1650 - Ordinance - Parking, Stopping, or Standing.nended by Ordinance 1720
Section(s) Amended 12
Date: 07-13-98 ORDINANCE NO. 1650
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, ESTABLISHING REGULATIONS AND FEES
RELATED TO PARKING, STOPPING OR STANDING IN
CERTAIN AREAS OF THE CITY AND REPEALING
ORDINANCE NO 1522, ORDINANCE NO. 1384 §2,
ORDINANCE NO. 1356; AND ORDINANCE NO. 1152 §14
WHEREAS, WAC308.330.270 authorizes the City to adopt regulations to prohibit,
regulate or limit stopping, standing or parking of vehicles in the City by resolution, and
therefore,
WHEREAS, the City of Port Orchard desires to establish such regulations; now
THE COUNCIL OF THE CITY OF PORT ORCHARD DO ORDAIN AS FOLLOWS:
SECTION 1. Repealer. The following are hereby repealed:
a. Ordinance No. 1522, enacted
b. Ordinance No. 1384 §2, enacted.
C. Ordinance No. 1356, enacted.
d. Ordinance No. 1152 §14, enacted
SECTION 2. Definitions.
(A) Bicycle. 'Bicycle" means every device propelled solely by human power upon which a
person or persons may ride, having two tandem wheels either of which is sixteen inches or more
in diameter, or three wheels either of which is more than twenty inches in diameter. (RCW
46.04.071)
(B) Bus. "Bus" means every motor vehicle designed for carrying more than ten passengers and
used for transportation of persons, and every motor vehicle, other than a taxicab, designed and
used for the transportation of persons for compensation. (WAC 308-330-109)
(C) Bus stop. 'Bus stop" means a fixed portion of the highway parallel and adjacent to the curb
to be reserved exclusively for buses for layover in operating schedules or while waiting for,
loading, or unloading passengers: Provided, that such bus provides regularly scheduled service
within the jurisdiction of the local authority. (WAC 308-330-112)
(D) Crosswalk. "Crosswalk" means the portion of the roadway between the intersection area
and a prolongation or connection of the farthest sidewalk line or in the event there are no
sidewalks then between the intersection area and a line ten feet therefrom, except as modified
by a marked crosswalk. (RCW 46.04.160)
(E) Department. "Department' means the department of licensing unless otherwise specified
in this chapter. (WAC 308-330-121)
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(F) Director. "Director" means the director of licensing unless the director of a different
department of government is specified. (WAC 308-330-123)
(G) Holidays. "Holidays" include the first day of January, commonly called New Year's Day; the
third Monday in January, commonly called Martin Luther King Jr. day; the third Monday of
February, being celebrated as the anniversary of the birth of George Washington; the thirtieth day
of May, commonly known as Memorial Day; the fourth day of July, being the anniversary of the
Declaration of Independence; the first Monday in September, to be known as Labor Day; the
fourth Thursday in November, to be known as Thanksgiving Day; the twenty-fifth day of
December, commonly called Christmas Day; and any other day specified by ordinance by the
City of Port Orchard to be a holiday. Whenever any holiday falls upon a Sunday, the following
Monday shall be a holiday. (WAC 308-330-127)
(H) Legal Owner. "Legal owner" means a person having a security interest in a vehicle
perfected in accordance with chapter 46.12 RCW or the registered owner of a vehicle
unencumbered by a security interest or the lessor of a vehicle unencumbered by a security
interest. (RCW 46.04.270)
(1) Loading zone. "Loading zone" means a space reserved for the exclusive use of vehicles
during the loading or unloading of property or passengers.
(WAC 308-330-133)
(J) Motor vehicle. "Motor vehicle" shall mean every vehicle which is self-propelled and every
vehicle which is propelled by electric power obtained from overhead trolley wires, but not
operated upon rails. (RCW 46.04.320)
(K) Official time standard. "Official time standard" means, whenever certain hours are named,
standard time or daylight saving time as may be in current use within the jurisdiction of the local
authority. (WAC 308-330-136)
(L) Park or parking. "Park or parking" means the standing of a vehicle, whether occupied or
not, otherwise than temporarily for the purpose of and while actually engaged in loading or
unloading. property or passengers. (RCW 46.04.381)
(M) Passenger loading zone. "Passenger loading zone" means a place reserved for the
exclusive use of vehicles while receiving or discharging passengers. (WAC 308-330-151)
(N) Planting strips. 'Planting strips" means that portion of a highway lying between the
constructed curb, or edge of the roadway, and the property line exclusive of the sidewalk area.
