1999_12 Supplement 5SUPPLEMENT DIRECTIONS
Updated by:
PORT ORCHARD MUNICIPAL CODE
Dated:
Supplement No. 5 — December 1999
Covering Ordinances through 1776
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 1776, passed November 8,
1999.
Remove these pages Insert these pages
Table of Revised Pages
1 in .................................................................. 1 — 111
Title 2
1............................................................................... 1
21 — 22........................................................ 21 — 22.2
Title 5
5 — 10............................................................... 5 — 10
Title 9
25 — 26........................................................... 25 — 26
31-32........................................................... 31-32
Title 10
Title 13
Title 14
Title 15
Tables
1920........................................................... 19-20
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3 7................................................................. 3 13
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13 14........................................................ 13 — 14.2
B-11
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—B-12
B-17—B-18
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B-23
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(Revised 12/99)
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Index
3-4 ................................................................... 3-4
7 8................................................................... 7 8
10.1 — 16.2.................................................. 11 — 16.2
Please call Code Publishing Company (206-527-6831) should questions
arise while removing and replacing supplement pages.
(Revised 12/99)
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 1776, passed November 8, 1999.
Page Revised Date Page Revised Date
Table of Contents ................................................... -
Preface.................................................................... -
Title 1
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Title 2
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Table of Revised Pages
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Port Orchard Municipal Code Table of Revised Pages
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Title 16
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Title 17
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Street Vacation Table
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Ordinance Table
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Index
Index Preface.......................................................... -
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111 (Revised 12/99)
Title 2
ADMINISTRATION AND PERSONNEL*
Chapters:
2.04 Council Meetings
2.08 Appointive Officers
2.12 Fire Authority
2.14 Hazardous Materials Emergency Assistance Agreements
2.16 Police Department
2.18 Enrollment of Police Reserve Officers
2.20 Planning Commission
2.24 Park Commission
2.26 Library
2.28 Vacations and Leaves of Absence
2.30 Civil Service Commission
2.32 Employees' Retirement System
2.36 Surety Bonds
2.40 Affirmative Action Program
2.44 City Clerk
2.48 City Employees
2.50 City Office Hours
2.52 Municipal Court
2.56 County -City Emergency Services Program
2.60 Compensation for City Council Members
2.64 Code Enforcement Officer
2.68 Animal Control Appeal Board
2.70 Health District
* Statutes relating to second-class cities, see Chapter 35.23 RCW.
2-1 (Revised 12/99)
Port Orchard Municipal Code
2.44.010
working days after the panel has been selected. The
panel will have 20 working days after the comple-
tion of testimony to make its findings and recom-
mendations unless a longer time is agreed upon by
both parties and the panel.
(c) If the conciliation panel agrees upon a
solution satisfactory to both parties, the terms of
the settlement shall be incorporated into a concili-
ation agreement as the basis for settling the prob-
lems. Copies of this shall be sent to the aggrieved
person, the respondent and the affirmative action
officer, and shall be signed by each.
(4) Reports on Complaint Efforts. When the
affirmative action officer has completed his or her
work to resolve the problem, he or she shall pre-
pare a findings of fact and conciliation agreement
to be signed by both parties and a copy to remain in
his or her files. The report of the conciliation panel,
if one is convened, shall also become part of the
file maintained by the affirmative action officer.
These files shall be provided by the affirmative
action officer to the investigator if the problem is
filed as a formal complaint with any other agency,
or to the city attorney's office upon request. (Ord.
952, 1975).
Chapter 2.44
CITY CLERK
Sections:
2.44.010 Deputy designated as auditing officer.
2.44.010 Deputy designated as auditing
officer.
The deputy city clerk is designated as auditing
officer for the city as required by Chapter 42.24
RCW. (Ord. 1489 § 2, 1990).
2-21 (Revised 12/99)
2.48.010
Chapter 2.48
CITY EMPLOYEES
Sections:
2.48.010 Mileage allowance.
2.48.010 Mileage allowance.
Effective November 1, 1996, the mileage allow-
ance for employees who use their personal vehicle
for approved city business purposes will receive a
mileage allowance equal to the Internal Revenue
Service optional mileage allowance. (Ord. 1664 §
2, 1996).
Chapter 2.50
CITY OFFICE HOURS
Sections:
2.50.010 Established.
2.50.010 Established.
Business hours for Port Orchard City Hall shall
be 8:00 a.m. through 4:30 p.m. Monday through
Friday of each week, except for recognized holi-
days. The business office of each department
whose office is located within City Hall shall be
open to the public during these established busi-
ness hours. (Ord. 1764, 1999).
(Revised 12/99) 2-22
Port Orchard Municipal Code
2.52.030
Chapter 2.52
MUNICIPAL COURT
Sections:
2.52.010
Established.
2.52.020
Judge.
2.52.030
Repealed.
2.52.010 Established.
There is established a municipal court for the
city pursuant to Chapter 3.50 RCW, to be desig-
nated in this chapter the municipal court of Port
Orchard. (Ord. 1184 § 2, 1981).
2.52.020 Judge.
The judge of the municipal court of Port
Orchard shall be designated as municipal judge,
and shall be appointed by the mayor. (Ord. 1184 §
3, 1981).
2.52.030 Court days.
Repealed by Ord. 1765. (Ord. 1573 § 1, 1993).
2-22.1
(Revised 12/99)
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(Revised 12/99) 2-22.2
Port Orchard Municipal Code
5.04.170
the return and may issue a subpoena to the taxpayer
or any other person, to attend upon such investiga-
tion and there testify under oath administered by
the treasurer or his agent, in regard to the matters
inquired into and may, by subpoena, require him or
any person to bring with him such books, records
and papers as may be necessary. (Ord. 705 § 11,
1962).
5.04.120 Over or under payment of tax.
If the city treasurer upon investigation or upon
checking returns finds that the fee or tax paid on
any of them is more than the amount required of the
taxpayer, he shall refund the amount overpaid by a
check upon the general fund. If the city treasurer
finds that the fee or tax paid is less than required,
he shall send a statement to the taxpayer showing
the balance due, who shall within 30 days pay the
amount shown thereon. (Ord. 705 § 12, 1962).
5.04.130 Failure to pay tax — Liability.
If any taxpayer fails to apply for license, or to
make his return or to pay the fee or tax or any part
thereof within 30 days after the tax is due, the city
treasurer shall ascertain the amount of the fee or tax
or installment due and shall notify the taxpayer
who shall be liable therefor in any suit or action by
the city for the collection of the tax. The city trea-
surer shall also notify the city attorney in writing of
the name of the delinquent taxpayer and the
amount due from him and the city attorney shall,
with the assistance of the city treasurer, collect the
same by any appropriate means or by suit or action
in the name of the city. (Ord. 705 § 13, 1962).
5.04.140 Appeals to city council.
(1) Any taxpayer aggrieved by the amount of
the fee or tax found by the city treasurer to be
required under the provisions of this chapter, may
appeal to the city council from such finding by fil-
ing a written notice of appeal with the city clerk
within 30 days from the time the taxpayer was
given notice of the amount. The clerk shall, as soon
as practicable, fix a time and place for the hearing
of the appeal, which time shall be not more than 10
days after the filing of the notice of appeal, and he
shall cause a notice of the time and place thereof to
be delivered or mailed to the appellant. At such
hearing the taxpayer shall be entitled to be heard
and to introduce evidence in his own behalf. The
city council shall thereupon ascertain the correct
amount of the fee or tax by resolution and the city
clerk shall immediately notify the appellant. The
amount of the tax, together with costs of the appeal
if appellant is unsuccessful therein, must be paid
within 30 days after such notice is given.
(2) The mayor may, by subpoena, require the
attendance of any person at the hearing of the
appeal and may also require him to produce any
pertinent books and records. Any person served
with such subpoena shall appear at the time and
place stated therein and produce the books and
records required, if any, and shall testify truthfully
under oath administered by the mayor as to any
matter required of him pertinent to the appeal, and
it shall be unlawful for him to fail or refuse to do
so. (Ord. 705 § 14, 1962).
5.04.150 Treasurer to make rules.
The city treasurer shall have the power and it
shall be his duty, from time to time, to adopt, pub-
lish and enforce rules and regulations not inconsis-
tent with this chapter or with law for the purpose of
carrying out the provisions thereof. It shall be
unlawful to violate or fail to comply with any such
rule or regulation. (Ord. 705 § 15, 1962).
5.04.160 Licenses posted — Nontransferable.
(1) All licenses issued pursuant to the provi-
sions of this chapter shall be kept posted by the lic-
ensee in a conspicuous place in his principal place
of business in the city.
(2) No persons to whom a license has been
issued pursuant to this chapter shall allow any
other person chargeable with a separate license to
operate under or display his license, nor shall such
other person operate under or display such license.
(Ord. 705 § 16, 1962).
5.04.170 False returns, etc.
It shall be unlawful for any person liable to tax
hereunder to fail or refuse to make application or
return for a license or to pay the fee or tax or install-
ment when due, or for any person to make any false
or fraudulent application or return or any false
statement of representation in, or in connection
with, any such application or return. It shall be
unlawful for any person to aid or abet another in
any attempt to evade payment of the fee or tax, or
any part thereof, or for any person to fail to appear
and/or testify in response to subpoena issued pur-
suant hereto, or to testify falsely upon any investi-
5-5 (Revised 12/99)
5.08.010
gation of the correctness of a return, or upon the
hearing of any appeal, or in any manner to hinder
or delay the city or any of its officers in carrying
out the provisions of this chapter. (Ord. 705 § 17,
1962).
Chapter 5.08
TELEPHONE BUSINESS AND
OCCUPATION TAX
Sections:
5.08.010
Power of city.
5.08.020
Application and issuance of license.
5.08.030
Levy of tax.
5.08.035
Definitions.
5.08.040
Deductions.
5.08.050
Payment periods.
5.08.060
Records kept.
5.08.070
Failure to pay utility tax — Penalty.
5.08.080
Credits to taxpayer.
5.08.090
Wiring regulations.
5.08.100
Excavations on streets.
5.08.110
Restoration of streets.
5.08.120
Tree trimming.
5.08.130
Rearrangement of aerial cables.
5.08.140
Street improvements — Moving
telephone apparatus.
5.08.150
Noncompliance — Penalty.
5.08.160
Power of clerk to make rules and
regulations.
5.08.170
Validity.
5.08.010 Power of city.
The provisions of this chapter shall be deemed
to be an exercise of the power of the city to license
for revenue. (Ord. 1769 § 1, 1999).
5.08.020 Application and issuance of license.
No person, firm or corporation shall engage in
or carry on any business, occupation, act or privi-
lege for which a tax is imposed by POMC 5.08.030
without first having obtained, and being the holder
of, a license as established in Chapter 5.12 POMC.
Each such person, firm or corporation shall
promptly apply to the city treasurer for such license
upon such forms as the treasurer shall prescribe.
(Ord. 1769 § 2, 1999).
5.08.030 Levy of tax.
There is levied upon, and there shall be collected
from, every person, firm or corporation engaged in
carrying on the following business for hire or for
sale of a commodity or a service within or partly
within the corporate limits of the city, the tax for
the privilege of so doing business as hereinafter
defined:
(Revised 12/99) 5-6
Port Orchard Municipal Code
5.08.060
Upon any telephone business there shall be lev-
ied a utility tax equal to six percent of the total
gross operating revenues, including revenues from
intrastate toll, derived from the operation of such
business within the city. Gross operating revenues
shall not include charges which are passed on to
subscribers by a telephone company pursuant to
tariffs required by regulatory order to compensate
for the cost to the company of the tax imposed by
this chapter. (Ord. 1769 § 3, 1999).
5.08.035 Definitions.
The words and phrases used in this chapter,
unless the context otherwise indicates, shall have
the following meanings:
(1) "Telephone business" means the business of
providing access to a local telephone network,
local telephone network switching service, toll ser-
vice, coin telephone services, telephonic, video,
data, pagers, or similar communication or trans-
mission for hire, via a local telephone network, toll
line or channel, cable, microwave or similar com-
munication or transmission system. The term
includes cooperative or farmer -line telephone
companies or associations operating exchanges.
(2) "Telephone business" does not include the
providing of competitive telephone service, nor the
providing of cable television service, or other pro-
viding of broadcast services by radio or television
stations.
(3) "Competitive telephone service" means the
providing by any person of telecommunications
equipment or apparatus, directory advertising and
lease of telephone street directories, or service
related to that equipment or apparatus such as
repair or maintenance service, if the equipment or
apparatus is of a type which may be provided by
persons not subject to regulation as telephone com-
panies under RCW Title 80, and which a separate
charge is made. Transmission of communication
through cellular telephones is classified as "tele-
phone business" rather than "competitive tele-
phone service."
(4) "Cellular telephone service" is a two-way
voice and data telephone/telecommunications sys-
tem based in whole or substantial part on wireless
radio communications and which is not subject to
regulation by the Washington Utilities and Trans-
portation Commission (WUTC). This includes cel-
lular mobile service. Cellular mobile service
includes other wireless radio communications ser-
vices such as specialized mobile radio (SMR), per-
sonal communications services (PCS), and any
other evolving wireless radio communications
technology which accomplishes the same purpose
as cellular mobile service. Cellular telephone ser-
vice is included within the definition of "telephone
business" for the purposes of this chapter.
(5) "Pager service" means service provided by
means of an electronic device which has the ability
to send or receive voice or digital messages trans-
mitted through the local telephone network, via
satellite or any other form of voice or data trans-
mission. (Ord. 1769 § 4, 1999).
5.08.040 Deductions.
In computing the utility tax there shall be
deducted from the gross operating revenues the fol-
lowing items:
(1) The amount of credit losses and uncollecti-
bles actually sustained by the taxpayer;
(2) Amounts derived from transactions in inter-
state or foreign commerce or from any business
which the city is prohibited from taxing under the
Constitutions of the United States or the state;
(3) Amounts derived by the taxpayer from the
city. (Ord. 1769 § 5, 1999).
5.08.050 Payment periods.
The utility tax imposed by this chapter shall be
due and payable in monthly installments and remit-
tance shall be made on or before the thirtieth day of
the month next succeeding each month in which
the tax accrued. On or before the due date, the tax-
payer shall file with the city treasurer a written
return, upon such form and setting forth such infor-
mation as the treasurer shall reasonably require,
together with the payment of the amount of utility
tax. (Ord. 1769 § 6, 1999).
5.08.060 Records kept.
Each taxpayer shall keep records reflecting the
amount of his gross operating revenues, and such
records shall be open at all reasonable times to the
inspection of the city treasurer, or his duly autho-
rized subordinates, for verification of the utility tax
returns or for the fixing of the utility tax of a tax-
payer who fails to make such returns. (Ord. 1769 §
7, 1999).
5-7 (Revised 12/99)
5.08.070
5.08.070 Failure to pay utility tax — Penalty.
If any person, firm or corporation subject to this
chapter fails to pay any utility tax required by this
chapter within 30 days after the due date thereof,
there shall be added to such utility tax a penalty of
10 percent of the amount of such utility tax and
interest charged at the rate of 18 percent in addition
to the penalty. Any utility tax due under this chap-
ter and unpaid, and all penalties and interest
thereon, shall constitute a debt to the city and may
be collected by court proceedings, which remedy
shall be in addition to all other remedies. (Ord.
1769 § 8, 1999).
5.08.080 Credits to taxpayer.
Any money paid to the city through error or oth-
erwise not in payment of the utility tax imposed
hereby or in excess of such utility tax shall, upon
request of the taxpayer, be credited against any
utility tax due or to become due from the taxpayer
hereunder, or upon the taxpayer's ceasing to do
business in the city, be refunded to the taxpayer.
No taxpayer may demand a refund of utility tax
collected more than three years from the date of the
demand. The city may not demand utility tax more
than three years after the utility tax is accrued.
(Ord. 1769 § 9, 1999).
