017-23 - Ordinance - Remove Gender Pronouns and Correct Position TitlesDocuSign Envelope ID: C9BA6B3C-98AE-4CBD-9F39-98055D2EB945
ORDINANCE NO. 017-23
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING VARIOUS CHAPTERS OF THE PORT ORCHARD
MUNICIPAL CODE TO REMOVE GENDER PRONOUNS AND MAKE
CORRECTIONS TO POSITION TITLES AND SECONDARY REFERENCES;
PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING
AN EFFECTIVE DATE.
WHEREAS, the City desires to remove references to gender throughout the entirety of the
municipal code; and
WHEREAS, the Consumer Price Index (CPI) for the Seattle area published by the Bureau of
Labor Statistics was amended from Seattle -Tacoma -Bremerton to Seattle -Tacoma -
Bellevue; and
WHEREAS, titles of various positions named in the Code have changed affecting various
sections of the Code; and
WHEREAS, job descriptions are housed in the human resources department rather than
the finance department; and
WHEREAS, the City Council finds that it is in the best interests of the City and its residents
to amend the Port Orchard Municipal Code to address these issues; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Amendment. Gender references via the use of the terms "he", "she", "his",
"hers", "himself", "herself" and "man", have been amended in the Port Orchard Municipal
Code as shown in Exhibit A hereto and incorporated herein, to more gender -neutral terms such
as "they", "their", "theirs", "them", "themself" and "person" and associated grammatical
changes, if needed.
SECTION 2. Amendment. Gender specific terms such as "councilman", "fireman",
"policeman", "chairman" and "chairperson" have been amended in the Port Orchard Municipal
Code as shown in Exhibit A hereto and incorporated herein, to more gender neutral and
consistent terms such as "councilmember", "firefighter", "police officer", and "chair".
SECTION 3. Amendment. Definitions of the word "gender" in Port Orchard Municipal
Code Sections 1.01.10(8) and 20.212.20 have been amended to ensure that all forms of gender
identity have been included, as shown in Exhibit A hereto and incorporated herein.
SECTION 4. Amendment. References to the position of the city's treasurer have been
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Ordinance No. 017-23
Page 2 of 124
amended to reflect the current position title of finance director in the Port Orchard Municipal
Code as shown in Exhibit A attached hereto and incorporated herein.
SECTION S. Amendment. References to the position of the city planning director have
been amended to reflect the current position title of community development director in the
Port Orchard Municipal Code as shown in Exhibit A attached hereto and incorporated herein.
SECTION 6. Amendment. References to the position of the city's assistant finance
director have been amended to reflect the current position title of deputy finance director in
the Port Orchard Municipal Code as shown in Exhibit A attached hereto and incorporated
herein.
SECTION 7. Amendment. References to the position of the Chief of Police have been
amended to reflect the current position title of Police Chief in the Port Orchard Municipal Code
as shown in Exhibit A attached hereto and incorporated herein.
SECTION 8. Amendment. References to the Consumer Price Index (CPI) have been
amended to reflect the current name of the Seattle -Tacoma -Bellevue index in Port Orchard
Municipal Code, Section 13.04.065 as shown in Exhibit A attached hereto and incorporated
herein.
SECTION 9. Amendment. References to the location of job descriptions have been
amended to reflect their storage in the human resources department in Port Orchard Municipal
Code Chapter 2.08 as shown in Exhibit A attached hereto and incorporated herein.
SECTION 10. If modification to any of the aforementioned terms consistent with the
findings stated herein was inadvertently omitted in the preparation of this Ordinance and
accompanying Exhibit, the City Council authorizes the City Clerk to make the corresponding
modification to the Port Orchard Municipal Code as a scrivener's error as permitted by Port
Orchard Municipal Code Section 1.04.055.
SECTION 11. 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 12. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 13. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
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Ordinance No. 017-23
Page 3 of 124
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 2711 day of June 2023.
ATTEST:
DocuSigned by:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
L
gned by:
Charlotte A. Archer, City Attorney
PUBLISHED: June 30, 2023
EFFECTIVE DATE: July 5, 2023
DocuSigned by:
�b P4MGSWA,
E.3E5$47D...
Robert Putaansuu, Mayor
SPONSOR:
(DocuSigned by:
John Clauson, Councilmember
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Exhibit "A"
Amendments to Port Orchard Municipal Code
Port Orchard Municipal Code
Chapter 1.04
CODE
1.04.030 Failure to pay fine, costs.
Upon the rendition of judgment against any defendant for violation of this code and any ordinance of the city, the
police magistrate or justice of the peace shall make an order and enter the same upon his docket, that if the
defendant shall neglect or refuse to satisfy such judgment and costs of suit, he shall be confined in the city jail or
other place of confinement provided for that purpose, one day for each $3.00 of such judgment and costs, and during
such confinement he may be required to labor upon the streets or do other work for the city under the supervision
and direction of the ^'�i�epolice chief. Execution shall be issued immediately upon the rendition of
judgment.
1.04.010 Definitions — Interpretation.
(8) Gender. The masculine gender includes the feminine and nouterall other gender identities;
1.04.015 Principal defined.
Every person concerned in the commission of any misdemeanor prescribed by the code of the city, whether he -they
directly commits the act constituting the offense, or aids or abets in its commission, and whether present or absent;
and every person whether ht- hey directly or indirectly counsels, encourages, hires, commands, induces or otherwise
procures another to commit any such misdemeanor, is a principal, and shall be proceeded against and punished as
such. The fact that the person who aided, abetted, counseled, encouraged, hired, commanded, induced or procured
could not or did not entertain a criminal intent, shall not be a defense to any person aiding, abetting, counseling,
encouraging, hiring, commanding, inducing or procuring him.
1.04.030 Failure to pay fine, costs.
Upon the rendition of judgment against any defendant for violation of this code and any ordinance of the city, the
police magistrate or justice of the peace shall make an order and enter the same upon h�s-their docket, that if the
defendant shall neglect or refuse to satisfy such judgment and costs of suit, l-e-they shall be confined in the city jail
or other place of confinement provided for that purpose, one day for each $3.00 of such judgment and costs, and
during such confinement he —they may be required to labor upon the streets or do other work for the city under the
supervision and direction of the chief cepolice chief. Execution shall be issued immediately upon the
rendition of judgment.
Exhibit A - Page 1 of 121
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Chapter 1.18
PUBLIC RECORDS REQUESTS
1.18.020 Location of Port Orchard City Hall — Contact information — Public records officer appointed.
(2) Any person wishing to request access to public records or seeking assistance in making a request should contact
the city's public records officer. The city clerk is hereby designated as the public records officer for the city of Port
Orchard. The mayor may, in h�s�their discretion, assign additional staff and/or the city attorney to assist the
city clerk in responding to public records requests. Requests for records maintained by the Port Orchard police
department will be processed by the police department. The city clerk will assist the police department as necessary.
1.18.040 Processing of public records requests — General.
(7) Inspection of Records. If a requestor seeks an opportunity to inspect public records, and once the records are
available for inspection, the following provisions apply:
(a) Consistent with other demands, the city of Port Orchard shall promptly provide space to inspect public
records. No member of the public may remove a document from the viewing area or disassemble or alter any
document. The requestor shall indicate which documents he or she ..,ishesthey wish the agency to copy. The
public records officer or designee will be present when records are being inspected.
(b) The requestor must claim or review the assembled records within 30 days of the city of Port Orchard
notification to hin+-a�them that the records are available for inspection or copying. The city will notify the
requestor in writing of this requirement and inform the requestor that he-of-shethey should contact the city to
make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to
claim or review the records within the 30-day period or make other arrangements, the city of Port Orchard may
close the request and refile the assembled records. Other public records requests can be processed ahead of a
subsequent request by the same person for the same or almost identical records, which can be processed as a
new request.
(9) Providing Records in Installments. When the request is for a large number of records, the public records officer
or designee will provide access for inspection and copying in installments, if he-ef-,4ethey reasonably determines
that it would be practical to provide the records in that way. If, within 30 days, the requestor fails to inspect either
the entire set of records made available, or one or more of the installments made available, the public records officer
or designee may stop searching for the remaining records and close the request.
(11) Closing Withdrawn or Abandoned Request. When the requestor either withdraws the request or fails to fulfill
his er eheir obligations to inspect the records or pay the deposit or final payment for the requested copies, the
public records officer will close the request and indicate to the requestor that the city of Port Orchard has closed the
request.
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Chapter 1.22
CITY WAYFINDING LOGO
1.22.010 Purpose.
The city has adopted an official wayfinding logo for the city of Port Orchard to be used by city staff to promote city
services. The city may also make this logo available to individuals, entities and organizations that wish to use it as a
promotional tool to attract visitors and encourage tourism to the city and participation in city -related activities and
events, as deemed appropriate by the mayor or heir designee. The purpose of this chapter is to set guidelines
to ensure the logo will be used and displayed appropriately.
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Chapter 2.04
COUNCIL MEETINGS*
Sections:
2.04.200 Reports to council by committee ehaifm chair.
rxxa
2.04.040 Quorum.
At all meetings of the council, a majority of the eatmeilmen council members shall constitute a quorum for the
transaction of business, but a less number may adjourn from time to time and may compel the attendance of absent
members in such manner and under such penalties as may be prescribed by ordinance.
2.04.050 Mayor and city clerk.
All meetings of the city council shall be presided over by the mayor, or in the mayor's absence by the mayor pro
tem, or deputy mayor if one has been appointed, or by a member of the council selected by a majority of the council
members at such meeting. Appointment of a council member to preside over the meeting shall not in any way
abridge h;s--e�their right to vote on matters coming before the council at such meeting. In the absence of the city
clerk, a deputy clerk or other qualified person appointed by the clerk, the mayor, or the council, may perform the
duties of clerk at such meeting.
2.04.140 Council member taking chair from presiding officer.
The presiding officer of the council, may, at his --their discretion, call any member to take the chair, to allow him -
them to address the council, make a motion, or discuss any other matter at issue.
2.04.200 Reports to council by committee ehairmanchair.
The ehairman chair of each respective committee, or the councilman council member acting for him in his -their
place, shall submit or make all reports to the council when so requested by the presiding officer or any member of
the council.
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Chapter 2.08
APPOINTIVE OFFICERS*
2.08.010 Appointment and removal of appointive officers.
The mayor of the city may appoint or remove the city clerk, finance director, public works director, city engineer,
community development director, city attorney, police chief, municipal judge, code enforcement officer, abatement
hearing officer, and hearing examiner subject to any applicable law, ordinance, rule, or regulation, including those
relating to civil service. All appointments of city officers shall be made on the basis of ability and training or
experience of the appointees in the duties they are to perform, from among persons having such qualifications as
may be prescribed by ordinance, and in compliance with provisions of any merit system applicable to the city.
Confirmation by the city council of appointments of officers shall be required only when the city council, by
ordinance, provides for confirmation of such appointments. Confirmation of mayoral appointments by the council
may be required by the council in any instance where qualifications for the office or position have not been
established by ordinance. Appointive offices shall be without definite term unless a term is established for such
office by law or ordinance.
2.08.020 City clerk.
(2) Powers and Duties. The city clerk shall administer the operation of the clerk's office. The duties of the city clerk
are as detailed in, but not confined to those contained in, the job description on file in the e ffiee of the firaneehuman
resources department and may be updated from time to time. The city clerk shall have all the powers granted and
duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or
hereinafter adopted, subject to the general supervision and control of the mayor or the mayor's designee.
2.08.030 Finance director.
(2) Powers and Duties. The finance director shall administer the operation of the finance department. The duties of
the finance director are as detailed in, but not confined to those contained in, the job description on file in the office
o '�ce-human resources department and may be updated from time to time. The finance director shall have all
the powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city
now existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor's
designee.
