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057-21 - Ordinance - Amending Section 2.16.030 and Chapter 10.12 for Civil InfractionsORDINANCE NO. 057-21 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, CLARIFYING THE AUTHORITY OF CERTAIN OFFICIALS TO WRITE CIVIL INFRACTIONS RELATING TO TRAFFIC ENFORCEMENT; AMENDING PORT ORCHARD MUNICIPAL CODE SECTION 2.16.030, AND CHAPTER 10.12; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, ESSSB 5051, which took effect July 25th 2021, places limited commission officers under the accountability structure for peace officers, requiring them to become reserve officers of the commissioning law enforcement agency, subject to law enforcement employment, supervision, policies and accountability; and WHEREAS, non -sworn police department professional staff, who do not have law enforcement authority, have a valid regulatory purpose in the issuance of civil infractions related to their governmental function; and WHEREAS, the City relies upon the enforcement functions of non -sworn police department professional staff for the health and safety of its citizens and to support the vital infrastructure of city government; and WHEREAS, the City has a strong governmental interest in ensuring the continuity of these services and the continued authority of these staff to enforce traffic infractions; and WHEREAS, the City Council finds that given the legislative changes under ESSB 5051, the City should clarify the authority of non -sworn police department professional staff to continue in their authority to issue civil infractions related to traffic enforcement; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Port Orchard Municipal Code 2.16.030 is hereby amended to read as follows: 2.16.030 Positions designated. In addition to the chief of police, the police department shall be staffed by regular commissioned personnel in such numbers and ranks as shall be deemed necessary by the city council pursuant to its adopted budget. The department may be supplemented by such support personnel, and non -sworn parking enforcement staff, as would be required to aid in the everyday operations of a police department. Such support personnel and non -sworn parking enforcement staff shall not be commissioned officers. Ordinance No. 057-21 Page 2of13 SECTION 2. Port Orchard Municipal Code 10.12.030 is hereby amended to read as follows: 10.12.030 Police administration. There is established in the police department of the city of Port Orchard a traffic division employing non -sworn professional staff under the control of the chief of police, authorized to enforce traffic infractions. SECTION 3. Port Orchard Municipal Code 10.12.085 is hereby amended to read as follows: 10.12.085 Chain oarkine prohibited. It shall be unlawful for any person to move and repark any vehicle within two blocks of the original parking space in order to avoid the parking time limit regulation on Bay Street (State Route 166) from Orchard Avenue to Harrison Avenue; Sidney Street from Prospect Street to the waterfront; and Frederick Avenue from Prospect Street to the waterfront. For purposes of this section, a "block" shall be defined as a city street or alley section located between consecutive intersections. Violation of this section is a Class C traffic infraction. SECTION 4. Port Orchard Municipal Code 10.12.090 is hereby amended to read as follows: 10.12.090 Obedience to angle -parking signs or markings. (1) 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) (2) Violation of this section is a Class A traffic infraction. SECTION 5. Port Orchard Municipal Code 10.12.100 is hereby amended to read as follows: 10.12.100 Police car zones. (1) 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 Ordinance No. 057-21 Page 3of13 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. (2) Violation of this section is a Class A traffic infraction. CFrTInN A follows: 10.12.110 permit. Port Orchard Municipal Code 10.12.110 is hereby amended to read as Violation of narking in space for individuals with disabilities parkin It is a traffic infraction, with a monetary penalty as provided for in RCW 46.19.050(4), as amended, for any persons to park a vehicle in a parking place provided on private property without charge or on public property reserved for persons with physical disabilities without a special license plate or placard issued pursuant to RCW 46.19.050 or 46.19.070 or Chapter 46.19 RCW. If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the special license plate or placard required under this section. In addition to any penalty or fine imposed under Chapter 46.19 RCW, $200.00 shall be assessed. SECTION 7. Port Orchard Municipal Code 10.12.120 is hereby amended to read as follows: 10.12.120 Yellow curbs. (1) Yellow painted curbs indicate no parking zones. No person shall park a vehicle adjacent to a painted yellow curb. (2) Violation of this section is a Class A traffic infraction. SECTION 8. Port Orchard Municipal Code 10.12.130 is hereby amended to read as follows: 10.12.130 Parking not to obstruct traffic. (1) No person shall park a vehicle upon a highway in such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for free movement or vehicular traffic. (2) 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) Ordinance No. 057-21 Page 4 of 13 (3) Violation of this section is a Class A traffic infraction. SECTION 9. Port Orchard Municipal Code 10.12.150 is hereby amended to read as follows: 10.12.150 Expired registrations. (1) No motor vehicle or trailer may park on city right-of-way without license plates with current registration tags attached to that license plate. (2) Violation of this section