(WAC 308-330-154)
(0) Police or police officer. "Police or police officer" includes the police officers or a city, a
town, marshal, or the sheriff and his/her deputies of a county whichever is applicable, but when
the term sheriff is used in this chapter, it shall only mean the sheriff. (WAC 308-330-157)
(P) Police chief or chief of police. "Police chief or chief of police" includes the police chief or
chief police officer of a city, a town marshal, or the sheriff of a county, whichever is applicable,
but when the term sheriff is used in this chapter, it shall only mean the sheriff. (WAC 308-330-
160)
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(0) Police department. "Police department" includes the police department of a city or town
or the sheriff's office of a county whichever is applicable, but when the term sheriff is used in this
chapter, it shall only mean the sheriff. (WAC 308-330-163)
(R) Private road or driveway. "Private road or driveway" includes every way or place in private
ownership and used for travel of vehicles by the owner or those having express or implied
permission from the owner, but not by other persons. (RCW 46.04.420)
(S) School bus zone. "School bus zone" means a designated portion of the highway along
the curb reserved for loading and unloading school buses during designated hours. (WAC 308-
330-169)
(f) Service parking. "Service parking" means the use of a parking meter space while rendering
service in cleaning, painting, adjusting, or making minor repairs or replacements in or to buildings
or building equipment or to public utilities. (WAC 308-330-172)
(U) Sidewalk. "Sidewalk" means that property between the curb lines or the lateral lines of a
roadway and the adjacent property, set aside and intended for the use of pedestrians or such
portion of private property parallel and in proximity to a public highway and dedicated to use by
pedestrians. (RCW 46.04.540)
M Stand or standing. "Stand or standing" means the halting of a vehicle, whether occupied
or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or
discharging passengers. (RCW 46.04.555)
(W) Street. "Street" means a "city street." (WAC 308-330-175)
(x) Taxicab. "Taxicab" means a motor vehicle for hire used for the transportation of persons
or compensation, and not operated exclusively over a fixed route or between fixed termini. (WAC
308-330-178)
(Y) Taxicab stand. 'Taxicab stand" means a fixed portion of a highway set aside for taxicabs
to stand or wait for passengers. (WAC 308-330-181)
(Z) Tow truck operator. 'Tow truck operator" means a person, firm, partnership, association,
or corporation which, in its course of business, provides towing services for vehicles and
automobile hulks. (WAC 308-330-184)
(AA) Traffic division. 'Traffic division" means the traffic division of the police department of the
local authority, or in the event a traffic division is not established, then said term whenever used
in this chapter shall be deemed to refer to the police department of the local authority. (WAC
308-330-187)
(BB) Vehicle. "Vehicle" includes every device capable of being moved upon a public highway
and in, upon, or by which any persons or property is or may be transported or drawn upon a
public highway, excepting devices moved by human or animal power or used exclusively upon
stationary rails or tracks. (RCW 46.04.670)
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(CC) U-turn. "U-turn" means turning a vehicle so as to proceed in the opposite direction on the
same roadway. (WAC 308-330-190)
SECTION 3. Public employees to obey traffic regulations.
The provisions of this chapter shall apply to the drivers of all vehicles owned or operated by the
United States, the state, or any county, city, town, district, or any other political subdivision of the
state, subject to such specific exceptions as are set forth in this chapter. (WAC 308-330-205)
SECTION 4. Police administration.
There is established in the Engineering Department of the City of Port Orchard a traffic
enforcement person to be under the control of the City Engineer.
SECTION 5. Duty of traffic division.
It shall be the duty of the traffic enforcement person, with such aid as may be rendered by other
members of the police department to enforce the traffic parking regulations of the City of Port
Orchard.
SECTION 6. Owner of record presumed liable for costs when vehicle abandoned.
Exception.