2.08.040 Public works director.
(2) Powers and Duties. The public works director shall administer the operation of the public works department. The
duties of the public works director are as detailed in, but not confined to those contained in, the job description on
file in the office of the finaneehuman resources department and may be updated from time to time. The public works
director shall have all the powers granted and duties imposed by authority of the laws of the state, resolutions, and
ordinances of the city now existing or hereinafter adopted, subject to the general supervision and control of the
mayor or the mayor's designee.
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2.08.050 City engineer.
(2) Powers and Duties. The duties of the city engineer are as detailed in, but not confined to those contained in, the
job description on file in the e ffiee of the Ananeehuman resources department and may be updated from time to
time. The city engineer shall have all the powers granted and duties imposed by authority of the laws of the state,
resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the general supervision and
control of the mayor or the mayor's designee.
2.08.060 Community development director.
(2) Powers and Duties. The community development director shall administer the operation of the community
development department. The duties of the community development director are as detailed in, but not confined to
those contained in, the job description on file in the e f4ee of the Ananeehuman resources department and may be
updated from time to time. The community development director shall have all the powers granted and duties
imposed by authority of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter
adopted, subject to the general supervision and control of the mayor or the mayor's designee.
2.08.070 Police chief.
(2) Powers and Duties. The police chief shall administer the operation of the police department. The duties of the
police chief are as detailed in, but not confined to those contained in, the job description on file in the office of the
€manoehuman resources department and may be updated from time to time. The police chief shall have all the
powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now
existing or hereinafter adopted, subject to the general supervision and control of the mayor or the mayor's designee.
2.08.090 Municipal judge.
(2) Powers and Duties. The municipal judge shall administer the operation of the municipal court. The duties of the
municipal judge as detailed in, but not confined to those contained in, the job description on file in the office of the
€maneehuman resources department and may be updated from time to time. The municipal judge shall have all the
powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now
existing or hereinafter adopted.
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2.08.100 Code enforcement officer.
(2) Powers and Duties. The duties of the code enforcement officer are as detailed in, but not confined to those
contained in, the job description on file in the office of the fi^^^^ehuman resources department and may be updated
from time to time. The code enforcement officer shall have all the powers granted and duties imposed by authority
of the laws of the state, resolutions, and ordinances of the city now existing or hereinafter adopted, subject to the
general supervision and control of the mayor or the mayor's designee.
2.08.110 Hearing examiner.
(2) Powers and Duties. The duties of the hearing examiner are as detailed in, but not confined to those contained in,
the Port Orchard Municipal Code and the job description or professional services contract on file in the office of
Shuman resources department and may be updated from time to time. The hearing examiner shall have all the
powers granted and duties imposed by authority of the laws of the state, resolutions, and ordinances of the city now
existing or hereinafter adopted.
2.08.120 Abatement hearing officer.
(2) Powers and Duties. The duties of the abatement hearing officer are as detailed in, but not confined to those
contained in, the Port Orchard Municipal Code and the job description or professional services contract on file in the
e f4ee e f the finaneehuman resources department and may be updated from time to time. The abatement hearing
officer shall have all the powers granted and duties imposed by authority of the laws of the state and resolutions and
ordinances of the city now existing or hereinafter adopted.
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Chapter 2.12
FIRE AUTHORITY
Sections:
2.12.040 Reimbursement of expenses for volunteer €enfirefi hg ters.
2.12.030 Duties and responsibilities.
The fire authority shall be in full and complete charge of the volunteer firefighters, career firefighters and
administrative fire personnel and shall have supervision and control of all fire apparatus and shall have the authority
to enforce ordinances and resolutions of the city. The fire authority shall be in absolute charge at all fires and shall
have the police powers of the ehief of pelieepolice chief at and in the vicinity of all fires, and the orders of the fire
authority shall be obeyed while in charge at a fire.
2.12.040 Reimbursement of expenses for volunteer firemenfirefighters.
Each regular registered volunteer €man-firefi hg ter on the Port Orchard volunteer fire department shall be
reimbursed at a rate predetermined by the Port Orchard city council for expenses for every fire drill attended by such
fireman -firefighter and every fire call responded to by such €rrem ifirefighter, under the direction of the fire chief or
a duly designated subordinate of the fire chief.
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Chapter 2.14
HAZARDOUS MATERIALS EMERGENCY ASSISTANCE AGREEMENTS
2.14.040 Agreement — Terms and conditions.
(1) Hazardous materials emergency assistance agreements which are executed prior to a hazardous materials
incident shall include the following terms and conditions:
(a) The person requested to assist shall not be obligated to assist;
(b) The person requested to assist may act only under direction of the incident commander or his -their
representative;
(c) The person requested to assist may withdraw his -their assistance if he -they deems the actions or directions
of the incident commander to be contrary to accepted hazardous materials response practices;
(d) The person requested to assist shall not profit from rendering the assistance;
(e) The person requested to assist shall not be a public employee acting in his -their official capacity within the
boundaries of his -their political subdivision;
(f) Any person responsible for causing the hazardous materials incident shall not be covered by the liability
standard defined in POW 2.14.020.
2.14.050 Agreement — Verbal agreement and notice of terms.
(1) The chief of the fire authority or h4-their representative may enter into verbal hazardous materials emergency
assistance agreements at the scene of an incident where execution of a written agreement prior to the incident is not
possible. A notification of the terms of this section shall be presented at the scene by the incident commander or his
representative to the person whose assistance is requested. The incident commander and the person whose assistance
is requested shall both sign the notification which appears in subsection (2) of this section, indicating the date and
time of signature. If a requesting agency deliberately misrepresents individual or agency status, that agency shall
assume full liability for any damages resulting from the actions of the person whose assistance is requested, other
than those damages resulting from gross negligence or wilful misconduct.
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Chapter 2.16
POLICE DEPARTMENT
Sections:
2.16.010 Establishment.
2.16.020 Chief eePolice Chief — Appointment and civil service exclusion.
2.16.030 Positions designated.
2.16.040 Members — Appointment and commissioning.
2.16.050 Police powers.
2.16.060 Oath of office.
2.16.010 Establishment.
There is established and created a police department to be operated under the direction and control of the city's chief
law enforcement officer, the ^'�i�epolice chief, subject to the supervision of the city mayor.
2.16.020 Chief of pelicePolice chief — Appointment and civil service exclusion.
The ehief of policepolice chief shall be appointed by the city mayor, subject to approval by the city council, and may
be removed by the city mayor. Removal shall be in accordance with the law and the policies of the city of Port
Orchard. Pursuant to RCW 41.12.050, the position of police chief is excluded from civil service for city police.
2.16.030 Positions designated.
In addition to the chief of chief 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.
2.16.050 Police powers.
The ehief�e police chief and all commissioned police personnel shall have the powers granted to them by
state and local law and shall be responsible for those duties imposed by the laws of the state relating to chief of
police -police chief and law enforcement personnel for code cities. The chief and all law enforcement personnel shall
have the power and duty to enforce the ordinances of the city and to perform other such services as the laws of the
state or the ordinances of the city may now or hereafter require including acts authorized pursuant to the Inter -Local
Cooperation Act, the Mutual Aid Peace Officers Powers Act, and pursuant to Chapters 10.93 and 39.34 RCW.
2.16.060 Oath of office.
All commissioned personnel, to include the chief eepolice chief, shall be sworn in to enforce the ordinances
of the city of Port Orchard, state and federal law, to protect the public peace and safety within the city of Port
Orchard, and to abide by the code of professional conduct and responsibility for peace officers.
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Chapter 2.18
ENROLLMENT OF POLICE RESERVE OFFICERS
2.18.020 Provisions for payment of necessary fees.
The fees necessary for the annual enrollment of each member of the Port Orchard police reserve officers choosing to
participate in the pension fund shall be paid by the city treasurer finance director from any funds available for that
purpose. The members' share of the annual pension fees for all reserve officers who choose to join the pension plan
shall be the sole responsibility of the individual reserve officer. Procedures for collection of these fees will be
established by the city clerk.
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Chapter 2.28
VACATIONS AND LEAVES OF ABSENCE
2.28.010 Definitions.
In construing the provisions of this chapter, the following definitions shall apply:
(4) An "intermittent temporary employee" is any person employed by the city for not to exceed six months duration
and shall not be entitled to the benefits of this chapter. An "intermittent temporary employee" will be considered
"full-time" or "part-time" (subsection (1) or (2) of this section) when his -their continuous service exceeds six
months.
2.28.080 Civil leave.
Civil leave may be allowed by the director of a department to permit any employee to serve as a member of the jury,
or to exercise his/hertheir other civil duties in compliance with state or federal statutes as prescribed by personnel
policy or labor agreement approved for their position classification.
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Chapter 2.36
SURETY BONDS*
***
2.36.010 Amounts fixed.
The amounts for the faithful performance bonds for the officers and employees of the city of Port Orchard are fixed
as follows:
Officer or Employee Amount
Finance director $50,000
City clerk $10,000
City attorney $10,000
Chief of palieePolice Chief $10,000
The premiums for such bonds shall be paid by the city.
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Chapter 2.38
LEGAL DEFENSE OF OFFICIALS AND EMPLOYEES
v.T.Ta
2.38.010 Purpose.
This chapter is adopted pursuant to the provisions of RCW 4.96.041, which require the city to establish a procedure
to review a request for defense against an action or proceeding for damages brought against any past or present
official or employee of the city, arising from acts or omissions while performing or in good faith purporting to
perform hi")p4wrtheir official duties; and, if the request is granted, to pay the necessary expenses for such defense,
and to pay any monetary judgment against the official or employee for nonpunitive damages entered by a court of
competent jurisdiction on approval by the city council.
2.38.100 Failure to comply with conditions.
In the event that any official or employee fails or refuses to comply with any of the conditions of POMC 2.38.020,
or elects to provide hrtheir own representation with respect to any such claim or litigation, then all of the
provisions of this chapter shall be inapplicable, and have no force or effect with respect to any such claim or
litigation.
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Chapter 2.44
AUDITING OFFICER
Sections:
2.44.010 Assistafft eity treasurefQeputy finance director designated as auditing officer.
2.44.010 ASSiStaHt eity tFeRSUFe Deputy finance director designated as auditing officer.
The aaasure deputy finance director is designated as auditing officer for the city as required by
Chapter 42.24 RCW.
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Chapter 2.64
CODE ENFORCEMENT OFFICER
2.64.020 Notice of civil infraction.
(1) The code enforcement officer has authority to issue a notice of civil infraction:
(4) A notice of civil infraction shall be served upon the person to whom it is directed in person, or by mailing a copy
of the notice to such person at l�their last known address. Proof of service shall be made by a written
declaration under penalty of perjury by the person serving the notice, declaring the date and time of service and the
manner by which service was made. The notice of civil infraction, along with the declaration, shall be filed with the
city of Port Orchard municipal court.
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Chapter 2.75
ACTIVE CLUB BUILDING
2.75.010 Active Club Building facilities use policy.
(13) Youth groups, nonprofit groups, and citizen groups are allowed to bring their animals to the Active Club
Building as part of their meetings. The following conditions will apply to all groups who bring animals to the Active
Club Building:
(b) Any complaints received regarding animal groups shall be investigated by the public works director and/or
his/her -their designee; and
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Chapter 2.76
HEARING EXAMINER
2.76.030 Authority.
The examiner shall be appointed and compensated as set forth in Chapter 2.08 POMC, and shall have the powers
and duties as set forth herein. The examiner shall be appointed based on his of he heir qualifications for the duties
of the office and shall have the necessary training and experience in land use and related legal matters to conduct
administrative or quasi-judicial hearings, and to render decisions according to law. The examiner shall hold no other
classified, appointive, or elected position in city government. The examiner shall suggest an examiner pro tern to
serve in the event of his4ortheir absence or disability, or in the event of a conflict of interest. The appointment of an
examiner pro tern is expected to be infrequent in nature. The examiner pro tem will be entitled to the same
compensation as the examiner during hisAhw-rtheir term of service.
sT.Ta
2.76.050 Conflict of interest.
(1) The examiner shall not conduct or participate in any hearing or decision in which:
(b) The examiner has a beneficial interest, directly or indirectly, in any aspect of the matter on which he or she
isthey are called upon to issue a decision; or
(c) The examiner has a direct or indirect familial interest which might influence or interfere with his their
decision -making process or give rise to a violation of the appearance of fairness doctrine as codified in Chapter
42.36 RCW, as written or hereafter amended, and the common law.
(2) The examiner shall disclose matters involving ex parte contacts, conflicts of interest or appearance of fairness
issues prior to or at the beginning of any matter or immediately upon becoming aware of the need for such
disclosure. The examiner shall recuse himself of hefw4 themself if the examiner believes his-�their review of
the matter would represent a conflict of interest or violate the appearance of fairness doctrine as set forth herein.
