029-15 - Ordinance - Residential Parking Permit SystemIntroduced by:
City Clerk
Requested by:
City Clerk
Drafted by:
City Clerk
Reviewed by:
City Attorney
Introduced:
November 24, 2015
Adopted:
November 24, 2015
ORDINANCE NO. 029-15
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE
CITY'S RESIDENTIAL PARKING PERMIT SYSTEM, ELIMINATING THE COMMUNITY EVENT
PERMIT, DEFINING THE AREA IN WHICH RESIDENTIAL PARKING PERMITS MAY BE
OBTAINED, DESCRIBING THE ELEMENTS OF A COMPLETE PERMIT APPLICATION,
DESCRIBING ELIGIBILITY FOR A RESIDENTIAL PARKING PERMIT, AUTHORIZING THE
CLERK TO ISSUE TEMPORARY PARKING PERMITS FOR COMMERCIAL VEHICLES,
DESCRIBING THE SITUATIONS UNDER WHICH THE CITY CLERK MAY REVOKE A
RESIDENTIAL PARKING PERMIT, DESCRIBING PENALTIES FOR VIOLATIONS, AMENDING
PORT ORCHARD MUNICIPAL CODE SECTIONS 10.14.010, 10.14.020, 10.14.030,
10.14.040, 10.14.070, 10.14.080 AND REPEALING SECTION 10.14.050, AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the City Council adopted Ordinance No. 1381 on May 11, 1987, thereby establishing
the Residential Parking Permit System for residential neighborhoods, codified in Chapter 10.14 of the
Port Orchard Municipal Code; and
follows:
follows:
WHEREAS, the City Council finds that it is necessary to amend Chapter 10.14; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. Section 10.14.010 of the Port Orchard Municipal Code is hereby amended to read as
10.14.010 Purpose.
The City has adopted parking limits and posted signs limited parking on certain residential
streets identified in Section 10.12.560 POMC. The purpose of this chapter is to establish a
residential parking permit system to facilitate residents parking on public streets near their
homes beyond such established parking limits, and to further authorize the city clerk or
designee to issue parking permits as specified in this chapter.
SECTION 2. Section 10.14.020 of the Port Orchard Municipal Code is hereby amended to read as
10.14.020 Definitions.
(1) "Commuter vehicle" means a licensed vehicle parked in a residential area which is not
owned or leased by a resident of that residential area. Vehicles that weigh 10,000 pounds or
more are not considered commuter vehicles for the purpose of this chapter.
(2) "Guest permit" means a 14-day permit validated and issued by the city for the vehicle of a
person visiting a resident who is eligible for a residential parking permit.
follows:
Ordinance No. 029-15
Page 2 of 6
(3) "Residential parking permit area" means within any area described in Section 10.12.560
POMC.
(4) "Residential parking permit" means the parking permit validated and issued by the city
allowing a resident or quest to park within one block of their residence beyond the established
parking limits in Section 10.12.560 POMC and as posted, with privileges as specified in this
chapter.
(5) "Residential vehicle" means a licensed car, pick-up trucks, or similar vehicles parked in a
residential area which is owned or leased by a resident of that residential area. The term shall
not include commercial vehicles, bus, tractor, boats, trailers, or recreational vehicles as
described in Section 10.18.010 POMC and Section 10.13.010 POMC.
(6) "Bed and breakfast parking permit" means a parking permit issued by the city to
accommodate on -street parking for registered guests of permitted bed and breakfast facilities,
as defined by the city zoning code.
SECTION 3. Section 10.14.030 of the Port Orchard Municipal Code is hereby amended to read as
10.14.030 Residential parking permits.
1. Residential Parking Permit Area. The City Council hereby designates the residential
parking permit area as those streets listed in Section 10.12.560 POMC.
2. Issuance of Permits. The city clerk or designee shall issue residential parking permits,
in accordance with the following guidelines:
(a) Application for a permit is required. Each permit is for one vehicle. The application
shall include the following: Name of Resident, Address of Resident, phone number of
resident; vehicle make, model, year and license plate number.
(b) Eligible recipients for a residential parking permit shall be persons residing in
residential parking permit areas designated by council action in accordance with Section
10.12.560 POMC.
(c) There shall be an administrative fee for each residential parking permit and a
replacement residential parking permit. The fee shall be set by resolution and adopted
by the City Council.