is a Class B traffic infraction. SECTION 10. Port Orchard Municipal Code 10.12.160 is hereby amended to read as follows: 10.12.160 Parking for certain purposes unlawful. (1) No person shall park any vehicle upon any highway for the purpose of: (a) Displaying advertising; (b) Displaying such vehicle for sale; (c) Selling merchandise from such vehicle, except when authorized. (2) 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) (3) Violation of this section is a Class A traffic infraction. SECTION 11. Port Orchard Municipal Code 10.12.170 is hereby amended to read as follows: 10.12.170 Inoperable automobiles. (1) No motor vehicle that is inoperable for such reasons as an inoperable engine, transmission failure, flat tire, missing windows, shattered windshield glass that impairs the driver's visibility, or other deficiency, shall park on city right-of-way for more than seven consecutive days. (2) Violation of this section is a Class A traffic infraction. Ordinance No. 057-21 Page 5of13 SECTION 12. Port Orchard Municipal Code 10.12.180 is hereby amended to read as follows: 10.12.180 Obliterating tire markings. (1) 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. (2) Violation of this section is a Class A traffic infraction. SECTION 13. Port Orchard Municipal Code 10.12.190 is hereby amended to read as follows: 10.12.190 Standing in passenger loading zone. (1) 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) (2) Violation of this section is a Class A traffic infraction. SECTION 14. Port Orchard Municipal Code 10.12.200 is hereby amended to read as follows: 10.12.200 Standing in loading zone. (1) No person shall stop, stand, or park a 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 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 30 minutes. (2) 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) (3) Violation of this section is a Class A traffic infraction. SECTION 15. Port Orchard Municipal Code 10.12.210 is hereby amended to read as follows: Ordinance No. 057-21 Page 6 of 13 10.12.210 Standing in a tow -away zone. (1) 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) (2) Violation of this section is a Class A traffic infraction. SECTION 16. Port Orchard Municipal Code 10.12.220 is hereby amended to read as follows: 10.12.220 Violating permits for loading or unloading at an angle to the curb. (1) 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 traffic division for the backing of a vehicle to the curb for the purpose of loading or unloading property (WAC 308-330-448). (2) 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 traffic division. (3) Violation of this section is a Class A traffic infraction. SECTION 17. Port Orchard Municipal Code 10.12.230 is hereby amended to read as follows: 10.12.230 Standing or parking on one-way roadways. (1) 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 one-way roadway unless signs are erected to permit such standing or parking. (WAC 308-330-451) (2) Violations of this section is a Class A traffic infraction. SECTION 18. Port Orchard Municipal Code 10.12.240 is hereby amended to read as follows: 10.12.240 Standing, stopping, and parking of buses and taxicabs regulated. (1) 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 Ordinance No. 057-21 Page 7 of 13 any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers and their baggage. (2) 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) (3) Violation of this section is a Class A traffic infraction. SECTION 19. Port Orchard Municipal Code 10.12.250 is hereby amended to read as follows: 10.12.250 Restricted use of bus stops and taxicab stands. (1) 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) (2) Violation of this section is a Class A traffic infraction. SECTION 20. Port Orchard Municipal Code 10.12.260 is hereby amended to read as follows: 10.12.260 Right-of-way for parking. (1) 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) (2) Violation of this section is a Class A traffic infraction. SECTION 21. Port Orchard Municipal Code 10.12.270 is hereby amended to read as follows: 10.12.270 Stopping, standing and parking. Ordinance No. 057-21 Page 8 of 13 (1) 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: (a) Stop, park, or leave standing any vehicle, whether attended or unattended, upon the roadway. (b) Stop, stand, or park a vehicle: (i) On the roadway side of any vehicle stopped or parked at the edge of a curb of a street; (ii) On a sidewalk, curb, or street planting strip; (iii) Within an intersection; (iv) On a crosswalk; (v) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic; (vi) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; (vii) On any railroad tracks; or (viii) In the area between roadways of a divided highway including crossovers. (c) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: (i) In front of a public or private driveway or within five feet of the end of the curb radius leading thereto; (ii) Within 15 feet of a fire hydrant; (iii) Within 20 feet of a crosswalk; (iv) Within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway; (v) Within 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 75 feet of said entrance when properly posted; or (vi) Within 15 feet of a clearly visible mailbox which is located directly adjacent to the curbside or right-of-way. (d) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers: (i) Within 50 feet of the nearest rail of a railroad crossing. (2) 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. (3) 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 Ordinance No. 057-21 Page 9of13 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder. (4) 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 