(3) In the event the examiner recuses himse1f or herselfthemself, an examiner pro tern will be appointed, according
to POW 2.76.030.
2.76.060 Improper influence.
No city official either elected or appointed shall attempt to influence the examiner in any matter officially before
�them so as to constitute misconduct by a public officer under Chapter 42.20 RCW, as written or hereafter
amended, or that would constitute a violation of the appearance of fairness doctrine as codified in Chapter 42.36
RCW, as written or hereafter amended.
2.76.070 Organization and rules.
(1) Organization. The examiner operates independently of any department of the city, but will receive such
administrative assistance from the planning -community development director as is necessary to carry out the
functions of his —their office.
2.76.080 Powers.
(2) Specific. In addition to the general authority as granted herein, the examiner shall have the authority granted to
him -them in this code.
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2.76.130 Reconsideration.
(2) Effect of Request. The filing of a request for reconsideration shall stay the running of the appeal period until the
examiner issues a decision on the request. Upon issuance of a decision on a request for reconsideration, the time for
filing an appeal will begin. The examiner will review the request in light of the official record and his or :e their
decision, taking into account the grounds for the request. The examiner may deny the request; may set a hearing in
order to supplement the official record and issue a revised decision following that hearing; or may revise the
decision without a hearing. If the request is denied without further hearing or submission of materials by other
parties, the denial must be issued in writing within five working days of the date of the request. The examiner has
the authority to take any action consistent with the powers granted herein, in order to issue a decision on a request
for reconsideration. Action taken by the examiner in response to a request for reconsideration, other than a denial,
shall be in writing, and shall be issued within 21 calendar days of the date of the request.
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Chapter 2.78
DESIGN REVIEW BOARD
2.78.050 Meetings.
(2) Quorum. No business shall be conducted without a quorum at the meeting. A quorum shall exist when the
meeting is attended by a majority of the members of the board, which may include thechair.
(3) Chairp aarsenChair. The board shall elect one of its members to serve aschairperson rchair for a term of one year.
The ohair-personrchair may be elected to serve one consecutive additional term, but not for more than two successive
terms.
(4) Voting. All actions of the board shall be represented by a vote of the membership. Unless otherwise provided in
this chapter, a simple majority of the members present at the meeting in which action is taken shall approve any
action taken. The ehaifper-san chair may vote at the meetings.
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Chapter 2.80
EMERGENCY MANAGEMENT ORGANIZATION
2.80.050 Emergency management council — Composition.
The council shall be composed of five persons as follows: One county commissioner; the three mayors of
Bremerton, Port Orchard and Poulsbo; and one city council member from Bainbridge Island. If one of the members
is unable to attend a meeting of the council, he-of-shethey may designate an alternate elected official who shall be
empowered to vote and participate in and conduct the business of the council.
2.80.060 Emergency management council — Conduct of business.
(1) Meetings. The business and other matters which come before the council shall be transacted at open public
meetings. Meetings may be scheduled at regular times or may be called only as necessary. Meetings may be called
by the council's chair or vice- chair or by the director.
(2) Quorum. A quorum shall exist when there are at least two mayors, or their designees, and one commissioner, or
his —their designee, present. Business may be conducted by majority vote of the quorum unless otherwise
provided in this agreement.
(4) Election. At the first meeting of each calendar year the council shall elect one of its number ehairpersonrchair
and another vice —chair. Each shall serve for the balance of the calendar year or until successors are
elected.
(5) Minutes. The director or someone designated by hiniorthem shall keep the minutes of all meetings.
2.80.210 Mayor's proclamation of emergency.
(1) When unforeseen circumstances, beyond the control of the city, present an emergency or disaster as defined in
the city of Port Orchard's comprehensive emergency management plan, RCW 38.52.010(6)(a), and/or other federal,
state or local law, the mayor, or in him lheir absence, the mayor pro tempore, or in both their absence, the next
successor in line on the city council, may issue a proclamation ("mayor's proclamation") that an emergency
situation exists ("state of emergency") which necessitates activation of the city of Port Orchard's comprehensive
emergency management plan, and the utilization of emergency powers granted pursuant to said plan, as well as this
chapter, RCW 38.52.070(2) and other applicable federal, state and/or local laws. Upon such proclamation, the city
departments are authorized to do the following:
(3) Upon the conclusion of the event, the mayor, or in his— r their absence, the mayor pro tempore, or in both
their absence, the next successor in line on the city council, will issue a declaration ("mayor's declaration")
terminating the state of emergency as declared in the mayor's proclamation ending the event period.
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Chapter 2.82
ABATEMENT HEARING OFFICER
2.82.020 Authority.
The abatement hearing officer shall be appointed and compensated as set forth in Chapter 2.08 POMC, and shall
have the powers and duties as set forth herein. The hearing officer shall be appointed based on his or-heheir
qualifications for the duties of the office and shall have the necessary training and experience to conduct
administrative or quasi-judicial hearings, and to render decisions according to law. The hearing officer shall suggest
a hearing officer pro tem to serve in the event of his e their absence or disability, or in the event of a conflict of
interest. The appointment of a hearing officer pro tern is expected to be infrequent in nature. The hearing officer pro
tem will be entitled to the same compensation as the hearing officer during' :their term of service.
2.82.030 Conflict of interest.
(1) The hearing officer shall not conduct or participate in any hearing or decision in which:
(b) The hearing officer has a beneficial interest, directly or indirectly, in any aspect of the matter on which he -
or she isthey are called upon to issue a decision; or
(c) The hearing officer has a direct or indirect familial interest which might influence or interfere with his er
heAheir decision -making process or give rise to a violation of the appearance of fairness doctrine as codified in
Chapter 42.36 RCW, as written or hereafter amended, and the common law.
(2) The hearing officer shall disclose matters involving ex parte contacts, conflicts of interest or appearance of
fairness issues prior to or at the beginning of any matter or immediately upon becoming aware of the need for such
disclosure. The hearing officer shall recuse himself or hers hemself if the hearing officer believes ��heir
review of the matter would represent a conflict of interest or violate the appearance of fairness doctrine as set forth
herein.
(3) In the event the hearing officer recuses himself or hers 'fthemself, a hearing officer pro tem will be appointed,
according to POW 2.82.020.
2.82.040 Improper influence.
No city official either elected or appointed shall attempt to influence the hearing officer in any matter officially
before hiffi-�them so as to constitute misconduct by a public officer under Chapter 42.20 RCW, as written or
hereafter amended, or that would constitute a violation of the appearance of fairness doctrine as codified in Chapter
42.36 RCW, as written or hereafter amended.
2.82.050 Organization and rules.
(1) Organization. The hearing officer operates independently of any department of the city, but will receive such
administrative assistance from city staff as is necessary to carry out the functions of h�s�their office.
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Title 3
FINANCE
Chapters:
3.12 Trust and Agency Fund
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Chapter 3.08
ADVANCE TRAVEL EXPENSE REVOLVING FUND
3.08.010 General provisions.
There is established the advance travel expense fund in the amount of $2,000, which shall be a revolving fund
maintained as a checking account in the bank that is designated by the city as its official depository bank and
advances to officers or employees will be by check. All checks shall require the signature of the city treasure finance
director, or their designee if the treasurer finance director is not available, or the mayor. The revolving fund is to be
replenished by warrant. The maximum amount that may be used to pay for travel expenses incurred by any one
officer or employee of the city is $500.00.
3.08.020 Travel expense voucher.
On or before the fifteenth day following the close of the authorized travel period for which expenses have been
advanced to any officer or employee, they shall submit to the city finance director a fully itemized travel
expense voucher, for all reimbursable items legally expended, accompanied by the unexpended portion of such
advance, if any. Any advance made for this purpose, or any portion thereof, not repaid or accounted for in the time
and manner specified herein, shall bear interest at the rate of 10 percent per year from the date of default until paid.
3.08.030 Use restrictions.
An advance made under the provisions of POW 3.08.010 and 3.08.020 shall be considered as having been made to
such officer or employee to be expended by lthem as an agent of the city for the city's purposes only, and
specifically to defray necessary costs while performing hi -,their official duties.
3.08.050 Regulations.
The advance travel expense fund shall be administered by the city finance director in accordance with the
procedures adopted by the State Auditor's office for advance travel expense accounts established pursuant to RCW
42.24.120.
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Chapter 3.12
TREASURER'STRUST AND AGENCY FUND
3.12.010 Created.
There is created a trust and agency fund into which fees held in trust shall be placed as they are received.
3.12.020 Collection and distribution.
The finance director of the city is directed that the fees collected by the finance director, acting as
an intermediary depositary, shall be placed in the trust and agency fund and then distributed to the proper agencies
on a regular and timely basis.
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Chapter 3.44
TRANSPORTATION BENEFIT DISTRICT
3.44.030 Assuming the transportation benefit district.
(2) The treasurer of the transportation benefit district shall be the city treasure finance director.
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Chapter 3.48
MULTIFAMILY PROPERTY TAX EXEMPTION
3.48.130 Cancellation of tax exemption.
(1) The director may cancel a tax exemption on a property if he4l+ethey determines any of the following:
o.:.:a
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Chapter 3.56
COMMUNITY EVENTS FUND
3.56.020 Placement of moneys.
The finance director of the city is directed to place said moneys into a special revenue fund entitled the
community events fund.
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Chapter 3.68
WATER -SEWER EQUIPMENT REPLACEMENT FUND
3.68.020 Transfer of moneys.
The finance director of the city is directed to transfer $15,000 from the water -sewer operating fund as set
forth in the 1985 budget adopted on December 3, 1984.
3.68.030 Disbursement of funds — Authorization.
Disbursements from the water -sewer equipment replacement fund by the city treasufer finance director shall be
made upon proper authorization by the mayor and city council.
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Chapter 3.72
SPECIAL INVESTIGATIVE UNIT FUND
3.72.020 Placement of moneys.
The finance director of the city is directed to place said moneys into a special reserve fund entitled "Special
Investigative Unit (SIU) Fund".
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Chapter 3.80
CUMULATIVE RESERVE FOR EQUIPMENT REPLACEMENT FUND
3.80.020 Transfer of moneys.
The finance director of the city is dircctcd to transfer moneys as set forth in the 1990 budget adopted on
December 4, 1989.
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Chapter 3.84
REGISTRATION OF BONDS
AND OBLIGATIONS
3.84.030 Adoption of registration system.
(5) Duties of Registrar.
(b) When the tf easuf er finance director serves as registrar, a separate contract shall not be required.
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Chapter 3.90
DONATION ACCEPTANCE
3.90.010 Administration.
The finance director or l�their designee shall have the responsibility for the administration of all donations to
the city.
3.90.030 Acceptance.
All monetary and nonmonetary donations with a current value greater than $5,000 must be approved by the city
council prior to acceptance. The finance director or h er heir designee shall estimate the value of any
nonmonetary donation not supported by a bona fide appraisal, for purposes of compliance with this section.
