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08/04/2021 - Packet
City of Port Orchard Land Use Committee August 4, 2021 4:00 pm Remote access on Zoom Link: https:Hus02web.zoom.us/j/85915223785?pwd=a3BTODd5NzBncWVUdENJaIV2Rkl ZQT09 Meeting ID: 859 1522 3785 Passcode: 429861 Dial -in: 1 253 215 8782 AGENDA 1. Street Vacations: Kitsap Street and Harrison Ave/Dekalb St (Rinearson) 2. Trees on Strathmore Circle (Dorsey) I Onstreet Parking Permits (Dorsey) 4. Fireworks (Putaansuu) Keri Sallee From: Amos Callender <amos@tasolympia.com> Sent: Wednesday, July 28, 2021 2:03 PM To: Brandy Rinearson Cc: Jared VerHey; Ron Thomas; Karen Goon; Nick Bond Subject: Kitsap County Courthouse Parking Lot Street Vacation Request Attachments: 210317_Kitsap County Courthouse -Site Plan & Parking Phase OA & OB.pdf Brandy - Thanks for taking my call earlier regarding a vacation request for Austin Ave. between Taylor and Smith for the Kitsap County Courthouse Parking lot Project. I have also looped in our Civil engineer to bring them up to speed and potentially put them in the drivers seat moving this forward. Here is a brief summary of what we discussed: The city would prefer to vacate the entire street (from Taylor to Smith) and not vacate half blocks unless there is some clear reason or justification. This has implications on our phased approach since the County does not own all the parcels within those 2 blocks so we have devised a plan to move forward with the North half of the parking lot (see attached). The committee meets on August 41h and you would likely need our documents by this Friday to get it on the agenda. -Application -Fees -Legal Description -Appraisal of property (or potentially a brokers price opinion). -Signatures of 2/3rd of adjacent property owners is needed is county does not own all adjacent parcels Note: The county owns 4 of the 5 parcels on that street. It is unlikely that we will be able to provide all the documents needed for application by Friday. We plan to fill out the application as much as possible by then and submit a proposed plan showing the area to be vacated along with a description that you can take to the committee on the 4th to review and recommend to council to move forward with the vacation request once the remaining support documents are in place. This may be the only time this will need to go before the committee, but there is a potential for a second (more in-depth) review. I Will prepare a more formal package for you to share with the committee and get it to you by end of day Friday. Cheers, i Page 2 of 78 Amos Callender, AIA, Project Manager THOMAS ARCHITECTURE STUDIOS 525 Columbia Street SW I Olympia, WA 360.915.8775 1 www.tasolympia.com Page 3 of 78 Keri Sallee From: Amos Callender <amos@tasolympia.com> Sent: Thursday, July 29, 2021 9:01 AM To: Nick Bond; Brandy Rinearson Cc: Blair Prigge; Mark Dorsey Subject: RE: Kitsap County Courthouse Parking Lot Street Vacation Request Thanks Nick, that makes a lot of sense. We will move forward with that approach and vacate Sweany. Brandy - Would this require a separate application or can we combine them into one? Cheers, -Amos From: Nick Bond <nbond @cityofportorchard. us> Sent: Wednesday, July 28, 20214:33 PM To: Brandy Rinearson <brinearson@cityofportorchard.us>; Amos Callender <amos@tasolympia.com>; Mark Dorsey <mdorsey@cityofportorchard.us> Cc: Blair Prigge <blair@mtn2coast.com> Subject: Re: Kitsap County Courthouse Parking Lot Street Vacation Request I think you would vacate Sweany and construct a new private County access aligned with Ada. Nick Get Outlook for iOS From: Brandy Rinearson <brinearson@cityofportorchard.us> Sent: Wednesday, July 28, 2021 4:30 PM To: Amos Callender; Mark Dorsey; Nick Bond Cc: Blair Prigge Subject: RE: Kitsap County Courthouse Parking Lot Street Vacation Request My first reaction is that you could do it as a street vacation. However, the "road" would then become a private access not a City ROW. I am unsure of the process to make a portion of a private property a City ROW. I have included Mark and Nick in on this to see if there is a better approach to accomplish what you have asked. Best Wishes, Brandy Rinearson, MMC, CPRO City Clerk/Assistant to the Mayor City of Port Orchard Direct (360) 876-7030 Fax (360) 895-9029 www.cityofportorchard.us i Page 4 of 78 City Hall is open to the public, Monday through Friday Sam to 4:30pm. Emergency services are available 24 hours a day by calling 911. Please consider the environment before printing this e-mail. Please be aware that e-mails which pertain to City business may be considered public records and may be subject to public disclosure laws. If you think that you have received this e-mail message in error, please notify the sender via e- mail or telephone at (360) 876-7030. From: Amos Callender <amos@tasolympia.com> Sent: Wednesday, July 28, 20214:20 PM To: Brandy Rinearson<brinearson@citvofportorchard.us> Cc: Blair Prigge <blair@mtn2coast.com> Subject: RE: Kitsap County Courthouse Parking Lot Street Vacation Request Brandy - One more question: We also want to adjust Sweany street access to the Courthouse so it is in alignment with Ada St. to the East side of Sydney (and perhaps rename to Ada St.) Do we need to apply for a separate vacation request/ boundary line adjustment or can we fold this into one application? I have filled out the application to the best of my knowledge, will have the legal description by end of day tomorrow, and am trying to get a broker price opinion as well. The 3 adjacent parcels are currently owned by the County (I filled out forms for each parcel). Can you take a look at the application and let me know if there is additional information needed on your end? We can update the application to include the Sweany St. adjustment depending on your response above. Cheers, -Amos 2 Page 5 of 78 16 F From: Amos Callender Sent: Wednesday, July 28, 2021 2:03 PM To: brinearson@citvofportorchard.us Cc: Jared VerHey <iared.verhey@scialliance.com>; Ron Thomas <ron@tasolympia.com>; Karen Goon <kgoon@co.kitsap.wa.us>; Nick Bond <nbond @cityofportorchard. us> Subject: Kitsap County Courthouse Parking Lot Street Vacation Request Brandy - Thanks for taking my call earlier regarding a vacation request for Austin Ave. between Taylor and Smith for the Kitsap County Courthouse Parking lot Project. I have also looped in our Civil engineer to bring them up to speed and potentially put them in the drivers seat moving this forward. Here is a brief summary of what we discussed: The city would prefer to vacate the entire street (from Taylor to Smith) and not vacate half blocks unless there is some clear reason or justification. This has implications on our phased approach since the County does not own all the parcels within those 2 blocks so we have devised a plan to move forward with the North half of the parking lot (see attached). The committee meets on August 4t" and you would likely need our documents by this Friday to get it on the agenda. -Application -Fees 3 Page 6 of 78 -Legal Description -Appraisal of property (or potentially a brokers price opinion). -Signatures of 2/3rd of adjacent property owners is needed is county does not own all adjacent parcels Note: The county owns 4 of the 5 parcels on that street. It is unlikely that we will be able to provide all the documents needed for application by Friday. We plan to fill out the application as much as possible by then and submit a proposed plan showing the area to be vacated along with a description that you can take to the committee on the 41" to review and recommend to council to move forward with the vacation request once the remaining support documents are in place. This may be the only time this will need to go before the committee, but there is a potential for a second (more in-depth) review. I Will prepare a more formal package for you to share with the committee and get it to you by end of day Friday. Cheers, Amos Callender, AIA, Project Manager THOMAS ARCHITECTURE STUDIOS 525 Columbia Street SW I Olympia, WA 360.915.8775 1 www.tasolympia.com 4 Page 7 of 78 w KITSAP COUNTY COURTHOUSE COMPLEX a BOUNDARY AND TOPOGRAPHIC SURVEY z A PORTION OF THE SWJ OF THE SEJ, SEC 26, T24N, R1E, WM '_r_j 1— CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON N — — — — — _ _ _ _ _Q DIVISION ST — — — — — — — — DIVISION ST — I F — — — — - I I I I I I I I I I w I I I ¢I I I I I I Lu I I I I I I I I I I � 7 - �- SWEANYIST _ _ - - - - w- - - - - - - - - - - _T_ (� I I I ?I I I LJ ADA ST �Q I I I lz — — I --TAYLCR-ST- AYLOR ST I I I w' � I z I I 11 I I f------------ QI � I I I I I' I I I I I I I I I I I -------_—_ I I I — J -SMITH ST I------------ I I I I T I I OVERALL 60 BOUNDARY MAP I I Page 8 of 78 �(6as Jac fo bz, . �_rYlp) LEGENE DECIDUOUS TI M 2 CONIFER TREE IC MAPLE TREE DOUGLAS-FIR STUMP SHRUB BIKE RACK 0' 60' 120' MAIL BOX WHEEL STOP BEET SIGN SCALE 1" = 60' DATU M HORIZONTAL - WASHINGTON STATE PLANE COORDINATES, NORTH ZONE, NAD 83/2011 BASED ON GPS MEASUREMEW USING THE WSRN VERTICAL - NAVD 88 BASED ON GPS MEASUREMENTS USI1` THE WSRN. SURVEY NOTES 1. INSTRUMENT USED: SOKKIA SX3 TOTAL STATION AND TOPCON GR5 GPS. 2. THIS SURVEY MEETS OR EXCEEDS THE STANDARDS OF WAC 332-130-090 3. SURVEY COMPLETED FALL 2019 4. ALL MONUMENTS SHOWN AS FOUND VISITED 10/2019. 5. CONTOUR INTERVAL IS ONE -FOOT AND ARE BASED UPON FIELD MEASUREMENTS. 6. THE PURPOSE OF THE TOPOGRAPHIC MAPPING IS FOR THE DESIGN OF A NEW BUILDING AND SUPPORTING INFRASTRUCTURE. UTILITY NOTE UTILITIES SHOWN HEREON ARE FROM MAPPING VISIBLE SURFACE APPURTENANCES, REFERRING TO AS -BUILT RECORDS AND MAPPING UTILITY PAINT MARKS FROM A UTILITY LOCATING SERVICE (APPLIED PROFESSIONAL SERVICES). BURIED UTILITIES ARE ONLY SHOWN AS APPROXIMATE AND SHOULD BE VERIFIED BEFORE CONSTRUCTION. V) TO KENDALL ST 0 LU Ah � I CLINE AVE M AIIIIIIIIIIIIIIII 8 T7 I+� fr Fj"if �I Tj � T � rf EXISTING I I COURTHOUSE I j - 12 � Il I 6 I I 1 `L------' OPD ACCESS TO JAIL I � I KITSAP RECOVERY 1 �J SURFACE LOT )IIV.4 - - - -- - - - - PROPERTY PUBLIC O I PICK-UP AUSTI N AVE + V) � ® Q I , PUBLIC ACCESS STAFF TO JAIL �p 5 I I TRUCK I 218 � � /� DELIVERIES i SALLY PORT 13 6 BULLARD I I JAIL I/Af a I I , I I FROM HWY 16. , n CONTEXT SITE PHASE CIA U 1 If = 60'-0" , pl, 1 I ADMINISTRATION 4%b,--7= PUBLIC WORKS AUSTI N AVE I' RAVINE TqTTUTFFFF[-� , FUEL STATION EDGE OF - AVINE 46 12------- - - '�'� SURFACE LOT i i cn 2 4 g _-Z PU B(I 95 - C) li 9 3 7 RD KITSAP COUNTY COURTHOUSE 614 DIVISION ST I PORT ORCHARD, WA SCHEMATIC DESIGN 1 03/17/21 � SIDNEY P.j , , , II <MR70M DOWNTOWN � � I BUS ROUTE PURDY CONNECTION • BUS STOP MAIN ACCESS ROAD (MINOR ARTERIAL C, FOOT FERRY TRAFFIC) ALL OTHER =LOCAL ACCESS ROAD CIRCULATION PATH FROM COURTHOUSE TO JAIL RECEPTION BUILDING CANOPY LOCATION Al e3 SITE PLAN PHASE OA T H O M A S architecture studios Page 9 of 78 NDALL ST AUSTIN AVE FROM HWY 16. --7- - - - - - - - - _ - I I I U 4CONTEXT SITE PHASE OB 1 " = 60'-0" KITSAP COUNTY COURTHOUSE 614 DIVISION ST I PORT ORCHARD, WA SCHEMATIC DESIGN 1 03/17/21 Q ' w I I I cn CLINE AVE SIDNEY w I� C� -Z ADMINISTRATION J AUSTIN AVE I PUBLIC WORKS I I I FROM DOWNTOWN J BUS ROUTE 40 �5 PC = PURDY CONNECTION • BUS STOP MAIN ACCESS ROAD (MINOR ARTERIAL C, FOOT FERRY TRAFFIC) ALL OTHER =LOCAL ACCESS ROAD CIRCULATION PATH FROM COURTHOUSE TO JAIL RECEPTION BUILDING CANOPY LOCATION Al e4 SITE PLAN PHASE OB T H O M A S archjtEctux.e studjos Page 10 of 78 City of Port Orchard City Clerk's Office 216 Prospect Street, Port Orchard, WA 98366 "lY (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchar4L5* M` www.cityofportorchard.us 4tq 0 JUL 9 2,,011 PETITION TO VACATE CITY RIGHT-OFbkhlCk k APPLICATION RKS D,PF,&E D (POMC 12.08 / Resolution No. 030-17) Property Owner's Name(s): Noel and Dena Larsen Mailing Address: 821 Dekalb St, Port Orchard, WA 98_366 Street City State Zip Contact Information:360-731-2119 noel.larsen@ mail.com Phone Email Address of Requested Vacation: Harrison Ave and Dekalb St Street or nearest cross street Parcel Number of Requested Vacation: Unopened Right of Way between parcels 4053-007-010-0001 and 4053-008-015-0004 1. The undersigned, owners of more than two-thirds of the real property abutting upon that public street described below, do hereby petition the City of Port Orchard to vacate said street/alley, described as follows (you may attach a separate sheet containing the legal description): Legal description of the requested right-of-way prepared by a licensed surveyor: See Attached all situated in the City of Port Orchard, County of Kitsap, State of Washington, and request that said City Council by Resolution fix a time and place when this petition shall be heard and determined by that authority, which time shall not be more than sixty (60) days nor less than twenty (20) days after passage of such Resolution (RCW 35.79.010) 2. What is the proposed use of the vacated right-of-way: Vacated right-of-way to be split 50/50 by adjacent homeowners and incorporated into and maintained as side yards of existing homes. Revised 117119 Page 1 of 3 Street Vacation Application Page 11 of 78 3. Please provide a map of the proposed right-of-way area to be vacated with the following information: a. Approximate width of the area to be vacated b. Approximate length of the area to be vacated c. Approximate total square footage of the area to be vacated I declare under penalty of perjury and the laws of the State of Washington that I/We are the true and correct owner(s) of the property seeking a street vacation. The information on this form is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. Signature of Applicant Signature of Applicant Date Date When submitting this application, please make sure the following requirements and documents are completed: • Neighboring petition signed by the owners of more than two-thirds of the property abutting upon the part of such street or alley sought to be vacated; • New legal description to include the requested right-of-way; a Documentation supporting the fair market value of the street or alley sought to be vacated, if applicable; • Documentation supporting the Non -User Statue applies, if applicable • Dimensions of area proposed to be vacated; • Map of the proposed right-of-way to be vacated outlined or highlighted; • Application processing fee of $120; and • $500 appraisal fee refundable deposit (Petitioner shall pay the actual cost of the appraisal, upon Council approval). FOR CITY CLERK'S OFFICE USE ONLY $120 Street Vacation Fee Received Yes _ No Receipt No.: $500 Street Vacation Appraisal Fee (Refundable Deposit) _Yes _ No Receipt No.:, Petitions Received from Adjacent Property Owners Yes _ No Public Hearing Date: Notices Posted by: Approved by the Council Revised 117119 Date of Noticing: Yes No Page 2 of 3 Street Vacation Application Page 12 of 78 Petition to Vacate City Right of Way: "Harrison Avenue" Unopened ROW Between Dekalb Street and Kitsap Street Summary: For this Petition to Vacate the public right-of-way, unimproved and unopened Harrison Ave, between Kitsap Way and Dekalb St, it is our understanding that we, the abutting property owners, Noel and Dena Larsen, Kymberly Phillips, Dana Harmon and John Phillips and Geraldine Harmon, own the fee title to the centerline of the public right-of-way. It is also our understanding that the fee title is encumbered by the City of Port Orchard with an easement for a public right-of-way. We believe this public right-of-way was established around 1888 under the original platting. It appears that in the time since it was established the right-of-way has remained unopened and unimproved. Additionally, in the next block to the north, the Harrison Ave right-of-way between Bay St and Kitsap Way has already been vacated by the City of Port Orchard thus isolating this public right- of-way to between Dekalb St and Kitsap Way. We believe the City of Port Orchard has no current or future need of or plans for this public right-of-way. It is our understanding of the law that, as unimproved and unopened public right-of-way, we can currently use the right-of-way as we can the rest of our property, subject to the possibility of it being opened and improved at some point in the future. Given that we, the owners of the abutting properties already hold fee title to the areas to be vacated, we ask the city to unencumber the fee title held by us in these properties by removing the public right-of-way easement associated with our properties, to extinguish the public easement allowing us to regain unencumbered title to the property and we ask the city to do so for a nominal amount, we propose a total of $4000 (four thousand dollars). Page 13 of 78 -P- City of Port Orchard "} ' W "" City Clerk's Office 0. _. 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us www.cityofportorchard.us STREET VACATION PETITION TO NEIGHBORING PROPERTY OWNERS The Information on this form is considered a public record and is subject to public disclosure laws In Chapter 42.56 RCW. Property Owner Seeking Vacation (Petitioner): Noel and Dena Larsen First and Last Name Contact Information: 360-731-2119 go?,Lligrsen@Qmaii.com Phone Email Street or Nearest Cross Street of Requested Vacation: Harrison Ave and Dekalb St Parcel Number of Requested Vacation: Unopened Right of Way Signatures of neighboring property owners (Note: all persons who have an ownership interest must sign the petition. This includes co-owner(s) and/or spouse. Kymberly Phillips Home Owner-D oL. 1-First and Last Name (printed) (Signature) Home Owner No. 2-First and Last Name (printed) (Signature) 905 Dekalb St, Port Orchard, WA 98366 Property Address 4053-008-015-0004 Tax Parcel Number Mailing Address: 905 Dekalb St Port Orchard WA 98366 Street City State Zip Contact Information: 253-678-2739 kymberlyp67@yahoo.com Phone Email Revised 117119 Page 3 of 3 Street Vacation Application Page 14 of 78 Road vacation #1 BEGINNING AT the southeast corner of Lot 10, Block 7, Plat of First Addition to Sidney recorded in Book 1, at Page 10 of Plats, Kitsap County, Washington; Thence East to the southwest corner of Lot 16 of Block 8 of said plat; Thence north to the northwest corner of Lot 15 of Block 8 of said plat; Thence West to the northeast corner of Lot 6 of Block 7 of said plat; Thence South to the Point of Beginning. Road vacation #2 BEGINNING AT the southeast corner of Lot 5, Block 7, Plat of First Addition to Sidney recorded in Book 1, at Page 10 of Plats, Kitsap County, Washington; Thence East to the southwest corner of Lot 1 of Block 8 of said plat; Thence north to the northwest corner of Lot 2 of Block 8 of said plat; Thence West to the northeast corner of Lot 5 of Block 7 of said plat; Thence South to the Point of Beginning. 1� �roi �iJ 5/5/21 Page 15 of 78 a jp 1 1 �2r br L'6 1vv m 14 k Kl TSAP ET 66.00 N � SITE PLAN ' i I j 824 Kitsop St + I Port Orchard, WA 98366 TAX PARCEL NO. 0 906 Kitsop St 4053-007-005-0008 RIGHT OF WAY o Port Orchard, WA 98366 jI .17 acre (approx. 7,405 sq ft) .18 acre (approx. 7,920 sq ft) TAX PARCEL NO. 4053-008-001-0000 0.24 acre (approx. 10,454 sq ft) + � I II I I I ' I I ALLEY — - - 66.00 — — ALLEY I 821 Dekolb St RIGHT OF WAY i o 905 Dekalb St I Port Orchard, WA 98366 TAX PARCEL NO. 4053-007-010-0001 - 18 acre (approx. 7. 854 sq ft) of Port Orchard, WA 98366 0TAX PARCEL NO. 4053-008-015-0004 .29 acre (approx 12,632 sq ft) I I 0.24 acre (approx. 10,454 sq ft) { DEKALB ST z Q�Jge 17 of 78 Z Q rr pL9 TOVINE R�+1L BROKERS PRICE OPINION .RE: Vacating Harrison Ave. Kitsap St. to DeKalb Street Port Orchard, WA. Subject Properties: Noel Larsen & Dena 851 Dekalb St. Phillips Kymberly A. 905 Dekalb St. October 29, 2021 Phillip & Dana Harmon 824 Kitsap St. Geraldine R. Harmon 906 Kitsap St. Criteria: Specific analysis and value attrition is given to the current community need and/or municipal use or development of the ROW property since November, 1888. Similar size property(ies) pending and/or closed sales over the previous 12-month period within a 2-mile radius of subject property that are inside the city limits of Port Orchard. There are only 3 properties that meet this criterion. ADDRESS PRICE CDOM SERVICES SF PRICE Pending Feasibility 1667 SE Crawford Rd $67,000 245 No Sewer $13.98 Sold: 3752 SE Rhapsody Dr $65,000 1 No sewer $ 6.34 0000 Dekalb $91,500 69 Full Service $12.20 Summary: The Harrison Ave extension that is subject of this BPO has been in existence, the city has never been inclined to use or develop the property as a public right of way since the original plat date of November, 1888. Additionally, Harrison Ave between Bay Street and Prospect Alley and Prospect Alley to Kitsap St has previously been vacated. The topography of the subject Harrison Ave. property, also, presents steep incline challenges that preclude the right of way property being developed into a usable right of way. Value: Primarily the deficiencies of the subject properties as use as right of way, the lack of demand for development into a usable ROW and the City of Port Orchard's hesitancy to incur the cost to develop a less than needed ROW supports a value of $4,000 for vacating and transferring ownership of the Harrison Ave. right of way from Kitsap St. to DeKalb St. to the listed owners, above. Respectfully Submitted, Donn Hughes Designated Broker / Principal Page 1 of 1 Page 18 of 78 ^pry-_:--..r: ''.• ry7'.wi.':'. .,:Y Vacant Land Thumbnail - 1667 SE Crawford Rd, Part Orchard, WA 98366 MLS#: 1617505 Status: PF Stat Dt: 02/27/2021 L Price: $67 000 Area: 143 Lot #: O Price. $67,000 Lot Size: .110 ac/4,792 sf Pr/Lot SF: $13.98 CDOM: 245 Sub Prop: Vacant Land Office: Century 21 Northwest Style: 40 - Res -Less thn 1 Ac Broker: Carrie Leinum Commty: South Kitsap Lot Dtls: Dead End Street, Paved Street Recent: 02/27/2021 : Pending : A->PF x 3752 SE Rhapsody Dr, Port Orchard, WA 98366 S Price: $69,000 MLS#: 1635442 Status: S Stat Dt: 09/22/2020 L Price: $65,000 Area: 143 Lot #: 21 0 Price: $65,060 Lot Size: .250 ac/10,890 sf Pr/Lot SF: $6.34 CDOM: 1 Sub Prop: Vacant Land office; John 4. Scott, Inc. Style: 40 - Res -Less thn 1 Ac Broker: Deborah Bonneville Commty: Port Orchard Project: Melody Village Zone Class: Residential Lot bus. Cul-de-sac, Paved Street DeKalb St, Port Orchard, WA 98366 S Price: $89,000 n "•'-=r;` ``' MLS#: 1551422 Status: S Stat Dt: 06/09/2020 L Price: $91,930 Area: 143 Lot #: O Price: $91,950 Lot Size: .160 ac/6,970 sf Pr/Lot SF: $12.20 CDOM: 69 Sub Prop: Vacant Land Office: G Anderson Group LLC style: 40 - Res -Less thn 1 Ac Broker: Gary Anderson Comrnty: Port Orchard Zone Class: Business, Multi -Family, Residential Lot Dds: Alley, Paved Street Information Deemed Reliable But Cannot Be Guaranteed. Lot Size and Square Footage Are Estimates. 3/12/2021 3:37:56 PM. Page 19 of 78 General Parcel #: 4053-007-010-0001 821 DEKALB ST PORT ORCHARD, WA 98366 Taxpayer Name LARSEN NOEL & DENA JTROWS Mailing Address 821 DEKALB ST PORT ORCHARD, WA 98366 Parcel No. 4053-007-010-0001 Account ID 1508423 Site Address 821 DEKALB ST PORT ORCHARD, WA 98366 Status Active Property Class 111 - Single family residence Page 20 of 78 General Parcel #: 4053-008-015-0004 905 DEKALB ST PORT ORCHARD, WA 98366 Taxpayer Name PHILLIPS KYMBERLY A Mailing Address 905 DEKALB ST PORT ORCHARD, WA 98366 Parcel No. 4053-008-015-0004 Account ID 1508563 Site Address 905 DEKALB ST PORT ORCHARD, WA 98366 Status Active Property Class 111 - Single family residence Page 21 of 78 7' ' City of Port Orchard f •• iic City Clerk's Office ;� ~ �.r 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us T _ . www.cityofportorchard.us -4. i PETITION TO VACATE CITY RIGHT-OF-WAt4 APPLICATION C17y4F -21)�1 (POMC 12.08 / Resolution No. 030-17) C17y,Q C gRp Property Owner's Name(s): Dana Harmon and John Phillips FFjC Mailing Address: 824 Kitsap St, Port Orchard, WA 98366 Street City State Zip Contact Information: Phone Email Address of Requested Vacation: Kitsap St Street or nearest cross street Parcel Number of Requested Vacation: —Unopened Ri ht of Wa between parcels 4053-007-005-0008 and 4053-008-001-0000 1. The undersigned, owners of more than two-thirds of the real property abutting upon that public street described below, do hereby petition the City of Port Orchard to vacate said street/alley, described as follows (you may attach a separate sheet containing the legal description): Legal description of the requested right -of --way prepared by a licensed surveyor: See Attached all situated in the City of Port Orchard, County of Kitsap, State of Washington, and request that said City Council by Resolution fix a time and place when this petition shall be heard and determined by that authority, which time shall not be more than sixty (60) days nor less than twenty (20) days after passage of such Resolution (RCW 35.79.010) 2. What is the proposed use of the vacated right-of-way: Vacated right-of-way to be split 50150 by adjacent homeowners and incorporated into and maintained as side yards of existing homes. Revised 117119 Page 1 of 3 Street Vacation Application Page 22 of 78 3. Please provide a map of the proposed right-of-way area to be vacated with the following information: a. Approximate width of the area to be vacated b. Approximate length of the area to be vacated c. Approximate total square footage of the area to be vacated I declare under penalty of perjury and the laws of the State of Washington that I/We are the true and correct owner(s) of the property seeking a street vacation. The information on this form is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. of Applicant Signature of Applicant 15 -2L $ n Date Z: /C Date When submitting this application, please make sure the following requirements and documents are completed. • Neighboring petition signed by the owners of more than two-thirds of the property abutting upon the part of such street or alley sought to be vacated; • New legal description to include the requested right-of-way; • Documentation supporting the fair market value of the street or alley sought to be vacated, if applicable; • Documentation supporting the Non -User Statue applies, if applicable • Dimensions of area proposed to be vacated; • Map of the proposed right-of-way to be vacated outlined or highlighted; ■ Application processing fee of $120; and • $500 appraisal fee refundable deposit (Petitioner shall pay the actual cost of the appraisal, upon Council approval). FOR CITY CLERK'S OFFICE USE ONLY $120 Street Vacation Fee Received __Yes _ No Receipt No.: $500 Street Vacation Appraisal Fee (Refundable Deposit) _Yes _ No Receipt No.:, Petitions Received from Adjacent Property Owners _Yes _ No Public Hearing Date: Notices Posted by: Date of Noticing: Approved by the Council Yes No Revised 117119 Page 2 of 3 Street Vacation Application Page 23 of 78 City of Port Orchard -° �_- `°"�° City Clerk's Office { 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us www.cityofportorchard.us STREET VACATION PETITION TO NEIGHBORING PROPERTY OWNERS The Information on this form is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. Property Owner Seeking Vacation (Petitioner): Dana Harmon and John Phillips First and Last Name Contact Information: 360 473 8614 Phone Email Street or Nearest Cross Street of Requested Vacation: Kitsap St Parcel Number of Requested Vacation: Unopened Right of WaV Signatures of neighboring property owners (Note: all persons who have an ownership interest must_siig the petition. This includes co-owner(s) and/or spouse. Geraldine Harmon Home Owner No. 1-First and Last Name (printed) (Signature) Home Owner No. 2-First and Last Name (printed) (Signature) 906 Kitsap St, Port Orchard, WA 98366 Property Address 4053-008-001-0000 Tax Parcel Number Mailing Address: 906 Kitsap St Port Orchard WA 98366 Street City State Zip Contact Information: 360-473-8613 Phone Email Revised 117119 Page 3 of 3 Street Vacation Application Page 24 of 78 Road vacation #1 BEGINNING AT the southeast corner of Lot 10, Block 7, Plat of First Addition to Sidney recorded in Book 1, at Page 10 of Plats, Kitsap County, Washington; Thence East to the southwest corner of Lot 16 of Block 8 of said plat; Thence north to the northwest corner of Lot 15 of Block 8 of said plat; Thence West to the northeast corner of Lot 6 of Block 7 of said plat; Thence South to the Point of Beginning. Road vacation #2 BEGINNING AT the southeast corner of Lot 5, Block 7, Plat of First Addition to Sidney recorded in Book 1, at Page 10 of Plats, Kitsap County, Washington; Thence East to the southwest corner of Lot 1 of Block 8 of said plat; Thence north to the northwest corner of Lot 2 of Block 8 of said plat; Thence West to the northeast corner of Lot 5 of Block 7 of said plat; Thence South to the Point of Beginning. j i'1 .. i ••,j 5/5/21 Page 25 of 78 ji nnr�fj-! - •j�e'F �'yr- - „ ` —k_ e�r'ryj�'d"��W 3_ iaanf• R � 3� p .