029-22 - Ordinance - Amending Chapter 10.12 Pertaining for Parking EnforcementDocuSign Envelope ID: 3C6A87DA-5C5C-42AD-AA2D-9DAF35D51 ED6
ORDINANCE NO. 029-22
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
PERTAINING TO PARKING ENFORCEMENT; AMENDING PORT ORCHARD
MUNICIPAL CODE CHAPTER 10.12, STANDING, STOPPING AND
PARKING; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND
SETTING AN EFFECTIVE DATE.
WHEREAS, in 2021, the City of Port Orchard adopted Ordinance No. 057-21 in response to
Engrossed Substitute Senate Bill 5051, which required limited commission members of the Port Orchard
Police Department to qualify as reserve officers of the commissioning law enforcement agency; and
WHEREAS, the Criminal Justice Training Commission, a state agency that oversees the training
and certification of reserve officers, no longer provides said training and certification due to a lack of
appropriation of funds for these efforts by the state; and
WHEREAS, by Ordinance No. 057-21, the City Council amended Chapters 10.12 and 2.16 of the
Port Orchard Municipal Code (POMC) to clarify the authority of non-commissioned members of the police
department to issue civil infractions related to violations of the City's parking code; and
WHEREAS, due to the operational challenges of recruiting and retaining members of the Police
Department to serve in these positions, the City desires to move parking enforcement into the
Department of Community Development; and
WHEREAS, by this Ordinance, the City Council amends Chapters 10.12 and 2.16 of the POMC to
clarify the authority of non-commissioned employees, authorized to issue civil infractions related to
violations of the City's parking code; and
WHEREAS, it is the intent of the City that commissioned members of the Police Department retain
concurrent authority to issue civil infractions for traffic and parking violations, and to work collaboratively
with the Department of Community Development when certain parking violations are identified by non-
commissioned staff members, subject to all relevant federal, state and local laws; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Amendment. Chapter 10.12 of the Port Orchard Municipal Code are amended to read
as set out in Exhibit A to this Ordinance, adopted herein by this reference.
SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be
held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause
or phrase of this Ordinance.
SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting of
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the title.
SECTION 4. Savings Clause. Those portions of Chapter 10.12 of the Port Orchard Municipal Code
which are amended by this ordinance shall remain in force and effect as set out prior to this ordinance
until the effective date of this ordinance. Such amendments shall not be construed as affecting any
existing right acquired under the laws repealed, nor as affecting any proceeding instituted thereunder,
nor any rule, regulation or order promulgated thereunder.
SECTION 5. Effective Date. This Ordinance shall take effect and be in full force and effect five
days after publication, as provided by law.
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 12t" day of July 2022.
ATT&§Lgned by:
a="" OJAUAU-
Brandy Wallace, MMC, City Clerk
TO FORM:
Charlotte A. Archer, City Attorney
PUBLISHED: July 15, 2022 ,,,,"""""'+
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EFFECTIVE DATE: July 20, 2022 "Q.- ?OR R
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DocuSigned by:
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Robert Putaansuu, Mayor
SPONSOR: 4
Scott Diener, Councilmember
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Ordinance No. 029-22
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Exhibit A
Chapter 10.12
PARKING, STANDING AND STOPPING
Sections:
10.12.010 Definitions.
10.12.020 Public employees to obey regulations.
10.12.030 Required obedience to regulations.
10.12.040 Control devices required.
10.12.050 Parking prohibited and restricted.
10.12.060 Chain parking prohibited.
10.12.070 Obedience to angle -parking signs or markings.
10.12.080 Police car zones.
10.12.090 Violation of parking in space for individuals with disabilities parking permit.
10.12.100 Yellow curbs.
10.12.110 Parking not to obstruct traffic.
10.12.120 Special passes.
10.12.130 Expired registrations.
10.12.140 Parking for certain purposes unlawful.
10.12.150 Inoperable automobiles.
10.12.160 Obliterating tire markings.
10.12.170 Standing in passenger loading zone.
10.12.180 Standing in loading zone.
10.12.190 Standing in a tow -away zone.
10.12.200 Violating permits for loading or unloading at an angle to the curb.
10.12.210 Standing or parking on one-way roadways.
10.12.220 Standing, stopping, and parking of buses and taxicabs regulated.
10.12.230 Restricted use of bus stops and taxicab stands.
10.12.240 Right-of-way for parking.
10.12.250 Stopping, standing and parking.
10.12.260 Bicycles — Parking.
10.12.270 Disposition of civil infractions.
10.12.280 Notice of civil infractions.
10.12.290 Response to notice of civil infractions — Contesting determination — Hearing — Failure to
respond or appear.
10.12.300 Hearings — Rules of procedure — Counsel.
10.12.310 Hearings — Contesting determination that infraction committed — Appeal.
10.12.320 Hearings — Explanation of mitigating circumstances.
10.12.330 Order of court— Civil nature — Waiver, reduction, suspension of penalty — Community
service in lieu of penalty.
10.12.340 Issue of process by court of limited jurisdiction.
10.12.350 Costs and attorney's fees.
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10.12.360 Attempting, aiding, abetting, coercing, committing violations — Punishable.