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Chapter 5.04
ELECTRIC LIGHT BUSINESS AND OCCUPATION TAX
Sections:
5.04.150 Finance director to make rules.
5.04.060 Levy of tax.
There is levied an annual occupation tax, which shall be collected quarterly, against the persons, on account of the
business activities, and in the amounts to be determined by the application of the rates against gross income, as
follows:
Upon every person engaged in or carrying on the business of selling or furnishing electric light and power, a fee or
tax equal to six percent of the total gross income from such business in the city during 4is,=their quarter next
preceding the tax year for which the license is required.
5.04.070 Exceptions and deductions.
(2) Any person subject to the payment of a license fee or tax under the provisions of any ordinance of the city, other
than this chapter, on account of engaging in any activity for which lesthey are liable to tax under this chapter may
deduct the amount of such fee or tax imposed by this chapter on account of such activity, but such person shall
nevertheless, in the manner herein provided for, apply for and procure an occupation license.
5.04.080 Application or return for license.
(1) On or before the first day of each year, every taxpayer shall apply to the city finance director for an
occupation license upon blanks or forms of returns to be prepared and provided by himthem, requesting such
information as may be necessary to enable him -them to arrive at the lawful amount of the fee or tax. The taxpayer
shall write in a legible manner in such blank or form of return the information required and shall sign the same, and
by affidavit at the foot thereof shall swear or affirm that the information given is full and true and that l,--they l*ew-s
know the same to be so.
5.04.090 Sale or transfer of business.
Upon the sale or transfer during any tax year of a business on account of which a fee or tax is hereby required, the
purchaser or transferee shall, if the fee or tax has not been paid in full for the year, be responsible for its payment for
that portion of the year during which l,--they carried on such business.
5.04.100 Income records — Returns.
(1) It shall be the duty of each taxpayer taxed upon his -their gross income to keep and enter in a proper book or set
of books or records an account accurately reflecting the amount of his --their gross income, which account shall
always be open to the inspection of the city treastirer finance director or his -their duly authorized agent, and from
which the officer or his --their agent may verify the return made by the taxpayer.
(2) The applications, statements or returns made to the city tFeasuf er finance director pursuant to this chapter shall
not be made public, nor shall they be subject to the inspection of any person except the mayor, the city attorney, the
city tfinance director or his --their authorized agent, and members of the city council.
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5.04.110 Investigation of returns.
If any taxpayer fails to apply for license or make his -their return, or if the city finance director is
dissatisfied with the correctness of the statements made in the application or return of any taxpayer, the
finance director or 4-is-their authorized agent may enter the premises of such taxpayer at any reasonable time for the
purpose of inspecting hitheir books or records of account in order to ascertain the amount of the fee or tax or to
determine the correctness of such statements, as the case may be. The finance director or hi -,their
authorized agent may examine any person under oath administered by 44them, touching the matters inquired into,
or he -they may fix a time for an investigation of the correctness of the return and may issue a subpoena to the
taxpayer or any other person, to attend upon such investigation and there testify under oath administered by the
finance director or his -their agent, in regard to the matters inquired into and may, by subpoena, require hi-n+-
them or any person to bring with hin+-them such books, records and papers as may be necessary.
5.04.120 Over or under payment of tax.
If the city finance director upon investigation or upon checking returns finds that the fee or tax paid on any
of them is more than the amount required of the taxpayer, he -they shall refund the amount overpaid by a check upon
the general fund. If the city treasuf er finance director finds that the fee or tax paid is less than required, he -they shall
send a statement to the taxpayer showing the balance due, who shall within 30 days pay the amount shown thereon.
5.04.130 Failure to pay tax — Liability.
If any taxpayer fails to apply for license, or to make his -their return or to pay the fee or tax or any part thereof within
30 days after the tax is due, the city finance director shall ascertain the amount of the fee or tax or
installment due and shall notify the taxpayer who shall be liable therefor in any suit or action by the city for the
collection of the tax. The city tFeasufer finance director shall also notify the city attorney in writing of the name of
the delinquent taxpayer and the amount due from hiffi-them and the city attorney shall, with the assistance of the city
tFeasufe finance director, collect the same by any appropriate means or by suit or action in the name of the city.
5.04.140 Appeals to city council.
(1) Any taxpayer aggrieved by the amount of the fee or tax found by the city finance director to be required
under the provisions of this chapter, may appeal to the city council from such finding by filing a written notice of
appeal with the city clerk within 30 days from the time the taxpayer was given notice of the amount. The clerk shall,
as soon as practicable, fix a time and place for the hearing of the appeal, which time shall be not more than 10 days
after the filing of the notice of appeal, and he -they shall cause a notice of the time and place thereof to be delivered
or mailed to the appellant. At such hearing the taxpayer shall be entitled to be heard and to introduce evidence in his -
their own behalf. The city council shall thereupon ascertain the correct amount of the fee or tax by resolution and the
city clerk shall immediately notify the appellant. The amount of the tax, together with costs of the appeal if appellant
is unsuccessful therein, must be paid within 30 days after such notice is given.
(2) The mayor may, by subpoena, require the attendance of any person at the hearing of the appeal and may also
require h-ifrthem to produce any pertinent books and records. Any person served with such subpoena shall appear at
the time and place stated therein and produce the books and records required, if any, and shall testify truthfully
under oath administered by the mayor as to any matter required of h-imrthem pertinent to the appeal, and it shall be
unlawful for hiffi-them to fail or refuse to do so.
5.04.150 Treasurer Finance director to make rules.
The city treasurer finance director shall have the power and it shall be his --their duty, from time to time, to adopt,
publish and enforce rules and regulations not inconsistent with this chapter or with law for the purpose of carrying
out the provisions thereof. It shall be unlawful to violate or fail to comply with any such rule or regulation.
5.04.160 Licenses posted — Nontransferable.
(1) All licenses issued pursuant to the provisions of this chapter shall be kept posted by the licensee in a conspicuous
place in his -their principal place of business in the city.
(2) No persons to whom a license has been issued pursuant to this chapter shall allow any other person chargeable
with a separate license to operate under or display his -their license, nor shall such other person operate under or
display such license.
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Chapter 5.08
TELEPHONE BUSINESS AND OCCUPATION TAX
5.08.020 Application and issuance of license.
No person, firm or corporation shall engage in or carry on any business, occupation, act or privilege for which a tax
is imposed by POMC 5.08.030 without first having obtained, and being the holder of, a license as established in
Chapter 5.12 POMC. Each such person, firm or corporation shall promptly apply to the city finance
director for such license upon such forms as the treasurer finance director shall prescribe.
5.08.050 Payment periods.
The utility tax imposed by this chapter shall be due and payable in monthly installments and remittance shall be
made on or before the thirtieth day of the month next succeeding each month in which the tax accrued. On or before
the due date, the taxpayer shall file with the city finance director a written return, upon such form and
setting forth such information as the finance director shall reasonably require, together with the payment of
the amount of utility tax.
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Chapter 5.12
BUSINESS LICENSES
5.12.050 Disclaimer of city liability — Indemnification.
(1) Issuance of a license pursuant to this chapter does not constitute the creation of a duty by the city to indemnify
the licensee for any wrongful acts against the public, or to guarantee the quality of goods, services or expertise of a
licensee. The issuance of a license does not shift responsibility from the licensee to the city for proper training,
conduct or equipment of the licensee or his --their agents, employees or representatives, even if specific regulations
require standards of training, conduct or inspection. Issuance of the license does not exempt the licensee from other
required permits or licenses.
5.12.070 General qualifications of licensees.
(1) No license shall be issued, nor shall any license be renewed, pursuant to the provisions of this chapter to:
(a) An applicant who is under 18 years of age at the time of the application, unless he4hethey shall obtain the
written consent of said applicant's parent or guardian to make said application;
5.12.120 Suspension or revocation procedure.
(7) It is unlawful for any such person whose city business license has been revoked or suspended to continue
operation of the business enterprise, or to keep the license issued to him/he them in his h their possession and
control, and the same shall immediately be surrendered to the city license officer. Following revocation, no business
license shall be issued for a period of 12 months to the person or business entity whose license was revoked, or to
any business entity owned or controlled by such person or entity.
5.12.150 Notice and order.
(2) Method of Service. The notice and order shall be served upon the licensee either personally or by mailing a copy
of such notice and order by mail, return receipt requested, to such licensee at his4hertheir address as it appears on the
most recent business license application. The failure of any person to receive such notice shall not affect the validity
of any proceedings taken under this section. Service by mail in the manner herein provided shall be effective on the
date of mailing.
5.12.170 Criminal penalties.
Any person violating or failing to comply with any of the provisions of this business license chapter, and who has
had a civil penalty entered against him er he hem pursuant to POMC 5.12.160 within the past five years, shall be
subject to criminal prosecution and, upon conviction of a subsequent violation, shall be fined in a sum not exceeding
$1,000. Each day of noncompliance with any of the provisions of this chapter shall constitute a separate offense.
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Chapter 5.20
CABARETS*
***
5.20.060 License — Nontransferable — Posting.
The license issued under this chapter shall be personal and nontransferable, and shall at all times be conspicuously
posted in the place of business for which it is issued. Where the location of business of the licensee is changed, the
licensee shall return the license to the city clerk and a new license shall be issued for the new location of business
without charge. No person to whom a license has been issued pursuant to this chapter shall permit or allow any other
person to operate any business or display his4ertheir license, nor shall such other person operate under or display
such license.
5.20.070 License — Refusal, cancellation or revocation.
(2) The city clerk may refuse to issue a cabaret license, or may cancel or revoke such license after it has been issued,
if it is learned that the same was procured by fraud or false representation of facts, or that the applicant or permittee
has failed to comply with the provisions and requirements of this chapter or has violated any provision of this
chapter, or for any other reason which, in the opinion of the eh ee police chief, will be detrimental to the public
peace, health or welfare.
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Chapter 5.22
ADMISSIONS TAX
Sections:
5.22.120 Rules and regulations adopted by the finance director.
5.22.030 Definitions.
For purposes of this chapter, words and phrases shall have the following meanings:
(1) "Admissions charge," in addition to its usual and ordinary meaning, includes but shall not be limited to a charge
made for use of seats and tables, reserved or otherwise, and other similar accommodations.
(2) "City" means the city of Port Orchard, state of Washington.
(3) Finance director" means the city finance director's office.
(34) "Nonprofit organization" means any organization organized and operated for charitable, educational or other
purposes, which is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1954, as
amended.
(45) "Person" means any individual, receiver, assignee, fine, partnership, joint stock company, association, society,
corporation or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or
otherwise.
(56) "Place" means and includes, but is not restricted to, theaters, dancehalls, amphitheaters, auditoriums, stadiums,
athletic pavilions and fields, baseball and athletic parks, circuses, sideshows, swimming pools, outdoor amusement
parks and carnivals.
(6) "Tr-easufer=means-the eity tFeasurer's epee.
(7) "Start-up business" means an activity, occupation, pursuit or profession located and/or engaged in within the city
with the object of gain, benefit or advantage to another person, directly or indirectly, whether part-time or full-time,
and which has not operated for the prior 12 months or more at any location within the city. A change in ownership
of a business shall not create a new start-up business unless the business has not operated for the prior 12 months or
more.
5.22.070 Collection and payment.
(1) Any person, including any municipal or quasi -municipal corporation, who receives any payment for admissions
on which a tax is levied under this chapter shall collect the amount of the tax imposed from the person making the
admission payment and shall remit the same as provided for in this section. The tax imposed under this chapter shall
be deemed to be held in trust by that person required to collect the tax until it is paid to the city as herein provided.