5.08.090 Wiring regulations.
The license shall authorize and allow the lic-
ensee to commence or to continue the maintenance
and operation of its telephone and telegraph busi-
ness in the city. The licensee's cables and other
appliances and conductors may be strung on poles
or other fixtures above ground, or at the option of
the licensee may be laid underground in pipes or
conduits or otherwise protected, and such other
apparatus may be used as may be necessary or
proper to operate and maintain the same. When-
ever such wires, cables and other appliances and
conductors are laid underground in pipes or con-
duits or otherwise protected, the licensee shall fur-
nish to the city one duct in its main underground
system excluding pipe or other conduit dips con-
necting one pole with another, or two pairs of wire
in underground cable, free of charge to the city, to
be used for low-tension police and fire alarm pur-
poses, the licensee having the option as to whether
two pairs of wires shall be given or a duct in the
underground system; provided, however, that the
city shall, in its use and maintenance of such fix-
tures, wires or ducts, comply with the reasonable
plans and rules of the licensee so that there may be
a minimum of danger of contact between its fix-
tures, wires or ducts and the fixtures, wires, cables
or ducts of the licensee. The wires of the city shall
not be unduly exposed to foreign electrical current
in excess of 5,000 volts. In case of a rearrangement
of the plant, the city will, at its own expense, care
for its own fixtures, wires and construction. The
licensee shall have no liability whatsoever, either
to the city or to any person, for any damage or
claim of any kind arising out of the construction,
maintenance, operation, removal or presence of the
equipment herein described and to be used by the
city solely in maintaining the efficiency of its fire
alarm system and police force. (Ord. 1769 § 10,
1999).
5.08.100 Excavations on streets.
It shall be lawful under the license for the lic-
ensee to make all needful excavations in any of the
streets, alleys, avenues, thoroughfares, public
highways and public grounds and places in the city
for the purpose of placing, erecting, laying, main-
taining, operating, repairing, removing or replac-
ing poles, conduits or other supports or conductors
for wires and cables. The work performed under
the license shall be done in compliance with the
rules, regulations, ordinances or orders which may
be adopted from time to time by the city. (Ord.
1769 § 11, 1999).
5.08.110 Restoration of streets.
Whenever a licensee disturbs any of the streets,
alleys, avenues, thoroughfares, public highways or
public grounds for the purposes set forth in POMC
5.08.100, the licensee shall restore the same to
good order and condition as soon as possible with-
out unnecessary delay. Upon failure to do so, the
city shall have the right to fix a time which shall be
reasonable within which such repairs and restora-
tion of streets shall be completed, and upon failure
of such repairs being made by the licensee, the city
shall cause such repairs to be made at the expense
of the licensee. The licensee shall save the city
harmless from any and all damages or claims aris-
ing out of, or in any way connected with, such
excavations or disturbance of the streets, alleys,
avenues, thoroughfares, public highways or public
(Revised 12/99) 5-8
Port Orchard Municipal Code
5.08.170
grounds, or the maintenance of the licensee's
appliances and fixtures thereon, thereunder or
thereover. (Ord. 1769 § 12, 1999).
5.08.120 Tree trimming.
Where tree trimming is necessary in public
streets or places for the proper operation of the
lines and conductors of the licensee, such trimming
shall be done by competent employees of the lic-
ensee upon application for the granting of a permit
by the superintendent of public works or such other
official as the city council may designate. (Ord.
1769 § 13, 1999).
5.08.130 Rearrangement of aerial cables.
Whenever it becomes necessary to temporarily
rearrange, remove, lower or raise the aerial cables
or wires or other apparatus of the licensee to permit
the passage of any building, machinery or other
object, the licensee will perform such rearrange-
ment on seven days' notice to its manager at
Bremerton from the person or persons desiring to
move the building, machinery or other objects. The
notice shall bear the approval of the superintendent
of public works or such other official as the city
council may designate; shall detail the route of
movement of the building, machinery or other
objects; shall provide that the costs incurred by the
licensee in making such rearrangements of its
aerial plant will be borne by the person or persons
giving notice; and shall further provide that the
person or persons giving notice will indemnify and
save the licensee harmless from any and all dam-
ages or claims of whatsoever kind or nature caused
directly or indirectly from such temporary rear-
rangement of the licensee's aerial plant. (Ord. 1769
§ 14, 1999).
5.08.140 Street improvements — Moving
telephone apparatus.
Nothing in this chapter shall be construed in any
way to prevent the proper authorities of the city
from sewering, grading, planking, rocking, paving,
repairing, altering or improving any of the streets,
alleys, avenues, thoroughfares, public highways or
places within the city in or upon which the poles,
wires or other conductors of the licensee shall be
placed. If it becomes necessary that the poles,
wires, cables or other apparatus of the licensee
shall be moved in order for the city to carry out
such work or improvements, the licensee shall
move its poles, wires, cables and other apparatus at
its own expense within a reasonable time after
notice of such proposed work or improvements is
given to the licensee by the city. (Ord. 1769 § 15,
1999).
5.08.150 Noncompliance — Penalty.
Any person, firm or corporation subject to this
chapter who fails or refuses to apply for an occupa-
tional license or to make the utility tax return or to
pay the utility tax when due, or who makes any
false statement or representation in or in connec-
tion with any application for an occupational
license or such utility tax return, or otherwise vio-
lates or refuses or fails to comply with this chapter,
shall be guilty of a misdemeanor, and, upon con-
viction thereof, shall be punished by a fine of not to
exceed $500.00. Each day's offense shall be
deemed a separate violation. (Ord. 1769 § 16,
1999).
5.08.160 Power of clerk to make rules and
regulations.
The city clerk is authorized to adopt, publish and
enforce, from time to time, such rules and regula-
tions for the proper administration of this chapter
as shall be necessary, and it shall be a violation of
this chapter to violate or to fail to comply with any
such rule or regulation lawfully promulgated here-
under. (Ord. 1769 § 17, 1999).
5.08.170 Validity.
The invalidity or unconstitutionality of any pro-
vision or section of this chapter shall not render any
other provision or section of this chapter invalid or
unconstitutional. (Ord. 1769 § 18, 1999).
5-9 (Revised 12/99)
5.12.010
Chapter 5.12
BUSINESS LICENSES
Sections:
5.12.010
Definitions.
5.12.020
Requirements.
5.12.030
Exemptions.
5.12.040
Display of license — Transferability.
5.12.050
Disclaimer of city liability.
5.12.060
Prohibited use.
5.12.070
General qualifications of licensees.
5.12.080
Application procedure.
5.12.090
Renewal.
5.12.100
Licenses for businesses located outside
city limits.
5.12.110
License approval or denial.
5.12.120
Suspension or revocation procedure.
5.12.130
Exercise of power.
5.12.140
Inspections — Right of entry.
5.12.150
Notice and order.
5.12.160
Civil penalty.
5.12.170
Criminal penalties.
5.12.180
Additional relief.
5.12.010 Definitions.
For the purposes of this chapter, the following
terms, phrases, words, and their derivations shall
have the meanings given herein.
(1) "Business" includes all activities, occupa-
tions, pursuits or professions located and/or
engaged in within the city with the object of gain,
benefit or advantage to the licensee or to another
person or class, directly or indirectly, whether part-
time or full-time. Each business location shall be
deemed a separate business. For the purposes of
this chapter, the owner of any apartment building
or buildings containing an aggregate of 10 or more
rental units located on a single or contiguous lot(s)
and the owner of any business or commercial
building containing any rental units shall be con-
sidered to be engaged in a "business". Utility com-
panies are defined as businesses.
(2) "Person" means any individual, firm, part-
nership, company, corporation, association, re-
ceiver, assignee, trust, estate, joint venture, group,
joint stock company, business trust, society or any
group of individuals acting as a unit.
(3) "Licensee" means any business granted a
business license by the city.
(4) "Premises" includes all lands, structures
and places, and also any personal property which is
either affixed to or is otherwise used in connection
with any such business conducted on such pre-
mises.
(5) "City license officer" is the city treasurer,
her/his designee or any city of Port Orchard police
officer.
(6) "Minor" means any person under 18 years
of age.
(7) "Nonprofit organization" means an organi-
zation which has been granted nonprofit status by
the Secretary of State of Washington or the Internal
Revenue Service. (Ord. 1701 § 1, 1997).
5.12.020 Requirements.
Any person, firm, or corporation that engages in
or carries on within the city any business, profes-
sion, trade or occupation designated in this chapter
shall first obtain from the city a license to do so. All
licenses issued pursuant to the provisions of this
chapter shall be posted in a prominent location at
the premises where the licensed business, profes-
sion, trade or occupation is carried on. (Ord. 1701
§ 2, 1997).
5.12.030 Exemptions.
The following operations shall be exempt from
obtaining a business license:
(1) Any instrumentality of the United States,
state of Washington or any political subdivision
thereof, with respect to the exercise of governmen-
tal functions;
(2) Any person, firm, or corporation which the
city is forbidden to tax by law;
(3) Pursuant to RCW 36.71.090, no business li-
cense shall be required of any farmer, gardener or
other person to sell, deliver or peddle any fruits,
vegetables, berries, eggs or any farm produce or ed-
ibles raised, gathered, or produced by such person;
(4) No business license shall be required of any
minor engaging in a de minimis entrepreneurial
venture with permission of the property owner,
including but not limited to such trade and activi-
ties as running a lemonade stand;
(5) Accredited public or private schools, col-
leges or universities, as to their education endeav-
ors only; churches and other religious bodies, as to
their religious activities only; fraternal organiza-
tions and lodges as to their fraternal and lodge
activities only; civic and charitable organizations,
(Revised 12/99) 5-10
Port Orchard Municipal Code
9.30.100
You may appeal this Notice to Abate decision
by filing a written notice of appeal with the City
Council of the City of Port Orchard within five
days after the date of this notice.
Dated
Name of Officer
(Ord. 1724 § 15, 1998).
9.30.060 Abatement by the city.
In all cases where the enforcement officer has
determined to proceed with abatement by the city
10 days after notice the city shall acquire jurisdic-
tion to abate the condition at the person's expense
as herein provided. Upon the abatement of the con-
dition or any portion thereof by the city, all
expenses thereof shall constitute civil debt owing
to the city jointly and severally by such of the per-
sons who have been given notice as herein pro-
vided. The debt shall be collectable in the same
manner as any other civil debt owing to the city.
(Ord. 1724 § 15, 1998).
9.30.070 Abatement by owner or other
responsible person.
If and when an owner or other responsible per-
son shall undertake to abate any condition
described in this chapter, whether by order of the
enforcement officer or otherwise, all needful and
legal conditions pertinent to the abatement may be
imposed by the enforcement officer. It is unlawful
for the owner or other responsible person to fail to
comply with such conditions. Nothing in this chap-
ter shall relieve any owner or other responsible per-
son of the obligation of obtaining any required
permit to do any work incidental to the abatement.
(Ord. 1724 § 15, 1998).
9.30.080 Appeal.
Any person who has received a notice to abate a
condition as determined by the code enforcement
officer under POMC 9.30.050 may appeal said
determination by filing written notice of appeal
within five days after the date of said notice to
abate, with the city council. Said notice shall set
forth the grounds upon which the appeal is based.
Upon receipt of notice of appeal the city council
shall hold a hearing not more than 30 days after
said appeal was filed. It shall be the duty of the
code enforcement officer to present proof relating
to the grounds for the issuance of the notice to
abate. If the city council finds that a nuisance exists
based on the criteria of this chapter the council
shall order that such nuisance be abated pursuant to
this chapter and shall set forth reasonable time lim-
its for such abatement. If the council finds that a
nuisance does not exist under this chapter, the
council shall cancel the notice to abate. Upon the
filing of a proper notice of appeal under POMC
9.30.070, the time limits specified in POMC
9.30.050 and 9.30.060 shall be stayed during the
pendency of the appeal. (Ord. 1724 § 15, 1998).
9.30.090 Immediate danger — Summary
abatement.
Whenever any condition on or use of property
causes or constitutes or reasonably appears to
cause or constitute an imminent danger to the
health or safety of the public or a significant por-
tion thereof, the enforcement officer shall have the
authority to summarily and without notice abate
the same. The expenses of such abatement shall
become a civil debt against the owner or other
responsible party and be collected as provided in
POMC 9.30.060. (Ord. 1724 § 15, 1998).
9.30.100 Additional remedies.
In addition to any other remedy provided in this
chapter, any owner, responsible person, firm, cor-
poration or agent which violates, disobeys, omits,
neglects or refuses to comply with any of the pro-
visions of this chapter shall be deemed guilty of a
civil infraction. Each five -calendar -day period that
a violation exists constitutes a separate offense.
(Ord. 1724 § 15, 1998).
9-25 (Revised 12/99)
9.32.010
Chapter 9.32
OFFENSES BY AND AGAINST MINORS
Sections:
9.32.010
Definitions.
9.32.020
Leaving child unattended in a parked
automobile.
9.32.030
Purchasing or obtaining tobacco by
persons under the age of 18 — Civil
infraction.
9.32.040
Contributing to the delinquency of a
minor.
9.32.050
Leaving a child unattended.
9.32.060
Applying tattoo to a minor.
9.32.010 Definitions.
For the purposes of this chapter, the words con-
tained in this chapter are defined as follows:
(1) "Abused child" means a physically or sexu-
ally mistreated child as defined in RCW 13.34.030.
(2) "Child" means a person less than 18 years of
age, unless otherwise specified.
(3) "Delinquent act" means an act committed
by a child, which would be designated a crime if
committed by an adult.
(4) "Dependent child" means a child who is:
(a) Neglected, as defined in subsection (6)
of this section; or
(b) Abused as defined in subsection (1) of
this section.
(5) "Minor" means any person less than 18
years of age, unless otherwise specifically desig-
nated.
(6) "Neglected child" means a child who is:
(a) Without a parent or legal guardian or
legal custodian or who has been abandoned by
such; or
(b) In a situation of clear and present danger
of suffering substantial damage to his or her mental
or physical health; or
(c) A runaway from his or her home or a
fugitive from his or her parent or guardian. (Ord.
1724 § 16, 1998).
9.32.020 Leaving child unattended in a
parked automobile.
The following sections of the Revised Code of
Washington (RCW), and any amendments thereto,
are hereby adopted by reference as a portion of the
criminal code of the city of Port Orchard as if fully
set forth herein: RCW 9.91.060. (Ord. 1724 § 16,
1998).
9.32.030 Purchasing or obtaining tobacco by
persons under the age of 18 — Civil
infraction.
The following sections of the Revised Code of
Washington (RCW), and any amendments thereto,
are hereby adopted by reference as a portion of the
criminal code of the city of Port Orchard as if fully
set forth herein: RCW 70.155.080. (Ord. 1724 §
16, 1998).
9.32.040 Contributing to the delinquency of a
minor.
(1) A person is guilty of contributing to the
delinquency of a minor if, by act or omission, he or
she knowingly causes or encourages a minor to
commit or otherwise contributes to a minor's com-
mission of a delinquent act.
(2) Contributing to the delinquency of a minor
is a misdemeanor. (Ord. 1724 § 16, 1998).
9.32.050 Leaving a child unattended.
(1) It is unlawful for any person having the care
and custody, whether temporary or permanent, of a
child five years old or less, to leave such a child
unattended.
(2) For purposes of this section, a person leaves
a child "unattended" if that person leaves the child
without the direct and immediate supervision by
any person 12 years old or older and under circum-
stances causing alarm in a reasonable person as to
the safety and welfare of the child.
(3) Leaving a child unattended is a misde-
meanor. (Ord. 1724 § 16, 1998).
9.32.060 Applying tattoo to a minor.
The following section 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 26.28.085, Applying tattoo
to a minor — Penalty. (Ord. 1776 § 1, 1999).
(Revised 12/99) 9-26
Port Orchard Municipal Code
9.44.070
city workplace shall make every reasonable effort
to ensure compliance with this chapter, including
but not limited to posting signs as appropriate
under this chapter, advising those who are smoking
in a city workplace to refrain from smoking, and
advising the public or city personnel that smoking
is not prohibited outside of city workplaces. (Ord.
1708 § 3, 1997; Ord. 1457 § 5, 1989).