(A) The abandonment of any vehicle or automobile hulk shall constitute a prima facie
presumption that the last owner of record is responsible for such abandonment and thus liable
for any costs incurred in removing, storing, and disposing of any abandoned vehicle.
(B) A registered owner transferring a vehicle shall be relieved from personal liability under this
section if within five days of the transfer he/she transmits to the department a seller's report of
sale on a form prescribed by the director. (WAC 308-330-360)
SECTION 7. Required obedience to traffic ordinance.
It is unlawful for any person to do any act forbidden or fail to perform any act required by this
chapter. (WAC 308-330-403)
SECTION 8. Traffic control devices required.
No prohibition, regulation, or limitation relating to stopping, standing, or parking imposed under
this chapter or any ordinance of the City of Port Orchard for which traffic control devices are
required shall be effective unless official traffic control devices are erected and in place at the time
of any alleged offense. (WAC 308-330-409)
SECTION 9. Parking prohibited and restricted.
The City Council may from time to time establish parking prohibitions and restrictions on portions
of certain specified streets including the establishments of residential permit parking zones which
restrict parking of vehicles on certain streets at certain times except by permit. A copy of such
parking restrictions adopted by the city council, in the form in which they were adopted and
suitably marked to indicate amendments, additions, deletions or exceptions, shall be
authenticated and filed in the office of the City Clerk. In addition, copies thereof shall be available
for use and examination by the public during regular business hours.
Failure to comply with a parking restriction or prohibition adopted by the City Council and filed
with the City Clerk shall be cited under this section and shall constitute a Class A traffic infraction.
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SECTION 10. Obedience to angle -parking signs or markings.
Upon those highways which have been signed or marked for angle -parking, no person shall park
or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such
signs or markings. (WAC 308-330-430)
Violation of this section is a Class A parking infraction.
SECTION 11. Police Car Zones.
When signs are erected by the City Engineer giving notice thereof, no person shall stop, stand,
or park a vehicle other than a police car or an parking enforcement vehicle in a Police Car Zone
when any such zone has been officially designated by the City Engineer. Except, the driver of
a passenger vehicle may temporarily stop there for the purpose of or while actually engaged in
loading or unloading passengers when such stopping or standing does not interfere with any
police car waiting to enter or about to enter such stop.
Violation of this section is a Class A parking infraction.
SECTION 12. Violation of handicapped parking permit.
No person shall stop, stand, or park a vehicle in a parking space reserved for disabled persons
provided on public property or on private property without charge without a special license plate,
care or decal issued pursuant to RCW 46.16.380.
Violation of this section is a Class C parking infraction.
In addition to the Class C parking infraction, the Police Department may remove and impound the
offending vehicle.
SECTION 13. Yellow curbs.
Yellow painted curbs indicate no parking zones. No person shall park a vehicle adjacent to a
painted yellow curb.
Violation of this section is a Class A parking infraction.
SECTION 14. Parking not to obstruct traffic.
(A) No person shall parka vehicle upon a highway in such a manner or under such conditions
as to leave available less than ten feet of the width of the roadway for free movement or vehicular
traffic.
(B) No person shall stop, stand, or park a vehicle within an alley in such position as to block
the driveway entrance to any abutting property. (WAC 308-330-433)
Violation of this section is a Class A parking infraction.
SECTION 15. Special Passes.
(A) Motorists who are serving as Juror's or Witnesses' for Municipal Court, District Court or
Superior Court may be issued a Juror's or Witnesses' Pass from the Court. This pass will be
placed inside the car and will allow the car to park in excess of the posted time limitation on the
City Street. The Juror and/or Witness Pass shall be dated in order to be valid and is limited to
Jurors and Witnesses.
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(B) The City Engineer may issue Special Passes to other motorists when the City Engineer
determines that there is a need for issuance. The Special Pass will be placed inside the car and
will allow the car to park in excess of the posted time limitation on the City Street. The Special
Pass shall be dated in order to be valid and limited to only those people who are granted
approval by the City Engineer. Each pass shall be valid for only that amount of time necessary
to accomplish the motorist's need.
SECTION 16. Expired Registrations.
No motor vehicle or trailer may park on City
registration tags attached to that license plate.
right-of-way without license plates with current
Violation of this section is a Class B parking infraction.
