipal court that such civil infraction has been
committed, shall pay all billable court costs, and
pay monetary penalty to the city of Port Orchard,
as set forth in the schedule below (subsections
below have been paraphrased as an aid in deter-
mining 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 sign code: $250.00;
(d) Violation of the conditions of approval
for land use reclassification as approved by the city
council: $150.00;
(e) Violation of the conditions of approval
for special use permits as approved by the city
council: $150.00;
(f) Violation of the conditions of approval
for variances as approved by the planning commis-
sion: $150.00;
(g) Violation of the conditions of approval
for final plats as approved by the city council:
$250.00;
(h) 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
2-27 (Revised 6/99)
2.64.040
police department, to enforce the provisions of this
code under authority otherwise granted such agents
or officers. (Ord. 1749 § 3, 1998).
2.64.040 Applicability.
The enforcement authority of this chapter shall
apply to the following ordinances and regulations
of the city, and any subsequent ordinance and/or
regulation as set forth in this chapter:
(a) Nuisances: Ordinance No. 1724;
(b) Zoning ordinance: Ordinance No. 1748;
(c) Subdivisions: Ordinance No. 1702;
(d) Sign code: Ordinance No. 1741. (Ord. 1749
§ 4, 1998).
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. 1749 § 5, 1998).
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 6/99) 2-28
Port Orchard Municipal Code
3.16.060
Chapter 3.16
LEASEHOLD EXCISE TAX
Sections:
3.16.010
Tax levied.
3.16.020
Rate.
3.16.030
Administration.
3.16.040
Exemption.
3.16.050
Inspection of records.
3.16.060
Contract.
3.16.010 Tax levied.
There is levied and shall be collected a leasehold
excise tax on and after January 1, 1976, upon the
act or privilege of occupying or using publicly
owned real or personal property within the city
through a leasehold interest as defined by RCW
82.29A.020. The tax shall be paid, collected, and
remitted to the Department of Revenue of the state
at the time and in the manner prescribed by RCW
82.29A.050. (Ord. 973 § 1, 1976).
3.16.020 Rate.
The rate of the tax imposed by POMC 3.16.010
shall be four percent of the taxable rent, as defined
by RCW 82.29A.020; provided, that the following
credits shall be allowed in determining the tax pay-
able:
(1) With respect to a leasehold interest arising
out of any lease or agreement, the terms of which
were binding on the lessee prior to July 1, 1970,
where such lease or agreement has not been rene-
gotiated, as defined by RCW 82.29A.020, since
that date, and excluding from such credit any lease-
hold interest arising out of any lease of property
covered by the provisions of RCW 2813.20.394 and
any lease or agreement including options to renew
which extends beyond January 1, 1985, as follows:
(a) With respect to taxes due in calendar
year 1976, a credit equal to 80 percent of the tax
produced by the rate imposed in this section;
(b) With respect to taxes due in calendar
year 1977, a credit equal to 60 percent of the tax
produced by the rate imposed in this section;
(c) With respect to taxes due in calendar
year 1978, a credit equal to 40 percent of the tax
produced by the rate imposed by this section;
(d) With respect to taxes due in calendar
year 1979, a credit equal to 20 percent of the tax
produced by the rate imposed by this section;
(2) With respect to a product lease, as defined
by RCW 82.29A.020, a credit of 33 percent of the
tax produced by the rate imposed in this section.
(Ord. 973 § 2, 1976).
3.16.030 Administration.
The administration and collection of the tax
imposed by this chapter shall be in accordance with
the provisions of the state act. (Ord. 973 § 3, 1976).
3.16.040 Exemption.
Leasehold interests exempted by RCW
82.29A.130 as it now exists or may hereafter be
amended shall be exempt from the tax imposed
pursuant to POMC 3.16.010. (Ord. 973 § 4, 1976).
3.16.050 Inspection of records.
The city consents to the inspection of such
records as are necessary to qualify the city for
inspection of records of the Department of Reve-
nue pursuant to RCW 82.32.330. (Ord. 973 § 5,
1976).
3.16.060 Contract.
The mayor is authorized to execute a contract
with the Department of Revenue of the state for the
administration and collection of the tax imposed by
POMC 3.16.010; provided, that the city attorney
shall first approve the form and content of the con-
tract. (Ord. 973 § 6, 1976).
3-5 (Revised 6/99)
3.18.010
Chapter 3.18
TRANSIENT OCCUPANCY EXCISE TAX
Sections:
3.18.010 Levied.
3.18.020 Rate.
3.18.030 Administration and collection.
3.18.010 Levied.
There is hereby levied a special excise tax on the
sale of or charge made for furnishing of lodging by
a hotel, rooming house, tourist court, motel, bed
and breakfast or trailer camp and the granting of
any similar license to use real property as distin-
guished from the renting or leasing of real prop-
erty. It shall be presumed that the occupancy of real
property for a continuous period of one month or
more constitutes a rental or lease of real property
and not a mere license to use or enjoy the same.
(Ord. 1754 § 1, 1998).
3.18.020 Rate.
The rate of the tax imposed by POMC 3.18.010
shall not exceed four percent on the sale of or
charge for the furnishing of lodgings as stated in
POMC 3.18.010. (Ord. 1754 § 2, 1998).
3.18.030 Administration and collection.
For the purposes of the tax levied in this chapter,
the following provisions shall apply:
(1) The Department of Revenue of the State of
Washington is designated as the agent of the city
for the purposes of collection and administration.
(2) That administrative provisions contained in
RCW 82.08.050 through 82.08.070 and those
administrative provisions contained in Chapter
82.32 RCW shall apply with respect to administra-
tion and collection of the tax by the Department of
Revenue.
(3) All rules and regulations adopted by the
Department of Revenue for the administration of
Chapter 82.08 RCW are adopted.
(4) The State Department of Revenue is
empowered on behalf of the city to prescribe such
special forms and reporting procedures as the
Department of Revenue may deem necessary.
(Ord. 1754 § 3, 1998).
Chapter 3.36
CUMULATIVE RESERVE FUND — WATER -
SEWER CAPITAL OUTLAY DEBT
SERVICE AND MAINTENANCE AND
OPERATION
Sections:
3.36.010 Created.
3.36.020 Purpose.
3.36.010 Created.
There is created a cumulative reserve fund for
water -sewer capital outlay, debt service and main-
tenance and operation, into which the revenues
received from connection charges and in -lieu -of -
assessment charges shall be placed. (Ord. 1113 § 1,
1979).
3.36.020 Purpose.
The purpose of this chapter is to build up
reserves to be expended for betterments and
improvements to the utilities, with debt service and
maintenance and operation to be funded if neces-
sary. (Ord. 1113 § 2, 1979).
(Revised 6/99) 3-6
Title 7
ANIMALS
Chapters:
7.01 Definitions
7.04 Animal Control
7.06 Dangerous Animals
7.08 Impounding
7.12 Licenses
7.16 Pet Shops, Animal Shelters and Boarding Kennels
7.20 Hobby Kennels
7.22 Commercial Kennels
7.26 Grooming Parlors
7.30 Violations
7-1 (Revised 6/99)
Port Orchard Municipal Code
7.01.010
Chapter 7.01
DEFINITIONS
Sections:
7.01.010 Definitions.
7.01.010 Definitions.
Within the provisions of this title, the following
definitions shall apply:
(1) "Animal" is a female, spayed female, male
or neutered male animal, including any goat, horse,
mule, cattle, swine or other domestic livestock
used or raised on a farm, and any living vertebrate
creature including reptiles or birds and excluding
any marine mammals, fish or man. Animal also
includes dogs or cats unless specifically excluded.
(2) "Animal control authority" means the Kit -
sap Humane Society or other agency or organiza-
tion designated as the animal control authority in
an animal control services agreement.
(3) "Abandonment" means the owner has left
the animal for a period of 24 hours without making
effective provisions for its proper care.
(4) "Adequate shelter" means a moisture proof
and wind proof structure that allows the animal to
turn around freely, sit easily, stand and lie nor-
mally, and that keeps the animal clean, dry and
comfortable.
(5) "At large" is off the premises of the owner
or keeper of the dog, or animal, and not under
restraint by leash or chain or not otherwise con-
trolled by a competent person.
(6) "Boarding kennel" means a commercial
establishment with the purpose of keeping, caring
for, and/or boarding dogs and or cats. No animals
shall be offered for sale and no breeding for com-
mercial sale shall occur on the premises.
(7) "Cat" is a female, spayed female, male, or
neutered male cat.
(8) "Commercial kennel" means an establish-
ment for the breeding and/or sale of dogs and/or
cats.
(9) "Court" means Port Orchard municipal
court.
(10) "Dangerous" means an animal that,
according to the records of the animal control
authority, (a) has inflicted severe injury on a
human without provocation while on public or pri-
vate property, (b) has killed a domestic animal
without provocation while off the owner's prop-
erty, or (c) has been previously found to be poten-
tially dangerous. (The owner has received notice of
such potential and the animal subsequently aggres-
sively bites, attacks or endangers the safety of
humans or domestic animals.) This definition shall
not include a police dog as defined in RCW
4.24.410.
(11) "Dog" is a female, spayed female, male or
neutered male dog.
(12) "Dog handler" means a law enforcement
officer who has successfully completed training as
prescribed by the Washington State Criminal Jus-
tice Training Commission in police dog handling.
(13) "Domestic livestock" means any male or
female hoofed animal.
(14) "Grooming parlor" means any place,
establishment, store or department of any store,
that handles live dogs and/or cats and offers to
bathe, trim, or groom the animal in any manner.
(15) "Hobby kennel" means a noncommercial
residential kennel with the purpose of keeping dogs
and or cats owned by one individual. A hobby ken-
nel is limited to a maximum of 10 dogs and/or cats.
(16) "Inhumane treatment" means every act,
omission, or neglect whereby unnecessary or
unjustified physical pain or suffering is caused or
permitted.
(17) "Local law enforcement officer" means
the police chief or his/her designee.
(18) "Neglect" means the failure to provide
proper food, potable water, adequate shelter,
opportunity for exercise, or other care normal,
usual, and proper for an animal's health and well
being.
(19) "Owner" is any person, firm, or corpora-
tion owning, having an interest in or having control
or custody or possession of any animal.
(20) "Pet shop" is any place, establishment,
store, or department of any store, that handles live
animals, including dogs, cats, rabbits, birds, rep-
tiles, other fowl, or fish, and offers to sell or rent to
the public such animals at retail or wholesale.
(21) "Police dog" means a dog used by a law
enforcement agency specially trained for law
enforcement work and under the control of a dog
handler.
(22) "Provocation" means teasing, taunting,
striking or other like action, or the unauthorized
entry onto the premises where an animal is kept.
(23) "Potentially dangerous" means an animal
that, when unprovoked:
7-3 (Revised 6/99)
7.04.020
(a) Chases or approaches a person upon the
streets, sidewalks or any other public grounds in a
menacing fashion or apparent attitude of attack;
(b) Causes injury to or otherwise threatens
the safety of a human or domestic animal; or
(c) Inflicts a bite upon a human or domestic
animal either on public or private property.
(24) "Secure enclosure" means a chain link
enclosure consisting of secure sides and a secure
top, or if without top, having sides which are at
least eight feet high, and with a floor permanently
attached to the sides, or having sides which are
embedded at least one foot into the ground, and
which is constructed of such material and closed in
such manner that the animal(s) cannot exit on their
own.
(25) "Severe injury" means any physical injury
that results in broken bones or disfiguring lacera-
tions requiring multiple sutures or cosmetic sur-
gery.
(26) "Stray" is any animal loitering in a neigh-
borhood or any public place without an apparent
owner or home.
(27) "Under control" means the animal is under
voice and/or signal control so as to be thereby
restrained from approaching any bystander or other
animal or from causing or being the cause of phys-
ical or property damage when off a leash or off the
premises of the owner.
(28) The present tense shall include the past and
future tenses, and the future, the present. Each gen-
der shall include all genders. The singular number
shall include the plural and the singular.
Whenever a power is granted to or a duty is
imposed upon the humane society, poundmaster or
other public officer, the power may be exercised or
the duty may be performed by a deputy of the
officer or by a person authorized pursuant to the
law by the officer unless this chapter expressly pro-
vides otherwise. (Ord. 1750 § 2, 1999).
Chapter 7.04
ANIMAL CONTROL
Sections:
7.04.020 Animal running at large.
7.04.030 Injury to property by an animal.
7.04.040 Animal chasing vehicles.
7.04.050 Animal howling and barking.
7.04.060 Stray animal.
7.04.070 Female dog or female cat in heat.
7.04.080 Keeping of livestock animals.
7.04.090 Injured or diseased animals.
7.04.100 Cruelty to animals.
7.04.110 Animal waste.
7.04.120 Horses on sidewalks prohibited.
7.04.130 Public nuisance — Violation.
7.04.140 Witnessing violations — Impoundment
— Citations.
7.04.150 Violation — Penalty — Misdemeanor.
7.04.160 Violation — Penalty — Class C felony.
7.04.170 Violation — Penalty — Civil infraction.
7.04.180 Violations — Abatement.
7.04.020 Animal running at large.
It is unlawful for the owner or person having
control of any animal, excluding cats, to suffer or
permit under any circumstances the same, whether
licensed or not, to run at large. Any animal so stray-
ing or trespassing is a public nuisance and shall be
immediately seized and impounded; provided, that
this section shall not prohibit a person from walk-
ing or exercising such animal when such animal is
on a leash or under control by a competent person,
and proper safeguards are taken to protect public
and private property, and the public, from injury or
damage from such animal. (Ord. 1750 § 3, 1999).
7.04.030 Injury to property by an animal.
It is unlawful for any owner to suffer or permit
any animal to trespass on private or public property
so as to damage or destroy any property or thing of
value, and the same is a nuisance and any such ani-
mal may be seized and impounded. (Ord. 1750 § 3,
1999).
7.04.040 Animal chasing vehicles.
It is unlawful for any owner keeping or harbor-
ing any dog to suffer or permit such dog to chase,
run after or jump at vehicles using the public
(Revised 6/99) 7-4
Port Orchard Municipal Code
7.04.100
streets, avenues, alleys and ways within the city,
and the same is a nuisance and any such dog may
be seized and impounded. (Ord. 1750 § 3, 1999).
7.04.050 Animal howling and barking.
It is unlawful for an owner or keeper of any ani-
mal to harbor, maintain or keep such animal which,
by frequent or habitual howling, barking, yelping
or other noises, unreasonably annoys or disturbs
one or more persons in a neighborhood. Any such
animal is a nuisance and may be seized and
impounded. (Ord. 1750 § 3, 1999).
7.04.060 Stray animal.
Any stray animal running at large within the city
is a nuisance, and any such stray animal may be
seized and impounded.
The city police, or the authorized agent of the
city, before picking up any animal under this sec-
tion, may require the complainant requesting such
impounding first to apprehend and secure such ani-
mal. The complainant shall sign a release at the
time such animal is picked up.
It shall be the duty of each and every person who
takes into his possession or custody any stray ani-
mal not placed in his custody by the person having
lawful ownership, custody or control thereof at
once to notify Port Orchard police department
and/or the animal control authority giving a
detailed description of the animal. In the event the
rightful owner is unknown, and the person having
possession or custody of the stray animal desires to
assume ownership of the stray animal, they may do
so after notifying the animal control authority and
obtaining a license, if one is required for the type of
animal found. If the owner of the animal is known
or comes forward to identify themself as the owner
of the animal, it is unlawful to refuse to release
such animal to an officer of the Port Orchard police
department, the animal control authority or rightful
owner of the animal upon demand and without
charge. Every effort must be made by the person
finding the stray animal and the animal control
authority to identify the rightful owner. (Ord. 1750
§ 3, 1999).
7.04.070 Female dog or female cat in heat.
It is unlawful for any owner or keeper of any
female dog or female cat to allow or permit such
animal to be or to run at large while in heat,
whether or not such animal is licensed, and any
such animal so running at large during such period
is a nuisance and may be seized and impounded.
It is further unlawful to tie, chain or otherwise
leave unattended and not under the control of com-
petent person, on the premises of the owner of
keeper, whether or not such premises are fenced,
such female dog or female cat in heat.
It is further unlawful to fail to keep such female
dog or female cat while in heat confined within the
residence of the owner or keeper, or confined
within such other building or structure that is dog -
proof or cat -proof.
If such female dog or female cat, during said
heat period attracts male dogs or male cats so as to
cause a nuisance or disturbance in the neighbor-
hood, the owner or keeper of such animal may be
required to place the animal in a veterinary hospital
or boarding kennel, or otherwise to remove the ani-
mal from the neighborhood, and it is unlawful to
fail or refuse to do so. (Ord. 1750 § 3, 1999).
7.04.080 Keeping of livestock animals.
It is unlawful for an owner or keeper of all live-
stock animals such as goats, horses, mules, cattle,
swine, or other hoofed livestock to keep it or them
upon property less than one acre, or house, corral
or pen it or them in an area less than 50 feet from
any adjacent property line. (Ord. 1750 § 3, 1999).
7.04.090 Injured or diseased animals.
Any animal suffering from serious injury or dis-
ease may be humanely destroyed at the discretion
of an officer of Port Orchard police department or
of the animal control authority. The owner of the
animal shall be notified of such action if the animal
is wearing a license tag or identification tag, or if
the owner or keeper is otherwise known. (Ord.
1750 § 3, 1999).
7.04.100 Cruelty to animals.
Any person who is in any manner or by any
means guilty of any cruelty to any animal is guilty
of a misdemeanor unless otherwise set forth.
Examples of cruelty for the purpose of this section
is as follows (this list is not intended as or to be
interpreted as an inclusive limited list):
(1) Willfully and inhumanely injure or kill any
animal by any means;
7-5 (Revised 6/99)
7.04.110
(2) Negligently or intentionally cause or fail to
alleviate any pain, suffering or injury of any ani-
mal;
(3) Willfully and maliciously lay out, leave or
expose any poison intended for animals or fowl on
any premises, or aid or abet any person in so doing,
unless in accordance with the provisions of RCW
16.52.190;
(4) Abandon any animal by leaving the animal
on the street, road or highway or in any other public
place or on the private property of another;
(5) Confine an animal within a motor vehicle
under conditions that may endanger the health or
well being of the animal, including but not limited
to extreme temperatures or lack of food or water.
Any animal control or police officer is authorized
to remove an animal from a motor vehicle, at any
location, when the officer reasonably believes the
animal is confined in violation of this section. An
animal so removed shall be delivered to the animal
control shelter of the animal control authority. The
removing officer shall leave written notice of the
removal and delivery, including the officer's name
in a conspicuous, secure location on or within the
vehicle; or
(6) Transport an animal in the open bed of a
pickup truck; provided, that an owner may trans-
port an animal in the bed of a pickup truck where
the animal is in a kennel and the kennel is secured
in such a manner so as to prevent injury to the ani-
mal pursuant to RCW 46.61.660.
(7) Any person entering a dog in a dog fight is
guilty of a Class C felony, by confinement in a state
correctional institution for five years, or by a fine
in an amount fixed by the court of $10,000, or by
both such confinement and fine. (Ord. 1750 § 3,
1999).
7.04.110 Animal waste.
(1) It shall be unlawful for the owner or person
having charge of any animal to permit, either will-
fully or by failure to exercise due care, such animal
to commit a public nuisance by defecating in any
area of the city other than the premises of the owner
or person having charge or control of the animal,
unless said owner or person having charge takes
immediate steps to remove and properly dispose of
said feces.
(2) It shall be unlawful for the owner or person
having charge of any animal, to take said animal,
off of the private property of said person without
having in the possession of the owner or person
having charge of the animal, a proper means of dis-
posal for the feces of the animal.
(3) Disposal is defined, for the purpose of this
section, as the removal of feces by means of a bag,
scoop or other device and an eventual disposal in a
trash receptacle, by burying or by other means of
lawful disposal. (Ord. 1750 § 3, 1999).
7.04.120 Horses on sidewalks prohibited.
It is unlawful for any person to ride, lead or
allow any horse, mare, pony, or similar hoofed ani-
mal on any sidewalk within the city of Port
Orchard. (Ord. 1750 § 3, 1999).
7.04.130 Public nuisance — Violation.
An animal involved in any violation of any por-
tion of this section is declared to be a public nui-
sance, and may be impounded and held in
accordance with the provisions of this section.
It is a violation of this section for any owner to
fail to exercise proper care and control of their ani-
mal to prevent it from becoming a public nuisance.
(Ord. 1750 § 3, 1999).
7.04.140 Witnessing violations —
Impoundment — Citations.
Any officer of Port Orchard police department
or of the animal control authority, upon personally
witnessing any violation of the provisions of this
chapter, may enter onto the premises of the owner
or keeper of such dog, cat or other animal and,
without court order, may seize and impound such
animal if the owner or keeper of the animal cannot
be contacted at the residence, or if such owner or
keeper refuses or fails to abate such nuisance
immediately; provided, that nothing herein con-
tained shall be construed to allow or permit such
officer to enter the dwelling of the owner or keeper,
without such owner's or keeper's permission, to
seize and impound such animal.
Any officer of Port Orchard police department
or of the animal control authority, upon personally
witnessing any violation of the provisions of this
chapter, may issue an arrest citation to the owner or
keeper of the animal. (Ord. 1750 § 3, 1999).
7.04.150 Violation — Penalty — Misdemeanor.
Any person violating POMC 7.04.100(1)
through (6) shall be guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine
(Revised 6/99) 7-6
Port Orchard Municipal Code
7.06.020
of $1,000 or be imprisoned in the county jail for a
period not to exceed 90 days or by both such fine
and imprisonment. For each violation of this chap-
ter of a continuing nature, each day of violation
may be considered a separate offense. (Ord. 1750
§ 3, 1999).
7.04.160 Violation — Penalty — Class C felony.
Any person violating POMC 7.04.100(7) shall
be guilty of a Class C felony and upon conviction
thereof shall be confined in a state correctional
institution for five years, or by a fine in an amount
fixed by the court of $10,000, or by both such con-
finement and fine. (Ord. 1750 § 3, 1999).
7.04.170 Violation — Penalty — Civil
infraction.
Any person violating any provisions of this
chapter, excluding POMC 7.04.100, or who cre-
ates, keeps or maintains a nuisance as defined in
this chapter is guilty of a civil infraction. The fine
for any infraction shall be $40.00 for the first vio-
lation, $75.00 for the second infraction committed
within one year and $100.00 for the third and sub-
sequent infractions committed within one year.
Each and every day or portion thereof in which an
infraction is committed shall constitute a separate
and distinct infraction. (Ord. 1750 § 3, 1999).
7.04.180 Violations — Abatement.
(1) In addition to fines, persons violating this
chapter may be ordered by the court to abate or
remove the animal. Furthermore, upon determin-
ing the animal is vicious or dangerous, the court
may order the animal destroyed. If the violator
does not carry out the court's order within 24
hours, a court authorized officer shall do the same.
Any order to remove, abate, or destroy shall be
entered into the record and made part of the judg-
ment.
(2) Violators shall be liable for all costs of car-
rying out the court's order when performed by an
officer, such costs to be taxed as part of the prose-
cution costs. Officers who carry out the court order
shall keep an accounting of the costs. In addition to
the powers herein given to collect such costs, the
city may bring suit for costs in a competent court
against the violator. (Ord. 1750 § 3, 1999).
Chapter 7.06
DANGEROUS ANIMALS
Sections:
7.06.010
Exemptions.
7.06.020
Declaring an animal as potentially
dangerous — Levels of violation.
7.06.030
Failure to control an animal declared
potentially dangerous — Declaration of
an animal as dangerous.
7.06.040
Registration of a dangerous animal.
7.06.050
Public nuisance — Violation.
7.06.060
Witnessing violations — Impounded —
Citations.
7.06.070
Violation — Penalty — Misdemeanor.
7.06.080
Violation — Penalty — Civil infraction.
7.06.090
Violations — Abatement.
7.06.010 Exemptions.
Police dogs handled by a registered/certified
handler shall be exempt from provisions set forth
in this chapter. (Ord. 1750 § 4, 1999).
7.06.020 Declaring an animal as potentially
dangerous — Levels of violation.
(1) Declaration of an Animal as Potentially
Dangerous. The animal control authority has the
authority to declare an animal potentially danger-
ous in any of the levels described as follows:
(a) Level 1. An animal is Level 1 potentially
dangerous when without provocation it chases or
approaches a person upon the streets, sidewalks, or
other public property in a menacing fashion or
apparent attitude of attack;
(b) Level 2. An animal is Level 2 potentially
dangerous when it causes injury to or otherwise
threatens the safety of a human or domestic animal;
(c) Level 3. An animal is Level 3 potentially
dangerous when it bites a human or domestic ani-
mal, either on public or private property.
An animal shall not be declared Level 2 or Level
3 potentially dangerous if the threat, injury or bite
is sustained by a person who, at the time, was com-
mitting a willful trespass or other sort upon the pre-
mises occupied by the owner of the animal, or was
tormenting, abusing, or assaulting the animal or
has in the past been observed or reported to have
tormented, abused, or assaulted the animal or was
committing or attempting to commit a crime.
7-7 (Revised 6/99)
7.06.020
(2) Restraint of Potentially Dangerous Animal.
Potentially dangerous animals shall be restrained
in the following manner:
(a) A Level 1 potentially dangerous animal,
whenever outside the owner's residence and not on
a leash, shall be restrained by a physical device or
structure that prevents the animal from reaching a
public sidewalk, easement, right-of-way, road, or
adjoining property and must be located where the
animal does not interfere with legal access to the
owner's property; and
(b) A Level 2 potentially dangerous animal
must comply with the restrictions on a Level 1
potentially dangerous animal, and in addition, the
animal control authority may require the owner to
obtain and maintain proof of public liability insur-
ance. The owner may be required to complete a
responsible pet ownership program administered
by the animal control authority. All costs associ-
ated with the program shall be paid by the owner;
and
(c) A Level 3 potentially dangerous animal
shall be confined within a secure enclosure when-
ever the animal is not inside the owner's residence.
The secure enclosure must be located where it does
not interfere with the public's legal access to the
owner's property. In addition, the animal control
authority may require the owner to obtain and
maintain proof of public liability insurance. The
owner shall not permit the animal to be outside the
secure enclosure or off the owner's property unless
the animal is muzzled and restrained by an ade-
quate leash and under the control of a capable per-
son. In addition, the owner must complete a
responsible pet ownership program administered
by the animal control authority. All costs associ-
ated with the program shall be paid by the owner.
(3) Notice. When the animal control authority
determines that an animal is potentially dangerous,
the animal control authority shall notify the owner
and city clerk in writing that the animal has been
declared potentially dangerous. The notice shall
contain a description of the animal, the name and
address of the animal's owner, if known, a brief
summary of the facts upon which the declaration is
based, a statement of any restrictions placed on the
animal as a consequence of the declaration, a state-
ment of the penalties for further violations, and a
notice of the right to appeal the declaration, includ-
ing a statement of the deadline for the appeal.
(4) Service of Notice. The animal control
authority shall personally serve or mail the written
declaration of a potentially dangerous animal to the
owner and the city clerk. If the owner is unknown,
the animal control authority shall make reasonable
efforts to locate and notify the owner of the decla-
ration.
(5) Appeal of Declaration of Potentially Dan-
gerous Animal. The owner of an animal declared
potentially dangerous shall have 10 calendar days
from receipt of the written declaration to appeal the
declaration. The owner's appeal must be in writing
and must be filed as follows:
(a) Appeal to Level 1 must be in writing and
filed with the city clerk. Upon receiving the written
notice of appeal, the city clerk shall schedule an
appeal hearing and provide written notice of the
hearing to the appellant and the animal control
authority. At the hearing, the animal control
authority shall have the burden of proving that the
animal is potentially dangerous by a preponder-
ance of the evidence. The city clerk shall issue a
written decision to the appellant that either sustains
or reverses the animal control authority's declara-
tion. The decision shall be the final decision of the
city clerk. If the declaration is sustained, the appel-
lant shall be notified of the right to an appeal to the
municipal court; and
(b) Appeal to Level 2 and 3 must be in writ-
ing and filed with the city clerk. Upon receiving the
written notice of appeal, the city clerk shall sched-
ule an appeal hearing before the city of Port
Orchard animal appeal board and provide written
notice of the hearing to the appellant and the ani-
mal control authority. At the hearing, the animal
control authority shall have the burden of proving
that the animal is potentially dangerous by a pre-
ponderance of the evidence. The animal appeal
board shall issue a written decision to the appellant,
which either sustains or reverses the animal control
authority's declaration. The decision shall be the
final decision of the animal appeal board. If the
declaration is sustained, the appellant shall be noti-
fied of the right to an appeal to the municipal court.
(6) Appeal of Decision of the City Clerk and/or
Animal Appeal Board. The owner of an animal
declared potentially dangerous may appeal the
decision of the city clerk or animal appeal board. A
written appeal shall be filed with the clerk of the
(Revised 6/99) 7-8
Port Orchard Municipal Code
7.06.030
municipal court within 14 calendar days after the
date of the city clerk or animal appeal board deci-
sion.
(7) Court Hearing. Upon receiving a written
appeal from the owner(s) of an animal declared
potentially dangerous, the clerk of the municipal
court shall promptly set a date for hearing the
appeal. Written notice of the time, date and place of
the hearing shall be delivered or mailed at least 10
working days prior to the hearing to the appellant
and to the animal control authority.
(8) Court Decision. If the court overrules the
decision of the city clerk or animal appeal board,
the declaration shall be rescinded and any restric-
tions imposed shall be removed, court costs shall
not be assessed against either party. If the court
sustains the decision of the city clerk or animal
appeal board, the court shall award the city its addi-
tional court costs, including attorneys' fees, and
may impose additional restrictions on the animal.
(9) Change of Ownership, Custody or Resi-
dence. The owner(s) of an animal that has been
declared potentially dangerous who sells or other-
wise transfers the ownership, custody or residence
of the animal, shall within 10 working days of the
change, inform the animal control authority in
writing of the name, address and telephone number
of the new owner, the new address where the ani-
mal is located and the name, description and
license number of the animal. The owner shall
notify the new owner in writing of the details of the
animal's record relating to the declaration that the
animal is potentially dangerous, and the terms and
conditions of the declaration. The owner shall also
provide the animal control authority with a copy of
the written notification, which shall contain a nota-
rized statement by the new owner acknowledging
receipt of the notice. (Ord. 1750 § 4, 1999).
7.06.030 Failure to control an animal
declared potentially dangerous —
Declaration of an animal as
dangerous.
(1) Violation. After an animal is declared
potentially dangerous pursuant to this chapter, the
owner of the potentially dangerous animal shall be
guilty of a violation of this chapter if the animal
runs at large, chases, or approaches a person upon
the streets, sidewalks, or other public grounds in a
menacing fashion or apparent attitude of attack,
causes injury to or otherwise threatens the safety of
a human or domestic animal, or bites a human or
domestic animal. This section shall not preclude
criminal prosecution under RCW 16.05.100(3) in a
first -bite situation causing severe injury or death to
a human.
(2) Declaration of an Animal as Dangerous.
The animal control authority has the authority to
declare an animal dangerous. If the owner of a
potentially dangerous animal is found guilty of vio-
lating this section, the court shall make a further
determination as to whether the animal should be
declared dangerous. Pursuant to RCW 16.08.090
(3), animals shall not be declared dangerous if the
threat, injury, or damage was sustained by a person
who, at the time, was committing a willful trespass
or other sort upon the premises occupied by the
owner of the animal or was tormenting, abusing or
assaulting the animal or has, in the past, been
observed or reported to have tormented, abused, or
assaulted the animal or was committing or attempt-
ing to commit a crime.
(3) Notice. When the animal control authority
determines that an animal is dangerous, the animal
control authority shall notify the owner in writing
that the animal has been declared dangerous. The
notice shall contain a description of the animal, the
name and address of the animal's owner, if known,
a brief summary of the facts upon which the decla-
ration is based, a statement of any restrictions
placed on the animal as a consequence of the dec-
laration, a statement of the penalties for further vio-
lations, and notice of the right to appeal the
declaration, including a statement of the deadline
for the appeal.
(4) Service of Notice. The animal control
authority shall personally serve or mail its written
declaration of a dangerous animal to the owner. If
the owner is unknown, the animal control authority
shall make reasonable effort to locate and notify
the owner of the declaration.
(5) Court Decision. If the court overrules the
decision of the city clerk or animal appeal board,
the animal control authority's declaration shall be
rescinded and any restrictions imposed shall be
removed, court costs shall not be assessed against
either party. If the court sustains the decision by the
city clerk or animal appeal board, the court shall
award the city its additional court costs, including
attorneys' fees, and may impose additional restric-
tions on the animal. (Ord. 1750 § 4, 1999).
7-9 (Revised 6/99)
7.06.040
7.06.040 Registration of a dangerous animal.
(1) Registration Required. The owner of an ani-
mal declared to be dangerous by the animal control
authority or by a court shall register the dangerous
animal with the animal control authority pursuant
to RCW 16.08.080 within 30 days of the date the
animal is declared dangerous. Thereafter, the
owner of the dangerous animal shall register the
animal annually before or during the month of July.
(2) Registration Expiration. Certificates of reg-
istration for dangerous animals shall expire on June
30th of each year.
(3) Registration Fee. The annual registration
fee for a dangerous animal is $100.00. This regis-
tration fee is in addition to regular licensing fees.
The initial registration fee shall be prorated accord-
ing to the number of months remaining in the reg-
istration year.
(4) Certificate of Registration Application. An
application to obtain a certificate of registration of
a dangerous animal shall contain the following
information.
(a) Name, address and, telephone number of
the applicant owner; and
(b) Type, name, age, color, sex, and distin-
guishing characteristics of the animal; and
(c) A diagram to approximate scale, show-
ing the secure enclosure proposed to confine the
dangerous animal; and
(d) Evidence of the posting of the owner's
premises with a clearly visible warning sign that
there is a dangerous dog on the property, and a con-
spicuously displayed sign with a warning symbol
that informs children of the presence of a danger-
ous dog; and
(e) Pursuant to RCW 16.08.080, sufficient
proof of a surety bond issued by a surety qualified
under Chapter 48.28 RCW in the amount of at least
$1,000,000; and
(f) Sufficient proof of a liability insurance
policy in the amount of at least $500,000 insuring
the applicant owner for personal injuries inflicted
by the dangerous animal.
(5) Pre -Certificate On -Site Inspection. An
employee of the animal control authority shall
make an on -site inspection of the applicant's site
for keeping the dangerous animal to ensure that the
site is properly enclosed and posted. The inspec-
tion shall occur within 30 days of the animal being
declared dangerous.
(6) Noncompliance. In the event the owner
and/or keeper of a dangerous animal fails to com-
ply with the requirements of this section and/or
RCW 16.08.080 for registering a dangerous ani-
mal, the animal control authority can take immedi-
ate action pursuant to RCW 16.08.100. Rules and
regulations for notifying owners and/or keepers of
the confiscation of registered dangerous animals
shall be formulated by the animal control authority.
(7) Issuance of Certificate of Registration. The
city shall issue the certificate of registration, if the
registration fee is paid and the application and site
inspection show that the applicant meets the
requirements of this section and applicable state
law. The certificate of registration shall be promi-
nently displayed by the owner of the dangerous
animal in an appropriate location visible to the gen-
eral public.
(8) Annual Inspections. Prior to the renewal of
a certificate of registration, the animal control
authority shall inspect the premises where the dan-
gerous animal is kept at a time mutually convenient
to both the animal control authority and the owner
of the dangerous animal. The purpose of the annual
inspection shall be to ascertain that the site remains
in compliance with this section. The inspection
shall occur during the month of June before the
expiration of the dangerous animal registration.
Failure to cooperate in the inspection may result in
further action pursuant to RCW 16.08.100 and sub-
section (6) of this section.
(9) Change of Ownership Prohibited. An owner
of an animal declared dangerous shall not sell or
otherwise transfer the ownership, custody or resi-
dence of the animal without first obtaining a writ-
ten court order authorizing the transfer. An owner
or keeper seeking court approval shall notify the
animal control authority of his intent. In determin-
ing whether to grant or deny approval, the court
shall consider the following criteria:
(a) The information set forth in POMC sub-
section (4) of this section; and
(b) Any previous violations of this title by
the proposed new owner; and
(c) The facilities proposed to contain the
animal at its new site; and
(d) The characteristics of the neighborhood
surrounding the proposed new owner's premises,
i.e., number of children, schools, day care facili-
ties, etc. (Ord. 1750 § 4, 1999).