9.44.040 Defacing signs prohibited.
No person shall alter, deface, remove or destroy
any sign posted in compliance with this chapter.
(Ord. 1708 § 4, 1997; Ord. 1457 § 6, 1989).
9.44.050 Penalties and enforcement — Fines.
(1) Any person violating this chapter by smok-
ing in a city workplace or altering, defacing,
removing or destroying signs posted in compliance
with this chapter shall be liable for a civil fine of
$50.00.
(2) The Port Orchard police department shall
enforce this chapter by issuing a notice of infrac-
tion and citing to this chapter. Such notice of
infraction shall be made upon the same forms as for
traffic infractions.
(3) Any violations of this chapter for which a
notice of infraction is issued shall be disposed of in
the same manner as provided for traffic infractions
under Chapter 46.63 RCW, as now or hereafter
amended, incorporated by this reference, except as
follows:
(a) The provisions in Chapter 46.63 RCW
relating to provision of records to the Department
of Licensing in accordance with RCW 46.20.270
are not applicable to this chapter; and
(b) The provisions in Chapter 46.63 RCW
relating to impositions of sanctions against a per-
son's driver's license or vehicle license are not
applicable to this chapter.
(4) All fines or forfeitures collected upon
enforcement of this chapter shall be paid into the
general fund of the city of Port Orchard. (Ord. 1708
§ 5, 1997; Ord. 1457 § 7, 1989).
9.44.060 Private actions.
(1) This chapter shall not be construed to pro-
hibit private persons or organizations from bring-
ing an action to enjoin violations of this chapter,
nor shall it be construed to limit other actions in
any way.
(2) In undertaking enforcement of this chapter,
the city of Port Orchard is assuming and undertak-
ing only to promote the general welfare. The city of
Port Orchard is not assuming, nor is it imposing on
city personnel, an obligation for breach of which
the city or its personnel are liable in money dam-
ages. (Ord. 1708 § 6, 1997; Ord. 1457 § 8, 1989).
9.44.070 Liberal construction.
This chapter is remedial in nature and shall be
liberally construed to give full effect to the objec-
tives and purposes for which it was enacted. (Ord.
1708 § 7, 1997; Ord. 1457 § 9, 1989).
9-31 (Revised 12/99)
9.46.010
Chapter 9.46
COMMERCIAL ACTIVITY PROHIBITED
ON CITY -OWNED DOCKS AND PIERS
Sections:
9.46.010
Commercial activity — Prohibited —
Defined.
9.46.020
Moorage — Hours.
9.46.030
Moorage — 15-minute limit.
9.46.040
Exemptions.
9.46.050
Violation — Penalty.
9.46.010 Commercial activity — Prohibited —
Defined.
There shall be no commercial activity on the
DeKalb Street Pedestrian Pier or the Water Street
Boat Launch. Commercial activity is defined as,
but not limited to, loading or unloading cargo from
commercial fishing boats, repair of commercial
watercraft and repairing, maintaining or drying of
fishing nets, and loading or unloading commercial
cargo, to include logs or merchandise. (Ord. 1771
§ 1, 1999).
9.46.020 Moorage — Hours.
There shall be no moorage at the DeKalb Street
Pedestrian Pier between the hours of 11:00 p.m.
and 6:00 a.m. (Ord. 1771 § 2, 1999).
9.46.030 Moorage —15-minute limit.
Moorage at the Water Street Boat Launch shall
be limited to 15 minutes. (Ord. 1771 § 3, 1999).
9.46.040 Exemptions.
The city council may authorize exemptions to
the above restrictions, if the permitted action does
not unduly prevent other people from using the
facility. An exemption may be obtained by submit-
ting a written request to the city clerk's office cit-
ing the specific reasons for the request. The written
request will be considered by the city council at a
regularly scheduled meeting. (Ord. 1771 § 4,
1999).
9.46.050 Violation — Penalty.
Any person, firm or corporation violating any of
the provisions of this chapter shall, upon convic-
tion thereof, be guilty of a misdemeanor and be
punished by a fine in any sum not exceeding
$100.00. (Ord. 1771 § 5, 1999).
Chapter 9.48
INFORMATION ABOUT OFFENSES
AGAINST CITY PROPERTY
Sections:
9.48.010 Reward for information.
9.48.020 City employees exempted.
9.48.010 Reward for information.
There is authorized to be paid to any person who
furnishes to the city information leading to the
judicial identification or conviction of any person
who has wilfully or maliciously damaged, injured,
destroyed or removed without proper authority
municipal property in violation of ordinances of
the city a reward in the amount of $100.00. (Ord.
1010 § 1, 1977).
9.48.020 City employees exempted.
A single reward shall be payable in the sole dis-
cretion of the mayor to any one or more persons for
information with respect to a single occurrence as
hereinafter described, except that rewards shall not
be payable to any city employee while in the line of
duty. (Ord. 1010 § 2, 1977).
(Revised 12/99) 9-32
Port Orchard Municipal Code
10.72.020
Chapter 10.66
SNOW ROUTE
Sections:
10.66.010
Established.
10.66.020
Signs posted.
10.66.030
Impounding vehicles.
10.66.040
Violation a misdemeanor.
10.66.010 Established.
A snow route is established in the city of Port
Orchard for use during periods of snow or ice, as
follows:
(1) Kitsap Street from Bay Street to Seattle
Avenue;
(2) Seattle Avenue from Kitsap Street to
Dwight Street;
(3) Dwight Street from Seattle Avenue to Har-
rison Avenue;
(4) Harrison Avenue from Dwight Street to
Division Street;
(5) Division Street from Harrison Avenue to
Sidney Avenue;
(6) Sidney Avenue from Division Street to
Melcher Street. (Ord. 1773 § 1, 1999).
10.66.020 Signs posted.
The aforesaid snow route shall be posted on both
sides of the street with signs, at least two signs to a
block, on each side of the street, indicating sub-
stantially as follows:
"NO PARKING DURING SNOW.
VIOLATORS WILL BE TOWED."
(Ord. 1773 § 2, 1999).
10.66.030 Impounding vehicles.
The police department of the city of Port
Orchard is hereby authorized to impound any vehi-
cle found parked on the aforesaid snow route dur-
ing periods of snow. The owner or operator of said
vehicle is required to pay all costs of impounding,
including towing and storage. (Ord. 1773 § 3,
1999).
10.66.040 Violation a misdemeanor.
Any person parking or leaving his/her vehicle
on the snow route during periods of snow shall be
guilty of a misdemeanor. (Ord. 1773 § 4, 1999).
Chapter 10.72
VEHICLE IMPOUNDMENT
Sections:
10.72.010 Tow -away zone.
10.72.020 Code violation.
10.72.010 Tow -away zone.
A vehicle may be impounded with or without
citation and with or without notice to its owner
when the vehicle is stopped, standing, or parked in
a place marked as a tow -away zone during hours
when the provisions applicable to such zone are in
effect. (Ord. 1409 § 1, 1987).
10.72.020 Code violation.
A vehicle may be impounded with or without
citation and with or without notice to its owner
when the vehicle is stopped, standing or parked in
violation of the RCW 46.90.439, 46.90.442,
46.90.457 and POMC 10.60.030. (Ord. 1409 § 2,
1987).
10-19 (Revised 12/99)
10.76.010
Chapter 10.76
PARKING VIOLATORS
Sections:
10.76.010
Declaration.
10.76.020
Notification of hearing for declaration
of vehicle as parking violator.
10.76.030
Municipal court judge administrative
hearing examiner.
10.76.040
Hearing on declaration of vehicles as
parking violator.
10.76.050
Order of immobilization of vehicle.
10.76.060
Immobilization of the vehicle.
10.76.070
Immobilization fee.
10.76.080
Release from immobilization.
10.76.090
Towing of immobilized vehicle.
10.76.100
Procedure at contested cases.
10.76.110
Judicial review.
10.76.120
Rules and regulations.
10.76.010 Declaration.
Any vehicle which has accrued $200.00 or more
in unpaid parking fines and penalties shall be
declared a parking violator in that said vehicle has
repeatedly inhibited the orderly movement of vehi-
cles into parking spaces on the streets of the city,
created an obstruction to traffic, and restricted pub-
lic access to limited parking spaces in the city and
created a disincentive to others to obey the city's
parking ordinances. (Ord. 1716 § 1, 1998).
10.76.020 Notification of hearing for
declaration of vehicle as parking
violator.
Whenever any vehicle shall have been declared
a parking violator as per this chapter, the city shall
send to the registered and legal owners of said
vehicle as shown by the records of the state of
Washington Department of Licensing a notifica-
tion of hearing on the issue of whether said vehicle
constitutes a parking violator as defined in POMC
10.76.010. Notification of hearing on the issue of
whether said vehicle constitutes a parking violator
shall be sent by first class mail. Said notification
shall include the following information:
(1) The license number of vehicle;
(2) The name of the registered owner of the
vehicle as shown by the records of the Washington
State Department of Licensing;
(3) The date and nature of each violation which
will form the basis of the declaration of the vehicle
as a parking violator;
(4) A statement that the vehicle will be declared
a parking violator unless:
(a) All outstanding citations and unpaid
penalties for violation of the parking ordinance of
the city are paid prior to the hearing date, or
(b) A request for hearing is filed, no later
than 15 calendar days after date of mailing, with
the municipal court;
(5) A statement that if the vehicle is declared a
parking violator it will be subject to immobiliza-
tion pursuant to this chapter;
(6) The address and telephone number where
additional information may be obtained. (Ord.
1716 § 2, 1998).
10.76.030 Municipal court judge
administrative hearing examiner.
(1) Authority. The city's municipal court judge
and any judge pro tern is hereby specifically autho-
rized to conduct hearings as set forth in this chap-
ter, as an administrative hearing examiner.
(2) Jurisdiction. The hearing examiner will be
responsible for presiding over all hearings required
by this chapter as well as other additional adminis-
trative matters over which he/she may be requested
to preside.
(3) Powers. For purposes of this chapter, the
hearing examiner shall have the power to:
(a) Administer oaths and affirmations, ex-
amine witnesses and receive evidence;
(b) Issue subpoenas upon the request of any
party. The city attorney and the attorney of record
are also authorized to issue subpoenas. When so
required, the applicant for the subpoena shall show
to the satisfaction of said individual the general rel-
evance and reasonable scope of the evidence
sought;
(c) Rule on offers of proof and receive rele-
vant evidence;
(d) Hold conferences for the settlement or
simplification of the issues by consent of the par-
ties;
(e) Make decisions which can be incorpo-
rated into findings of fact, conclusions of law and
order of the municipal court judge and enter orders
of default and consent orders;
(f) Appoint a pro tem to act in the judge's
absence; and
(Revised 12/99) 10-20
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 $15.00 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. 1768 § 2,
1999).
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 12/99)
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 interior
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
$ 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 12/99) 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. 1768 § 3, 1999).
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-
rials.
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
13-5 (Revised 12/99)
13.04.040
is satisfactory, the city shall connect the meter if it
is one inch or less in size. Larger meters shall be
installed by the contractor.
(3) Fees in Lieu of Assessment. Fees in lieu of
assessment shall be charged on new accounts
unless exempted as explained below:
(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.
1768 § 4, 1999).
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.
(Revised 12/99) 13-6
Port Orchard Municipal Code
13.04.050
(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.
The facility connection fee as of November 1,
1999, shall be $1,763.63 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 $1,763.63 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
1 to 4
Full amount
None
5 to 15
One-half of the fee
3 years at 8%
16 or more
One-third of the fee
5 years at 8%
Interest shall be compounded annually, with
prorating on the outstanding balance due. (Ord.
1768 § 5, 1999).
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 ser-
vice 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.
13-7 (Revised 12/99)
13.04.060
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. 1768 §
6, 1999).
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. 1768 § 7,
1999).
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. 1768 § 8, 1999).
13.04.080 Mother-in-law apartments and
converted homes.
These are apartments contained in a single-fam-
ily dwelling and are not separate structures. These
apartments are other than duplexes or multifamily
units.
(1) Mother -in -Law Apartments.
(a) The property owner lives in the single-
family dwelling.
(b) The apartment does not have both a sep-
arate full kitchen and full bath. A full kitchen is
defined as one with a full size refrigerator, a stove,
a sink and cabinets.
(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
(Revised 12/99) 13-8
Port Orchard Municipal Code
13.04.120
for exemption shall be made on forms provided by
the city treasurer. When the family member moves
out of the apartment the property owner shall
notify the city.
A family member is defined as a father,
mother, spouse, children or stepchildren.
(f) Rates for converted home apartments are
effective the first day of the next month after pas-
sage and publication of the ordinance codified in
this chapter.
Mother-in-law apartments and converted homes
in existence at the time of passage of the ordinance
codified in this chapter shall be grandfathered and
associated connection fees are waived.
A duplex would still be charged two connection
fees and two monthly rates and is not a single-fam-
ily residence. (Ord. 1768 § 9, 1999).
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
from the public sewer system and properly
plugged, and upon inspection by the superinten-
dent 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. 1768 § 10, 1999).
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. 1768 § 11, 1999).
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. 1768 § 12, 1999).
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. No person shall connect an-
other structure, apartment, or dwelling unit with a
temporary hose or other pipe not permitted by the
Uniform Plumbing Codes for the purpose of pro-
viding water to that structure, apartment, or dwel-
lung unit. (Ord. 1768 § 13, 1999).
13-9 (Revised 12/99)
13.04.130
13.04.130 Discharging of sewerage.
It shall be unlawful to discharge or cause to be
discharged into the city sewer system or cause to be
placed where they are likely to run, leak or escape
into the public sewer, any of the following:
(1) Ashes, cinder, sand, earth, rubbish, mud,
straw, shavings, metal, glass, rags, feathers, tar,
plastic, wood, or any matter, which is capable of or
likely to obstruct or interfere with the capacity or
operation of the public sewer.
(2) Gasoline, benzine, naphtha, fuel oil, lubri-
cating oil or any other matter which is inflammable
or explosive upon introduction to the public sewer.
(3) Any matter having a temperature greater
than 150 degrees Fahrenheit.
(4) Sewage containing suspended solids in
excess of 350 milligrams per liter.
(5) Sewage containing grease or oil in excess of
100 parts per million by weight.
(6) Matter with a B.O.D. greater than 300 milli-
grams per liter.
(7) Sewage with a pH lower than 5.5 and
greater than 9.0.
(8) Garbage that has not been properly shred-
ded.
(9) Sewage containing toxic or poisonous sub-
stances in sufficient quantity to injure or interfere
with any sewage treatment process or constitutes a
hazard in the receiving waters of the sewage treat-
ment plant.
(10) Any noxious or malodorous matter capa-
ble of creating a public nuisance.
(11) Waters from irrigation, storm drains, sump
pumps, surface runoff, roof runoff, subsurface
drainage, ponds or reservoirs. When an unautho-
rized hookup of a drain or excess infiltration is
found to exist, the city engineer shall notify the
property owner that corrective action is required
and shall be accomplished within 60 calendar days.
The city engineer may allow drainage of areas, not
to exceed 750 square feet, if that area cannot be
economically drained other than 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. 1768 §
14, 1999).
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. 1768 §
15, 1999).
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. 1768
§ 16, 1999).
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.
(Revised 12/99) 13-10
Port Orchard Municipal Code
13.04.170
(2) The recovery of the proportionate share of
costs shall be determined by agreement between
the city and the industrial user. The share of costs
shall be based upon all factors, which significantly
influence the cost of the treatment works and shall
be repaid, without interest, in at least annual pay-
ments during the recovery period not to exceed the
life of the project or 30 years. In the event the city
and users cannot agree as to the proportionate share
to be repaid to the city, said proportionate share
shall be determined by arbitration and the arbitrator
shall be appointed by the presiding judge of the
Kitsap County superior court.