SECTION 17. Parking for certain purposes unlawful.
(A) No person shall park any vehicle upon any highway for the purpose of
(1) Displaying advertising;
(2) Displaying such vehicle for sale;
(3)- Selling merchandise from such vehicle, except when authorized.
(B) No person shall park any vehicle upon any roadway for the principle purpose of washing,
greasing, or repairing such vehicle except repairs necessitated by an emergency. (WAC 308-330-
436)
Violation of this section is a Class A parking infraction.
SECTION 18. Inoperable automobiles.
No motor vehicle that is inoperable for such reasons as an inoperable engine, transmission failure,
flat tire or other deficiency shall park on City right-of-way for more than seven consecutive days.
Violation of this section is a Class B Parking infraction.
SECTION 19. Obliterating tire markings.
It is unlawful to conceal, obliterate, or erase markings on vehicle tires where said markings were
made by a Parking Enforcement Officer for the purpose of recording the period of time a vehicle
is stopped in a parking zone.
Violation of this section is a Class A Parking infraction.
SECTION 20. Standing in passenger loading zone.
No person shall stop, stand, or park a vehicle for any purpose or period of time other than for
the expeditious loading or unloading of passengers in any place marked as a passenger loading
zone during hours when the regulations applicable to the loading zone are effective, and then
only for a period not to exceed three minutes. (WAC 308-330-439)
Violation of this section is a Class A parking infraction.
SECTION 21. Standing in loading zone.
(A) No person shall stop, stand, or parka vehicle for any purpose or period of time other than
for the expeditious unloading and delivery or pickup and loading of property in any place marked
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as a loading zone during hours when the provisions applicable to such zone are in effect. In no
case shall the stop for loading and unloading of property exceed thirty minutes
(B) The driver of a vehicle may stop temporarily at a loading zone for the purpose of and while
actually engaged in loading or unloading passengers when such stopping does not interfere with
any vehicle which is waiting to enter or about to enter such zone to load or unload property.
(WAC 308-330-442)
Violation of this section is a Class A parking infraction.
SECTION 22. Standing in a tow -away -zone.
No person shall stop, stand, or park a vehicle in a place marked as a tow -away zone during
hours when the provisions applicable to such zone are in effect. (WAC 308-330-445)
Violation of this section is a Class A parking infraction.
SECTION 23. Violating permits for loading or unloading at an angle to the curb.
(A) It shall be unlawful for any permittee or other person to violate any of the special terms or
conditions of any permit issued by the City Engineer for the backing of a vehicle to the curb for
the purpose of loading or unloading property. (WAC 308-330-448)
(B) It shall be unlawful for any permittee or other person to violate any of the special terms or
conditions of any Parking Pass issued by the City Engineer. Violations of this section isa Class
A parking infraction.
SECTION 24. Standing or parking on one-way roadways.
In the event a highway includes two or more separate roadways, no person shall stand or park
a vehicle upon the left-hand side of such on -way roadway unless signs are erected to permit such
standing or parking. (WAC 308-330-451)
Violations of this section is a Class A parking infraction
SECTION 25. Standing, stopping, and parking of buses and taxicabs regulated.
(A) The operator of a bus shall not stand or park such vehicle upon any highway at any place
other than a designated bus stop. This provision shall not prevent the operator of a bus from
temporarily stopping in accordance with other stopping, standing, or parking regulations at any
place for the purpose of and while actually engaged in the expeditious loading or unloading of
passengers and their baggage.
(B) The operator of a taxicab shall not stand or park such vehicle upon any highway at any
place other than a designated taxicab stand. This provision shall not prevent the operator of a
taxicab from temporarily stopping in accordance with other stopping, standing, or parking
regulations at any place for the purpose of and while actually engaged in the expeditious loading
or unloading of passengers and their baggage. (WAC 308-330-454)
Violation of this section is a Class A parking infraction
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SECTION 26. Restricted use of bus stops and taxicab stands.
No person shall stop, stand, or park a vehicle other than a bus in a bus stop, or other than a
taxicab in a taxicab stand when any such stop or stand has been officially designated and
appropriately signed, except the driver of a passenger vehicle may temporarily stop there for the
purpose of, or while actually engaged in, loading or unloading passengers when such stopping
does not interfere with any bus, or taxicab waiting to enter or about to enter such stop or stand.