10.12.370 Infraction on illegally parked vehicle.
10.12.380 Presumption in reference to illegal parking.
10.12.390 Penalties.
10.12.400 Payment due — Late fees.
10.12.410 Disposition of traffic fines and forfeitures.
10.12.420 Official misconduct.
10.12.430 Habitual offenders.
10.12.440 Impoundment of vehicles with unpaid tickets.
10.12.450 Uniformity of interpretation.
10.12.460 Parking prohibited at all times.
10.12.470 Parking prohibited during certain hours.
10.12.480 Standing or parking prohibited during certain hours.
10.12.490 Parking time limited on certain streets.
10.12.500 Parking time limited on certain city parking lots.
10.12.510 Parking passes.
10.12.520 Parking passes — Rules.
10.12.530 Parking of certain trailers and semitrailers.
10.12.010 Definitions.
(1) "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 16 inches or more in diameter, or three wheels either
of which is more than 20 inches in diameter. (RCW 46.04.071)
(2) "Bus" means every motor vehicle designed for carrying more than 10 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)
(3) "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)
(4) "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 10 feet therefrom, except as modified by a marked crosswalk. (RCW
46.04.160)
(5) "Department" means the Department of Licensing unless otherwise specified in this chapter. (WAC
308-330-121)
(6) "Director" means the Director of Licensing unless the director of a different department of
government is specified. (WAC 308-330-123)
(7) "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 nineteenth day of June, commonly known as Juneteenth; the fourth day of July,
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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)
(8) "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)
(9) "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)
(10) "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)
(11) "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)
(12) "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)
(13) "Passenger loading zone" means a place reserved for the exclusive use of vehicles while receiving or
discharging passengers. (WAC 308-330-151)
(14) "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)
(15) "Parking Enforcement officer" means a nonsworn, non-commissioned employee of the Department
of Community Development as authorized to issue the non -criminal, civil infractions set out in this title.
(15) "Police or police officer" includes the police officers of 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)
(16) "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)
(17) "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)
(18) "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)
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(19) "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)
(20) "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)
(21) "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)
(22) "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)
(23) "Street" means a "city street." (WAC 308-330-175)
(24) "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)
(25) "Taxicab stand" means a fixed portion of a highway set aside for taxicabs to stand or wait for
passengers. (WAC 308-330-181)
(26) "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)
(28) "Trailer or semitrailer" includes every vehicle without motive power designed to be drawn by a
vehicle, motor vehicle, or truck tractor and so constructed that an applicable part of its weight rests
upon or is carried by such motor vehicle, but does not include a municipal transit vehicle or recreational
vehicle.
(29) "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)
(30) "U-turn" means turning a vehicle so as to proceed in the opposite direction on the same roadway.
(WAC 308-330-190) (Ord. 018-22 § 3; Ord. 018-18 § 1; Ord. 1650 § 2, 1996).
10.12.020 Public employees to obey 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.
10.12.030 Required obedience to regulations.
It is unlawful for any person to do any act forbidden or fail to perform any act required by this chapter.
The City's parking enforcement officers are authorized to enforce these regulations as non -criminal, civil
infractions, provided the City's law enforcement officers retain concurrent authorization to enforce
these regulations as set forth in Title 10 and all applicable federal, state and local laws.
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10.12.040 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 control devices are required shall be
effective unless official control devices are erected and in place at the time of any alleged offense.
10.12.050 Parking prohibited and restricted.
(1) The city council may from time to time establish parking prohibitions and restrictions on city -owned
or city -operated parking lots and portions of certain specified streets, including establishment of
reserved parking areas and residential permit parking zones which restrict parking of vehicles on certain
streets or city parking lots at certain times except by permit. These regulations are codified in POMC
10.12.500 through 10.12.620.
(2) 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 infraction. (Ord. 001-12 § 1;
Ord. 018-05 § 1; Ord. 1650 § 9, 1996).
10.12.060 Chain parking 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 infraction. (Ord. 057-21 § 3; Ord. 023-09 § 1).
10.12.070 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. (
(2) Violation of this section is a Class A infraction. (Ord. 057-21 § 4; Ord. 1650 § 10, 1996).
10.12.080 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 a 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.
(2) Violation of this section is a Class A infraction.
10.12.090 Violation of parking in space for individuals with disabilities parking permit.
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
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addition to any penalty or fine imposed under Chapter 46.19 RCW, $200.00 shall be assessed.
10.12.100 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 infraction. (Ord. 057-21 § 7; Ord. 1650 § 13, 1996).
10.12.110 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 of 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.
(3) Violation of this section is a Class A infraction.
10.12.120 Special passes.
Special passes are administered by the city clerk or designee. This pass must be visible to approaching
parking enforcement officers. Such passes will allow the car to park in excess of the posted time
limitation on the city street and shall be valid only for that amount of time necessary to accomplish the
motorist's need.
(1) Motorists who are serving as jurors or witnesses for municipal court, district court or superior court
may be issued a juror's or witness's pass from the court. The juror and/or witness pass shall be dated in
order to be valid and is limited to jurors and witnesses.
(2) Motorists who: (a) are visiting City Hall to conduct city business on behalf of the city, such as city
council members, city hearing examiners, city attorneys, and the like; (b) expect such business to last
longer than the posted time limitation on the city street; and (c) are parked within 400 feet of City Hall,
may be issued a special pass. The pass will only be valid through the date listed on the pass.
(3) Motorists who: (a) are visiting the Kitsap County Administrative Building to conduct county business
on behalf of the county, such as board of equalization members, planning commission members,
hearing examiners and the like; and (b) expect such business to last longer than the posted time
limitation on the city street, may be issued a special pass. The pass will only be valid through the date
listed on the pass, and on the city streets listed on the pass.
(4) The mayor or designee may issue special passes to other motorists when he/she determines that
there is a need for issuance. The pass will only be valid through the date listed on the pass, and on the
city streets listed on the pass.
10.12.130 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 infraction.
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10.12.140 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 principal purpose of washing, greasing, or
repairing such vehicle except repairs necessitated by an emergency.
(3) Violation of this section is a Class A infraction.
10.12.150 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 infraction.
10.12.160 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 infraction..
10.12.170 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.
(2) Violation of this section is a Class A infraction.
10.12.180 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.
(3) Violation of this section is a Class A infraction.
10.12.190 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
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when the provisions applicable to such zone are in effect.
(2) Violation of this section is a Class A infraction.
10.12.200 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 infraction.
10.12.210 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) Violation of this section is a Class A infraction. (Ord. 057-21 § 17; Ord. 1650 § 24, 1996).
