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1928 - Ordinance - Amending Chapter 10.14 Regarding Residential Parking PermitsORDINANCE NO. 1928 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE SECTIONS 10.14.020, 10.14.030, 10.14.040 AND 10.14.070 REGARDING RESIDENTIAL PARKING PERMITS WHEREAS, the City Council adopted Ordinance No. 1427 on June 27, 1988 thereby establishing the Residential Parking Permit System for residential neighborhoods, codified in Chapter 10.14 of the Port Orchard Municipal Code, and 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 DOES HEREBY ORDAIN: SECTION 1. Section 10.14.020 of the Port Orchard Municipal Code is amended to read as follows: 10.14.020 Definitions. (1) "Community event permit' means a one -day permit validated and issued by the city for participants of a public community event held in a residential neighborhood, such as a civic, church or school meeting or conference. (2) 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 ordinance. (3) "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. (4) 'Residential Area" means an area contiguous to public right-of-way which is zoned Residential R-4.5, R-8, R-12, or R-20. (5) 'Residential parking permit' means the parking permit validated and issued by the city allowing a resident to park within one block of their residence with privileges as specified in this chapter. (6) 'Residential vehicle means a licensed vehicle parked in a residential area which is owned or leased by a resident of that residential area. The term shall not include commercial vehicles, boats, trailers, or recreational vehicles. Ordinance No. 1928 Page 2 of 4 SECTION 2. Section 10.14.030 of the Port Orchard Municipal Code is amended to read as follows: 10.14.030 Residential parking permits. (1) The city clerk or designee shall develop written procedures to issue and enforce residential parking permits, in accordance with the following guidelines: (a) Eligible recipients for a residential parking permit shall be persons residing in residential parking permit areas designated by council action in the form of a resolution. (b) There shall be no fee for the permit. 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 five-year intervals. (c) The residential parking program is limited to residential vehicles. (2) 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) That person owns or leases the residential vehicle; (b) That person resides in a residential area which is identified by the council as being affected by commuter vehicles and designated as a residential parking permit area (c) The vehicle is operable. SECTION 3. Section 10.14.040 of the Port Orchard Municipal Code is amended to 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, boats or trailers. This permit shall be valid for a 14-day period. There shall be no fee for a guest parking permit. (2) Temporary parking permits shall be available for cars, pick up trucks, or Ordinance No. 1928 Page 3 of 4 similar vehicles. Boats, boat trailers, and recreational vehicles that are being loaded or unloaded may be issued a temporary parking pass. A temporary parking pass 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 issued more than two temporary parking passes in a seven consecutive day period, and not more than four in a 30-day period. SECTION 4. Section 10.14.070 of the Port Orchard Municipal Code is amended to read as follows: 10.14.070 Permit - Revocation. (1) The City Clerk is authorized to revoke any parking permit issued hereunder when the City Clerk determines that one or more of the following circumstances has occurred: (a) There was false or incorrect information provided in the permit application. (b) Eligibility criteria, such as vehicle license, operability, ownership, or residence is no longer met. (c) The permit is being used for long term storage of a permitted vehicle. Long term storage is defined as failure of the vehicle to move more than 1000 feet within a 60 day period. (d) The permitted vehicle is inoperable or appears to be inoperable such as having a flat tire for more than 48 hours, broken window glass, or missing parts from the car. (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) below. The effective date of the revocation shall be ten 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 days of the effective date of the revocation. Revocation shall be stayed pending the appeal. (4) Upon revocation of the permit, the person shall immediately remove such permit from the vehicle. Failure to surrender a residential parking permit so revoked shall constitute a misdemeanor and shall be punishable as provided herein. Ordinance No. 1928 Page 4 of 4 SECTION S. Severability Clause. If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder of the Ordinance, or the application of the provision to other persons or circumstances is not affected. PASSED by the City Council of the City of Port Orchard, signed by the Mayor and attested to by the City Clerk in authentication of such passage this 12th day of January 2004. ATTEST: Q Carol Etge�, City Clerk APPROVED AS TOFORM: KIM E. ABEL, MAYOR SPONSORED BY: Rick Wyatt, Councilmember 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 January 12, 2004. ORDINANCE NO. 1928 AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON, AMENDING MUNICIPAL CODE SECTIONS 10.14.020, 10.14.030, 10.14.040 AND 10.14.070 REGARDING RESIDENTIAL PARKING PERMITS. Copies of Ordinance No. 1928 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. 1928 will be provided at a nominal charge. City of Part Orchard Michelle Merlino Deputy Clerk Publish: Port Orchard Independent January 21, 2004 Kitsanleeals(a)soundgnblislvne com