(Revised 6/99) 7-10
Port Orchard Municipal Code
7.06.090
7.06.050 Public nuisance — Violation.
An animal involved in any violation of any por-
tion of this section is declared to be a public nui-
sance, and may be impounded and held in
accordance with the provisions of this section.
It is a violation of this section for any owner to
fail to exercise proper care and control of their ani-
mal to prevent it from becoming a public nuisance.
(Ord. 1750 § 4, 1999).
7.06.060 Witnessing violations — Impounded —
Citations.
Any officer of Port Orchard police department
or of the animal control authority, upon personally
witnessing any violation of the provisions of this
chapter, may enter onto the premises of the owner
or keeper of such dog, cat, or other animal and,
without court order, may seize and impound such
animal if the owner or keeper of the animal cannot
be contacted at the residence, or if such owner or
keeper refuses or fails to abate such nuisance
immediately; provided, that nothing herein con-
tained shall be construed to allow or permit such
officer to enter the dwelling of the owner or keeper,
without such owner's or keeper's permission, to
seize and impound such animal.
Any officer of Port Orchard police department
or of the animal control authority, upon personally
witnessing any violation of the provisions of this
chapter, may issue an arrest citation to the owner or
keeper of the animal. (Ord. 1750 § 4, 1999).
7.06.070 Violation — Penalty — Misdemeanor.
Any person violating POMC 7.06.020,
7.06.030, and 7.06.040 shall be guilty of a misde-
meanor and upon conviction thereof shall be pun-
ished by a fine of $1,000 or be imprisoned in the
county jail for a period not to exceed 90 days or by
both such fine and imprisonment. For each viola-
tion of this chapter of a continuing nature, each day
of violation may be considered a separate offense.
(Ord. 1750 § 4, 1999).
7.06.080 Violation — Penalty — Civil
infraction.
Any person violating any provisions of this
chapter, excluding POMC 7.06.020, 7.06.030, and
7.06.040, or who creates, keeps or maintains a nui-
sance as defined in this chapter is guilty of a civil
infraction. The fine for any infraction shall be
$40.00 for the first violation, $75.00 for the second
infraction committed within one year and $100.00
for the third and subsequent infractions committed
within one year. Each and every day or portion
thereof in which an infraction is committed shall
constitute a separate and distinct infraction. (Ord.
1750 § 4, 1999).
7.06.090 Violations — Abatement.
(1) In addition to fines, persons violating this
chapter may be ordered by the court to abate or
remove the animal. Furthermore, upon determin-
ing the animal is vicious or dangerous, the court
may order the animal destroyed. If the violator
does not carry out the court's order within 24
hours, a court authorized officer shall do the same.
Any order to remove, abate, or destroy shall be
entered into the record and made part of the judg-
ment.
(2) Violators shall be liable for all costs of car-
rying out the court's order when performed by an
officer, such costs to be taxed as part of the prose-
cution costs. Officers who carry out the court order
shall keep an accounting of the costs. In addition to
the powers herein given to collect such costs, the
city may bring suit for costs in a competent court
against the violator. (Ord. 1750 § 4, 1999).
7-11 (Revised 6/99)
7.08.010
Chapter 7.08
IMPOUNDING
Sections:
7.08.010
Kitsap County Humane Society —
Appointed animal control authority.
7.08.020
Animal control authority — Duties.
7.08.030
Animal control authority employees to
be special police.
7.08.040
Interference with animal
impoundment.
7.08.050
Notice of animal impounding.
7.08.060
Redemption of dog, cat, or other
domestic animal, excluding livestock.
7.08.070
Redemption of horses, cows, goats or
other domestic livestock.
7.08.080
Sale of unclaimed horse, cow, goat or
other domestic livestock.
7.08.090
Disposal of wild domestic dogs or cats
caught in traps.
7.08.100
Disposition of sick or injured animals.
7.08.010 Kitsap County Humane Society —
Appointed animal control authority.
The Kitsap County Humane Society, a corpora-
tion existing under RCW 16.52.020, is appointed
as agent of the Port Orchard police department, and
shall henceforth be, and is, designated the official
animal control authority for the city. (Ord. 1750
§ 5, 1999).
7.08.020 Animal control authority — Duties.
The animal control authority, as an agent of the
Port Orchard police department, shall enforce Port
Orchard ordinances and statutes of the state relat-
ing to the care, treatment, control, impounding,
licensing and quarantining of animals. The animal
control authority shall provide impounded animals
with proper care, feed and water while so confined,
shall collect and dispose of all dead dogs and dead
cats found on the city streets, alleys, sidewalks, and
other public areas, and if the owner is known, a rea-
sonable fee may be collected therefrom for such
services. Sick or injured animals may be
impounded when not in the custody, possession, or
control of the owner or keeper and may be
humanely destroyed at the discretion of the animal
control authority. The owner of such animal shall
be notified of such action if such animal is wearing
a license tag, identification tag, micro -chip implant
or tattoo or if the owner is otherwise known, and
the owner may be assessed the customary service
charge for such disposal. (Ord. 1750 § 5, 1999).
7.08.030 Animal control authority employees
to be special police.
Each employee of the animal control authority
over the age of 21 years may be made a special
police officer and charged with the duty of enforc-
ing animal control ordinances of the city and stat-
utes of the state as prescribed in POW 7.08.020,
but without pay from the city treasury. A special
police commission shall be issued to such employ-
ees by, and at the discretion of the chief of police
of the city, and may be revoked at will by the chief
of police, and when so revoked such appointment
shall cease and be null and void. (Ord. 1750 § 5,
1999).
7.08.040 Interference with animal
impoundment.
It is unlawful for any person to interfere with,
hinder, delay or impede any officer in the enforce-
ment of this chapter, and such violation is punish-
able by a fine not exceeding $300.00 or by
imprisonment in the city jail for a term not exceed-
ing 90 days, or by both such fine and imprison-
ment. (Ord. 1750 § 5, 1999).
7.08.050 Notice of animal impounding.
Upon any dog or other animal being impounded
under the provisions of this chapter, the animal
control authority shall, as soon as feasible, notify
the owner, if the owner is known, of the impound-
ing of such animal, and the terms upon which the
animal may be redeemed. If such animal is not
wearing a license tag or other identification, it shall
be the responsibility of the owner or keeper to
determine if the animal has been impounded. The
animal control authority shall make every effort to
identify and contact the owner. (Ord. 1750 § 5,
1999).
7.08.060 Redemption of dog, cat, or other
domestic animal, excluding
livestock.
The owner of any dog, cat or other domestic ani-
mal impounded pursuant to the provisions of this
chapter may redeem such animal within 96 hours
from the time of impounding by payment of any
unpaid licensing fee, plus an impound fee of
(Revised 6/99) 7-12
Port Orchard Municipal Code
7.08.100
$20.00, plus a kennel fee of $10.00 per day. If such
dog, cat, or other domestic animal is not redeemed
within 96 hours from the time of impounding, such
animal may at the discretion of the animal control
authority be adopted by another person or eutha-
nized. (Ord. 1750 § 5, 1999).
7.08.070 Redemption of horses, cows, goats or
other domestic livestock.
The owner of any horse, cow, goat or other
domestic livestock may redeem it within 96 hours
from the time of impounding by paying to the ani-
mal control authority an impound fee of $50.00 for
the first offense and a $15.00 boarding fee for each
day or part thereof that an animal is detained,
including the day impounded. The impoundment
fee will double with each offense; for example,
first offense $50.00, second offense $100.00, third
offense $200.00, etc. An additional fee of $75.00
shall be paid to the animal control authority for
transportation of larger animals requiring the use of
special equipment for impounding. (Ord. 1750 § 5,
1999).
7.08.080 Sale of unclaimed horse, cow, goat or
other domestic livestock.
Any horse, cow, goat or other domestic live-
stock not claimed and released upon required pay-
ment shall at the expiration of 96 hours be sold at
public auction upon notice published in the city
official newspaper setting forth a date, not less than
10 days from date impounded, time and place and
describing the animal with reasonable certainty
and stating the name of owner, if known, and if
unknown, so stating. A copy of such notice shall be
served upon the owner, if known to the animal con-
trol authority, and can be found in the city, at least
one day before the sale. The animal control author-
ity shall deduct from the proceeds of sale all
expenses of feeding and caring for the animal and
all expense of advertising and selling the same, and
shall retain the balance in reserve for six months
from date of sale, and if unclaimed at the expiration
of such period it shall revert to the animal control
authority for operation of the shelter. No such
money shall be paid any claimant except upon
proof satisfactory to the animal control authority
that they are entitled to the same. (Ord. 1750 § 5,
1999).
7.08.090 Disposal of wild domestic dogs or
cats caught in traps.
If it can be established to the satisfaction of the
animal control authority through information
received that the domestic dog or cat has been liv-
ing in the wild with no evidence of an owner, then
it may be deemed wild or feral and euthanized
immediately by the animal control authority. (Ord.
1750 § 5, 1999).
7.08.100 Disposition of sick or injured
animals.
Sick or injured animals may be euthanized prior
to the expiration of any redemption period if such
is in furtherance of the public health or necessary
to prevent unnecessary suffering. When reasonably
possible, the owner or keeper shall be notified prior
to any such disposition. (Ord. 1750 § 5, 1999).
7-13 (Revised 6/99)
7.12.010
Chapter 7.12
LICENSES
Sections:
7.12.010
Dog licenses required.
7.12.015
Cat licenses required.
7.12.020
Animal license fee.
7.12.030
Animal license due date.
7.12.040
Issuance of animal licenses.
7.12.050
Animal licenses nontransferable.
7.12.060
Lost animal tags.
7.12.070
Unlicensed dogs or cats impounded.
7.12.080
Proof of licensed dog.
7.12.090
Animal ownership restrictions.
7.12.010 Dog licenses required.
It is unlawful for any person, firm or corporation
to own, keep or have custody or control of any dog
over the age of six months in the city unless said
person, firm or corporation procures a license
therefor as hereinafter provided. Dogs becoming
six months of age during the year shall be licensed
as herein provided. Where a dog may be kept, or
how it may be kept, shall not affect the licensing
requirements. (Ord. 1750 § 6, 1999).
7.12.015 Cat licenses required.
It is unlawful for any person, firm or corporation
to own, keep or have custody or control of any cat
over the age of six months in the city unless said
person, firm or corporation procures a license
therefor as hereinafter provided. Cats becoming six
months of age during the year shall be licensed as
herein provided. Where a cat may be kept, or how
it may be kept, shall not affect the licensing
requirements. (Ord. 1750 § 6, 1999).
7.12.020 Animal license fee.
(1) There shall be no fee for licensing of neu-
tered male or spayed female dogs or cats. A certif-
icate or other signed statement of a licensed
veterinarian shall be required to establish that a
female dog or cat has been spayed or a male dog or
cat has been neutered.
(2) The license fee for each non -neutered male
dog or cat and for each nonspayed female dog or
cat shall be a one-time $75.00 charge.
(3) Canines that are trained and serving as a
seeing eye, guide, or service dogs, or actively
working police dogs, shall be licensed at no fee.
(Ord. 1750 § 6, 1999).
7.12.030 Animal license due date.
(1) All dog and cat licenses issued under this
chapter shall be due and payable upon the dog or
cat becoming six months of age and shall be valid
for the lifetime of the dog or cat.
(2) If the owner or keeper, firm, or corporation
fails to obtain a dog or cat license as required in
POMC 7.12.010 or 7.12.015, in addition to the reg-
ular fee as stated above, shall pay a penalty fee of
$25.00 for each dog license; provided, the owner or
keeper, firm or corporation shall not pay the pen-
alty fee if -
(a) The owner/keeper has been a resident of
the city 30 days or less; and
(b) The owner/keeper has owned, kept, been
in control of, or had custody of the dog or cat for 30
days or less; and
(c) The dog or cat, at the time of application
for license, is seven months of age or less; this
allows 30 days after due date. (Ord. 1750 § 6,
1999).
7.12.040 Issuance of animal licenses.
It shall be the duty of the city clerk, his or her
appointee or his or her authorized agent to issue
licenses to persons applying therefor, upon pay-
ment of the license fee, if required, as herein pro-
vided, and a tag for each dog or cat licensed. The
license shall be dated and numbered and shall bear
the name of Port Orchard, Washington, the name
and address of the owner or keeper of the dog or cat
licensed, the name of the dog or cat and a descrip-
tion of the dog or cat, including its age and sex. The
tag shall bear the name of Port Orchard, Washing-
ton, a serial number corresponding with the name
on the license. It shall be a violation of this chapter
for any owner or keeper of a dog to not have a sub-
stantial collar on the dog and attached firmly
thereto the license tag. (Ord. 1750 § 6, 1999).
7.12.050 Animal licenses nontransferable.
Dog or cat licenses as provided herein shall not
be transferable from one dog or cat to another.
(Ord. 1750 § 6, 1999).
(Revised 6/99) 7-14
Port Orchard Municipal Code
7.16.040
7.12.060 Lost animal tags.
Lost tags may be replaced by a substitute identi-
fication tag upon payment of $2.00 to the city
clerk, or authorized agent. (Ord. 1750 § 6, 1999).
7.12.070 Unlicensed dogs or cats impounded.
All dogs and cats not licensed hereunder are nui-
sances and may be seized and impounded; pro-
vided, that the provisions of this section shall not
apply to dogs brought into the city for the purpose
of participating in a dog show, nor to "seeing -eye"
dogs properly trained to assist blind persons, when
such dogs are actually being used by blind persons
for the purpose of aiding them in going from place
to place. (Ord. 1750 § 6, 1999).
7.12.080 Proof of licensed dog.
Proof of licensing and compliance of POW
7.12.010 shall be the responsibility of the owner of
the dog or cat. Any dog or cat that does not have a
proper current license will be presumed to be unli-
censed. (Ord. 1750 § 6, 1999).
7.12.090 Animal ownership restrictions.
The number of dogs or cats at a single-family
dwelling unit shall be restricted to a total of three
dogs and/or cats, except this restriction shall not
apply to owners or operators of a duly licensed
hobby kennel. A request for variance from owner-
ship restrictions, as stated in this section, may be
submitted to the city council. A variance request
must be based upon the existence of a situation by
which the restriction would create an undue hard-
ship. (Ord. 1750 § 6, 1999).
Chapter 7.16
PET SHOPS, ANIMAL SHELTERS AND
BOARDING KENNELS
Sections:
7.16.010 Pet shop and/or animal shelter/
boarding kennel — License required.
7.16.020 License expiration.
7.16.030 License fees.
7.16.040
Additional license fee.
7.16.050
Proration of license fee.
7.16.060
License application.
7.16.070
License issuance.
7.16.080
Operation requirements.
7.16.090
Facility requirements.
7.16.100
Inspections.
7.16.110
Revocation.
7.16.010 Pet shop and/or animal shelter/
boarding kennel — License required.
A pet shop, animal shelter, and/or boarding ken-
nel shall be licensed annually before or during the
month of July or within 30 days prior to com-
mencement of operation. (Ord. 1750 § 7, 1999).
7.16.020 License expiration.
Licenses issued pursuant to this section shall
expire on June 30th of each year. (Ord. 1750 § 7,
1999).
7.16.030 License fees.
License fees shall be as follows:
(1) Pet shop: $100.00 plus a $25.00 inspection
fee for new applications;
(2) Animal shelter: $100.00 plus a $25.00
inspection fee for new applications;
(3) Boarding kennel: $100.00 plus a $25.00
inspection fee for new applications. (Ord. 1750 § 7,
1999).
7.16.040 Additional license fee.
If a license is not obtained by July 31 st, there
shall be an additional license fee of $25.00. (Ord.
1750 § 7, 1999).
7-15 (Revised 6/99)
7.16.050
7.16.050 Proration of license fee.
Upon commencement of operation, the initial
license fee for a pet shop, animal shelter, and/or
boarding kennel shall be prorated according to the
number of months remaining in the license year.
(Ord. 1750 § 7, 1999).
7.16.060 License application.
A license application for a pet shop, animal shel-
ter, and/or boarding kennel shall be made to the
animal control authority and shall contain the fol-
lowing:
(1) Name, address, and telephone number of
the owner or operator of the facility, and the name
and address of the facility;
(2) The type of license sought and a brief
description of the magnitude and nature of the con-
templated operation;
(3) A written statement from:
(a) The city's planning department that the
proposed operation conforms to the city's uniform
building code and all other land use regulations;
(b) The city financial department confirm-
ing the proposed operation conforms to the city's
business license code; and
(c) The Kitsap County health district. (Ord.
1750 § 7, 1999).
7.16.070 License issuance.
The animal control authority shall issue the
license or renewal thereof if the license fee is paid,
if the application meets the requirements of POMC
7.16.060, and if, upon inspection, the operation or
contemplated operation meets or will meet the
requirements of POMC 7.16.010, 7.16.080 and
7.16.090. The license shall contain its expiration
date and shall be prominently displayed at the
place of operation. (Ord. 1750 § 7, 1999).
7.16.080 Operation requirements.
(1) Proper diet, fresh potable water, shelter, and
medical attention shall be provided to all animals.
(2) Food shall be stored in a fashion, which pre-
vents contamination or infestation.
(3) The facilities shall be maintained and oper-
ated in a healthful, sanitary manner free from dis-
ease, infestation and foul odors.
(4) Sick animals shall be isolated from healthy
animals in quarters adequately ventilated to pre-
vent contamination of healthy animals.
(5) Animals shall receive adequate food, water,
and care on days when the facility is not open for
business.
(6) Animals shall be immunized from disease
as is usual and customary for the animal's age and
species.
(7) Ownership of animal offered for sale: the
owner/manager of the pet shop shall maintain writ-
ten documentation of the source of all animals
offered on consignment or otherwise being sold for
compensation at a pet shop. Such documentation
shall include a copy of the valid commercial kennel
license for the source at time of breeding and dis-
bursement. Records of all animals, reptiles, fish, or
other animals offered for sale shall be readily avail-
able to enforcement and licensing agencies. (Ord.
1750 § 7, 1999).
7.16.090 Facility requirements.
(1) Animal housing facilities shall be structur-
ally sound, in good repair, designed to protect the
animals from injury and shall provide sufficient
security to contain the animals while preventing
entry of unwanted animals.
(2) The facilities shall include a washroom with
sinks for hot and cold running water.
(3) Indoor facilities shall:
(a) Be heated or cooled to protect the ani-
mals from temperatures to which they are not accli-
mated; and
(b) Be adequately ventilated; and
(c) Have interior walls, ceilings and floors,
which are sealed and are resistant to absorption of
moisture or odors; and
(d) Have flooring with an impervious sur-
face that can be sanitized and which slopes no less
than one-fourth inch to the foot; and
(e) Have a drainage system, which is con-
nected to a septic system or sanitary sewer to facil-
itate cleaning; and
(f) Provide housing properly designed for
each species to allow for adequate movement and
ability to stretch.
(4) Outdoor facilities shall:
(a) Provide shelter and protection from
adverse weather; and
(b) Provide sufficient room for adequate
exercise and movement; and
(c) Have flooring with an impervious sur-
face that can be sanitized; and
(Revised 6/99) 7-16
Port Orchard Municipal Code
7.20.030
(d) Have a drainage system, which is con-
nected to a septic system or sanitary sewer to facil-
itate cleaning.
(5) Provide housing properly designed for each
species. (Ord. 1750 § 7, 1999).
7.16.100 Inspections.
The animal control authority shall inspect exist-
ing or proposed pet shops and/or animal shelters in
connection with its licensing investigation and
when inspections are necessary to insure compli-
ance with this chapter. Inspections shall be made
during regular business hours. Copies of United
States Department of Agriculture documents relat-
ing to "exotic animals" shall be made available to
animal control authorities on request. (Ord. 1750
§ 7, 1999).
7.16.110 Revocation.
The animal control authority may revoke a
license issued pursuant to this chapter if the
licensed pet shop, boarding kennel, and/or animal
shelter is operating in violation of POW 7.16.010,
7.16.080, or 7.16.090. (Ord. 1750 § 7, 1999).
Chapter 7.20
HOBBY KENNELS
Sections:
7.20.010 Hobby kennel license required.
7.20.020 Limitations upon number of dogs/cats.
7.20.030 Hobby kennel application
process/procedure.
7.20.040
Hobby kennel fees.
7.20.050
Proration of license fee.
7.20.060
Public hearing required.
7.20.070
License application.
7.20.080 Inspections.
7.20.090 Revocation.
7.20.010 Hobby kennel license required.
Hobby kennels shall be licensed annually before
or on the first day of July or 30 days prior to com-
mencement of operation. Licenses shall expire on
June 30th of each year thereafter. (Ord. 1750 § 8,
1999).
7.20.020 Limitations upon number of
dogs/cats.
No hobby kennel shall have more than 10 dogs
or cats. (Ord. 1750 § 8, 1999).
7.20.030 Hobby kennel application
process/procedure.
Approval of a hobby kennel shall be a two-phase
process.
(1) Application for approval of hobby kennel
site shall be submitted to the city of Port Orchard,
in accordance with POW 7.20.060. The city
council shall hold a public hearing prior to com-
mencement of construction, operation of a hobby
kennel on any parcel of property within the incor-
porated city limits.
(2) Upon approval of the hobby kennel site
location, the applicant may submit an application
to the animal control authority. The animal control
authority shall issue the license or renewal thereof
if the license fee is paid, if the application meets the
requirements of POW 7.20.070, and if, upon
inspection, the existing or proposed hobby kennel
is compatible with the uses of property in the sur-
rounding area, would not create a burdensome
annoyance to those in the vicinity, and would not
cause a significant risk to health. In applying the
foregoing standards, the animal control authority
7-17 (Revised 6/99)
7.20.040
shall consider the layout and construction of the
hobby kennel, setbacks, fencing, screening, sound-
proofing and appropriate sanitation procedures to
prevent disease, infestation and foul odors. A
license may be issued subject to conditions in the
nature of physical alterations and improvements if
the conditions would bring the hobby kennel
within the foregoing standards. As a part of a
hobby kennel license, the licensee shall receive a
license tag for each dog or cat owned by the lic-
ensee. Such license tags shall be issued in accor-
dance with Chapter 7.12 POMC, including
payment of applicable licensing fees. (Ord. 1750
§ 8, 1999).
7.20.040 Hobby kennel fees.
(1) Application for approval of hobby kennel
site location shall be $250.00.
(2) The annual license fee for a hobby kennel
shall be $200.00 plus a $25.00 inspection fee for
new applications.
(3) Late Fee. There shall be an additional fee of
$25.00 if the license is not obtained by July 1 st of
each year or prior to commencement of operation.
(Ord. 1750 § 8, 1999).
7.20.050 Proration of license fee.
Upon commencement of operation, the initial
license fee for a hobby kennel shall be prorated
according to the number of months remaining in
the license year. (Ord. 1750 § 8, 1999).
7.20.060 Public hearing required.
(1) Prior to application for a hobby kennel
license, the property owner must submit an appli-
cation for approval of hobby kennel site location.
This application shall be submitted to the city clerk
and shall include the following information:
(a) Applicant's name and mailing address;
(b) Property owner's name and mailing
address (if different than applicant);
(c) Location address and tax parcel number;
(d) Property owner list. This shall be a list
containing the name, address, and tax parcel num-
ber of property owners within 300-foot radius of
subject property. Two sets of mailing labels with
name, address, and tax parcel number of each prop-
erty owner shown on the property owner list;
(e) Nature of hobby activity;
(f) Number of dogs and/or cats and their
breed;
(g) Site plan depicting the placement, set-
backs, and layout of the hobby kennel facility; and
(h) Information on fencing, screening,
soundproofing proposed hobby kennel facility, and
appropriate sanitation procedures to prevent dis-
ease, infestation, and foul odors.
(2) Upon receipt of a completed application the
city clerk shall set a date for public hearing before
the city council. Notice of such public hearing shall
be given to all property owners within 300-foot
radius of the subject property not less than 10 days
or more than 30 days prior to the date of hearing.
(3) At the public hearing the council shall con-
sider the facts of the proposal and facts pertaining
to the subject property or to properties adjacent to
or in the vicinity thereof. The council shall evaluate
the proposal for the purpose of determining if it is
in furtherance to the health, safety, peace, and gen-
eral welfare of the community.
(4) The council, within 30 days after the con-
clusion of the public hearing, shall take action on
the application. The action shall be one of the fol-
lowing:
(a) Approve hobby kennel site location.
Upon approval of the hobby kennel site location,
the applicant may submit an application for hobby
kennel license to the animal control authority. The
council may include conditions of approval, which
shall be met prior to issuance of a hobby kennel
license by the animal control authority.
(b) Disapprove hobby kennel site location.
(5) Appeal Process. 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 an aggrieved party files an appeal to
the superior court for a writ of certioriari, a writ of
prohibition or a writ of mandamus. The filing of
such appeal within such time shall stay the effec-
tive date of the order of the city council until such
time as the appeal shall have been adjudicated or
withdrawn. (Ord. 1750 § 8, 1999).
7.20.070 License application.
An application for a hobby kennel license shall
be made to the animal control authority and shall
contain at a minimum the following. Such informa-
tion shall be of a specific nature to allow determi-
nation of the following:
(1) The name, address, and telephone number
of the applicant;
(Revised 6/99) 7-18
Port Orchard Municipal Code
7.22.010
(2) A diagram in approximate scale showing
the property and structures for which the license is
sought;
(3) A diagram of the kennel facility;
(4) A description of the uses to which the prop-
erties surrounding the proposed hobby kennel are
devoted;
(5) The number and breeds of dogs and/or cats
for which the license is sought;
(6) Letter from city of Port Orchard confirming
approval of site location; and
(7) Any other pertinent information as pre-
scribed by the animal control authority. (Ord. 1750
§ 8, 1999).
7.20.080 Inspections.
Prior to the issuance of a hobby kennel license
or any renewal thereof, the animal control author-
ity shall inspect the applicant's premises at a mutu-
ally convenient time. The purpose of the inspection
shall be to determine if the hobby kennel does or
can maintain the standards set forth in POW
7.20.030(2) and/or specific requirements set by the
city council or animal control authority during the
public hearing or license application process. (Ord.
1750 § 8, 1999).
7.20.090 Revocation.
(1) The animal control authority may revoke a
hobby kennel license if the hobby kennel is operat-
ing in violation of this chapter, POMC 7.12.010, or
POW 7.04.050.
(2) The city may revoke approval of the site
location if the applicant/property owner is out of
compliance or fails to meet or maintain conditions
as set by the city council. (Ord. 1750 § 8, 1999).
Chapter 7.22
COMMERCIAL KENNELS
Sections:
7.22.010 Commercial kennel.
7.22.010 Commercial kennel.
No commercial kennels are allowed within the
corporate limits of the city of Port Orchard. (Ord.
1750 § 9, 1999).
7-19 (Revised 6/99)
7.26.010
Chapter 7.26
GROOMING PARLORS
Sections:
7.26.010
Grooming parlors license required.
7.26.020
License expiration.
7.26.030
License fee.
7.26.040
Proration of license fee.
7.26.050
License application.
7.26.060
License issuance.
7.26.070
Operation and facility requirements
7.26.080
Inspections.
7.26.090
Revocation.
7.26.010 Grooming parlors license required.
Grooming parlors shall be licensed annually
before or during the month of July or within 30
days prior to commencement of operation. (Ord.
1750 § 10, 1999).
7.26.020 License expiration.
Grooming parlor licenses shall expire on June
30th of each year. (Ord. 1750 § 10, 1999).
7.26.030 License fee.
The annual license fee for a grooming parlor
shall be $100.00 plus a $25.00 inspection fee for
new applications. There shall be an additional fee
of $25.00 if the license is not obtained by July 31 st;
provided, that if the grooming parlor is operated in
conjunction with a pet shop by the owner or opera-
tor thereof, the license fee shall not be collected.
(Ord. 1750 § 10, 1999).
7.26.040 Proration of license fee.
Upon commencement of operation the initial
license fee for a grooming parlor shall be prorated
according to the number of months remaining in
the license year. (Ord. 1750 § 10, 1999).
7.26.050 License application.
An application for a grooming parlor license
shall be made to the animal control authority and
shall contain the following:
(1) The name, address and telephone number of
the owner or operator of the facility, and the name
and address of the facility;
(2) A brief description of the size and nature of
the contemplated operation; and
(3) A written statement from:
(a) The city's planning department that the
proposed operation conforms to the city's uniform
building code and all other land use regulations;
(b) The city financial department confirm-
ing the proposed operation conforms to the city's
business license code; and
(c) The Kitsap County health district. (Ord.
1750 § 10, 1999).
7.26.060 License issuance.
The animal control authority shall issue the
license or renewal thereof if the license fee is paid,
if the application meets the requirements of POMC
7.26.050, and if, upon inspection, the operation or
contemplated operation meets or will meet the
requirements of POW 7.26.070. The license shall
contain its date of expiration. The license shall be
prominently displayed at the place of operation.
(Ord. 1750 § 10, 1999).
7.26.070 Operation and facility requirements.
Grooming parlors shall:
(1) Not board animals;
(2) Provide restraining straps for animals to
prevent injury to animals while being groomed;
(3) Sterilize grooming equipment after each
use;
(4) Not leave animals unmonitored while dry-
ing before a dryer;
(5) Not prescribe or administer treatment or
medicine or otherwise engage in veterinary prac-
tice as defined by RCW 18.92.010;
(6) Not cage animals in the same cage unless so
requested by the owner of the animals;
(7) Be structurally sound and in good repair;
(8) Have grooming areas with walls, ceilings,
and floors, which are sealed and are resistant to
absorption of moisture and odors; and
(9) Be cleaned and sanitized on a regular basis.
(Ord. 1750 § 10, 1999).
7.26.080 Inspections.
The animal control authority shall inspect exist-
ing or proposed grooming parlors in connection
with its licensing investigation and when inspec-
tions are necessary to insure compliance with this
chapter. Inspections shall be made during regular
business hours. (Ord. 1750 § 10, 1999).
(Revised 6/99) 7-20
Port Orchard Municipal Code
7.30.020
7.26.090 Revocation.
The animal control authority may revoke
grooming parlor licenses if the grooming parlor is
operating in violation of POW 7.26.070. (Ord.
1750 § 10, 1999).
Chapter 7.30
VIOLATIONS
Sections:
7.30.010 Date of violation.
7.30.020 Violation — Penalty.
7.30.010 Date of violation.
The date of violation of any chapter or subsec-
tion thereof of this title shall be the date on which
it became known to the Port Orchard police depart-
ment or to the animal control authority that such
person, keeper, firm or corporation has an unli-
censed dog, hobby kennel, pet shop, animal
grooming parlor, boarding kennel, and/or animal
shelter. (Ord. 1750 § 11, 1999).
7.30.020 Violation — Penalty.
Any person who refuses or fails to comply with,
or violates any chapter of this title, unless other-
wise identified, is guilty of a civil infraction, with
a penalty of $300.00. Each and every day or por-
tion thereof, in which an infraction is committed,
shall constitute a separate and distinct infraction.
(Ord. 1750 § 11, 1999).
7-21 (Revised 6/99)
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.
9.24.070
Unlawful bus conduct.
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 6/99)
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 per-
son fearful of harm to his or her person or property.
(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).
9.24.070 Unlawful bus conduct.
RCW 9.91.025, and any amendments thereto,
are hereby adopted by reference as a portion of the
criminal code of the city of Port Orchard as if fully
set forth herein. (Ord. 1752 § 1, 1999).
(Revised 6/99) 9-18
Port Orchard Municipal Code
10.80.060
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
(2) A notice of trial date, prepared in triplicate,
the reverse side of which shall bear a legend infor-
mative of the legal consequences of bail forfeiture.
The second copy of the notice of trial date shall be
forwarded to the clerk of the court and the third
copy shall be retained by the traffic violations
bureau. (Ord. 782 § 1, 1967).
10.80.040 Authority to accept forfeiture of bail
— Consequences.
The court may by its order authorize the traffic
violations bureau:
(1) To accept forfeiture of bail in specified
cases in accordance with a bail schedule issued
under this section in lieu of depositing bail for
appearance, in which case a receipt shall be issued
to the alleged violator, the reverse side of which
shall contain a statement indicating that forfeiture
of bail shall terminate the case and may be consid-
ered by the department of motor vehicles only, and
for no other purpose, as having the same effect as
conviction of the offense charged; and
(2) To forfeit bail deposited for appearance on
notification by the clerk of the court of failure of
the defendant to appear. Forfeiture of bail under
either (1) or (2) shall be construed as payment of a
fine for the offense charge only for the purpose of
the distribution of the funds and shall terminate the
case. (Ord. 782 § 1, 1967).
10.80.050 When person charged may elect to
appear at bureau or before police
judge.
(1) Any person charged with an offense for
which payment of bail may be made to the traffic
violations bureau shall have the option of forfeiting
such bail within the time specified in the notice of
arrest at the traffic violations bureau upon waiving
appearance in court, or may have the option of
depositing required lawful bail and shall be entitled
to a trial as authorized by law.
(2) The bureau, upon accepting the prescribed
bail, shall issue a receipt to the violator acknowl-
edging payment thereof. (Ord. 782 § 2, 1967).
10.80.060 Duties.
The following duties are hereby imposed upon
the traffic violations bureau in reference to traffic
offenses:
10-21 (Revised 6/99)
10.80.070
(1) It shall accept designated bail, issue
receipts, and represent in court such violators as are
permitted and desire to plead guilty, waive court
appearance, and give power of attorney;
(2) It shall receive and issue receipts for cash
bail from the persons who must or wish to be heard
in court, enter the time of their appearance on the
court docket, and notify the arresting officer and
witnesses, if any, to be present;
(3) It shall keep an easily accessible record of
all violations of which each person has been guilty
during the preceding 12 months;
(4) The traffic violations bureau, shall, not less
than once a week or more often as the judge directs,
transfer to the clerk of the proper department of the
court:
(a) All bail deposited for offense where for-
feiture is not authorized by court order;
(b) A copy of each notice of trial date for
which bail has been deposited, and on which shall
appear the amount of bail deposited; and
(c) A list of the names of all offenders who
have forfeited bail. Once each week, on a day set
by the court, the traffic violations bureau shall for-
ward to the department of motor vehicles the
abstract of the court record copy of the complaint
and citation indicating the disposition of each case
involving bail forfeiture during the previous week.
(Ord. 782 § 3, 1967).
10.80.070 Traffic citations.
Every traffic enforcement officer shall provide
in appropriate form traffic citations and such cita-
tion and notice shall conform to the requirements
of the Traffic Rules for Courts of Limited Jurisdic-
tion and RCW 46.64.010 and 46.64.015. (Ord. 782
§ 4, 1967).
10.80.080 Records and reports of traffic
violations.
Every police judge shall keep the records and
make the reports required by the Traffic Rules for
Courts of Limited Jurisdiction and RCW
46.52.100. (Ord. 782 § 5, 1967).
10.80.090 Additional duties of traffic violations
bureau.
The traffic violations bureau shall follow such
procedure as may be prescribed by the traffic ordi-
nances of this city or as may be required by any
laws of this state. (Ord. 782 § 6, 1967).
Chapter 10.84
MISCELLANEOUS DRIVING PROVISIONS
Sections:
10.84.040 Compression brakes prohibited.
10.84.040 Compression brakes prohibited.
(1) No person shall use motor vehicle brakes
commonly known as Jacobs or Jake brakes, which
are in any way activated or operated by unmuffled
compression of the engine of any such motor vehi-
cle or any unit or part thereof within the city limits.
(2) It shall be an affirmative defense to prosecu-
tion under this section that said unmuffled com-
pression brakes were applied in an emergency and
were necessary for the protection of persons and/or
property.
(3) Any person violating the provisions of this
section shall be deemed to have committed a traffic
infraction and shall be penalized an amount not to
exceed $50.00.
(4) The city personnel are authorized and
directed to post appropriate signs consistent with
the provisions of this section. (Ord. 1389, 1987).
(Revised 6/99) 10-22
Port Orchard Municipal Code
10.86.020
Chapter 10.86
COMMUTE TRIP REDUCTION
Sections:
10.86.020
Definitions.
10.86.030
City of Port Orchard's CTR plan.
10.86.040
Responsible agency.
10.86.050
Applicability.
10.86.060
Notification of applicability.