10.12.220 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 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 infraction. (Ord. 057-21 § 18; Ord. 1650 § 25, 1996).
10.12.230 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 infraction. (Ord. 057-21 § 19; Ord. 1650 § 26, 1996).
10.12.240 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
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parking space. (WAC 308-330-460)
(2) Violation of this section is a Class A infraction. (Ord. 057-21 § 20; Ord. 1650 § 27, 1996).
10.12.250 Stopping, standing and parking.
(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:
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(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 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 infraction. (Ord. 057-21 § 21; Ord. 026-20 § 1; Ord. 009-17 § 1;
Ord. 1904 § 1, 2003; Ord. 1650 § 28, 1996).
10.12.260 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 infraction. (Ord. 057-21 § 22; Ord. 1650 § 29, 1996).
10.12.270 Disposition of civil infractions.
(1) Failure to perform any act required or the performance of any act prohibited by this title is
designated as a civil infraction.
(2) Parking enforcement officers and law enforcement officers are authorized to issue a notice of civil
infraction to enforce this chapter when the civil infraction is committed in the parking enforcement
officer's or law enforcement officer's presence, or if a law enforcement officer investigating at the scene
of a motor 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 civil infraction upon receipt of a written statement of the 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 civil infractions pursuant
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to this chapter.
10.12.280 Notice of civil infractions.
(1) A notice of civil 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 civil 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 civil 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 civil infraction is a noncriminal offense for which imprisonment may not be
imposed as a sanction; that the penalty for a civil infraction may include sanctions against the
person's driver's license including suspension, revocation, or denial; that the penalty for a civil
infraction related to standing, stopping, or parking may include nonrenewal of the vehicle license;
(c) A statement of the specific civil 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 committed, and that the
person may subpoena witnesses including the 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 license, until any penalties imposed pursuant to this chapter have been
satisfied. (Ord. 057-21 § 24; Ord. 1650 § 31, 1996).
10.12.290 Response to notice of civil infractions —Contesting determination — Hearing— Failure to
respond or appear.
(1) Any person who receives a notice of civil infraction shall respond to such notice as provided in this
section within 15 days of the date of the notice.
(2) 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
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which does not contest the determination is received, an appropriate order shall be entered in the
court's records, and a record of the response and order shall be furnished to the department in
accordance with RCW 46.20.270.
(3) 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.
(4) 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.
(5)(a) If any person issued a notice of infraction:
(i) Fails to respond to the notice of infraction as provided in subsection (2) of this section; or
(ii) Fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section;
the court shall enter an appropriate order assessing the monetary penalty prescribed for the 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.
(b) 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 paragraph (a) of this subsection until any penalties imposed pursuant to this chapter
have been satisfied. (Ord. 1650 § 32, 1996).
10.12.300 Hearings — Rules of procedure —Counsel.
(1) Procedures for the conduct of all hearings provided for in this chapter may be established by rule of
the Supreme Court.
(2) Any person subject to proceedings under this chapter may be represented by counsel.
(3) 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. (Ord. 1650 §
33, 1996).
10.12.310 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 parking enforcement officer or law enforcement 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
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witnesses, including the 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. (Ord. 057-21 § 25; Ord. 1650 § 34, 1996).
10.12.320 Hearings— Explanation of mitigating circumstances.
(1) 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.
(2) 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.
(3) There may be no appeal from the court's determination or order. (Ord. 1650 § 35, 1996).
10.12.330 Order of court —Civil nature —Waiver, reduction, suspension of penalty —Community
service in lieu of penalty.
(1) 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.
(2) 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 a monetary penalty, at the rate of the
then state minimum wage per hour. (Ord. 1650 § 37, 1996).
10.12.340 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. (Ord. 1650 § 38, 1996).
10.12.350 Costs and attorney's fees.
Each party to a traffic infraction case is responsible for costs incurred by that party. Costs or attorney
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fees shall not be awarded to either party in a traffic infraction case. (Ord. 1650 § 39, 1996).
10.12.360 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 wilfully induces, causes, coerces, requires, permits or
directs others to violate any provisions of this title is likewise guilty of such offense. (Ord. 1650 § 40,
1996).
10.12.370 Infraction on illegally parked vehicle.
Whenever any motor vehicle without driver is found parked, standing, or stopped in violation of this
chapter, the parking enforcement officer or law enforcement officer 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 civil infraction. (Ord. 057-21 § 26; Ord. 1650 § 42,
1996).
10.12.380 Presumption in reference to illegal parking.
(1) 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)
(2) The foregoing stated presumption shall apply only when the procedure as prescribed in POMC
10.12.410 has been followed. (Ord. 1650 § 43, 1996).
10.12.390 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:
(1) Class A infraction: $20.00.
(2) Class B infraction: $30.00.
(3) Class C infraction: $100.00. (Ord. 027-05 § 1; Ord. 013-05 § 1).
10.12.400 Payment due —Late fees.
Penalties shall be paid within 15 calendar days of the date of issuance of the infraction. If the penalty is
not paid within the 15 days and the infraction has not been contested, a late fee of an additional $25.00
shall be charged for each notice of infraction. (Ord. 1650 § 45, 1996).
10.12.410 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. (Ord. 1650 § 46, 1996).
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10.12.420 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 POMC 10.12.450, 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. (Ord. 1650 § 47, 1996).
10.12.430 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 infraction. (Ord. 057-21 § 27; Ord. 1650 § 48, 1996).
10.12.440 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 by a law enforcement officer 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). (Ord. 057-21 § 28; Ord. 007-05 § 1).
10.12.450 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) (Ord. 1650 § 49, 1996).
10.12.460 Parking prohibited at all times.'
(1) When signs or markings are installed giving notice thereof, no person shall park a vehicle at any time
upon any of the streets or parts of streets described as follows:
1. Advantage on the west side of the
Avenue: north 350 feet of roadway
and on the left-hand side, as
the traffic flows, of the
remainder of the street.