(WAC 308-330-457)
Violation of this section is a Class A parking infraction.
SECTION 27. Right of way for parking.
The driver of any vehicle who first begins driving or maneuvering his/her vehicle into a vacant
parking space shall have a prior right of way to park in such place, and it shall be unlawful for
another driver to attempt to deprive him/her thereof by blocking his/her access or otherwise. For
the purpose of establishing right of way in this section it shall be considered proper to back into
any but a front -in angle parking space. (WAC 308-330-460)
Violation of this section is a Class A parking infraction
SECTION 28. Stopping, standing and parking.
(A) Except when necessary to avoid conflict with other traffic, or in compliance with law or the
directions of a police officer or official traffic control device, no person shall:
(1) Stop, park, or leave standing any vehicle, whether attended or unattended, upon the
roadway.
(2) Stop, stand, or park a vehicle:
(a) On the roadway side of any vehicle stopped or parked at the edge of a curb
of a street;
(b) On a sidewalk or street planting strip;
(c) Within an intersection;
(d) On a crosswalk;
(e) Alongside or opposite any street excavation or obstruction when stopping,
standing, or parking would obstruct traffic;
(f) Upon any bridge or other elevated structure upon a highway or within a
highway tunnel;
(g) On any railroad tracks; or
(h) In the area between roadways of a divided highway including crossovers.
(3) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or
discharge a passenger or passengers:
(a) In front of a public or private driveway or within five feet of the end of the curb
radius leading thereto;
(b) Within fifteen (15) feet of a fire hydrant;
(c) Within twenty (20) feet of a crosswalk;
(d) Within thirty (30) feet upon the approach to any flashing signal, stop sign,
yield sign, or traffic control signal located at the side of a roadway; or
(e) Within twenty (20) feet of the driveway entrance to any fire station and on the
side of the street opposite the entrance to any fire station within seventy-five
(75) feet of said entrance when properly posted;
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(4) Parka vehicle, whether occupied or not, except temporarily for the purpose of and while
actually engaged in loading or unloading property or passengers:
(a) Within fifty (50) feet of the nearest rail of a railroad crossing.
(B) It shall be unlawful for any person to reserve or attempt to reserve any portion of a highway
for the purpose of stopping, standing, or parking to the exclusion of any other like person, nor
shall any person be granted such right.
(C) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-
way roadway shall be so stopped or parked with the right-hand wheels parallel to and within
twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand
shoulder.
(D) Except when otherwise provided by this section, every vehicle stopped or parked upon a
one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in
the direction of authorized traffic movement, with its right-hand wheels within twelve inches of the
right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with
its left-hand wheels within twelve inches of the left-hand curb or as close as practicable to the left
edge of the left-hand shoulder.
(E) Subsections (A) through (D) do not apply to the driver of any vehicle that is disabled in such
manner and to such extent that it is impossible to avoid stopping and temporarily leaving the
vehicle in such position. The driver shall nonetheless arrange for the prompt removal of the
vehicle.
Violation of this section is a Class A parking infraction.
SECTION 29. Bicycles -Parking.
No person shall park a bicycle upon a highway other than:
(A) Off the roadway except in designated areas:
(B) Upon the sidewalk in a rack to support the bicycle;
(C) Against a building;or
(D) In such manner as to afford the least obstruction to pedestrian traffic. (WAC 308-330-550)
Violation of this section is a Class A parking infraction.
SECTION 30. Disposition of traffic infractions.
(A) Failure to perform any act required or the performance of any act prohibited by this title is
designated as a traffic infraction.
(B) A law enforcement officer has the authority to issue a notice of traffic infraction when the
infraction is committed in the officer's presence or if an officer investigating at the scene of a
motor vehicle accident has reasonable cause to believe that the driver of a motor vehicle involved
in the accident has committed a traffic infraction.
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Page 10 of 15
(C) A court may issue a notice of traffic infraction upon receipt of a written statement of the
officer that there is reasonable cause to believe that an infraction was committed.
(D) The Port Orchard Municipal Court has the authority to hear and determine traffic infractions
pursuant to the chapter.