10.86.070
Requirements for affected employers.
10.86.080
CTR zone, base year values and goals.
10.86.090
Credit for commute trip reduction
efforts.
10.86.100
CTR program review and annual
reports.
10.86.110
Extensions.
10.86.120
Enforcement.
10.86.130
Violation — Penalty.
10.86.140
Adjudicative procedure.
10.86.150
Appeals.
10.86.020 Definitions.
The following definitions shall apply in the
interpretation and enforcement of this chapter:
(1) "Affected employee" means a full-time
employee who begins his or her regular work day
at a single worksite between 6:00 a.m. and 9:00
a.m. (inclusive) on two or more weekdays per
week for at least 12 continuous months. The fol-
lowing classifications of employees are excluded
from the definition of affected employees:
(a) Seasonal agriculture employees, includ-
ing seasonal employees of processors of agricul-
ture products; and
(b) Employees of construction worksites
when the expected duration of the construction is
less than two years.
(2) "Affected employer" means a public or pri-
vate employer that employs 100 or more affected
employees.
(3) "Alternative commute mode" refers to any
means of commuting, other than that in which the
single -occupant vehicle is the dominant mode.
Telecommuting and compressed workweeks are
considered alternative commute modes, if they
result in reducing commute trips.
(4) "Alternative work schedules" are programs
such as compressed workweeks that eliminate
commute trips by affected employees.
(5) "Base year" means the period from January
1, 1992, through December 31, 1992, on which
goals for vehicle miles traveled (VMT) per
employee and proportion of single -occupant vehi-
cle (SOV) commute trips shall be based. (RCW
70.94.524(7))
(6) "Carpool" means any motor vehicle occu-
pied by two to six people traveling together for
their commute trip that results in the reduction of a
minimum of one motor vehicle commute trip.
(7) "Commute trip" means a trip made from a
worker's home to a worksite to begin a regularly
scheduled work day between 6:00 a.m. and 9:00
a.m. (inclusive) on weekdays.
(8) "Commute trip reduction (CTR) goals"
means the goals established by the state CTR law
and the CTR Task Force Guidelines for affected
employers. These goals are to reduce the vehicle
miles traveled per employee and the single -occu-
pant vehicle commute trips from the base year
value established for the commute trip reduction
zone at least 15 percent by January 1, 1995; 20 per-
cent by January 1, 1997; 25 percent by January 1,
1999; and 35 percent by January 1, 2005.
(9) "Commute trip reduction (CTR) plan"
means the city of Port Orchard's plan which is
designed to achieve reductions in the proportion of
single -occupant vehicle (SOV) commute trips and
the commute trip vehicle miles traveled (VMT) per
affected employees of affected public and private
sector employers within the city of Port Orchard.
(10) "Commute trip reduction (CTR) program"
means the affected employer's strategies to reduce
the proportion of single -occupant vehicle commute
trips and the commute trip vehicle miles traveled
per affected employees.
(11) "Commute Trip Reduction (CTR) Task
Force Guidelines" means the official guidelines to
Chapter 70.94 RCW developed by the Washington
State Commute Trip Reduction Task Force com-
mittee. (RCW 70.94.537)
(12) "Commute trip reduction (CTR) zone"
means an area, such as a census tract or combina-
tion of census tracts, within the city of Port
Orchard, characterized by similar employment
density, population density, level of transit service,
parking availability, access to high occupancy
vehicle facilities, and other factors that are deter-
mined to affect the level of SOV commuting.
10-23 (Revised 6/99)
10.86.020
(13) "Commuter ride matching service" means
a system that assists in matching commuters for the
purpose of commuting together.
(14) "Compressed workweek" means an alter-
native work schedule, in accordance with employer
policy, that regularly allows a full-time employee
to eliminate at least one work day every two weeks
by working longer hours during the remaining
days, resulting in fewer commute trips by the
employee.
(15) "Custom bus/buspool" or "worker/driver
bus" means a commuter bus service arranged spe-
cifically to transport employees to work.
(16) "Day(s)" means calendar day(s).
(17) "Dominant mode" means the mode of
travel used for the greatest distance of a commute
trip.
(18) "Employee transportation coordinator"
means a designated on -site employee who is
responsible for administering the employer's com-
mute trip reduction program.
(19) "Employer" means a sole proprietorship,
partnership, corporation, unincorporated associa-
tion, cooperative, joint venture, agency, depart-
ment, district or other individual or entity, whether
public, nonprofit or private, that employs workers.
(20) "Flex -time" is an employer policy allow-
ing individual employees some flexibility in
choosing the time, but not the number, of their
working hours to facilitate the use of alternative
commute modes.
(21) "Full-time employee" means a person,
other than an independent contractor, scheduled to
be employed on a continuous basis for 52 weeks
for an average of at least 35 hours per week.
(22) "Good faith effort" means that an
employer has met the minimum requirements iden-
tified in this chapter and in RCW 70.94.531, and is
working collaboratively with the county to con-
tinue its existing CTR program or is developing
and implementing program modifications likely to
result in improvements to its CTR program over an
agreed upon length of time.
(23) "Hearing examiner" means a member of
the Washington State Bar Association.
(24) "Implementation" or "implement" means
active pursuit by an employer to achieve the CTR
goals of RCW 70.94.521 through 70.94.551 and
this chapter.
(25) "Mode" refers to the means of transporta-
tion used by employees, such as single -occupant
vehicle, carpool, vanpool, transit, ferry, bicycle
and walking.
(26) "Newly affected employer" is an employer
that is not an affected employer upon the effective
date of the ordinance codified in this chapter but
becomes an affected employer subsequent to the
effective date of the ordinance codified in this
chapter.
(27) "Presiding officer" means a person or per-
sons designated by Kitsap Transit to hear and
determine a contested notice of civil infraction.
(28) "Proportion of single -occupant vehicle
commute trips" or "SOV rate" means the number
of commute trips over a set period made by
affected employees in SOVs divided by the num-
ber of affected employees working during that
period.
(29) "Single -occupant vehicle (SOV)" means a
motor vehicle occupied by one employee for com-
mute purposes, including a motorcycle.
(30) "Single worksite" means a building or
group of buildings on physically contiguous par-
cels of land or on parcels separated solely by pri-
vate or public roadways or rights -of -way occupied
by one or more affected employers.
(31) "Telecommuting" means the use of tele-
phones, computers, or other similar technology to
permit an employee to work at home or at a loca-
tion closer to home than the employer's worksite.
(32) "Transit" means a multiple -occupant vehi-
cle operated on a for -hire, shared -ride basis,
including bus, ferry, shared -ride taxi, shuttle bus,
worker/driver bus or vanpool.
(33) "Transportation demand management
(TDM)" means the use of strategies to reduce com-
mute trips made by single -occupant vehicles and
vehicle miles traveled (VMT) per employee.
(34) "Vanpool" means a vehicle occupied by
seven to 15 people traveling together for their com-
mute trip.
(35) "Vehicle miles traveled (VMT) per
employee" means the sum of the individual vehicle
commute trip lengths in miles made by affected
employees over a set period divided by the number
of affected employees during that period.
(36) "Week" means a seven-day calendar
period, starting on Monday and continuing through
Sunday.
(Revised 6/99) 10-24
Port Orchard Municipal Code
10.86.060
(37) "Weekday" means any day of the week
except Saturday or Sunday.
(38) "Writing," "written," or "in writing"
means original signed and dated documents. Fac-
simile (fax) transmissions are a temporary notice of
action that must be followed via mail or delivery of
the original signed and dated document. (Ord. 1760
§ 1, 1999).
10.86.030 City of Port Orchard's CTR plan.
The 1992 city of Port Orchard's commute trip
reduction (CTR) plan set forth in Attachment A,
attached to the ordinance codified in this chapter, is
wholly incorporated herein by reference. (Ord.
1760 § 2, 1999).
10.86.040 Responsible agency.
The city of Port Orchard has determined that it
is within the best interest of the public to enter into
an interlocal agreement (pursuant to Chapter 39.34
RCW and RCW 70.94.527) with Kitsap Transit,
located at: 234 S. Wycoff, Bremerton, Washington
98312, whereby Kitsap Transit will be the agency
responsible for implementing and administering
the city of Port Orchards's CTR plan and this chap-
ter. (Ord. 1760 § 3, 1999).
10.86.050 Applicability.
(1) Affected Employer. The provisions of this
chapter shall apply to all affected employers at any
single worksite within the incorporated areas of the
city of Port Orchard.
(2) Change in Status as an Affected Employer.
Any of the following changes in an affected
employer's status may change the employer's CTR
program requirements:
(a) Becomes a Non -Affected Employer. If
an employer initially designated as an affected
employer no longer employs 100 or more affected
employees and expects not to employ 100 or more
affected employees for the next 12 months, that
employer is no longer considered an affected
employer. It is the responsibility of the employer to
notify Kitsap Transit, in writing, that it is no longer
an affected employer;
(b) Change in Status within 12 Months. If
the same employer returns to the level of 100 or
more affected employees within the same 12
months, that employer will be considered an
affected employer for the entire 12 months, and
will be subject to the same CTR program require-
ments as other affected employers. It is the respon-
sibility of the employer to notify Kitsap Transit, in
writing, that it has become an affected employer;
and
(c) Change in Status After 12 Months. If the
same employer returns to the level of 100 or more
affected employees 12 or more months after its
change in status to an unaffected employer, that
employer shall be treated as a newly affected em-
ployer, and will be subject to the same CTR pro-
gram requirements as other newly affected
employers. It is the responsibility of the employer
to notify Kitsap Transit, in writing, that it has be-
come an affected employer.
(3) Newly Affected Employers.
(a) Reporting Date. Newly affected employ-
ers shall identify themselves to Kitsap Transit
within 90 days of becoming an affected employer
or moving into the boundaries of the city of Port
Orchard.
(b) CTR Program Submittal. Newly
affected employers shall be granted a minimum of
180 days from the date of official notification by
Kitsap Transit that they are an affected employer or
from the date of self -identification to develop and
submit a CTR program.
(c) CTR Goals. Newly affected employers
shall have two years from the date of their CTR
program approval to meet the first CTR goal of 15
percent; four years from the date of their initial
CTR program approval to meet the second CTR
goal of 20 percent; six years from the date of their
initial CTR program approval to meet the third
CTR goal of 25 percent; and 12 years from the date
of their initial CTR program approval to meet the
fourth CTR goal of 35 percent. (Ord. 1760 § 4,
1999).
10.86.060 Notification of applicability.
(1) Publication of Notice. In addition to the city
of Port Orchard's established public notification
procedures for adoption of an ordinance or an
amendment to an ordinance, a notice of the avail-
ability of a summary of this chapter or an amend-
ment to this chapter shall be published at least once
in the city of Port Orchard's official newspaper
within 30 days of the effective date of the ordi-
nance codified in this chapter or any amendments
hereto.
10-25 (Revised 6/99)
10.86.070
(2) Notice to Known Affected Employers.
Known affected employers located in the city of
Port Orchard shall receive written notification
from Kitsap Transit that they are subject to this
chapter. Kitsap Transit shall also send to all known
affected employers notice of any amendments to
this chapter. Such notices shall be by certified mail
or delivery, return receipt, addressed to the
employer's employee transportation coordinator.
Such notification shall be delivered within 30 days
of the effective date of the ordinance codified in
this chapter or any amendments hereto.
(3) Self -Identification. Affected employers
who, for whatever reason, do not receive notifica-
tion within 30 days of the effective date of the ordi-
nance codified in this chapter shall identify
themselves to Kitsap Transit within 90 days of the
effective date of the ordinance codified in this
chapter. Upon self -identification, such affected
employers will be granted 180 days from identify-
ing to submit a CTR program. (Ord. 1760 § 5,
1999).
10.86.070 Requirements for affected
employers.
(1) CTR Program Submittal Date. Except as
otherwise provided in this chapter, not more than
180 days from the effective date of the ordinance
codified in this chapter, all affected public and pri-
vate employers within the city of Port Orchard
shall submit a CTR program to Kitsap Transit.
(2) CTR Program Implementation Date. Except
as otherwise provided in this chapter, an affected
employer's CTR program shall be implemented
not more than 180 days from the date the CTR pro-
gram was initially submitted to Kitsap Transit for
approval.
(3) Mandatory CTR Program Elements. The
employer's CTR program must be designed to
achieve the CTR goals set forth in this chapter. The
employer shall make a good faith effort, as defined
in this chapter and in RCW 70.94.531, to develop
and implement a CTR program that will encourage
its employees to reduce VMT per employee and
SOV commute trips. At a minimum, an employer's
CTR program shall include the following ele-
ments:
(a) Site Description. A general description
of the employment site location, to include: level of
transit service, parking availability, access to high-
ways, and unique conditions experienced by the
employer or its employees that might affect the
level of SOV commuting and VMT per employee;
(b) Employee Information. The total num-
ber of affected employees;
(c) Employee Transportation Coordinator.
The name of the employer's designated employee
transportation coordinator (ETC) to administer the
CTR program. The ETC's name, location, and tele-
phone number must be displayed prominently at
each affected worksite. The ETC shall oversee all
elements of the employer's CTR program and act
as liaison between the employer and Kitsap Tran-
sit;
(d) Information Distribution. A commit-
ment to regularly distribute to its employees infor-
mation about alternatives to SOV commuting.
Each employer's subsequent annual report must
include a description of the information to be dis-
tributed and the method of distribution;
(e) Annual Progress Report. A commitment
to annually review employee commuting and
progress toward meeting the CTR goals. Affected
employers shall file an annual progress report with
Kitsap Transit. The annual report form shall be
provided by Kitsap Transit and shall be consistent
with the CTR Task Force Guidelines. Survey infor-
mation or approved alternative information must
be provided in the reports submitted in the second,
fourth, sixth, eighth, tenth, and twelfth year after
the program implementation begins;
(f) Record Keeping. A list of records that
will be kept by the employer that can be used to
evaluate the employer's CTR program. Kitsap
Transit and the affected employer shall agree in
writing on the record keeping requirements as part
of the affected employer's approved CTR program.
Employers will maintain all records listed in their
CTR program for a minimum of 24 months;
(g) Specific Measures. In addition to the
mandatory program elements described above, the
employer's CTR program shall include specific
measures to be implemented to meet the CTR
goals. These measures may include, but are not
limited to, one or more of the following:
(i) A provision for preferential parking
or reduced parking charges, or both, for high -occu-
pancy vehicles;
(ii) Instituting or increasing parking
charges for SOVs;
(Revised 6/99) 10-26
Port Orchard Municipal Code
10.86.070
(iii) A provision for commuter ride
matching services to facilitate employee ride -shar-
ing for commute trips;
(iv) A provision for subsidies for transit
fares;
(v) A provision for vans or buses for use
as vanpools or custom bus/buspools (Kitsap Tran-
sit's worker/driver buses);
(vi) A provision for subsidies for car-
pools or vanpools;
(vii) Permitting the use of the
employer's vehicles for carpooling or vanpooling;
(viii) Permitting flex -time to facilitate
employees' use of transit, carpools or vanpools;
(ix) Cooperation with transportation pro-
viders to provide additional regular or express ser-
vice to the worksite;
(x) Construction of special loading and
unloading facilities for transit, carpool and vanpool
users;
(xi) A provision for bicycle parking
facilities, lockers, changing areas and showers for
employees who bicycle or walk to work;
(xii) A provision for a program of park-
ing incentives such as a rebate for employees who
do not use the parking facilities;
(xiii) Establishment of a telecommuting
program to permit employees to work part- or full-
time at home or at an alternative worksite closer to
their homes;
(xiv) Establishment of a program of
alternative work schedules such as a compressed
workweek which reduces commuting;
(xv) Establishment of a guaranteed ride
home program that would provide transportation
home, in case of an emergency, to employees who
normally use an alternative commute mode; and
(xvi) Implementation of other measures
designed to facilitate the use of high -occupancy
vehicles, such as on -site day care facilities and
emergency taxi services.
(4) Request for Modification of CTR Program
Elements. An affected employer may request a
modification of the CTR program elements. This
request must be in writing and delivered to Kitsap
Transit. Such request may be granted by Kitsap
Transit if one of the following conditions exist:
(a) Beyond Control. The affected employer
can demonstrate it would be unable to comply with
the CTR program element(s), for which the
affected employer seeks an exemption, for reasons
beyond the control of the employer; or
(b) Undue Hardship. The affected employer
can demonstrate that compliance with the CTR
program element(s) would constitute an undue
hardship.
(5) Exemption from CTR Program.
(a) Exemption from All Requirements. An
affected employer may submit a request to Kitsap
Transit to grant an exemption from all CTR pro-
gram requirements or penalties for a particular
worksite. The employer must demonstrate that it
would experience undue hardship in complying
with the requirements of this chapter as a result of
the characteristics of its business, its work force, or
its location(s). An exemption may be granted if and
only if the affected employer demonstrates that it
faces extraordinary circumstances, such as bank-
ruptcy, and is unable to implement any measures
that could reduce the proportion of SOV trips and
VMT per employee. Exemptions may be granted
by Kitsap Transit at any time based on written
notice provided by the affected employer. The
notice should clearly explain the conditions for
which the affected employer is seeking an exemp-
tion from the requirements of the CTR program.
Kitsap Transit shall review annually all employers
receiving exemptions and shall determine whether
the exemption will be in effect during the follow-
ing program year.
(b) Exemption from Employees Using
Vehicles for Work. An affected employer may sub-
mit a request to Kitsap Transit to exempt specific
employees that must use their own vehicles during
the work day for work purposes. The employer
shall provide documentation indicating how many
employees meet this condition and must demon-
strate that no reasonable alternative commute
mode exists for these employees. Under this condi-
tion, the applicable CTR goals will not be modified
but those employees who need daily access to the
vehicles they drive to work will not be included in
the calculations of proportion of SOV commute
trips and VMT per employee used to determine the
employer's progress toward meeting its CTR pro-
gram goals.
(c) Exemption for Variable Shift Employ-
ees. An affected employer may submit a request to
Kitsap Transit to exempt specific employees who
work variable shifts throughout the year and who
do not rotate as a group to identical shifts. Kitsap
10-27 (Revised 6/99)
10.86.080
Transit will use the criteria identified in the CTR
Task Force Guidelines to assess the validity of
employee exemption requests. Kitsap Transit shall
review annually all employee exemption requests
and shall determine whether the exemption will be
in effect during the following program year. (Ord.
1760 § 6, 1999).
10.86.080 CTR zone, base year values and
goals.
(1) CTR Zone and Values. The city of Port
Orchard authorizes the board of commissioners of
Kitsap Transit to, by resolution, establish the CTR
zone(s) boundaries, and the base year values for
SOV rate and VMT per employee within the CTR
zone(s). This resolution shall be passed by January
31, 1993.
(2) Percentage Reductions of SOVs and VMT
per Employee. The CTR goals for an affected
employer's CTR program shall be a reduction in
the proportion of SOV commute trips and VMT
per employee by: (a) 15 percent by 1995, (b) 20
percent by 1997, (c) 25 percent by 1999, and (d)
35 percent by 2005, from the base year values of
the CTR zone in which the affected employer is
located. The methods used to determine an affected
employer's SOV rate and VMT per employee shall
be consistent with the CTR Task Force Guidelines.
(RCW 70.94.537)
(3) Modification of CTR Program Goals. An
affected employer may request that Kitsap Transit
modify the employer's CTR goals. Such request
shall be filed in writing at least 60 days prior to the
date the worksite is required to submit its program
description and annual report. The goal modifica-
tion request must clearly explain why the worksite
is unable to achieve the applicable goal. The work -
site must also demonstrate that it has implemented
all the elements contained in its approved CTR
program. Kitsap Transit will review and grant or
deny requests for goal modifications in accordance
with procedures and criteria identified in the CTR
Task Force Guidelines. An employer may not
request a modification of the applicable goals until
one year after Kitsap Transit has approved the
employer's initial program description or annual
report. (Ord. 1760 § 7, 1999).
10.86.090 Credit for commute trip reduction
efforts.
(1) Credit for Programs Implemented Prior to
the Base Year. Employers with successful trans-
portation demand management (TDM) programs
implemented prior to the 1992 base year may be
eligible to receive a special one-time CTR program
exemption credit, which exempts them from most
CTR program requirements. Affected employers
wishing to receive this credit must apply to Kitsap
Transit within 90 days of the adoption of the ordi-
nance codified in this chapter. Application shall
include data from a survey of employees or equiv-
alent to establish the applicant's VMT per
employee and proportion of SOV commute trips.
The survey or equivalent data shall conform to all
applicable standards established in Chapter 2, Sec-
tion 7, of the State CTR Guidelines. An affected
employer shall be considered to have met the 1995
CTR goals if their VMT per employee and propor-
tion of SOV commute trips are equivalent to a 12
percent or greater reduction from the base year
CTR zone values. These three percentage point
credits apply only to the 1995 CTR goals.
(2) Process to Apply for CTR Program Exemp-
tion Credit. Affected employers may apply for pro-
gram exemption credit for the results of past or
current CTR efforts by applying to Kitsap Transit
in their initial CTR program description or as part
of any other annual CTR progress report. Applica-
tion shall include results from a survey of employ-
ees, or equivalent information that establishes the
applicant's VMT per employee and proportion of
SOV commute trips. The survey or equivalent
information shall conform to all applicable stan-
dards established in Section 7 (Survey Guidelines)
of the CTR Task Force Guidelines. Employers that
apply for program exemption credit and whose
VMT per employee and proportion of SOV com-
mute trips are equal to or less than the CTR goals
for one or more future goal years, and commit in
writing to continue their current level of effort,
shall be exempt from the requirements of this chap-
ter except for the requirements to report perfor-
mance in 1995, 1997 and 1999. If any of these
reports indicate the employer does not satisfy the
next applicable CTR goal(s), the employer shall
immediately become subject to all requirements of
this chapter.
(Revised 6/99) 10-28
Port Orchard Municipal Code
10.86.120
(3) Notice of Leadership Certificate. As public
recognition for their efforts, affected employers
who meet or exceed the CTR goals as set forth in
this chapter will receive a commute trip reduction
certificate of leadership from the city of Port
Orchard. A notice of this certificate of leadership
shall be published in the official newspaper. (Ord.
1760 § 8, 1999).
10.86.100 CTR program review and annual
reports.
(1) CTR Program Review.
(a) Approval. Kitsap Transit shall provide
the employer with written notification if the
employer's CTR program is deemed acceptable.
Such notification shall be by certified mail or
delivery, return receipt, addressed to the
employer's employee transportation coordinator.
If the employer receives no written notification of
extension of the review period or comment on the
CTR program within 45 days of submission, the
employer's CTR program shall be deemed
approved. Kitsap Transit may extend the review
period up to 90 days. The implementation date for
the employer's CTR program will be extended an
equivalent number of days.
(b) Conditional Approval. Kitsap Transit
may determine that an employer's CTR program is
approved on the condition that certain aspects of
the program be modified. In this case, Kitsap Tran-
sit shall notify the affected employer of the
required modifications. Such notification shall be
by certified mail or delivery, return receipt,
addressed to the affected employer's employee
transportation coordinator. Affected employers
will be given 30 days from the date of such notice
to submit a revised CTR program. Kitsap Transit
shall have 30 days from the date the revised CTR
program was received to accept or reject the
revised CTR program.
(c) Rejection. Kitsap Transit shall provide
the employer with written notification if the
employer's CTR program is deemed unacceptable
and therefore rejected. Such notification shall be
by certified mail or delivery, return receipt,
addressed to the affected employer's employee
transportation coordinator within 45 days of the
CTR program submittal date. The letter will spec-
ify the cause(s) for the rejection. Kitsap Transit
will schedule a meeting with the affected employer
within 21 days of the date of notice. During the
meeting, Kitsap Transit will provide technical
assistance to the affected employer. The affected
employer will be given 30 days from the date of the
meeting to submit a revised CTR program. Kitsap
Transit shall have 30 days to accept or reject the
revised CTR program.
(2) CTR Annual Progress Reports. Kitsap
Transit shall establish the affected employer's
annual reporting date upon review of the
employer's initial CTR program. The reporting
date shall not be less than 12 months from the date
the employer's CTR program was approved. Each
year on the employer's reporting date, the
employer shall submit to Kitsap Transit its annual
CTR program progress report. Kitsap Transit shall
provide and the affected employer shall use a stan-
dard annual report form. (Ord. 1760 § 9, 1999).
10.86.110 Extensions.
An affected employer may request from Kitsap
Transit additional time to submit a CTR program,
or CTR annual progress report, or to implement or
modify a CTR program. Such requests shall be
made in writing and delivered by certified mail to
Kitsap Transit no less than 30 days before the due
date for which the extension is being requested.
Extensions not to exceed 90 days may be consid-
ered for reasonable cause. Kitsap Transit shall
grant or deny the employer's extension request by
certified letter, return receipt within 15 days of
receiving the request. If there is no response issued
to the employer, an extension is automatically
granted for 30 days. Extensions shall not exempt an
employer from any responsibility in meeting the
CTR goals. Extensions granted due to delays or
difficulties with any CTR program element(s) shall
not be cause for discontinuing or failing to imple-
ment other program elements. An employer's
annual reporting date shall not be adjusted perma-
nently as a result of these extensions. An
employer's annual reporting date may be extended
at the discretion of Kitsap Transit. (Ord. 1760 § 10,
1999).
10.86.120 Enforcement.
(1) Compliance. Except as otherwise provided
in this chapter, compliance shall mean fully imple-
menting all provisions in an accepted CTR pro-
gram and satisfying the requirements of this
chapter.
10-29 (Revised 6/99)
10.86.130
(2) Required CTR Program Modifications. Kit -
sap Transit shall use the following criteria in deter-
mining whether an affected employer shall be
required to make modifications to its CTR pro-
gram:
(a) Achieves Either or Both Goals. If an
employer makes a good faith effort, as defined in
this chapter and in RCW 70.94.531, and meets
either or both the applicable SOV or VMT goal, the
employer has satisfied the objectives of the CTR
plan and will not be required to modify its CTR
program.
(b) Fails to Achieve Either Goal.
(i) With Good Faith Effort. If an
employer makes a good faith effort, as defined in
this chapter and in RCW 70.94.531, but has not
met or is not likely to meet the applicable SOV or
VMT goal, Kitsap Transit shall work collabora-
tively with the employer to make modifications to
its CTR program. After agreeing on modifications,
the employer shall submit a revised CTR program
description to Kitsap Transit for approval within 30
days of reaching an agreement.
(ii) Without Good Faith Effort. If an
employer fails to make a good faith effort, as
defined in this chapter and in RCW 70.94.531, and
fails to meet either the applicable SOV or VMT
reduction goal, Kitsap Transit shall work collabo-
ratively with the employer to identify modifica-
tions to the CTR program and shall direct the
employer to revise its program within 30 days to
incorporate the modifications. In response to the
recommended modifications, the employer shall
submit a revised CTR program description, includ-
ing the requested modifications or equivalent mea-
sures, within 30 days of receiving written notice to
revise its program. Kitsap Transit shall review the
revisions and notify the employer of acceptance or
rejection of the revised program. If a revised pro-
gram is not accepted, Kitsap Transit will send writ-
ten notice to that effect to the employer within 30
days and, if necessary, require the employer to
attend a conference with program review staff for
the purpose of reaching a consensus on the
required program. A final decision on the required
program will be issued in writing by Kitsap Transit
within 10 working days of the conference. (Ord.
1760 § 11, 1999).
10.86.130 Violation — Penalty.
(1) Violations. The following constitute viola-
tions of this chapter:
(a) Failure to develop and/or submit a com-
plete CTR program by the applicable deadlines as
stated in this chapter;
(b) Failure to implement an approved CTR
program by the applicable deadlines as stated in
this chapter;
(c) Failure to modify an unacceptable CTR
program by the applicable deadlines as stated in
this chapter;
(d) Failure of an affected employer to iden-
tify itself to Kitsap Transit within 90 days of the
effective date of the ordinance codified in this
chapter;
(e) Failure of a newly affected employer to
identify itself to Kitsap Transit within 90 days of
becoming an affected employer;
(f) Failure to submit on time an annual CTR
program progress report to Kitsap Transit;
(g) Failure to maintain agreed upon CTR
program records;
(h) Intentionally submitting false informa-
tion, data and/or survey results; and
(i) Failure to make a good faith effort, as
defined in this chapter and in RCW 70.94.531.
(2) Penalties.
(a) Class I Civil Infraction. Any affected
employer violating any provision of this chapter
shall be liable for a Class I civil infraction, and sub-
ject to civil penalties pursuant to RCW 7.80.120;
(b) Separate Offenses. Such affected
employer shall be liable for a separate offense for
each and every day during any portion of which
any violation of this chapter is committed or con-
tinued and shall be subject to civil penalties as
herein provided; and
(c) Failure Due to Union. An employer shall
not be liable for civil penalties if failure to imple-
ment an element of a CTR program was the result
of an inability to reach agreement with a certified
collective bargaining agent under applicable laws
where the issue was raised by the employer and
pursued in good faith. Unionized employers shall
be presumed to act in good faith compliance if
they:
(i) Propose to a recognized union any
provision of the employer's CTR program that is
subject to bargaining as defined by the National
Labor Relations Act; and
(Revised 6/99) 10-30
Port Orchard Municipal Code
10.86.150
(ii) Advise the union of the existence of
the Washington State CTR law, this chapter, and
the mandates of the CTR program approved by
Kitsap Transit and advise the union that the pro-
posal being made is necessary for compliance with
this chapter and state law. (RCW 70.94.531)
(d) Not Liable. No affected employer with
an approved CTR program may be held liable for
failure to reach the applicable SOV or VMT goals.
(Ord. 1760 § 12, 1999).
10.86.140 Adjudicative procedure.
(1) Service of the Notice of Infraction. An adju-
dicative procedure under this chapter is com-
menced by the issuance of a notice of civil
infraction. Service of a notice of civil infraction
shall be by either personal service or by certified
mail, return receipt requested.
(2) Contents of the Notice of Civil Infraction.
The notice of civil infraction shall contain the fol-
lowing:
(a) A statement that the notice represents a
determination that a civil infraction has been com-
mitted by the affected employer or newly affected
employer named in the notice and that the determi-
nation is final unless contested as provided in this
chapter;
(b) A statement that a civil infraction is a
noncriminal offense for which imprisonment may
not be imposed as a sanction;
(c) A statement identifying the party issued
the notice of civil infraction;
(d) A statement of the specific civil infrac-
tion for which the notice was issued;
(e) A statement of the monetary penalty
established for the civil infraction;
(f) A statement identifying the procedure to
contest the notice of civil infraction;
(g) A statement that a party must respond to
a notice of civil infraction within 15 days from the
date the notice of civil infraction was received;
(h) A statement that failure to respond to the
notice of civil infraction as directed in this chapter
will result in a default judgment for the identified
monetary penalty being entered against the party
named in the notice of civil infraction.
(3) Failure to Respond. A notice of civil infrac-
tion represents a determination that a civil infrac-
tion has been committed. The determination is
final unless contested as provided in this chapter.
(4) Hearing on a Civil Infraction.
(a) An affected employer or newly affected
employer issued a notice of civil infraction may
request a hearing on the infraction by submitting a
written request for a hearing to the presiding
officer not later than 15 days from the date the
notice of civil infraction was received.
(b) The presiding officer shall set a meeting
between the affected employer or newly affected
employer and the presiding officer not later than 15
days after the notice requesting a hearing is mailed.
At such meeting, the affected employer or newly
affected employer will explain its view of the
alleged infraction and the presiding officer will
explain Kitsap Transit's view of the matter.
(c) If the affected employer or newly
affected employer to whom a notice of civil infrac-
tion is issued is found to have committed the
infraction, the presiding officer shall, within 10
days, serve upon the affected employer a written
determination of the reason(s) for the decision and
information about appeal procedures.
(d) The written findings of the presiding
officer shall be considered an initial order. If the
affected employer does not appeal as provided for
in this chapter, the initial order shall become the
final order. (Ord. 1760 § 13, 1999).
10.86.150 Appeals.
(1) Hearing an Appeal.
(a) Venue. The affected employer shall
select to appeal the initial order of the presiding
officer in either the city of Port Orchard's munici-
pal court or through the administrative process set
forth in this chapter.
(b) Time. An appeal of a determination that
an affected employer or newly affected employer
committed a civil infraction under this chapter
shall be commenced by filing a written notice of
appeal within 30 days of the issuance of the presid-
ing officer's written findings.
(c) Administrative Process.
(i) Kitsap Transit shall hire and pay for a
hearing examiner for the sole purpose of hearing
appeals brought pursuant to this chapter.
(ii) Appeals shall be heard within 60
days of the date the notice of appeal is received by
the presiding officer; however, no appeal shall be
set less than 15 days after notice of the date for the
appeal is mailed by certified mail, return receipt
requested, to the party seeking review.
10-31 (Revised 6/99)
10.88.010
(iii) The hearing examiner will evaluate
employers' appeals of administrative decisions by
determining if the decisions were consistent with
this chapter, the Washington State CTR law and
the CTR Task Force Guidelines. Appeals may be
granted by the CTR hearing examiner if the
employer can show the violations for which the
penalties were imposed occurred for 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. 1760 § 14, 1999).
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).
(Revised 6/99) 10-32
Port Orchard Municipal Code
10.92.040
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-
10-32.1 (Revised 6/99)
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(Revised 6/99) 10-32.2
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. 1745 § 2,
1998).
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
13-3 (Revised 6/99)
13.04.020
Kitsap County jail
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 $40.00
4
5
5
6
7
8
9
10
11
12
13
14
14
14
14
14
15
16
17
18
19
Class 2 $40.00 for each business with a fixture.
$10.00 for each business, with an
employee present, without a fixture.
$40.00 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
$40.00
Large
More than 30,000 sf
$80.00
Class 3 $40.00 for the church, plus*
$40.00 for the rectory, plus*
$40.00 for the annex.
*Class 6 for educational parochial
schools.
Class 4 Base fee of $40.00 plus $10.00 per unit.
Class 5 $40.00 per dwelling unit.
Class 6 $1.70 for each pupil, teacher, mainte-
nance and administrative person.
Class 7 $1,560
Class 8 Based on the seating capacity as deter-
mined by the building official.
Description
Seating capacity
Rate
Espresso Bar
Not Applicable
$ 40.00
Deli
0
S 60.00
Small
1 to 50
$120.00
Medium
51 to 150
$180.00
Large
More than 150
$240.00
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 $20.00 plus $10.00 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 $100.00
Class 11 $40.00 for sales and administrative
office, plus $40.00 for service depart-
ment, plus $40.00 for car washing when
the water is used to determine cost shar-
ing for the sewer treatment plant.
Class 12 $140.00
Class 13 Basic fee of $20.00 plus the following
surcharges:
Description
Surcharge
Basic Store
$20.00
Bakery
$20.00
Wetted Down Produce
$40.00
Food Disposal
$40.00
Meat Cutting Area
$80.00
(Revised 6/99) 13-4
Port Orchard Municipal Code
13.04.030
Class 14 Base fee of $20.00 plus $20.00 for each
equivalent residential unit (ERU) as
determined for the cost sharing formula
for the sewer treatment plant.
Class 15 Base fee of $20.00 plus $60.00 per car
washing bay.
Class 16 $40.00
Class 17 Basic fee of $80.00 plus the following
surcharges:
Description Surcharge
Less than 5 children -0-
6 to 25 children $40.00
More than 25 children Class 6 rates
Class 18 $40.00 for gasoline retail and service
bay.
$40.00 for nonautomotive retail.
Class 19 Base fee of $40.00 plus $40.00 per unit
with private kitchen, $10.00 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 engineer may determine the spe-
cific monthly rate.
(d) Water accounts which serve a marina
pier and do not have a connection to the sewer shall
not be charged a sewer bill. A sewer bill will be
charged and based on winter consumption if the
water meter serves both the marina pier and any
facility or pump station that is connected to the
sewer system. For billing purposes, live-aboards
will not be considered as a dwelling unit.
(e) Properties served which are outside the
city limits shall have a 50 percent surcharge on the
monthly rates. (Ord. 1745 § 3, 1998).
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 Fees. Installation fees are de-
signed to reimburse the utility for the cost required
to connect the new service to the water main.
