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002-23 - Ordinance - Payment of Late Fees for ParkingDocuSign Envelope ID: 9594026E-25CE-4BDA-9807-388094F51EE5 ORDINANCE NO. 002-23 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, PERTAINING TO THE PAYMENT OF LATE FEES FOR PARKING, STANDING, AND STOPPING; AMENDING PORT ORCHARD MUNICIPAL CODE SECTION 10.12.400; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, Revised Code of Washington (RCW) 46.90.010 and Washington Administrative Code (WAC) 308-330-270 authorizes the City to adopt regulations to prohibit, regulate, or limit stopping, standing, or parking of vehicles in areas of the City; and WHEREAS, by Ordinance No. 1650, the City Council adopted Chapter 10.12 of the Port Orchard Municipal Code (POMC) to enact Regulations and Fees Related to Parking, Stopping, or Standing in certain areas of the City, including a $25.00 penalty for such infractions to be paid within 15 days of issuance set out at POMC 10.12.400; and WHEREAS, in 2021, the Washington State Legislature enacted Engrossed Substitute Senate Bill 5226, with an effective date of January 1, 2023, codified at RCW 46.63.060, which extended the amount of time allotted for the payment of a parking, standing, or stopping infraction from 15 days to 30 days; and WHEREAS, the City Council finds it is in the best interests of the City and its residents to amend POMC 10.12.400 to reflect the change in state law; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Amendment. Section 10.12.400 of the Port Orchard Municipal Code is hereby amended to read as follows: 10.12.400 Payment due —Late fees. Penalties shall be paid within 30 calendar days of the date of issuance of the infraction. If the penalty is not paid within the 30 days and the infraction has not been contested, a late fee of an additional $25.00 shall be charged for each notice of infraction. 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 DocuSign Envelope ID: 9594026E-25CE-4BDA-9807-388094F51 EE5 Ordinance No. 002-23 Page 2 of 2 section, sentence, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 4. Savings Clause. Those portions 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 S. 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 14t" day of February 2023. A uligned by: fvavt Ua(Lt(t, Brandy Wallace, MMC, City Clerk APPf�OVS-DdA TO FORM: zeseeasa.. Charlotte A. Archer, City Attorney PUBLISHED: February 17, 2023 EFFECTIVE DATE: February 22, 2023 DocuSigned by: F `nRA9663F4B8... Mark Trenary, Mayor Pro -Tern SPONSOR: Scott Diener, Councilmember ToRT a,?�',,,, �` � RP O R ••••''may A,. • SSA 0F WA�`rN``�• �f"01111int 0