SECTION 31. Notice of traffic infractions.
(A) A notice of traffic infraction represents a determination that an infraction has been
committed. The determination will be final unless contested as provided in this chapter.
(B) The form for the notice of traffic infraction shall be prescribed by rule of the supreme court
and shall include the following:
(1) A statement that the notice represents a determination that a traffic infraction has been
committed by the person named in the notice and that the determination shall be final unless
contested as provided in this chapter.
(2) A statement that a traffic infraction is a noncriminal offense for which imprisonment may
not be imposed as a sanction; that the penalty for a traffic infraction may include sanctions
against the person's driver's license including suspension, revocation, or denial; that the penalty
for a traffic infraction related to standing, stopping, or parking may include non -renewal of the
vehicle license;
(3) A statement of the specific traffic infraction for which the notice was issued;
(4) A statement of the monetary penalty established for the traffic infraction;
(5) A statement of the options provided in this chapter for responding to the notice and the
procedures necessary to exercise these options;
(6) A statement that at any hearing to contest the determination the state has the burden
of proving, by a preponderance of the evidence, that the infraction was committed; and that the
person may subpoena witnesses including the officer who issued the notice of infraction;
(7) A statement that at any hearing requested for the purpose of explaining mitigating
circumstances surrounding the commission of the infraction the person will be deemed to have
committed the infraction and may not subpoena witnesses;
(8) A statement that failure to appear at a hearing requested for the purpose of contesting
the determination or for the purpose of explaining mitigating circumstances will result in the refusal
of the department to renew the person's driver's license, or in the case of a standing, stopping,
or parking violation the vehicle the vehicle license, until any penalties imposed pursuant to this
chapter have been satisfied;
SECTION 32. Response to notice of traffic infractions -Contesting determination -Hearing -
Failure to respond or appear.
(A) Any person who receives a notice of traffic infraction shall respond to such notice as
provided in this section within fifteen days of the date of the notice.
(B) If the person determined to have committed the infraction does not contest the
determination the person shall respond by completing the appropriate portion of the notice of
infraction and submitting it, either by mail or in person, to the court specified on the notice. A
check or money order in the amount of the penalty prescribed for the infraction must be
submitted with the response. When a response which does not contest the determination is
received, an appropriate order shall be entered in the court's records, and a record of the
responseandorder shall be furnished to the department in accordance with RCW 46.20.270.
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(C) If the person determined to have committed the infraction wishes to contest the
determination the person shall respond by completing the portion of the notice of infraction
requesting a hearing and submitting it, either by mail or in person, to the court specified on the
notice. The court shall notify the person in writing of the time, place, and date of the hearing, and
that date shall not be sooner than seven days from the date of the notice, except by agreement.
(D) If the person determined to have committed the infraction does not contest the
determination but wishes to explain mitigating circumstances surrounding the infraction the
person shall respond by completing the portion of the notice of infraction requesting a hearing
for that purpose and submitting it, either by mail or in person, to the court specified on the notice.
The court shall notify the person in writing of the time, place, and date of the hearing.
(E) (1) If any person issued a notice of traffic infraction:
(a) Fails to respond to the notice of traffic infraction as provided in subsection (B)
of this section; or
(b) Fails to appear at a hearing requested pursuant to subsection (C) or (D) of
this section; the court shall enter an appropriate order assessing the
monetary penalty prescribed for the traffic infraction and any other penalty
authorized by this chapter and shall notify the department in accordance with
RCW 46.20.270, of the failure to respond to the notice of infraction or to
appear at a requested hearing.
(2) The department may not renew the driver's license, or in the case of a standing,
stopping, or parking violation the vehicle license, of any person for whom the court has entered
an order pursuant to (1) of this subsection until any penalties imposed pursuant to this chapter
have been satisfied.
SECTION 33. Hearings -Rules of procedure -Counsel
(A) Procedures for the conduct of all hearings provided for in this chapter may be established
by rule of the supreme court.
(B) Any person subject to proceedings under this chapter may be represented by counsel.
(C) The attorney representing the state, county, city, or town may appear in any proceedings
under this chapter but need not appear, notwithstanding any statute or rule of court to the
contrary.
SECTION 34. Hearings -Contesting determination that infraction committed -Appeal.