(3) All major contributing users discharging
into the treatment works shall be required to com-
ply, within three years, with the pretreatment stan-
dards established by the Environmental Protection
Agency. In accordance with the pretreatment
requirements, major industries are defined as those
industries that:
(a) Have a wastewater flow of 50,000 gal-
lons, or more, per average day;
(b) Have a wastewater flow greater than one
percent of the flow carried by the municipal system
receiving the waste;
(c) Include the discharge of a toxic material.
(Ord. 1768 § 17, 1999).
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
$5,000.00. Every day that the person is in violation
shall be considered a separate offense and can be
charged as such under this section. (Ord. 1768 §
18, 1998).
13-10.1 (Revised 12/99)
This page left intentionally blank.
(Revised 12/99) 13-10.2
Port Orchard Municipal Code
14.04.020
Chapter 14.04
STATE ENVIRONMENTAL POLICY ACT
Sections:
14.04.010
Authority.
14.04.020
Adoption by reference.
14.04.030
Additional definitions.
14.04.040
Designation of responsible official.
14.04.050
Lead agency determination and
responsibilities.
14.04.060
Categorical exemptions and threshold
determinations — Adoption by
reference.
14.04.070
Categorical exemptions and threshold
determinations — Time estimates.
14.04.080
Categorical exemptions — Adoption by
reference.
14.04.090
Flexible thresholds for categorical
exemptions.
14.04.100
Categorical exemptions determination.
14.04.110
Determination — Review at conceptual
stage.
14.04.120
Threshold determinations —
Environmental checklist.
14.04.130
Completed environmental checklist
defined.
14.04.140
Threshold determinations — Mitigated
DNS.
14.04.150
Optional DNS process.
14.04.160
Consistency.
14.04.170
Environmental impact statement (EIS)
— Adoption by reference.
14.04.180
EIS — Preparation.
14.04.190
EIS — Commenting — Adoption by
reference.
14.04.200
Public notice.
14.04.210
Designation of official to perform
consulted agency responsibilities.
14.04.220
Using existing environmental
documents — Adoption by reference.
14.04.230
SEPA decisions — Adoption by
reference.
14.04.240
SEPA decisions.
14.04.250
SEPA — Policies.
14.04.260
Appeals.
14.04.270
Notice/statute of limitations.
14.04.280
Definitions — Adoption by reference.
14.04.290
Compliance with SEPA — Adoption by
reference.
14.04.300
Critical areas.
14.04.310 Fees.
14.04.320 Forms — Adoption by reference.
14.04.010 Authority.
The city adopts the ordinance codified in this
chapter under the State Environmental Policy Act
(SEPA), RCW 43.21 C.120, and the SEPA rules,
WAC 197-11-904. The SEPA rules contained in
Chapter 197-11 WAC must be used in conjunction
with this chapter. (Ord. 1774 § 2(1), 1999).
14.04.020 Adoption by reference.
The city adopts the following sections of Chap-
ter 197-11 WAC, as now existing or hereinafter
amended, by reference:
WAC
197-11-040
Definitions.
197-11-050
Lead agency.
197-11-055
Timing of SEPA process.
197-11-060
Content of environmental review.
197-11-070
Limitations on actions during
SEPA process.
197-11-080
Incomplete or unavailable
information.
197-11-090
Supporting documents.
197-11-100
Information required of
applicants.
197-11-158
GMA project review — Reliance
on existing plans, laws, and
regulations.
197-11-164
Planned actions — Definition and
criteria.
197-11-168
Ordinances or resolutions
designating planned actions —
Procedures for adoption.
197-11-172
Planned actions — Project review.
197-11-210
SEPA/GMA integration.
197-11-220
SEPA/GMA definitions.
197-11-228
Overall integration procedures.
197-11-230
Timing of an integrated
GMA/SEPA process.
197-11-232
Integration procedures for
preliminary planning,
environmental analysis and
expanded scoping.
197-11-235
Integrating documents.
197-11-259
Determination of nonsignificance
for MTCA remedial action.
(Ord. 1774 § 2(2), 1999).
14-3 (Revised 12/99)
14.04.030
14.04.030 Additional definitions.
In addition to those definitions contained within
WAC 197-11-700 through 197-11-799, when used
in this chapter the following terms shall have the
following meanings, unless the content indicates
otherwise:
(1) "Department" means any division, subdivi-
sion or organizational unit of the city established
by ordinance, rule or order.
(2) "SEPA rules" means Chapter 197-11 WAC
adopted by the Department of Ecology. (Ord. 1774
§ 2(3), 1999).
14.04.040 Designation of responsible official.
(1) For those proposals for which the city is the
lead agency, the responsible official shall be the
planning director or such other person as the direc-
tor may designate in writing.
(2) For all proposals for which the city is the
lead agency, the responsible official shall make the
threshold determination, supervise scoping and
preparation of any required environmental impact
statement (EIS), and perform any other functions
assigned to the lead agency or responsible official
by those sections of the SEPA rules that have been
adopted by reference. (Ord. 1774 § 2(4), 1999).
14.04.050 Lead agency determination and
responsibilities.
(1) The responsible official or the department
receiving an application for or initiating a proposal
that involves a nonexempt action shall determine
the lead agency for that proposal under WAC 197-
11-050 and WAC 197-11-922 through 197-11-
940, unless the lead agency has been previously
determined or the department is aware that another
department or agency is in the process of determin-
ing the lead agency.
(2) When the city is not the lead agency for a
proposal, all departments of the city shall use and
consider as appropriate either the determination of
nonsignificance (DNS) or the final EIS of the lead
agency in making decisions on the proposal. No
city department shall prepare or require prepara-
tion of a DNS or EIS in addition to that prepared by
the lead agency unless the city determines a sup-
plemental environmental review is necessary
under WAC 197-11-600.
(3) If the city, or any of its departments,
receives a lead agency determination made by
another agency that appears inconsistent with the
criteria of WAC 197-11-922 through 197-11-940,
it may object to the determination. Any objection
must be made to the agency originally making the
determination and resolved within 14 days of
receipt of the determination or the city must peti-
tion the Department of Ecology for a lead agency
determination under WAC 197-11-946 within the
14-day time period. Any such petition on behalf of
the city may be initiated by the responsible official
or any department.
(4) The responsible official is authorized to
make agreements as to lead agency status or shared
lead agency's duties for a proposal under WAC
197-11-942 and 197-11-944.
(5) The responsible official shall require suffi-
cient information from the applicant to identify
other agencies with jurisdiction. (Ord. 1774 § 2(5),
1999).
14.04.060 Categorical exemptions and
threshold determinations — Adoption
by reference.
The city adopts the following sections of Chap-
ter 197-11 WAC, as now existing or hereinafter
amended, by reference as supplemented in this
chapter:
WAC
197-11-300
Purpose of this part.
197-11-305
Categorical exemptions.
197-11-310
Threshold determination required.
197-11-315
Environmental checklist.
197-11-330
Threshold determination process.
197-11-335
Additional information.
197-11-340
Determination of nonsignificance
(DNS).
197-11-350
Mitigated DNS.
197-11-355
Optional DNS process.
197-11-360
Determination of significance
(DS)/ initiation of scoping.
197-11-390
Effect of threshold determination.
(Ord. 1774 § 2(6), 1999).
14.04.070 Categorical exemptions and
threshold determinations — Time
estimates.
The time estimates contained in this section
apply when the city processes licenses for all pri-
vate projects and those governmental proposals
submitted to the city by other agencies. The actual
(Revised 12/99) 14-4
Port Orchard Municipal Code
14.04.100
time may vary with the complexity of the project,
availability of staff, cooperation of agencies with
jurisdiction or expertise, etc. The time estimates
contained herein shall not be construed to be man-
datory. For the purposes of this section the word
"day" shall mean a day upon which the city's
administrative offices are open for business.
(1) Categorical Exemptions. The city will nor-
mally identify whether an action is categorically
exempt within 10 days of receiving a completed
application.
(2) Threshold Determinations.
(a) The city will normally complete thresh-
old determinations for proposals that can be based
solely upon review of the environmental checklist
for the proposal within 14 days of the determina-
tion of a complete application.
(b) When the responsible official requires
further information from the applicant or consults
with other agencies with jurisdiction:
(i) The city will normally request such
further information within 28 days of receiving an
application;
(ii) The city will wait no longer than 15
days for a consulted agency to respond;
(iii) The responsible official shall issue a
threshold determination at least 15 days prior to a
public hearing on a proposal, if a public hearing is
required. If a public hearing is not required, a
threshold determination shall not be issued until
the public comment period on a notice of applica-
tion has expired.
(c) When the city must initiate further stud-
ies, including field investigations, to obtain the
information to make the threshold determination,
the city will normally complete the studies within
30 days of receiving a complete application.
(d) The responsible official will normally
respond to a request for early notice within 10
days. The threshold determination will normally be
made within 15 days of receipt of the changed or
clarified proposal, environmental checklist and/or
permit application. (Ord. 1774 § 2(7), 1999).
14.04.080 Categorical exemptions — Adoption
by reference.
The city adopts the following rules for categori-
cal exemption of Chapter 197-11 WAC, as now
existing or hereinafter amended, by reference, as
supplemented in this chapter:
WAC
197-11-800 Categorical exemptions.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change
exemptions.
(Ord. 1774 § 2(8), 1999).
14.04.090 Flexible thresholds for categorical
exemptions.
The city establishes the following exempt levels
for minor new construction under WAC 197-11-
800(1)(c):
(1) For residential dwelling units in WAC 197-
11-800(1)(c)(i): Up to four dwelling units.
(2) For buildings in WAC 197-11-800(1)(c)(ii):
Up to 12,000 square feet.
(3) For parking lots in WAC 197-11-
800(1)(c)(iv): Up to 40 parking spaces.
(4) For landfills and excavations in WAC 197-
11-800(1)(c)(v): Up to 500 cubic yards. (Ord. 1774
§ 2(9), 1999).
14.04.100 Categorical exemptions
determination.
(1) When the city receives an application for a
license, permit, or, in the case of governmental pro-
posals, a department initiates a proposal, the
responsible official shall determine whether the
license and/or the proposal is exempt from envi-
ronmental review under this chapter. The determi-
nation that a proposal is exempt shall be final and
not subject to administrative appeal. If a proposal
is exempt, none of the procedural requirements of
this chapter shall apply to the proposal.
(2) In determining whether or not a proposal is
exempt, the responsible official shall make certain
the proposal is properly defined and shall identify
the governmental license or permit required. If a
proposal includes exempt and nonexempt actions,
the responsible official shall determine the lead
agency even if the license application that triggers
the consideration is exempt.
(3) If a proposal includes both exempt and non-
exempt actions, the city may authorize exempt
actions prior to compliance with the procedural
requirements of this chapter, except that:
(a) The city shall not give authorization for:
(i) Any nonexempt action;
(ii) Any action that would have an
adverse environmental impact; or
14-5 (Revised 12/99)
14.04.110
(iii) Any action that would limit the
choice of reasonable alternatives;
(b) The city may withhold approval of any
permit, application or proposal, the basis of which
is an exempt action that would lead to modification
of the physical environment, when such modifica-
tion would serve no purpose if the nonexempt
actions were not approved; and
(c) The city may withhold approval of any
permit, application or proposal, the basis of which
is an exempt action that would lead to substantial
financial expenditures by a private applicant when
the expenditures would serve no purpose if the
nonexempt actions were not approved.
(d) A planned action as defined in RCW
43.21 C.031(2) does not require a threshold deter-
mination or the preparation of an environmental
impact statement under this chapter, but is subject
to environmental review and mitigation as pro-
vided in this chapter. (Ord. 1774 § 2(10), 1999).
14.04.110 Determination — Review at
conceptual stage.
(1) Preapplication conferences shall also
address environmental issues to familiarize the
applicant with the city's SEPA regulations, pro-
cess, policies and objectives.
(2) If the city's only action on a proposal is a
decision on a building permit or other license that
requires detailed project plans and specifications,
the applicant may request in writing that the city
conduct environmental review prior to submission
of the detailed plans and specifications.
(3) In addition to the environmental documents
an applicant shall submit the following information
for early environmental review:
(a) A copy of any permit or license applica-
tion; and
(b) Other information as the responsible
official may determine. (Ord. 1774 § 2(11), 1999).
14.04.120 Threshold determinations —
Environmental checklist.
(1) A completed environmental checklist shall
be filed at the same time as an application for a per-
mit, license, certificate or other approval not
exempted by this chapter. The checklist shall be the
form of WAC 197-11-960 with such additions that
may be required by the responsible official in
accordance with WAC 197-11-906(4).
(2) A checklist is not needed if the city and the
applicant agree an EIS is required, SEPA compli-
ance has been completed, or SEPA compliance has
been initiated by another agency or adoption of a
previous document.
(3) For private proposals, the applicant is
required to complete the environmental checklist.
The city may provide assistance as necessary. For
city proposals the department initiating the pro-
posal shall complete the environmental checklist
for that proposal.
(4) The city may decide to complete all or part
of the environmental checklist for a private pro-
posal, if any of the following occurs:
(a) The city has technical information on a
question or questions that is unavailable to the pri-
vate applicant; or
(b) The applicant has provided inaccurate
information on previous proposals or on proposals
currently under consideration.
(5) The applicant shall pay to the city the actual
costs of providing information under subsection
(4)(a) of this section. (Ord. 1774 § 2(12), 1999).
14.04.130 Completed environmental checklist
defined.
(1) An environmental checklist is deemed com-
pleted when the following information is provided:
(a) All information as requested in the
checklist is provided, including complete
responses to all questions in the checklist.
(b) All plans and illustrations as required
per the applicable city code are submitted with the
environmental checklist.
(c) The required number of copies of the
checklist and associated plans and illustrations are
submitted, as per the applicable city code.
(d) Checklist is properly signed and dated.
(e) All applicable fees as established in the
city's fee schedule are paid.
(2) Incomplete or inaccurate responses to the
questions within the checklist shall be grounds for
reserving a threshold determination on a proposal,
including the scheduling of any public hearings as
may be required, until such time as the information
is provided by the applicant. Any period during
which an applicant has been requested by the city
to correct plans, perform required studies or pro-
vide additional required information shall not be
included in the 120-day project permit processing
time. (Ord. 1774 § 2(13), 1999).
(Revised 12/99) 14-6
Port Orchard Municipal Code
14.04.150
14.04.140 Threshold determinations —
Mitigated DNS.
(1) The responsible official may issue a deter-
mination of nonsignificance (DNS) based on con-
ditions attached to the proposal by the responsible
official or on changes to, or clarifications of, the
proposal made by the applicant.
(2) An applicant may request in writing early
notice of whether a DS is likely. The request must:
(a) Follow submission of a permit applica-
tion and environmental checklist for a nonexempt
proposal for which the department is lead agency;
and
(b) Precede the city's actual threshold deter-
mination for the proposal.
(3) The responsible official's response to the
request for early notice shall:
(a) State whether the city currently consid-
ers issuance of a DS likely and, if so, indicate the
general or specific areas of concern that are leading
the city to consider a DS; and
(b) State that the applicant may change or
clarify the proposal to mitigate the indicated
impacts, and may revise the environmental check-
list and/or permit application as necessary to reflect
the changes or clarifications.
(4) When an applicant submits a changed or
clarified proposal, along with a revised environ-
mental checklist, the city shall base its threshold
determination on the changed or clarified proposal.
(a) If the city indicated specific mitigation
measures in its response to the request for early
notice, and the applicant changed or clarified the
proposal to include those specific mitigation mea-
sures, the city shall issue and circulate a determina-
tion of nonsignificance if the city determines that
no additional information or mitigation measures
are required.
(b) If the city indicated areas of concern, but
did not indicate specific mitigation measures that
would allow it to issue a DNS, the city shall make
the threshold determination, issue a DNS or DS as
appropriate.
(c) The applicant's proposed mitigation
measures clarifications, changes or conditions
must be in writing and must be specific.
(d) Mitigation measures, which justify issu-
ance of a mitigated DNS, may be incorporated in
the DNS by reference to agency staff reports, stud-
ies or other documents.
(5) The city shall not act upon a proposal for
which a mitigated DNS has been issued for 14 days
after the date of issuance; provided, that the
requirements of this section shall not apply to a
DNS issued pursuant to the optional DNS process
described in this chapter.