(d) The permit shall be valid as long as the same owner retains ownership of that
residential vehicle for which the permit was issued and that owner resides in the
residential area. Permits are renewable in two-year intervals expiring on the last day of
the issuance calendar month. The residential parking program is limited to residential
vehicles. The vehicle shall be licensed and operable.
(e) Parking permits allow the owner of the vehicle to park within a one (1) block radius
of the owners residence on streets with posted restrictions. Permits do not guarantee or
reserve a certain parking space on the street.
Ordinance No. 029-15
Page 3 of 6
(f) Permits are issued to specific license plate number and are not transferable between
vehicles or resident. Upon purchase of a new vehicle or change of license plates on an
existing vehicle, the resident shall bring the vehicle registration and obtain a new
permit. A replacement fee will apply.
(g) Permit must be visible from the outside of the vehicle to approaching Parking
Enforcement Officers.
(h) Change of address is required. If a resident moves within the residential parking
zone, the resident shall notify the City Clerk's office of the address change. If a resident
moves outside of the residential parking zone, the permit is no longer valid. There will
be no fee for updating a residential address change within the parking zone.
(i) Lost or stolen vehicle permits will be reissued at the replacement fee. It is the
responsibility if the resident to care for and control the use of all issued permits.
3. The city clerk or designee shall determine eligibility for a residential parking permit. Eligibility
is established by a person or persons complying with the following:
(a) Provide proof that person owns or leases the residential vehicle by the means of a
current vehicle registration and valid state/government picture ID and the vehicle must
be registered in the resident's name;
(b) Provide proof that person resides in a residential parking permit area by the means
of a property deed, rental agreement, current utility bill, or any piece of mail in the
resident's name; and
(c) The maximum number of permits are limited to no more than 3 per residential
address.
SECTION 4. Section 10.14.040 of the Port Orchard Municipal Code is hereby amended t0 read as
follows:
10.14.040 Other parking permits.
The city clerk or designee is authorized to issue the following permits:
(1) Guest parking permits shall be available for vehicles of guests of persons residing in a
residential permit parking area. The vehicle must be owned or leased by the guest and licensed
and operable. Guest parking permits shall not be issued for commercial vehicles, bus, tractor,
boats or trailers. This permit shall be valid for a 14-day period. There shall be an administrative
fee for each guest residential parking permit. The fee shall be set by resolution and adopted by
the City Council.
(2) Temporary residential parking permits shall be available for cars, pick-up trucks, or similar
vehicles. Commercial Vehicles, Bus, Boats, boat trailers, and recreational vehicles that are being
loaded or unloaded may be issued a temporary residential parking permit. A temporary
residential parking permit is restricted to a specific site, is valid only for a 24-hour period, and
will allow the vehicle to park in excess of the time limits posted on the street. No vehicle can be
follows:
follows:
Ordinance No. 029-15
Page 4 of 6
issued more than two temporary residential parking permits in a seven -consecutive -day period,
and not more than four in a 30-day period. There shall be an administrative fee each temporary
residential parking permit. The fee shall be set by resolution and adopted by the City Council.
(3) Subject to the provisions of the city's parking requirements as contained in the city's zoning
code, up to three bed and breakfast parking permits shall be available for vehicles of registered
guests of a bed and breakfast facility during their stay. The permit shall only be valid for on -
street parking within two blocks of the bed and breakfast facility. The vehicle must be owned or
leased by the guest and licensed and operable. Bed and breakfast parking permits shall not be
issued for commercial vehicles, bus, tractor, boats, trailers or recreational vehicles. Bed and
breakfast parking permits must be displayed prominently in a window of the vehicle. There shall
be an administrative fee each bed and breakfast permit. The fee shall be set by resolution and
adopted by the City Council.
SECTION 5. Section 10.14.050 of the Port Orchard Municipal Code is hereby repealed.
SECTION 6. Section 10.14.060 of the Port Orchard Municipal Code is hereby amended t0 read as
10.14.060 Permit parking privileges.
1. A vehicle on which is displayed a valid parking permit as provided for herein shall be
permitted to be parked in the residential permit parking area for which the permit has been
issued without being limited by the posted time limit. Said vehicle shall not be exempt from
parking restrictions or prohibitions established pursuant to authority other than this chapter. All
other motor vehicles parked within a residential permit parking area shall be subject to the
posted time restrictions.