2. Andasio Loop on the outside curb along
SE: the entire loop.
3. Amherst Way on both sides of the street.
SW:
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4. Arnold Avenue along the west side of
E.: Arnold Avenue E., from the
Lawrence Street
intersection, to the
northeast towards Bay St.,
100 feet.
5. Arnold Avenue along the east side of Arnold
E.:
Avenue E., from the Bay
Street intersection, to the
south 66 feet.
6. Bay Street:
at the intersection with
Wharf Street (Mitchell
Point), along the outside
radius of the existing road as
delineated by the
established guardrail.
7. Bay Street:
on the south side from Tracy
Avenue, westerly for a
distance of 200 feet.
8. Bay Street:
on the north side, from the
DeKalb Street pedestrian
pier westerly for 70 feet and
in front of 501 Bay Street.
9. Bay Street:
at the southwest corner of
the intersection with Arnold
Avenue E., from the point of
curvature to the point of
tangency of the curve
radius.
10. Bay Street:
on the south side from
Dekalb Street, 130 feet to
the east.
11. Becky Avenue:
on both sides of street, from
Dallas Street south to dead
end.
12. Bethel
on the west side from the
Avenue:
driveway at 1130 Bethel
Avenue, 245 feet north.
13. Castleton
on both sides of the street.
Road SW:
14. Cedar Canyon:
on both sides of the street
within 100 feet of the
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Tremont Street right-of-way.
15. Chanting Circle on both sides of street, from
SW: Old Clifton Road 260 feet.
Then on the east side to
Chanting Circle. Then along
the inside curb of the
remaining part of Chanting
Circle.
16. Chatterton
on the west side of street.
Avenue SW:
17. Chowchilla
on the south side of street.
Way:
18. Currant Lane
on the west side of the
SW:
street.
19. Dallas Street: on the right-hand side, as
the traffic flows.
20. DeKalb Street:
on south side from Cline
Avenue easterly to dead
end.
21. DeKalb Street:
on the south side, from
Sidney Avenue westerly for
a distance of 100 feet.
22. DeKalb Street:
on the north side, from
Tracy Avenue easterly to the
end of DeKalb Street.
23. DeKalb Street:
on the south side, from
Mitchell Avenue to the east
side of Tracy Avenue.
24. Donna Street:
on the south side of street.
25. Donnegal
on both sides of the street.
Circle SW:
26. Egret Street:
on the south side of the
street.
27. Fiscal Street:
on the south side of the
street.
28. Fantail Place:
on the east side of the
street.
29. Farragut
on both sides, from DeKalb
Avenue:
Street to Morton Street;
except, on the east side, 160
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feet north of DeKalb Street.
30. Forest Park
on both sides of the street.
Street:
31. Glenmore
on the inside radius of the
Loop:
entire loop.
32. Glenwood
on the north side, from
Road SW:
Sidney Road 350 feet west.
33. Grebe Way:
on the north side, from
Siskin Circle to Swift Avenue.
34. Guy Wetzel
on both sides from Bay
Street:
Street to Perry Avenue.
35. Hales Court
on both sides of the street.
SW:
36. Hibiscus Circle on the outside radius of the
SW: entire circle.
37. Huntington on both sides from Olney
Street: Avenue to Glenmore Loop
and the north side from
Glenmore Loop to west end
terminus.
38. Jabirin Way: on the north side of street.
39. Keppel Loop on both sides of the street.
SW:
40. Koda Circle: along fire lanes where
marked/posted.
41. Landis Ct. SW: on the northeast side.
42. Lazuli Street: on the south side, from
Wigeon Avenue to Siskin
Circle.
43. Limerick Drive on both sides of the street.
SW:
44. Lippert Drive: on both sides, from Pottery
Avenue to Advantage Street.
45. Lloyd Parkway: on both sides from SW Old
Clifton Road to Lumsden
Road.
46. Lowren Street: on the right-hand side, as
the traffic flows on the one-
way portion of the street.
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47. Lumsden
on both sides of the street.
Road:
48. Lone Bear
on both sides from Feigley
Drive:
Road to 100 feet west of
Chatterton Avenue SW.
49. Longview
on east side of street.
Avenue:
50. Mitchell
on both sides, from Bay
Avenue:
Street to Kitsap Street.
51. Murrelet
on both sides, from Old
Avenue:
Clifton Road to Siskin Circle.
52. Olivine Drive
on both sides of the street.
SW:
53. Pickford Place
on the left-hand side as the
SW:
traffic flows on the street,
from SW Colbert Way to end
of cul-de-sac.
54. Plisko Avenue:
on both sides, from Mitchell
Avenue to Mile Hill Drive.
55. Prospect
on the inside radius of the
Street:
curve between Robert
Geiger Street and Frederick
Avenue.
56. Pottery
on both sides of the street,
Avenue:
within 100 feet of the
Tremont Street right-of-way.
57. Retsil Road:
on the west side, from the
north corporate limits to the
south property line of 982
Retsil Road.
58. Robert Geiger other than official city
Street:
vehicles, parking is
prohibited at all times along
the south side, from Bay
Street to Prospect Street.
59. Rockwell
on both sides, from Bay
Avenue:
Street to Kitsap Street.
60. Ross Street:
on the south side of the 400
block.
61. Sage Court:
on both sides of street.
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62. Sage Street: on both sides from Pottery
Avenue east for a distance
of 70 feet and on the left-
hand side, as the traffic
flows, on the remainder of
the street.
63. Seattle
on the east side, from Bay
Avenue:
Street southerly for a
distance of 82 feet.
64. Sherman
on the east side of the 1200-
Avenue:
1300 block from the dead
end 980 feet north.
65. Sidney
on the west side from Bay
Avenue:
Street to Prospect Street.