(6) Any nonexempt permit or proposal may be
conditioned or denied under SEPA, subject to the
limitations in WAC 197-11-660.
(7) Mitigation measures incorporated in the
mitigated DNS shall be deemed conditions of
approval of the licensing decision and may be
enforced in the same manner as any term or condi-
tion of the permit or enforced in any matter specif-
ically prescribed by the city. Failure to comply
with the designated mitigation measures shall be
grounds for suspension and/or revocation of any
license issued.
(8) If the city's tentative decision on a permit or
approval does not include mitigation measures that
were incorporated in mitigated DNS for the pro-
posal, the city should evaluate the threshold deter-
mination to assure consistency with WAC 197-11-
340(3)(a) relating to the withdrawal of a DNS.
(9) The city's written response under subsec-
tion (3) of this section shall not be construed as a
determination of significance. In addition, prelimi-
nary discussion of clarification or changes to a pro-
posal, as opposed to a written request for early
notice, shall not bind the city to consider the clari-
fications or changes in its threshold determination.
(Ord. 1774 § 2(14), 1999).
14.04.150 Optional DNS process.
(1) If the responsible official has a reasonable
basis for determining that significant adverse envi-
ronmental impacts are unlikely, the responsible
official may elect to use the single integrated com-
ment period set forth in this section. If this process
is used, a second comment period will typically not
be required when the DNS is issued.
(2) If the optional process set forth in this sec-
tion is used, the responsible official shall:
(a) State on the first page of the notice of
application that it expects to issue a DNS for the
proposal, and that:
(i) The optional DNS process is being
used;
(ii) This may be the only opportunity to
comment on the environmental impacts of the pro-
posal;
14-7 (Revised 12/99)
14.04.160
(iii) The proposal may include mitiga-
tion measures under applicable codes, and the
project review process may incorporate or require
mitigation measures regardless of whether an EIS
is prepared; and
(iv) A copy of the subsequent threshold
determination for the specific proposal may be
obtained upon request (in addition, the city may
maintain a general mailing list for threshold deter-
mination distribution);
(b) List in the notice of application the con-
ditions being considered to mitigate environmental
impacts, if a mitigated DNS is expected;
(c) Comply with the requirements for a
notice of application and public notice; and
(d) Send the notice of application and envi-
ronmental checklist to:
(i) Agencies with jurisdiction, the
Department of Ecology, affected tribes, and each
local agency or political subdivision whose public
services would be changed as a result of implemen-
tation of the proposal; and
(ii) Anyone requesting a copy of the
environmental checklist for the specific proposal
(in addition, the city may maintain a general mail-
ing list for checklist distribution).
(3) If the responsible official indicates on the
notice of application that a DNS is likely, an
agency with jurisdiction may assume lead agency
status during the comment period on the notice of
application in accordance with WAC 197-11-940
and 197-11-948.
(4) The responsible official shall consider
timely comments on the notice of application and
either:
(a) Issue a DNS or mitigated DNS with no
comment period using the procedures in subsection
(5) of this section;
(b) Issue a DNS or mitigated DNS with a
comment period using the procedures in subsection
(5) of this section, if the responsible official deter-
mines a comment period is necessary;
(c) Issue a DS; or
(d) Require additional information or stud-
ies prior to making a threshold determination.
(5) If a DNS or mitigated DNS is issued under
subsection (4)(a) or (b) of this section, the respon-
sible official shall send a copy of the DNS or miti-
gated DNS to the Department of Ecology, agencies
with jurisdiction, those who commented, and any-
one requesting a copy. A copy of the environmen-
tal checklist need not be recirculated. (Ord. 1774 §
2(15), 1999).
14.04.160 Consistency.
The city's environmental review shall include a
determination of the proposal's consistency with
existing development regulations and the compre-
hensive plan. The consistency review shall deter-
mine whether the impacts of the proposal have
been addressed in development regulations or the
comprehensive plan. The planning decisions made
in these documents shall not be reanalyzed in the
environmental review of individual project propos-
als, nor will additional studies or mitigation be
required if existing regulations and documents
have adequately addressed the proposal's probable
adverse impacts. (Ord. 1774 § 2(16), 1999).
14.04.170 Environmental impact statement
(EIS) — Adoption by reference.
The city adopts the following sections of Chap-
ter 197-11 WAC, as now existing or hereinafter
amended, by reference as supplemented by this
chapter:
WAC
197-11-400
Purpose of EIS.
197-11-402
General requirements.
197-11-405
EIS types.
197-11-406
EIS timing.
197-11-408
Scoping.
197-11-410
Expanded scoping.
197-11-420
EIS preparation.
197-11-425
Style and size.
197-11-430
Format.
197-11-435
Cover letter or memo.
197-11-440
EIS contents.
197-11-442
Contents of EIS on nonproject
proposals.
197-11-443
EIS contents when prior
nonproject EIS.
197-11-444
Elements of the environment.
197-11-448
Relationship of EIS to other
considerations.
197-11-450
Cost -benefit analysis.
197-11-455
Issuance of DEIS.
197-11-460
Issuance of FEIS.
(Ord. 1774 § 2(17), 1999).
(Revised 12/99) 14-8
Port Orchard Municipal Code
14.04.200
14.04.180 EIS — Preparation.
(1) Preparation of draft and final E1Ss and
SEISs shall be under the direction of the responsi-
ble official. Before the city issues an EIS, the
responsible official shall be satisfied that it com-
plies with this chapter and Chapter 197-11 WAC.
(2) The draft and final EIS or SEIS shall be pre-
pared, at the city's option by the city staff, the
applicant or by a consultant approved by the city. If
the responsible official requires an EIS for a pro-
posal and determines that someone other than the
city will prepare the EIS, the responsible official
shall notify the applicant immediately after com-
pletion of the threshold determination. The respon-
sible official shall also notify the applicant of the
city's procedure for EIS preparation, including
approval if the draft and final EIS prior to distribu-
tion. The fee for the preparation of a draft and final
EIS shall be as established by the city council. Sub-
ject to delays caused by the applicant's failure to
provide needed information, and other delays
beyond the city's control, draft and final EISs will
be completed within one year of the date of the dec-
laration of significance, unless the city and the
applicant agree in writing to a different estimated
time period for completion.
(3) The city may require an applicant to provide
additional information, which the city does not
possess, including information, which must be
obtained by specific investigations. This provision
is not intended to expand or limit an applicant's
other obligations under WAC 197-11400, or other
provisions of regulation, statute or ordinance. An
applicant shall not be required to produce informa-
tion under this provision which is not specifically
required by this chapter, nor is the applicant
relieved of the duty to supply any other informa-
tion required by statute, regulation or ordinance.
(Ord. 1774 § 2(18), 1999).
14.04.190 EIS — Commenting — Adoption by
reference.
The city adopts the following sections of Chap-
ter 197-11 WAC, as now existing or hereinafter
amended, by reference as supplemented in this
chapter:
WAC
197-11-500 Purpose of this part.
197-11-502 Inviting comment.
197-11-504
Availability and cost of
environmental documents.
197-11-508
SEPA register.
197-11-535
Public hearings and meetings.
197-11-545
Effect of no comment.
197-11-550
Specificity of comments.
197-11-560
FEIS response to comments.
197-11-570
Consulted agency costs to assist
lead agency.
(Ord. 1774 § 2(19), 1999).
14.04.200 Public notice.
Whenever the city issues a threshold determina-
tion, or EIS requiring public notice, the city shall
give public notice of the determination or the avail-
ability of the environmental documents and
whether any public hearing will be held as follows:
(1) Threshold Determination Notice. Public
notice will be given on the following situations:
(a) DNS involving another agency with
jurisdiction;
(b) DNS involving demolition of any struc-
ture or facility not exempted by WAC 197-11-800
(2)(f) or WAC 197-11-880;
(c) DNS involving issuance of clearing or
grading permits not exempted under WAC Part
Nine — Categorical Exemptions;
(d) DNS under WAC 197-11-350(2), Early
Notice;
(e) DNS under WAC 197-11-350(3), Miti-
gated DNS;
(f) DNS under WAC 197-11-360(4),
Change from DS to DNS;
(g) DS for scoping purposes;
(h) Availability of a DEIS.
(2) Type of Notice. Under subsection (1) of this
section, notice will be given as follows:
(a) SEPA register;
(b) Publication in the official newspaper for
the city of Port Orchard.
(3) Public Hearing. Whenever a public hearing
is held notice shall be given. Such notice shall pre-
cede the hearing by at least 15 days.
(4) Type of Notice. Under subsection (3) of this
section, notice will be given as follows:
(a) Posting on or near the property or publi-
cation in the official newspaper of the city of Port
Orchard for site specific proposals;
14-9 (Revised 12/99)
14.04.210
(b) Mailing to property owners within 300
feet for site specific proposals. (Ord. 1774 § 2(20),
1999).
14.04.210 Designation of official to perform
consulted agency responsibilities.
(1) The responsible official shall be responsible
for preparation of written documents for the city in
response to a consultation request prior to a thresh-
old determination, participation in scoping and
reviewing of a draft EIS.
(2) The responsible official shall be responsible
for the city's compliance with WAC 197-11-550
whenever the city is a consulted agency and is
authorized to develop operating procedures that
will ensure that responses to consultation requests
are prepared in a timely fashion and include data
from all appropriate departments of the city. (Ord.
1774 § 2(21), 1999).
14.04.220 Using existing environmental
documents — Adoption by reference.
The city adopts the following sections of Chap-
ter 197-11 WAC as now existing or hereinafter
amended, by reference:
WAC
197-11-600
When to use existing
environmental documents.
197-11-610
Use ofNEPA documents.
197-11-620
Supplemental environmental
impact statements.
197-11-625
Addenda — Procedures.
197-11-630
Adoption — Procedures.
197-11-635
Incorporation by reference —
Procedures.
197-11-640
Combining documents.
(Ord. 1774 § 2(22), 1999).
14.04.230 SEPA decisions — Adoption by
reference.
The city adopts the following sections of Chap-
ter 197-11 WAC, as now existing or hereinafter
amended, by reference:
1vky.,T �
197-11-650 Purpose of this part.
197-11-65 5 Implementation.
197-11-660 Substantive authority and
mitigation.
197-11-680 Appeals.
197-11-700 Definitions.
(Ord. 1774 § 2(23), 1999).
14.04.240 SEPA decisions.
For nonexempt proposals, the DNS or EIS for
the proposal shall accompany the city staff s
report. If a final EIS is or becomes available, it
shall be substituted for the draft. (Ord. 1774 §
2(24), 1999).
14.04.250 SEPA — Policies.
(1) The policies and goals set forth in this chap-
ter are supplementary to those in the existing
authorization of the city.
(2) The city adopts by reference the policies in
the following city codes, ordinances, resolutions
and plans, as now existing or hereinafter amended,
as a possible basis for the exercise of substantive
authority in the conditioning or denying of propos-
als:
(a) Chapter 43.21C RCW, State Environ-
mental Policy Act.
(b) The city of Port Orchard zoning ordi-
nance.
(c) The city of Port Orchard comprehensive
plan.
(d) The city of Port Orchard shoreline mas-
ter program.
(e) Six -year street program.
(f) Comprehensive water plan.
(g) Comprehensive sewer plan. (Ord. 1774
§ 2(26), 1999).
14.04.260 Appeals.
(1) SEPA appeals shall be limited to review of
final threshold determinations, the adequacy of
final environmental impact statements, mitigation
or failure to mitigate environmental impacts, and
project denials. Appeals of declarations of nonsig-
nificance, EIS adequacy, mitigation and project
denial and open record public hearings for the
underlying permit(s) shall be consolidated and
heard together. Declarations of significance, issued
before a decision on the underlying permit(s), may
be appealed and heard before the consolidated
open record public hearing on the permit and other
SEPA issues.
(2) All SEPA appeals must be filed in writing
with the responsible official within 14 calendar
(Revised 12/99) 14-10
Port Orchard Municipal Code
14.04.280
days after notice of a final decision is issued other
notice that the decision has been made and is
appealable; provided, that in order to allow public
comment on a DNS prior to requiring an appeal to
be filed, this appeal period shall be extended for an
additional seven days. The hearing date for appeals
of declarations of significance issued before a deci-
sion on the permit shall be not more than 45 days
from the date the appeal is filed.
(3) On receipt of a written notice of appeal, the
responsible official shall determine if the notice is
timely. If the notice is untimely, the responsible
official shall advise the person(s) who filed the
notice that no appeal hearing will be scheduled
because the notice was untimely. If the appeal is
timely, the responsible official shall set a hearing
date and transmit the appeal notice to the city coun-
cil.
(4) The city council decision on threshold
determinations and EIS adequacy shall be the final
decision of the city. Appeals of the hearing exam-
iner's decision on these issues shall be filed in the
Kitsap County superior court.
(5) Appeals to the city council of SEPA mitiga-
tion and project denial appeals shall be consoli-
dated with decisions subject to city council review.
Decisions not subject to city council review may
not be appealed to the city council as part of a
SEPA mitigation or project denial appeal. The city
council may reverse or modify the decision of the
responsible official.
(6) The city council's decision on project miti-
gation or denial, and the underlying permits, shall
be the final decision of the city. Appeals of the city
council's decision shall be filed in the Kitsap
County superior court.
(7) If a time limit is established by statute or
ordinance for commencing a judicial appeal of the
project permit, the responsible official shall give
official notice of the date and place for commenc-
ing the appeal. The notice shall include:
(a) Notice that any SEPA issues must be
appealed within the time limit set by statute or ordi-
nance for appealing the underlying governmental
action;
(b) The time limit for commencing the
appeal of the underlying governmental action and
SEPA issues, and the statute or ordinance estab-
lishing the time limit; and
(c) Where the appeal may be filed. Written
notice shall be provided to the applicant, all parties
to any administrative appeal, and all persons who
have requested notice of decisions concerning the
project. Such notice may be appended to the per-
mit, the decision documents, the SEPA compliance
documents, or may be printed separately.
(8) The time limitations and procedures for
judicial appeals of decisions in this section shall be
as set forth in WAC 197-11-680(4). Only a party to
the proceeding appealed from may appeal the deci-
sions set forth above. (Ord. 1774 § 2(27), 1999).
14.04.270 Notice/statute of limitations.
The city, applicant for, or proponent of an action
may publish a notice of action pursuant to RCW
43.21C.080 for any action. (Ord. 1774 § 2(28),
1999).
14.04.280 Definitions — Adoption by reference.
The city adopts the following sections of Chap-
ter 197-11 WAC, as now existing or hereafter
amended, by reference, as supplemented in this
chapter:
WAC
197-11-700
Definitions.
197-11-702
Act.
197-11-704
Action.
197-11-706
Addendum.
197-11-708
Adoption.
197-11-710
Affected tribe.
197-11-712
Affecting.
197-11-714
Agency.
197-11-716
Applicant.
197-11-718
Built environment.
197-11-720
Categorical exemption.
197-11-721
Closed record appeal.
197-11-722
Consolidated appeal.
197-11-724
Consulted agency.
197-11-726
Cost -benefit analysis.
197-11-728
County/city.
197-11-730
Decision maker.
197-11-732 Department.
197-11-734 Determination of nonsignificance.
197-11-736 Determination of significance.
197-11-738 EIS.
197-11-740
Environment.
197-11-742
Environmental checklist.
197-11-744
Environmental document.
197-11-746
Environmental review.
197-11-750
Expanded scoping.
197-11-752
Impacts.
14-11 (Revised 12/99)
14.04.290
197-11-754
Incorporation by reference.
197-11-756
Lands covered by water.
197-11-758
Lead agency.
197-11-760
License.
197-11-762
Local agency.
197-11-764
Major action.
197-11-766
Mitigated DNS.
197-11-768
Mitigation.
197-11-770
Natural environment.
197-11-772
NEPA.
197-11-774
Nonproj ect.
197-11-775
Open record hearing.
197-11-776
Phased review.
197-11-778
Preparation.