The labor installation fee is a flat fee plus sales
tax based on the size of the water meter for service
lines less than 25 feet:
Installed by city employees:
Meter Size
Fee
3/4"
$500.00 + cost of meter
and associated materials
1"
$600.00 + cost of meter
and associated materials
1-1/2"
$700.00 + cost of meter
and associated materials
2"
$800.00 + cost of meter
and associated materials
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.
13-5 (Revised 6/99)
13.04.040
(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 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.
(c) The agreement for purchase and sale of
assets of McCormick Water Company, Inc. waives
the city fee in lieu of assessment for water services.
These are the services within McCormick Woods,
Campus Station and McCormick 620.
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) Payment. All installation fees and fees in
lieu of assessment shall be paid in full prior to any
issuance of permits and 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
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 would be compounded annually, with
prorating on the outstanding balance due. (Ord.
1745 § 4, 1998).
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.
(c) The agreement regarding the latecomer
fees for sewer ULID No. 6 between the city of Port
Orchard and Kitsap County waives the city fee in
lieu of assessment for the collection system. These
are the properties that participated in ULID No. 6
or pay the ULID No. 6 latecomer fee.
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 Fees. 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.
(Revised 6/99) 13-6
Port Orchard Municipal Code
13.04.050
The facility connection fee as of November 1,
1998, shall be $1,712.26 per dwelling unit for each
new service which physically connects to the sani-
tary 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 $1,712.26 per equivalent
residential unit, ERU. The ERU is defined as 180
gallons per day which is directed to the sanitary
sewer system. The ERU consumption is based
upon metered water consumption or comparison to
similar 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 to reflect inflation
based on the CPI-U of Seattle.
(5) ULID No. 6 Latecomer Fee. As per the
agreement regarding latecomer fees for sewer
ULID No. 6 between the city of Port Orchard and
Kitsap County, the city shall collect the latecomer
fee established by the agreement from property
owners outside the boundaries of the ULID who
connect their properties to the improvements con-
structed as part of ULID No. 6. The city shall col-
lect the latecomer fee at the same time as it collects
applicable sewer connection charges and/or fees in
lieu of assessments related to sewer treatment plant
costs.
Annually, on January 1 st, the city shall adjust
the base latecomer charge by the amount of the
change in the most recent (August) All Urban Con-
sumer Price Index (CPI) published by the Depart-
ment of Labor for the Seattle -Everett metropolitan
area in the preceding 12 months. The 1999 late-
comer fee is $2,445.03.
(6) Payment. All installation fees and fees in
lieu of assessment shall be paid in full prior to any
issuance of permits and the physical connection of
the private service line to the sewer 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 shall be compounded annually, with
prorating on the outstanding balance due. (Ord.
1745 § 5, 1998).
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 account.
If the delinquent water and/or sewer charges
remain unpaid over a period of 30 days after the
due and payable date, service will be discontinued
by turnoff. Service will not resume thereafter until
the delinquent charges and penalties, together with
a turnoff fee, have been paid in full. The turnoff fee
shall be $20.00, unless the same account should
become delinquent during a 12-month period. On a
second occurrence, the turnoff fee shall be $30.00.
On the third occurrence and each subsequent
occurrence, the turnoff fee shall be $40.00.
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.
There shall be a $10.00 charge added to the
account when a landlord turns tenant's water off, as
they must sign a hold harmless form and then give
advance notice at the service address. (Ord. 1745 §
6, 1998).
13-7 (Revised 6/99)
13.04.060
13.04.060 Liens.
The city treasurer is directed to prepare and file
a lien against any property where water and/or
sewer charges or water and/or sewer connection
fees remain unpaid for four months as provided in
RCW 35.21.290 and 35.67.200. A fee of $25.00
will be put on the account when the lien is filed.
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. 1745 § 7,
1998).
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:
(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. 1745 § 8, 1998).
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.
(Revised 6/99) 13-8
Port Orchard Municipal Code
13.04.130
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. 1745 § 9, 1998).
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. 1745
§ 10, 1998).
13.04.100 Cross connections.
The installation or maintenance of any cross
connection which would endanger the water sup-
ply of the city of Port Orchard is prohibited. Such
cross connections are declared to be a public health
hazard and shall be abated.
The control or elimination of cross connections
shall be in accordance with WAC 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. 1745 § 11, 1998).
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. 1745 § 12, 1998).
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. 1745 § 13, 1998).
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.
13-9 (Revised 6/99)
13.04.140
(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 by using the sani-
tary sewer system.
(12) Contents from any septic tank or cesspool.
(13) Any unauthorized use of an established
recreational vehicle dump station for other than
recreational vehicles or camp trailers. (Ord. 1745 §
14, 1998).
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. 1745 §
15, 1998).
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. 1745
§ 16, 1998).
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.
(Revised 6/99) 13-10
Port Orchard Municipal Code
13.04.170
(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. 1745 § 17, 1998).
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. 1745 §
18, 1998).
13-10.1 (Revised 6/99)
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(Revised 6/99) 13-10.2
Title 15
BUILDINGS AND STRUCTURES
Chapters:
15.04 Building Code
15.08 Plumbing Code
15.12 Fire Prevention Code
15.16 Signs
15.20 Repealed
15.24 Building Numbers
15.28 Fire Hydrant Installation
15.32 Stormwater Management
15.36 Mobile Home Installation and Inspection
15.38 Flood Damage Prevention
15.40 Repealed
15.44 Energy Code and Ventilation and Indoor Air Quality Code
15.48 Hazardous Materials Facility Warning System
15-1 (Revised 6/99)
Port Orchard Municipal Code
15.16.010
Chapter 15.16
SIGNS
Sections:
15.16.010
Definitions.
15.16.020
Signs prohibited.
15.16.030
Exemptions.
15.16.040
Permit equired.
15.16.050
Signs not requiring permits.
15.16.060
Application for permits.
15.16.070
Permit fees.
15.16.080 Issuance of permits — Inspection.
15.16.090 Maintenance.
15.16.100
Abandoned signs.
15.16.110
Illumination of signs.
15.16.120
Height of signs.
15.16.130
Design and construction specifications
15.16.140
On -premises requirements.
15.16.150
Real estate signs.
15.16.160
Political signs.
15.16.170
Portable signs.
15.16.180 Temporary and special event signs.
15.16.190 Entry way signs.
15.16.200 Billboards.
15.16.210
Sign regulations by zoning district.
15.16.220
Nonconforming signs.
15.16.230
Comprehensive design plan permits.
15.16.240
Variances.
15.16.250
Enforcement procedures.
15.16.260
Appeals.
15.16.270
Violations — Penalties.
15.16.010 Definitions.
For the purpose of this chapter, the following
definitions shall apply unless the context for mean-
ing clearly indicates otherwise:
(1) "Abandoned sign" means a sign no longer
identifies or advertises a bona fide business, lessor,
service, owner, product or activity, or for which no
legal owner can be found.
(2) "Awning sign" means the use of an awning
attached to a building for advertisement, identifica-
tion, or promotional purposes; provided, that only
that portion of the awning which bears graphics,
symbols and/or written copy shall be construed as
being a sign.
(3) "Billboard" means an outdoor advertising
sign or poster panel which advertises products,
businesses, and/or services not connected with the
site on which the sign is located, and which sign is
a substantial permanent structure with display ser-
vices of a type which are customarily leased for
commercial purposes.
(4) "Building official" as defined by the Uni-
form Building Code or his designated representa-
tive and/or the code enforcement officer.
(5) "Comprehensive design plan" means the
integration into one architectural design of the
building, landscaping, and signs.
(6) "Clearance of a sign" means the smallest
vertical distance between the grade of the adjacent
street or street curb and the lowest point of any
sign, including framework and embellishments,
extending over that grade.
(7) "Directional sign" means a single -faced or
double-faced sign not exceeding two feet by three
feet (six square feet) in surface area per side
designed to guide or direct pedestrian or vehicular
traffic to an area, place or convenience. Such sign
may include the name of the business. Advertising
on said signs shall be limited to incidental graphics
such as trade names and trademarks. For real estate
signs see POMC 15.16.150.
(8) "Electrical sign" means a sign structure in
which electrical wiring, connections, or fixtures
are used.
(9) "Entry way sign" means a city -owned sign
designed to advertise the city and aspects of the
city, to include, but not limited to, public buildings,
activities, and businesses.
(10) "Facade" means the entire building front,
or street wall face, including grade to the top of the
parapet or eaves, and the entire width of the build-
ing elevation.
(11) "Flashing sign" means a sign or a portion
thereof which changes light intensity or switches
on and off in a constant pattern, or contains motion
or the optical illusion of motion by use of electrical
energy.
(12) "Freestanding sign" means a permanent
pole, ground, or monument sign attached to the
ground and supported by uprights or braces placed
on or in the ground and not attached to any build-
ing.
(13) "Ground sign" means a freestanding sign
that is less than five feet in height.
(14) "Incidental sign" means a small sign,
emblem, or decal informing the public of goods,
facilities, or services available on the premises,
15-15 (Revised 6/99)
15.16.010
e.g., a credit card sign or a sign indicating hours of
business. Such signs shall not exceed 12 inches by
18 inches in size.
(15) "Indirect lighting" means lighting dis-
played or reflected on the surface or face of a sign
which is not inside the sign and not a part of the
sign proper.
(16) "Marquee" means:
(a) A permanent roof -like structure or can-
opy of rigid material supported by and extending
from the facade of a building.
(b) The "downtown marquee" is located at
the 700 and 800 blocks of Bay Street and adjacent
streets and was constructed with the city LID No.
65.
(17) "Monument sign" means a freestanding
sign no higher than six feet above grade, which is
attached to the ground by means of a wide base.
(18) "Multiple occupancy complex" means a
group of structures each housing at least one retail
business, office, or commercial venture, or a single
structure containing more than one separate busi-
ness entity.
(19) "Murals" means art renderings on exterior
walls.
(20) "Off -premises sign" means an outdoor
advertising, informational, directional, or identifi-
cation sign, which relates to products, businesses,
services, or premises not located on or otherwise
directly associated with the site on which the sign
is erected.
(21) "Pole sign" means any freestanding sign
more than five feet in height that does not meet the
definition of monument, ground, or portable sign.
These signs are composed of the sign cabinet or
base and the sign pole or pylon by which it con-
nects to the ground.
(22) "Political sign" means any sign intended to
promote an individual or an issue on an election
ballot to be voted upon by the Port Orchard general
electorate.
(23) "Portable sign" means any sign which is
designed to be periodically transported either man-
ually, on a vehicle, or on its own wheels, and which
is not designed to be permanently affixed to the
ground or to a structure. The removal of the wheels
from such a sign, or the attachment of such a sign
temporarily or permanently to the ground or to a
structure, does not, by itself, change the inherent
portability which was part of the original design of
the sign, and does not exempt it from this defini-
tion. A -board signs, banners, and other freestand-
ing signs are included in this category.
(24) "Projecting sign" means a sign, other than
a flat wall sign, which is attached to and projects 12
inches or more from a building wall or other struc-
ture not specifically designed to support the sign.
(25) "Reader board" means a sign or a part of a
sign on which the letters are readily replaceable
such that the copy can be changed from time -to -
time at will.
(26) "Real estate sign" means a sign erected by
the owner, or his agent, advertising the real estate
upon which the sign is located for rent, lease, or
sale, or directing interested parties to said property.
(27) "Roof sign" means any sign erected over
or on the roof of a building.
(28) "Sign" means any device, structure, fix-
ture, placard, painted surface, awning, banner, or
balloon using graphics, lights, symbols, and/or
written copy designed specifically for the purpose
of advertising, identifying, or promoting the inter-
est of any person, institution, business, event, prod-
uct, goods, or services; provided, that the same is
visible from any street, way, sidewalk, or parking
area open to the public.
(29) "Sign area" means the entire area of a sign
on which copy is to be placed. Sign structure,
architectural embellishments, filigree, framework,
and decorative features, which contain no written
or advertising copy, shall not be included. Sign
area shall be calculated by measuring the perimeter
enclosing the extreme limits of the module or back-
ground containing the advertising or identifying
message; provided, that individual letters using a
wall as a background, without added decoration or
change in wall color, shall have a sign area calcu-
lated by measuring the perimeter enclosing each
letter and totaling the square footage thereof. For
double-faced signs, total sign area shall be calcu-
lated by measuring only one face.
(30) "Sign height" means the vertical distance
from the base of the sign, including its supporting
columns, to the highest point of a sign or any verti-
cal projection thereof.
(31) "Temporary or special event sign" means a
nonpermanent sign intended for use for a short
period of time, including banners, pennants, or
advertising displays constructed of canvas, fabric,
wood, plastic, cardboard, or wallboard, with or
without frame. Signs in this category include signs
(Revised 6/99) 15-16
Port Orchard Municipal Code
15.16.030
painted on exterior window surfaces, which are
readily removed by washing, and signs referred to
in POMC 15.16.180.
(32) "Video billboards" means any billboard or
other outdoor sign, which uses television, com-
puter projections, or other similar technology, to
project images to the public.
(33) "Wall sign" means a sign attached, painted
onto or erected parallel to and extended not more
than one foot from the facade or face of any build-
ing to which it is attached and supported through-
out its entire length, with the exposed face of the
sign parallel to the plane of said wall or facade.
(Ord. 1762 § 2, 1999).
15.16.020 Signs prohibited.
The following types of signs are prohibited in
the city:
(1) Portable reader board signs;
(2) Signs that create a safety hazard for pedes-
trians or motorists, as determined by the police
chief or building official;
(3) Signs located in or on public right-of-way or
public property, with the following exceptions:
(a) Signs and projecting signs may extend
over public right-of-way if they otherwise conform
with this chapter;
(b) Temporary "A -board" real estate signs
are allowed on the periphery of public right-of-way
pursuant to POMC 15.16.150;
(c) Signs that are attached to the downtown
marquee and which meet the city standards for the
downtown marquee signs;
(d) Public transportation and city -owned
signs;
(e) Signs specifically approved by the city
council to be in the right-of-way;
(4) Signs imitating or resembling official traffic
or government signs or signals, as determined by
the public works director, or police chief,
(5) Signs attached to trees, utility poles, street-
lights, rocks, or other natural features;
(6) Signs placed on vehicles or trailers, which
are parked or located on publicly owned property
for the primary purpose of displaying said sign.
This does not apply to signs or lettering on buses,
taxis, or vehicles, which are advertising themselves
for sale;
(7) Signs over 32 square feet in area, which
rotate, or have a part or parts in excess of such size,
which move or revolve;
(8) Displays for more than 30 consecutive days
of banners, clusters of flags, posters, pennants, rib-
bons, streamers, strings of lights, spinners, twirlers
or propellers, flashing, rotating or blinking lights,
flares, balloons or inflated signs over 24 inches in
diameter, and similar devices of a carnival nature
are permitted on a limited basis pursuant to POMC
15.16.180. The same displays as described above
can only be on the same property three times a year
and with a minimum of 30 calendar days between
each time the displays are erected;
(9) Searchlights and beacons, except as permit-
ted for special events pursuant to POMC
15.16.180;
(10) Video billboards;
(11) Roof signs are prohibited in all zoning dis-
tricts. (Ord. 1762 § 3, 1999).
15.16.030 Exemptions.
The following signs or displays are exempted
from regulation under this chapter:
(1) Regulatory, informational, identification, or
directional signs installed by, or at the direction of
a government entity;
(2) Signs required by law;
(3) Official public notices, official court
notices, or official sheriff s notices;
(4) One off -premises identification sign, not
exceeding three square feet per face, for any frater-
nal, civic, or religious organization with an estab-
lished operation in the city, must be placed on
common sign base approved by city;
(5) Signs or displays not visible from streets,
ways, sidewalks, or parking areas open to the pub-
lic;
(6) The flag of government or noncommercial
institutions such as schools;
(7) Point -of -purchase advertising displays,
such as product dispensers;
(8) "No trespassing", "no dumping", "no park-
ing", "private" and other informational warning
signs which shall not exceed six square feet in sur-
face area;
(9) Structures intended for separate use such as
phone booths and recycling containers;
(10) Reasonable seasonal decorations within
the appropriate holiday season, or civic festival
season. Such displays shall be removed promptly
at the end of the season or event;
15-16.1 (Revised 6/99)
15.16.040
(11) Sculptures, fountains, mosaics, murals,
and design features, which do not incorporate
advertising or identification;
(12) Postal signs;
(13) Incidental signs; anything not covered
elsewhere in this chapter shall be limited to 12
inches by 18 inches in size;
(14) All signs which are wholly within the inte-
rior portion of a building, including interior win-
dow signs; provided, that such signs shall not be
exempt if they are in one of the categories prohib-
ited by POMC 15.16.020;
(15) Signs located on the interior sides of sports
field fencing. (Ord. 1762 § 4, 1999).
15.16.040 Permit required.
No sign, except for those exempted in this chap-
ter, shall be erected, re -erected, attached, structur-
ally altered or relocated by any person, firm or
corporation without a sign permit issued by the
city. In the case of electric signs, compliance with
the National Electrical Code shall be included as a
requirement of the sign permit. All sign permits
shall be issued by the building official. No permit
shall be required for repair, cleaning, repainting or
other normal maintenance, nor for changing the
message on a sign designed for changeable copy,
as long as the sign structure is not modified in any
way. (Ord. 1762 § 5, 1999).
15.16.050 Signs not requiring permits.
The following types of signs are exempted from
obtaining a sign permit, but must be in conform-
ance with all other requirements of this chapter:
(1) Real estate signs meeting the requirements
of POMC 15.16.150(1), (2) and (3);
(2) Political signs meeting the requirements of
POMC 15.16.160;
(3) Temporary and special event signs meeting
the requirements of POMC 15.16.180;
(4) Non -electric signs not exceeding three
square feet per face which are limited in content to
the name of occupant and address of the premises
in residential zones;
(5) On -premises directional signs, not exceed-
ing six square feet per face, the sole purpose of
which is to provide for vehicular and pedestrian
traffic direction. (Ord. 1762 § 6, 1999).
15.16.060 Application for permits.
Applications for sign permits shall be made to
the building official upon forms provided by the
city. Such applications shall require:
(1) Name and address of the owner of the sign;
(2) Street address or location of the property on
which the sign is to be located, together with the
name and address of the property owner;
(3) The type of sign or sign structure as defined
in this chapter;
(4) A site plan showing the proposed location
of the sign, together with the locations and square
footage areas of all existing signs on the same pre-
mises;
(5) Specifications and scale drawings showing
the materials, design, dimensions, structural sup-
ports, and electrical components of the proposed
sign. (Ord. 1762 § 7, 1999).
15.16.070 Permit fees.
All applications for permits shall be accompa-
nied by payment of fees based upon the city
adopted fee schedule in the Uniform Building
Code. (Ord. 1762 § 8, 1999).
15.16.080 Issuance of permits — Inspection.
(1) The building official shall issue a permit for
erection, alteration or relocation of a sign within 30
days of receipt of a complete application; provided,
that the sign complies with all applicable laws and
regulations of the city. In all applications, where a
matter of interpretation arises, the more specific
definition or higher standard shall prevail. The
building official may suspend or revoke an issued
permit for any false statement or misrepresentation
of fact in the application. If a permit is denied, the
permit fee will be refunded to the applicant. A per-
mit issued by the building official becomes null
and void if work is not commenced within 60 days
of issuance and is not completed within 180 days of
issuance. Proof of ordering the sign constitutes
commencement of work. Permits may be renewed
on time with an additional payment of one-half of
the original fee.
(2) Any person installing, altering, or relocating
a sign for which a permit has been issued shall
notify the building official upon completion of the
work. No sign shall be deemed approved until the
building official has conducted a final inspection
and indicated approval on the face of the sign per-
mit. (Ord. 1762 § 9, 1999).
(Revised 6/99) 15-16.2
Port Orchard Municipal Code
15.16.150
15.16.090 Maintenance.
All signs and components thereof must be main-
tained in good repair and in safe condition. (Ord.
1762 § 10, 1999).
15.16.100 Abandoned signs.
Abandoned signs shall be removed or message
coated out by the property owner or lessee within
30 days after the business or service advertised by
the sign is no longer conducted on the premises. If
the property owner or lessee fails to remove it, the
building official shall give the owner 10 days' writ-
ten notice to remove it. Upon failure to comply
with this notice, the building official may cause the
sign to be removed at cost to the owner of the pre-
mises. The cost of removal will be twice the total
cost of all labor, equipment, and material costs
incurred by the city to include 100 percent labor
overhead and 15 percent materials markup. Foun-
dations, and posts and structure of the sign, with all
advertising copy removed, may remain on the pre-
mises for up to three years with the owner's written
consent, on the condition that the same must be
continuously maintained pursuant to POMC
15.16.090. (Ord. 1762 § 11, 1999).
15.16.110 Illumination of signs.
(1) The light direction upon, or internal to, any
sign shall be shaded, shielded, or directed so that
the light intensity or brightness shall not adversely
affect surrounding or facing premises or adversely
affect safe vision of operators of vehicles moving
on public or private roads, highways, or parking
areas, or adversely affect safe vision of pedestrians
on a public right-of-way. No signs shall have blink-
ing, flashing or fluttering lights, or other illumina-
tion devices which have a changing light intensity
or brightness; provided, that certain illumination of
this description is permitted on a limited basis by
POMC 15.16.180.
(2) Sequential messages, such as time and
dates, are permitted. (Ord. 1762 § 12, 1999).
15.16.120 Height of signs.
No sign in a residential district shall extend
more than six feet above the elevation of the
address street. No sign in any mixed use, commer-
cial, or employment district shall extend more than
20 feet above the elevation of the address street,
with the following exceptions:
(1) In cases where height variances are granted
by the planning commission for freestanding signs;
(2) In cases of billboards regulated by POMC
15.16.200;
(3) When the sign is within a specific special
area which has design guidelines and is established
by city council resolution. (Ord. 1762 § 13, 1999).
15.16.130 Design and construction
specifications.
(1) The Uniform Sign Code, of the Interna-
tional Conference of Building Officials, as adopted
by the city is adopted by reference. Said section
specifies design criteria, construction standards,
requirements for materials, and limitations on the
projection and clearance of signs.
(2) All freestanding monument and pole signs
shall have self-supporting structures erected on or
permanently attached to an adequate foundation
approved by the building official.
(3) All portable signs on display shall be braced
or secured to prevent motion.
(4) All signs abutting or extending over public
right-of-way shall be subject to review by the
police chief and/or building official for the purpose
of determining that there will be no hazards created
for motorists or pedestrians. No sign shall project
within two feet of the curb line, with exception of
requirements of designated overlay zones. (Ord.
1762 § 14, 1999).
15.16.140 On -premises requirements.
All signs, except billboards, real estate, political
and directional signs meeting the requirements of
this chapter, shall be located on the premises of the
business being advertised; provided, that several
businesses located contiguous to each other, but
not sharing a common property ownership, may
choose to share a freestanding sign located on the
property of one of the businesses. (Ord. 1762 § 15,
1999).
15.16.150 Real estate signs.
All exterior real estate signs must be of a durable
material. Only the following real estate signs are
permitted:
(1) Residential For Sale or Rent Signs. Signs
advertising residential property for sale or rent
shall be limited to one single -faced or double-faced
sign per street frontage. Such signs shall not exceed
four square feet per face, and must be placed
15-16.3 (Revised 6/99)
15.16.160
wholly on the subject property. Such signs may be
displayed while the property is actually for sale or
rent. A sold sign may remain up for 10 days after
the occupancy of residential property.
(2) Residential Directional Signs. Signs adver-
tising open house and the direction to a residence
for sale or rent shall be limited to three single -faced
or double-faced off -premises signs. Such signs
may not exceed four square feet per face. Such
signs are permitted only when a real estate agent or
seller is in attendance at the property for sale, and
not overnight. Such signs may be placed along the
periphery of public right-of-way, but shall not be
placed on a sidewalk or in any location where they
would cause a public hazard as determined by the
police chief and/or building official.
(3) Commercial or Employment For Sale or
Rent Signs. Signs advertising commercial or
employment property for sale or rent shall be lim-
ited to one single -faced or double-faced sign per
street frontage. Signs may be displayed while the
property is actually for sale or rent up to one year;
if at that time property is not sold or rented, a per-
manent sign is required. The signs shall not exceed
32 square feet per face. If freestanding, the signs
shall not exceed five feet in height and shall be
located at least 15 feet from any abutting interior
property line and wholly on the property for sale or
rent. In applications where constant leasing/rentals
occur, a permanent sign may be erected on the
property in accordance with the permanent sign
requirements.
(4) Temporary Subdivision Signs. Signs adver-
tising residential subdivisions shall be limited to
one single -faced or double-faced sign per street
frontage. Such signs shall not exceed 32 square feet
per face and shall not exceed 10 feet in height.
They shall be set back at least 10 feet from any
abutting interior property line and shall be wholly
on the property being subdivided and sold. (Ord.
1762 § 16, 1999).
15.16.160 Political signs.
Signs, posters, or bills promoting or publicizing
candidates for public office or issues that are to be
voted upon in a primary, general, or special elec-
tion may be displayed on private property in accor-
dance with the following restrictions:
(1) Time Limitations. Political signs shall be
permitted only for a period of 30 days preceding
the primary election and for a period of seven days
following the general election.
(2) Prohibited on Public Property. It is unlawful
for any person to paste, paint, affix, or fasten any
political sign on a utility pole or on any public
right-of-way, property, building, or structure.
(3) Responsibility for Compliance. It shall be
presumed that any violation of this section was
done at the direction and request of the political
candidate and/or campaign director. (Ord. 1762
§ 17, 1999).
15.16.170 Portable signs.
The following regulations shall apply to all por-
table signs except in cases where such signs are
also included in more specific categories of this
chapter:
(1) Portable signs, except banners, shall not
exceed 12 square feet per side, with no one side
having a dimension greater than four feet;
(2) No more than one portable sign may be dis-
played per street frontage;
(3) All portable signs shall be located on the
premises, which they are advertising;
(4) Portable signs shall be non -electric;
(5) Portable signs shall not be reader boards.
(Ord. 1762 § 18, 1999).
15.16.180 Temporary and special event signs.
Except as otherwise provided below for certain
special categories, temporary, and special event
signs shall not exceed 32 square feet in area per
face.
(1) Construction Signs. Construction signs
identify the architects, engineers, contractors, or
other individuals or firm involved with the con-
struction of a building and announce the character
of the building or the purpose for which the build-
ing is intended. Such signs may be displayed only
after a building permit is obtained and during the
period of construction on the construction site.
Only one such sign is permitted per street frontage.
No construction sign shall exceed 32 square feet
per face or 10 feet in height, nor shall it be located
closer than 10 feet from an interior property line.
Construction signs shall be removed by the date of
first occupancy of the premises, or upon expiration
of the building permit, whichever first occurs.
(2) Grand Opening Displays. Temporary signs,
posters, banners, strings of lights, clusters of flags,
blinking lights, balloons, searchlights, and beacons
(Revised 6/99) 15-16.4
Port Orchard Municipal Code
15.16.200
are permitted for a period not to exceed 60 days to
announce the opening of a completely new enter-
prise or the opening of an enterprise under new
ownership. All such signs and materials shall be
located on the premises being advertised, and shall
be removed immediately upon expiration of said
60-day period.
(3) Special Sales and Events. Temporary signs,
posters, banners, strings of lights, clusters of flags,
balloons, searchlights, and beacons are permitted
for the limited purpose of announcing a retail sale
or special event in business or commercial zones,
but not on a routine basis. All such advertising
material shall be located on the premises being
advertised and shall be removed immediately upon
expiration of said special sale or event. Such spe-
cial sale of event shall be limited to a 60-day
period.
(4) Quitting Business Sales. Temporary signs,
posters, and banners are permitted for a period of
90 continuous days for the purpose of advertising
quitting business sales, liquidation sales, or other
events of a similar nature. All such signs shall be
located on the premises being advertised and shall
be removed immediately upon expiration of the 90-
day period, or conclusion of the sale, whichever
occurs first.
(5) Seasonal lighting shall be permitted on the
downtown marquee and over the street for a period
of 60 days.
(6) Product Advertising Signs. A banner whose
primary objective is to advertise a specific product
or brand name and is located outside the business
building. Product advertising signs shall be limited
to 30 days per product and/or sign every six
months. (Ord. 1762 § 19, 1999).
15.16.190 Entry way signs.
(1) Entry way signs will be constructed in the
public right-of-way, as directed by the city council.
(2) The entry way sign shall be a single monu-
ment sign and will be large enough for individual
directional signs for businesses advertised on State
Road 16. A fee will be established for signs posted
on an entry way sign. (Ord. 1762 § 20, 1999).
15.16.200 Billboards.
(1) Permitted Zones. Billboards shall be per-
mitted only in commercial and employment zones.
(2) Heights. The maximum height of a bill-
board shall not exceed 35 feet from the street level.
(3) Size. The maximum sign dimensions for a
billboard shall be 12 feet in height and 25 feet in
length, excluding supports and foundations, for a
total maximum sign area of 300 square feet per
face. Billboards may be either single -faced or dou-
ble-faced.
(4) Location Restrictions.
(a) Billboards shall be located only on prop-
erty abutting a state highway and shall be oriented
towards the state highway.
(b) Billboards shall not be less than 100 feet
from an intersection; provided, that a greater dis-
tance may be required if the city finds that a spe-
cific billboard at a specific location will obstruct or
physically interfere with a motorist's view of
approaching, merging or intersection traffic.
(c) Billboards shall not be closer than 300
feet from any residential zone.
(d) Billboards shall not be closer than 15
feet from the outside edge of the public right-of-
way.
(e) A billboard shall not be located within
1,000 feet of another billboard on the same side of
the street. Back-to-back and v-type sign structures
shall be considered one sign structure.
(f) Billboards shall not be permitted as roof
signs.
(g) Billboards shall not block the public vis-
ibility of any on -premises signs or the visibility for
motorists of any official traffic sign, signal, or
device.
(h) Billboards shall not block, obstruct, or
detract from any unique scenic view enjoyed by the
public or by private parties. The back of billboards
will be finished if visible by the public and all areas
visible by the public shall be landscaped with
drought resistant native vegetation as approved by
the public works director. The finish will be nonre-
flective, painted, and conceal the framework of the
structure.
(5) Lighting. Lighting on billboards shall be for
the sole purpose of illuminating the advertising
message on the display surface, and shall not con-
stitute any part of the message itself, directly, or
indirectly. There shall be no blinking, flashing, or
fluttering lights. All lighting shall be directed
towards the display surface and shall not create a
hazard to motorists or a nuisance to adjoining prop-
erty owners.
15-16.5 (Revised 6/99)
15.16.210
(6) State Requirements. All billboards visible
from a state highway shall comply with the
requirements of Chapter 47.42 RCW.
(7) License Requirements.
(a) Business License. A business license as
specified in Chapter 5.12 POMC shall be required
for each business owning one or more billboards,
which are erected in the city.
(b) Billboard License. A billboard license as
specified in Chapter 5.52 POMC shall be required
for each person who is engaged in or carries on the
business or occupation of outdoor advertising.
(8) Nonconforming Billboards. Billboards
existing on the date of adoption of the ordinance
codified in this chapter which were in full compli-
ance with all codes and regulations of the city at
said time, but which do not comply with this chap-
ter, shall be regarded as nonconforming billboards.
Said billboards shall be allowed to continue if
properly repaired and maintained. If such bill-
boards are structurally altered, relocated, or
replaced, they shall lose their nonconforming sta-
tus; further, such billboards shall lose their noncon-
forming status if a change of use occurs on the
underlying property. A billboard without noncon-
forming status shall immediately be removed or
brought into compliance with all current provisions
of this section. (Ord. 1762 § 21, 1999).
15.16.210 Sign regulations by zoning district.
In addition to all other provisions of this chapter,
the following special regulations shall apply in
each of the zoning districts referred to below:
(1) Residential Districts.
(a) The total combined area of all nonex-
empt signs on any lot in a residential district shall
not exceed three square feet, except as provided in
subsection (g) of this section.
(b) All dwelling units in residential districts
shall display house numbers, no less than four
inches in height, readable from the street.
(c) Illumination from or upon signs in resi-
dential districts shall be shaded, shielded, directed,
or reduced so that the light intensity or brightness
does not impact the residential property in the
vicinity in any substantial way.
(d) There shall be no freestanding pole signs
in residential districts.
(e) No permanent sign shall be located
closer than 10 feet to an internal property line, or
closer than 10 feet from the front lot line unless
attached to a fence. Signs, which are attached to
fences, shall not extend higher than the fence.
(f) Residential subdivisions and multiple -
family developments:
(i) One monument sign up to 15 square
feet in area per face at each entrance to the devel-
opment or a single monument sign up to 32 square
feet in area per face per development, which may
be illuminated, but not flashing;
(ii) Directional and informational signs
for the convenience of tenants and the public rela-
tive to parking, office, traffic movement, etc.;
(iii) Real estate for sale or rent signs pur-
suant to POMC 15.16.150.
(g) Home occupation and day care signs
shall not exceed four square feet per face and shall
be wall signs or ground signs. Ground signs shall
be set back a minimum of 10 feet from the property
line. The sign may be mounted on the property
fence, but not higher than the fence.
(h) Signs for conditional uses shall comply
with residential sign requirements.
(i) Temporary sale signs (garage sale, estate
sale, etc.) may be displayed no more than three
days prior to the event and shall be removed 24
hours after the event is completed. There shall be
no more two such events advertised with tempo-
rary sales signs for any residence per year, and no
such event shall continue for more than six days
within a 15-day period.
0) Signs for churches, health care facilities,
or multi -unit group residences shall be limited to
monument signs, which are no higher than six feet
above the ground and do not have interior lighting.
Size must comply with subsection (g) of this sec-
tion.
(2) Mobile/Manufactured Home Parks. Signs
and advertising devices shall be prohibited in a
mobile/manufactured home park except monument
signs shall have the same limits as monument signs
in residential areas.
(3) Mixed Use, Commercial and Employment
Districts.
(a) Projecting signs shall not project more
than six feet from a building nor within two feet of
the curb line, and shall not exceed 32 square feet
per face.
(b) Signs in mixed use, commercial or
employment zoned areas can have a zero -foot set-
back.
(Revised 6/99) 15-16.6
Port Orchard Municipal Code
15.16.220
(c) Gasoline price signs shall not obstruct
line of sight for ingress or egress and must be per-
manently anchored. Such signs may be freestand-
ing or attached to canopy columns, and shall not be
portable. The sign area shall not exceed 12 square
feet and no more than one such sign for each street
frontage is permitted. Gasoline price signs comply-
ing with this section shall not be included in deter-
mining the total sign area of a business.
(d) Each business building shall display a
street address number identification sign readable
from the street. The minimum height of the street
address numbers shall be six inches.
(e) Freestanding, pole, ground, and monu-
ment signs and temporary or portable signs, which
are not attached to structures, shall comply with the
following size limitations:
(i) For single occupancy buildings the
maximum total sign area permitted shall be the
greater of the following:
(A) Thirty-two square feet, counting
only one side of double-faced signs; or
(B) One square foot for each lineal
foot of street frontage for the first 100 feet, and
one-half square foot for each lineal foot of street
frontage thereafter, not to exceed 200 square feet of
sign area per street frontage. No single sign face
shall exceed 75 square feet;
(ii) For multiple -occupancy complexes,
each business shall be permitted a wall sign not to
exceed one square foot per lineal foot of wall front-
age to a maximum of 32 square feet; and if the
complex has a marquee, each business shall be per-
mitted one under -marquee sign.
Freestanding, pole, ground, and monu-
ment signs and temporary or portable signs, which
are not attached to structures in multiple -occu-
pancy complexes shall be permitted one square
foot for each lineal foot of street frontage for the
first 100 feet, and one-half square foot for each lin-
eal foot of street frontage thereafter, not to exceed
200 square feet of sign area per street frontage. No
single sign face shall exceed 75 square feet. Multi-
ple -occupancy complexes are limited to one free-
standing, pole, ground or monument sign per street
frontage;
(iii) Signs along the city -owned down-
town marquee shall be consistent with the follow-
ing standards:
(A) The sign shall be constructed of
wood and mounted flushed to the marquee railing;
(B) For a parcel of property, the total
signage shall not exceed 30 percent of the front
footage of that tax parcel;
(C) The sign is to be centered on the
horizontal plane of the marquee and shall not ex-
tend above the top or bottom of the marquee railing
face;
(D) No sign is to have a right angle
corner. The sign can be finished in a manner such
as the following:
(E) All signs shall have a profes-
sional appearance;
(F) Signs under the marquee shall be
placed to allow seven feet clearance above the
sidewalk. The sign shall be rectangular in shape,
corner treatment as per subsection (3)(e)(iii)(D) of
this section, and shall be installed per city stan-
dards. An example of the sign is as follows:
(G) Any movie theater with more
than 150 seats is exempt from the standards of sub-
section (3)(e)(iii) of this section, concerning the
city -owned downtown marquee.