Any person required to collect the tax imposed under this chapter who fails to collect the same or, having collected
the same, fails to remit the same to the city in the manner prescribed in this chapter, whether such failure be the
result of Their own act or the result of acts or conditions beyond e heir control, shall nevertheless
be personally liable to the city for the amount of such tax, and shall, unless remittance is made as required in this
section, be guilty of a violation of this chapter. The tax imposed shall be collected at the time admission charge is
paid by the person seeking admission to any place and shall be reported and remitted by the person receiving the tax
to the city finance director monthly on or before the fifteenth day of the following month if the amount
collected exceeds $100.00 collected in one month. Amounts less than $100.00 collected in one month may be
remitted quarterly as follows:
(a) January, February, March to be received by April 15th.
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(b) April, May, June to be received by July 15th.
(c) July, August, September to be received by October 15th.
(d) October, November, December to be received by January 15th.
The treasuref finance director may extend the time for making and filing the return and remittance of the tax for a
period not to exceed 30 days. Payment or remittance of the tax collected may be made by check, unless payment or
remittance is otherwise required by the 4feasufe finance director. Checks should be made payable to the city.
Payment by check shall not relieve the person collecting the tax from liability for payment and remittance of the tax
unless the check is honored and in the full and correct amount. Any person receiving any payment for admissions
shall make out a return upon such forms providing information as required by the treasure finance director.
Whenever any theater, circus show, exhibition, entertainment or amusement makes an admission charge which is
subject to the tax levied in this chapter, and the same is of a transitory or temporary nature, of which the treasufer
finance director shall be the judge, the treasurer finance director shall require the report and remittance of the
admissions tax immediately upon the collection of the tax at the conclusion of the performance or exhibition, or at
the conclusion of a series of performances or exhibitions, or at such other time as the treasurer finance director shall
determine. The finance director may require the applicant to deposit a sum of money or bond in advance of
any performance, show or amusement. This deposit or bond shall be returned upon faithful compliance with the
provisions of this chapter.
(2) Failure to comply with any requirements of the treasurer finance director as to reporting and remitting the tax
shall be a violation of this chapter.
(3) The books, records and accounts of every person collecting a tax levied in this chapter shall, as to admission
charges and tax collections, be subject to examination and audit by the finance director at all reasonable
times.
5.22.080 Penalty for late payment.
(1) If payment of any tax due under this chapter is not received by the treasurer finance director by the last day of
the month in which the tax was due, there shall be added to such tax a penalty of 15 percent of the tax due.
(2) The finance director shall notify the taxpayer by mail of the amount of any penalties so added or
assessed and these shall become due and payable within 10 days from the date of such notice.
(3) In addition to this penalty, the treasurer finance director may charge the taxpayer interest of one percent of all
taxes due for each 30-day period or portion thereof that such amounts are past due.
5.22.090 Registration required.
Any person conducting or operating any activity for which an admission charge is made shall register with the
treasure finance director.
5.22.100 Successor to business.
When any person required to pay a tax under this chapter shall quit business or otherwise dispose of his their
business, any admissions tax payable shall immediately become due and payable, and if such tax is not paid by such
person within 10 days from the date of such sale, exchange or disposal of the business, the purchaser or successor
shall also become liable for the payment of the full amount of such tax plus accrued penalties.
5.22.110 Recordkeeping.
It shall be the duty of every person liable for any tax imposed by this chapter to keep and preserve for a period of
five years suitable records as may be necessary to determine the amount of any tax for which he-ef-Aethey may be
liable under the provisions of this chapter.
5.22.120 Rules and regulations adopted by erfinance director.
The finance director shall have the power to adopt rules and regulations not inconsistent with the terms of
this chapter for carrying out and enforcing the payment, collection and remittance of the tax levied by this chapter
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and a copy of the rules and regulations shall be on file and available for public examination at the finance
director's office. Failure or refusal to comply with any such rules and regulations shall be deemed a violation of this
chapter.
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Chapter 5.28
GAMBLING
5.28.040 Exemption from taxation.
(3) Any bona fide charitable or nonprofit organization desiring to obtain this exemption must make a verified
application for exemption to the city finance director for each calendar year during which the exemption is
sought. Such application shall set forth the facts and circumstances by which the organization qualifies for the
exemption.
5.28.050 Quarterly tax payments — Exemptions.
(3) Whenever it appears that the collection of taxes from any person, association or organization may be in jeopardy,
the city treasure finance director, after not less than five days' notice to the taxpayer, is authorized to require that
taxpayer to remit taxes and return at such shorter intervals than quarterly or annually, as the city finance
director shall deem appropriate under the circumstances.
5.28.060 Administration and collection.
(1) Administration and collection of the various taxes imposed by this chapter shall be the responsibility of the city
finance director. Remittance of the amount due shall be accompanied by a completed return form
prescribed and provided by the city finance director. The taxpayer shall be required to swear and affirm that
the information given in the return is true, accurate and complete.
(2) The city finance director tfeasufer authorized, but not required, to mail to taxpayers forms for returns. Failure
of the taxpayer to receive such a form shall not excuse a taxpayer from making the return and timely paying all taxes
due. The city finance director treasufer shall make forms available to the public during regular business hours.
(3) In addition to the return form, a copy of the taxpayer's report to the Washington State Gambling Commission as
required by WAC Title 230, for the period in which the tax accrued, shall accompany the remittance of the tax
amount due. The return, and copy of the report to the Washington State Gambling Commission, shall be filed in the
city tfinance director's office after notation by that office upon the return of the amount actually received
from the taxpayer.
5.28.070 Method of payment.
(1) Taxes payable hereunder shall be remitted to the city finance director won or before the time required. If
payment is made by draft or check, the tax shall not be deemed paid until the draft or check is honored in the usual
course of business, nor shall the acceptance of any sum by the city finance director Abe an acquittance or
discharge of the tax unless the amount paid is the full amount due.
5.28.080 Failure to make remittance.
(1) If full payment of any tax or fee due under this chapter is not received by the city finance director won or
before the date due, there shall be added to the amount due a penalty fee as follows:
(a) One through 10 days late: five percent of tax due;
(b) Eleven through 20 days late: seven and one-half percent of tax due;
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(c) Twenty-one through 31 days late: 10 percent of tax due;
(d) Thirty-two through 60 days late: 15 percent of tax due.
(2) In no event shall the penalty amount be less than $10.00. In addition to this penalty, the city finance director
treasurer shall charge the taxpayer interest of eight percent per annum of all taxes and fees delinquent for more than
30 days.
5.28.090 Notice of intent to engage in gambling activity.
In order that the city may identify those persons who are subject to taxation under this chapter, each person,
association, or organization shall file with the city finance director treasufer a sworn declaration of intent to conduct
an activity taxable under this chapter upon the form prescribed by the city finance directortrr , together with a
copy of the license issued therefor by the Washington State Gambling Commission. The filing shall be made not
later than 10 days prior to conducting or operating the taxable activity. No fee shall be charged for such filing.
Failure to timely file shall not excuse any person, association, or organization from any tax liability.
5.28.100 Records required.
(3) Where a taxpayer does not keep all of the books, records, or items required to be kept or maintained under this
section in this jurisdiction, so that any city law enforcement officer or agency may examine them conveniently, the
taxpayer shall either:
(a) Produce all of the required books, records, or items for such inspection within the city within 15 days
following a request of any city law enforcement officer or agency that he -they do so; or
5.28.110 Overpayment or underpayment of tax.
If, upon application by a taxpayer for a refund or for an audit of its records, or upon any examination of the returns
or records of any taxpayer, it is determined by the city finance director that within three years immediately
preceding the receipt by the city finance director Hof the application by the taxpayer for a refund, or an
audit, or in the absence of such an application, within the three years immediately preceding the commencement by
the city finance director of such examination:
(2) A tax or other fee has been paid which is less than that properly due, or no tax or other fee has been paid, the city
finance director treasurer shall mail a statement to the taxpayer showing the balance due, including the tax amount
or penalty assessments and fees. It shall be a separate, additional violation of this chapter, both civil and criminal, if
the taxpayer fails to make payment in full within 10 calendar days of such mailing.
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Chapter 5.32
CIRCUSES AND CARNIVALS
5.32.060 Application for license and information required.
Before any person shall operate any amusement licensed under the provisions of this chapter, he- hey shall apply in
writing to the city council for a license therefor and pay the license and Fire District review and inspection fees
provided in this chapter. The application shall specify:
(1) The name of the person, firm, or corporation which will use the structure;
(2) The location of the principal place of business of such person, firm, or corporation;
(3) The names and addresses of the officers of such firm or corporation;
(4) The length of time the license is intended to be used for the purpose applied for;
(5) Nature of activity to be conducted;
(6) Such other relative information as the city council may require.
5.32.070 Providing for policing.
Before any person shall operate any amusement licensed under the provisions of this chapter he —they -shall provide
sufficient information to the chief cepolice chief as to show that adequate policing will be provided, such that
persons attending any such amusement shall have reasonable police protection and supervision.
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Chapter 5.36
JUNK DEALERS
5.36.020 Record of transactions to be kept.
Every junk dealer shall provide and keep a book in which shall be plainly written in ink and in the English language
at the time of every purchase an accurate description of the article purchased, the name and residence of the person
from whom such purchase was made; the day and hour of such purchase and the place where it is being kept or
stored. The book shall at all times reasonable, be open for inspection by the ehief of polieepolice chief or other
officials of the city. No entry made in the book shall be erased or in any manner obliterated or defaced.
5.36.050 Inspection of premises.
It shall be unlawful for any junk dealer to refuse to allow any city official to inspect his -their place of business and
all articles or things kept therein whenever such officer shall deem it necessary so to do.
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Chapter 5.40
PAWNBROKERS
5.40.060 Criteria for denial, nonrenewal, suspension or revocation of license.
A licensee shall have his -their license suspended for 30 days for the first violation, 90 days for the second violation;
and upon the third violation in any 12-month period, the pawnbroker's license shall be revoked.
5.40.100 Transcript of pawnbroker's record.
(1) Every pawnbroker shall, before 12:00 noon of every business day furnish a full, true and correct transcript of the
record of all transactions conducted on the preceding day. These transactions shall be recorded on such forms as
may be provided and in such format as may be required by the ehief of polieepolice chief.
(2) If a pawnbroker has good cause to believe that any property in his�their possession has been previously lost
or stolen, the pawnbroker shall promptly report that fact to the ^''F.police chief, together with the name of
the owner, if known, and the date when, and the name of the person from whom it was received.
5.40.130 Pawnbrokers — Sale of pledged property limited — Written document required for transactions.
(4) If a person who has entered into a loan transaction with a pawnbroker in this state is unable to redeem and repay
the loan on or before the expiration of the term of the loan plus the minimum 60-day grace period, and that person
wishes to retain his-�their rights to use that item by renewing the loan, and if both parties mutually agree, an
existing loan transaction may be rewritten into a new loan, either in person or by mail. All applicable provisions of
this chapter shall be followed in rewriting a loan, except that where an existing loan is rewritten by mail RCW
19.60.020(1)(a) and (g) shall not apply.
5.40.150 Operation at night.
It shall be unlawful for any pawnbroker to conduct or carry on the business of pawnbroker, in whole or in part,
directly or indirectly, or to open, or keep open, his -their pawnshop for the transaction of any business whatsoever
therein, between the hours of 7:00 p.m. and 7:00 a.m. except from December 15th to December 25th of each year,
and on Saturdays, when pawnbrokers may remain open until, but not later than 10:00 p.m.
5.40.170 Prohibited acts — Penalty.
(3) Any pawnbroker to receive any property from any person under the age of 18 years, any person under the
influence of intoxicating liquor or drugs, or from any person who is known to the pawnbroker as having been
convicted of burglary, robbery, theft, or possession of or receiving stolen property within the past 10 years whether
the person is acting in his heir own behalf or as the agent of another;
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Chapter 5.44
PEDDLERS AND HAWKERS
5.44.060 Issuance of peddler's license.
Any person desiring to engage in the business of peddler as defined in POMC 5.44.010, shall make payment in
advance to the clerk, at the rates specified in POMC 5.44.040, and his -their receipt shall operate as a license for the
time specified thereon.