197-11-780
Private project.
197-11-782
Probable.
197-11-784
Proposal.
197-11-786
Reasonable alternative.
197-11-788
Responsible official.
197-11-790
SEPA.
197-11-792
Scope.
197-11-793
Scoping.
197-11-794
Significant.
197-11-796
State agency.
197-11-797
Threshold determination.
197-11-799
Underlying governmental action.
(Ord. 1774 § 2(29), 1999).
14.04.290 Compliance with SEPA — Adoption
by reference.
The city adopts the following sections of Chap-
ter 197-11 WAC, as now existing or hereinafter
amended by reference as supplemented in this
chapter:
WAC
197-11-900
Purpose of this part.
197-11-902
Agency SEPA policies.
197-11-908
Critical areas.
197-11-916
Application to ongoing actions.
197-11-920
Agencies with environmental
expertise.
197-11-922
Lead agency rules.
197-11-924
Determining the lead agency.
197-11-926
Lead agency for governmental
proposals.
197-11-928
Lead agency for public and
private proposals.
197-11-930
Lead agency for private projects
with one agency with jurisdiction.
197-11-932
Lead agency for private projects
requiring licenses from more than
one agency, when one of the
agencies is a county/city.
197-11-934
Lead agency for private projects
requiring licenses from a local
agency, not a county/city, and one
or more state agencies.
197-11-936
Lead agency for private projects
requiring licenses from more than
one state agency.
197-11-938
Lead agencies for specific
proposals.
197-11-940
Transfer of lead agency status to a
state agency.
197-11-942
Agreements on lead agency status.
197-11-944
Agreements on division of lead
agency duties.
197-11-946
DOE resolution of lead agency
disputes.
197-11-948
Assumption of lead agency status.
(Ord. 1774 § 2(30), 1999).
14.04.300 Critical areas.
The following are adopted as critical areas, in
accordance with WAC 197-11-908:
(1) Wetlands identified and defined pursuant to
the city of Port Orchard wetland management ordi-
nance. (Ord. 1774 § 2(31), 1999).
14.04.310 Fees.
The city shall require fees for its activities in
accordance with the provisions of this chapter.
(Ord. 1774 § 2(32), 1999).
14.04.320 Forms — Adoption by reference.
The city adopts the following forms and sections
of Chapter 197-11 WAC, as now existing or here-
in after amended, by reference:
WAC
197-11-960 Environmental checklist.
197-11-965 Adoption notice.
197-11-970 Determination of nonsignificance
(DNS).
197-11-980 Determination of significance and
scoping notice (DS).
(Revised 12/99) 14-12
Port Orchard Municipal Code
14.04.320
197-11-985 Notice of assumption of lead
agency status.
(Ord. 1774 § 2(33), 1999).
14-13
(Revised 12/99)
Port Orchard Municipal Code
15.12.010
Chapter 15.08
PLUMBING CODE
Sections:
15.08.010 Adoption of the Uniform Plumbing
Code.
15.08.020 Penalty for violation.
15.08.010 Adoption of the Uniform Plumbing
Code.
The 1997 Edition of the International Associa-
tion of Plumbing and Mechanical Officials' Uni-
form Plumbing Code is adopted by reference
pursuant to the provisions of RCW 35.21.180 as
the official plumbing code of the city. One copy of
such code is on file in the office of the city clerk.
The building official shall be the administrative
authority as referenced in the plumbing code. (Ord.
1727 § 2, 1998).
15.08.020 Penalty for violation.
Any person, firm or corporation violating any
provisions of this code shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall
be punishable by a fine not to exceed $300.00 or by
imprisonment for a term not to exceed 90 days, or
by both fine and imprisonment. Each separate day
or any portion thereof during which any violation
of this code occurs or continues shall be deemed to
constitute a separate offense and, upon conviction
thereof, shall be punishable as provided in this sec-
tion. (Ord. 1727 § 3, 1998).
Chapter 15.12
FIRE PREVENTION CODE
Sections:
15.12.010
Uniform Fire Code, 1997 Edition,
adopted.
15.12.020
Enforcement.
15.12.030
Definitions.
15.12.040
District limits for storage of flammable
and combustible liquids, liquefied
petroleum gases, and explosives.
15.12.050
Permit for brush and refuse.
15.12.060
Modifications or variances.
15.12.070
Appeals.
15.12.080
Violations.
15.12.090
Conflict with provisions.
15.12.100
Establishment and duties of bureau of
fire prevention.
15.12.110
New materials, processes or
occupancies which may require
permits.
15.12.120
State of Washington Uniform
Complaint/Citation System.
15.12.130
Schedule of bails.
15.12.140
Smoke detection devices in dwelling
units.
15.12.150
Automatic fire sprinklers.
15.12.010 Uniform Fire Code, 1997 Edition,
adopted.
Pursuant to RCW 35.21.180 there is adopted by
the council of the city for the purpose of prescribing
regulations governing conditions hazardous to life
and property from fire or explosion, that certain
code known as the Uniform Fire Code, 1997 Edi-
tion, including amendments and additions thereto,
as adopted by the International Conference of
Building Officials and the Western Fire Chiefs
Association of which code one copy has been and
now is filed in the office of the city clerk, and the
code is adopted and incorporated as fully as if set
forth at length therein, and from the effective date
of the ordinance codified in this section, and the
provisions thereof shall be controlling within the
limits of the city, except the following: (105.8) A.1,
A.2, A.3, A.4, A.5, B.1, B.2, C.1, C.3, CA, C.5, C.6,
C.7, C.8, C.9, D.1, D.2, F.1, F.3.1, F.3.2, F.3.2.1,
F.3.2.2, F.3.3, F.3.4, F.3.5, F.3,6, F.3.7, F.4, F.5,
H.1, H.2, H.3, H.3.1, H.3.2, H.3.3, H.3.4, 1.1.1,
1.1.2, 1.2.1, 1.3, M.1, M.2, M.3, 0.2, 0.3, P.1, P.2,
15-5 (Revised 12/99)
15.12.020
R.1, R.2, R.3, 5.1, T.1, T.2, W.1. The deletions are
permit requirements only. (Ord. 1726 § 2, 1998).
15.12.020 Enforcement.
The codes hereby adopted or now in effect shall
be enforced by the fire authority. (Ord. 1726 § 3,
1998).
15.12.030 Definitions.
(1) Whenever "municipality" is used in the
Uniform Fire Code, it means the city of Port
Orchard.
(2) Whenever "inspector of the fire depart-
ment" or "bureau of fire prevention" is used in the
Uniform Fire Code, it means fire authority.
(3) Whenever "corporation counsel" is used in
the code, it means the city attorney.
(4) Whenever "police department" is used in
the code, it means the city police department.
(5) Whenever "chief of the bureau of fire pre-
vention" is used in the code, it means fire authority.
(Ord. 1726 § 4, 1998).
15.12.040 District limits for storage of
flammable and combustible liquids,
liquefied petroleum gases, and
explosives.
The limits referred to in Article 79 of the fire pre-
vention code in which storage of flammable and
combustible liquids in outside aboveground storage
tanks is prohibited, the limits referred to in Article
82 of the fire prevention code in which bulk storage
of liquefied petroleum gas is restricted, and the lim-
its referred to in Article 77 of the fire prevention
code, in which storage of explosives and blasting
agents is prohibited, are established as follows:
Beginning at the intersection of the outer harbor
line and the west boundary of the city; thence
southerly along the west boundary to the south-
erly margin of Bay Street thence northeasterly
along the southerly margin to the projected cen-
terline of alley in Block 2, original plat of Sidney;
thence east along the centerline of the alley to
the intersection with the centerline at Cline
Street; thence north to the centerline of the alley
in Block 7, original plat of Sidney; thence east
to the centerline of Austin Avenue; thence north
to the centerline of Kitsap Street; thence east to
the centerline of Seattle Street; thence north to
a point two hundred feet south of the centerline
of Bay Street; thence parallel to the centerline
of Bay Street easterly to the centerline of Black-
jack Creek to the west line of Maple Street Wa-
terway projected southerly; thence northerly
along the west line of Maple Street Waterway to
the outer harbor line; thence southwesterly
along the outer harbor line to the point of begin-
ning.
(Ord. 1726 § 5, 1998).
15.12.050 Permit for brush and refuse.
It is prohibited to burn brush, refuse, debris, dry
grass, bracken or undergrowth within the city lim-
its of the city, unless a permit therefor is first
obtained from the fire authority, who is authorized
to issue the same and to supervise such fires. (Ord.
1726 § 6, 1998).
15.12.060 Modifications or variances.
The fire authority shall have power to modify
any of the provisions of the codes hereby adopted
or now in effect upon application in writing by the
owner or lessee, or his duly authorized agent, when
there are practical difficulties in the way of carry-
ing out the strict letter of the codes; provided, that
the spirit of the codes shall be observed, public
safety secured, and substantial justice done. The
particulars of such modification when granted or
allowed and the decision of the fire authority
thereon shall be entered upon the records of the fire
authority and a signed copy shall be furnished the
applicant. (Ord. 1726 § 7, 1998).
15.12.070 Appeals.
Whenever the fire authority shall disapprove an
application or refuse to grant a permit applied for,
or when it is claimed that the provisions of the
codes do not apply or that the true intent and mean-
ing of the codes have been misconstrued or
wrongly interpreted, the applicant may appeal from
the decision of the fire authority within 30 days
from the date of the decision appealed. (Ord. 1726
§ 8, 1998).
15.12.080 Violations.
(1) Any person who shall violate any of the pro-
visions of the codes hereby adopted or fail to com-
ply therewith, or who shall violate or fail to comply
with any order made thereunder, or who shall build
in violation of any detailed statement of specifica-
tions or plans submitted thereunder, and from
which no appeal has been taken, or who shall fail
to comply with such an order as affirmed or modi-
(Revised 12/99) 15-6
Port Orchard Municipal Code
15.12.130
UFC Section
Offense
Bail
8004.3.8
Dispensing Services
50.00
1107
Heating Equipment
50.00
209
Heating Equipment
50.00
5202.7
Heating Equipment
50.00
6106
Heating Equipment
50.00
Article 79
Drainage and Waste Disposal
50.00
Article 80
Drainage and Waste Disposal
50.00
Article 10
Fire Protection
50.00
Article 79
Housekeeping
50.00
Article 80
Housekeeping
50.00
7901.7.2
Housekeeping
50.00
4607
Housekeeping
50.00
4901.5.5
Housekeeping
50.00
Article 10
Fire Protection
50.00
216
Occupancy Requirements
75.00
2501.16
Occupancy Requirements
75.00
7903.2.3.4.2
Occupancy Requirements
75.00
7902.1.12
Occupancy Requirements
75.00
2603.3
Occupancy Requirements
75.00
4502
Occupancy Requirements
75.00
8004.2.2.2
Occupancy Requirements
75.00
1107.1
Occupancy Requirements
75.00
8504
Occupancy Requirements
75.00
3603.13.2
Solvent Containers, Tanks and Transferring Equipment
75.00
Article 36
Dry -Cleaning Units
50.00
7903.2.1.3
Bonding and Grounding
50.00
7904.6.3.12
Bonding and Grounding
50.00
7904.6.3.13
Bonding and Grounding
50.00
7904.7.3
Scouring, Brushing and Spotting
50.00
3603.1.3
Scouring, Brushing and Spotting
50.00
7901
Fire Protection
50.00
Article 10
Fire Protection
50.00
1109
Smoking
50.00
7904.4.7
Smoking
50.00
Article 80
Oxidizing Materials
50.00
Article 80
Radioactive Materials
50.00
Article 80
Reactive and Unstable Liquids
50.00
Article 80
Highly Toxic Materials
50.00
Article 80
Poisonous Gases
50.00
Article 80
Storage Cabinets for Hazardous Materials
50.00
15-13
(Revised 12/99)
15.12.140
UFC Section
Offense
Bail
206
Automatic Fire -Extinguishing Systems
50.00
8102
Automatic Fire -Extinguishing Systems
50.00
8103
Automatic Fire -Extinguishing Systems
50.00
8802
Automatic Fire -Extinguishing Systems
50.00
8803
Automatic Fire -Extinguishing Systems
50.00
8101
Aisles
50.00
8802
Aisles
50.00
2501
Aisles
50.00
1204
Aisles
50.00
3504
Aisles
50.00
2502
Aisles
50.00
8203
Installation of Equipment
50.00
8208
Smoking and Open -flame Devices
50.00
8209
Clearances of Combustibles
50.00
8213
Abandonment of Liquefied Petroleum Gas Equipment
50.00
7902.3.5
Projection Equipment
50.00
Article 84
Projection Equipment
50.00
(Ord. 1726 § 14, 1998).
15.12.140 Smoke detection devices in dwelling
units.
(1) RCW 48.48.140 is adopted by reference.
(2) Smoke Detection Devices in Dwelling
Units — Penalty.
(a) Smoke detection devices shall be
installed inside dwelling units:
(i) Occupied by persons other than the
owner on and after December 31, 1981; or
(ii) Built or manufactured in this state
after December 31, 1980.
(b) The smoke detection devices shall be
designed, manufactured and installed inside dwell-
ing units in conformance with:
(i) Nationally accepted standards, and
UBC;
(ii) As provided by the Administrative
Procedure Act, Chapter 34.04 RCW, rules and reg-
ulations promulgated by the State Fire Marshal.
(c) Installation of smoke detection devices
shall be the responsibility of the owner. Mainte-
nance of smoke detection devices shall be the
responsibility of the tenant, who shall maintain the
device as specified by the manufacturer. At the
time of a vacancy, the owner shall insure that the
smoke detection device is in operation prior to the
reoccupancy of the dwelling unit.
(d) Any owner or tenant failing to comply
with this section shall be punished by a fine of not
more than $50.00.
(e) For the purposes of this section:
(i) "Dwelling unit" means a single unit
providing complete, independent living facilities
for one or more persons including permanent pro-
visions for living, sleeping, eating, cooking, and
sanitation; and
(ii) "Smoke detection device" means an
assembly incorporating in one unit a device which
detects visible or invisible particles of combustion,
the control equipment, and the alarm sounding
device, operated from a power supply either in the
unit or obtained at the point of installation. (Ord.
1726 § 15, 1998).
15.12.150 Automatic fire sprinklers.
(1) This section shall apply to the following:
(a) New residential structures which have
been issued a city of Port Orchard building permit
after September 28, 1999, and have an area of
5,000 square feet or more, or which provide for
four or more dwelling units.
(Revised 12/99) 15-14
Port Orchard Municipal Code
15.12.150
(b) Additions or remodels to established
residential structures which have been issued a city
of Port Orchard building permit after September
28, 1999, and will have a total floor area of 5,000
square feet or more when completed.
(2) Any residential structure identified in sub-
section (1) of this section shall have an automatic
fire sprinkler system installed throughout the struc-
ture as approved by the city fire marshal.
(3) Unless specifically approved by the city
council, the use of area separation walls shall not
be used in lieu of the automatic sprinkler require-
ment.
(4) The property owner is responsible for main-
taining the automatic fire sprinkler system to a
standard established by the city fire marshal. (Ord.
1767, 1999).
15-14.1 (Revised 12/99)
This page left intentionally blank.