66. Siskin Circle:
on the inside curb of Siskin
Circle throughout the circle.
67. Snowridge
on the left-hand side, as the
Avenue:
traffic flows on the street.
68. Sprague on the right-hand side, as
Street: the traffic flows on the one-
way portion of the street.
69. Sroufe Street: on the south side, from
Sidney Avenue to Portland
Avenue.
70. Strathmore on outside of circle traveling
Circle SW: either direction.
71. Sweany Street: on the north side, from Cline
Avenue westerly for a
distance of 340 feet.
72. Sweany Street: on the south side, from
Sidney Avenue westerly for
a distance of 200 feet.
73. Swift Avenue: on west side, from Siskin
Circle to Lazuli Street.
74. SW Colbert on left-hand side of street as
Way: the traffic flows, from
Pickford Place SW to
Chatterton Avenue SW.
75. SW Old Clifton on both sides from Chanting
Road: Circle SW to Campus
Parkway.
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76. SW Stanwick on the right-hand side of
Way:
street as the traffic flows,
from Lone Bear Drive to
Pickford Place SW.
77. Tremont
on both sides of street from
Place:
233 Tremont Place driveway
to end of road guardrail.
78. Tremont
on both sides of the street,
Street:
within 100 feet of Pottery
Avenue right-of-way.
79. Vardon Circle
on both sides of the street.
SW:
80. Viridian
on both sides of the street.
Avenue SW:
81. Warbler Way:
on both sides of street from
Old Clifton Road to Siskin
Circle.
82. Warbler Way:
from Siskin Circle to curve
(park) on south side and on
east side from curve (park)
to Grebe Way.
83. Wilkins Drive:
on both sides, from the west
terminus, eastward 350
feet.
84. Lot 4:
all of Lot 4, as defined in
POMC 10.12.580, Saturdays
from 5:00 a.m. to 5:00 p.m.,
from April 1st through
October 31st.
(2) Violation of this section is a Class A infraction.
10.12.470 Parking prohibited during certain hours.
(1) When signs are erected by the city engineer in each block giving notice thereof and for the purpose
of street maintenance, no person shall park a vehicle between the hours of 3:00 a.m. and 5:00 a.m.
upon any of the streets or parts of streets as described below on the days specified below:
Tuesdays and Thursdays:
1. Bay Street
from Robert Geiger
Street to Harrison
Street on both sides.
2. Frederick Avenue: from Prospect Street
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Tuesdays and Thursdays:
north to Sidney
Parkway on both sides.
3. Sidney Avenue: from Prospect Street
north to Sidney
Parkway on both sides.
(2) Violation of this section is a Class A infraction.
10.12.480 Standing or parking prohibited during certain hours.
When signs are erected by the city engineer in each block giving notice thereof, no person shall stop,
stand or park a vehicle between the hours specified in this section of any day, or upon any of the streets
or parts of streets described as follows:
(1) All access ways in public parking lots at any time;
(2) At all times during hazardous snow and ice conditions where posted. (Ord. 001-12 § 4).
Violation of this section is a Class A infraction.
10.12.490 Parking time limited on certain streets.
(1) When signs are erected by the city engineer in each block giving notice thereof, no person shall park
a vehicle for longer than the time specified in this section, on the days specified in this section, upon any
of the streets described as follows except vehicles complying with the residential parking permit
program:
1. Ada Street: on both sides of Ada Street,
from Sidney Avenue to Harrison
Avenue. There will be two-hour
parking from 8:00 a.m. to 5:00
p.m., on any day except
Saturday, Sunday, and federal
holidays.
2. Arnold on the west side of Arnold
Avenue E.: Avenue E., south of Bay Street.
There will be two-hour parking
from 8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal holidays.
3. Austin on both sides, from Division
Avenue: Street to Dwight Street. There
will be two-hour parking from
8:00 a.m. to 5:00 p.m., on any
day except Saturday, Sunday,
and federal holidays.
4. Bay Street: on both sides, from Orchard
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Avenue to Harrison Avenue.
There will be two-hour parking
from 8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal holidays.
Vehicles with residential parking
permits are not exempt from
the parking restrictions
specified within this subsection.
S. Bay Street: on the north side from the
DeKalb Street pedestrian pier
easterly for 110 feet. There will
be 15-minute loading and
unloading only.
6. Bay Street: on the south side from Port
Orchard Boulevard to DeKalb
Street and 130 feet east of
DeKalb Street to Kitsap Street
there will be four-hour parking
from 8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday and federal holidays.
7. Bay Street: on west side of the 1500 and
1600 block. There will be four-
hour parking from 8:00 a.m. to
5:00 p.m., on any day except
Saturday, Sunday, and federal
holidays.
8. Bay Street: on the north side at Ross Point
(SR 166). There will be four-hour
parking.
9. Bay Street: on the south side of Bay Street,
west of Arnold Avenue E. There
will be two-hour parking from
8:00 a.m. to 5:00 p.m., on any
day, except Saturday, Sunday,
and federal holidays.
10. Bravo on the east side from the Bravo
Terrace: Terrace intersection south to
end of cul-de-sac. There will be
two-hour parking from 8:00
a.m. to 5:00 p.m., on any day
except Saturday, Sunday, and
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federal holidays.
11. Cline on both sides, from Kitsap
Avenue: Street to Dwight Street. There
will be four-hour parking from
8:00 a.m. to 5:00 p.m., on any
day except Saturday, Sunday,
and federal holidays.
12. Cline from the northeast corner of
Avenue: Kitsap Street and Cline Avenue
northerly along the east line of
Cline Avenue to Bay Street.
There will be two-hour parking
from 8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal holidays.
13. Cline on both sides, from Taylor
Avenue: Street to Division Street. There
will be two-hour parking from
8:00 a.m. to 5:00 p.m., on any
day except Saturday, Sunday,
and federal holidays.