5.44.070 Issuance of hawker's license.
Any person desiring to engage in the business of hawker, as defined in POMC 5.44.020, within the city, shall make
payment in advance to the clerk, at the rates specified in POMC 5.44.050, and histheir receipt shall operate as a
license for the time specified thereon.
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Chapter 5.56
TAXICABS
5.56.010 Supervisory duties of officials.
(2) The inspection of taxicabs, inspection and sealing of taxicab meters and the enforcing of the provisions of this
chapter shall be under the supervision of the ^'�i�epolice chief (hereafter referred to as "chief'); and
5.56.110 Photographs of driver applicant.
Every applicant for a driver's license must file with their application two recent photographs of himself er-
herw4fthemself of a size designated by the clerk and which may be easily attached to their license, one of which
shall be so attached when issued; the other shall be filed with the application. The photograph shall be so attached to
the license that it cannot be removed and another photograph substituted without probability of detection. Each
licensed driver shall, on demand of the license inspector, police officer or a passenger, exhibit their license and
photograph for inspection.
5.56.170 Penalty.
In addition to or as an alternative to any other penalty provided herein or by law, penalties shall be assessed by the
city license officer, his-e their assignee, or by a police officer against any licensee, person, or business that
violates any provision of this chapter as follows:
5.56.180 Revocation or suspension of license — Procedure.
(2) Any notice provided for in this section shall be served, either: (a) by delivering copy personally to the licensee,
or (b) by leaving a copy with some person of suitable age and discretion at the place of business of the licensee, or if
no such person be found at the place oss of the licensee, by leaving such notice in a conspicuous place on the
premises, and mailing a copy of the notice to the licensee at his --their place of business as set forth in his -their
application for license. At the hearing on said charges, the licensee shall have the right to appear and defend the
charges and, if licensee so desires, to be represented by counsel.
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Chapter 5.60
FIREWORKS
5.60.005 Definitions.
(6) "Fire authority" means the fire chief of the South Kitsap Fire and Rescue District or kis,Lhe heir designee for the
purposes of this chapter.
5.60.020 Conditions for sales of fireworks and public display — Permit issuance.
(5) Applicant shall post a $50.00 deposit conditioned upon the prompt removal of the temporary stand and/or the
cleaning up of all debris from the site. If the applicant removes such temporary stand and cleans up all the debris
before the tenth day of July each year, h,— hey shall be entitled to the return of h�stheir $50.00 deposit.
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Chapter 5.68
NATURAL GAS FRANCHISE
5.68.120 Gross earnings — Excise tax.
The right and privileges hereby granted are upon condition that the CNG, its successors or assigns, shall pay, as
compensation and as a consideration for the use of the streets, avenues, alleys, and public grounds of the city, for the
purposes herein designated, the full sum and amount of six percent of its gross earnings from the sale of gas in the
city, monthly into the treasury of the city for the use and benefit of the city. CNG's payment of the compensation
shall be made on or before the last day of each month following the month in which the tax accrued from the
granting of this franchise. And for the purpose of ascertaining the gross earnings upon which payment shall be
made, as aforesaid, an accurate account of such earnings shall be kept by CNG, and an abstract and account thereof
furnished by it to the city finance director of the city on or before the last day of each month following the
month in which the tax accrued, the truth of which abstract shall be verified by affidavit of CNG. For the purpose of
verification of such statements, the books of CNG shall be at all times opened for the inspection of such officer,
person or persons as may be appointed for that purpose by the city. And for the purpose of securing to the city the
payment of the aforesaid per centum, the city shall have a lien for the payment of the said per centum and the same
shall be charged against all of the property, estate and effects of the said company whatsoever, real, personal or
mixed, and may be enforced by the city by civil action. But nothing contained herein shall be held to impair the
rights of the city in enforcing the terms and conditions of this franchise. The city reserves the right, upon adequate
notice to CNG, to increase the excise tax CNG pays on its gross earnings from the sale of gas in the city up to the
maximum amount allowed by law.
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Chapter 5.78
GARBAGE UTILITY BUSINESS AND OCCUPATION TAX
5.78.020 Payment of tax.
The tax due under this chapter shall be paid to the city tfeaswer finance director by the contractor on a monthly
basis.
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Chapter 5.84
WATER, SEWER, STORM BUSINESS AND OCCUPATION TAX
5.84.060 Application or return for license.
(1) On or before the first day of each year, every taxpayer shall apply to the city finance director for an occupation
license upon blanks or forms of returns to be prepared and provided by himthem, requesting such information as
may be necessary to enable him -them to arrive at the lawful amount of the fee or tax. The taxpayer shall write in a
legible manner in such blank or form of return the information required and shall sign the same, and by affidavit at
the foot thereof shall swear or affirm that the information given is full and true and that he or she knowstbey know
the same to be so.
5.84.120 Appeals to city council.
(1) Any taxpayer aggrieved by the amount of the fee or tax found by the city finance director to be required under
the provisions of this chapter may appeal to the city council from such finding by filing a written notice of appeal
with the city clerk within 30 days from the time the taxpayer was given notice of the amount. If the determination
being appealed is the amount of the tax or fee due, the amount determined by the finance director must be paid to
Port Orchard under protest before filing an appeal. The clerk shall, as soon as practicable, fix a time and place for
the hearing of the appeal, which time shall be not more than 30 days after the filing of the notice of appeal, and shall
cause a notice of the time and place thereof to be delivered or mailed to the appellant. At such hearing the taxpayer
shall be entitled to be heard and to introduce evidence in his-o their own behalf The city council shall thereupon
ascertain the correct amount of the fee or tax by resolution and the city clerk shall immediately notify the appellant.
The amount of the tax, together with costs of the appeal if appellant is unsuccessful therein, must be paid within 30
days after such notice is given.
5.84.140 Licenses posted — Nontransferable.
(2) No persons to whom a license has been issued pursuant to this chapter shall allow any other person chargeable
with a separate license to operate under or display his-thcir license, nor shall such other person operate under
or display such license.
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Chapter 5.94
SPECIAL EVENTS
5.94.070 Revocation of permit.
The ^'�i�epolice chief, fire chief, or public works director, or their designated representatives, shall have the
authority to revoke a permit issued hereunder instantly upon violation of any one or more of the code ordinances or
conditions or standards of issuance as herein set forth.
5.94.080 City assistance.
The ^hii -epolice chief, fire chief, and/or public works director may require necessary public safety and
traffic control, including but not limited to requiring certified flagger(s), use of downtown parking lots, police
protection and/or emergency medical services to be provided at the special event at the organizer's expense. Special
events that have been exempted by the city council from personnel expenses in the form of a resolution shall not be
subject to expenses for city support. The finance department shall notify all applicants of the actual expenses related
to city support of the special event.
(2) Police Services Protection. After obtaining as much information as the ^'�i�epolice chief reasonably
deems necessary regarding a special event permit application, he-ef-4ethey shall determine whether and to what
extent additional police protection reasonably will be required for the special event for purposes of crowd control,
and security. In making this determination, the ehief of policepolice chief shall consider those factors set out in
POMC 5.94.060. If additional police protection for the special event is deemed necessary by the ehief of
pelicepolice chief, he-of-shethey shall notify the applicant. The applicant then shall have the duty to secure police
protection acceptable to the chief of chief at the sole expense of the applicant and shall prepay the
expenses of such protection, as required. The fees are set by council resolution, which establishes the reimbursement
rate for enhanced security expenses. The ^hi --epglice chief shall consider what additional personnel,
equipment and supplies are needed, as well as any other items or expenses which will be necessary.
(3) Fire Protection and Emergency Medical Services.
(a) After receiving notification of the intended special event, the fire chief shall make a determination as to the
need for on -site fire watch and/or emergency medical personnel. The fire chief shall consider such factors as
the location, number of anticipated participants and spectators, and type of event, including the application of
appropriate codes and ordinances. If fire watch and/or emergency medical personnel for the event are deemed
necessary by the fire chief, he-ef-shethey shall notify the applicant, and the applicant shall be responsible for
securing fire watch/emergency medical personnel reasonably acceptable to the fire chief at the sole expense of
the applicant and shall prepay the expenses of such protection. Only state -certified, licensed professional
fire/emergency medical personnel shall be used for this purpose, preferably South Kitsap Fire and Rescue
employees and equipment.
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Chapter 5.97
TOW COMPANIES
5.97.050 Towing and storage fees and charges.
(5) Preparation of Bills. Every tow operator, his agent or employee, after towing a vehicle shall prepare a bill in
duplicate, the original of which shall be given to the registered owner of such vehicle or h�-,their authorized
representative, and a copy retained by the operator at hismtheir place of business for a period of at least one year and
shall be exhibited to the Port Orchard police department upon demand. The bill shall contain the following:
(a) The name, address, and telephone number of the tow truck company;
(b) The name and address of the person calling for and engaging the tow truck;
(c) License number and description of the vehicle towed, such as year, make, model and color;
(d) The company number of the tow truck used;
(e) Itemized and total amount charged for towing and storage, and time and place from which towing
commenced and terminated.
5.97.090 Procedure for application to tow.
(2) Each application shall be considered within 30 days. Inspections shall be made and, upon the passing of the
inspections and meeting all requirements, the ^hi police chief shall order the applicant to be placed at the
bottom of the rotation towing list.
5.97.100 Compliance.
(2) If a tow company fails to respond or fails to respond within the response time requirements of this chapter to
more than 10 percent of the tows requested by the Port Orchard police department or the city during any 30-day
period, the ehief of palieepolice chief may request a report or other information from the towing company justifying
those periods of unavailability. If a satisfactory justification is not supplied, the ehief of palieepolice chief may
revoke or suspend the tow operator's letter of approval for placement on the Port Orchard rotational towing list.
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Chapter 6.04
GARBAGE AND REFUSE*
6.04.040 Property owner responsibility.
(1) At a minimum, the property owner and/or resident responsibilities shall include:
(b) No garbage can shall be overloaded with earth, rocks, or heavy refuse beyond the point where one pickup
ep rson can lift the can to the pickup truck, and in no event will it be overloaded so that the total weight
exceeds 65 pounds. In the event any loaded garbage can weighs over 65 pounds, the customer may be charged
for additional containers to the extent of the overweight.
6.04.110 Penalty for refusal to remove rubbish.
Any person who fails, neglects or refuses to remove any refuse from any premises owned, occupied or controlled by
such person, either as owner, occupant, tenant or agent, or upon any street, avenue, alley, highway or public place
abutting such premises, within seven calendar days after having been notified in writing to do so by the city building
official, or any polierpolice officer of the city, shall be guilty of a misdemeanor.
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Chapter 6.12
TREES AND SHRUBS
6.12.020 Notice to remove.
Whenever in the opinion of the city engineer/superintendent of public works of the city, any trees, plants, shrubs or
vegetation or parts thereof, should be removed or destroyed for any of the reasons set forth in POMC 6.12.010, he —
they -shall cause a notice to be served on the owner of the property in the manner set forth in this section. Such notice
shall describe the property involved and the condition to be corrected and shall require that the owner cause the
condition to be corrected within such period of time as shall be designated in the notice. The notice shall further
provide that if the condition is not corrected within the time specified, that after the termination of the period of time
and on a date specified in such notice, a resolution will be presented to the city council to provide for the removal or
destruction of the trees, plants, shrubs, vegetation or parts thereof, and the cost of the removal or destruction
becomes a charge against the owner and a lien against the property.
6.12.030 Service of notice.
The notice provided for in POMC 6.12.020 shall be served by delivering the notice or a copy thereof to the owner
personally or by leaving the same at his -their place of residence with a person of suitable age or discretion, or, if the
owner is not a resident of the city, by leaving the same with the agent handling the property or the tenant in
possession thereof, or if there be no such agent or tenant, by posting a copy of the notice in a conspicuous place on
the premises involved and mailing a copy thereof to the owner at his--their-last known place of residence, if any.