(Revised 12/99) 15-14.2
Port Orchard Municipal Code
Ordinance Table
764 Annexation (Special)
765 Approving assessments LID 61 (Special)
766 Special election on tax levy (Special)
767 Construction, maintenance of streets (Spe-
cial)
768 Special election on tax levy (Special)
769 Adopts 1967 budget (Special -Expired)
770 Amends § 26 of Ord. 698, delinquent sew-
age charges (Repealed by 1456)
771 Authorizes city clerk to combine city ser-
vice charges (Not codified)
772 Adopts codification of ordinances (1.04)
773 Amends Div. 1, § 2 of Ord. 17, petit larceny
(Repealed by 1125)
774 Repeals Ords. 314, 336 § 1, 342 § 1 and 356
§ 1 (Repealer)
775 Amends § 107 of Ord. 694, schedule IV -
secondary arterial (Repealed by 1152)
776 Prohibits parking in specified places (Re-
pealed by 1152)
777 Establishes salary schedule, repeals Ord.
745 (Repealed by 793)
778 Time limit for parking on streets (Repealed
by 1152)
779 Vacates portion of unnamed street (Tables)
780 Vacates portion of unnamed street (Tables)
781 Amends §§ 16 and 17 of Ord. 507, travel-
ing rates; repeals §§ 16(part), 15A, 1513,
15C, 15D, 15E, 15F of Ord. 507 (5.56)
782 Creates traffic violations bureau (10.80)
783 Amends Ord. 694, traffic (Repealed by
1152)
784 Provides penalty for working without li-
cense when required (Repealed by 1665)
785 Amends Div. 1, § 1 of Ord. 17, disorderly
conduct (Repealed by 1125)
786 Amends Div. 1, § 6 of Ord. 17, disturbing
the peace (Repealed by 1125)
787 Amends Art. III, § 1 of Ord. 711, plumbing
permit fees (Repealed by 1052)
788 Amends § 1 of Ord. 737 and § 2 of Ord.
762, uniform building code (Repealed by
1677)
789 Empowers peace officers to close designat-
ed areas during calamities (9.40)
790 Authorizes calling special election (Spe-
cial)
791 Authorizes calling special election (Spe-
cial)
792 Adopts 1968 budget (Special)
793 Adopts salary schedule, repeals Ord. 777
(Repealed by 813)
794 Amends § 1 (6) of Ord. 785, disorderly
conduct (Repealed by 1125)
795 Additions and betterments to water system
and provides for issuance of bonds (Spe-
cial)
796 Designates snow route (Repealed by 1773)
797 Establishes city library (2.26)
798 Franchise to Puget Sound Power & Light
Company, repeals Ord. 492 (Expires 1993)
(Repealed by 1357)
799 Additions, betterments to water system
(Special)
800 Amends §§ 1, 3, 4, adds §§ 15.12.015,
15.12.090, 15.12.100 (Repealed by 1678,
1698)
801 Amends § IV of Ord. 667 and §§ 26, 31 of
Ord. 698, sewer regulations (Repealed by
1456)
802 Amends § 2 of Ord. 693, dog license fee
(Repealed by 1607)
803 Additions, betterments to water system,
bonds (Special)
804 Sewer improvements LID 62 (Special)
805 Amends § 107 of Ord. 694, arterial streets
(Repealed by 1152)
806 Additions, betterments to water system
(Repealed by 823)
807 Water mains, fire hydrants LID 63 (Re-
pealed by 813)
808 Prohibits sale, use of solvents containing
toxic fumes (Repealed by 1565)
809 Adopts salary schedule, amends § 1 of Ord.
793 (Special)
810 Authorizes calling special election (Spe-
cial)
811 Adopts 1969 budget (Special)
812 Amends Ord. 804, sewer improvement
(Special)
813 Repeals Ord. 807, water mains, fire hy-
drants (Special)
814 Establishes salary schedule, repeals Ord.
793 (Repealed by 843)
815 Authorizes calling special election (Spe-
cial)
816 Amends §§ 1, 3, adds § 4 to Ord. 667, water
rates (Repealed by 1456)
817 Amends §§ 19, 22, 24, 25, 26 of Ord. 698,
sewer rates (Repealed by 1456)
B-11 (Revised 12/99)
Ordinance Table
818 Repeals § 4 of Ord. 737, Uniform Building
Code (Repealed by 1677)
819 Amends § 99 of Ord. 694, adds §
10.40.070, traffic (Repealed by 1152)
820 Approves assessments, LID 63 (Special)
821 Cable television franchise, repeals Ord.
747 (5.72)
822 Volunteer firemen compensation (Re-
pealed by 1710)
823 Additions, betterments to water system,
bonds, repeals Ord. 803 (Special)
824 Food service establishment (Repealed by
1193)
825 Additions, betterments to waterworks sys-
tem, bonds (Special)
826 Repeals § 4 of Ord. 813, LID 63 (Special)
827 Repeals Ord. 752, Standard Oil franchise
(Repealer)
828 Amends § 1 of Ord. 720, mobile home, ve-
hicle (Repealed by 1615)
829 Establishes LID 64, sewer lines (Special)
830 Annexation (Special)
831 Amends § 6 of Ord. 698, adds § 6.1 of Ord.
698, sewer connection (Repealed by 1456)
832 Establishes sewer construction fund (Spe-
cial)
833 Acquisition of property (Special)
834 Approves assessments, LID 64 (Special)
835 Special election (Special)
836 Amends § 2 of Ord. 796, snow route (Re-
pealed by 1773)
837 Amends Ord. 830, annexation (Special)
838 Defines principal (1.04)
839 Adds Chapter 5.76, garbage collection
franchise (5.76)
840 Amends § 107 of Ord. 694, arterial streets
(Repealed by 1152)
841 Amends Ords. 823 and 825, water and sew-
er revenue bonds (Special)
842 Tax levy for 1970 (Special)
843 Salary schedules for 1970, repeals Ord. 814
(Repealed by 870)
844 Advance travel expense revolving fund
(3.08)
845 False fire alarm (Repealed by 1125)
846 Vacating portion of Kitsap Street (Tables)
847 Amends Ord. 647, garbage collection, rates
and use of sanitary land fill (Repealed by
1725)
848 Expenditure of funds (Special)
849 Disposal of waste by fire (Repealed by
1709, 1725)
850 Vacating portion of Orchard Street (Ta-
bles)
851 Sales or use tax (5.80)
852 Expenditure of funds (Special)
853 Transfer of funds (Special)
854 Repeals Ords. 480, 502, 571, 603 and 763,
licensing of card tables, amusement ma-
chines and devices and trade stimulants
(Repealer)
855 Water and sewer business and occupation
tax (5.84)
856 Establishes LID 65 (Special)
857 Lists and defines positions within police
department (2.16)
858 Amends building code, marquee installa-
tion under LID (Repealed by 927)
859 Assessment for LID 64 (Special)
860 Amends Ord. 842, expenditure of funds
(Special)
861 Street vacation, effective when (12.08)
862 Amends § 17.04.050, mobile home defined
(Repealed by 1615)
863 Vacating portion of Old Hemlock Street
(Tables)
864 LID 64 bonds (Special)
865 Ad valorem tax (Special)
866 Transfer of funds (Special)
867 Amends § 6.04.060, garbage can weight
(Repealed by 1725)
868 Appropriation of funds (Special)
869 Budget for 1971 (Special)
870 Salary schedule for 1971, repeals 843 (Re-
pealed by 890)
871 Filing fee for classification of land (5.88)
872 Appropriation of funds (Special)
873 Amends §§ 2.28.010, 2.28.030, 2.28.040,
2.28.050, 2.28.060, 2.28.090 and 2.28.100,
vacations and sick leave (Repealed by
1467)
874 Warrant issuance (Special)
875 LID 65 assessment (Special)
876 Amends § 15.04.010, building code (Re-
pealed by 1677)
877 Amends § 5.72.010, cable TV (5.72)
878 Amends § 5.60.040, fireworks (Repealed
by 1706)
879 Emergency appropriation (Special)
880 Repeals § 17.40.050, 17.40.060 and
17.40.070, refuse (Repealer)
(Revised 12/99) B-12
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 (Repealed
by 1769)
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 12/99)
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 (Repealed by 1769)
1198 Amends § 13.04.010, water rates (Repealed
by 1456)
1199 Adds §§ 5.80.060 and 5.80.070; amends §§
5.80.020 and 5.80.030; sales or use tax
(5.80)
1200 Amends § 9.16.050, unlawful issuance of
bank check (Repealed by 1565)
1201 Rezone (Special)
1202 Amends §§ 6.04.100, 6.04.110, 6.04.120
and 6.04.125, garbage (Repealed by 1711,
1725)
1203 Amends § 9.36.130, weapons (Repealed by
1565)
1204 Rezone (Special)
1205 Number not used
1206 Adds § 9.32.070 and amends § 9.32.050,
minors and intoxicating liquor (Repealed
by 1565)
1207 Adds Ch. 11.04, vehicle operation (11.04)
1208 Real estate excise tax (Repealed by 1515)
1209 Amends § 9.16.010, assault (Repealed by
1565)
1210 Renumbers § 9.16.050 to 9.28.090, unlaw-
ful issuance of bank check (Repealed by
1565)
1211 Alley vacation (Tables)
1212 Hazardous materials emergency assistance
agreements (Repealed by 1712)
1213 1983 ad valorem taxes (Special)
1214 Amends comprehensive zoning plan (Re-
pealed by 1469)
1215 Alley vacation (Tables)
1216 Amends § 15.04.010 and amends Uniform
Building Code (Repealed by 1677)
1217 Amends § 15.08.020, plumbing code (Re-
pealed by 1343, 1679)
1218 Amends § 15.12.010, fire code (Repealed
by 1557, 1678)
1219 Treasurer's trust and agency fund; repeals
Ch. 3.12 (3.12)
1220 (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 12/99) B-1.8
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 (Repealed by 1774)
1450 and 1495 (Repealed by 1636)
B-23 (Revised 12/99)
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 (Re-
pealed by 1765)
1574 Amends §§ 5.3 (A,1), 5.6 (13,6), 5.7 (13,5)
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 12/99) 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 (Repealed by 1771)
1632 Approves preliminary plat of Aidan Place
subdivision (Special)
1633 Rezone (Special)
1634 Adopts 1995 comprehensive plan (1.12)
1635 Approves preliminary plat of Rockport
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 12/99)
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 12/99) B-26
Port Orchard Municipal Code
Ordinance Table
1745 Water and sewers; repeals Ord. 1707 (Re-
pealed by 1768)
1746 Right-of-way vacation (Tables)
1747 Adopts 1999 budget; tax levy (Special)
1748 Zoning; repeals Ords. 1469, 1508, 1509,
1514, 1516, 1574, 1575, 1621, 1649 and
1667 (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)
1763 Funds transfer (Special)
1764 City office business hours (2.50)
1765 Repeals Ord. 1573 (Repealer)
1766 Amends Ords. 1181 and 1127, joint hous-
ing authority (Not codified)
1767 Fire sprinkler systems (15.12)
1768 Water and sewers; repeals Ord. 1745
(13.04)
1769 Telephone utility business and occupation
tax; repeals Ords. 1180 and 1197 (5.08)
1770 (Pending)
1771 City -owned pier and dock activity; repeals
Ord. 1631 (9.46)
1772 Subdivision approval (Special)
1773 Snow route; repeals Ords. 796 and 836
(10.66)
1774 Environmental policy; repeals Ord. 1568
(14.04)
1775 2000 tax levy (Special)
1776 Applying tattoos to a minor (9.32)
B-27
(Revised 12/99)
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 12/99)
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 office hours
Established 2.50.010
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
Exemptions 9.40.040
Moorage
15-minute limit 9.46.030
hours 9.46.020
Violation, penalty 9.46.050
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 12/99) Index-4
Port Orchard Municipal Code
Fees
Water -sewer capital outlay, debt service and
maintenance and operation
created 3.36.010
purpose 3.36.020
ffm
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 12/99)
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 14.04.310
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
Automatic fire sprinklers 15.12.150
Enforcement 10.60.060
Brush, refuse burning permit 15.12.050
Existing buildings 10.60.050
Bureau of fire prevention established, duties
Location, construction, identification 10.60.020
15.12.100
Parking prohibited 10.60.030
Complaint/citation system 15.12.120
Violation, penalty 10.60.070
Conflict of provisions 15.12.090
Firearms See Weapons, explosives
Definitions
Fireworks
bureau of fire prevention 15.12.030
Enforcement 5.60.080
chief of the bureau of fire prevention 15.12.030
Exploding legal when 5.60.050
corporation counsel 15.12.030
License
inspector of the fire department 15.12.030
issuance, conditions 5.60.020
municipality 15.12.030
required, fee 5.60.010
police department 15.12.030
transferability, number limited 5.60.040
Enforcement 15.12.020
Provisions supplemental to state law 5.60.060
Flammable materials storage 15.12.040
Temporary stands 5.60.030
(Revised 12/99) Index-8
Port Orchard Municipal Code
Natural gas franchise
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;
Tattoos
Contributing to delinquency of 9.32.040
Definitions
abused child 9.32.010
child 9.32.010
delinquent act 9.32.010
dependent child 9.32.010
minor 9.32.010
neglected child 9.32.010
Leaving unattended
defined, unlawful 9.32.050
in automobile 9.32.020
Purchasing, obtaining tobacco 9.32.030
Mobile home parks
See also Mobile homes
Alterations, additions 17.04.080
Animals, pets 17.04.090
Definitions
health officer 17.04.010
mobile home 17.04.010
mobile home park 17.04.010
person 17.04.010
recreational vehicle (RV) 17.04.010
Fire protection 17.04.060
Inspections 17.04.050
Land use compliance 17.04.070
Parking
duration 17.04.100
outside parks, requirements 17.04.030
Permits required 17.04.040
Temporary use permit 17.04.020
Violation, penalty 17.04.110
Mobile homes
See also Mobile home parks
Installation
accessory structures 15.36.060
building site preparation 15.36.040
definitions
factory -built housing 15.36.020
mobile home lot 15.36.020
mobile home park 15.36.020
mobile/manufactured home 15.36.020
recreational vehicle (RV) 15.36.020
single-family dwelling 15.36.020
inspections, compliance 15.36.080
instruction manuals 15.36.070
permits, fees 15.36.030
purpose, intent 15.36.010
requirements, standards 15.36.050
Parking outside of mobile home parks 17.04.030
Model traffic ordinance
Additional provisions 10.04.020
Adopted 10.04.010
Sections not adopted 10.04.030
Motel tax See Transient occupancy tax
Motorcycles See under Vehicles
Municipal court
Established 2.52.010
Judge 2.52.020
Natural gas franchise
Assignment 5.68.170
—N—
Index-11 (Revised 12/99)
Nuisances
Compliance, remedies 5.68.150
Contract 5.68.030
Excavations 5.68.070
Excise tax levied 5.68.160
Forfeiture 5.68.140
Gas distribution system 5.68.040
Granted 5.68.010
Installation, maintenance of service devices 5.68.080
Laying pipe 5.68.050
Maps, plat, records of mains 5.68.110
Meters 5.68.120
Quality, pressure of gas 5.68.090
Rates, conditions of service 5.68.100
Repairs, replacements 5.68.060
Rules, regulations 5.68.130
Term 5.68.020
Noise See Public disturbance noise under Criminal
code; Sound amplifying equipment, loudspeakers
Nuisances
Abatement
by city 9.30.060
by owner, responsible person 9.30.070
enforcement, notice 9.30.050
summary due to imminent danger 9.30.090
Appeal 9.30.080
Definitions
abate 9.30.010
enforcement officer 9.30.010
premises 9.30.010
responsible person 9.30.010
Disposal of diseased animal carcass, penalty 9.30.040
Prohibited conduct 9.30.030
Types designated 9.30.020
Violation, penalty 9.30.100
—P—
Park commission
Board
created, membership 2.24.020
officers, meetings, quorum 2.24.040
powers, duties 2.24.050
terms, vacancies 2.24.030
Budget 2.24.050
Definitions
board 2.24.010
park 2.24.010
Rules, regulations 2.24.050
Parking
See also Traffic; Vehicles
Abandoned vehicle, liability 10.12.050
Aiding, abetting, coercing, committing 10.12.390
Angle 10.12.090
Applicability of provisions 10.12.020
Bicycles 10.12.280
Bus stops, taxicab stands 10.12.250
Buses, taxicabs 10.12.240
Costs, attorney's fees 10.12.380
Definitions
bicycle 10.12.010
bus 10.12.010
bus stop 10.12.010
crosswalk 10.12.010