14. DeKalb on both sides, from Seattle
Street: Avenue to Sidney Avenue. There
will be four-hour parking from
8:00 a.m. to 5:00 p.m., on any
day except Saturday, Sunday,
and federal holidays; except for
a space on the south side of
DeKalb Street beginning 105
feet east of Harrison Avenue
and continuing easterly for 175
feet. The 175 feet as described
shall be designated all day
parking.
15. DeKalb on the north side, from Sidney
Street: Avenue westerly for a distance
of 120 feet. There will be four-
hour parking from 8:00 a.m. to
5:00 p.m., on any day except
Saturday, Sunday, and federal
holidays.
16. DeKalb on the south side, from Tracy
Street: Avenue easterly to the end of
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DeKalb Street. There will be
two-hour parking from 8:00
a.m. to 5:00 p.m., on any day
except Saturday, Sunday, and
federal holidays.
17. DeKalb on both sides, from Mitchell
Street: Avenue westerly for a distance
of 340 feet. There will be two-
hour parking from 8:00 a.m. to
5:00 p.m., on any day except
Saturday, Sunday, and federal
holidays.
18. DeKalb on the north side, from Mitchell
Street: Avenue to Tracy Avenue. There
will be two-hour parking from
8:00 a.m. to 5:00 p.m., on any
day except Saturday, Sunday,
and federal holidays.
19. Division on both sides, from Sidney
Street: Avenue to Seattle Avenue.
There will be two-hour parking
from 8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal holidays.
20. Division on both sides, from Cline
Street: Avenue to Sidney Avenue. There
will be two-hour parking from
8:00 a.m. to 5:00 p.m., on any
day except Saturday, Sunday,
and federal holidays.
21. Division on both sides from Cline Avenue
Street: westerly to dead end. There will
be four-hour parking from 8:00
a.m. to 5:00 p.m., on any day
except Saturday, Sunday and
federal holidays.
22. Dwight on both sides, from Sidney
Street: Avenue to Seattle Avenue.
There will be four-hour parking
from 8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal holidays.
23. Dwight on both sides, from Mitchell
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Street: Avenue westerly for a distance
of 250 feet. There will be two-
hour parking from 8:00 a.m. to
5:00 p.m., on any day except
Saturday, Sunday, and federal
holidays.
24. Dwight on both sides, from Austin
Street: Avenue to Cline Avenue. There
will be two-hour parking from
8:00 a.m. to 5:00 p.m., on any
day except Saturday, Sunday,
and federal holidays.
25. Farragut on the east side, 160 feet north
Avenue: of DeKalb Street. There will be
two-hour parking from 8:00
a.m. to 5:00 p.m., on any day
except Saturday, Sunday, and
federal holidays.
26. Frederick on both sides, from waterfront
Avenue: parking lot to Prospect Street.
There will be two-hour parking
from 8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal holidays.
27. Harrison on both sides, from DeKalb
Avenue: Street to Dwight Street. There
will be four-hour parking from
8:00 a.m. to 5:00 p.m., on any
day except Saturday, Sunday,
and federal holidays.
28. Harrison on both sides, from Dwight
Avenue: Street to Division Street. There
will be two-hour parking from
8:00 a.m. to 5:00 p.m., on any
day except Saturday, Sunday,
and federal holidays.
29. Harrison on both sides from Ada Street
Avenue: to dead end. There will be two-
hour parking from 8:00 a.m. to
5:00 p.m., on any day except
Saturday, Sunday, and federal
holidays.
30. Kitsap on both sides, from Cline
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Page 29 of 35
Street: Avenue to Rockwell Avenue.
There will be four-hour parking
from 8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal holidays.
31. Kitsap on both sides, from Mitchell
Street: Avenue westerly for a distance
of 150 feet. There will be two-
hour parking from 8:00 a.m. to
5:00 p.m., on any day except
Saturday, Sunday, and federal
holidays.
32. Mitchell on the east side, from DeKalb
Avenue: Street northerly for a distance
of 70 feet. There will be two-
hour parking from 8:00 a.m. to
5:00 p.m., on any day except
Saturday, Sunday, and federal
holidays.
33. Mitchell on the west side, from Kitsap
Avenue: Street to Taylor Street. There
will be two-hour parking from
8:00 a.m. to 5:00 p.m., on any
day except Saturday, Sunday,
and federal holidays.
34. Mitchell on the east side, from DeKalb
Avenue: Street southerly to the bus
loading access road, shall be
designated all day parking
except for the revetment area
which is two-hour parking from
8:00 a.m. to 5:00 p.m., on any
day except Saturday, Sunday,
and federal holidays.
35. Morton on both sides, from Rockwell
Street: Avenue westerly for a distance
of 230 feet on both sides. There
will be four-hour parking from
8:00 a.m. to 5:00 p.m., on any
day except Saturday, Sunday,
and federal holidays.
36. Morton on both sides, from Rockwell
Street: Avenue easterly for a distance
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of 230 feet on both sides. There
will be four-hour parking from
8:00 a.m. to 5:00 p.m., on any
day except Saturday, Sunday,
and federal holidays.
37. Prospect on both sides, from Sidney
Street: Avenue to Robert Geiger Street.
There will be four-hour parking
from 8:00 a.m. to 5:00 p.m.
(except where posted as one -
hour parking for the City Permit
Center located at 720 Prospect
Street; holders of residential
parking permits are not exempt
from this restriction), on any
day except Saturday, Sunday,
and federal holidays, and the
inside radius of the curve
between Robert Geiger Street
and Frederick Avenue.
38. Prospect on both sides, from Kitsap
Street: Street to Robert Geiger Street.
There will be two-hour parking
from 8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal holidays,
except where 30-minute zone is
delineated.
39. Prospect along the green curb, in front of
Street: City Hall at 216 Prospect Street.
There is 30-minute parking from
8:00 a.m. to 5:00 p.m., on any
day except Saturday, Sunday,
and federal holidays.