(4) Community Facilities District. Signs within
the community facilities district shall comply with
the regulations applicable for commercial districts,
unless the property has a city -approved site plan
specific signage plan. (Ord. 1762 § 22, 1999).
15.16.220 Nonconforming signs.
(1) Signs existing on the date of adoption of the
ordinance codified in this chapter, which do not
conform to the specific provisions of this section,
shall be deemed to be legal nonconforming signs
which are exempt from the provisions of this sec-
tion only on the following conditions:
(a) The sign was lawfully erected in full
compliance with all codes, which were then appli-
cable.
(b) The sign does not endanger the public
health, safety, or welfare.
(c) The sign does not lose its nonconform-
ing status as provided in subsection (2) of this sec-
tion; provided, that nonconforming status shall not
apply to temporary, special event, real estate, or
portable signs, or to any sign on public right-of-
15-16.7 (Revised 6/99)
15.16.230
way. The nonconforming status of billboards is
regulated by POMC 15.16.200; provided further,
that portable reader board signs which meet the
nonconforming criteria specified in subsection (1)
of this section shall be granted a phase -out period
of 12 months from the adoption of the ordinance
codified in this chapter or until they lose their non-
conforming status as provided in subsection (2) of
this section, whichever occurs first.
(2) A legal nonconforming sign may lose said
designation if any of the following occur:
(a) If the sign is not continuously main-
tained and repaired as required by POMC
15.16.090.
(b) If the sign structure is relocated or
replaced (not to include a mere change of advertis-
ing copy).
(c) If the structure or size of the sign is
altered in any way to make it more nonconforming
with the provisions of this section. This does not
refer to a change of copy or normal maintenance.
(d) If the sign suffers more than 50 percent
appraised damage or deterioration.
(3) A sign permit shall not be issued if the per-
mit authorizes a nonconforming sign to be modi-
fied, enlarged, extended, constructed, recon-
structed, moved, or structurally altered in such a
manner that would continue to keep the sign out of
conformance with this chapter.
(4) The owner may continue using the noncon-
forming sign, for a period determined by use of the
table contained in this section. At the expiration of
any such period, the owner shall at his/her expense
either remove the sign and its supporting members
or modify or replace it so as to bring it into compli-
ance with the requirements and standards of this
title.
As used in the table, "time limitation" means the
period which begins to run when the building offi-
cial mails notice of the valuation of the sign to the
owner of real property on which it is situated, as
disclosed by the most recent county assessor's
rolls. The "value of sign" means the valuation
determined by the building official, who may con-
sider evidence of the sign's original cost, replace-
ment cost, salvage value, adjusted basis for income
tax purposes and fair rental value, to the extent
such evidence is available. The owner may appeal
to the city council. Such appeal shall be filed
within 60 days of the building official's notice and
shall present evidence that the sign was in accor-
dance with the requirements of the municipal code
in force at time the sign was erected.
Value of Sign Time Limitation
$1,000 or less ............................ One year
More than $1,000, but less
than $10,000 ......................... Three years
$10,000 or more ........................ Five years
(Ord. 1762 § 23, 1999).
15.16.230 Comprehensive design plan permits.
Application may be made to the city council for
special consideration whereby deviations from the
requirements and restrictions of this section may be
permitted when an applicant is using a comprehen-
sive design plan to integrate signs into the frame-
work of the building or buildings, landscaping, and
other design features of the property, utilizing an
overall design theme. Comprehensive design may
be used on an existing building where the facade is
being altered, when there is new construction, or in
freestanding signs. These permits are not to be con-
fused with the procedures for obtaining variances
for hardship or unusual circumstances. Rather,
these permits are based upon the applicant satisfy-
ing the city council that an exceptional effort has
been made toward creating harmony between the
sign, the building and the site where it is located
through use of a consistent design theme which
complements and enhances surrounding natural
beauty of the area. The comprehensive design plan
shall be presented to the city council with a narra-
tive describing the proposed plan. The city council
shall assess the applicant's information using the
following criteria:
(1) Whether the proposal manifests exceptional
visual harmony between the sign, buildings and
other components of the subject property through
the use of a consistent design theme;
(2) Whether the sign or signs promoting the
planned land use in the area of the subject property
enhance the aesthetics of the surrounding area;
(3) Whether the sign and its placement
obstructs or interferes with any other sign or prop-
erty in the area or obstructs natural scenic views;
and
(4) Whether the proposed plan is aesthetically
superior to what could be installed under existing
criteria in this chapter. (Ord. 1762 § 24, 1999).
(Revised 6/99) 15-16.8
Port Orchard Municipal Code
15.16.270
15.16.240 Variances.
(1) Any person may apply to the city planning
commission for a variance from the requirements
of this chapter. Variance applications shall be pro-
cessed pursuant to the procedures for zoning vari-
ances specified in the zoning ordinance. No
application for a variance shall be granted unless
the planning commission finds:
(a) The variance shall not constitute a grant
of special privilege inconsistent with limitations in
this chapter on the types of signs allowed in the
same vicinity and zone; that is, there shall be no
variances which allow types of signs in any zone
which would be otherwise prohibited; and
(b) The variance is necessary because of
special circumstances relating to the size, shape,
topography, location, or surroundings of the sub-
ject property, to provide it with use rights and priv-
ileges permitted to other properties in the same
vicinity and zone; and
(c) The granting of the variance will not be
materially detrimental to the public welfare or inju-
rious to property or improvements in the vicinity;
and
(d) The variance will not be contrary to the
spirit and purpose of this chapter.
(2) In granting a variance, the planning com-
mission may attach thereto such conditions regard-
ing the locations, character, and features of the
proposed sign as it may deem necessary to carry
out the spirit and purpose of this chapter in the pub-
lic interest.
(3) Variances for height of signs in a residential
district, POW 15.16.120, may be processed as an
administrative variance by the city planner, pursu-
ant to the procedures established by the city coun-
cil. (Ord. 1762 § 25, 1999).
15.16.250 Enforcement procedures.
(1) The building official shall have jurisdiction
to administratively enforce the provisions of this
chapter. Upon presentation of proper credentials,
the building official or his duly authorized repre-
sentative may, at all reasonable times, enter upon
any premises to inspect the same for violations of
this chapter. All signs for which a permit is
required hereunder are subject to periodic inspec-
tion by the building official.
(2) The building official may use the following
administrative methods of enforcing the provisions
of this chapter:
(a) In cases where the building official
determines that a sign presents an immediate threat
to the safety of the public, or a sign is unlawfully
located on public property, the building official
may order the sign to be immediately removed by
the owner or by the city at the owner's cost.
(b) In cases where a sign is erected or
installed without a permit in violation of this chap-
ter, the building official shall give written notice to
the owner, to comply with the provisions of this
chapter or remove the sign within 48 hours. Such
notice shall be posted on the property and hand -
delivered to the owner if the address of the owner
is known to be within the city of Port Orchard. If
compliance within 48 hours is not obtained, the
building official may order the sign to be removed
by the owner or by the city at the owner's cost. This
48 hours serves as the administrative period.
(c) In all other cases where the building offi-
cial identifies a violation of any provision of this
chapter, he shall give 10 days' notice, in writing,
by regular and certified mail, to the owner to bring
the sign into compliance with this chapter or to
remove it. Upon failure to comply with said notice,
the building official may order the sign removed by
the owner or by the city at the owner's cost.
(d) As used in this section, the term "owner"
shall refer to the owner of the sign in question; pro-
vided, that if the building official is unable, after
reasonable efforts, to determine the identity of the
owner of the sign, the building official may notify,
instead, the owner of the real property on which the
sign is located, and may rely upon the name and
address of such owner which appeared in the
records of the Kitsap County assessor. (Ord. 1762
§ 26, 1999).
15.16.260 Appeals.
Any aggrieved parry may appeal a decision or
order of the building official under this chapter to
the city council. Appeals shall be filed with the city
clerk within 10 days of the date of the building offi-
cial's decision. No fee shall be charged for such an
appeal. (Ord. 1762 § 27, 1999).
15.16.270 Violations — Penalties.
After the administrative warning period referred
to in POMC 15.16.250(2)(b) has expired, any per-
son, business or corporation violating a provision
of this chapter shall be construed as having com-
mitted a civil infraction and upon a finding of lia-
15-16.9 (Revised 6/99)
15.16.270
bility, shall pay a civil penalty of not more than
$250.00. Each day a violation exists shall be con-
sidered a separate infraction. Any person, firm or
corporation interfering with the building official's
enforcement of this chapter may be cited under the
city's criminal code for the offense of obstructing a
public officer. (Ord. 1762 § 28, 1999).
Chapter 15.20
BUILDING USE REGISTRATION
(Repealed by Ord. 1665)
(Revised 6/99) 15-16.10
Port Orchard Municipal Code
15.28.020
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.
15-16.11 (Revised 6/99)
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(Revised 6/99) 15-16.12
Port Orchard Municipal Code
15.32.010
Chapter 15.32
STORMWATER MANAGEMENT
Sections:
15.32.010
General provisions.
15.32.020
Definitions.
15.32.030
Permits.
15.32.040
Covenants, sureties, and liability
insurance.
15.32.050
Erosion and sediment control.
15.32.060
Grading.
15.32.070
Stormwater management.
15.32.080
Operation and maintenance.
15.32.090
Critical drainage areas.
15.32.100
Water quality.
15.32.110
Enforcement.
15.32.010 General provisions.
(1) Declaration of Title. This chapter shall be
knows as the "Stormwater Management Ordi-
nance."
(2) Stormwater Management Standards and
Specifications. The Port Orchard city council rec-
ognizes that stormwater control technology is a
developing and evolving science. In order to
ensure that the latest and best technology is utilized
in Port Orchard, Exhibit "A", attached hereto and
incorporated herein by this reference is hereby
adopted as the "Port Orchard Stormwater Design
Manual." All references to this chapter shall
include the Port Orchard Stormwater Design Man-
ual. The director may amend the Port Orchard
Stormwater Design Manual, with the approval of
the Port Orchard city council, as necessary to
reflect changing conditions and technology. All
requirements contained in the Port Orchard Storm -
water Design Manual, together with any amend-
ments thereto, must be complied with as provided
in subsection (6) of this section.
(3) Technical Deviations. The director may
grant technical deviations from requirements con-
tained in the Port Orchard Stormwater Design
Manual; provided, that all of the following criteria
are met:
(a) The technical deviation will not other-
wise result in noncompliance with this chapter.
(b) The granting of the technical deviation
will not result in noncompliance with the develop-
ment conditions imposed upon the project by the
city council.
(c) The granting of the technical deviation
will produce a compensating or comparable result
that is in the public interest.
(d) The granting of the technical deviation
will meet the objectives of safety, function, appear-
ance, environmental protection, and maintainabil-
ity based on sound engineering judgment.
(4) Variances. The city council may, at a public
hearing, grant a variance from the provisions of
this chapter; provided, that all of the following cri-
teria are met:
(a) The granting of the variance will pro-
duce a compensating or comparable result that is in
the public interest.
(b) The granting of the variance will meet
the objectives of safety, function, appearance,
environmental protection, and maintainability
based on sound engineering judgment.
(5) Water Quality. For circumstances or condi-
tions related to water quality which are not specif-
ically addressed within the scope of this chapter,
the most current edition of the Washington State
Department of Ecology publication "Stormwater
Management Manual for the Puget Sound Basin" is
hereby adopted as the preferred reference for the
design and implementation of stormwater manage-
ment practices.
(6) Applicability. The provisions of this chapter
shall apply to all site development activities requir-
ing land use permits and approvals as defined in
POMC 15.32.020, both public and private, within
the bounds of incorporated Port Orchard. The pro-
visions of POMC 15.32.080, Operation and main-
tenance, shall also apply to existing stormwater
facilities in incorporated Port Orchard. The provi-
sions of POMC 15.32.100, Water quality, shall
apply to all situations and circumstances through-
out incorporated Port Orchard.
(7) Applicability of Other Ordinances. Any
land development which is required by operation
of any city of Port Orchard ordinance, state law, or
federal law to construct, install, or modify any nat-
ural or manmade drainage features within, abut-
ting, or serving the development shall do so in
accordance with this chapter. However, where the
provisions of this chapter directly conflict with any
other city of Port Orchard ordinance, state law, fed-
eral law, or comprehensive drainage plan, the more
stringent provisions shall apply to the extent per-
missible by law.
15-19 (Revised 6/99)
15.32.020
(8) Administration. The director, or an assignee,
shall administer this chapter. The director shall
have the authority to develop and implement pro-
cedures to administer and enforce this chapter.
(9) Appeals. An aggrieved party may appeal
any administrative interpretation or departmental
ruling related to this chapter to the Port Orchard
city council.
(10) Effective Date. The ordinance codified in
this chapter shall become effective on March 22,
1999. (Ord. 1736 § 1, 1998).
15.32.020 Definitions.
The following definitions of terms shall apply to
this chapter:
(1) "Accepted performance of construction"
shall mean the written acknowledgment from the
director of the satisfactory completion of all work
accepted by the city, including all work shown on
the accepted plans, accepted revisions to the plans,
and accepted field changes.
(2) "Applicant" shall mean the person, party,
firm, corporation, or other legal entity that pro-
poses to engage in site development activities in
incorporated Port Orchard by submitting an appli-
cation for any of the activities covered by this
chapter on a form furnished by the city and paying
the required application fees.
(3) "Basin plan" shall mean a plan and all
implementing regulations and procedures includ-
ing, but not limited to, land use management
adopted by ordinance for managing stormwater
quality and quantity management facilities and
drainage features within individual subbasins.
(4) "Best management practices (BMPs)" shall
mean physical, structural, and/or managerial prac-
tices that, when used singly or in combination, pre-
vent or reduce pollution of water, and have been
approved by the city as accepted BMPs.
(5) `Biofiltration/biofilter facilities" shall mean
vegetative BMPs that treat stormwater by filtration
through vegetation. Biofiltration facilities include,
but are not limited to, grassed or vegetated swales
and filter strips.
(6) "Bond" shall mean a financial guarantee, in
the form of a surety bond, assignment of funds, or
irrevocable bank letter of credit, that shall guaran-
tee compliance with applicable provisions of this
chapter.
(7) "City" shall mean city of Port Orchard.
(8) "Civil engineer" shall mean a professional
engineer currently registered in the state of Wash-
ington to practice in the field of civil engineering.
(9) "Clearing or land clearing" shall mean the
surface removal of vegetation.
(10) "Closed depressions" shall mean
low-lying areas that have no surface outlet, or such
a limited surface outlet that in most storm events
the area acts as a retention basin, holding water for
infiltration, evaporation, or transpiration.
(11) "Comprehensive drainage plan" shall
mean a detailed analysis, adopted by the city, for a
drainage basin which assesses the capabilities and
needs for runoff accommodation due to various
combinations of development, land use, structural
and nonstructural management alternatives. The
plan recommends the form, location and extent of
stormwater quantity and quality control measures
that would satisfy legal constraints, water quality
standards, and community standards, and identifies
the institutional and funding requirements for plan
implementation.
(12) "Contiguous land" shall mean land adjoin-
ing and touching other land regardless of whether
or not portions of the parcels have separate asses-
sor's tax numbers or were purchased at different
times, lie in different sections, are in different gov-
ernment lots, or are separated from each other by
private road or private rights -of -way.
(13) "Critical drainage area" shall refer to those
areas designated in POMC 15.32.090, Critical
drainage areas, which have a high potential for
stormwater quantity or quality problems.
(14) "Design storm event" shall mean a theoret-
ical storm event, of a given frequency, interval, and
duration, used in the analysis and design of a
stormwater facility.
(15) "Detention facilities" shall mean stormwa-
ter facilities designed to store runoff while gradu-
ally releasing it at a predetermined controlled rate.
"Detention facilities" shall include all appurte-
nances associated with their designed function,
maintenance, and security.
(16) "Developed site" shall mean the condition
of the development site following completion of
construction of the development including all
approved phases of construction.
(17) "Director" shall refer to the director of the
city of Port Orchard department of public works or
assigns.
(Revised 6/99) 15-20
Port Orchard Municipal Code
15.32.020
(18) "Diversion" shall mean the routing of
stormwater to other than its natural discharge loca-
tion.
(19) "Drainage feature" shall mean any natural
or manmade structure, facility, conveyance, or
topographic feature which has the potential to con-
centrate, convey, detain, retain, infiltrate, or affect
the flow rate of stormwater runoff.
(20) "Drainage plan" shall mean a plan for the
collection, transport, treatment, and discharge of
runoff, and may include both the plan and profile
views of the site as well as construction details and
notes.
(21) "Easement" shall mean an acquired privi-
lege or right of use or enjoyment that a person,
party, firm, corporation, municipality, or other
legal entity has in the land of another.
(22) "Erosion control design storm" shall mean
the two-year frequency, 24-hour duration storm
event used for analysis and design of sedimentation
and erosion control facilities.
(23) "Existing stormwater facilities" shall
mean those facilities constructed or under permit-
ted construction prior to the effective date of the
ordinance codified in this chapter.
(24) "Forested land" shall mean "forested land"
as defined in RCW 76.09.020, and shall include all
land which is capable of supporting a merchantable
stand of timber and is not being actively used in a
manner incompatible with timber growing.
(25) "Geotechnical engineer" shall mean a
practicing professional engineer licensed in the
state of Washington who has at least four years of
professional experience in geotechnical and land-
slide evaluation.
(26) "Geotechnical report" shall mean a study
of the effects of drainage and drainage facilities on
soil characteristics, geology and ground water. The
geotechnical analysis shall be prepared by a geo-
technical engineer.
(27) "Grading" shall mean any excavating, fill-
ing, or embanking of earth materials.
(28) "Grubbing" shall mean the removal of
vegetative matter from underground, such as sod,
stumps, roots, buried logs, or other debris, and
shall include the incidental removal of topsoil to a
depth not exceeding 12 inches.
(29) "Hydrograph" shall mean a graph of run-
off rate, inflow rate, or discharge rate, past a spe-
cific point over time.
(30) "Hydrograph method" shall mean a
method of estimating a hydrograph using a mathe-
matical simulation. Commonly accepted hydro -
graph methods include the Soil Conservation Ser-
vice TR-55 Method and the Santa Barbara Urban
Hydrograph Method.
(31) "Illicit discharge" shall mean all non-
stormwater discharges to stormwater drainage sys-
tems that cause or contribute to a violation of state
water quality, sediment quality, or ground water
quality standards, including but not limited to, san-
itary sewer connections, industrial process water,
interior floor drains, and graywater systems.
(32) "Impervious surface" shall mean a hard
surface area which either prevents or retards the
entry of water into the soil mantle as under natural
conditions prior to development, and/or a hard sur-
face area which causes water to run off the surface
in greater quantities or at an increased rate of flow
from the flow present under natural conditions
prior to development. Common impervious sur-
faces include, but are not limited to, roof tops,
walkways, patios, driveways, parking lots, or stor-
age areas, concrete or asphalt paving, gravel roads,
packed earthen materials, and oiled, macadam or
other surfaces which similarly impede the natural
infiltration of stormwater. Open, uncovered reten-
tion/detention facilities shall not be considered as
impervious surfaces.
(33) "Land -disturbing activity" shall mean any
activity that results in a change in the existing soil
cover (both vegetative and nonvegetative) and/or
the existing soil topography. Land -disturbing
activities include, but are not limited to, demoli-
tion, construction, paving, clearing, grading, and
grubbing.
(34) "Land use permits and approvals" shall
mean any use or development of land that requires
city action in legislation, administration, or
approval.
(35) "Maintenance" shall mean any activity
that is necessary to keep a stormwater facility in
good working order so as to function as designed.
Maintenance shall include complete reconstruction
of a stormwater facility if reconstruction is needed
in order to return the facility to good working
order. Maintenance shall also include the correc-
tion of any problem on the site property that may
directly impair the functions of the stormwater
facilities.
15-21 (Revised 6/99)
15.32.020
(36) "Maintenance covenant" shall mean a
binding agreement between the city of Port
Orchard and the person or persons holding title to
a property served by a stormwater facility whereby
the property owner promises to maintain certain
stormwater facilities; grants the city the right to
enter the subject property to inspect and to make
certain repairs or perform certain maintenance pro-
cedures on the stormwater control facilities when
such repairs or maintenance have not been per-
formed by the property owner; and promises to
reimburse the city for the cost should the city per-
form such repairs or maintenance.
(37) "Maintenance schedule" shall mean a doc-
ument detailing required stormwater facility main-
tenance activities to be performed at specified
intervals.
(38) "Major development" shall mean any new
development or any redevelopment activity that (1)
includes the creation or cumulative addition of
5,000 square feet or greater of impervious surface
area from the predevelopment conditions, or (2)
includes land -disturbing activity of one acre or
greater, or (3) includes grading involving the
movement of 5,000 cubic yards or more of mate-
rial.
(39) "Manual" shall mean Exhibit A of the
ordinance codified in this chapter, entitled the
"Port Orchard Stormwater Design Manual."
(40) "Minor development" shall mean any new
development or redevelopment activity that (1)
includes the creation or addition of less than 5,000
square feet of new impervious surface area, and (2)
includes land -disturbing activity of less than one
acre, and (3) includes grading involving the move-
ment of less than 5,000 cubic yards of material.
(41) "Nonforestry use" shall mean an active use
of land that is incompatible with timber growing.
(42) "Off -site drainage analysis" shall mean a
study of those land areas contributing surface run-
off to a development site as well as a study of the
existing and predicted impacts of surface runoff
from the development site on properties and drain-
age features that have the potential to receive
stormwater from the development site.
(43) "Oil/water separator" shall mean a struc-
ture or device used to remove suspended oil and
greasy solids from water.
(44) "Operation and maintenance manual"
shall mean a written manual, prepared by a quali-
fied civil engineer, which provides a description of
operation and maintenance procedures for specific
stormwater control facilities, for use by operation
and maintenance personnel.
(45) "Owner" shall mean any person or persons
having a legal or equitable property right or inter-
est, whether or not said right is legal or equitable in
character, including a fee owner, contract pur-
chaser or seller, mortgagor or mortgagee, optionor
or optionee, and beneficiary or grantor of a trust or
deed of trust.
(46) "Pollution" shall mean contamination or
other alteration of the physical, chemical, or bio-
logical properties of waters of the state, including
change in temperature, taste, color, turbidity, or
odor of the waters, or such discharge of any liquid,
gaseous, solid, radioactive or other substance into
any waters of the state as will or is likely to create
a nuisance or render such waters harmful.
(47) "Predevelopment conditions" shall mean
site conditions as they existed prior to manmade
alterations other than those alterations that have
been made with a prior approved storm drainage
plan.
(48) "Professional engineer" shall mean a per-
son who, by reason of his or her special knowledge
of the mathematical and physical sciences and the
principles and methods of engineering analysis and
design, acquired by professional education and
practical experience, is qualified to practice engi-
neering as attested by his or her legal registration as
a professional engineer in the state of Washington.
(49) "Project engineer" shall mean the profes-
sional engineer responsible for the design of the
project, who will affix his/her seal on the project
drainage plans and drainage analysis. The project
engineer shall be licensed in the state of Washing-
ton and qualified by experience or examination.
(50) "Redevelopment" shall mean any land -
disturbing activity occurring on existing developed
property.
(51) "Retention facilities" shall mean drainage
facilities designed to store runoff for gradual
release by evaporation, plant transpiration, or infil-
tration into the soil. Retention facilities shall
include all such drainage facilities designed so that
none of the runoff entering the facility will be dis-
charged as surface water. Retention facilities shall
include all appurtenances associated with their
designed function, maintenance, and security.
(52) "SEPA" shall mean the Washington State
Environmental Policy Act.
(Revised 6/99) 15-22
Port Orchard Municipal Code
15.32.030
(53) "Shorelines of the state" shall mean the
total of all "shorelines" and "shorelines of state-
wide significance" within the state, as defined in
RCW 90.58.030, also known as the Shoreline
Management Act.
(54) "Site development activity" shall mean the
alteration of topography, clearing, paving, grading,
construction, alteration of stormwater systems, site
preparation, or other activity commonly associated
with site development.
(55) "Soils engineer" shall mean a practicing
civil engineer licensed as a professional civil engi-
neer in the state of Washington who has at least
four years of professional employment as a civil
engineer dealing with soil descriptions and charac-
terizations.
(56) "Soils investigation report" shall mean a
study of soils on a subject property with the pri-
mary purpose of characterizing and describing the
soils. The soils investigation report shall be pre-
pared by a qualified soils engineer, who shall be
directly involved in the soil characterization either
by performing the investigation or by directly
supervising employees.
(57) "Source control BMP" shall mean a best
management practice (BMP) that is intended to
prevent pollutants from entering stormwater.
Examples include erosion control practices, main-
tenance of stormwater facilities, constructing roofs
over storage and working areas, and directing wash
water and similar discharges to the sanitary sewer
or a dead end sump.
(58) "Stormwater" shall mean the surface water
runoff that results from all natural forms of precip-
itation.
(59) "Stormwater facility" shall mean a compo-
nent of a manmade drainage feature, or features,
designed or constructed to perform a particular
function or multiple functions, including, but not
limited to, pipes, swales, ditches, culverts, street
gutters, detention basins, retention basins, wet -
ponds, constructed wetlands, infiltration devices,
catch basins, oil/water separators, and sediment
basins. Stormwater facilities shall not include
building gutters, downspouts, and drains serving
one single-family residence.
(60) "Stormwater quality control" shall mean
the control of the introduction of pollutants into
stormwater and the process of separating pollutants
from stormwater. Stormwater quality control facil-
ities include, but are not limited to, source controls,
biofiltration/biofilter facilities, wetponds, wetland
forebays, oil/water separators, constructed wet-
lands and erosion and sedimentation control facili-
ties.
(61) "Stormwater quantity control" shall mean
the control of the rate and/or volume of stormwater
released from a development site. Stormwater
quantity control facilities include, but are not lim-
ited to, detention and retention facilities.
(62) "Technical deviation" shall mean permis-
sion granted by the director to deviate from the pro-
visions of this chapter.
(63) "Variance" shall mean permission granted
by the city council to deviate from the provisions of
this chapter.
(64) "Water quality design storm event" shall
mean a design storm event selected by the director
for the purpose of establishing design performance
criteria for water quality BMPs. Under most condi-
tions, the term applies to the runoff rate and vol-
ume resulting from 64 percent of the precipitation
of the two-year frequency, 24-hour duration storm
event.
(65) "Wetland" shall mean those areas that are
defined by separate ordinance, regulation, or stat-
ute as wetlands. (Ord. 1736 § 2, 1998).
15.32.030 Permits.
(1) Review by Department of Public Works.
Proposed site development activities shall be
reviewed by the Port Orchard department of public
works to determine the permits required.
(2) Expiration of Existing Construction Plan
Approval. Any construction plans previously
approved by the city shall expire six months after
the effective date of the ordinance codified in this
chapter. The director may extend the expiration
date if the project is under construction and pro-
gressing satisfactorily towards final completion.
(3) Stormwater Management Permit Required.
A stormwater management permit, issued by the
department of public works, shall be required for
any of the following activities:
(a) Site development or redevelopment
activities that meet the definition of a major devel-
opment.
(b) Site development or redevelopment
activities that require connection to a public storm
drainage system.
(c) Grading activities that result in the
movement of 150 cubic yards or more of earth.
15-23 (Revised 6/99)
15.32.030
(d) Grading activities that will result in a
temporary or permanent slope having a steepness
exceeding three to one (three feet horizontal to one
foot vertical) and having a total slope height, mea-
sured vertically from toe of slope to top of slope,
exceeding five feet.
(e) Grading activities that include the con-
struction of embankment berms that will result in
the impoundment of water to a depth exceeding 18
inches and/or with a maximum volume exceeding
2,500 cubic feet of water.
(f) Grading activities that will result in the
diversion of existing drainage courses, both natural
and manmade, from their natural point of entry or
exit from the grading site.
(g) Any land clearing or grading on slopes
steeper than 30 percent, or within the mandatory
setback of a wetland, stream, lake, Puget Sound, as
established by separate ordinance or by the public
works department.
No site development activity, including land
clearing, grading, or other construction activity as
described in this chapter, shall occur until a storm -
water management permit has been issued, nor
shall said site development activity continue with-
out a stormwater management permit in force.
(4) Exemptions. Commercial agriculture and
forest practices regulated under WAC Title 222 are
exempt from the provisions of this section.
Development that is undertaken by the Wash-
ington State Department of Transportation in state
highway rights -of -way and is regulated by Chapter
173-270 WAC, the Puget Sound Highway Runoff
Program, shall be exempt from the provisions of
this section.
Grading activities described in POMC
15.32.060(9) are exempt from the provisions of
this section.
Residential lots 2.5 acres or larger shall be
exempt from the provisions of POMC 15.32.070
unless otherwise determined by the director. Cases
where the exemption does not apply include, but
are not limited to, sites within or adjacent to critical
areas or watersheds, steep or unstable slopes, or
where the cumulative impacts of development war-
rant. Site development activities taking place on
individual lots of 2.5 acres or larger, which meet
the definition of a major development, are not
exempt from the requirements of POMC
15.32.070. Proposed access roadways serving resi-
dential lots larger than 2.5 acres which meet the
definition of a major development, are not exempt
from the requirements of POMC 15.32.070.
(5) Permit Requirements. The director shall
establish requirements for the issuance of storm -
water management permits, subject to the follow-
ing criteria:
(a) All site development activities shall
comply with the standards, specifications, and
requirements contained in the stormwater design
manual.
(b) The director shall establish fees for
stormwater management permits. Stormwater
management permit fees shall include fees for the
review of permit applications and documents and
for inspections during construction.
(c) A stormwater management permit shall,
at the time of its issuance, specify a maximum
expiration date, not to exceed three years from the
date of issuance. A stormwater management permit
shall expire upon approved completion of con-
struction, or upon the specified maximum expira-
tion date, whichever comes first. In the event that a
stormwater management permit expires prior to the
completion of construction, all construction activ-
ity must cease, a new stormwater management per-
mit application must be submitted, and the
issuance of a new stormwater management permit
shall be, at the discretion of the director, subject to
city site development standards in force at the time
of the new permit application.
(d) Approved stormwater management per-
mit placards shall be prominently displayed on
construction sites at all times until the completion
of all permitted site development activities.
(6) When a Professional Engineer Is Required.
Unless otherwise required by POMC 15.32.050 or
15.32.060, stormwater management permit appli-
cations shall require the submittal of documents
prepared by a qualified professional engineer when
one of the following conditions exists:
(a) Any land use or building or development
on real property which meets the definition of a
major development; or
(b) Any improvements within the bound-
aries of city rights -of -way for which Port Orchard
will ultimately assume responsibility for mainte-
nance; or
(c) Any site development activity that the
director deems to be in the public's best interest to
require that certain stormwater management per -
(Revised 6/99) 15-24
Port Orchard Municipal Code
15.32.040
mit application submittal documents be prepared
by a professional civil engineer.
(7) Off -Site Analysis. All stormwater manage-
ment permit applications which meet any of the
criteria listed in subsection (6) of this section shall
include, along with other required submittal docu-
ments, an off -site drainage analysis as described in
POMC 15.32.070(3)(f) and (8)(f) prepared by a
qualified professional engineer and based on a field
investigation of the development's off -site contrib-
uting and receiving drainage areas.
(8) Geotechnical Analysis. All stormwater
management permit applications for development
activities where grading or the construction of
retention facilities, detention facilities, or other
stormwater facilities is proposed within 200 feet of
slopes steeper than 30 percent, or where the direc-
tor deems that the proposed construction poses a
potential hazard due to its proximity to a slope,
shall, when required by the director, include a geo-
technical analysis, prepared by a qualified engi-
neer. Said geotechnical analysis shall address the
effects of ground water interception and infiltra-
tion, seepage, potential slip planes, and changes in
soil bearing strength.
(9) Soils Analysis. All stormwater management
permit applications which meet any of the criteria
listed in subsection (6) of this section, where the
soils underlying the proposed project have not been
mapped, or where existing soils maps of the project
site are inconsistent, or where the director deems
that existing soils maps of the project site are not of
sufficient resolution to allow proper engineering
analysis, shall include a soils investigation report.
(10) Permit Modifications. Proposed modifica-
tions to an approved stormwater management per-
mit must be submitted to the department of public
works and be reviewed for compliance with this
chapter. Substantial proposed modifications, as
determined by the director, shall require additional
review fees and shall require reissuance of the
required permit. Minor proposed modifications
may be accepted by the director without requiring
the reissuance of the accepted permit or the pay-
ment of additional review fees.
(11) Erosion and Sedimentation Control. All
final drainage, grading, clearing, or other site
development plans requiring acceptance from the
department of public works shall include a plan for
the control of erosion and sedimentation as
required in POMC 15.32.050(1) and (3), for the
period beginning with the commencement of site
development activity and continuing without inter-
ruption until permanent site stabilization is
achieved.
No clearing, grubbing, grading, or other con-
struction activity may take place on a project site
until an erosion and sedimentation control plan has
been approved by the department of public works.
(Ord. 1736 § 3, 1998).
15.32.040 Covenants, sureties, and liability
insurance.
(1) Site Stabilization. Prior to the issuance of a
stormwater management permit and prior to begin-
ning any construction activity on a project site, the
owner of the project will be required to record a
performance covenant or post a performance
surety for site stabilization and erosion and sedi-
mentation control. In addition, the owner may be
required to provide a certificate of commercial lia-
bility insurance as outlined in subsection (5) of this
section.
This performance requirement for stabilization
and erosion control should not be confused with
the performance bond accepted at the time of final
plat recording as a surety for construction items not
yet completed. When a performance bond is
accepted for a final plat in lieu of construction
completion, the surety or covenant for stabilization
and erosion control will be released, and the new
performance bond shall cover site stabilization and
erosion control along with the other incomplete
construction items.
(2) Performance Covenant for Site Stabiliza-
tion. For project sites with less than five acres of
land -disturbing activity, a performance covenant
may be recorded in lieu of performance surety for
site stabilization prior to issuance of the stormwa-
ter management permit to guarantee the city that
temporary erosion and sedimentation control and
permanent site stabilization measures will perform
in accordance with the stormwater management
ordinance. This covenant shall be recorded with
the Kitsap County auditor and shall run with the
land until such a time as the city issues final accep-
tance of the permitted activities, or until a separate
performance bond is posted prior to final plat
approval. Upon issuance of final project approval,
the department of public works will record a docu-
ment that extinguishes the performance covenant.
15-24.1 (Revised 6/99)
15.32.050
(3) Performance Surety for Site Stabilization.
The term "bond" as defined in this chapter shall
mean a surety bond, assignment of funds, or irrevo-
cable bank letter of credit. For project sites with
five or more acres of land -disturbing activity, a
performance bond shall be posted prior to issuance
of a stormwater management permit to guarantee
the city that temporary erosion and sedimentation
control and permanent site stabilization measures
will perform in accordance with this chapter. The
amount of the performance bond shall be as fol-
lows:
(a) One hundred fifty percent of the esti-
mated cost of performing minor grading and
installing temporary erosion and sedimentation
control, and permanent site stabilization measures
to bring the construction site into compliance with
this chapter. A cost estimate shall be submitted by
the project engineer subject to the approval of the
director. The minimum amount of the "bond" shall
be $5,000; or
(b) One thousand dollars per acre of land -
disturbing activity. No engineer's estimate is
required.
If the site work is determined by the director to
be in violation of the stormwater management ordi-
nance, the city may use the performance bond to
provide temporary and permanent site stabiliza-
tion.
All performance bonds shall run continuously
until released by the city, and shall not be subject
to an expiration or cancellation date.
(4) Performance Bond for Uncompleted Site
Improvements. For single-family residential devel-
opments, a performance bond shall be provided
prior to the final recording of the plat/PUD, guar-
anteeing completion of all site improvements not
yet completed. The amount of the performance
bond shall be 150 percent of the estimated cost of
said improvements. The estimated cost of the con-
struction shall be determined by a civil engineer
subject to the approval of the director.