department 10.12.010
director 10.12.010
holidays 10.12.010
legal owner 10.12.010
loading zone 10.12.010
motor vehicle 10.12.010
official time standard 10.12.010
parking or parking 10.12.010
passenger loading zone 10.12.010
planting strips 10.12.010
police chief or chief of police 10.12.010
police department 10.12.010
police or police officer 10.12.010
private road or driveway 10.12.010
school bus zone 10.12.010
service parking 10.12.010
sidewalk 10.12.010
stand or standing 10.12.010
street 10.12.010
taxicab 10.12.010
taxicab stand 10.12.010
tow truck operator 10.12.010
traffic division 10.12.010
U-turn 10.12.010
vehicle 10.12.010
Disposition of fines, forfeitures 10.12.450
Expired registrations 10.12.150
For purpose of displaying advertising, sale 10.12.160
Habitual offenders 10.12.470
Handicapped permit, violation 10.12.110
Hearings
decision, appeal 10.12.330
explanation of circumstances 10.12.340
request 10.12.310
rules of procedure, counsel 10.12.320
Illegally parked vehicle
citation 10.12.410
presumption of guilt, evidence 10.12.420
Inoperable vehicle 10.12.170
Interpretation 10.12.480
Issue of process 10.12.370
Juror's, witness' pass 10.12.140
Loading zones 10.12.200
Obliterating tire markings 10.12.180
Obstructing traffic 10.12.130
Official misconduct 10.12.460
One-way streets 10.12.230
Passenger loading zones 10.12.190
Penalties
civil 10.12.360
(Revised 12/99) Index-12
Port Orchard Municipal Code Plumbing code
designated 10.12.430
denial, suspension, revocation 5.40.060
general 10.12.400
hearings 5.40.070
monetary 10.12.350
required 5.40.020
payment, late fees 10.12.440
transferability 5.40.080
Permit condition violations 10.12.220
Pledged property
Police car zones 10.12.100
interest rates 5.40.140
Prohibited acts 10.12.060
retaining, inspections 5.40.120
Regulations 10.12.270
sales, documentation 5.40.130
Residential parking permits
Records
community event permits 10.14.050
daily reports 5.40.100
definitions
keeping 5.40.090
community event permit 10.14.020
Stolen property, duties 5.40.110
commuter vehicle 10.14.020
Violations, penalties 5.40.170
guest permit 10.14.020
Payrolls fund
residential area 10.14.020
Created 3.04.030
residential parking permit 10.14.020
Peddlers, hawkers
residential vehicle 10.14.020
See also Temporary vendors
guest permits 10.14.040
Definitions
privileges 10.14.060
hawker 5.44.020
procedures, guidelines 10.14.030
peddler 5.44.010
purpose 10.14.010
License
revocation 10.14.070
fee
violation, penalty 10.14.080
hawker 5.44.050
Restricted, prohibited 10.12.080
peddler 5.44.040
Right-of-way 10.12.260
issuance
Special passes 10.12.140
hawker 5.44.070
Tow -away zones 10.12.210
peddler 5.44.060
Traffic control devices 10.12.070
receipts shown upon demand 5.44.080
Violators
required 5.44.030
contested cases 10.76.100
Permits
designated 10.76.010
See also Specific Permit under Parking
hearing
Billboards, handbills 5.52.030
examiner 10.76.030
Brush, refuse burning 15.12.050
findings 10.76.040
Fire code 15.12.110
notice 10.76.020
Flood damage prevention development 15.38.120
judicial review 10.76.110
Handicapped parking 10.12.110
rules, regulations 10.76.120
Mobile home parks 17.04.040
vehicle immobilization
Mobile homes 15.36.030
authority 10.76.050
RV parks 10.96.010
fee 10.76.070
Sidewalk repair 12.12.030, 12.12.040
procedure, notification 10.76.060
Signs 15.16.040
release 10.76.080
Stormwater management 15.32.030
towing 10.76.090
Streets and sidewalks excavations 12.04.010
Yellow curbs 10.12.120
Personnel See City employees; City officers
Pawnbrokers
Pet shops See Pet shops, animal shelters, boarding
See also Junk dealers
kennels under Animals
Ammunition sales, storage 5.40.160
Planning commission
Definitions
Created 2.20.010
antique 5.40.010
Meetings, records 2.20.050
bullion 5.40.010
Plats submittal 2.20.040
pawnbroker 5.40.010
Powers, duties 2.20.020
Exemption 5.40.040
Quorum 2.20.070
Fixed place of business 5.40.030
Recommendations to council 2.20.030
Hours of operation 5.40.150
Reports to council 2.20.080
License
Plumbing code
application 5.40.050
See also Building code
Index-13 (Revised 12/99)
Police department
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
marquee 15.16.010
monument sign 15.16.010
multiple occupancy complex 15.16.010
murals 15.16.010
off -premises sign 15.16.010
pole sign 15.16.010
political sign 15.16.010
portable sign 15.16.010
projecting sign 15.16.010
reader board 15.16.010
real estate sign 15.16.010
roof sign 15.16.010
sign 15.16.010
sign area 15.16.010
sign height 15.16.010
temporary or special event sign 15.16.010
video billboards 15.16.010
wall sign 15.16.010
Design, construction specifications 15.16.130
Enforcement procedures 15.16.250
Entry way 15.16.190
Exemptions 15.16.030
Height 15.16.120
Illumination 15.16.110
(Revised 12/99) Index-14
Port Orchard Municipal Code
State Environmental Policy Act (SEPA)
Maintenance 15.16.090
Mixed use, commercial, employment districts
15.16.210
Mobile/manufactured home parks 15.16.210
Nonconforming 15.16.220
On -premises requirements 15.16.140
Permit
applications 15.16.060
exemptions 15.16.050
fees 15.16.070
issuance, inspection 15.16.080
required 15.16.040
Political 15.16.160
Portable 15.16.170
Prohibited 15.16.020
Real estate 15.16.150
Residential districts 15.16.210
Temporary, special event 15.16.180
Variances 15.16.240
Violation, penalties 15.16.270
Skateboards See under Vehicles
Smoking in city workplaces
Defacing signs 9.44.040
Definitions
city personnel 9.44.010
city workplace 9.44.010
public business 9.44.010
smoke or smoking 9.44.010
Fines 9.44.050
Liberal construction 9.44.070
Limitations of actions 9.44.060
Notice, supervisor duties 9.44.030
Prohibited 9.44.020
Violation, penalty 9.44.050
Snow routes See under Streets and sidewalks
Sound amplifying equipment, loudspeakers
License required 5.48.020
On streets 5.48.010
Time restrictions 5.48.030
Special initiative procedure
Applicability 5.81.120
Ballots 5.81.090
Election procedure 5.81.070
Notation by clerk 5.81.110
Ordinances
effective date 5.81.100
publication 5.81.080
subject to 5.81.010
Petition
filing, city action 5.81.020
repealing existing ordinance 5.81.030
signatures
insufficient 5.81.050
requirements 5.81.040
Taxpayer's right of action 5.81.060
Special investigative unit fund
Authorization of expenditures 3.72.050
Created 3.72.010
Disbursements 3.72.040
Placement of moneys 3.72.020
Purpose 3.72.030
Special investigative unit imprest fund
Balance maintenance 3.76.020
City purposes only 3.76.030
Created 3.76.010
Speed limits
Decrease 10.08.010
Increase 10.08.020
Stalking See Statutes adopted by reference under
Criminal code
State Environmental Policy Act (SEPA)
See also Flood damage prevention
Appeals 14.04.260
Authority 14.04.010
Categorical exemptions
determination 14.04.100
flexible thresholds 14.04.090
rules adopted 14.04.080
statutes adopted 14.04.060
time estimates 14.04.070
Compliance 14.04.290
Conceptual review 14.04.110
Consistency 14.04.160
Critical areas 14.04.300
Decisions
DNS, EIS to accompany report 14.04.240
statutes adopted 14.04.230
Definitions
additional 14.04.030
adoption by reference 14.04.280
Environmental impact statement (EIS)
commenting 14.04.190
preparation 14.04.180
statutes adopted 14.04.170
Existing documents 14.04.220
Fees 14.04.310
Forms 14.04.320
Lead agency determination 14.04.050
Mitigated DNS 14.04.140
Notice
public, required when 14.04.200
statute of limitations 14.04.270
Optional DNS process 14.04.150
Policies 14.04.250
Responsible official
consulted agency responsibilities 14.04.210
designated 14.04.040
Statutes adopted 14.04.020
Threshold determinations
environmental checklist
completion 14.04.130
Index-15
(Revised 12/99)
Stormwater management
filing 14.04.120
statutes adopted 14.04.060
time estimates 14.04.070
Stormwater management
See also Flood damage prevention; Water
Bonds See Site stabilization
Control methods 15.32.070
Critical drainage areas 15.32.090
Definitions
accepted performance of construction 15.32.020
applicant 15.32.020
basin plan 15.32.020
best management practices (BMPs) 15.32.020
biofiltration/biofilter facilities 15.32.020
bond 15.32.020
city 15.32.020
civil engineer 15.32.020
clearing or land clearing 15.32.020
closed depressions 15.32.020
comprehensive drainage plan 15.32.020
contiguous land 15.32.020
critical drainage area 15.32.020
design storm event 15.32.020
detention facilities 15.32.020
developed site 15.32.020
director 15.32.020
diversion 15.32.020
drainage feature 15.32.020
drainage plan 15.32.020
easement 15.32.020
erosion control design storm 15.32.020
existing stormwater facilities 15.32.020
forested land 15.32.020
geotechnical engineer 15.32.020
geotechnical report 15.32.020
grading 15.32.020
grubbing 15.32.020
hydrograph 15.32.020
hydrograph method 15.32.020
illicit discharge 15.32.020
impervious surface 15.32.020
land -disturbing activity 15.32.020
land use permits and approvals 15.32.020
maintenance 15.32.020
maintenance covenant 15.32.020
maintenance schedule 15.32.020
major development 15.32.020
manual 15.32.020
minor development 15.32.020
nonforestry use 15.32.020
off -site drainage analysis 15.32.020
oil/water separator 15.32.020
operation and maintenance manual 15.32.020
owner 15.32.020
pollution 15.32.020
predevelopment conditions 15.32.020
professional engineer 15.32.020
project engineer 15.32.020
redevelopment 15.32.020
retention facilities 15.32.020
SEPA 15.32.020
shorelines of the state 15.32.020
site development activity 15.32.020
soils engineer 15.32.020
soils investigation report 15.32.020
source control BMP 15.32.020
stormwater 15.32.020
stormwater facility 15.32.020
stormwater quality control 15.32.020
stormwater quantity control 15.32.020
technical deviation 15.32.020
variance 15.32.020
water quality design storm event 15.32.020
wetland 15.32.020
Enforcement 15.32.110
Erosion, sediment control 15.32.050
Facility operation, maintenance 15.32.080
General provisions 15.32.010
Grading 15.32.060
Permits 15.32.030
Site stabilization 15.32.040
Water quality 15.32.100
Streets and sidewalks
Excavations
bond 12.04.130, 12.04.180
disposal of materials 12.04.060
gas service line installation, maintenance 12.04.120
inspection 12.04.140
notice of completion 12.04.170
permit
application 12.04.030
compliance, conditions 12.04.020
contents 12.04.040
fee 12.04.140
filing 12.04.170
required 12.04.010
public works contract exemption 12.04.160
safety devices, barriers 12.04.190
site restoration
failure 12.04.100
required 12.04.080
supervision 12.04.050
trench length 12.04.070
tunneling 12.04.150
vehicular, pedestrian passage 12.04.090
work guarantee 12.04.110
Highway access, statutes adopted by reference
RCW 10.16.010
WAC 10.16.020
Sidewalk maintenance, repair
abatement
by city 12.12.080
(Revised 12/99) Index-16
Port Orchard Municipal Code
Telephone business and occupation tax
by owner, responsible person 12.12.070
notice, violation 12.12.060
summarily, without notice 12.12.100
abutting owner responsible 12.12.030
appeal 12.12.090
damage, injury, liability 12.12.050
defective conditions 12.12.020
definitions
abate 12.12.010
enforcement officer 12.12.010
premises 12.12.010
responsible person 12.12.010
permit required 12.12.030, 12.12.040
relocation 12.12.040
violation, penalty 12.12.110
Snow route
established 10.66.010
impounding vehicles 10.66.030
signs posted 10.66.020
violation, misdemeanor 10.66.040
Vacations
compensation to city 12.08.010
easements 12.08.020
Subdivisions
See also Zoning
Administration 16.04.090
Applicability, jurisdiction 16.04.020
Application for approval 16.04.060
Concomitant agreement 16.04.080
Conflicting provisions 16.04.030
Definitions
alley 16.04.040
city 16.04.040
city council 16.04.040
Comprehensive Plan 16.04.040
cul-de-sac 16.04.040
dedication 16.04.040
final plat 16.04.040
lot 16.04.040
planning commission 16.04.040
plat 16.04.040
preliminary plat 16.04.040
property owner 16.04.040
road 16.04.040
short plat 16.04.040
short subdivision 16.04.040
street 16.04.040
subdivision 16.04.040
Exemptions 16.04.070
Final plat
application 16.04.210
approval, recording 16.04.230
bond 16.04.220
submittal, signing 16.04.220
Preliminary plat
application 16.04.140
file number 16.04.170
filing fee 16.04.160
final action 16.04.190
hearing
city council 16.04.200
planning commission 16.04.180
property owners list 16.04.150
Purpose 16.04.010
Regulations adopted 16.04.050
Short subdivision
application 16.04.100
filing 16.04.120
recording, filing 16.04.110
resubdivision requirements 16.04.130
Time limits 16.04.240
Vacating right-of-way 16.04.250
Violation, penalty 16.04.260
Surface water runoff See Stormwater management
—T—
Tattoos
Applying to minor 9.32.060
Tax See Specific Tax
Taxicabs
See also Parking; Vehicles
Carrying additional passengers 5.56.260
Driver furnishing receipt on demand 5.56.250
Driver's license
evidence of fitness 5.56.090
fee, transferability 5.56.130
fingerprints, photographs 5.56.100
issuance 5.56.110
records 5.56.140
renewal 5.56.120
required, qualifications 5.56.080
Fare disputes 5.56.270
License
revocation, suspension 5.56.290
right of revocation, refund of fee 5.56.300
Overcharging 5.56.280
Rates
determination by mileage 5.56.160
hourly 5.56.240
maximum, waiting time, return charges 5.56.230
Right to demand advance payment 5.56.260
Supervisory duties of officials 5.56.010
Vehicle
license
card 5.56.040
fee 5.56.060
required, application 5.56.020
maintenance, inspection 5.56.070
mechanical requirements 5.56.030
name of owner displayed 5.56.050
Telephone business and occupation tax
Aerial cables 5.08.130
Index-161
(Revised 12/99)
Temporary vendors
Authority 5.08.010
Credits 5.08.080
Date due 5.08.050
Deductions 5.08.040
Definitions
cellular telephone service 5.08.035
competitive telephone service 5.08.035
pager service 5.08.035
telephone business 5.08.035
Failure to pay, penalty 5.08.070
Levied 5.08.030
License application, issuance 5.08.020
Noncompliance, penalty 5.08.150
Records 5.08.060
Rules, regulations 5.08.160
Streets
excavations 5.08.100
improvements, moving apparatus 5.08.140
restoration 5.08.110
Tree trimming 5.08.120
Validity 5.08.170
Wiring regulations 5.08.090
Temporary vendors
See also Peddlers, hawkers
Definitions
master event 5.96.010
master event license 5.96.010
master event license sponsor 5.96.010
nonprofit organization 5.96.010
public property 5.96.010
public property vending 5.96.010
vending device 5.96.010
vending site 5.96.010
vendor 5.96.010
Exemptions 5.96.030
Insurance 5.96.060
License
required 5.96.020
requirements, duration, fees, renewal 5.96.040
revocation 5.96.050
Violation, penalty 5.96.070
Theft See Statutes adopted by reference under Criminal
code
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
Oul 9
Utilities
See also Sewer; Water
Concurrency management system
certificate of concurrency
application 13.08.040
issuance, duration 13.08.050
(Revised 12/99) Index-16.2