40. Robert on the north side, from
Geiger Street: Prospect Street to Bay Street.
There will be four-hour parking
from 8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal holidays.
41. Seattle on both sides, from Kitsap
Avenue: Street to Dwight Street. There
will be four-hour parking from
8:00 a.m. to 5:00 p.m., on any
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day except Saturday, Sunday,
and federal holidays.
42. Seattle on both sides from Dwight
Avenue: Street to Division Street. There
will be two-hour parking from
8:00 a.m. to 5:00 p.m., on any
day except Saturday, Sunday,
and federal holidays.
43. Sidney on both sides from Bay Street to
Avenue: the waterfront. There will be
two-hour parking from 8:00
a.m. to 5:00 p.m., on any day
except Saturday, Sunday, and
federal holidays.
44. Sidney on the east side from Bay Street
Avenue: to Prospect Street. There will be
two-hour parking from 8:00
a.m. to 5:00 p.m., on any day
except Saturday, Sunday, and
federal holidays.
45. Sidney on both sides, from Prospect to
Avenue: Kitsap Street. There will be four-
hour parking from 8:00 a.m. to
5:00 p.m., on any day except
Saturday, Sunday, and federal
holidays.
46. Sidney on both sides, from Kitsap
Avenue: Street to DeKalb Street. There
will be four-hour parking from
8:00 a.m. to 5:00 p.m., on any
day except Saturday, Sunday,
and federal holidays.
47. Sidney on both sides, from DeKalb
Avenue: Street to Ada Street. There will
be two-hour parking from 8:00
a.m. to 5:00 p.m., on any day
except Saturday, Sunday, and
federal holidays.
48. Sweany on the south side, from Cline
Street: Avenue westerly for a distance
of 300 feet. There will be two-
hour parking from 8:00 a.m. to
5:00 p.m., on any day except
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Saturday, Sunday, and federal
holidays.
49. Sweany on the north side, from Sidney
Street: Avenue westerly for a distance
of 200 feet. There will be two-
hour parking from 8:00 a.m. to
5:00 p.m., on any day except
Saturday, Sunday, and federal
holidays.
50. Tracy on both sides, from DeKalb
Avenue: Street to Guy Wetzel Street.
There will be two-hour parking
from 8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal holidays.
51. Tracy abutting 219 Tracy Avenue.
Avenue: There will be four-hour parking
from 8:00 a.m. to 5:00 p.m., on
any day except Saturday,
Sunday, and federal holidays.
52. Water from Bay Street to waterfront
Street: on the west side. There will be
four-hour parking from 8:00
a.m. to 5:00 p.m., on any day
except Saturday, Sunday, and
federal holidays.
53. Library: north side of driveway adjacent
to south side of library sidewalk
and Lot 7 shall be two-hour
parking from 8:00 a.m. to 5:00
p.m. on any day, pursuant to
easement AF# (8903310122)
except Saturday, Sunday, and
federal holidays.
(2) Violation of this section is a Class A infraction.
10.12.500 Parking time limited on certain city parking lots.
(1) The city parking lots are identified as follows:
(a) Lot 1, which lies between Orchard and Frederick Streets, on the north of Bay Street. Parking in
Lot 1 is a combination of city parking and Port Orchard Marina parking. Port Orchard Marina parking
is the three northernmost rows and shall be managed by the Port of Bremerton. City parking is
limited to four hours maximum and/or monthly merchant parking.
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(b) Lot 2, which lies between Frederick Street and Sidney Avenue, north of Bay Street. Parking in Lot
2 shall be allowed for a maximum period of four hours, including two car charging stalls limited to
four hours maximum, and one motorcycle stall.
(c) Lot 3, which is the five rows of parking area under city jurisdiction west of Harrison Avenue and
east of and parallel to the library's easternmost exterior wall. Parking in the three westerly rows of
Lot 3 shall be allowed for a maximum period of four hours at no monetary charge. Parking in the
easterly two rows is paid parking and shall require a paid daily parking pass as established in POMC
10.12.620.
(d) Lot 4, which is all parking area under city jurisdiction which lies east of Parking Lot 3 and
Harrison Avenue and west of the Marina Park. Parking in Lot 4 is a combination of free two-hour
parking for the park at the most northerly and easterly corner and paid parking and shall require a
paid daily parking pass as established in POMC 10.12.620.
(e) Lot 5, which is all parking spaces on City Hall property (first floor entry). Parking in Lot 5 shall be
for City Hall ADA Parking patrons and official vehicles only. The police chief or his/her designate may
authorize deviations to this policy for Lot 5, if necessary. No monetary charge.
(f) Lot 6, which is all parking spaces abutting the landscaped area at the southwest corner of the
intersection of Bay Street and DeKalb Street (Bayside Plaza). Parking in Lot 6 shall be allowed for a
maximum period of two hours. No monetary charge.
(g) Lot 7, which is all parking spaces located on the library property. Parking in Lot 7 shall be limited
to library staff only. Access to Lot 7 and parallel parking stalls via the adjacent parcel to the south
pursuant to easement AF# (8903310122). No monetary charge.
(h) Lot 8, which lies east of City Hall, north of and adjacent to Prospect Alley (between Kitsap Street
and Prospect Street). Lot 8 is for designated city vehicles and city employees via pass Monday
through Friday. No monetary charge.
(i) Paul Powers Park, which lies north and east of the public works department "south shed" located
at 2051 Sidney Avenue. Paul Powers Park parking is limited to dawn -to -dusk parking only.
(j) Van Zee Park, which lies south of Tremont Street and west of Sidney Avenue, located at 300
Tremont Street. Van Zee Park parking is limited to dawn -to -dusk parking only.
(k) Rockwell Pocket Park will be limited to two-hour parking from dawn to dusk.