�r,rs•AYY � � � f �7 � �"fri7'nf'f� "yl :J'.M """°u yl y �rxu �+:�mrz i�'•v7Qa7 /d)""�'+x%�ai7 �� Fj"�iI�V �f d�. -1�� ,.v��. • � �i-s�gC Y'�'n' f� ��077�7p�'u+� rm/` ,..yy7 ...,�,.pj y, } .a ,•� J % /— f�{ // ..,.r1» na+� •++rAs/� r7v' J+,71 19"0 frr»+y+ Pyr rN r•»yr f' / Jf'� j � '�na ffl rPn+ �g�,�„ryr+ii•mirytx •r�J 7'fT ^'.ice. 7v.,� � r?r :faY/I i�9»jfr'er. - re 7 11 �fflinr.>fr� a . %� �mrfv/rrusrf'p� r�rvsyrrr+ �` f L n z / 1sJI err.: a mn v .Y t r'" . J j �7Ff • i" •. P.v+> > \ t r ii jv77 s !� /• ! r• k,-f/ . rfi >�"�' [� orJ ?. 1r • f �/� Y Aj �r�- j �, J I ff �7 J.� J� •�+'aaJ7�7 yg' •. arr n ag .o z� % 0 7712 ■� a�J sl 2'/ F / •J L c / /7 r W i n r.-7 LLt •, FY iArl r�> w Page 26 of alw, OLD TQWNr REALTY BROKERS PRICE OPINION RE: Vacating Harrison Ave. Kitsap St. to DeKalb Street Port Orchard, WA. Subject Properties: Noel Larsen & Dena 851 Dekalb St. Phillips Kymberly A. 905 Dekalb St. October 29, 2021 Phillip & Dana Harmon 824 Kitsap St. Geraldine R. Harmon 906 Kitsap St. Criteria: Specific analysis and value attrition is given to the current community need and/or municipal use or development of the ROW property since November, 1888. Similar size property(ies) pending and/or closed sales over the previous 12-month period within a 2-mile radius of subject property that are inside the city limits of Port Orchard. There are only 3 properties that meet this criterion. .ADDRESS PRICE CDOM SERVICES SF PRICE Pending] Feasibility 1667 SE Crawford Rd $67,000 245 No Sewer $13.98 Sold: 3752 SE Rhapsody Dr $65,000 1 No sewer $ 6.34 0000 Dekalb $91,500 69 Full Service $12.20 Summary: The Harrison Ave extension that is subject of this BPO has been in existence, the city has never been inclined to use or develop the property as a public right of way since the original plat date of November, 1888. Additionally, Harrison Ave between Bay Street and Prospect Alley and Prospect Alley to Kitsap St has previously been vacated. The topography of the subject Harrison Ave. property, also, presents steep incline challenges that preclude the right of way property being developed into a usable right of way. Value: Primarily the deficiencies of the subject properties as use as right of way, the lack of demand for development into a usable ROW and the City of Port Orchard's hesitancy to incur the cost to develop a less than needed ROW supports a value of $4,000 for vacating and transferring ownership of the Harrison Ave. right of way from Kitsap St. to DeKalb St. to the listed owners, above. Respectfully Submitted, Donn Hughes Designated Broker / Principal Page 1 of 1 Page 27 of 78 Petition to Vacate City Right of Way: "Harrison Avenue" Unopened ROW Between Dekalb Street and Kitsap Street Summary: For this Petition to Vacate the public right-of-way, unimproved and unopened Harrison Ave, between Kitsap Way and Dekalb St, it is our understanding that we, the abutting property owners, Noel and Dena Larsen, Kymberly Phillips, Dana Harmon and John Phillips and Geraldine Harmon, own the fee title to the centerline of the public right-of-way. It is also our understanding that the fee title is encumbered by the City of Port Orchard with an easement for a public right-of-way. We believe this public right-of-way was established around 1888 under the original platting. It appears that in the time since it was established the right-of-way has remained unopened and unimproved. Additionally, in the next block to the north, the Harrison Ave right-of-way between Bay St and Kitsap Way has already been vacated by the City of Port Orchard thus isolating this public right- of-way to between Dekalb St and Kitsap Way. We believe the City of Port Orchard has no current or future need of or plans for this public right-of-way. It is our understanding of the law that, as unimproved and unopened public right-of-way, we can currently use the right-of-way as we can the rest of our property, subject to the possibility of it being opened and improved at some point in the future. Given that we, the owners of the abutting properties already hold fee title to the areas to be vacated, we ask the city to unencumber the fee title held by us in these properties by removing the public right-of-way easement associated with our properties, to extinguish the public easement allowing us to regain unencumbered title to the property and we ask the city to do so for a nominal amount, we propose a total of $4000 (four thousand dollars). Page 28 of 78 Vacant Land Thumbnail " 1667 SE Crawford Rd, Port Orchard, WA 98366 MLS#: 1617505 Status: PF Stat Dt: 02/27/2021 L Price: $67,000 Area: 143 Lot #: O Price: $67,000 Lot Size: .110 ac/4,792 sf Pr/Lot SF: $13.98 CDOM: 245 Sub Prop: Vacant Land Office: Century 21 Northwest Style: 40 - Res -Less thn 1 Ac Broker: Carrie Leinum - Commty: South Kitsap Lot Dtls: Dead End Street, Paved Street Recent: 02/27/2021 : Pending : A->PF 3752 SE Rhapsody Dr, Port Orchard, WA 98366 S Price: $69,000 r MLS#: 1635442 Status: S Stat Dt: 09/22/2020 L Price: $65,000 Area: 143 Lot #: 21 0 Price: $65,000 Lot Size: .250 ac/10,890 sf Pr/Lot SF: $6.34 CDOM: 1 Sub Prop: Vacant Land Office: John L. Scott, Inc. Style: 40 - Res -Less thn 1 Ac Broker: Deborah Bonneville • Commty: Port Orchard Project: Melody Village Zone Class: Residential Lot Dtls: Cul-de-sac, Paved Street DeKalb St, Port Orchard, WA 98366 S Price: $85,000 MLS#: 1551422 Status: S Stat Dt: 06/09/2020 L Price: $91,950 Area: 143 Lot #: O Price: $91,950 Lot Size: .160 ac/6,970 sf Pr/Lot SF: $12.20 CDOM: 69 Sub Prop: Vacant Land Office: G Anderson Group LLC Style: 40 - Res -Less thn 1 Ac Broker: Gary Anderson Commty: Port Orchard Zone Class: Business, Multi -Family, Residential Lot Dtls: Alley, Paved Street Information Deemed Reliable But Cannot Be Guaranteed. Lot Size and Square Footage Are Estimates. 3/12/2021 3:37:56 PM. Page 29 of 78 KI TSAP WA7re::%TE2—�T N SITE PLAN 1 "=40"—O" �14J 824 Kitsop St f[+II Port Orchard, WA 98366 TAX PARCEL NO. 4053-007-005-0008 .17 acre (approx. 7.405 sq ft) L_ 66.00 I I C. 906 Kitsop St RIGHT OF WAY o Port Orchard, WA 98366 .18 ocre (approx. 7,920 sq ft) N TAX PARCEL NO. 4053-008-001-0000 r 0.24 acre (approx. 10,454 sq ft) I I � — ALLEY — 66.00 ALLEY i f 821 Dekalb St 1 I Port Orchard, WA 98366 RIGHT OF WAY o 905 Dekalb St TAX PARCEL NO. 4053-007-010-0001 18 acre (approx. 7,554 sq ft) Port Orchard, WA 98366 0.29 acre (approx. 12,632 sq ft) I TAX PARCEL NO. 4010, 454 q ft) 004 0.24 acre (approx. 10, 454 sq ft) jI' I I I ' DEKALB ST z QNge 30 of 78 Z Q General Parcel #: 4053-007-005-0008 824 KITSAP ST PORT ORCHARD, WA 98366 Taxpayer Name PHILLIPS J & HARMON DANA D Mailing Address 824 KITSAP ST PORT ORCHARD, WA 98366 Parcel No. 4053-007-005-0008 Account ID 1508381 Site Address 824 KITSAP ST PORT ORCHARD, WA 98366 Status Active Property Class 111 - Single family residence Page 31 of 78 General Parcel #: 4053-008-001-0000 906 KITSAP ST PORT ORCHARD, WA 98366 Taxpayer Name HARMON GERALDINE R Mailing Address 906 KITSAP ST PORT ORCHARD, WA 98366 Parcel No. 4053-008-001-0000 Account ID 1508431 Site Address 906 KITSAP ST PORT ORCHARD, WA 98366 Status Active Property Class 111 - Single family residence Page 32 of 78 17 m Marie -Luce Enterprises 1 t_r Port Orchard "" cosmetics store y d Methodist i}- T AV ff What Kitsap 5t Kltsap St p" Kits ap St. r Kitsap Kitsap St., TiAkirokp Z. ID ekaltf St kalh St Oe 1 Si Dekald St Capi I�ChPtian - Kitsap 'w All limp i1 T. Ask- Marie Enterprises cosmetics store4w �Wiffjv_ -AIL r .7 Jv.... Kitsap St Kitsap St Kitsap St Kitsap Kitsap St ��• �_ 1, -' •� a. 'Mrs. Howe - r— . __ _ and Breakfast % # At �� 1 k• --fir •.1 r'i •�! Deicelh Oekelb St alh St oekalb St Dekalh Uekal6 St am +� iAs•`- +� " - `� N- C-pit. l Chiian -Kitsap �� i In y Zoom Out Full Extent +�; Prev Extent ♦f; Next Extent Pan Draw Measure �it� Select Layers Results `, Print i �a Zoom to Location >r. y st rrl.,rt _n �t� entity Results i Tax a er LARSEN NOEL & ❑ENA �� J�.I p y JTROWS J r� 4ccount No 4053-007-010-0001 i s 4ccount ID 1508423 1 Site Address 821 DEKALB ST PORT I I I ORCHARD 98366 821 DEKALB 5T PORT � Mail Address ORCHARD WA 98366 n Tax Statement Photos & Sketches C]rr.alb St JJ! -JJ � 'arcel Details Tax &Levy Assessments 1311 9J-10,JJ a _and & Location Building & Improvements T Receipts Splits. Value &Tax History_ { DU & Merges Voting Districts = JJ'f JJ Sales History_ DCD Permit Info f�v'ight •t ti Urvklon St Q nri•i riri �1 Red is the vacated area; leaving out the alley. Alley will remain ROW. Page 35 of 78 From: Rob Putaansuu To: Nick Bond; Noah Crocker; Mark Dorsey Cc: Keri Sallee Subject: RE: Parking -Options Date: Tuesday, May 4, 2021 3:55:10 PM June is fine... Nothing to champion, just a discussion item. Rob Putaansuu City of Port Orchard Mayor Please be aware that e-mails which pertain to City business may be considered public records and may be subject to public disclosure laws. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 36o.876.4407• From: Nick Bond <nbond @cityofportorchard. us> Sent: Tuesday, May 4, 2021 3:53 PM To: Rob Putaansuu <rputaansuu@cityofportorchard.us>; Noah Crocker <ncrocker@cityofportorchard.us>; Mark Dorsey <mdorsey@cityofportorchard.us> Cc: Keri Sallee <kSallee@cityofportorchard.us> Subject: RE: Parking -Options I agree that it may be needed, but I don't have the bandwidth for another project right now. DCD has typically not been involved in parking permit issues. I am happy to have Keri put it on the June LU Committee if someone can champion this. Nick From: Rob Putaansuu <rputaansuu(@cit)tofportorchard.us> Sent: Tuesday, May 4, 2021 3:51 PM To: Noah Crocker <ncrockerl@cityofportorchard.us>; Nick Bond <nbond (@cityofportorchard.us>; Mark Dorsey <mdorsey(@cityofportorchard.us> Subject: RE: Parking -Options I believe this is a land use issue. Rob Putaansuu City of Port Orchard Mayor Please be aware that a -mails which pertain to City business may be considered public records and may be subject to public disclosure laws. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 36o.876.4407. From: Noah Crocker<ncrocker(@cityofoortorchard.us> Sent: Tuesday, May 4, 2021 3:47 PM To: Nick Bond <nbond(@cityofportorchard. us>; Rob Putaansuu <rputaansuu(@cityofportorchard.us>; Mark Dorsey <mdorsey(@cityofportorchard.us> Subject: RE: Parking -Options Page 36 of 78 I spoke with Ms. Harmon and she confirmed she is advocating for a new parking product and option which would allow her to provide a guest pass for her landscaping company. She confirmed once a week a landscaping company comes and does work for her for approximately 6-8 hours and it is an inconvenience for them to move their truck with trailer after 4 hours to avoid the parking ticket. She is hoping for some type of annual guest pass which could be purchased for maintenance and other service orientated business -like landscaping, nanny, etc which typically require longer parking then 4 hours. We discussed the special parking permit option which is only valid for specific time and date period. I don't believe the Special Parking Permit is intended to be used in the fashion described above. She did not think the Special Parking Permit would work for her and would certainly not be the most efficient way of handling this parking circumstance. I guess, I'm kicking the ball back to you Nick or the Mayor to discuss a new parking permit option. We can jointly discuss when convenient, but any change of this magnitude would require going to commissions, committees, and council to amend code as well as working with PD parking enforcement. Ball is back to you, Thanks Noah Noah Crocker Finance Director City of Port Orchard 360-876-7023 ncrockerCMcityofportorchard.us www.cityofportorchard.us Like us on Facebook (�o Please consider the environment before printing this e-mail Please be aware that a -mails which pertain to City business may be considered public records and may be subject to public disclosure laws. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 36o.876.4407. From: Nick Bond <nbond(@cityofportorchard. us> Sent: Tuesday, April 27, 2021 11:33 AM To: Rob Putaansuu<rautaansuu(@cityofportorchard.us>; Noah Crocker <ncrocker(@cityofportorchard.us>; Mark Dorsey <mdorsey(@cityofportorchard.us> Subject: RE: Parking -Options Page 37 of 78 Noah, Ms. Harmon was calling about the residential parking permit program administered by your department. She has a once a week landscape company come work for her and they need to park for 6-8 house while they are working. She wanted to get a parking permit to allow her landscaper to park while he is working. Under 10.14.040, the finance department has the authority to issue special parking permits on a case by case basis. POMC 10.14.040 (5) states: (5) The finance department may issue a special parking permit on a case -by -case basis for situations that do not fall within one of the above parking permit designations when it is determined that a need exists for such issuance. Such special parking permits shall only be valid through the date and on the street(s) listed thereon. There shall be an administrative fee for each special parking permit. The fee shall be set by resolution and adopted by the city council. (Ord. 025-16 § 4; Ord. 029-15 § 4; Ord. 011-07 § 4; Ord. 1928 § 3, 2004; Ord. 1427 § 5, 1988). The ball is in your court. Nicholas M. Bond, AICP Development Director City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 (360) 876-7049 From: Rob Putaansuu <rputaansuu(@cityofportorchard.us> Sent: Tuesday, April 27, 2021 11:20 AM To: Nick Bond <nbond(@cityofportorchard. us> Subject: RE: Parking -Options I appreciate it... Thank you Rob Putaansuu City of Port Orchard Mayor Please be aware that e-mails which pertain to City business may be considered public records and may be subject to public disclosure laws. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 36o.876.4407. From: Nick Bond <nbond (@cityofportorchard. us> Sent: Tuesday, April 27, 2021 11:19 AM To: Noah Crocker<ncrocker(@cit)lofportorchard.us>; Mark Dorsey <mdorse)z(@cit)lofportorchard.us>; Rob Putaansuu <rputaansuu(@cityofportorchard.us> Subject: RE: Parking -Options Page 38 of 78 Mayor, unless you want to talk to Jerry (Gerry?) first, I can call her. Nick From: Noah Crocker <ncrocker(@cityofportorchard.us> Sent: Tuesday, April 27, 2021 11:17 AM To: Nick Bond <nbond Pcityofportorchard. us>; Mark Dorsey<mdorseyt(@cityofportorchard.us>; Rob Putaansuu<rautaansuu(@cityofportorchard.us> Subject: Parking -Options To whom it may concern, Jerry Harmon has been trying to someone in the City to discuss additional parking products and options. She would like the council to add some additional parking options/solutions. This seems like a DCD, PW or Administrative concern. Could whomever this is for please at 360-473-8613 or 360- 876-2047. Thanks, Noah Noah Crocker Finance Director City of Port Orchard 360-876-7023 ncrocker@cityofportorchard.us www.cityofportorchard.us Like us on Facebook (�o Please consider the environment before printing this e-mail Please be aware that e-mails which pertain to City business may be considered public records and may be subject to public disclosure laws. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 36o.876.4407• Page 39 of 78 Keri Sallee From: Rob Putaansuu Sent: Wednesday, June 16, 2021 12:54 PM To: Mark Dorsey Cc: Nick Bond; Keri Sallee Subject: RE: Strathmore Circle Yes lets take this to land use. Rob Putaansuu City of Port Orchard Mayor Please be aware that e-mails which pertain to City business may be considered public records and may be subject to public disclosure laws. If you think that you have received this e-mail message in error, please notify the sender via e-mail or telephone at 360.876.4407. From: Mark Dorsey <mdorsey@cityofportorchard.us> Sent: Wednesday, June 16, 2021 12:48 PM To: Tony Lang <tlang@cityofportorchard.us>; Zack Holt <zholt@cityofportorchard.us>; Kara Sexton <ksexton@cityofportorchard.us>; Chris Esguerra <cesguerra@cityofportorchard.us> Cc: Rob Putaansuu <rputaansuu@cityofportorchard.us> Subject: RE: Strathmore Circle Importance: High Mayor ....... we will need to discuss further as we need direction, maybe Land Use Committee? From: Tony Lang <tlang@cityofportorchard.us> Sent: Wednesday, June 16, 2021 12:45 PM To: Mark Dorsey <mdorsev@citvofportorchard.us>; Zack Holt <zholt@citvofportorchard.us>; Kara Sexton <ksexton@citvofportorchard.us>; Chris Esguerra <cesguerra@citvofportorchard.us> Subject: RE: Strathmore Circle There are approx. 65 trees of varying distance behind the edge of the asphalt sidewalk that are on the outside and inside loop of Strathmore. Approx. 16 or more trees have varying degrees of root intrusion under the sidewalk. See attached pits. 1 Page 40 of 78 * `yam.• 0 � i 1�.`wil�tiln� l � y - ,[r I{ Ih r d ! VAI gL vf- do y Y ' 5'fjpr,'y;tl x I _ r or PL Pf- 14 el— r f� _ . - _ - f * • � +''i+ it � � � ' f . _ { ` L y•+' Jk'-S-M1,1 - }Tr#?M f'fk. i1 •-t ••� _ ,� `` F _ + ry a_f,A "� �� ,r� Y �,•' ,rt ''.'.M.� yr• S�# = '#•- r . f� �1*Tk' yti+ xvp +. " .fir * • / #'r Y] r �% 1 �I- • '„i re PL �re lip _ t• .�,� n,... . �', • f wF h'! * . r{+'�, •art { �,h *# - ; yy t�.4' +'_* •f, * .tt4 }•-' Fray ��' �E _�' f '� � + F t# �. r ���� '• ! � . , • +' • � t '� F + y* ,••` 4#`*rev '~ # "j. ��r 4+`'`+'��.', # • *i to v 4' ram.*` ��,a .? # _ i + +" y �Y ti.. } ,# From: Mark Dorsey <mdorsev@citvofportorchard.us> Sent: Wednesday, June 16, 2021 12:31 PM To: Tony Lang <tlang@citvofportorchard.us>; Zack Holt <zholt@cityofportorchard.us>; Kara Sexton <ksexton@cityofportorchard.us>; Chris Esguerra <cesguerra@citvofportorchard.us> Subject: RE: Strathmore Circle Correct, and Kara was going to relay the information to Linda. We are still assessing the HMA walkway issue. From: Tony Lang <tlang@citvofportorchard.us> Sent: Wednesday, June 16, 2021 12:30 PM To: Zack Holt <zholt@citvofportorchard.us>; Mark Dorsey <mdorsev@citvofportorchard.us>; Kara Sexton <ksexton@cityofportorchard.us>; Chris Esguerra<cesguerra@citvofportorchard.us> Subject: RE: Strathmore Circle We'll maintain it for accessibility to the utilities but its not intended for a pedestrian path. It is gravel and has significant slope in the middle. Signs will be posted that pedestrian use will be at their own risk. From: Zack Holt <zholt@cityofportorchard.us> Sent: Wednesday, June 16, 2021 11:43 AM To: Tony Lang <tlang@citvofportorchard.us>; Mark Dorsey <mdorsev@citvofportorchard.us>; Kara Sexton <ksexton@cityofportorchard.us>; Chris Esguerra <cesguerra@citvofportorchard.us> Subject: RE: Strathmore Circle This is ours. We need to maintain it. Water/sewer facility tract E. From: Tony Lang <tlang@cityofportorchard.us> Sent: Tuesday, June 15, 2021 1:32 PM To: Mark Dorsey <mdorsey@cityofportorchard.us>; Zack Holt <zholt@cityofportorchard.us>; Kara Sexton <ksexton@cityofportorchard.us>; Chris Esguerra<cesguerra@cityofportorchard.us> Subject: RE: Strathmore Circle From: Mark Dorsey <mdorsev@cityofportorchard.us> Sent: Tuesday, June 15, 2021 1:20 PM To: Zack Holt <zholt@citvofportorchard.us>; Kara Sexton <ksexton@cityofportorchard.us>; Tony Lang <tlang@citvofportorchard.us>; Chris Esguerra <cesguerra@citvofportorchard.us> Subject: RE: Strathmore Circle Following up on this? From: Mark Dorsey Sent: Thursday, June 10, 2021 1:22 PM To: Zack Holt <zholt@citvofportorchard.us>; Kara Sexton <ksexton@cityofportorchard.us>; Tony Lang <tlang@citvofportorchard.us>; Chris Esguerra <cesguerra@citvofportorchard.us> Subject: RE: Strathmore Circle Can someone pull and print out the F-Plat...... thanks 5 Page 44 of 78 From: Zack Holt <zholt@citvofportorchard.us> Sent: Thursday, June 10, 2021 1:18 PM To: Mark Dorsey <mdorsev@citvofportorchard.us>; Kara Sexton <ksexton@citvofportorchard.us>; Tony Lang <tlang@citvofportorchard.us>; Chris Esguerra <cesguerra@citvofportorchard.us> Subject: RE: Strathmore Circle It's not continuously owned by the City. The west half is private and the pond is an HOA pond. Weird. From: Mark Dorsey <mdorsev@cityofportorchard.us> Sent: Thursday, June 10, 2021 1:15 PM To: Zack Holt <zholt@citvofportorchard.us>; Kara Sexton <ksexton@cityofportorchard.us>; Tony Lang <tlang@citvofportorchard.us>; Chris Esguerra<cesguerra@citvofportorchard.us> Subject: RE: Strathmore Circle Correct....... this makes no sense. And it's not intended as a public walkway? From: Zack Holt <zholt@cityofportorchard.us> Sent: Thursday, June 10, 2021 1:14 PM To: Mark Dorsey <mdorsev@cityofportorchard.us>; Kara Sexton <ksexton@cityofportorchard.us>; Tony Lang <tlang@cityofportorchard.us>; Chris Esguerra<cesguerra@citvofportorchard.us> Subject: RE: Strathmore Circle Why do we own this? its not storm. Maybe sewer easement? 6 Page 45 of 78 WI DwL. S.L.y. x +' L.i.•L-M Ler..i tw+Y+i TYu 1.1� ial. t+ Tt....q kL.ta 4M 5r.. I-0, AALm, -. • ..�..4 4Y.— L Aeb l .1 �aL k,..x=pt m �}.r ....�4ML. 4FY 1 ' -•Call"}u _-.Ian"taL .E © RIFd _ Nee tL cm 0, -Qq, mu-u Yl.' 4..4AUS .V.CI t...n .. �+11w10-i•u�ww 4..H IY ia-114S NG �111 rau. riaM... DOMIUMMU YxM J I I.ROI.KT 1=.45? 9W -RYf.41MIsin IhW. JL lLSLUM l.rtY S[:m L Y..m 1.:. rt.LLM ii.1LLg�La WazI.13A-Led, From: Mark Dorsey <mdorsev@citvofportorchard.us> Sent: Thursday, June 10, 2021 12:59 PM To: Kara Sexton <ksexton@citvofportorchard.us>; Tony Lang <tlang@citvofportorchard.us>; Chris Esguerra <cesguerra@citvofportorchard.us> Cc: Zack Holt <zholt@citvofportorchard.us> Subject: RE: Strathmore Circle Is this the access road to the pond? If so .... why is it our pond? From: Kara Sexton <ksexton@cityofportorchard.us> Sent: Thursday, June 10, 2021 12:58 PM To: Tony Lang <tlang@citvofportorchard.us>; Chris Esguerra<cesguerra@citvofportorchard.us> Cc: Mark Dorsey <mdorsey@cityofportorchard.us> Subject: Strathmore Circle k Homeowner in Strathmore circle just called in reporting multiple tree roots coming up through the concrete throughout the entire development that need to be taken care of. She said that they do not have sidewalks along that street and she has tripped over the breaking concrete. She also said that the access road that runs from Strathmore to Rutherford is supposed to be maintained by the city, and it has not been. Linda Ordonia 360.479.4380. 7 Page 46 of 78 Kara Sexton Public Works Office Asst. 2 City of Port Orchard 360-876-4991 Click here to visit our Facebook page Have a wonderful day! 8 Page 47 of 78 Chapter 5.60 FIREWORKS Sections: 5.60.005 Definitions. 5.60.010 Permit and state license required - Fee. 5.60.015 Fireworks permits - Forms and deadlines. 5.60.020 Conditions for sales of fireworks and public display - Permit issuance. 5.60.030 Temporary stands. 5.60.040 Number of licenses and stands limited. 5.60.050 Exploding fireworks legal period designated. 5.60.055 Prohibition due to extreme fire danger. 5.60.060 Chapter supplementary to state law. 5.60.070 Violations - Penalty. 5.60.080 Enforcement by fire authority. 5.60.005 Definitions. (1) "Fireworks" means any composition or device designed to produce a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of "articles pyrotechnic' or "consumer fireworks" or "display fireworks" as set forth in Chapter 70.77 RCW. (2) "Consumer fireworks" means smaller fireworks designed primarily for use by consumers, as further defined by RCW 70.77.136 and WAC 212-17-025. (3) "Display fireworks" means larger fireworks designed primarily for display and classified as such by the U.S. Department of Transportation, as further defined by RCW 70.77.131 and WAC 212-17-025. (4) "Public display" means an entertainment feature where the public is or could be invited, admitted and/or permitted to view the display or discharge of display fireworks. (5) "Extreme fire danger" means a period of hot, dry weather accompanied by low fuel moistures. It is during this period that wildland fires can be exl3RTd@,°Hb fire growth will be accelerated. (6) "Fire authority" means the fire marshal of the South Kitsap Fire and Rescue District or his/her designee. (7) "Retail sales" means any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. (Ord. 013-16 § 2). 5.60.010 Permit and state license required - Fee. No person, firm or corporation shall import, manufacture, transport (except as a public carrier delivering to a licensee), possess, store, sell or offer to sell at retail or wholesale or discharge fireworks inside the city limits of the city of Port Orchard without first obtaining a permit from the city and a license from the state of Washington. The fee for obtaining a city permit shall be $100.00 per year payable in advance. (Ord. 038-08 § 2; Ord. 026-08 § 2; Ord. 1706 § 1, 1998). 5.60.015 Fireworks permits - Forms and deadlines. (1) Applications for permits required by this chapter shall be submitted in such form and detail as prescribed by the fire authority. A separate application shall be required for each site and activity. Applications shall include, at a minimum: (a) The application fee; (b) Copy of appropriate state licenses; (c) A site or discharge plan; (d) The names, addresses and telephone numbers of the applicant(s) and responsible party(ies); and (e) When applicable, a description of the proposed activity detailing how it satisfies the conditions set forth under POMC 5.60.020. (2) Permit applications shall be received by the DCD permit center for review by the fire authority: (a) No later than 4:30 p.m. on the last official city work day in May for retail sales; (b) No later than 4:30 p.m. at least 40 business days prior to the date of an intended public display; and (c) Prior to commencing a permitted activity for all other uses (3) Pursuant to RCW 70.77.280, the city council hereby designates the chief of the fire authority or his or her designee as the person with the authority tpagea4r�t f8deny permits that are sought pursuant to this chapter. (4) Permits issued pursuant to this chapter are nontransferable. (Ord. 032-17 § 2; Ord. 013-16 § 3; Ord. 038-08 § 3). 