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Title 7
ANIMALS
Chapter 7.01
DEFINITIONS
7.01.010 Definitions.
Within the provisions of this title, the following definitions shall apply:
(1) "Animal" is a female, spayed female, male or neutered male animal, including any goat, horse, mule, cattle,
swine or other domestic livestock used or raised on a farm, and any living vertebrate creature including reptiles or
birds and excluding any marine mammals, fish or ep rson. "Animal' also includes dogs or cats unless
specifically excluded.
(18) "Local law enforcement officer" means the police chief or his e heir designee.
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Chapter 7.04
ANIMAL CONTROL
7.04.060 Stray animal.
It shall be the duty of each and every person who takes into his -their possession or custody any stray animal not
placed in hi -,their custody by the person having lawful ownership, custody or control thereof at once to notify Port
Orchard police department and/or the animal control authority giving a detailed description of the animal. In the
event the rightful owner is unknown, and the person having possession or custody of the stray animal desires to
assume ownership of the stray animal, they may do so after notifying the animal control authority and obtaining a
license, if one is required for the type of animal found. If the owner of the animal is known or comes forward to
identify themself as the owner of the animal, it is unlawful to refuse to release such animal to an officer of the Port
Orchard police department, the animal control authority or rightful owner of the animal upon demand and without
charge. Every effort must be made by the person finding the stray animal and the animal control authority to identify
the rightful owner.
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Chapter 7.06
DANGEROUS ANIMALS
7.06.040 Registration of a dangerous animal.
(9) Change of Ownership Prohibited. An owner of an animal declared dangerous shall not sell or otherwise transfer
the ownership, custody or residence of the animal without first obtaining a written court order authorizing the
transfer. An owner or keeper seeking court approval shall notify the animal control authority of his --their intent. In
determining whether to grant or deny approval, the court shall consider the following criteria:
(a) The information set forth in POW subsection (4) of this section; and
(b) Any previous violations of this title by the proposed new owner; and
(c) The facilities proposed to contain the animal at its new site; and
(d) The characteristics of the neighborhood surrounding the proposed new owner's premises, i.e., number of
children, schools, day care facilities, etc.
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Chapter 7.08
IMPOUNDING
7.08.030 Animal control authority employees to be special police.
Each employee of the animal control authority over the age of 21 years may be made a special police officer and
charged with the duty of enforcing animal control ordinances of the city and statutes of the state as prescribed in
POW 7.08.020, but without pay from the city treasury. A special police commission shall be issued to such
employees by, and at the discretion of the chief cepolice chief of the city, and may be revoked at will by the
chief eepolice chief, and when so revoked such appointment shall cease and be null and void.
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Chapter 7.10
EXOTIC ANIMALS
7.10.070 Periodic inspection of premises.
The director of the animal control authority, or any other officer authorized by himthem, may make routine periodic
inspections of a licensee's premises and records in order to determine the number, kind, weight and condition of
exotic animals possessed by the licensee, and for purposes of enforcing the provisions of this chapter and the rules
and regulations of the animal control authority.
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Chapter 7.12
LICENSES
7.12.040 Issuance of animal licenses.
It shall be the duty of the city clerk, his-a�their appointee or his-o�their authorized agent to issue licenses to
persons applying therefor, upon payment of the license fee, if required, as herein provided, and a tag for each dog or
cat licensed. The license shall be dated and numbered and shall bear the name of Port Orchard, Washington, the
name and address of the owner or keeper of the dog or cat licensed, the name of the dog or cat and a description of
the dog or cat, including its age and sex. The tag shall bear the name of Port Orchard, Washington, a serial number
corresponding with the name on the license. It shall be a violation of this chapter for any owner or keeper of a dog to
not have a substantial collar on the dog and attached firmly thereto the license tag.
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Title 9
PUBLIC PEACE, MORALS AND SAFETY
Chapter 9.02
GENERAL PROVISIONS
9.02.040 Costs of prosecution.
Whenever anyone is convicted of any offense under a section of this title, or of any other city ordinance, in addition
to the fine imposed, he-er-,hethey shall pay the costs of prosecution. In default of such payments, he-ef-shethey may
be imprisoned until the fine is paid or worked out on the basis of $25.00 per each day of imprisonment.
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Chapter 9.09
PUBLIC DEFENSE SERVICES
9.09.100 Disposition of client complaints.
The public defender shall provide a method to respond promptly to client complaints. Complaints should first be
directed to the attorney, firm or agency which provided representation. If the client feels that they have
not received an adequate response, the city shall designate a person or agency to evaluate the legitimacy of
complaints and to follow up meritorious ones. The complaining client should be informed as to the disposition of his-
op4w�their complaint within one week. Nothing herein shall bar a client from also filing a complaint with the
Washington State Bar Association.
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Chapter 9.14
CONTROLLED SUBSTANCES
9.14.080 Drug -related loitering.
(2) Among the circumstances, which may be considered in determining whether such a purpose is manifested are:
(b) Such person is currently subject to an order prohibiting �heir presence in a high drug activity
geographic area;
(c) Such person behaves in such a manner as to raise a reasonable suspicion that he or s w4sthey are about to
engage in or is then engaged in unlawful drug -related activity, including, by way of example only, such person
acting as a "lookout";
(g) Such person manifestly endeavors to conceal himself or herselfthemself or any object, which reasonably
could be involved in unlawful drug -related activity;
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Chapter 9.20
OFFENSES AGAINST PUBLIC MORALS
9.20.020 Prostitution loitering.
(1) A person is guilty of prostitution loitering if he er she r-emai sthey remain in a public place and intentionally
solicits, induces, entices or procures another to commit prostitution.
(2) Among the circumstances which may be considered in determining whether the actor intends such prohibited
conduct are that he or shethey:
(a) Repeatedly beckons to, stops or attempts to stop pedestrians or engages pedestrians in conversation; or
(b) Repeatedly beckons to, stops or attempts to stop motor vehicle operators by hailing, waiving of arms or any
other bodily gesture; or
(c) Circles an area in a motor vehicle and repeatedly beckons to, contacts or attempts to stop pedestrians; or
(d) Is a known prostitute or procurer; or
(e) Inquires whether a potential patron, procurer or prostitute is a police officer, searches for articles that would
identify a police officer, or requests the touching or exposing of genitals or female breasts to prove that a
person is not a police officer.
9.20.070 Lewd conduct.
(1) A person is guilty of lewd conduct if he-ef-,4ethey intentionally perform any lewd act in a public placc
or at a place and under circumstances where such act could be observed by the public.
(2) The owner or operator of premises open to the public is guilty of lewd conduct if he-ow-shethey knowingly
permits -permit lewd conduct in a public place under his,-e�their control.
9.20.080 Public display of erotic material.
(1) A person is guilty of public display of erotic material if he-of-,hethey knowingly plaees- 1p ace such material upon
public display, or if he-(�they knowingly fails -fail to take prompt action to remove such a display from property
in his-�their possession after learning of its existence.
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Chapter 9.22
ALARM SYSTEMS
9.22.030 Charges for false alarms.
(1) In the case of a false alarm, the owner of the business or residence upon which the alarm system is located shall
pay to the city tf easuf er finance director the response fee and provide the report set forth in this section.
(2) In the case of a false alarm response to a business or residence at which no other false alarm has occurred in the
previous 12-month period, there will be no fee charged. Within seven calendar days after the false alarm the owner
of the business or residence shall file a report with the ehief of poheepolice chief. The report shall be prepared on a
form available from the police department. The report shall be completed in its entirety. The report, at a minimum,
shall contain the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by an
authorized service technician, and such other information as the ^'�i�epolice chief may reasonably require
to determine the cause of such false alarm and corrective action necessary. It is a civil infraction to fail to provide a
complete report within the seven-day period or to take the corrective action within 10 days after the false alarm.
(4) If the fees imposed in accordance with this section are not paid to the city finance director within 30
days from the date of billing, a penalty of five percent shall be assessed for every 30 days payment is delinquent.
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Chapter 9.24
OFFENSES AGAINST PUBLIC ORDER
9.24.040 Disruption of school activities.
(1) A person is guilty of disruption of school activities if he or she comethe. c� into or remain remain in any
school building, classroom, or upon any school ground, street, sidewalk or public way adjacent thereto, without
lawful reason, and intentionally causes cause undue disruption of the activities of the school.
9.24.050 Public disturbance noises — Nuisances.
(3) Noises Exempt — Daytime Hours. The following noises shall be exempt from the provisions of this chapter,
during the hours of 7:00 a.m. to 9:00 p.m. Monday through Friday, and 8:00 a.m. to 9:00 p.m. on Saturday, Sunday,
New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day,
Veterans Day, Thanksgiving, and Christmas:
(5) Enforcement. The ehief of polieepolice chief of the Port Orchard police department and all duly appointed and
commissioned police officers are authorized and directed to administer and enforce the provisions of this chapter.
9.24.060 Aggressively begging.
(2) The following definitions apply to this section:
(b) "Intimidate" means to engage in threatening conduct, which would make a reasonable person fearful of
harm to h��lheir person or property.
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Chapter 9.30
NUISANCES
9.30.010 Definitions.
The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following
meanings:
(1) "Abate" means to repair, remove, replace or destroy or otherwise remedy the condition in question by such
means and in such a manner and to such an extent as the enforcement officer in h�their judgement determines is
necessary in the interest of the general health, safety and welfare of the community.
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Chapter 9.32
OFFENSES BY AND AGAINST MINORS
9.32.010 Definitions.
(6) "Neglected child" means a child who is:
(b) In a situation of clear and present danger of suffering substantial damage to his or : e their mental or
physical health; or
(c) A runaway from his--a�their home or a fugitive from his--a�their parent or guardian.
9.32.040 Contributing to the delinquency of a minor.
(1) A person is guilty of contributing to the delinquency of a minor if, by act or omission, he-ef-hethey knowingly
causes -cause-Or eneeurages-encourage a minor to commit or otherwise contributes to a minor's commission of a
delinquent act.
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Chapter 9.46
CITY -OWNED DOCKS AND PIERS
9.46.050 Violation — Penalty.
(2) It shall be the duty of the police department, under the direction of the chief cepolice chief, to enforce the
regulations set forth in this chapter.
9.46.060 Authority to impound abandoned or derelict vessels.
Whenever a vessel remains moored at a city facility for more than two consecutive days or is in violation of any
other provision of this chapter, the ehief of policepolice chief or designee may impound the vessel and any property
associated with the vessel. Vessels moored in prohibited areas and unauthorized vessels moored in restricted areas
are subject to immediate impoundment. In addition, the chief cepolice chief or designee may impound any
vessel moored at a city facility if the watercraft poses a risk to public health or safety. The chief cepolice chief
or designee, in' �, 4heir discretion, shall decide whether the vessel shall be impounded in place through use of
a locking device or removed to an appropriate holding area.
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Chapter 9.55
URINATING IN PUBLIC
9.55.010 Urinating in public.
A person is guilty of urinating in public if he -they intentionally ufinates—urinate or defecates defecate in a public
place, other than a washroom or toilet room, under circumstances where such act could be observed by any member
of the public. "Public place," as used in this section, is defined in POMC 9.20.010(6).
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Chapter 9.60
PARK AND PUBLIC PROPERTY RULES
9.60.060 Animals.
(1) No animals shall be allowed in any city park other than dogs or cats. It is unlawful for any person to allow or
permit any dog or cat to run at large at any park, or to permit any dog or cat with or without a leash, except service
animals or dogs used by public law enforcement agencies and under control of a law enforcement officer, to enter
any public beach, swimming or wading area, pond, fountain, stream or organized athletic areas thereon, except in
areas specifically designated by the director for the exercising of dogs and cats. It is also unlawful for any person to
permit any dog or cat to enter any area which the director or designee has posted as a place prohibited to animals. It
is further unlawful for any person to permit any dog or cat, whether on or off leash, to disturb or harass any park
users or other pets. Any person with a dog or cat in hismtheir possession in any park shall be responsible for both the
conduct of the animal and shall also be responsible to remove from the park any feces deposited by such animal.