2. A parking permit shall not guarantee or reserve to the holder thereof an on -street parking
space within the designated residential permit parking area.
SECTION 7. Section 10.14.070 of the Port Orchard Municipal Code is hereby amended t0 read as
10.14.070 Permit — Revocation.
1. The city clerk is authorized to revoke any parking permit issued when one or more of
the following circumstances has occurred:
(a) There was false or incorrect information provided in the permit application;
and/or
(b) Eligibility criteria, such as vehicle license, operability, ownership, or
residence is no longer met.
2. To revoke the permit, the city clerk shall send by first class mail a notice to the permit
holder stating that the permit has been revoked and the reason or reasons why the
permit is revoked, along with the appeal process as outlined in subsection (3) of this
follows:
Ordinance No. 029-15
Page 5 of 6
section. The effective date of the revocation shall be 10 calendar days after the date of
mailing.
3. The permit holder or an agent of the permit holder may appeal this action to the city
council by submitting a written appeal to the city clerk within five business days of the
effective date of the revocation. Revocation shall be stayed pending the appeal. The
appeal shall state the factual basis for the permit holder's claim that revocation was
improper.
4. Upon revocation of the permit, the person shall immediately remove such permit
from the vehicle.
SECTION 8. Section 10.14.080 of the Port Orchard Municipal Code is hereby amended t0 read as
10.14.080 Violation — Penalty.
1. Violation of this chapter shall constitute a class 2 civil infraction and be enforced
under Chapter 7.80 RCW when one or more of the following has occurred:
(a) It is unlawful and a violation of this chapter for a person to falsely represent
himself as eligible for a parking permit or to furnish false information in an
application therefore to the office of the city clerk.
(b) It is unlawful and a violation of this chapter for a person holding a valid
parking permit issued pursuant hereto to allow the use or display of such permit
on a motor vehicle other than that for which the permit is issued. Such conduct
shall constitute an unlawful act and violation of this chapter both by the person
holding the valid parking permit and the person who so uses or knowingly
displays the permit on a motor vehicle other than that for which it is issued.
(c) It is unlawful and a violation of this chapter for a person to copy, produce or
otherwise bring into existence a facsimile or counterfeit parking permit. It shall
further be unlawful and a violation of this chapter for a person to knowingly use
or display a facsimile or counterfeit parking permit in order to evade time
limitations on parking applicable in a residential permit parking area.
SECTION 9. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of
this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the
validity of the remaining parts of this ordinance.
SECTION 10. Effective Date. This ordinance shall be in full force and effect January 1, 2016,
which shall be more than 5 days after publication of this ordinance, as required by law. A summary of
this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law.
Ordinance No. 029-15
Page 6 of 6
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City
Clerk in authentication of such passage this 24th day of November 2015.
ATTEST:
Brandy Rinearson, CIVIC, City Clerk
APPROVED AS TO FORM:
Carol �. Morris, City Attorney
'e&hie
Timothy C. M tthes, Mayor
SPONSORED BY:
�° =C U°��•q C�'�C Ashby, Councilmember
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NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held November 24, 2015.
ORDINANCE NO.029-15
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE CITY'S
RESIDENTIAL PARKING PERMIT SYSTEM, ELIMINATING THE COMMUNITY EVENT PERMIT,
DEFINING THE AREA IN WHICH RESIDENTIAL PARKING PERMITS MAY BE OBTAINED, DESCRIBING
THE ELEMENTS OF A COMPLETE PERMIT APPLICATION, DESCRIBING ELIGIBILITY FOR A
RESIDENTIAL PARKING PERMIT, AUTHORIZING THE CLERK TO ISSUE TEMPORARY PARKING
PERMITS FOR COMMERCIAL VEHICLES, DESCRIBING THE SITUATIONS UNDER WHICH THE CITY
CLERK MAY REVOKE A RESIDENTIAL PARKING PERMIT, DESCRIBING PENALTIES FOR VIOLATIONS,
AMENDING PORT ORCHARD MUNICIPAL CODE SECTIONS 10.14.010, 10.14.020, 10.14.030,
10.14.040, 10.14.070, 10.14.080 AND REPEALING SECTION 10.14.050, AND PROVIDING AN
EFFECTIVE DATE
Copies of Ordinance No. 029-15 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 029-15 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, December 4, 2015