5.60.020 Conditions for sales of fireworks and public display - Permit issuance. A permit for the sale of fireworks or for public display shall be issued only upon the following terms and conditions: (1) The applicant shall have a valid and subsisting license issued by the state of Washington authorizing the holder thereof to engage in the fireworks business, a copy of which shall be filed with the DCD permit center. (2) For sales of fireworks, the applicant shall obtain a business license from the city. (3) The applicant shall have and keep in full force and effect a policy of insurance approved by the city attorney saving the city harmless for any acts of the licensee in the following amounts: $500,000 or more for injury to any one person in one accident or occurrence, $1,000,000 for injury to more than one person for any one accident or occurrence, $300,000 for injury to property in any one accident or occurrence. Proof of insurance coverage shall be included with the application for a permit and shall be filed with the DCD permit center. (4) For sales of fireworks, the location of the proposed place of business shall comply with the zoning ordinances of the city. (5) Applicant shall post a $50.00 deposit conditioned upon the prompt removal of the temporary stand and/or the cleaning up of all debris from the site. If the applicant removes such temporary stand and cleans up all the debris before the tenth day of July each year, he shall be entitled to the return of his $50.00 deposit. (6) Public displays of fireworks shall comply with the provisions of RCW 70.77.280 in that the fire authority shall determine whether the proposed display would pose a hazard to property or a danger to persons. The fire authority shall prepare a written report detailing the findings and recommendations for or against the issuance of the permit. The fire authority report shall be filed with the DCD permit center. (Ord. 032-17 § 3; Ord. 013-16 § 4; Ord. 038-08 § 4; Ord. 026-08 § 3; Ord. 1706 § 2, 1998). 5.60.030 Temporary stands. All safe and sane consumer fireworks shall be sold only from temporary stands and must conform to the written rules and regulations of the fire authority. (Ord. 013-16 § 5; Ord. 1706 § 3, 1998). Page 50 of 78 5.60.040 Number of licenses and stands limited. (1) Fourth of July Holiday Period. Each permittee shall be issued a fireworks permit annually and is entitled to only one retail sales outlet. (Ord. 013-16 § 6; Ord. 016-09 § 1; Ord. 038-08 § 5; Ord. 026-08 § 4; Ord. 1706 § 4, 1998). 5.60.050 Exploding fireworks legal period designated. No person shall use or explode any fireworks within the city except from 11:00 a.m. to 11:00 p.m. on the fourth day of July of any year and except where public displays are authorized pursuant to the laws of the state of Washington. (Ord. 026-08 § 5; Ord. 1706 § 5, 1998). 5.60.055 Prohibition due to extreme fire danger. The mayor, after consulting with the fire authority, and other officials as may be deemed appropriate, may prohibit the discharge of all fireworks during periods of extreme fire danger. In addition, the city council may, after conducting a public hearing, adopt by resolution emergency limitations or prohibitions on the sale of fireworks during periods of extreme fire danger. Such emergency limitations or prohibitions shall be temporary and the reasons necessitating the emergency limitations or prohibitions shall be clearly defined in the resolution. (Ord. 015-16 § 1; Ord. 013-16 § 7). 5.60.060 Chapter supplementary to state law. This chapter is intended to implement Chapter 70.77 RCW and shall be construed in connection with the law and any and all rules or regulations issued pursuant thereto. (Ord. 1706 § 6, 1998). 5.60.070 Violations - Penalty. (1) Any person failing to comply with Chapter 70.77 RCW or any rules or regulations of the State Fire Marshal or the fire authority shall be guilty of a violation of this chapter. (2) Any person violating any of the provisions or failing to comply with the mandatory requirements of this chapter shall be guilty of a misdemeanor. Any person convicted of a misdemeanor shall be punished by a fine not to exceed $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation or any provision of this chapter is committed, continued or permitted by any such person. (Ord. 1706 § 7, 1998). 5.60.080 Enforcement by fire authdrw.1 of78 The fire authority or his duly authorized representative is designated as the enforcing officer of this chapter. (Ord. 1706 § 8, 1998). Page 52 of 78 Chapter 9.48 FIREWORKS Sections: 9.48.010 PERMIT- REQUIRED -FEE. 9.48.020 PERMIT - CONDITIONS FOR ISSUANCE. 9.48.030 STANDS - CONFORMANCE TO REGULATIONS REQUIRED. 9.48.040 HOURS AND DAYS OF SALE AND DISCHARGE. 9.48.050 STATE STATUTE APPLICABILITY. 9.48.060 RECKLESS DISCHARGE OR USE OF FIREWORKS. 9.48.070 PROHIBITION DUE TO EXTREME FIRE DANGER. 9.48.080 ENFORCEMENT. 9.48.090 PERMIT REVOCATION OR SUSPENSION - AUTHORITY. 9.48.100 PENALTY FOR VIOLATIONS. 9.48.010 PERMIT - REQUIRED - FEE. Application for all local fireworks permits including applications for a permit to conduct a public display of fireworks required by the state fireworks law, Chapter 70.77 RCW, shall be made to the Fire Marshal. The fees for such permits shall be as set forth in Chapter 3.01 BMC. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4368 §26, 1992; Ord. 3370 §1, 1977) 9.48.020 PERMIT - CONDITIONS FOR ISSUANCE. The Fire Chief or his or her designee is responsible for review of any application for a permit for the sale of fireworks or for a public display of fireworks. If the application meets the requirements of state law and this chapter, the Fire Chief or his or her designee is authorized to grant the application and issue a permit. (a) Sale of Fireworks. A permit for the sale of fireworks shall be issued only upon the following terms and conditions: (1) The applicant shall have a valid and subsisting license issued by the State Fire Marshal authorizing the holder thereof to engage in the retail sale of safe and sane fireworks only. (2) The applicant shall have and keep in full force and effect a policy of insurance approved by the City's Risk Manager saving the City harmless for any acts or failures of the permittee, in accordance with Chapter 70.77 RCW. (3) The location of a proposed place of business shall comply with the zoning ordinances of the City. (4) The applicant shall provide a land lease agreement for the location of the proposed place of business signed by the land owner or his authorized representative. Page 53 of 78 (5) The applicant shall provide a scale drawing of the location of the proposed place of business showing the relationship of the fireworks stand to streets and other buildings. (6) The applicant shall submit the name, address and phone number of the person or persons responsible for the fireworks stand. (7) The applicant shall submit the address of all storage locations for stock that is kept on reserve and not on display for sale. (8) No permit applications shall be processed before the first day of May or accepted after the first day of June of the year of sale. (9) The applicant shall post a fifty dollar ($50.00) cash bond conditioned upon the prompt removal of the temporary stand and the cleaning up of all debris from the site. If the permittee removes such temporary stand and cleans up all of the debris before the tenth day of July of the permit year, he shall be entitled to the return of the fifty dollars ($50.00). (b) Public Display of Fireworks. A permit for a public display of fireworks shall be issued only upon the terms and conditions as set forth Chapter 70.77 RCW. (1) It shall be unlawful for any person to hold, conduct or engage in a public display of fireworks within the City without having obtained a valid permit issued pursuant to the provisions of this chapter. (2) Permit applications for the public display shall be submitted in full a minimum of thirty (30) days prior to the scheduled display. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 3370 §2, 1977) 9.48.030 STANDS - CONFORMANCE TO REGULATIONS REQUIRED. (a) Only "common fireworks" authorized by Chapter 212-17 WAC, except toy caps, shall be sold only from temporary stands which conform to the written rules and regulations of the Fire Chief of the City. No device, product or effect similar to Chinese lanterns containing an open flame shall be sold, discharged or released at any time. (b) Each fireworks stand shall have an adult (eighteen (18) years of age or older) in attendance at all times. No person under the age of sixteen (16) years old shall be allowed inside the stand. (c) A sign stating "NO SALE OF FIREWORKS TO ANY PERSON UNDER THE AGE OF 16 YEARS OLD, PHOTO ID REQUIRED." (d) All permittees shall conform to the minimum standards and conditions set forth in the Rules and Regulations for Retail Fireworks Stands by the Fire Chief. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4653, Amended, 07/18/1999; Ord. 3370 §3, 1977) 9.48.040 HOURS AND DAYS OF SALE AND DISCHARGE. (a) No person shall use or explode any fireworks within the City except from 11:00 a.m. to 11:00 p.m. on July 4th of any year or as part of a public display authorized pursuant to the laws of the State of Washington and this chapter. It shall not be legal to use or discharge fireworks at any other time, specifically including, without limitation, from 6:00 p.m. on December 31st of any year until 1:00 a.m. on January 1st of the subsequent year. Only "common fireworks" authorized by Chapter 212-17 WAC are to be discharged during the authorized time period. Page 54 of 78 (b) Sales of fireworks shall be prohibited except from 12:00 noon to 11:00 p.m. on June 28th; and from 9:00 a.m. to 11:00 p.m. on each day from June 29th through July 4th in any calendar year. Nothing in this provision shall make it illegal to have public displays of fireworks when approved by the Bremerton Fire Department in accordance with the Bremerton Municipal Code. (c) The possession of any class or kind of fireworks in violation of the provisions of this chapter is prohibited. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4653, Amended, 07/18/1999; Ord. 4455 §1, 1994; Ord. 4420 §1, 1993; Ord. 4379 §1, 1992; Ord. 3370 §5, 1977. Formerly 9.48.050.) 9.48.050 STATE STATUTE APPLICABILITY. This chapter is intended to implement Chapter 70.77 RCW, and shall be construed in connection with said laws and all rules and regulations issued pursuant thereto. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 3370 §6, 1977. Formerly 9.48.060.) 9.48.060 RECKLESS DISCHARGE OR USE OF FIREWORKS. It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006) 9.48.070 PROHIBITION DUE TO EXTREME FIRE DANGER. During periods of extreme fire danger, the Fire Chief may prohibit the discharge of all fireworks. For the purpose of this section, "extreme fire danger" means a period of hot, dry weather accompanied by low fuel moistures. It is during this period that wildland fires can be expected and fire growth will be accelerated. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4379 §2, 1992; Ord. 3370 §7, 1977) 9.48.080 ENFORCEMENT. The Police Chief, or designee, and the Fire Chief, or designee, are authorized to enforce all provisions of this chapter except those provisions where enforcement authority is explicitly provided to the Fire Chief. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4653, Amended, 07/18/1999; Ord. 3370 §8, 1977) 9.48.090 PERMIT REVOCATION OR SUSPENSION - AUTHORITY. The Fire Chief or his or her designee may at any time suspend or revoke any permit issued under the provisions of this chapter, if the permittee has: (a) Violated any of the provisions of this chapter, or any of his servants, agents or employees have done so; (b) Made any false statement or misrepresentation of fact in connection with obtaining the permit; (c) Failed to obtain or has had any license required by the State of Washington to engage in any act prohibited by Chapter 70.77 RCW, or this chapter, to be done without a license, suspended or revoked; (d) Has had any insurance coverage required by this chapter canceled, revoked, or lapsed. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4653, Added, 07/18/1999) 9.48.100 PENALTY FOR VIOLATIONS. Page 55 of 78 (a) Violation. It shall be unlawful for any person to sell, use, transfer, discharge, ignite or otherwise cause to explode common fireworks, or to commit any other violation of the provisions of this chapter. (b) Civil Infraction. Except for subsection (d) of this section, any violation of subsection (a) of this section shall constitute a civil infraction punishable by a maximum penalty of two hundred fifty dollars ($250.00), not including statutory assessments. (c) Misdemeanor. A second or subsequent violation of subsection (a) of this section by any person within a twelve (12) month period shall constitute a misdemeanor punishable pursuant to BMC 1.12.020(2). (d) Gross Misdemeanor. Any person violating the provisions of BMC 9.48.060 shall be guilty of a gross misdemeanor punishable pursuant to BMC 1.12.020(1). (e) Seizure and Disposal of Fireworks. In addition to the penalties provided in this section, the Police Chief, or designee, and the Fire Chief, or designee, may seize and dispose of fireworks that are possessed, sold, purchased, offered for sale, and/or used in violation of this chapter according to the seizure and forfeiture procedures contained in RCW 70.77.435 and 70.77.440. (Ord. 5284 §1 (part), 2015) Page 56 of 78 Chapter 8.28 FIREWORKS Sections: 8.28.010 Definitions. 8.28.020 Consumer fireworks. 8.28.040 Display fireworks. 8.28.060 Special effects for entertainment media. 8.28.070 Acts not prohibited — Signal purposes, forest protection, etc. 8.28.100 Prohibition due to extreme fire danger. 8.28.110 Applicability. 8.28.120 Chapter in connection with state law. 8.28.130 Enforcement. 8.28.140 Penalty for violations. 