All performance bonds shall run continuously
until released by the city, and shall not be subject
to an expiration or cancellation date.
(5) Commercial Liability Insurance. The owner
of any project must provide a certificate of liability
insurance to the department of public works prior
to issuance of a stormwater management permit.
The liability insurance shall remain in force until
final project approval is issued by the city. The
commercial liability insurance shall be in the
amount of not less than $1,000,000 combined sin-
gle limit bodily injury and property damage, with a
$2,000,000 aggregate. Such insurance shall
include the city of Port Orchard, its officers, and
employees as additional insureds, with respect to
the terms and conditions of the policy.
(6) Maintenance Bonds. A maintenance bond is
required for residential plats/PUDs and other
projects for which maintenance of the stormwater
facilities and/or roads is to ultimately be taken over
by the city.
Prior to the final approval of construction and
release of any performance sureties, a maintenance
bond must be posted and maintained by the project
owner for a period of two years. The maintenance
bond shall guarantee the stormwater facilities and
roads constructed under permit against design
defects and/or failures in workmanship, and shall
guarantee that the facilities constructed under the
permit will be regularly and adequately maintained
throughout the maintenance period. At the end of
this time, the city will inspect the system and, when
the facility is acceptable and 80 percent of the lots
in that phase have been improved, the city will take
over the maintenance and operations of the system.
In the event that 80 percent of the lots in a residen-
tial development have not been improved by the
end of the two-year maintenance period, the main-
tenance bond may be extended, subject to the
approval of the director, for one additional year.
The amount of the maintenance bond shall be 10
percent of the estimated construction cost of the
stormwater facilities and roads requiring mainte-
nance, or $5,000, whichever is greater. The con-
struction cost of the facilities requiring mainte-
nance shall be estimated by the project engineer,
subject to the approval of the director. (Ord. 1736
§ 4, 1998).
15.32.050 Erosion and sediment control.
(1) Minor Developments. All minor develop-
ments, as defined in this chapter, shall be required
to control erosion and sedimentation during con-
struction, to permanently stabilize soil exposed
during construction, and to comply with the minor
development requirements described in subsec-
tions (2)(a) through (e) of this section.
(2) Minor Development Requirements.
(a) Construction Access Route. Construc-
tion vehicle access shall be, whenever possible,
(Revised 6/99) 15-24.2
Port Orchard Municipal Code
15.32.050
limited to one route. Access points shall be stabi-
lized with quarry spall or crushed rock to minimize
the tracking of sediment onto public roads.
(b) Stabilization of Denuded Area. All
exposed and unworked soils not actively being
worked shall be stabilized by suitable application
of BMPs. From October 1st through April 30th,
soils not actively being worked shall remain unsta-
bilized for no more than 48 hours. From May 1 st
through September 30th, the owner or contractor
shall have the materials readily available to stabi-
lize denuded areas as site and weather conditions
dictate. Prior to leaving the site, stormwater runoff
shall pass through a sediment pond, sediment trap,
or other appropriate BMP.
(c) Protection of Adjacent Properties. Adja-
cent properties shall be protected from sediment
deposition by appropriate use of vegetative buffer
strips, sediment barriers or filters, dikes or mulch-
ing, or by a combination of these measures and
other appropriate BMPs.
(d) Maintenance. All erosion and sediment
control BMPs shall be regularly inspected and
maintained to ensure continued performance of
their intended function.
(e) Other BMPs. Any adverse effects of
increased runoff resulting from land -disturbing
and/or land development activities shall be con-
trolled by appropriate BMPs.
(3) Major Developments. Any new develop-
ment meeting the definition of a major develop-
ment, shall comply with subsection (5) of this
section. For any redevelopment project meeting the
definition of a major development, those portions
of the site that are being redeveloped shall comply
with subsection (5) of this section.
(4) Erosion and Sedimentation Control Plan
Required. Compliance with the erosion and sedi-
mentation control requirements of subsection (5)
of this section shall be demonstrated through the
implementation of an approved erosion and sedi-
mentation control plan.
(5) Major Development Erosion and Sedimen-
tation Control Minimum Requirements.
(a) Stabilization and Sediment Trapping.
All exposed soils shall be stabilized by suitable
application of BMPs, including but not limited to,
sod or other vegetation, mat covering, mulching, or
application of compacted ground base material on
areas to be paved. All BMPs shall be selected,
designed and maintained in accordance with the
manual. From October 1 st through April 30th, soils
not actively being worked for more than 48 hours
shall be protected or stabilized. From May 1 st
through September 30th, the owner or contractor
shall have the materials readily available to stabi-
lize denuded areas as site and weather conditions
dictate.
(b) Delineate Clearing and Easement Lim-
its. Clearing limits and/or any easements, setbacks,
sensitive/critical areas and their buffers and drain-
age courses shall be clearly marked in the field, and
on the construction plans.
(c) Protection of Adjacent Properties. Adja-
cent properties shall be protected from sediment
deposition by appropriate use of vegetative buffer
strips, sediment barriers or filters, dikes or mulch-
ing, or by a combination of these measures and
other appropriate BMPs.
(d) Timing and Stabilization of Sediment
Trapping Measures. Sediment ponds and traps,
perimeter dikes, sediment barriers and other BMPs
intended to trap sediment on -site shall be con-
structed as a first step. These BMPs shall be func-
tional before land -disturbing activities take place.
Earthen structures such as dams, dikes, and diver-
sions shall be stabilized according to the timing
indicated in the erosion and sedimentation control
requirement, subsection (5)(a) of this section.
(e) Cut and Fill Slopes. Cut and fill slopes
shall be designed and constructed in a manner that
will minimize erosion. In addition, slopes shall be
stabilized in accordance with erosion and sedimen-
tation control requirement, subsection (5)(a) of this
section.
(f) Controlling Off -Site Erosion. Properties
and waterways downstream from development
sites shall be protected from erosion due to
increases in the velocity of stormwater runoff from
the development site.
(g) Stabilization of Temporary Conveyance
Channels and Outlets. All temporary on -site con-
veyance channels shall be designed, constructed,
and stabilized to prevent erosion from the expected
flow velocity from a two-year/24-hour duration
storm for the post -development condition. Stabili-
zation adequate to prevent erosion of outlets, adja-
cent streambanks, and slopes shall be provided at
the outlets of all conveyance systems.
(h) Inlet Protection. All storm drain inlets
made operable during construction shall be pro-
tected so that stormwater runoff does not enter the
15-24.3 (Revised 6/99)
15.32.060
conveyance system without first being filtered or
otherwise treated to remove sediment. The require-
ment for inlet protection may be waived on a site -
specific basis when the conveyance system down-
stream of the inlet discharges to an appropriate sed-
iment containment BMP and the conveyance
system can be adequately cleaned following site
stabilization.
(i) Underground Utility Construction. The
construction of underground utility lines shall be
subject to the following criteria:
(i) For trenches on a downslope of more
than five percent, no more than 500 feet of trench
shall be opened at one time, unless otherwise
approved by the director.
(ii) Where consistent with safety and
space considerations, excavated material shall be
placed on the uphill side of trenches.
(iii) Trench dewatering devices shall dis-
charge into a sediment trap or sediment pond.
0) Constructed Access Routes. Wherever
construction vehicle access routes intersect paved
roads, provisions must be made to minimize the
transport of sediment (mud) onto the paved road by
use of appropriate BMPs such as a stabilized con-
struction entrance. If sediment is transported onto a
road surface, the roads shall be cleaned thoroughly,
as a minimum, at the end of each day. Sediment
shall be removed from roads by shoveling or
sweeping and be transported to a controlled sedi-
ment disposal area. Street washing shall be allowed
only after sediment is removed in this manner.
(k) Dewatering Construction Sites. Dewa-
tering devices shall discharge into a sediment trap
or sediment pond.
(1) Control of Pollutants Other Than Sedi-
ment on Construction Sites. All pollutants other
than sediment that occur on -site during construc-
tion shall be handled and legally disposed of in a
manner that does not cause contamination of
stormwater.
(m) Maintenance. All temporary and per-
manent erosion and sedimentation control BMPs
shall be maintained and repaired as needed to
assure continued performance of their intended
function. All maintenance and repair shall be con-
ducted in accordance with the manual. The appli-
cant shall be responsible for assuring that any such
facilities damaged during floods, storms or other
adverse weather conditions are immediately
returned to normal operating condition.
(n) Removal of Temporary BMPs. All tem-
porary erosion and sedimentation control BMPs
shall be removed within 30 days after final site sta-
bilization is achieved or after the temporary BMPs
are no longer needed. Trapped sediment shall be
removed or stabilized on -site. Disturbed soil areas
resulting from removal of temporary BMPs shall
be permanently stabilized. The removal of tempo-
rary erosion and sedimentation control BMPs may
not be required for those projects, such as single-
family plats, that will be followed by additional
construction under a different permit. In these cir-
cumstances, the need for removing or retaining the
measures will be evaluated on a site -specific basis.
(o) Financial Liability. A performance cov-
enant, performance bonding, or other appropriate
financial instruments, required by POMC
15.32.040, shall ensure compliance with the
approved erosion and sedimentation control plan.
(6) Erosion Control Design Storm Event. Facil-
ities designed for the control of erosion and sedi-
mentation shall be designed for the erosion and
sedimentation control design storm event, defined
as the two-year, 24-hour duration storm. (Ord.
1736 § 5, 1998).
15.32.060 Grading.
(1) Authority of the Director. The director is the
designated agent for the issuance of stormwater
management permits for grading, and shall have
the authority to prepare regulations and set admin-
istrative procedures to carry out the purposes and
intent of this section.
(2) Grading Plan Required. Grading projects
meeting the criteria of POMC 15.32.030(6) shall
be required to have an approved engineered grad-
ing plan.
(3) Abbreviated Grading Plan. Grading projects
meeting the definition of a minor development will
require an approved abbreviated grading plan in
lieu of an engineered grading plan. An abbreviated
grading plan is a grading plan that does not require
the seal of a professional civil engineer.
(4) Erosion and Sedimentation Control. The
grading plan shall include a temporary erosion and
sedimentation control plan. The plan shall clearly
indicate the construction sequence for establish-
ment of all erosion and sedimentation control
work, both temporary and permanent. The plan
(Revised 6/99) 15-24.4
Port Orchard Municipal Code
15.32.060
shall conform to all requirements and standards for
erosion and sedimentation control set forth in
POMC 15.32.050.
(5) Drainage.
(a) All grading activities shall conform to
the requirements of this chapter concerning storm -
water management.
(b) Where required by the director, all dis-
charge of runoff from the project site shall be of
like quality, flow rate, and velocity as that which
flowed from the project site prior to the work for
which the stormwater management permit has
been issued.
(c) Stormwater flows shall be accepted
onto, and shall be discharged from, a project site at
the natural or otherwise legally existing locations.
(6) Minimum Grading Standards. This chapter
sets forth minimum standards which shall apply to
grading activities as described in POMC
15.32.030(3). For circumstances not specifically
addressed in this chapter or the stormwater design
manual, the provisions of the Uniform Building
Code shall apply.
(7) Hazards. Whenever the director determines
that an existing excavation, embankment, or fill on
private property has become a hazard to public
safety, endangers property, or adversely affects the
safety, use or stability of a public way, critical
drainage area, or drainage channel, such conditions
shall become a violation of POMC 15.32.110(13).
(8) Additional Review. Permits regulating
grading activities for major developments may be
subject to review and recommendation of approval
by the city planning department.
(9) Permit Exemptions. The following grading
activities shall not require the issuance of a storm -
water management permit:
(a) Excavation for utilities, or for wells or
tunnels under separate permit.
(b) An excavation below finished grade for
basements and footings of a building, retaining
wall or other structure authorized by a valid build-
ing permit. This shall not exempt the placement of
any fill material removed from such an excavation,
and shall not exempt any excavation beyond the
limits of the basement or footing excavations nor
exempt excavations having an unsupported height
greater than five feet after the completion of such a
structure.
(c) Agricultural crop management outside
of critical drainage areas limited to the preparation
of soil by turning, discing, or other means endorsed
by the Kitsap conservation district.
(d) Excavation for cemetery graves.
(e) Landscape installation where fill is con-
fined to less than one foot of topsoil and land -dis-
turbing activities are limited to less than one acre.
(f) The disposal of solid waste, wood waste,
problem waste, and demolition waste authorized
pursuant to Chapter 70.95 RCW, and regulations
presently enacted or as may be amended or as spe-
cifically approved by the Bremerton-Kitsap
County health district.
(g) Mining, quarrying, excavating, process-
ing, and/or stockpiling of rock, sand, gravel, aggre-
gate, or clay where established and provided by
law, and a permit for said activity has been issued
by the state of Washington or the federal govern-
ment, provided such operations do not affect the
lateral support or increase the stresses in or pres-
sure upon any adjacent or contiguous land.
(h) Exploratory excavations under the direc-
tion of a qualified civil engineer.
(i) Grading activities already approved by
separate permit granted by any governing author-
ity.
0) Emergency sandbagging, diking, ditch-
ing, filling, or similar work during or after periods
of extreme weather conditions when done to pro-
tect life or property.
(k) Maintenance activities within public
rights -of -way performed by city personnel. How-
ever, exemption from the stormwater management
permit does not constitute an exemption from the
other requirements of this chapter.
(10) Changes in Site Topography.
(a) The maximum surface gradient on any
artificially created slope shall be two feet of hori-
zontal run to one foot of vertical fall (2:1). This
gradient may be increased to that gradient which
can be demonstrated through engineering calcula-
tions to be stable, if, in the opinion of the director,
it has been demonstrated by the applicant through
engineering calculations performed by a qualified
professional engineer that surface erosion can be
controlled to that erosion rate equal to a properly
stabilized 2:1 slope under the same conditions.
(b) The applicant shall, at all times, protect
adjacent private properties and public rights -of -
way or easements from damage occurring during
grading operations. The applicant shall restore
15-24.5 (Revised 6/99)
15.32.070
public improvements damaged by his/her opera-
tions.
(c) The applicant shall be responsible for
obtaining and coordinating all required state or fed-
eral permits associated with the filling of wetlands
or other regulated activities.
(11) Rockeries and Retaining Structures. Any
rockery or other retaining structure greater than
four feet in height shall be permitted under a sepa-
rate building permit issued by the city building
department.
(12) Maintenance. It shall be the responsibility
of the applicant to maintain all erosion control and
drainage facilities in good operating condition at
all times, as required in POMC 15.32.050.
(13) Progress of Work. All work permitted
under this chapter shall proceed continuously to
completion in an expeditious manner unless other-
wise authorized by the director, with the intent that
work may be halted due to weather conditions or
the need to coordinate other construction on the
project site. Stormwater management permits,
issued for grading only, shall expire six months
after issuance. (Ord. 1736 § 6, 1998).
15.32.070 Stormwater management.
(1) Redevelopment Activities. Where redevel-
opment activities meet the definition of a major
development, the requirements of this section shall
apply to that portion of the site that is being rede-
veloped. In addition, where one or more of the fol-
lowing conditions exist, the requirements of this
section shall apply, to the maximum extent practi-
cable, for the entire site, including adjoining par-
cels, if they are part of the project:
(a) Existing sites greater than one acre in
size with 50 percent or more impervious surface.
(b) Sites that discharge to a receiving water
that has a documented water quality problem.
(c) Sites where the need for additional
stormwater control measures has been identified
through a basin plan.
(2) Approved Hydrological Methods for
Design. Estimation of peak stormwater runoff rates
used in the design of stormwater quantity control
facilities shall utilize hydrograph methods of anal-
ysis approved by the director. The design of stor-
age facilities that are a part of stormwater quantity
control facilities shall be designed using methods
approved by the director.
(3) Stormwater Quantity Control. The follow-
ing minimum requirements for stormwater quan-
tity control shall apply to all land developments
that meet the definition of a major development:
(a) All surface water and stormwater enter-
ing the development site in its predevelopment
state shall be received at the naturally occurring or
otherwise legally existing locations. All surface
water and stormwater leaving the development site
shall be discharged at all times during and after
development at the naturally occurring or other-
wise legally existing locations so as not to be
diverted onto or away from adjacent downstream
properties, except, diversion which will correct an
existing manmade downstream problem may be
permitted by the director. For the purposes of this
chapter, "naturally occurring location" shall mean
the location of those channels, swales, and preex-
isting and established systems as defined by the
first documented topographic contours existing for
the subject property, either from maps or photo-
graphs, site inspections, decisions of a court of law,
or other means determined appropriate by the
director.
(b) The post -development peak stormwater
discharge rates from the development site for the
two-, 10-, and 100-year 24-hour duration storm
events and the 100-year, seven-day duration storm
event shall at no time exceed the predevelopment
peak stormwater runoff rates for the same design
storm events, except as expressly permitted by this
chapter. Also, where stormwater directly or indi-
rectly discharges to open channels or streams, stre-
ambank erosion protection is required; the post -
development peak stormwater discharge rate from
the development site for the two-year, 24-hour
duration storm event shall not exceed 50 percent of
the predevelopment peak stormwater runoff rate
for the same design storm event. The director may
require that runoff from a development site be con-
trolled for additional design storm events.
(c) Closed depressions shall be analyzed
using hydrograph routing methods. Infiltration
shall be addressed where appropriate. If a proposed
project will discharge runoff to an existing closed
depression that has greater than 5,000 square feet
of water surface area at overflow elevation, the fol-
lowing requirements must be met:
(i) Case 1. The predevelopment 100-
year, seven-day and 24-hour duration design
storms from the drainage basin tributary to the
(Revised 6/99) 15-24.6
Port Orchard Municipal Code
15.32.070
closed depression are routed into the closed depres-
sion using only infiltration as outflow. If the design
storms do not overflow the closed depression, no
runoff may leave the site for the same storm events
following development of a proposed project. This
may be accomplished by excavating additional
volume in the closed depression subject to all
applicable requirements. If a portion of the depres-
sion is located off of the project site, impacts to
adjacent properties shall be evaluated.
(ii) Case 2. The predevelopment 100-
year, seven-day, 24-hour duration design storm
events from the drainage basin tributary to the
closed depression are routed to the closed depres-
sion using only infiltration as outflow, and over-
flow occurs. The closed depression shall then be
analyzed as a detention/infiltration pond. The
required performance, therefore, shall not exceed
the predevelopment runoff rates for 50 percent of
the two-year and 100 percent of the 10-year and
100-year, 24-hour duration and 100-year, seven-
day duration design storms. This will require that a
control structure, emergency overflow spillway,
access road, and other applicable design criteria be
met. If the facility will be maintained by the city,
the closed depression shall be placed in a dedicated
tract. If the facility will be privately maintained,
the tract shall be located within a drainage ease-
ment. If a portion of the depression is located off of
the project site, impacts to adjacent properties shall
be evaluated.
(iii) Case 3. When a proposed project is
contributory to a closed depression located off -site,
the volume of runoff discharged may not be
increased for the two-, 10-, and 100-year, 24-hour
duration, and the 100-year, seven-day duration
storm events. The exception to this requirement is
in the case where discharge would not result in an
increase in water surface elevation of greater than
0.01-foot for the 100-year storm events.
(d) Land developments shall provide storm -
water quantity control facilities designed to meet,
as a minimum performance standard, the require-
ments of this section, except in the following cir-
cumstances:
(i) The development site discharges
directly into Puget Sound, or directly into the tid-
ally influenced areas of rivers and streams dis-
charging into Puget Sound, where runoff quantity
control is not required by other governmental agen-
cies.
(ii) The development site discharges to a
regional stormwater facility approved by the direc-
tor to receive the developed site runoff.
(iii) The development site discharges to
a receiving body of water (lake, wetland, etc.)
where it can be demonstrated by the applicant, to
the satisfaction of the director, that stormwater
quantity control is not warranted.
(e) In the event that conditions downstream
from a proposed development site are determined
by the director to be exceptionally sensitive to
potential stormwater discharges from the subject
site, the director may require a factor of safety be
applied to the total retention/detention storage vol-
ume and/or a reduction of allowable stormwater
release rates.
(f) Submittals for all proposed development
projects shall include an analysis of downstream
water quantity impacts resulting from the project
and shall provide for mitigation of these impacts.
The analysis shall extend a minimum of one-fourth
of a mile downstream from the project. The exist-
ing or potential impacts to be evaluated and miti-
gated shall include, but not be limited to, excessive
streambank erosion, flooding, surcharging of exist-
ing closed drainage conveyance facilities, dis-
charge to closed depressions, and discharge to
existing off -site runoff control facilities.
(g) Retention facilities and open stormwater
quantity control facilities shall not be located in
dedicated public road rights -of -way.
(h) Reasonable access for maintenance, as
determined by the director, shall be provided to all
stormwater facilities.
(i) As the first priority, streambank erosion
control BMPs shall utilize infiltration to the fullest
extent practicable, only if site conditions are appro-
priate and ground water quality is protected.
Streambank erosion control BMPs shall be
selected, designed, and maintained according to
the manual. Streambank erosion control BMPs
shall not be built within a natural vegetated buffer,
except for necessary conveyance systems as
approved by the department of public works.
(4) Stormwater Quality Control. Water quality
best management practices (BMPs) shall be used to
the maximum extent practicable to control pollu-
tion in stormwater. Water quality BMPs shall be
used to comply with the standards of this chapter
including those contained in the manual. Construc-
tion and post -development water quality BMPs
15-24.7 (Revised 6/99)
15.32.070
shall be utilized for all developments. Said water
quality BMPs shall provide runoff water quality
treatment for all storm events with intensities less
than or equal to the water quality design storm
event, as defined in subsection (8)(b) of this sec-
tion.
(5) Illicit Discharges. Illicit discharges, as
described in POMC 15.32.100(2), or illicit connec-
tions to a stormwater drainage system, as described
in POMC 15.32.100(3), are prohibited.
(6) Experimental Best Management Practices.
In those instances where appropriate best manage-
ment practices are not in the manual, experimental
BMPs should be considered. In an effort to
improve stormwater quality technology, experi-
mental BMPs are encouraged as a means of solving
problems in a manner not addressed by the manual.
Experimental BMPs must be approved by the
director. The director may require that the perfor-
mance of experimental BMPs be monitored to doc-
ument their effectiveness for future use.
(7) Incorporation into Stormwater Quantity
Control Facilities. Water quality BMPs may be
incorporated into the design of stormwater quantity
control facilities where appropriate.
(8) Minimum Requirements. The following
minimum requirements for stormwater quality
control shall apply to all land developments that
meet the definition of a major development:
(a) Source Control of Pollution. Source con-
trol BMPs shall be applied to all projects to the
maximum extent practicable.
(b) Stormwater Treatment BMPs. Treat-
ment BMPs shall be sized to capture and treat
developed runoff from the water quality design
storm, defined as the six-month, 24-hour duration
storm event. For the purpose of this chapter, the
precipitation from a six-month, 24-hour storm
event shall be considered equivalent to 64 percent
of the precipitation from a two-year, 24-hour storm
event. All treatment BMPs shall be selected,
designed, and maintained according to the manual.
Stormwater treatment BMPs shall not be
built within a natural vegetated buffer, except for
necessary conveyance systems as approved by the
department of public works.
All major developments shall provide treat-
ment of stormwater discharge utilizing wetponds
and/or biofiltration BMPs. Other water quality
BMPs may only be substituted subject to the grant-
ing by the director of a technical deviation from the
provisions of the stormwater design manual.
(c) Wetponds shall be required for develop-
ment sites with greater than five acres of new
impervious surface subject to motor vehicle use,
which:
(i) Discharges directly to a regional
facility, receiving body of water, or closed depres-
sion without providing on -site stormwater quantity
control; or
(ii) Discharges directly or indirectly to a
Class 1, 2, or 3 stream, or a Class 1 or 2 wetland
within one mile downstream of the site.
"Wetpond" shall mean a stormwater basin
which is intended to maintain a permanent pool of
water equal to the post -development runoff volume
of the six-month frequency, 24-hour duration
design storm.
(d) Presettling Basin. All stormwater, prior
to discharge to a facility designed to utilize infiltra-
tion, shall pass through an appropriate stormwater
treatment BMP.
(e) Water Quality -Sensitive Areas. Where
the director determines that these major develop-
ment minimum requirements do not provide ade-
quate protection of water quality -sensitive areas,
either on -site or within the drainage basin in which
the development is located, more stringent controls
shall be required to protect water quality.
(f) Downstream Analysis and Mitigation.
All major developments shall conduct an analysis
of downstream water quality impacts resulting
from the project and shall provide for mitigation of
these impacts. The analysis shall extend a mini-
mum of one-fourth of a mile downstream from the
project. The existing or potential impacts to be
evaluated and mitigated shall include excessive
sedimentation, streambank erosion, discharges to
ground water contributing or recharge zones, vio-
lations of water quality standards, and spills and
discharges of priority pollutants.
(g) Oil/Water Separators. All stormwater
from paved areas subject to motor vehicle traffic
shall flow through a spill -containment type
oil/water separator prior to discharge.
Development sites that include use, storage,
or maintenance of heavy equipment, and those
development sites that include petroleum storage
or transfer, shall utilize appropriately sized API or
CPS -type oil/water separators.
(Revised 6/99) 15-24.8
Port Orchard Municipal Code
15.32.070
(9) Stormwater Conveyance Facilities.
(a) All proposed developments must pro-
vide on -site stormwater conveyance facilities hav-
ing sufficient capacity to convey, without flooding
or otherwise damaging existing or proposed struc-
tures, the post -development peak stormwater run-
off rate resulting from a 100-year storm event, plus
any existing upstream runoff that will be conveyed
through the development site.
(b) Estimation of peak stormwater runoff
rates used in the design of water conveyance facil-
ities shall use either the rational method or a hydro -
graph method of analysis accepted by the director.
(c) Existing drainage ways and/or other
conveyance facilities downstream from proposed
developments that are identified within the scope
of the downstream portion of the off -site drainage
analysis, shall have sufficient capacity to convey,
without flooding or otherwise damaging existing
or proposed structures, the post -development peak
stormwater discharge for the 25-year storm event.
All newly constructed downstream drainageways
and/or conveyance facilities shall have sufficient
capacity to convey the post -development peak
stormwater discharge for the 100-year storm event.
Downstream improvements or additional on -site
stormwater quantity control measures shall be pro-
vided to eliminate any potential downstream flood-
ing or other damage that may occur following
completion of the proposed development. The
director has the authority to waive the requirement
for downstream improvements.
(d) Drainage through closed conveyance
structures such as pipes shall not discharge directly
onto the surface of a public road.
(10) Easements, Tracts, and Covenants.
(a) Drainage easements shall be provided in
a proposed development for all stormwater con-
veyance systems that are not located in public
rights -of -way or tracts. Said drainage easements
shall be granted to the parties responsible for pro-
viding on -going maintenance of the systems.
(b) Stormwater facilities that are to be main-
tained by the city, together with maintenance
access roads to said facilities, shall be located in
public right-of-way, separate tracts dedicated to the
city, or drainage easements located in designated
open space. The exception is for stormwater con-
veyance pipes that may be located within ease-
ments on private property; provided, that all catch
basins can be accessed without entering private
property.
(c) All runoff from impervious surfaces,
roof drains, and yard drains shall be directed so as
not to adversely affect adjacent properties. Word-
ing to this effect shall appear on the face of all final
plats/PUDs, and shall be contained in any cove-
nants required for a development.
(11) Wetlands. The following requirements
apply only to situations where stormwater dis-
charges directly or indirectly into a wetland, and
must be met in addition to meeting the require-
ments in Major Development Minimum Require-
ment 7.35 (2), Stormwater Treatment BMPs:
(a) Stormwater discharges to wetlands must
be controlled and treated to the same extent as all
other discharges, with the goal of meeting state
water quality and ground water quality standards.
(b) Discharges to wetlands shall maintain
the hydroperiod and flows of predevelopment site
conditions to the extent necessary to protect the
characteristic functions of the wetland. Prior to dis-
charging to a wetland, alternative discharge loca-
tions shall be evaluated, and natural water storage
and infiltration opportunities outside the wetland
shall be maximized.
(c) Created wetlands that are intended to
mitigate for loss of wetland acreage, function and
value shall not be designed to also treat stormwa-
ter.
(d) In order for constructed wetlands to be
considered treatment systems, they must be con-
structed in areas which are not designated as wet-
land or wetland buffer or in other areas which are
in conflict with designated critical areas and asso-
ciated buffers, and they must be managed for
stormwater treatment. If these systems are not
managed and maintained in accordance with the
manual for a period exceeding three years, these
systems may no longer be considered constructed
wetlands.
(e) Wetland BMPs shall not be built within
a natural vegetated buffer, except for necessary
conveyance systems as approved by the depart-
ment of public works.
(12) Regional Facilities. When the director has
determined that the public would benefit by the
establishment of a regional stormwater facility
which would serve as an alternative to the con-
struction of separate on -site drainage facilities, the
director may recommend to the city council that a
15-24.9 (Revised 6/99)
15.32.080
regional stormwater facility be constructed which
would serve more than one development in provid-
ing stormwater quantity and/or quality control. In
the event that a regional stormwater facility is
required by the city council, such a regional storm -
water facility shall be located outside of fish -bear-
ing streams, unless otherwise accepted by the
Washington State Department of Fish and Wild-
life. All future developments constructed on lands
designated by the city council to be served by the
regional facility shall, at the time of issuance of a
stormwater management permit for a development,
be required to contribute a fair share to the cost of
land purchase, design, and construction of said
regional facility. In the event that a proposed
regional stormwater facility is not yet in operation
at the time of completion of construction of a
development that is to be served by said regional
facility, the applicant for said development shall be
required to provide temporary stormwater quantity
and quality controls. Temporary quantity and qual-
ity controls may be constructed in temporary ease-
ments, rather than in separate tracts.
(13) Basin Planning. An adopted and imple-
mented basin plan may be used to develop require-
ments for source control, stormwater treatment,
streambank erosion control, wetlands and water
quality sensitive areas that are tailored to a specific
basin. Adopted and implemented watershed -based
basin plans may be used to modify any or all of the
minimum requirements for stormwater quantity or
quality control addressed in this chapter; provided,
that the level of protection for surface or ground
water achieved by the basin plan will equal or
exceed that which would otherwise be achieved by
implementation of the provisions of this chapter in
the absence of a basin plan. Basin plans shall eval-
uate and include, as necessary, retrofitting of
BMPs for existing development and/or redevelop-
ment in order to achieve watershed -wide pollutant
reduction goals. Standards developed from basin
plans shall not modify any of the above require-
ments until the basin plan is formally adopted and
fully implemented by the city. (Ord. 1736 § 7,
1998).
15.32.080 Operation and maintenance.
(1) Maintenance of Stormwater Facilities by
Owners.
(a) Any person or persons holding title to a
nonresidential property for which stormwater
facilities and BMPs have been required by the city
shall be responsible for the continual operation,
maintenance, and repair of said stormwater facili-
ties and BMPs in accordance with the provisions of
this chapter.
(b) For privately maintained stormwater
facilities, the maintenance requirements specified
in this chapter, including the manual, shall be
enforced against the owner(s) of the subject prop-
erty served by the stormwater facility.
(2) Maintenance Covenant Required for Pri-
vately Maintained Drainage Facilities.
(a) Prior to the beneficial use of a develop-
ment constructed under a city permit, the owner
shall record a maintenance covenant that guaran-
tees Port Orchard that the stormwater facilities
shall be properly operated and maintained. The
restrictions set forth in such covenant shall be
included in any instrument of conveyance of the
subject property and shall be recorded with the Kit -
sap County auditor.
(b) The director may require the owners of
existing stormwater facilities for which the city has
not previously accepted operation and mainte-
nance responsibility, to record a maintenance cov-
enant, or to request that the city accept operation
and maintenance responsibility for the stormwater
facilities subject to the requirements of this chap-
ter.
(c) Maintenance covenants shall remain in
force for the life of the development, or until the
responsibility for the operation and maintenance of
the subject stormwater facilities is accepted by the
city.
(3) City Acceptance of New Stormwater Facil-
ities. The city may accept for maintenance those
new residential stormwater facilities constructed
under an accepted stormwater management permit
that meets the following conditions:
(a) Improvements in residential plats/PUDs
have been completed on at least 80 percent of the
lots, unless waived by the director; and
(b) All drainage facilities have been
inspected and accepted by the director and said
drainage facilities have been in satisfactory opera-
tion for at least two years; and
(c) All drainage facilities reconstructed dur-
ing the maintenance period have been accepted by
the director; and
(Revised 6/99) 15-24.10
Port Orchard Municipal Code
15.32.090
(d) The stormwater facility, as designed and
constructed, conforms to the provisions of this
chapter; and
(e) All easements required under this chap-
ter, entitling the city to properly operate and main-
tain the subject drainage facility, have been
conveyed to the city and have been recorded with
the Kitsap County auditor; and
(f) For nonstandard drainage facilities, an
operation and maintenance manual, including a
maintenance schedule, has been submitted to and
accepted by the city; and
(g) A complete and accurate set of repro-
ducible mylar as -built drawings have been pro-
vided to the city.
(4) City Acceptance of Existing Stormwater
Facilities. Port Orchard may accept for mainte-
nance those stormwater facilities for residential
developments existing prior to the effective date of
the ordinance codified in this chapter that meet the
following conditions:
(a) Improvements in residential plats/PUDs
have been completed on at least 80 percent of the
lots; and
(b) An inspection by the director has deter-
mined that the stormwater facilities are functioning
as designed; and
(c) The stormwater facilities have had at
least two years of satisfactory operation and main-
tenance, unless otherwise waived by the director;
and
(d) The person or persons holding title to the
properties served by the stormwater facilities sub-
mit a petition containing the signatures of the title
holders of more than 50 percent of the lots served
by the stormwater facilities requesting that the city
maintain the stormwater facilities; and
(e) All easements required under this chap-
ter, entitling the city to properly operate and main-
tain the subject stormwater facilities, have been
conveyed to the city and have been recorded with
the Kitsap County auditor; and
(f) The person or persons holding title to the
properties served by the stormwater facilities show
proof of the correction of any defects in the drain-
age facilities, as required by the director.
(5) City Inspections of Privately Maintained
Stormwater Facilities.
(a) The director is authorized to develop an
inspection program for privately owned and main-
tained stormwater facilities in the city. The purpose
of this inspection program shall be to determine if
said stormwater facilities, conveyance structures
and water quality facilities are in good working
order and are properly maintained, and to ensure
that stormwater quality BMPs are in place and that
nonpoint source pollution control is being imple-
mented.
(b) Whenever the provisions of the inspec-
tion program are being implemented, or whenever
there is cause to believe that a violation of this
chapter has been or is being committed, the inspec-
tor is authorized to inspect during regular working
hours and at other reasonable times any and all
stormwater drainage facilities within the city to
determine compliance with the provisions of this
chapter.
(c) Prior to making any inspections, the
director or his assignee shall follow the procedures
delineated in POMC 15.32.110(3).
(6) Inspection Schedule. The director is autho-
rized to establish a master inspection and mainte-
nance schedule to inspect appropriate stormwater
facilities that are not owned and operated by the
city. The party (or parties) responsible for mainte-
nance and operation shall be identified. Critical
stormwater facilities, as so deemed by the director,
may require a more frequent inspection schedule.
(Ord. 1736 § 8, 1998).
15.32.090 Critical drainage areas.
(1) Special Drainage Improvements. In order to
mitigate or eliminate potential drainage -related
impacts on critical drainage areas, the director may
require drainage improvements in excess of those
required in other sections of this chapter.
(2) Designation. The following are designated
as critical drainage areas:
(a) All lands having a slope of 30 percent or
greater:
(i) As determined by a topographic sur-
vey of the site; or
(ii) As shown on a U.S.G.S. topographic
quadrangle map, when other topographic survey
information is not available; or
(iii) As determined by the director based
on field investigation of the site.
(b) Geologic hazardous area and historically
documented unstable slopes.
(c) All lands within 200 feet of the ordinary
high water mark of bodies of water possessing fish
spawning and rearing habitat for anadromous and
15-24.11 (Revised 6/99)
15.32.100
resident fish species, as designated by the State
Department of Fish and Wildlife;
(d) All lands designated critical areas in any
comprehensive drainage plan, or defined as critical
areas by separate ordinance;
(e) All lands that are classified as wetlands
as defined by any separate city ordinance or policy;
(f) Any lands that have existing local
requirements for the management of ground water,
aquifers, or sole source aquifers;
(g) Any lands that drain to a natural feature
that is a closed depression;
(h) Any lands that have existing local or
state requirements for the protection of particular
fish or wildlife habitats;
(i) Any lands that are established by law as
shellfish protection areas;
0) Any lands determined by the director to
have a high potential for drainage and water quality
problems, and/or are sensitive to the effects of con-
struction or development.