(A) A hearing held for the purpose of contesting the determination that an infraction has been
committed shall be without a jury.
(B) The court may consider the notice of traffic infraction and any other written report made
under oath submitted by the officer who issued the notice or whose written statement was the
basis for the issuance of the notice in lieu of the officer's personal appearance at the hearing.
The person named in the notice may subpoena witnesses, including the officer, and has the right
to present evidence and examine witnesses present in court.
(C) The burden of proof is upon the state to establish the commission of the infraction by a
preponderance of the evidence.
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(D) After consideration of the evidence and argument the court shall determine whether the
infraction was committed. Where it has not been established that the infraction was committed
an order dismissing the notice shall be entered in the court's records. Where it has been
established that the infraction was committed an appropriate order shall be entered in the court's
records. A record of the court's determination and order shall be furnished to the department
in accordance with RCW 46.20.270 as now or hereafter amended.
(E) An Appeal from the court's determination or order shall be to the superior court. The
decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the
Rules of Appellate Procedure.
SECTION 35. Hearings - Explanation of mitigating circumstances.
(A) A hearing held for the purpose of allowing a person to explain mitigating circumstances
surrounding the commission of an infraction shall be an informal proceeding. The person may
not subpoena witnesses. The determination that an infraction has been committed may not be
contested at a hearing held for the purpose of explaining mitigating circumstances.
(B) After the court has heard the explanation of the circumstances surrounding the commission
of the infraction an appropriate order shall be entered in the court's records. A record of the
court's determination and order shall be furnished to the department in accordance with RCW
46.20.270 as now or hereafter amended.
(C) There may be no appeal from the court's determination or order.
SECTION 36. Monetary penalties.
(A) A person found to have committed a traffic infraction shall be assessed a monetary penalty.
No penalty may exceed two hundred and fifty dollars for each offense unless authorized by this
chapter or title or any other laws of the State of Washington that are adopted by the Port Orchard
Municipal Code.
(B) Monetary penalties provide for in chapter 46.70 RCW which are civil in nature and penalties
which may be assessed for violations of chapter 46.44 RCW relating to size, weight, and loan of
motor vehicles are not subject to the limitation on the amount of monetary penalties which may
be imposed pursuant to this chapter.
(C) Whenever a monetary penalty is imposed by a court under this chapter it is immediately
payable. If the person is unable to pay at that time the court may, in its discretion, grant an
extension of the period in which the penalty may be paid.
SECTION 37. Order of court -civil nature -Waiver, reduction, suspension of penalty -
Community service in lieu of penalty.
(A) An order entered after the receipt of a response which does not contest the determination,
or after it has been established at a hearing that the infraction was committed, or after a hearing
for the purpose of explaining mitigating circumstances is civil in nature.
(B) The court may include in the order the imposition of any penalty authorized by the
provisions of this chapter for the commission of an infraction. The court may, in its discretion,
waive, reduce, or suspend the monetary penalty prescribed for the infraction. At the person's
request the court may order performance of a number of hours of community service in lieu of
Ordinance No. 1650
Page 13 of 15
a monetary penalty, at the rate of the then state minimum wage per hour
SECTION 38. Issue of process by court of limited jurisdiction.
Notwithstanding any other provisions of law governing service of process in civil cases, the Port
Orchard Municipal Court having jurisdiction over an alleged traffic infraction may issue process
anywhere within the state.
SECTION 39. Costs and attorney's fees.
Each party to a traffic infraction case is responsible for costs incurred by that party. Costs or
attorney fees shall not be awarded to either party in a traffic infraction case.
SECTION 40. Attempting, aiding, abetting, coercing, committing violations, punishable.
Every person who commits, attempts to commit, conspires to commit, or aids or abets in the
commission of any act declared by this title to be a crime, whether individually or in connection
with one or more other persons or a principal, agent, or accessory, shall be guilty of such offense,
and every person who falsely, fraudulently, forcefully, or willfully induces, causes, coerces,
requires, permits or directs others to violate any provisions of this title is likewise guilty of such
offense.
SECTION 41. General penalty.
It is a traffic infraction for any person to violate any of the provisions of this title unless violation
is by this title or other law of this state declared to be a felony, a gross misdemeanor, or a
misdemeanor.