8.28.010 Definitions. A. "Fireworks" means any composition or device designed to produce a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of "articles pyrotechnic" as set forth in RCW 70.77.138, or "consumer fireworks" or "display fireworks." B. "Public display" means an entertainment feature where the public is invited, admitted, or permitted to view the display or discharge of display fireworks. C. "Private display" means an entertainment feature where the public is not invited, admitted, or permitted to view the display or discharge of display fireworks. D. "Special effects," pursuant to RCW 70.77.146, means any combination of chemical elements or chemical compounds capable of burning independently the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical or opera production, or live entertainment. E. "Trick or novelty devices" shall have the same meaning as provided in WAC 212-17-025. F. "Display fireworks" shall have the same meaning as provided in RCW 70.77.131. G. "Extreme fire danger" means a period of hot, dry weather accompanied by low fuel moistures. It is during this period that wildland fires can be expected and fire growth will be accelerated. H. "Fire marshal" means the fire marshal of the Bainbridge Island fire department, or his or her designee. Page 57 of 78 I. "Consumer fireworks" shall have the same meaning as provided in RCW 70.77.136, and the term shall include the devices outlined as examples of consumer fireworks in WAC 212-17-025. (Ord. 2019-21 § 1 (Exh. A), 2019) 8.28.020 Consumer fireworks. The transfer, sale, possession, use, or discharge of consumer fireworks is prohibited within the city. (Ord. 2019-21 § 1 (Exh. A), 2019) 8.28.040 Display fireworks. A. Except as allowed under this section, the transfer, sale, possession, use, or discharge of display fireworks is prohibited within the city. B. No person shall hold, conduct, or operate a public display or a private display of display fireworks in the city without having first obtained a valid permit issued by the fire marshal to do so. C. Applications for a permit to hold, conduct, or operate a public display or a private display of display fireworks shall be made to the fire marshal at least 10 days prior to the scheduled event. Applicants shall meet all qualifications and permit requirements of state law regarding public display of fireworks and all fire and safety requirements as set forth in the standards for public displays under Chapter 70.77 RCW, the fire code adopted in Chapter 20.04 BIMC, and all applicable National Fire Protection Association standards. If the application is approved, the applicant shall comply with all conditions listed in the permit issued by the fire marshal. (Ord. 2019-21 § 1 (Exh. A), 2019) 8.28.060 Special effects for entertainment media. This chapter does not prohibit the assembling, compounding, use, and display of special effects of whatever nature by any person engaged in the production of motion pictures, radio or television productions, theatricals, or operas when such use and display is a necessary part of the production and such person possesses a valid permit issued by the fire marshal to purchase, possess, transport, or use such fireworks, and meets the requirements of BIMC 8.28.040. (Ord. 2019-21 § 1 (Exh. A), 2019) 8.28.070 Acts not prohibited — Signal purposes, forest protection, etc. This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, motor or sail vessels, or other transportation agencies for signal purposes or illumination or for use in forest protection activities or those uses described in RCW 70.77.311. (Ord. 2019-21 § 1 (Exh. A), 2019) 8.28.100 Prohibition due to extreme fire danger. During periods of extreme fire danger, the fire marshal may prohibit the discharge of all fireworks within the city, regardless of whether or not such discharge would otherwise be allowed under this chapter. (Ord. 2019- 21 § 1 (Exh. A), 2019) 8.28.110 Applicability. The provisions of this chapter shall be applicable to the sales and use of all fireworks except toy paper caps containing not more than twenty -five -hundredths grain of explosive compound for each cap, and trick or novelty devices that are not consumer or display fireworks. (Ord. 2019-21 § 1 (Exh. A), 2019) 8.28.120 Chapter in connection with state law. This chapter is intended to augment Chapter 70.77 RCW and shall be construed in connection with that law and any and all rules or regulations issued pursuant thereto. (Ord. 2019-21 § 1 (Exh. A), 2019) 8.28.130 Enforcement. Page 58 of 78 Commissioned law enforcement officers of the Bainbridge Island police department are authorized to enforce all provisions of this chapter except those provisions where enforcement authority is explicitly provided to the fire marshal. (Ord. 2019-21 § 1 (Exh. A), 2019) 8.28.140 Penalty for violations. A. Except as provided in subsection B of this section, conduct made unlawful by this section shall be a civil infraction and is subject to a monetary penalty and a default amount of $500.00 plus statutory assessments. A civil infraction under this section shall be processed in the manner set forth in Chapter 7.80 RCW. B. Any person who continues to be in violation of this section after receiving a notice of infraction pursuant to subsection A of this section, or who again violates this section within 12 months after receiving a notice of infraction pursuant to subsection A of this section, commits a misdemeanor and any person who is convicted thereof shall be punished by a fine not to exceed $1,000, or by imprisonment in jail for a term not exceeding 90 days, or by both such fine and imprisonment. C. In addition to the penalties provided in subsections A and B of this section, the fire marshal and commissioned law enforcement officers of the Bainbridge Island police department may seize and dispose of fireworks that are possessed, sold, purchased, offered for sale, or used in violation of this chapter according to the seizure and forfeiture procedures contained in RCW 70.77.435 and 70.77.440. (Ord. 2019-21 § 1 (Exh. A), 2019) Page 59 of 78 Chapter 8.20 FIREWORKS Sections: 8.20.010 Fireworks —Statutes adopted by reference. 8.20.020 Permit —Required. 8.20.030 Permit application —Contents. 8.20.040 Permit application —Fee —Bond. 8.20.050 Permit application —Insurance. 8.20.060 Permit application —Filing time. 8.20.070 Permit application —Investigation report. 8.20.080 Permit —State -issued license required. 8.20.090 Permit —Issuance decision. 8.20.100 Public display —Permit —Nontransferable. 8.20.110 Public display —Supervision. 8.20.130 Sale —Fixed place of business required. 8.20.140 Permit —Scope. 8.20.150 Sale —Stands —Time limitation. 8.20.160 Sale —Stands —Standards. 8.20.170 Storage facility requirements. 8.20.180 Fire nuisance prohibited. 8.20.190 Special —Sale or transfer restricted. 8.20.200 Permit revocation or suspension —Authority. 8.20.210 Permit revocation or suspension —Notice. 8.20.220 Permit revocation or suspension-2AVI*&f.78 8.20.230 Exceptions —Signals —Illumination. 8.20.240 Out-of-state shipment. 8.20.250 Special effects permitted. 8.20.260 Reckless discharge prohibited. 8.20.265 Hours of sale and discharge of fireworks. 8.20.270 Possession prohibition. 8.20.275 Extreme fire danger. 8.20.280 Violation —Penalty. 8.20.290 Violation —Separate offense for each day. 8.20.010 Fireworks —Statutes adopted by reference. Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 70.77 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties: RCW 70.77.126 - 70.77.241 Definitions 70.77.255 Acts prohibited without appropriate licenses and permits 70.77.410 Public displays not to be hazardous 70.77.485 Unlawful possession of fireworks —Penalties 70.77.488 Unlawful discharge or use of fireworks 70.77.510 Unlawful sales or transfers of display fireworks —Penalty 70.77.515 Unlawful sales or transfers of consumer fireworks —Penalty 70.77.517 Unlawful transportation of fireworks —Penalty 70.77.520 Unlawful to permit fire nuisance where fireworks kept —Penalty 70.77.540 Penalty 70.77.545 Violation a separate, continuing offense (Ord. 2007-42 § 1, 2007: Ord. 2002-22 § 1, 2002: Ord. 2001-09 § 2, 2001; Ord. 84-25 § 1, 1984) 8.20.020 Permit —Required. Page 61 of 78 A. No person shall do any of the following acts in the city of Poulsbo without having first obtained and having in full force and effect a valid permit to do so: 1. Manufacture, import, possessor sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail; provided, however, that no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; 2. Make a public display of fireworks; or 3. Transport fireworks, except as a permittee or as a public carrier delivering to a permittee. B. Except as authorized by a permit issued under this chapter, no person may discharge display fireworks at any place. C. No person less than eighteen years of age may apply for or receive a permit under this chapter. (Ord. 2002-22 § 2, 2002: Ord. 84-25 § 2, 1984) 8.20.030 Permit application —Contents. A. Any person desiring to do any act set forth in Section 8.20.020 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant. If the application is made by a partnership, it shall be signed by each partner of the partnership, and if the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation. B. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: The true name, address and telephone number of the applicant; 2. A statement by the applicant that he or she is over the age of eighteen years of age; 3. A statement as to whether the applicant possesses a license issued by the Washington State Patrol, acting through the director of fire protection, to do the act for which the permit is sought, and the current status of the license; 4. The proposed location at which the applicant intends to perform the act for which the permit is sought; 5. Such other information as the fire chief may require in order to make the investigation and report required by Section 8.20.070. (Ord. 2002-22 § 3, 2002; Ord. 84-25 § 3(A), 1984) 8.20.040 Permit application —Fee —Bond. Page 62 of 78 A. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee as set forth in Section 3.12.040(M). The city council finds that this charge is necessary to cover the legitimate administrative costs for permit processing and inspection. B. The applicant shall post a cash bond pursuant to Section 3.12.040(M) which cash bond shall be conditioned upon the prompt removal of the temporary stand and the cleaning up of all debris from the site by the tenth day of July of each year for the Fourth of July holiday or the fifth day of January of the following year for the New Year's Eve celebration. Failure to remove the temporary stand and clean up all debris from the site within the required time frame shall cause the bond to be forfeited to the city of Poulsbo. (Ord. 2003-16 § 23, 2003: Ord. 84-25 § 3(B), 1984) 8.20.050 Permit application —Insurance. A. All applications for permits pursuant to this chapter shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive liability insurance policy with the following minimum coverage limits: For bodily injuries: Not less than five hundred thousand dollars per person and two million dollars per event; and 2. For property damage: Not less than five hundred thousand dollars per event. B. The general liability policy required by this section shall name the city of Poulsbo as an additional insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without thirty days' written notice to the city. The policy shall be in a form approved by the city attorney. (Ord. 2002-22 § 4, 2002: Ord. 84-25 § 3(C), 1984) 8.20.060 Permit application —Filing time. Applications for public display of fireworks shall be made in writing at least ten days in advance of the proposed display. (Ord. 84-25 § 3(D), 1984) 8.20.070 Permit application —Investigation report. It shall be the duty of the fire chief to make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person. (Ord. 84-25 § 4, 1984) Page 63 of 78 8.20.080 Permit —State -issued license required. No permit shall be issued unless the person applying therefor has first obtained and has in full force and effect a valid license issued by the State Fire Marshal, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. (Ord. 84-25 § 6, 1984) 8.20.090 Permit —Issuance decision. The fire chief shall have the power, based upon the findings of his investigation, to grant or deny any application for a permit, or to subject the same to such reasonable conditions, if any, as he shall prescribe. (Ord. 84-25 § 5, 1984) 8.20.100 Public display —Permit —Nontransferable. A. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. B. No such permit granted shall be transferable. (Ord. 84-25 § 7, 1984) 8.20.110 Public display —Supervision. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator approved by the fire chief. (Ord. 84-25 § 8, 1984) 8.20.130 Sale —Fixed place of business required. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. (Ord. 2002-22 § 5, 2002: Ord. 84- 25 § 11, 1984) 8.20.140 Permit —Scope. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to salesmen and other employees of such person. (Ord. 84-25 § 9, 1984) 8.20.150 Sale —Stands —Time limitation. Page 64 of 78 All sales of consumer fireworks shall be from temporary stands. Temporary stands for sales to occur during the authorized retail sales period from June 28th to July 5th of any year shall not be erected prior to the eighteenth of June of that year and shall be removed or torn down not later than the tenth of July of that year. Temporary stands for sales to occur during the authorized sales period from December 27th to December 31 st of any year shall not be erected prior to seventeenth of December of that year and shall be removed or torn down not later than the fifth of January of the following year. (Ord. 2002- 22 § 6, 2002: Ord. 84-25 § 12, 1984) 8.20.160 Sale —Stands —Standards. The fireworks stands of all those persons engaging in the sale of common fireworks pursuant to a permit issued under this chapter shall conform to the following minimum standards and conditions: A. Fireworks stands shall comply with all provisions of the building code and shall be constructed in such a manner so as not to endanger the safety of attendants and patrons. B. No fireworks stand shall be located within fifty feet of any other building or structure, nor within one -quarter of one mile of any gasoline station, oil storage tank or premises where flammable liquids are kept or stored. C. Each fireworks stand must have at least two exits which shall be unobstructed at all times. D. Each fireworks stand shall have, in a readily accessible place, at least two full buckets of water and/or a fire extinguisher duly approved in advance by the fire chief. E. All weeds, grass and combustible material shall be cleared from the location of the fireworks stand and the surrounding area a distance of not less than twenty feet, measured from the exterior walls on each side of the fireworks stand. F. No smoking shall be permitted in or near a fireworks stand, and the same shall be posted with proper "No Smoking' signs. G. Each fireworks stand shall have an adult in attendance at all times that the stand is stocked. Stock from the stand shall not be removed or stored in any other building during the sales period without the express written approval of the fire chief. H. No fireworks stand shall be located within a radius of one -quarter mile from any other stand. I. Each fireworks stand shall have provision for sufficient off-street parking, in the opinion of the fire chief, to avoid impeding continuous flow of traffic at entrances and exits from the premises. J. Each fireworks stand shall post prominently a list of fireworks that may be sold to the public. (Ord. 84-25 § 13, 1984) Page 65 of 78 8.20.170 Storage facility requirements. It shall be unlawful for any person to store permanently stocks of fireworks remaining unsold after the lawful period of sale as provided in the person's permit except in such places of permanent storage as the permit approves. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from nine a.m. on June 28th to twelve noon on July 5th shall be returned on or before July 31 st of the same year, or remaining after the authorized retail sales period from twelve noon on December 27th to eleven p.m. on December 31 st shall be returned on or before January 10th of the subsequent year, to the approved permanent storage facilities of a licensed fireworks wholesaler or to a magazine or permanent storage facility approved by the fire chief. Upon receiving a written application at least ten days prior to the date of proposed storage, the fire chief shall investigate whether the character and location of the storage would constitute a hazard to any property or be dangerous to any person. Based upon the investigation, the fire chief may grant or deny an application for storage or to subject the same to such reasonable conditions, if any, as he/she shall prescribe. (Ord. 2002-22 § 7, 2002: Ord. 84-25 § 15, 1984) 8.20.180 Fire nuisance prohibited. No person shall allow any rubbish to accumulate in any premises where any fireworks are sold or stored or permit a fire nuisance to exist on such premises. (Ord. 84-25 § 14, 1984) 8.20.190 Special —Sale or transfer restricted. No person shall sell or transfer any special fireworks to any person who is not a fireworks permittee as provided in this chapter. (Ord. 84-25 § 17, 1984) 8.20.200 Permit revocation or suspension —Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this chapter, if the permittee has: A. Violated any of the provisions of this chapter, or any of his servants, agents or employees has done so; B. Made any false statement or misrepresentation of fact in connection with obtaining the permit; C. Failed to obtain or has had any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW, or this chapter, to be done without a license, suspended or revoked; D. Had any insurance coverage required by this chapter cancelled, revoked or lapsed. (Ord. 84-25 § 21(A), 1984) Page 66 of 78 8.20.210 Permit revocation or suspension —Notice. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this chapter, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice by the permittee. (Ord. 84-25 § 21(B), 1984) 8.20.220 Permit revocation or suspension —Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this chapter shall be final. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the Kitsap County superior court by filing such appeal within ten days of the date of the final decision of the fire chief. This shall be the exclusive remedy of any permittee under this chapter. (Ord. 84-25 § 21(C), 1984) 8.20.230 Exceptions —Signals —Illumination. This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other transportation agencies for signal purposes or illumination or for use in forest protection activities. (Ord. 84-25 § 20, 1984) 8.20.240 Out-of-state shipment. This chapter does not prohibit any manufacturer, wholesaler, dealer orjobber, having a license issued by the State Fire Marshal and a permit secured under the provisions of this chapter, from manufacturing or selling any kind of fireworks for direct shipment out of this state. (Ord. 84-25 § 18, 1984) 8.20.250 Special effects permitted. This chapter does not prohibit the assembling, compounding, use and display of special effects of whatever nature by any person engaged in the production of motion pictures, radio, or television productions, theatricals or operas when such use and display is a necessary part of the production and such person possesses a valid permit issued by the city of Poulsbo to purchase, possess, transport or use such fireworks. (Ord. 84-25 § 19, 1984) 8.20.260 Reckless discharge prohibited. Page 67 of 78 It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. (Ord. 84-25 § 22, 1984) 8.20.265 Hours of sale and discharge of fireworks. A. No fireworks shall be sold, offered for sale, or exposed for sale at any time within the city except as follows: 1. Between the hours of twelve noon and eleven p.m. on June 28th of each year; 2. Between the hours of nine a.m. and eleven p.m. on each day from June 29th through July 4th of each year; 3. Between the hours of nine a.m. and nine p.m. on July 5th of each year; and 4. Between the hours of twelve noon to eleven p.m. on December 27th through December 31 st of each year. B. No person shall ignite, explode, use, burn, or discharge any fireworks at anytime within the city except: 1. Between the hours of twelve noon and eleven p.m. on June 28th of each year; 2. Between the hours of nine a.m. and eleven p.m. on each day from June 29th through July 4th of each year; 3. Between the hours of nine a.m. and nine p.m. on July 5th of each year; and 4. Between the hours of six p.m. on December 31 st of each year and one a.m. on January 1 st of the subsequent year. C. The prohibition set forth in subsection B of this section shall not apply to public displays of fireworks that have been approved as provided in this section. The city council may approve a public display of fireworks on dates and at times not otherwise allowed under this section if all of the following conditions are met: 1. The public display of fireworks is to be conducted in conjunction with a recognized community festival, such as Viking Fest or a similar event, or the public display is to be conducted in order to recognize an event of historic, cultural, or community significance to the city of Poulsbo; and 2. Impacts to persons and properties in the vicinity from traffic, noise, and other deleterious effects have been adequately mitigated; and Page 68 of 78 3. A public display permit as required by this chapter has been applied for and approved, and the conditions of such permit have been or will be complied with. D. Any person violating any of the regulations contained in this section shall be punished as provided in Sections 8.20.280 and 8.20.290 of the Poulsbo Municipal Code. (Ord. 2005-19 § 1, 2005; Ord. 2002-22 § 8, 2002: Ord. 2001-09 § 1, 2001; Ord. 95-15 § 1, 1995) 8.20.270 Possession prohibition. The possession of any class or kind of fireworks in violation of the provisions of this chapter is prohibited. (Ord. 84-25 § 16, 1984) 8.20.275 Extreme fire danger.* During periods of extreme fire danger, as determined by the fire chief or the fire chiefs designee, the fire chief or the fire chiefs designee may prohibit the discharge of any or all fireworks within the city limits. At a minimum, the Kitsap County fire marshal's burn ban, based upon fuel moisture measurements, must be declared and in place prior to this determination. (Ord. 2016-02 § 1, 2016) * Code reviser's note: Section 3 of Ord. 2016-02 provides: "Effective Date. Pursuant to RCW 70.77.250(4) this ordinance shall take effect one year after adoption and publication of the attached summary, which is hereby approved. If RCW 70.77.250(4) is amended to allow for an earlier effective date, the effective date will be as soon as possible under state law." Ord. 2016-02 is therefore effective February 12, 2017. 8.20.280 Violation —Penalty. A. Unless specifically designated otherwise, or is specified to be enforced pursuant to other law, including, but not limited to, other chapters or titles of this code, any violation of this chapter is a misdemeanor. B. Such penalty is in addition to any other remedies or penalties specifically provided by law. For each act herein prohibited of a continuing nature, each day shall be considered a separate offense. C. Failure to respond or appear fees for Poulsbo Municipal Code violations in this chapter will be assessed a failure to respond or appear fee at the rate set in RCW 46.63.110(4), as now enacted or hereinafter amended, which is hereby adopted by reference as if fully set forth herein. D. If a time pay agreement is requested, a fee of not to exceed ten dollars per charge or twenty-five dollars per payment plan may be imposed. (Ord. 2007-42 § 2, 2007: Ord. 97-33 § 2, 1997: Ord. 84-25 § 23, 1984) 8.20.290 Violation —Separate offens9for°each day. A person commits a separate offense for each day during which he commits, continues or permits a violation of any provision of this chapter. (Ord. 84-25 § 24, 1984) Page 70 of 78 Chapter 10.48 FIREWORKS Sections 10.48.010 Discharge restricted. 10.48.012 Retail sales restricted. 10.48.013 Emergency restrictions. 10.48.014 Fireworks permits. 10.48.016 Supervision of public displays. 10.48.018 Enforcement. 10.48.020 Violation — Penalty. 10.48.010 Discharge restricted. Discharge of consumer fireworks in the unincorporated portion of Kitsap County is restricted to July 4th between the hours of 11:00 a.m. and 11:00 p.m. Exception: Discharge by public display may be conducted if permitted and authorized pursuant to Section 10.48.014. (Ord. 377 (2007) § 1, 2007: Ord. 248 (2000) § 1 (part), 2000: Ord. 152-A (1999) § 1, 1999: Ord. 152 (1993) § 1, 1993) 10.48.012 Retail sales restricted. Consumer fireworks may be sold at retail in the unincorporated portion of Kitsap County from 12:00 noon on June 28th until 10:00 p.m. on July 4th of each year. However, no consumer fireworks may be sold between the hours of 11:00 p.m. and 9:00 a.m. from June 28th through July 4th. Fireworks may not be sold at any other time, specifically including the period between December 27th and January 1 st of each year. (Ord. 377 (2007) § 2, 2007: Ord. 248 (2000) § 1 (part), 2000) 10.48.013 Emergency restrictions. If drought or other conditions pose a threat to the public health, safety and welfare, the board of county commissioners may, after conducting a public hearing, adopt by resolution emergency limitations or prohibitions on the sale or use of fireworks. Emergency limitations shall be temporary and the reasons necessitating the emergency limitations shall be clearly defined in the resolution. (Ord. 533 (2016) § 1, 2016) 10.48.014 Fireworks permits. Page 71 of 78 No person, firm or corporation shall import, manufacture, transport (except as public carrier delivering to a licensee), possess, store, sell or offer to sell at retail or wholesale or discharge fireworks in the unincorporated portions of Kitsap County without first obtaining a permit from the fire marshal. Exception: No permit is required for the sale or use of agricultural or wildlife fireworks exempted from licensing by the State Fire Marshal by the provisions of Chapter 70.77 RCW; and, no permit is required for the private possession, transportation or discharge of consumer fireworks as defined in WAC 212-17-035 during authorized use periods. Permits required by this section shall be issued or denied by the county fire marshal and subject to the same approval and appeal procedure standard as a Type I procedure. Additional permits are required to use a temporary membrane structure for the retail sale of fireworks. 1. Applications for permits required by this chapter shall be submitted in such form and detail as prescribed by the fire marshal. A separate application shall be required for each site and activity. Applications shall include as a minimum: a. The applicable fee; b. Appropriate state licenses; c. Insurance certificate(s); d. A site or discharge plan; and e. The names, addresses and telephone numbers of the applicant(s) and responsible party(ies). 