(3) Conflicting Information. In the event of
conflict between maps or other available informa-
tion resources, the final determination of whether
or not certain lands are critical drainage areas shall
be made by the director. In making such a final
determination, the director may use detailed site
surveys and/or other topographic data that the
director may require the applicant to furnish at the
applicant's expense. (Ord. 1736 § 9, 1998).
15.32.100 Water quality.
(1) Purpose. This section implements the direc-
tive of the 1991 Puget Sound Water Quality Man-
agement Plan (Sec. EM-10, Enhanced Local
Enforcement).
(2) Illicit Discharges. Illicit discharges to
stormwater drainage systems are prohibited.
(3) Illicit Connections and Uses. The stormwa-
ter system of Port Orchard, natural and artificial,
may only be used to convey stormwater runoff.
Stormwater system shall mean all natural and man-
made systems that function together or indepen-
dently to collect, store, purify, discharge, and
convey stormwater. Included are all stormwater
facilities as well as natural systems such as streams
and creeks and all natural systems which convey,
store, infiltrate, or divert stormwater. Violation of
this section can result in enforcement action being
taken as prescribed in POMC 15.32.110.
No person shall use this system to dispose of any
solid or liquid matter other than stormwater. No
person shall make or allow any connection to the
stormwater system that could result in the dis-
charge of polluting matter. Connections to the
stormwater system from the interiors of structures
are prohibited. Connections to the stormwater sys-
tem for any purpose other than to convey stormwa-
ter or ground water are prohibited and shall be
eliminated.
(4) Pollution Control Device Maintenance.
Owners and operators of oil/water separators, wet
ponds, biofiltration/biofilter facilities, sediment
and erosion control systems, infiltration systems
and any other pollution control devices shall oper-
ate and maintain such control devices to assure that
performance meets the intended level of pollutant
removal. Recommended maintenance schedules
for these devices are included in the manual.
(5) Test Procedure. In the event that water qual-
ity testing is utilized in determining whether a vio-
lation of this section has occurred, said water
quality test procedures shall be followed as
described in the most recent edition of the publica-
tion "Standard Methods for the Examination of
Water and Wastewater", published by the Ameri-
can Water Works Association.
(6) Exemptions. The following discharges are
exempt from the provisions of this section:
(a) The regulated effluent from any com-
mercial or municipal facility holding a valid state
or federal wastewater or stormwater discharge per-
mit.
(b) Acts of nature not compounded by
human negligence.
(c) Properly operating on -site domestic
sewage systems.
(d) Properly applied agricultural chemicals
and materials. (Ord. 1736 § 10, 1998).
15.32.110 Enforcement.
(1) Violations of This Chapter. The placement,
construction, or installation of any structure, or the
connection to a public storm drainage facility, or
the discharge to a public storm drainage facility, or
grading, which violates the provisions of this chap-
ter shall be and the same hereby is declared to be
unlawful and a public nuisance and may be abated
as such through the use of civil penalties and stop
work orders, as well as any other remedies which
are set forth in this chapter, including, but not lim-
(Revised 6/99) 15-24.12
Port Orchard Municipal Code
15.32.110
ited to, revocation of any permits. The choice of
enforcement action taken and the severity of any
penalty shall be based on the nature of the viola-
tion, the damage or risk to the public or to public
resources.
(2) Inspection. Whenever there is cause to
believe that a violation of this chapter has been or
is being committed, the director or his assignee is
authorized to inspect during regular working hours
and at other reasonable times all development
activity sites and all stormwater drainage facilities
within the city to determine compliance with the
provisions of this chapter.
(3) Inspection Procedures. Prior to making any
inspections, the director or his assignee shall
present identification credentials, state the reason
for the inspection and request entry.
(a) If the property or any building or struc-
ture on the property is unoccupied, the director or
his assignee shall first make a reasonable effort to
locate the owner or other person(s) having charge
or control of the property or portions of the prop-
erty and request entry.
(b) If after reasonable effort, the director or
his assignee is unable to locate the owner or other
person(s) having charge or control of the property,
and has reason to believe the condition of the site
or of the stormwater drainage system creates an
imminent hazard to persons or property, the
inspector may enter.
(c) Unless entry is consented to by the
owner or person(s) in control of the property or
portion of the property, unless conditions are rea-
sonably believed to exist which create imminent
hazard, the director or his assignee shall obtain a
search warrant, prior to entry, as authorized by the
laws of the state of Washington.
(d) The director or his assignee may inspect
the development activity site and/or the stormwater
drainage system without obtaining a search war-
rant provided for in subsection (3)(c) of this sec-
tion; provided, the inspection can be conducted
while remaining on public property or other prop-
erty on which permission to enter is obtained.
(4) Stop Work Orders. "Stop work order" shall
mean a written notice, signed by the director or his
assignee, that is posted on the site of a construction
activity, which order states that a violation of a city
ordinance has occurred and that all construc-
tion -related activity, except for erosion and sedi-
mentation control activities authorized by the
director, is to cease until further notice. The direc-
tor may cause a stop work order to be issued when-
ever the director has reason to believe that there is
a violation of the terms of this chapter. The effect
of such a stop work order shall be to require the
immediate cessation of such work or activity until
authorization is given by the director to proceed.
(5) Cumulative Civil Penalty. Every person
who violates this chapter, or the conditions of an
accepted stormwater management plan, shall incur
a civil penalty. The penalty shall not be less than
$100.00 or exceed $1,000 for each violation. This
penalty shall be in addition to any other penalty
provided by law. Each and every such violation
shall be a separate and distinct offense, and each
day of continued or repeated violation shall consti-
tute a separate violation.
(6) Aiding or Abetting. Any person who,
through an act of commission or omission, aids or
abets in the violation shall be considered to have
committed a violation for the purposes of the civil
penalty.
(7) Order to Maintain or Repair. The director
shall have the authority to issue to an owner or per-
son an order to maintain or repair a component of a
stormwater facility or BMP to bring it in compli-
ance with this chapter. The order shall include:
(a) A description of the specific nature,
extent and time of the violation and the damage or
potential damage that reasonably might occur;
(b) A notice that the violation or the poten-
tial violation cease and desist and, in appropriate
cases, the specific corrective actions to be taken;
and
(c) A reasonable time to comply, depending
on the circumstances.
(8) Notice of Violation — Assessment of Pen-
alty. Whenever the director has found that a viola-
tion of this chapter has occurred or is occurring, the
director is authorized to issue a notice of violation
directed to the person or persons identified by the
director as the violator.
(a) The notice of violation shall contain:
(i) The name and address of the property
owner;
(ii) The street address, when available,
or a legal description sufficient to identify the
building, structure, premises, or land upon or
within which the violation is occurring;
(iii) A statement of the nature of such
violation(s);
15-24.13 (Revised 6/99)
15.32.110
(iv) A statement of the action that is
required to be taken within 21 days from the date
of service of the notice of violation, unless the
director has determined the violation to be hazard-
ous and to be requiring immediate corrective
action, or unless the corrective action constitutes a
temporary erosion control measure;
(v) A statement that a cumulative civil
penalty in the amount of not less than $100.00 and
not exceeding $1,000 per day shall be assessed
against the person to whom the notice of violation
is directed for each and every day following the
date set for correction on which the violation con-
tinues; and
(vi) A statement that the director's deter-
mination of violation may be appealed to the city
council by filing written notice of appeal, in dupli-
cate, with the city council within 20 days of service
of the notice of violation. The per diem civil pen-
alty shall not accrue during the pendency of such
administrative appeal unless the violation was
determined by the director to be hazardous and to
require immediate corrective action or was deter-
mined by the director to constitute a temporary ero-
sion control measure.
(b) The notice of violation shall be served
upon the person(s) to whom it is directed either
personally or by complaint in superior court pro-
ceedings or by mailing a copy of the notice of vio-
lation by certified mail.
(9) Appeal and Disposition. A notice of viola-
tion issued pursuant to this section shall have the
following appeal options:
(a) Within 30 days from the date of receipt
of the notice of violation, the aggrieved person may
make application for relief from penalty to the
director. Such application shall contain any infor-
mation relevant to the situation that the aggrieved
party believes the director should consider. The
director may cancel, lower, or affirm the penalty.
(b) Within 15 days from the date of receipt
of the director's response to said application for
relief from penalty, the aggrieved party may appeal
to the city council. The aggrieved person shall be
entitled to have the appeal considered by the city
council at its next available regularly scheduled
meeting date following the filing of the appeal. The
city council shall issue their decision within 15
days of the completion of the hearing. The
aggrieved party shall be notified by certified mail
of the determination of the city council.
(10) Liability for Costs of Investigation. Any
person found to be in violation of this chapter will
be responsible for the costs of investigation by the
city. Such cost may include the analytical services
of a certified laboratory.
(11) Collection of Civil Penalty. The civil pen-
alty constitutes a personal obligation of the per-
son(s) to whom the notice of violation is directed.
Penalties imposed under this section shall become
due and payable 30 days after receiving notice of
penalty unless an appeal is filed. The prosecuting
attorney, on behalf of the city, is authorized to col-
lect the civil penalty by use of appropriate legal
remedies, the seeking or granting of which shall
neither stay nor terminate the accrual of additional
per diem penalties so long as the violation contin-
ues.
(12) Compromise Settlement and Disposition
of Suits. The director and the prosecuting attorney
are hereby authorized to enter into negotiations
with the parties or their legal representatives
named in a lawsuit for the collection of civil penal-
ties to negotiate a settlement, compromise or other-
wise dispose of a lawsuit when to do so will be in
the best interest of the city; provided, that a report
shall be submitted to the city council in any
instance when a compromise settlement is negoti-
ated.
(13) Hazards.
(a) Whenever the director determines that
any existing construction site, erosion/sedimenta-
tion problem or drainage facility poses a hazard to
public safety or substantially endangers property,
or adversely affects the condition or capacity of the
drainage facilities, or adversely affects the safety
and operation of city right-of-way, or violates state
water pollution laws, the person to whom the per-
mit was issued, the person or persons holding title
to the property within which the drainage facility is
located, the person shall upon receipt of notice in
writing from the director, repair or otherwise
address the cause of the hazardous situation in con-
formance with the requirements of this section.
(b) Should the director have reasonable
cause to believe that the situation is so adverse as
to preclude written notice, he may take the mea-
sures necessary to eliminate the hazardous situa-
tion; provided, that he or she shall first make a
reasonable effort to locate the owner before acting,
in accordance with subsection (3) of this section. In
such instances, the person or persons holding title
(Revised 6/99) 15-24.14
Port Orchard Municipal Code
15.36.020
to the subject property shall be obligated for the
payment to the city of all costs incurred by the city.
If costs are incurred and a bond pursuant to this
section or other city requirement has been posted,
the director shall have the authority to collect
against the bond to cover costs incurred. (Ord.
1736 § 11, 1998).
Chapter 15.36
MOBILE HOME INSTALLATION
AND INSPECTION
Sections:
15.36.010 Purpose and intent.
15.36.020 Definitions.
15.36.030
Installation permits — Required — Fee.
15.36.040
Building site preparation.
15.36.050
General installation requirements —
Standards.
15.36.060
Accessory structures — Regulation of.
15.36.070
Instruction manuals.
15.36.080
Inspections — Correction of
noncompliance.
15.36.010 Purpose and intent.
(1) In accordance with RCW 43.22.440, the
city shall administer, inspect and enforce the instal-
lation of all mobile/manufactured homes locating
or relocating within the jurisdictional boundaries
of the city.
(2) Mobile/manufactured homes installed out-
side of mobile home parks shall meet the require-
ments of zoning ordinance 1163 and amendments
thereto. (Ord. 1276 § 1, 1984).
15.36.020 Definitions.
For the purposes of this chapter, the following
words, terms and phrases shall be used in the inter-
pretation and administration of this chapter:
(1) "Dwelling, single-family" means a
detached building designed exclusively for the per-
manent occupancy of one family and containing
one dwelling unit, including mobile/manufactured
housing.
(2) "Factory -built housing" means a structure
constructed in a factory of factory -assembled parts
and transported to the building site, in whole or in
units, which meets the requirements of the Uni-
form Building Code. The completed structure is
not a mobile/manufactured home.
(3) "Mobile home lot" means a parcel of land
within a mobile home park for the placement of a
single mobile home and the exclusive use of its
occupants.
15-24.15 (Revised 6/99)
15.36.030
(4) "Mobile home park" means a plot of ground
divided into lots, under the ownership or manage-
ment of one person, firm or corporation for the pur-
pose of locating two or more mobile homes for
dwelling purposes.
(5) "Mobile/manufactured home" means a resi-
dential unit on one or more chassis for towing to
the point of use and designed to be used with a
foundation as a dwelling unit on a year around
basis. A commercial coach, recreational vehicle,
and motor home is not a mobile/manufactured
home.
(6) "Recreational vehicle (RV)" means a vehic-
ular type unit designed as temporary living quarters
for recreational camping or travel uses, with or
without motive power. This definition includes
vehicles such as travel trailer, camping trailer,
truck campers, and motor homes. A recreational
vehicle is not a mobile/manufactured home. (Ord.
1276 § 2, 1984).
15.36.030 Installation permits — Required —
Fee.
(1) Prior to the location, relocation, establish-
ment or initial occupancy of any mobile/manufac-
tured home, the home owner or authorized
representative shall obtain a permit from the build-
ing department. The fee for the installation permit
shall be:
(a) In an established mobile/manufactured
home park: $45.00;
(b) On an individual building site: $60.00.
(2) A dealer may not deliver a mobile/manufac-
tured home until it has been verified that the owner
or the installer has obtained an installation permit
for the home. Each permit issued by the building
department for a mobile/manufactured home shall
be valid until the mobile/manufactured home is
moved to another location.
(3) The installation permit issued is only for the
installation of the mobile/manufactured home.
Changes to the basic home or modification to the
approved setup instructions cannot be made. (Ord.
1276 § 7, 1984).
15.36.040 Building site preparation.
(1) A mobile home may not be installed at a
building site unless the ground at the site has ade-
quate compaction and load -bearing ability to meet
the support requirements. When the bearing capac-
ity of the soil is not known or in question, a soils
analysis by a qualified engineer shall be required.
The installer or, if the building site is in a mobile
home park, the park owner, shall ensure that the
ground on which the home is to be installed has
been improved as necessary, to provide a proper
base for the mobile home and that the area beneath
the home has adequate drainage.
(2) Site preparation shall be regulated by the
Uniform Building Code and applicable city codes.
Permit and fees for site preparation are established
by the Uniform Building Code. (Ord. 1276 § 5,
1984).
15.36.050 General installation requirements —
Standards.
(1) All mobile/manufactured homes shall be
installed in compliance with the National Manu-
factured Housing Procedural and Enforcement
Regulations which are incorporated into these rules
by this reference. (Subparts "F" and "I" of 24 CFR,
part 3282 adopted as of April 1, 1982).
(2) HUD -labeled homes shall be installed in
compliance with the manufacturer's installation
recommendations, approved by HUD.
(3) Homes not labeled by HUD shall be
installed in accordance with instructions by a pro-
fessional engineer or architect licensed in the state,
or if not covered by either of the above, they shall
comply with the installation requirements in WAC
296-150B-225 through 296-15013-255.
(4) No person, firm, partnership, corporation,
or other entity may install a mobile home unless he,
she, or it owns the mobile home, is a licensed
mobile home dealer, or is a contractor registered
under Chapter 18.27 RCW. (Ord. 1276 § 3, 1984).
15.36.060 Accessory structures — Regulation
of.
(1) Unless designed and/or built by the manu-
facturer, accessory structures such as porches,
decks and carports are regulated under city codes
and ordinances.
(2) Accessory structures cannot use the manu-
factured home for support of said structure unless
the structure is commercially manufactured and the
structure's manufacturer certifies that said acces-
sory structure will not adversely affect the manu-
factured home. Custom manufactured accessory
structures cannot use the manufactured home for
support unless a licensed professional engineer
certifies that the said accessory structure will not
(Revised 6/99) 15-24.16
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 6/99)
15.44.010
Chapter 15.40
Chapter 15.44
ZONING ORDINANCE ENFORCEMENT ENERGY CODE AND VENTILATION AND
INDOOR AIR QUALITY CODE
(Repealed by Ord. 1748)
Sections:
15.44.010 Minimum requirements established.
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 6/99) 15-34
Port Orchard Municipal Code
Street Vacation Table
Ord. 1530 Rockwell Avenue:
That portion of Rockwell Avenue fronting Lots 22 to 27 inclusive, and fronting the South 2
feet of Lot 28, all in Block 5 of the plat of Sweany's 2nd Addition to Sidney, per plat
recorded in Volume 2 of Plats, Page 18, records of Kitsap County, Washington and situated
within the corporate limits of the City of Port Orchard; EXCEPT that portion lying
southerly of the following described line: Commencing at the southeast corner of the
Northeast quarter of Section 35, Township 24 North, Range 1 East, W.M., in Kitsap
County, Washington; thence North 1°09'24" East, along the East line of said Northeast
quarter, a distance of 1444.45 feet to an intersection with an existing woven wire fence, as
the same existed in September of 1991, and the TRUE POINT OF BEGINNING of said
described line; thence North 88°46'14" West, along said fence, to the westerly right-of-way
margin of Rockwell Avenue, per said plat of Sweany's 2nd Addition to Sidney, and the
terminus of said described line.
Ord. 1531 Fir Street and Bayview Street:
All that portion of Fir Street lying Between Blocks 9 and 10, of the Plat of Wheeler's
Addition to Sidney as per recorded Plat filed in Volume 1 page 61 of Plats record of Kitsap
County, Washington, extending South from the North line of Lot 6, Block 9 of said plat of
Wheeler's Addition to the South line of Bayview Street (Division Street) as Fir Street and
shown on the recorded Plat of Tom Cline's Addition to Sidney filed in Volume 1, page 29
of Plats. All that portion of Bayview Street (Division Street) in said Plat of Wheeler's
Addition to Sidney, lying east of the west line of Block 9 and west of the east line of Lot 13,
Block 9 of said Plat of Wheeler's Addition. Also all that portion of Bayview Street
(Division Street) in said Plat of Tom Cline's Addition to Sidney, lying east of the west line
of Block 9 of said Wheeler's Addition to Sidney and west of the east line of Lot 1 of Block
2 of Tom Cline's Addition to Sidney.
Ord. 1603 Bay Street and unnamed alley:
That portion of Government Lot 3, and the First Class Tidelands adjoining Sec. 25, Twp. 24
N., R. 1 E., W.M., in Kitsap County, Washington, described as follows:
Commencing at the southeast corner of Lot 1, Block 23, Plat of Annapolis, according to the
plat thereof, recorded in Volume 1 of Plats, Page 64, records of Kitsap County,
Washington, which is the true point of beginning; thence 85 feet northeasterly along the
west margin of the Bay Street right-of-way; thence 35 feet southeasterly along a line
perpendicular to the west margin of said Bay Street; thence 85 feet southwesterly along a
line parallel to the west margin of said Bay Street; thence 35 feet northwesterly along a line
which is perpendicular to the west margin of said Bay Street to the true point of beginning
AND TOGETHER WITH the unnamed right-of-way which is west of Bay Street and is
between Blocks 23 and 32, Sidney Tidelands.
A-11 (Revised 6/99)
Street Vacation Table
Ord. 1658 Prospect Street/Bank Street:
Those portions of Prospect Street right-of-way and Bank Street right-of-way according to
S.M. Steven's Town Plat of Sidney recorded in volume 1 of Plats, page 1, records of the
Auditor of Kitsap County, Washington described as follows:
BEGINNING at the southeast corner of Lot 1, Block 8, of said S.M. Steven's Town Plat of
Sidney; thence north 01 °31'58" east along the westerly right-of-way margin of Prospect
Street as shown on Survey recorded in volume 45 of Surveys, page 87 a distance of 239.42
feet to the northeast corner of Lot 4, Block 8 of said S.M. Steven's Town Plat of Sidney;
thence north 88°30'25" west along the southerly right-of-way margin of Bank Street 119.41
feet to the northwest corner of said Lot 4, Block 8; thence north 01°40'27" east, 16.00 feet;
thence south 88°30'25" east 137.37 feet; thence south 01°31'58" west 255.50 feet; thence
north 88° 15'42" west 18.00 feet to the point of beginning; Situated in Sec. 26, Twp. 24 N.,
R. 1 E., W.M., City of Port Orchard, Kitsap County, Washington; this description contains
right-of-way previously vacated by the City of Port Orchard under Ordinance Number
1002, dated February 14, 1977.
Ord. 1746 Rockwell Avenue:
That portion of Rockwell Avenue in the Plat of Sweany's Second Addition to Sidney, as per
plat recorded in Volume 2 of Plats, page 18, records of Kitsap County, Washington,
described as follows:
Beginning at the southeast corner of Lot 22, Block 5, said Sweany's Second Addition to
Sidney, the True Point of Beginning; thence North 1 °09'24" east 13.56 feet along the east
line of said Lot 22; thence south 88°45'14" east 30.00 feet to the east line of Section 35,
Township 24 North, Range 1 East, W.M., in Kitsap County, Washington; thence south
1°09'24" west 14.39 feet along said section line; thence North 87°12'21" west along the
south line of said plat 30.01 feet to the True Point of Beginning.
Ord. 1753 Unnamed alley:
That portion of the alley as shown on the face of the Plat of Sidney Villa Addition to Sidney
as per Plat recorded in Volume 2 of Plats Page 46 records of Kitsap County between Lots 1
through 14 Block 1 of said Plat and Lots 1 through 14 Block 2 of said Plat.
(Revised 6/99) A-12
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 6/99)
Ordinance Table
583
Meat inspection (Repealed by 754)
613
Expenditure for city expenses (Special)
584
Budget and tax levy for 1952 (Special-Ob-
614
Compensation of firemen (Repealed by
solete)
1710)
585
Trade stimulant licenses (Repealed by 854)
615
Repeals Ord. 608, salaries (Repealed by
586
Expenditure for city expenses (Special-Ob-
619)
solete)
616
Expenditures for city expenses (Special)
587
Street improvement LID 53 (Special)
617
Authorizing sale of city property (Special)
588
Vacating portion of Sweany Street (Tables)
618
Budget and tax levy for 1955 (Special)
589
Water and sewer improvement LID 54
619
Repeals Ord. 615, salaries (Repealed by
(Special)
622)
590
Annexation of territory (Special)
620
Approving plans for street improvement
591
Repeals Ord. 346, intoxicating liquor (Re-
(Special)
pealed by 1125)
621
Street improvement LID 56 (Special)
592
Expenditure for truck and police car (Spe-
622
Repeals Ord. 619, salaries (Repealed by
cial-Obsolete)
625)
593
Repeals Ord. 580, salaries (Repealed by
623
Budget and tax levy for 1956 (Special)
608)
624
Approving assessments LID 56 (Special)
594
Repeals Ord. 574, voting precincts (Re-
625
Repeals Ord. 622, salaries (Repealed by
pealed by 646)
640)
595
Expenditure for harbor purposes (Special-
626
(Not passed or published)
Obsolete)
627
Expenditure for police car (Special)
596
Expenditure for city expenses (Special-Ob-
628
Expenditure for street equipment (Special)
solete)
629
Permit to wear police uniform or carry fire-
597
Changing names of certain streets (Special)
arms (Repealed by 754)
598
Amends § 9 of Ord. 528, salary (Repealed
630
Annexation (Special)
by 745)
631
Expenditure for water system (Special)
599
Vacates portion of South Street (Tables)
632
Holidays, vacations and sick leave (Re-
600
Compensation of town attorney (Repealed
pealed by 715)
by 745)
633
Budget and tax levy for 1957 (Special)
601
Water and sewer improvement LID 55
634
Annexation (Special)
(Special)
635
Expenditure for city expenses (Special)
602
Budget and tax levy for 1953 (Special-Ob-
636
Vacating portion of street (Tables)
solete)
637
Prohibiting parking on Bay Street (Re-
603
Adds § 17 to Ord. 502, amusement device
pealed by 1152)
licenses (Repealed by 854)
638
Repeals Ord. 416, water rates and charges
604
Expenditure for city expenses (Special-Ob-
(Repealed by 667)
solete)
639
Adopting plans for water improvements,
605
Parking restrictions, authority of police
bond issue (Special)
(Repealed by 754)
640
Repeals Ord. 625, salaries (Repealed by
606
Amends § 1 of Ord. 598, salary (Repealed
645)
by 745)
641
Issuance of water revenue bonds, 1957 Se-
607
Signs on street rights -of -way (Repealed by
ries A (Special)
1741)
642
Amending descriptions of property in Ords.
608
Repeals Ord. 593, salaries (Repealed by
634 and 636, annexation and vacation (Ta-
615)
bles)
609
Repeals Ord. 563, admission tax (Repealed
643
Annexation (Special)
by 754)
644
Budget and tax levy for 1958 (Special)
610
Budget and tax levy for 1954 (Special)
645
Repeals Ord. 640, salaries (Repealed by
611
Approving assessments LID 55 (Special)
648)
612
Vacating portion of Hemlock Street (Ta-
646
Repeals Ord. 594, voting precincts (Re-
bles)
pealed by 729)
(Revised 6/99) B-8
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 6/99)
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
(Repealed by 1736)
1099 Rezone (Special)
(Revised 6/99)
B-16
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)
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)
Port Orchard Municipal Code
Ordinance Table
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)
1152 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 (Repealed
by 1754)
1187 Appropriation (Special)
1188 Rezone (Special)
B-17 (Revised 6/99)
Ordinance Table
1189 Adds § 2 to Ord. 1105, water rates (Re-
pealed by 1456)
1190 Amends § 13.08.300, sewers (Repealed by
1456)
1191 1982 employee salary schedule (Special)
1192 Street vacation (Tables)
1193 Repeals Ch. 6.08 (Repealer)
1194 Amends Ord. 899, zoning (Repealed by
1469)
1195 Rezone (Special)
1196 Amends §§ 5.04.050 and 5.04.060, electric
light business and occupation tax (5.04)
1197 Amends § 5.08.030, telephone business
and occupation tax (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 (Tables)
1212 Hazardous materials emergency assistance
agreements (Repealed by 1712)
1213 1983 ad valorem taxes (Special)
1214 Amends comprehensive zoning plan (Re-
pealed by 1469)
1215 Alley vacation (Tables)
1216 Amends § 15.04.010 and amends Uniform
Building Code (Repealed by 1677)
1217 Amends § 15.08.020, plumbing code (Re-
pealed by 1343, 1679)
1218 Amends § 15.12.010, fire code (Repealed
by 1557, 1678)
1219 Treasurer's trust and agency fund; repeals
Ch. 3.12 (3.12)
1220 (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 (Tables)
1240 Additional section of RCW adopted by ref-
erence (Repealed by 1565)
1241 Unlawful operation of motor vehicle by ha-
bitual offender (Repealed by 1565)
1242 Amends §§ 9.02.040 and 9.04.070, public
peace, morals and safety (Repealed by
1565)
1243 Rezone (Special)
1244 Ad valorem taxes (Special)
1245 Additional section of RCW adopted by ref-
erence (Repealed by 1565)
1246 Driving alone on instruction permit (Re-
pealed by 1565)
1247 Amends §§ 9.12.010 and 9.36.120, public
peace, morals and safety, and § § 10.20.010
and 10.20.030, vehicles and traffic (Re-
pealed by 1523)
1248 (Not passed)
1249 Assessment roll for LID No. 1 (Special)
1250 Amends §§ 13.08.190 and 13.08.220, sew-
ers (Repealed by 1456)
1251 Amends 1983 budget (Special)
(Revised 6/99) B-18
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 (Tables)
1414 Street vacation (Tables)
1415 Repeals Ords. 1380, 1356, 1355, 1152 § 14
and 1054 § 2 (Repealer)
1416 Closes and transfers balance of LID No. 65
fund to local improvement guaranty fund
(Special)
1417 Rezone (Special)
1418 Rezone (Special)
1419 Rezone (Special)
1420 Number not used
1421 Rezone (Special)
1422 Repeals Ord. 1158, frontage roads required
on commercial enterprises (Repealer)
1423 Amends § 1 of Ord. 756, surety bonds
(2.36)
1424 Alley vacation (Tables)
1425 Number not used
1426 Rezone (Repealed by 1548)
1427 Residential parking permit system; repeals
Ord. 1381 (10.14)
1428 Amends Ord. 1365, special investigative
unit imprest fund (3.76)
1429 Rezone (Special)
1430 Unauthorized and junk vehicles (Repealed
by 1565)
1431 Rezone (Special)
1432 1989 ad valorem taxes (Special)
1433 Amends 1988 salary schedule (Special)
1434 Annexation (Special)
1435 Flood damage prevention (15.38)
1436 Rezone (Special)
1437 Rezone (Special)
1438 Rezone (Special)
1439 Repeals Ord. 1376, flood damage preven-
tion (Repealer)
1440 Budget and tax levy for 1989 (Special)
1441 Annexation (Special)
1442 Amends § 13.08.060, sewers (Repealed by
1456)
1443 Hazardous materials facility warning sys-
tem (Repealed by 1713)
1444 Amends § 17.72.010, parking of mobile
homes (Repealed by 1615)
1445 Amends 1988 budget (Special)
1446 Amends Ord. 1435, flood damage preven-
tion (15.38)
1447 Alley vacation (Tables)
1448 Rezone (Special)
1449 Admissions tax (5.22)
1450 Uniform Building Code; repeals Ords.
1317 and 1379 (Repealed by 1555)
1451 Uniform Plumbing Code; repeals Ord.
1343 (Repealed by 1556)
B-21 (Revised 6/99)
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 (Tables)
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 (Repealed by 1740)
1468 Rezone (Special)
1469 Zoning; repeals Ords. 899, 986, 987, 988,
1163, 1194, 1214, 1302, 1312, 1323, 1351,
1367 and 1393 (Repealed by 1748)
1470 Rezone (Repealed by 1545)
1471 Rezone (Special)
1472 Salary schedule (Special)
1473 Ad valorem taxes (Special)
1474 Rezone (Special)
1475 Energy code; repeals Ord. 1337 (Repealed
by 1517)
1476 Rezone (Special)
1477 Rezone (Special)
1478 Designates Port Orchard Boulevard as a
limited access road (Special)
1479 Amends §§ 9 and 10 of Ord. 1152, speed
limits (10.08)
1480 Budget and tax levy for 1990 (Special)
1481 Funds (3.80)
1482 Street vacation (Tables)
1483 Budget amendment (Special)
1484 Alley vacation (Tables)
1485 Plat vacation (Tables)
1486 Street vacation (Tables)
1487 Rezone (Special)
1488 Rezone (Special)
1489 Designates deputy city clerk as auditing of-
ficer; repeals Ord. 1014 (2.44)
1490 Street vacation (Tables)
1491 Authorizes special election (Special)
1492 Amends §§ 4 and 6.1(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
(Repealed by 1748)
1509 Amends Ch. 17 of Ord. 1469, zoning (Re-
pealed by 1748)
1510 Repeals Ords. 1087 and 1051 §§ 4, 7, 12,
14 and 23 (Repealer)
1511 Rezone (Special)
1512 Transfers bypass fund to cumulative re-
serve fund (Repealed by 1695)
1513 Vacating public right-of-way procedures
(16.04)
1514 Amends Ch. 5 of Ord. 1469, zoning (Re-
pealed by 1748)
1515 Imposes real estate excise tax, repeals Ord.
1208 (3.52)
1516 Amends Ch. 13 of Ord. 1469, zoning (Re-
pealed by 1748)
1517 Adopts state energy and indoor air quality
codes, repeals Ord. 1475 (Repealed by
1637)
1518 Street vacation (Tables)
1519 Alley vacation (Tables)
1520 Obstructing public officer (Repealed by
1565)
(Revised 6/99) 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 (Tables)
9.04.020 - 9.04.100, 9.04.105, 9.04.110 -
1531
Street vacation (Tables)
9.04.230, 9.08.010 - 9.08.130, 9.10.010 -
1532
(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)
B-23 (Revised 6/99)
Ordinance Table
1569 Commute trip reduction program (Re-
pealed by 1760)
1570 Establishes civil service commission, re-
peals Ords. 736 and 1309 (Repealed by
1704)
1571 Rezone (Special)
1572 Rezone (Special)
1573 Adds § 2.52.030, municipal court (2.52)
1574 Amends §§ 5.3 (A,1), 5.6 (13,6), 5.7 (B,5)
and 5.8 of Ord. 1469 and repeals Ord. 1541,
zoning (Repealed by 1748)
1575 Adds definitions to Ch. 4 and amends §§
5.5 and 5.7 of Ord. 1469, zoning (Repealed
by 1748)
1576 Approves preliminary plat (Special)
1577 Amends Ord. 926 business and occupation
tax (5.78)
1578 Annexation (Special)
1579 Rezone (Special)
1580 Approves preliminary plat (Special)
1581 Rezone (Special)
1582 Approves preliminary plat (Special)
1583 Street vacation (Tables)
1584 Dedication of public right-of-way (Special)
1585 Amends § 5.60.050, exploding fireworks
(Invalid)
1586 Approves revised site plan for South Kitsap
Health Care Campus (Special)
1587 Amends § 1 of Ord. 1385, road and storm -
water improvements (Special)
1588 Amends Ords. 1035 and 1496, rezone (Spe-
cial)
1589 Street vacation (Special)
1590 Repeals and replaces Ord. 1463, activities
on city owned piers and docks (Repealed
by 1631)
1591 Adopts RCW 47.50, highway access man-
agement (10.16)
1592 Abatement of nuisances (Repealed by
1630)
1593 Amends Ords. 1527 and 1533, rate of com-
pensation for city council members (2.60)
1594 Amends Ord. 1469, zoning (Special)
1595 Ad valorem taxes (Special)
1596 Budget and tax levy for 1994 (Special)
1597 Rezone (Special)
1598 Budget amendment (Special)
1599 Amends Ord. 1564, salary schedule (Spe-
cial)
1600 Amends Ord. 1537, rezone (Special)
1601 Amends Ord. 1538, rezone (Special)
1602 (Not used)
1603 Street vacation (Tables)
1604 Amends Ord. 1586, revised site plan for
South Kitsap Health Care Campus (Spe-
cial)
1605 Adopts Washington model traffic ordi-
nance; repeals Ord. 1565 (10.04)
1606 Repeals and replaces §§ 1.04.020, 9.02.010
— 9.02.070, 9.04.010, 9.08.010 — 9.08.130,
9.10.010 — 9.10.080, 9.12.010 — 9.12.090,
9.14.010 — 9.14.090, 9.16.010 — 9.16.070,
9.18.010 — 9.18.080, 9.20.010 — 9.20.080,
9.24.010 — 9.24.050, 9.26.010 — 9.26.090,
9.28.010 — 9.28.180, 9.32.010 — 9.32.050,
9.34.010 — 9.34.060, 9.36.010, 9.36.020,
9.36.130, 10.88.010 — 10.88.030,
10.92.010—10.92.070, public peace, safety
and morals (Repealed by 1724)
1607 Repeals and replaces Chs. 7.04, 7.08 and
7.12, animals (Repealed by 1750)
1608 Repeals and replaces Ch. 13.04, water and
sewers; repeals Ord. 1549 (Repealed by
1610)
1609 Amends Ord. 1604, revised site plan for
South Kitsap Health Care Campus (Spe-
cial)
1610 Water and sewers; repeals Ord. 1608 (Re-
pealed by 1663)
1611 Amends Ord. 1469, rezone (Special)
1612 Approves preliminary plat (Special)
1613 Amends Ord. 1469, rezone (Special)
1614 Code enforcement officer (Repealed by
1731)
1615 Repeals and replaces Title 17, mobile home
parks; repeals Ord. 1335 (Repealed by
1700)
1616 Amends Ord. 1469, rezone (Special)
1617 Approves preliminary plat (Special)
1618 Amends Ord. 1469, rezone (Special)
1619 Subdivisions; repeals Ords. 951 and 1362
(Repealed by 1702)
1620 Amends § IA and J of Ord. 1592, abate-
ment of nuisances (Repealed by 1630)
1621 Amends Chs. 14, 15(A) and 15(B) of Ord.
1469, buildings and construction (Repealed
by 1748)
1622 Animal control appeal board (2.68)
1623 Ad valorem taxes (Special)
1624 Budget and tax levy for 1995 (Special)
(Revised 6/99) B-24
Port Orchard Municipal Code
Ordinance Table
1625 Repeals Ords. 387, 553, 888, 904, 954, 991,
1009, 1021,1023, 1119 and 1273 (Repeal-
er)
1626 Amends Ord. 1599, salary schedule (Spe-
cial)
1627 Amends 1994 budget (Special)
1628 Rezone (Special)
1629 Approves preliminary plat of Castle Gate
subdivision (Special)
1630 Repeals and replaces Ch. 9.30, abatement
of nuisances (Repealed by 1666)
1631 Repeals and replaces Ch. 9.46, commercial
activity prohibited on city -owned docks
and piers (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 (Repealed by 1748)
1650 Parking, stopping or standing; repeals § 14
of Ord. 1152, § 2 of Ord. 1384, and Ords.