SECTION 42. Citation on illegally parked vehicle.
Whenever any motor vehicle without driver is found parked, standing, or stopped in violation of
this chapter, the officer finding such vehicle shall take its registration number and may take any
other information displayed on the vehicle on the vehicle which may identify its user, and shall
conspicuously affix to such vehicle a traffic citation. (WAC 308-330-720)
SECTION 43. Presumption in reference to illegal parking.
(A) In any prosecution charging a violation of any law or regulation governing the stopping,
standing, or parking of a vehicle, proof that the particular vehicle described in the complaint was
stopping, standing, or parking in violation of any such law or regulation, together with proof that
the defendant named in the complaint was at the time of such violation, the registered owner of
such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of
such vehicle was the person who parked or placed such vehicle at the point where, and for the
time during which, such violation occurred. (WAC 308-330-740)
(B) The foregoing stated presumption shall apply only when the procedure as prescribed in
section 42 has been followed.
SECTION 44. Penalties.
Unless another penalty is expressly provided for in the laws of the State of Washington that are
incorporated by reference in the Port Orchard Municipal Code, the following monetary penalty
schedule shall be used:
Ordinance No. 1650
Page 14 of 15
(A)
Class A Infraction
$10.00
(B)
Class B Infraction
$15.00
(C)
Class C Infraction
$50.00
SECTION 45. Payment due -Late fees.
Penalties shall be paid within fifteen calendar days of the date of issuance of the infraction. If the
penalty is not paid within the fifteen days and the infraction has not been contested, a late fee of
an additional twenty-five dollars shall be charged for each notice of infraction.
SECTION 46. Disposition of traffic fines and forfeitures.
All fines or forfeitures collected upon a determination that a traffic infraction was committed or
upon the forfeiture of bail of any person cited with violation of any of the provisions of this chapter
shall be paid into the general fund of the City.
SECTION 47. Official misconduct.
Failure, refusal or neglect on the part of any judicial or other officer or employee receiving or
having custody of any such fine or forfeiture of bail, either before or after a deposit in the general
fund, to comply with the provisions of Section 46, shall constitute misconduct in office and shall
be grounds for removal therefrom, provided appropriate removal action is taken pursuant to state
law relating to removal of public officials.
SECTION 48. Habitual Offenders.
A person shall be guilty of being an Habitual Offender when their vehicle received three or more
parking tickets within a calendar month. Every month, the city shall review the record of
infractions issued in the previous month. Registered owners of vehicles which have received
three or more infractions within the previous calendar month shall be sent a certified letter
advising them of the fines as a Habitual Offender. This letter shall list the specific dates and
infractions that apply to this offense and shall notify the registered owner.
Violation of this section is a Class C parking infraction.
SECTION 49. Uniformity of interpretation.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make
uniform the laws of those local authorities which enact it. (WAC 308-330-910)
SECTION 50. Savings Clause. Ordinance No 1522, Ordinance No. 1384 §2, ORDINANCE NO.
1356; AND Ordinance no. 1152 §14 which are repealed by this ordinance, shall remain in force
and effect until the effective date of this ordinance.
Ordinance No. 1650
Page 15 of 15
SECTION 50. Severability. If any section, subsection, paragraph, sentence, clause, or phrase
of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not
affect the validity of the remaining portions of this ordinance.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 9th day of December, 1996.
ATTEST:
Patricia Parks, City Clerk
APPROVED AS TO FORM:
%Cittorney
� 4 W, �'- �' �
LESLIE J.WEATHERILL, MAYOR
SPONSORED BY:
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City
Council at their regular Council meeting held December 9, 1996.
ORDINANCE NO. 1650
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON REPEALING
ORDINANCE NOS. 1152, 1356, 1384 §2, 1522 §§1-4, and establishing
regulations and fees related to parking, stopping or standing in
certain areas of the City.
Copies of Ordinance No. 1650 are available for review at the office
of the City Clerk of the City of Port Orchard. Upon written request
a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication,
copies of Ordinance No. 1650 will be provided at a nominal charge.
City of Port Orchard
Michelle Hager
Deputy Clerk
Publish: Port Orchard Independent
December 18, 1996