12 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 12 inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder. (5) Subsections (1) through (4) of this section 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. (6) Violation of this section is a Class A traffic infraction. SECTION 22. Port Orchard Municipal Code 10.12.280 is hereby amended to read as follows: 10.12.280 Bicycles — Parking. (1) 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) (2) Violation of this section is a Class A traffic infraction. SECTION 23. Port Orchard Municipal Code 10.12.290 is hereby amended to read as follows: 10.12.290 Disposition of traffic infractions. (1) Failure to perform any act required or the performance of any act prohibited by this title is designated as a traffic infraction. (2) Non -sworn professional staff and law enforcement officers have the authority to issue a notice of traffic infraction when the infraction is committed in the staff member or officer's presence or if a law enforcement officer investigating at the scene of a motor Ordinance No. 057-21 Page 10 of 13 vehicle collision has reasonable cause to believe that the driver of a motor vehicle involved in the collision has committed a traffic infraction. (3) A court may issue a notice of traffic infraction upon receipt of a written statement of the police department employee that there is reasonable cause to believe that an infraction was committed. (4) The Port Orchard Municipal Court has the authority to hear and determine traffic infractions pursuant to this chapter. SECTION 24. Port Orchard Municipal Code 10.12.300 is hereby amended to read as follows: 10.12.300 Notice of traffic infractions. (1) 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. (2) The form for the notice of traffic infraction shall be prescribed by rule of the supreme court and shall include the following: (a) 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; (b) 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 nonrenewal of the vehicle license; (c) A statement of the specific traffic infraction for which the notice was issued; (d) A statement of the monetary penalty established for the traffic infraction; (e) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options; (f) 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 Ordinance No. 057-21 Page 11of13 committed, and that the person may subpoena witnesses including the police department employee who issued the notice of infraction; (g) 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; (h) 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 25. Port Orchard Municipal Code 10.12.330 is hereby amended to read as follows: 10.12.330 Hearings— Contesting determination that infraction committed —Appeal. (1) A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without a jury. (2) 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 police department employee's personal appearance at the hearing. The person named in the notice may subpoena witnesses, including the police department employee, and has the right to present evidence and examine witnesses present in court. (3) The burden of proof is upon the state to establish the commission of the infraction by a preponderance of the evidence. (4) 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. (5) 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. Ordinance No. 057-21 Page 12of13 SECTION 26. Port Orchard Municipal Code 10.12.410 is hereby amended to read as follows: 10.12.410 Infraction on illegally parked vehicle. Whenever any motor vehicle without driver is found parked, standing, or stopped in violation of this chapter, the police department employee finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a traffic infraction. SECTION 27. Port Orchard Municipal Code 10.12.470 is hereby amended to read as follows: 10.12.470 Habitual offenders. A person shall be guilty of being a 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 traffic infraction. SECTION 28. Port Orchard Municipal Code 10.12.475 is hereby amended to read as follows: 10.12.475 Impoundment of vehicles with unpaid tickets. When a vehicle is parked in a public right-of-way or on other publicly owned or controlled property in violation of any law, ordinance, or regulation and there are four or more traffic infractions issued against the vehicle for each of which (1) a person has failed to respond, failed to appear at a requested hearing, or failed to pay an adjudicated traffic infraction, and (2) at least 45 days have elapsed from the filing of the notice of infraction, then the vehicle may be impounded pursuant to Chapter 10.72 POMC without prior notice. The registered owner of the vehicle shall be responsible for payment of all towing and storage fees. The vehicle shall not be released to any person until all towing and storage fees and all penalties, fines or forfeitures owed by the registered owner have been satisfied. Any person seeking to redeem a vehicle impounded under this section shall have a right to a municipal court hearing pursuant to POMC 10.72.040(4). Ordinance No. 057-21 Page 13 of 13 SECTION 29. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 30. This ordinance shall be posted and published as required by law, and shall be effective and in full force five (5) days following publication. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety. 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 23r6 day of November 2021. ATTEST: Bran y Rinearson, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney PUBLISHED: November 26, 2021 EFFECTIVE DATE: December 1, 2021 Robert Putaansuu, Mayor rz ek Ashby, Councilmember