(2) Parking restrictions in Lots 1, 2, 3, 4, 5, 6, 7 and 8 shall be enforced on a 24-hour basis, except
Saturday, Sunday, and federal holidays within the city.
(3) Parking restrictions in Lot 4 shall also be enforced on a 24-hour basis on each Saturday in the period
of April 1st to October 31st.
(4) Currency through electronic payment in an electronic parking pay station or similar instrument
provided near the parking space for each 12-hour interval or part thereof.
(2) Violation of this section is a Class A infraction.
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10.12.510 Parking passes.
Parking passes are established for city parking lots defined in POMC 10.12.580 and are subject to sales
and use tax defined in RCW 82.14.020(3).
(1) Hourly Public Parking Pass. An hourly public parking pass is available to the general public and will
require the payment as designated in subsection (1)(a) of this section in United States currency through
electronic payment in an electronic parking pay station or similar instrument provided near the parking
space for each one -hour interval.
(a) Hourly public parking pass rates are as follows: $1.00.
(2) Daily Public Parking Pass. A daily public parking pass is available to the general public and will require
the payment as designated in subsection (2)(a) of this section in United States currency through
electronic payment in an electronic parking pay station or similar instrument provided near the parking
space for each 12-hour interval or part thereof.
(a) Daily public parking pass rates are as follows: $8.00.
(3) Weekly Public Parking Pass. A weekly public parking pass is available to the general public and will
require the payment as designated in subsection (3)(a) of this section in United States currency through
electronic payment in an electronic parking pay station or similar instrument provided near the parking
space. The weekly pass will be good for five consecutive business calendar days from the date of
purchase. Weekly parking passes are nonrefundable and not valid Saturday, Sunday, and federal
holidays; and will not be prorated.
(a) Weekly public parking pass rates are as follows: $38.00.
(4) Monthly Downtown Merchant Parking Pass. A downtown merchant parking pass is available to
documented business owners, and their documented employees, whose business and place of
employment is located in the downtown Port Orchard area between and including the 500 and 1300
blocks of Bay Street and the north and west side of Prospect Street. Downtown merchant parking passes
will require the payment as designated in subsection (4)(a) of this section in United States currency and
may be purchased from the city finance department. Downtown merchant parking passes are
nonrefundable.
(a) Monthly downtown merchant parking pass rates are as follows: $35.00.
(5) Monthly Commuter Vanpool or Carpool Parking Pass (Three or More Persons per Vehicle, Registered
with Kitsap Transit). A commuter vanpool or carpool parking pass is available to registered vanpools and
carpools and will require the payment as designated in subsection (5)(a) of this section in United States
currency. Commuter vanpool or carpool parking passes may be purchased from the city finance
department. Commuter vanpool or carpool parking passes are nonrefundable; guarantee designated
parking spaces between the hours of 4:00 a.m. and 10:00 a.m. except Saturday, Sunday and federal
holidays; and will not be prorated. Does not apply to city employee Lot 8 carpool designated stalls.
(a) Monthly commuter vanpool or carpool parking pass rates are as follows: $35.00.
(6) Daily Contractor's Parking Pass. A contractor's parking pass shall be $8.00 per day per parking space
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per 24-hour period. The purpose of this pass is to accommodate a temporary need of parking, as
determined by the city engineer. (Ord. 058-19 § 2, 2019; Ord. 024-16 § 1; Ord. 017-15 § 3; Ord. 001-15 §
1; Ord. 001-12 § 7).
10.12.520 Parking passes— Rules.
The following rules apply to the use of city parking passes as defined in POMC 10.12.600 as follows:
(1) Applicable Parking Lots. The city -issued parking passes, except for the contractor's parking pass, are
applicable only to Lot 1 and Lot 4. The city -issued parking passes, to include the contractor's parking
pass, do not provide parking privileges in city -owned Lots 2, 3, 5, 6, or 7. Available parking areas for
contractor's parking passes will be specified when the parking pass is issued. This subsection does not
apply to city employee Lot 8.
(2) Stalls Reserved 4:00 a.m. to 10:00 a.m. Designated parking stalls in Lot 1 and Lot 4 will be marked to
allow parking only by monthly public parking pass, downtown merchant parking pass, and commuter
vanpool or carpool parking pass holders between the hours of 4:00 a.m. and 10:00 a.m. except Saturday,
Sunday and federal holidays.
(3) Posting of Passes. The city -issued parking passes for hourly and daily parking must be affixed on the
inside of the vehicle's driver's door window (not the front windshield). Passes for monthly, merchant,
carpool, and contractor's passes must be affixed to the bottom portion of the hangtag provided and
then hung from the rearview mirror located on the vehicle's front windshield. If no rearview mirror
exists, the hangtag shall be placed face up on the middle of the dash and made clearly visible from
outside of the front of the vehicle. It is the responsibility of the pass holder to place the parking pass as
described above.
(4) Enforcement. The city -issued parking pass allows the specified vehicle to park in a city -designated
paid parking lot without making daily parking fee deposits. The parking pass does not allow the vehicle
to park in excess of the posted hours or be exempt from any posted parking rules in any other location.
Violation of this section is a Class A infraction. (Ord. 001-12 § 8).
10.12.530 Parking of certain trailers and semitrailers.
No trailer or semitrailer shall be parked upon any city street unless the trailer or semitrailer is attached
to a vehicle by which it may be propelled or drawn. In case of accident, such trailer or semitrailer may be
moved to the side of the street, and if a good and sufficient red signal is displayed at both ends of the
trailer or semitrailer during the hours of darkness, such trailer or semitrailer may be permitted or
allowed to remain for a period not exceeding 24 hours pending removal, except that such trailer or
semitrailer shall not remain upon any portion of a city street where standing or parking is limited or
prohibited for a period longer than is necessary to effect its removal. Violation of this section is a Class A
parking infraction. (Ord. 035-18 § 4; Ord. 018-18 § 3).