2. Permit applications shall be received by the fire marshal: a. No later than 4:30 p.m. on the last official county work day in May for retail sales; b. Not less than ten business days prior to the date of an intended public display; and c. Prior to commencing a permitted activity for all other uses. 3. In addition to the other requirements of this chapter or Chapter RCW 70.77 RCW: a. Applicants for firework retail sales or public display permits shall procure and maintain a policy or policies of public general liability, bodily injury and property damage insurance in a company or companies approved by the county in the minimum amount of one million dollars ($1,000,000) single limit; Kitsap County shall be named as an additional insured. b. Retail sales of fireworks shall occur only from temporary structures and such structures are limited in location to those zones wherein commercial or industrial activities are authorized. Page 72 of 78 (Ord. 377 (2007) § 3, 2007: Ord. 248 (2000) § 1 (part), 2000) 10.48.016 Supervision of public displays. All public firework displays shall be conducted or supervised by a pyrotechnic operator licensed in accordance with the laws of the State of Washington. (Ord. 377 (2007) § 4, 2007: Ord. 248 (2000) § 1 (part), 2000) 10.48.018 Enforcement. The provision of this chapter may be enforced either by the Kitsap County sheriff's office, the Kitsap County fire marshal or the fire marshal's official designee. Authorized representatives of the Kitsap County sheriff's office or the Kitsap County fire marshal's Office may issue a citation or a notice of infraction for any violation of this ordinance or section of the county code if the authorized representative reasonably believes that any provision of this chapter has been violated. Violating any provision of this chapter, Chapter 70.77 RCW, WAC 212-17 or a lawful order issued by the fire marshal shall be grounds for the revocation of a fireworks permit. 1. Any fireworks sold, possessed, offered for sale, discharged or transported in violation of the provisions of this chapter shall be subject to seizure by the county fire marshal or law enforcement authority. 2. Firework seizures authorized by this section may be appealed as a Type 1 decision provided that such appeal is filed with the fire marshal within ten calendar days of the seizure. 3. The fire marshal may dispose of any seized fireworks by summary destruction at any time after the appeal deadline has passed or on order or judgment approving destruction. (Ord. 377 (2007) § 5, 2007: Ord. 248 (2000) § 1 (part), 2000) 10.48.020 Violation — Penalty. Violation of the ordinance codified in this chapter shall be as provided by Section 1.12.010 of the Kitsap County Code. (Ord. 248 (2000) § 1 (part), 2000: Ord. 152 (1993) § 2, 1993). Page 73 of 78 The Kitsap County Code is current through Ordinance 597 (2021), passed June 14, 2021, and Resolution 169- 2013, passed November 25, 2013. Disclaimer: The Clerk of the Board's Office has the official version of the Kitsap County Code. Users should contact the Clerk of the Board's Office for ordinances passed subsequent to the ordinance cited above. County Website: https://www.kitsapgov.com/ County Telephone: (360) 337-5777 / (800) 825-4940 Email the county: openline@co.kitsap.wa.us Code Publishing Company_ Page 74 of 78 Nome Chapter 8.20 FIREWORKS Sections: 8.20.010 Intent. 8.20.020 Applicability. 8.20.030 Compliance with licensing provisions. 8.20.040 Permit — Application. 8.20.050 Permit— Use requirements. 8.20.060 Permit— Maximum number. 8.20.070 Permit — Terms and conditions. 8.20.080 Permit— Granting limitations. 8.20.090 Temporary stands — Standards and conditions. 8.20.100 Temporary stands —Safe and sane fireworks only. 8.20.110 Time limit— Sale of fireworks. 8.20.120 Time limit —Use of fireworks. (Effective until April 26, 2022) 8.20.120 Time limit — Use of fireworks. (Effective April 26, 2022) 8.20.120 Time limit — Use of fireworks. 8.20.130 Unlawful acts. 8.20.140 Enforcement. 8.20.150 Violation — Penalty. 8.20.010 Intent. This chapter is intended to implement Chapter 228, Laws of 1961 of the state of Washington, and shall be construed in connection with said law and any and all rules or regulations issued pursuant thereto. (Ord. 1261 § 1, 2013; Ord. 418 § 13, 1983). 8.20.020 Applicability. The provisions of this chapter shall apply to the sale of all safe and sane fireworks, as defined by Chapter 228, Laws of 1961 of the state of Washington, except as to the sales of "toy caps" and "sparklers." (Ord. 1261 § 1, 2013; Ord. 418 § 12, 1983). 8.20.030 Compliance with licensing provisions. It is unlawful for any person, firm or corporation to engage in the retail sale of or to sell any fireworks within the city limits of Gig Harbor without first obtaining a city business license and complying with the provisions of Chapter 5.01 Page 75 of 78 GHMC. (Ord. 1261 § 1, 2013; Ord. 418 § 2, 1983). 8.20.040 Permit — Application. Applications for temporary fireworks stand permits must be accompanied by the permit fee and pursuant to this chapter may be filed and will be accepted by the city only during the period between April 15th and June 1st of the year for which the permit is sought. (Ord. 1261 § 1, 2013; Ord. 418 § 3, 1983). 8.20.050 Permit — Use requirements. A permit granted pursuant to this chapter shall entitle the permittee to maintain only one retail outlet. All permits issued pursuant hereto shall be used only by the designated permittee and shall be nontransferable. Any transfer or purported transfer of such a permit shall be deemed a violation of this chapter. (Ord. 1261 § 1, 2013; Ord. 418 § 4, 1983). 8.20.060 Permit — Maximum number. The maximum number of permits issued by the city in any year shall not exceed one for every 500 people or fraction thereof residing in the corporate limits of Gig Harbor. (Ord. 1261 § 1, 2013; Ord. 418 § 5, 1983). 8.20.070 Permit — Terms and conditions. A temporary fireworks stand permit for the sale of fireworks shall be issued only upon the following terms and conditions: A. The applicant shall have a valid and subsisting Washington State fireworks license issued by the Washington State Patrol authorizing the holder thereof to engage in the fireworks business. B. The applicant shall own or have the right to possess a temporary fireworks stand complying with the standards hereinafter set forth for temporary fireworks stands. C. The applicant shall procure and maintain a policy or policies of public liability and property damage insurance in a company or companies approved by the city of Gig Harbor in the following amounts: Not less than $1,000,000 commercial general liability (each occurrence); $50,000 damage to premises; $1,000,000 personal and advertising injury; $2,000,000 general aggregate; $2,000,000 products — completed operations aggregate. D. The permittee's location or place of business shall be only in those areas or zones within the city wherein commercial activities are authorized under the applicable zoning laws of the city of Gig Harbor; provided, that the sale of safe and sane fireworks shall not be deemed an enlargement of an existing nonconforming use; and provided further, that no fireworks shall be sold in any residential area where a commercial enterprise does not exist. E. The applicant shall file with the city a cash deposit in an amount not less than $100.00, conditioned upon the prompt removal of the temporary stand and the cleaning up of all debris from the site of the temporary stand. The deposit shall be returned to the applicant after he removes the temporary stand and cleans up all debris to the satisfaction of the building official/fire marshal. If he fails to do so, the cash deposit and all property not removed shall be forfeited to the city. In no event shall the applicant be entitled to the return of the cash deposit if he has failed to remove the temporary stand and clean up all debris by the tenth day of July of each year. (Ord. 1261 § 1, 2013; Ord. 418 § 6, 1983). 8.20.080 Permit — Granting limitations. In the event there are more applications for permits than there are permits available, permits shall be granted in the following manner: A. Any person, firm or corporation having been issued a permit and exercised its rights under that permit for the year prior to the making of the application shall be entitled to renew said permit. B. Any permits remaining shall be granted to those first applying therefor, who meet all the necessary qualifications and requirements. (Ord. 1261 § 1, 2013; Ord. 418 § 7, 1983). 8.20.090 Temporary stands — Standards and cono#" of 78 The temporary stands of all permit holders shall conform to the following minimum standards and conditions: A. Temporary fireworks stands need not comply with all provisions of the International Building Code; provided, however, that all such stands shall be erected under the supervision of the building inspector or his duly authorized representative, who shall require all stands to be constructed in a safe manner, ensuring the safety of attendants and patrons. In the event any temporary stand is wired for electricity, then the wiring shall conform to the Electrical Code of the state of Washington. B. No temporary fireworks stand shall be located within 20 feet of any other building or structure, nor within 50 feet of any gasoline station, oil storage tank or premises where flammable liquids are kept or stored. C. Each temporary fireworks stand must have at least two exits, which shall be unobstructed at all times. D. Each temporary fireworks stand shall have, in a readily accessible place, two approved, pressurized two -and - one -half -gallon water -type fire extinguishers. E. All weeds, grass and combustible material shall be cleared from the location of the temporary fireworks stand and the surrounding area a distance of not less than 20 feet, measured from the exterior walls on each side of said temporary fireworks stand. F. No smoking shall be permitted in or near a temporary fireworks stand and the same shall be posted with proper "No Smoking" signs. G. Each temporary fireworks stand shall have an adult in attendance at all times. No child or children under the age of 18 years shall be allowed inside the employee area of any temporary fireworks stand. H. All unsold stock and accompanying litter shall be removed from said temporary fireworks stand by 12:00 noon on July 6th of each year. (Ord. 1261 § 1, 2013; Ord. 418 § 10, 1983). 8.20.100 Temporary stands — Safe and sane fireworks only. All safe and sane fireworks except "toy caps" and "sparklers" shall be sold only from temporary stands. (Ord. 1261 § 1, 2013; Ord. 418 § 9, 1983). 8.20.110 Time limit — Sale of fireworks. No permittee shall sell at retail or offer for sale any fireworks authorized to be sold herein within the city limits of Gig Harbor except from 12:00 noon on June 28th to 12:00 noon on July 5th of any year. (Ord. 1261 § 1, 2013; Ord. 418 M-MIM 8.20.120 Time limit — Use of fireworks. (Effective until April 26, 2022) No person shall use or discharge any fireworks within the corporate limits of Gig Harbor except between the hours of 9:00 a.m. and 11:00 p.m. on July 1 st through July 3rd, and between the hours of 9:00 a.m. and midnight on July 4th; provided, that this prohibition shall not apply to duly authorized public displays where the same are authorized pursuant to the laws of the state of Washington. (Ord. 1317 § 1, 2015; Ord. 1261 § 1, 2013; Ord. 418 § 11, 1983) 8.20.120 Time limit — Use of fireworks. (Effective April 26, 2022) No person shall use or discharge any fireworks within the corporate limits of Gig Harbor except between the hours of 9:00 a.m. and midnight on July 4th; provided, that this prohibition shall not apply to duly authorized public displays where the same are authorized pursuant to the laws of the state of Washington. (Ord. 1460 § 1, 2021; Ord. 1317 § 1, 2015; Ord. 1261 § 1, 2013; Ord. 418 § 11, 1983). 8.20.120 Time limit — Use of fireworks. No person shall use or discharge any fireworks within the corporate limits of Gig Harbor except between the hours of 9:00 a.m. and midnight on July 4th; provided, that this prohibition shall not apply to duly authorized public displays where the same are authorized pursuant to the laws of the state of Washington. (Ord. 1460 § 1, 2021; Ord. 1317 § 1, 2015; Ord. 1261 § 1, 2013; Ord. 418 § 11, 1983)age 77 of 78 8.20.130 Unlawful acts. It is unlawful for any person to sell, possess, use or explode any dangerous fireworks within the city limits of Gig Harbor. Any item of fireworks which does not bear a "Safe and Sane" registration or classification of the State Fire Marshal in conformity with Chapter 228, Laws of 1961 of the state of Washington, shall be deemed dangerous and is prohibited by this chapter. (Ord. 1261 § 1, 2013; Ord. 418 § 1, 1983). 8.20.140 Enforcement. The chief of police or his duly authorized representative is designated as the enforcing officer of this chapter. In addition to all the grounds for revocation of permits set forth in the general provisions of this chapter, any failure or refusal on the part of permittee to obey any rule, regulation or request of the chief of police concerning the sale of fireworks shall be grounds for the revocation of a temporary fireworks stand permit. (Ord. 1261 § 1, 2013; Ord. 418 § 14, 1983). 8.20.150 Violation — Penalty. Violation of any portion of this chapter is an infraction and subject to a penalty of $1,000 as provided in GHMC 1.16.010(D). (Ord. 1261 § 1, 2013; Ord. 460 § 2, 1985; Ord. 418 § 15, 1983). Home < The Gig Harbor Municipal Code is current through Ordinance 1461, passed May 10, 2021. Disclaimer: The City Clerk's Office has the official version of the Gig Harbor Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. City Website: http://www.citygfgigharbor.net/ City Telephone: (253) 851-8136 Code Publishing Company Page 78 of 78