1356 and 1522 (10.12)
1651 Amends § 9.18.020 and adds § 9.16.080,
crimes against the person (Repealed by
1724)
1652 Approves preliminary plat (Special)
1653 Amends Ord. 1469, rezone (Special)
1654 Amends Ord. 1594, project site plan (Spe-
cial)
1655 Amends § 17.36.010, parking of mobile
homes and recreational vehicles (Repealed
by 1700, 1734)
1656 Pedestrian interference (Repealed by 1724)
1657 Repeals Ord. 729 (Repealer)
1658 Street vacation (Tables)
1659 Annexation (Special)
1660 Bremerton-Kitsap county health district
(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 (Repealed by 1748)
1668 Budget for 1997 (Special)
1669 Base salary schedules (Special)
1670 Amends Ord. 1469, rezone (Special)
1671 Authorizes joint use parking lot (Special)
1672 Amends 1996 budget (Special)
1673 Repeals Ords. 948 and 969 (Repealer)
1674 Approves preliminary plat (Special)
1675 Amends § 9.18.090, interfering with 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)
B-25 (Revised 6/99)
Ordinance Table
1687 Amends Ord. 1469, rezone (Special)
1688 Amends Ord. 1469, rezone (Special)
1689 Amends Ord. 1469, rezone (Special)
1690 1998 tax levy (Special)
1691 Annexation (Special)
1692 1998 budget and tax levy (Special)
1693 Amends Ord. 1689, rezone (Special)
1694 Amends Ord. 1669, salary schedules (Spe-
cial)
1695 Repeals Ord. 1286 (Repealer)
1696 Amends 1997 budget (Special)
1697 Fire authority (2.12)
1698 Fire code; repeals Ords. 1111, 1278, 1638
and 1678 (Repealed by 1726)
1699 Fire hydrant installation; repeals Ords.
1141 and 1275 (15.28)
1700 Mobile home parks; repeals Ord. 1615
(17.04)
1701 Business licenses; repeals Ord. 1665 (5.12)
1702 Subdivisions; repeals Ord. 1619 (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 (Re-
pealed by 1745)
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)
1730 (Voided)
1731 Code enforcement officer; repeals Ord.
1614 (Repealed by 1743)
1732 Registration of bonds, obligations; repeals
Ord. 1265 (3.84)
1733 Bond issuance (Special)
1734 Repeals Ord. 1655 (Repealer)
1735 Amends § 15.04.010; repeals Ord. 1703,
building code (15.04)
1736 Stormwater management; repeals Ord.
1098 (15.32)
1737 Amends Ord. 1609, revised site plan for the
South Kitsap Health Care Campus (Spe-
cial)
1738 Amends Ord. 1635, preliminary plat of
Rockport subdivision (Special)
1739 Amends Ord. 1632, preliminary plat of
Aidan Place subdivision (Special)
1740 Vacations and leaves of absence; repeals
Ord. 1467 (2.28)
1741 Signs; repeals Ord. 607 (Repealed by 1762)
1742 1999 tax levy (Special)
1743 Code enforcement officer; repeals Ord.
1731 (Repealed by 1749)
1744 Amends Ord. 1694, salary schedules (Spe-
cial)
(Revised 6/99) B-26
Port Orchard Municipal Code
Ordinance Table
1745 Water and sewers; repeals Ord. 1707
(13.04)
1746 Right-of-way vacation (Tables)
1747 Adopts 1999 budget; tax levy (Special)
1748 Zoning; repeals Ords. 1469, 1508, 1509,
1514, 1516, 1574, 1575, 1621, 1649 and
1667 (Not codified)
1749 Code enforcement officer; repeals Ord.
1743 (2.64)
1750 Animals; repeals Ord. 1607 (7.01, 7.04,
7.06, 7.08, 7.12, 7.16, 7.20, 7.22, 7.26,
7.30)
1751 Budgetary transfer (Special)
1752 Unlawful bus conduct (9.24)
1753 Alley vacation (Tables)
1754 Transient occupancy tax; repeals Ord. 1186
(3.18)
1755 Amends Ord. 1717, preliminary plat of
Golden Pond subdivision (Special)
1756 Amends Ord. 1718, preliminary plat of
Aidan Place subdivision (Special)
1757 Amends Ord. 1719, preliminary plat of
Rockport subdivision (Special)
1758 Amends Ords. 1635 and 1738, preliminary
plat of Rockport subdivision (Special)
1759 Amends Ords. 1632 and 1739, preliminary
plat of Aidan Place subdivision (Special)
1760 Commute trip reduction; repeals Ord. 1569
(10.86)
1761 (Number not used)
1762 Signs; repeals Ord. 1741 (15.16)
B-27
(Revised 6/99)
Port Orchard Municipal Code
Animals
—A—
Abandoned vehicles See under Parking
Admissions tax
Accounting for admission 5.22.060
Collection, payment 5.22.070
Definitions
admissions charge 5.22.030
city 5.22.030
nonprofit organization 5.22.030
person 5.22.030
place 5.22.030
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
Boarding kennels See Pet shops, animal shelters,
boarding kennels
Chasing vehicles 7.04.040
Commercial kennels prohibited 7.22.010
Control appeal board
created 2.68.010
members
eligibility 2.68.010
terms 2.68.020
powers, duties 2.68.030
Cruelty 7.04.100
Dangerous
declaring, levels of violation 7.06.020
exemptions 7.06.010
failure to control 7.06.030
registration 7.06.040
violation
abatement 7.06.090
civil infraction 7.06.080
misdemeanor 7.06.070
public nuisance declaration 7.06.050
witnessing, impoundment, citations 7.06.060
Definitions
abandonment 7.01.010
adequate shelter 7.01.010
animal 7.01.010
animal control authority 7.01.010
at large 7.01.010
boarding kennel 7.01.010
cat 7.01.010
commercial kennel 7.01.010
court 7.01.010
dangerous 7.01.010
dog 7.01.010
dog handler 7.01.010
domestic livestock 7.01.010
grooming parlor 7.01.010
hobby kennel 7.01.010
inhumane treatment 7.01.010
local law enforcement officer 7.01.010
neglect 7.01.010
owner 7.01.010
pet shop 7.01.010
police dog 7.01.010
potentially dangerous 7.01.010
provocation 7.01.010
secure enclosure 7.01.010
severe injury 7.01.010
stray 7.01.010
under control 7.01.010
Disposal of feces, waste 7.04.110
Female dog, cat in heat 7.04.070
Grooming parlors
inspections 7.26.080
Index-1 (Revised 6/99)
Billboards, handbills
license
expiration 7.16.020
application 7.26.050
fees 7.16.030
expiration 7.26.020
issuance 7.16.070
fee 7.26.030
proration of fees 7.16.050
issuance 7.26.060
required 7.16.010
proration of fee 7.26.040
revocation 7.16.110
required 7.26.010
operation requirements 7.16.080
revocation 7.26.090
Property, damaging 7.04.030
operation, facility requirements 7.26.070
Running at large 7.04.020
Hobby kennels
Shelters See Pet shops, animal shelters, boarding
application procedure 7.20.030
kennels
fees
Strays 7.04.060
established 7.20.040
Violation
proration 7.20.050
abatement 7.04.180
inspections 7.20.080
civil infraction 7.04.170
license
Class C felony 7.04.160
application 7.20.070
date 7.30.010
required 7.20.010
misdemeanor 7.04.150
revocation 7.20.090
nuisance declaration 7.04.130
numbers of dogs, cats 7.20.020
penalty 7.30.020
public hearing 7.20.060
witnessing, impoundment, citation 7.04.140
Horses on sidewalks 7.04.120
Assault See Criminal code
Howling, barking 7.04.050
Impounding
— B —
authority
Bicycles See under Parking
appointed 7.08.010
Billboards, handbills
designated special police 7.08.030
See also Signs
duties 7.08.020
Definitions
disposition
business or occupation of outdoor advertising
domestic turned wild 7.08.090
5.52.010
sick, injured 7.08.100
outdoor advertising structure or billboard 5.52.010
interference 7.08.040
Erection on private property 5.52.040
notice 7.08.050
Handbill distribution
redemption
bond 5.52.110
domestic 7.08.060
license required 5.52.090
livestock 7.08.070
rates 5.52.120
sale of unclaimed 7.08.080
License
unlicensed 7.12.070
application, issuance 5.52.020
Injured, diseased 7.04.090
fee
Licenses
billboards 5.52.080
cat 7.12.015
handbills 5.52.100
dog 7.12.010
Matter hanging from 5.52.050
due date 7.12.030
Name of owner displayed 5.52.060
fee 7.12.020
Obscene material prohibited 5.52.070
issuance 7.12.040
Permit application, fee 5.52.030
proof 7.12.080
Boarding kennels See Pet shops, animal shelters,
transferability 7.12.050
boarding kennels under Animals
Livetock keeping 7.04.080
Boating provisions
Lost tags 7.12.060
Notice of infraction
Number restrictions 7.12.090
failure to respond, appear 10.88.020
Pet shops, animal shelters, boarding kennels
refusal to sign 10.88.030
facility requirements 7.16.090
Statutes adopted by reference 10.88.010
inspections 7.16.100
Bonds
license
Cable TV franchise 5.72.090
additional fees 7.16.040
City officers 2.36.010
application 7.16.060
Handbills 5.52.110
(Revised 6/99) Index-2
Port Orchard Municipal Code
City council
Streets and sidewalks excavation 12.04.130,
— C —
12.04.180
Subdivisions 16.04.220
Cable TV franchise
Bonds, obligations registration
Bond 5.72.090
Definitions
Conformance to construction regulations 5.72.040
bond, bonds 3.84.010
Fees, authority to charge 5.72.070
city 3.84.010
Filing, acceptance 5.72.120
fiscal agencies 3.84.010
Insurance 5.72.080
obligation, obligations 3.84.010
Liability 5.72.060
registrar 3.84.010
License
Findings 3.84.020
fee 5.72.110
Registrar appointment, duties 3.84.030
forfeiture 5.72.150
Statement of transfer restrictions 3.84.040
Licensee
System adopted 3.84.030
duties 5.72.020
Building code
use of poles by city 5.72.030
See also Buildings
Publication expenses 5.72.130
Adopted, amendments 15.04.010
Rights, privileges 5.72.010
Building security code amended 15.04.020
Safety, maintenance 5.72.140
Buildings
Street restoration 5.72.050
See also Building code
Term, effective period 5.72.100
Height restrictions, conflicts with zoning code
Circuses, carnivals
15.04.030
Definitions
Numbers
carnival 5.32.020
display, owner duty 15.24.010
circus 5.32.030
placement 15.24.020
Exercise of power 5.32.090
violation, penalty 15.24.030
License
Burning See Garbage, refuse
application, content 5.32.060
Business and occupation tax
fee
Imposed, rate, payment 5.84.010
040
circus
Business licenses
5 2.0
circus 5.32.050
Application 5.12.080
granting, denial 5.32.080
Approval, denial 5.12.110
required 5.32.010
Businesses located outside of city 5.12.100
Policing required 5.32.070
Definitions
Violation, penalty 5.32.100
business 5.12.010
City attorney
city license officer 5.12.010
Appointment, removal 2.08.010
licensee 5.12.010
Compensation 2.08.030
minor 5.12.010
Duties 2.08.020
nonprofit organization 5.12.010
City clerk
person 5.12.010
Appointment, removal 2.08.010
premises 5.12.010
Auditing officer designated 2.44.010
Display, transferability 5.12.040
City council
Exemptions 5.12.030
Meetings
Inspections, right of entry 5.12.140
adjournment motion 2.04.180
Issuance, notice 5.12.150
attendance by city employees 2.04.210
Liability, disclaimer 5.12.050
failure to attend, fine 2.04.090
Prohibited use 5.12.060
journal of proceedings 2.04.120
Qualifications 5.12.070
mayor, clerk duties 2.04.050
Renewal 5.12.090
motions
Required 5.12.020
in writing 2.04.100
Severability 5.12.130
laying matter on table 2.04.150
Suspension, revocation 5.12.120
reconsidering 2.04.110
Violation, penalty
nonmember addressing council 2.04.080
additional relief 5.12.180
order of business 2.04.060
civil 5.12.160
order of procedure 2.04.020
criminal 5.12.170
presentation of subjects 2.04.070
Index-3 (Revised 6/99)
City employees
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 temporary employee 2.28.010
part-time employee 2.28.010
Holiday leave 2.28.050
Leave without pay 2.28.100
Mileage allowance 2.48.010
Military leave 2.28.090
Overtime 2.28.060
Retirement system 2.32.010
Sick leave 2.28.030
Unauthorized absence 2.28.110
Vacation leave 2.28.040
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
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
(Revised 6/99) Index-4
Port Orchard Municipal Code
Criminal code
Definitions
affected employee 10.86.020
affected employer 10.86.020
alternative 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
good faith effort 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 -occupant vehicle (SOV) 10.86.020
single worksite 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
worker/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
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
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
Bus misconduct 9.24.070
Controlled substances
definitions, statutes adopted by reference 9.14.010
drug related loitering 9.14.080
possession
drug paraphernalia, statutes adopted by
reference 9.14.030
marijuana 9.14.020
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
Index-5 (Revised 6/99)
Cumulative reserve funds
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
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
(Revised 6/99) Index-6
Port Orchard Municipal Code
Fees
Water -sewer capital outlay, debt service and
maintenance and operation
created 3.36.010
purpose 3.36.020
—D—
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
Sm
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
Council
composition 2.56.060
established 2.56.040
management, control 2.56.050
meetings, quorum, rules, election 2.56.070
County duties 2.56.170
Declaration of emergency 2.56.130
Definitions
cities 2.56.010
council 2.56.010
county 2.56.010
director 2.56.010
disaster 2.56.010
emergency 2.56.010
emergency organization 2.56.010
emergency services 2.56.010
search and rescue 2.56.010
Director
appointment 2.56.080
powers, duties 2.56.090
Fund established 2.56.120
Funding 2.56.110
Liability 2.56.150
Organization
duties 2.56.030
established 2.56.020
Violation, penalty 2.56.180
Worker's compensation 2.56.140
Energy code
See also Building code
Minimum requirements 15.44.010
Erotic material See Criminal code
Explosives See Weapons, explosives
—F—
False alarms See Alarm systems
Fees
Animal
licenses 7.12.020
shelters 7.16.030
Billboards 5.52.080
Boarding kennels 7.16.030
Building code 15.04.010
Cable TV franchise 5.72.070, 5.72.110
Index-7 (Revised 6/99)
Fire authority
Carnivals 5.32.040
Permits for new materials, processes, occupancies
Circuses 5.32.050
15.12.110
Concurrency management system 13.08.060
Schedule of bails 15.12.130
Dances 5.20.030
Smoke detection devices 15.12.140
Fireworks 5.60.010
Variances, modifications 15.12.060
Grooming parlors 7.26.030
Violations 15.12.080
Handbills 5.52.100
Fire department See Fire authority
Hawkers 5.44.050
Fire hydrants
Hobby kennels 7.20.040
Applicability 15.28.010
Jukeboxes 5.24.020
Definitions
Land classification 5.88.010
AWWA 15.28.020
Mobile homes 15.36.030
fire authority 15.28.020
Parking
flush hydrant 15.28.020
generally 10.12.440
LID 15.28.020
vehicle immobilization 10.76.070
standard specifications 15.28.020
Pawnbrokers 5.40.020
UBC 15.28.020
Peddlers 5.44.040
UFC 15.28.020
Pet shops 7.16.030
water authority 15.28.020
Police reserve officers 2.18.020
Exemptions 15.28.130
Public amusements, shows 5.20.020
Installation
SEPA 14.04.040
plans 15.28.030
Sewer 13.04.040
prohibited types 15.28.120
Signs 15.16.070
timing 15.28.040
Streets and sidewalks excavations 12.04.140
Interpretation, purpose, conflict 15.28.140
Subdivisions 16.04.160
Location 15.28.060
Taxicabs 5.56.060, 5.56.130
Number required 15.28.050
Temporary vendors 5.96.040
Obstructions 15.28.100
Water 13.04.030
Protection 15.28.110
Fire authority
Requirements 15.28.090
Appointment 2.12.020
Specifications 15.28.070
Duties, responsibilities 2.12.030
Violation, penalty 15.28.150
Established 2.12.010
Water mains 15.28.080
Expense reimbursement for volunteer firemen
Fire lanes
2.12.040
Definitions
Fire chief
fire lane 10.60.010
See also Fire authority
park 10.60.010
Appointment, removal 2.08.010
parking 10.60.010
Fire code
standing 10.60.010
See also Building code; Fire department
stop 10.60.010
Adopted 15.12.010
vehicle 10.60.010
Appeals 15.12.070
Driveways, public thoroughfares 10.60.040
Brush, refuse burning permit 15.12.050
Enforcement 10.60.060
Bureau of fire prevention established, duties
Existing buildings 10.60.050
15.12.100
Location, construction, identification 10.60.020
Complaint/citation system 15.12.120
Parking prohibited 10.60.030
Conflict of provisions 15.12.090
Violation, penalty 10.60.070
Definitions
Firearms See Weapons, explosives
bureau of fire prevention 15.12.030
Fireworks
chief of the bureau of fire prevention 15.12.030
Enforcement 5.60.080
corporation counsel 15.12.030
Exploding legal when 5.60.050
inspector of the fire department 15.12.030
License
municipality 15.12.030
issuance, conditions 5.60.020
police department 15.12.030
required, fee 5.60.010
Enforcement 15.12.020
transferability, number limited 5.60.040
Flammable materials storage 15.12.040
Provisions supplemental to state law 5.60.060
Temporary stands 5.60.030
(Revised 6/99) Index-8
Port Orchard Municipal Code
Garbage, refuse
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
Failure
to make return 5.28.120
to pay 5.28.080
Filing declaration to conduct gambling activity
5.28.090
Levied, rates 5.28.030
Payment
date due 5.28.050
method 5.28.070
over, under 5.28.110
Records 5.28.100
Title 5.28.010
Violation, penalty 5.28.140
Garbage utility business and occupation tax
Levied 5.78.010
Payment 5.78.020
Garbage, refuse
See also Littering
Appeals 6.04.070
Burning, dumping See Rubbish
Charges, lien 6.04.060
Collection
contractor responsibilities 6.04.030
exclusive contract 6.04.020
franchise granted 5.76.010
property owner responsibilities 6.04.040
required 6.04.010
Recycling 6.04.050
Rubbish
prohibited 6.04.090
vegetation on private property 6.04.100
violations
penalties 6.04.120
refusal to remove 6.04.110
Violation, penalty 6.04.080
Index-9 (Revised 6/99)
Hazardous materials
— H —
Junk dealers
See also Pawnbrokers
Handbills See Billboards, handbills; Littering
Inspection of premises 5.36.050
Harassment See Criminal code
Junk defined 5.36.010
Hawkers See Peddlers, hawkers
Liability 5.36.060
Hazardous materials
License revocation 5.36.070
Emergency assistance agreements
Purchases
allowable costs 2.14.030
from minors 5.36.030
authorized 2.14.020
holding period 5.36.040
terms, conditions 2.14.040
Recordkeeping 5.36.020
verbal agreements, notice 2.14.050
Junk vehicles See under Vehicles
Facility warning system
Juveniles See Minors
enforcement 15.48.060
lock boxes
— K —
changes, updates to contents 15.48.050
contents 15.48.040
Kennels See under Animals
required 15.48.010
— L —
security 15.48.030
specifications, location 15.48.020
Land classification filing fees
violation, penalty 15.48.070
Designated 5.88.010
Incident command agency 2.14.010
Leasehold excise tax
Health district
Administration 3.16.030
Board of health
Contract with state 3.16.060
composition 2.70.060
Exemption 3.16.040
established 2.70.040
Inspection of records 3.16.050
management, control 2.70.050
Levied 3.16.010
meetings, quorum, rules, election 2.70.070
Rate 3.16.020
Budget 2.70.100
Lewd conduct See Criminal code
Definitions
Library
board of health 2.70.010
Board of trustees
cities 2.70.010
appointment 2.26.020
county 2.70.010
election of officers 2.26.030
health district 2.70.010
Established 2.26.010
health officer 2.70.010
Service from regional library 2.26.040
Fund established 2.70.120
Licenses
Funding 2.70.110
See also Business licenses
Health officer
Animals
designated 2.70.080
boarding kennels 7.16.010
powers, duties 2.70.090
cats 7.12.015
Powers, duties 2.70.030
dogs 7.12.010
Separate entity 2.70.020
grooming parlors 7.26.010
Hobby kennels See under Animals
hobby kennels 7.20.010
Hotel tax See Transient occupancy tax
pet shops 7.16.010
Hydrants See Fire hydrants
shelters 7.16.010
Circuses, carnivals 5.32.010
— J —
Dances 5.20.010
Jail See Detention, incarceration
Electrical light business and occupation tax 5.04.030
Judge See under Municipal court
Fireworks 5.60.010
Jukeboxes
Handbills 5.52.090
Control of machines 5.24.030
Jukeboxes 5.24.020
Definitions
Peddlers, hawkers 5.44.030
location 5.24.010
Public amusements, shows 5.20.010
music box 5.24.010
Sound amplifying equipment, loudspeakers 5.48.020
operator 5.24.010
Taxicabs
License required, fee 5.24.020
driver 5.56.080
vehicle 5.56.020
(Revised 6/99) Index-10
Port Orchard Municipal Code
Mobile homes
Temporary vendors 5.96.020
Light franchise
Amendments 5.64.110
Compliance, default 5.64.070
Definitions
city 5.64.010
facilities 5.64.010
franchise area 5.64.010
Puget 5.64.010
Facilities
maintenance, excavations 5.64.030
relocation 5.64.040
Indemnification 5.64.050
Interpretation of section headings 5.64.140
Moving buildings 5.64.060
Nonexclusivity 5.64.080
Rights, privileges
assignment 5.64.100
granted 5.64.020
Suits, attorney's fees 5.64.130
Tariffs 5.64.120
Term, effective period 5.64.090
Validity 5.64.150
Littering
See also Garbage, refuse
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
Lodging tax See Transient occupancy tax
—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
Index-10.1 (Revised 6/99)
This page left intentionally blank.
(Revised 6/99) Index-10.2
Port Orchard Municipal Code
Signs
Billboards, handbills 5.52.030
Brush, refuse burning 15.12.050
Fire code 15.12.110
Flood damage prevention development 15.38.120
Handicapped parking 10.12.110
Mobile home parks 17.04.040
Mobile homes 15.36.030
RV parks 10.96.010
Sidewalk repair 12.12.030, 12.12.040
Signs 15.16.040
Stormwater management 15.32.030
Streets and sidewalks excavations 12.04.010
Personnel See City employees; City officers
Pet shops See Pet shops, animal shelters, boarding
kennels under Animals
Planning commission
Created 2.20.010
Meetings, records 2.20.050
Plats submittal 2.20.040
Powers, duties 2.20.020
Quorum 2.20.070
Recommendations to council 2.20.030
Reports to council 2.20.080
Plumbing code
See also Building code
Adopted 15.08.010
Violation, penalty 15.08.020
Police department
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
Abandoned 15.16.100
Appeals 15.16.260
Billboards
See also Billboards, handbills
standards 15.16.200
Community facilities district 15.16.210
Comprehensive design plans 15.16.230
Definitions
abandoned sign 15.16.010
awning sign 15.16.010
billboard 15.16.010
building official 15.16.010
clearance of a sign 15.16.010
comprehensive design plan 15.16.010
directional sign 15.16.010
electrical sign 15.16.010
entry way sign 15.16.010
facade 15.16.010
flashing sign 15.16.010
freestanding sign 15.16.010
ground sign 15.16.010
incidental sign 15.16.010
indirect lighting 15.16.010
Index-13
(Revised 6/99)
Smoking in city workplaces
marquee 15.16.010
Prohibited 9.44.020
monument sign 15.16.010
Violation, penalty 9.44.050
multiple occupancy complex 15.16.010
Snow routes See under Streets and sidewalks
murals 15.16.010
Sound amplifying equipment, loudspeakers
off -premises sign 15.16.010
License required 5.48.020
pole sign 15.16.010
On streets 5.48.010
political sign 15.16.010
Time restrictions 5.48.030
portable sign 15.16.010
Special initiative procedure
projecting sign 15.16.010
Applicability 5.81.120
reader board 15.16.010
Ballots 5.81.090
real estate sign 15.16.010
Election procedure 5.81.070
roof sign 15.16.010
Notation by clerk 5.81.110
sign 15.16.010
Ordinances
sign area 15.16.010
effective date 5.81.100
sign height 15.16.010
publication 5.81.080
temporary or special event sign 15.16.010
subject to 5.81.010
video billboards 15.16.010
Petition
wall sign 15.16.010
filing, city action 5.81.020
Design, construction specifications 15.16.130
repealing existing ordinance 5.81.030
Enforcement procedures 15.16.250
signatures
Entry way 15.16.190
insufficient 5.81.050
Exemptions 15.16.030
requirements 5.81.040
Height 15.16.120
Taxpayer's right of action 5.81.060
Illumination 15.16.110
Special investigative unit fund
Maintenance 15.16.090
Authorization of expenditures 3.72.050
Mixed use, commercial, employment districts
Created 3.72.010
15.16.210
Disbursements 3.72.040
Mobile/manufactured home parks 15.16.210
Placement of moneys 3.72.020
Nonconforming 15.16.220
Purpose 3.72.030
On -premises requirements 15.16.140
Special investigative unit imprest fund
Permit
Balance maintenance 3.76.020
applications 15.16.060
City purposes only 3.76.030
exemptions 15.16.050
Created 3.76.010
fees 15.16.070
Speed limits
issuance, inspection 15.16.080
Decrease 10.08.010
required 15.16.040
Increase 10.08.020
Political 15.16.160
Stalking See Statutes adopted by reference under
Portable 15.16.170
Criminal code
Prohibited 15.16.020
State Environmental Policy Act (SEPA)
Real estate 15.16.150
See also Flood damage prevention
Residential districts 15.16.210
Additional timing considerations 14.04.060
Temporary, special event 15.16.180
Appeals 14.04.140
Variances 15.16.240
Authority 14.04.010
Violation, penalties 15.16.270
Categorical exemptions 14.04.070
Skateboards See under Vehicles
Comments, consulted agency responsibilities
Smoking in city workplaces
14.04.120
Defacing signs 9.44.040
Environmental checklist 14.04.080
Definitions
Fees 14.04.150
city personnel 9.44.010
Lead agency determination, responsibilities 14.04.040
city workplace 9.44.010
Mitigated DNS 14.04.090
public business 9.44.010
Preparation of EIS 14.04.100
smoke or smoking 9.44.010
Public notice 14.04.110
Fines 9.44.050
Responsible official designated 14.04.030
Liberal construction 9.44.070
Statutes adopted by reference 14.04.020
Limitations of actions 9.44.060
Substantive authority 14.04.130
Notice, supervisor duties 9.44.030
Time limits 14.04.050
(Revised 6/99) Index-14
Port Orchard Municipal Code
Streets and sidewalks
Stormwater management
retention facilities 15.32.020
See also Flood damage prevention; Water
SEPA 15.32.020
Bonds See Site stabilization
shorelines of the state 15.32.020
Control methods 15.32.070
site development activity 15.32.020
Critical drainage areas 15.32.090
soils engineer 15.32.020
Definitions
soils investigation report 15.32.020
accepted performance of construction 15.32.020
source control BMP 15.32.020
applicant 15.32.020
stormwater 15.32.020
basin plan 15.32.020
stormwater facility 15.32.020
best management practices (BMPs) 15.32.020
stormwater quality control 15.32.020
biofiltration/biofilter facilities 15.32.020
stormwater quantity control 15.32.020
bond 15.32.020
technical deviation 15.32.020
city 15.32.020
variance 15.32.020
civil engineer 15.32.020
water quality design storm event 15.32.020
clearing or land clearing 15.32.020
wetland 15.32.020
closed depressions 15.32.020
Enforcement 15.32.110
comprehensive drainage plan 15.32.020
Erosion, sediment control 15.32.050
contiguous land 15.32.020
Facility operation, maintenance 15.32.080
critical drainage area 15.32.020
General provisions 15.32.010
design storm event 15.32.020
Grading 15.32.060
detention facilities 15.32.020
Permits 15.32.030
developed site 15.32.020
Site stabilization 15.32.040
director 15.32.020
Water quality 15.32.100
diversion 15.32.020
Streets and sidewalks
drainage feature 15.32.020
Excavations
drainage plan 15.32.020
bond 12.04.130, 12.04.180
easement 15.32.020
disposal of materials 12.04.060
erosion control design storm 15.32.020
gas service line installation, maintenance 12.04.120
existing stormwater facilities 15.32.020
inspection 12.04.140
forested land 15.32.020
notice of completion 12.04.170
geotechnical engineer 15.32.020
permit
geotechnical report 15.32.020
application 12.04.030
grading 15.32.020
compliance, conditions 12.04.020
grubbing 15.32.020
contents 12.04.040
hydrograph 15.32.020
fee 12.04.140
hydrograph method 15.32.020
filing 12.04.170
illicit discharge 15.32.020
required 12.04.010
impervious surface 15.32.020
public works contract exemption 12.04.160
land -disturbing activity 15.32.020
safety devices, barriers 12.04.190
land use permits and approvals 15.32.020
site restoration
maintenance 15.32.020
failure 12.04.100
maintenance covenant 15.32.020
required 12.04.080
maintenance schedule 15.32.020
supervision 12.04.050
major development 15.32.020
trench length 12.04.070
manual 15.32.020
tunneling 12.04.150
minor development 15.32.020
vehicular, pedestrian passage 12.04.090
nonforestry use 15.32.020
work guarantee 12.04.110
off -site drainage analysis 15.32.020
Highway access, statutes adopted by reference
oil/water separator 15.32.020
RCW 10.16.010
operation and maintenance manual 15.32.020
WAC 10.16.020
owner 15.32.020
Sidewalk maintenance, repair
pollution 15.32.020
abatement
predevelopment conditions 15.32.020
by city 12.12.080
professional engineer 15.32.020
by owner, responsible person 12.12.070
project engineer 15.32.020
notice, violation 12.12.060
redevelopment 15.32.020
summarily, without notice 12.12.100
Index-15 (Revised 6/99)
Subdivisions
abutting owner responsible 12.12.030
hearing
appeal 12.12.090
city council 16.04.200
damage, injury, liability 12.12.050
planning commission 16.04.180
defective conditions 12.12.020
property owners list 16.04.150
definitions
Purpose 16.04.010
abate 12.12.010
Regulations adopted 16.04.050
enforcement officer 12.12.010
Short subdivision
premises 12.12.010
application 16.04.100
responsible person 12.12.010
filing 16.04.120
permit required 12.12.030, 12.12.040
recording, filing 16.04.110
relocation 12.12.040
resubdivision requirements 16.04.130
violation, penalty 12.12.110
Time limits 16.04.240
Snow route
Vacating right-of-way 16.04.250
established 10.66.010
Violation, penalty 16.04.260
impounding vehicles 10.66.030
Surface water runoff See Stormwater management
signs posted 10.66.020
violation, misdemeanor 10.66.040
— T —
Vacations
Tax See Specific Tax
compensation to city 12.08.010
Taxicabs
easements 12.08.020
See also Parking; Vehicles
Subdivisions
Carrying additional passengers 5.56.260
See also Zoning
Driver furnishing receipt on demand 5.56.250
Administration 16.04.090
Driver's license
Applicability, jurisdiction 16.04.020
evidence of fitness 5.56.090
Application for approval 16.04.060
fee, transferability 5.56.130
Concomitant agreement 16.04.080
fingerprints, photographs 5.56.100
Conflicting provisions 16.04.030
issuance 5.56.110
Definitions
records 5.56.140
alley 16.04.040
renewal 5.56.120
city 16.04.040
required, qualifications 5.56.080
city council 16.04.040
Fare disputes 5.56.270
Comprehensive Plan 16.04.040
License
cul-de-sac 16.04.040
revocation, suspension 5.56.290
dedication 16.04.040
right of revocation, refund of fee 5.56.300
final plat 16.04.040
Overcharging 5.56.280
lot 16.04.040
Rates
planning commission 16.04.040
determination by mileage 5.56.160
plat 16.04.040
hourly 5.56.240
preliminary plat 16.04.040
maximum, waiting time, return charges 5.56.230
property owner 16.04.040
Right to demand advance payment 5.56.260
road 16.04.040
Supervisory duties of officials 5.56.010
short plat 16.04.040
Vehicle
short subdivision 16.04.040
license
street 16.04.040
card 5.56.040
subdivision 16.04.040
fee 5.56.060
Exemptions 16.04.070
required, application 5.56.020
Final plat
maintenance, inspection 5.56.070
application 16.04.210
mechanical requirements 5.56.030
approval, recording 16.04.230
name of owner displayed 5.56.050
bond 16.04.220
Telephone business and occupation tax
submittal, signing 16.04.220
Aerial cables 5.08.130
Preliminary plat
Authority 5.08.010
application 16.04.140
Credits 5.08.080
file number 16.04.170
Date due 5.08.050
filing fee 16.04.160
Deductions 5.08.040
final action 16.04.190
Failure to pay, penalty 5.08.070
(Revised 6/99) Index-16
Port Orchard Municipal Code
Utilities
Levied 5.08.030
License application, issuance 5.08.020
Noncompliance, penalty 5.08.150
Records 5.08.060
Rules, regulations 5.08.160
Streets
excavations 5.08.100
improvements, moving apparatus 5.08.140
restoration 5.08.110
Tree trimming 5.08.120
Validity 5.08.170
Wiring regulations 5.08.090
Temporary vendors
See also Peddlers, hawkers
Definitions
master event 5.96.010
master event license 5.96.010
master event license sponsor 5.96.010
nonprofit organization 5.96.010
public property 5.96.010
public property vending 5.96.010
vending device 5.96.010
vending site 5.96.010
vendor 5.96.010
Exemptions 5.96.030
Insurance 5.96.060
License
required 5.96.020
requirements, duration, fees, renewal 5.96.040
revocation 5.96.050
Violation, penalty 5.96.070
Theft See Statutes adopted by reference under Criminal
code
Traffic
See also Parking; Vehicles
Code 11.04.070
Enforcement person
duties 10.12.040
position established 10.12.030
Infractions
disposition 10.12.290
notice 10.12.300
response, contesting, hearing 10.12.310
Violations bureau
additional duties 10.80.090
bail
authority 10.80.030
forfeiture, consequences 10.80.040
payments accepted 10.80.020
citations 10.80.070
created 10.80.010
duties 10.80.060
records, reports 10.80.080
violator appearance before 10.80.050
Transient occupancy excise tax
Administration, collection 3.18.030
Imposed 3.18.010
Rate 3.18.020
Trash See Garbage, refuse
Treasurer's trust and agency fund
Collection, distribution of moneys 3.12.020
Created 3.12.010
Trees, shrubs
Hearing 6.12.040
Lien 6.12.060
Removal
cost 6.12.050
notice
required 6.12.020
service 6.12.030
overhanging, obstructing 6.12.010
Violation, penalty 6.12.070
—U—
Utilities
See also Sewer; Water
Concurrency management system
certificate of concurrency
application 13.08.040
issuance, duration 13.08.050
Index-16.1 (Revised 6/99)
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(Revised 6/99) Index-16.2