9.60.130 Camping prohibited.
(2) A person is guilty of unlawful camping if sthey use park property or nonresidential public property,
as defined in this chapter, as a temporary or permanent place of dwelling, lodging, residence, or living
accommodation.
9.60.135 Trespassing.
It is unlawful for any person except an authorized city employee in the performance of l�their duties, or other
person duly authorized pursuant to law, to enter or go upon any area which has been designated and posted by the
director or designee as a "No Admittance" or "No Trespassing" area, or to enter a park during any time during
which the park is posted as being closed to the public.
9.60.150 Noncompliance and ejection from park.
(2) The director or designee or authorized agent may order the expulsion of any person from any or all parks for a
period of one to seven days if he or she absepve they observe such person:
(4) Any order of expulsion under this section shall be in writing and shall be personally served or sent by certified
mail to the person expelled at h��their last known address.
(5) Any person who enters a park during a period during which he or she hasthey have been expelled under this
section is guilty of a misdemeanor.
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Chapter 10.12
PARKING, STANDING AND STOPPING*
10.12.010 Definitions.
(16) "Police or police officer" includes the police officers of a city, a town marshal, or the sheriff and his4ior1heir
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)
10.12.120 Special passes.
(4) The mayor or designee may issue special passes to other motorists when he/she determinesthey determine 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.
***
10.12.240 Right-of-way for parking.
(1) The driver of any vehicle who first begins driving or maneuvering his4w4their 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 them thereof by blocking his4ier1heir 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)
***
10.12.500 Parking time limited on certain city parking lots.
(1) The city parking lots are identified as follows:
(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 hislhertheir designate may authorize
deviations to this policy for Lot 5, if necessary. No monetary charge.
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Chapter 10.13
PARKING OF COMMERCIAL VEHICLES
10.13.040 Nonconforming uses.
(2) The nonconforming use may continue for a period of 120 days from the date of adoption of the ordinance
codified in this chapter. At the expiration of the 120-day period, the owner shall at his4hw-rtheir expense either
remove the vehicles or otherwise bring them into compliance with the requirements and standards of this chapter.
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Chapter 10.14
RESIDENTIAL PARKING PERMIT SYSTEM
10.14.080 Violation — Penalty.
(1) Violation of this chapter shall constitute a class 2 civil infraction and be enforced under Chapter 7.80 RCW when
one or more of the following has occurred:
(a) It is unlawful and a violation of this chapter for a person to falsely represent hinveIf-themself as eligible for
a parking permit or to furnish false information in an application therefor to the office of the city clerk or
finance department.
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Chapter 10.30
BICYCLE SAFETY AND HELMETS
10.30.050 Bicycle, roller skates, scooter or skateboard rental, lease, or loan — Bicycle helmet required.
(3) It is a defense to this section for a person wearing an unapproved helmet that the helmet was furnished in
conjunction with his-�their lease of a bicycle, skateboard, roller skates, or scooter by a person engaged in the
business of renting bicycles, skateboards, roller skates, or scooters, and that the helmet was fastened securely while
bicycling, skateboarding, roller-skating, or riding a scooter.
sT.T.a
10.30.080 Enforcement/implementation.
(3) In order to educate the public concerning the provisions of this chapter, after the effective date of the ordinance
codified in this chapter, a violator may be issued a regular notice of civil infraction. However, if this is the first time
a person has been issued a notice of civil infraction for a violation of POW 10.30.030 and he or she appe rsth�
appear in person before the court and establishes establish that they have obtained a bicycle helmet in
order to comply with said section, the court may dismiss the notice of civil infraction without costs.
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Chapter 10.60
FIRE LANES
10.60.060 Enforcement.
It shall be the joint duty of the police chief and the fire authority and/or their authorized designee(s) to enforce this
chapter as related POMC 10.60.030. It shall be the duty of the fire authority or his -their authorized designee(s) to
enforce the other sections of this chapter.
10.60.080 Vehicle impound.
In accordance with Chapter 10.72 POMC, the police department shall have the discretion to have any vehicle or
object which is obstructing a fire lane towed at the owner's expense. The registered owner of the vehicle shall be
notified by the towing company at his4wrtheir registered address.
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Chapter 10.66
SNOW ROUTE
10.66.040 Violation a misdemeanor.
Any person parking or leaving h-is/hertheir vehicle on the snow route during periods of snow shall be guilty of a
misdemeanor.
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Chapter 10.72
VEHICLE IMPOUNDMENT
10.72.040 Redemption of impounded vehicles.
Vehicles impounded by the city shall be redeemed only under the following circumstances:
(1) Only the registered owner, a person authorized by the registered owner, or one who has purchased the vehicle
from the registered owner, who produces proof of ownership or authorization and signs a receipt therefor, may
redeem an impounded vehicle. A person redeeming a vehicle impounded pursuant to POW 10.72.030 must, prior
to redemption, establish that they have a valid driver's license, isare in compliance with RCW
46.30.020 and has -have paid a $100.00 administrative fee to the Port Orchard municipal court. A vehicle impounded
pursuant to POMC 10.72.030(4) through (9) can be released only pursuant to a written order from the court.
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Chapter 10.86
COMMUTE TRIP REDUCTION
10.86.020 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
(1) "Affected employee" means a full-time employee who begins his or he their regular work day at a single
worksite covered by the commute trip reduction plan between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more
weekdays per week for at least 12 continuous months, who is not an independent contractor. The following
classifications of employees are excluded from the definition of affected employees:
(a) Seasonal agricultural employees, including seasonal employees of processors of agricultural products; and
(b) Employees of construction worksites when the expected duration of the construction is less than two years.
(39) "Peak period trip" means any commute trip that delivers the employee to begin e heir regular workday
between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
rxxa
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Chapter 10.88
BOATING PROVISIONS
10.88.020 Nonappearance after written promise.
Any person violating his-e�their written or signed promise to respond to a notice of an infraction or notice of
violation under this chapter is guilty of a misdemeanor regardless of the disposition of the charge upon which he or
she wasthey were originally arrested or the disposition of the notice of infraction or notice of violation.
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Chapter 12.04
EXCAVATIONS
12.04.100 Failure to restore site.
In excavating any public street, avenue or alley the surface material and earth removed must be kept separate and
deposited in a manner that will occasion the least inconvenience to or interference with the public, with adequate
provision for proper surface drainage and safe passage for the travelling public. Such surface or pavement, after
refilling, shall be placed in as good condition and wear as it existed immediately prior to the excavations. If the
permittee shall fail to complete such work and restore such street, alley, pavement or improvement before the
expiration of the time fixed by the permit, the superintendent of public works shall, if he deem it
advisable, cause such work to be done by the city or any other in order to return such street, alley, pavement,
improvement or place to its origin and proper condition as it existed immediately prior to such excavation; in such
case the permittee shall be liable unto the city for any and all work performed and the city shall have the right to
proceed against the performance bond filed by said permittee as herein provided. The city shall have a right of
action against such permittee for all fees, expenses and costs paid out and incurred in connection with such work,
not otherwise covered by the bond.
12.04.130 Bond.
The superintendent of public works shall have the right to elect, and to specify such election, on the permit to be
issued that the refilling of all trenches made in a public street, alley or highway, and the repaving or resurfacing
thereof, may be done by the city and any and all costs and expenses in connection therewith to be charged to and
paid by the permittee and/or the sureties of his -their performance bond. The bond shall be an amount not less than
the anticipated cost of the work to be done.
12.04.170 Notice of completion — Delay.
Such permit shall be issued in triplicate and one copy thereof shall be forthwith filed with the ^,,: eeop lice
chief, and one copy with the clerk, who shall also be notified when the street, alley or other improvements shall be
restored to their former condition as required by this chapter. Immediately upon the completion of the acts or work
allowed under such permit, written notice thereof shall also be given to the superintendent of public works by the
permittee.
12.04.180 Bond required.
The applicant for any such permit, prior to the issuance thereof as herein provided, shall execute and deliver unto the
city and file with its clerk a performance bond in such amount as shall be fixed by the superintendent of public
works with sureties to be approved by the clerk, which bond or any additional bond and/or separate liability
insurance coverage shall also provide that the applicant will keep and save the city harmless from any and all claims,
liabilities, judgments, loss, damages, and expenses arising from any acts which said permittee may do under the
permit, or which may be done by any of his -their agents, servants, representatives or employees in excavating or
disturbing any such alley, street, pavement or improvement, or by reason of the violation of any of the provisions of
this chapter; and to otherwise fully warrant the work and acts required hereunder for a period of two years.
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Chapter 12.08
VACATIONS*
12.08.020 Notice of hearing.
(2) Elements of Notice When Petition Initiated by Abutters. The notice shall contain a statement that a petition has
been filed to vacate the street or alley described in the notice, together with a statement of the time and place fixed
by the city council for the hearing on the petition. The notice will state that the council shall hold a public hearing on
the proposed vacation in the manner required by this chapter. In addition, the notice posted on the alley or street
identified in the petition shall indicate that the easement for public travel in such area is proposed to be vacated, and
that anyone objecting to the proposed vacation should attend the public hearing or submit written testimony to the
city council indicating h�s�their objection prior to such hearing.
12.08.040 Limitations on vacation of streets abutting bodies of water — Procedure.
(2) Before adopting a resolution vacating a street or alley under subsection (1)(b) of this section, the city shall:
(c) Hold a public hearing on the proposed vacation in the manner required by this chapter, where in addition to
the normal requirements for publishing notice, notice of the public hearing is posted conspicuously on the street
or alley sought to be vacated, which posted notice indicates that the area is public access, it is proposed to be
vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to
a particular official indicating ;pis-em their objection; and
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Chapter 12.12
SIDEWALK MAINTENANCE
12.12.010 Definitions.
The words and phrases used in this chapter, unless the context otherwise indicates, shall have the following
meanings:
(1) "Abate" means to repair, remove, replace or destroy or otherwise remedy the condition in question by such
means and in such a manner and to such an extent as the enforcement officer in h�-,their judgment determines is
necessary in the interest of the general health, safety and welfare of the community.
12.12.090 Appeal.
Any person who has received a notice to abate a condition as determined by the code enforcement officer under
POMC 12.12.060 may appeal the determination by filing written notice of appeal, within five days after the date of
the notice to abate, with the city council. The notice shall set forth the grounds upon which the appeal is based.
Upon receipt of notice of appeal, the city council shall hold a hearing not more than 10 days after the appeal was
filed. It shall be the duty of the code enforcement officer to present proof relating to the grounds for the issuance of
the notice to abate. If the city council finds that a violation exists based on the criteria of this chapter, it shall order
that such violation be abated pursuant to this chapter and shall set forth reasonable time limits for such abatement
not to exceed 45 days from the date of the hearing. If the commissioner finds that a violation does not exist under
this chapter, l-e-thev shall cancel the notice to abate. Upon the filing of a proper notice of appeal, the time limits
specified in POMC 12.12.060 shall be stayed during the pendency of the appeal.
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Chapter 12.24
STREET USE PERMITS
12.24.060 Processing of applications.
2) The director may require additional information or material when he/she deemsthey deem appropriate, including,
but not limited to: a map, photographs, construction plans, or a survey of the site; the director may inspect the
premises, solicit comments from other abutters or the public, post or require posting of notice at the site inviting
comment to the authorized department, or give notice of the submission of a street use permit application according
to requirements for an administrative review in POW Title 20 for notice of application procedure.
(3) If an application for a street use permit requires a permit under any other chapter of the city's code, but the other
permit application has not been filed with the appropriate department, then the street use permit application shall be
sent to the appropriate director/department for review. The director/department with the authority to review the
associated permit applications shall send his4wrtheir findings and comments to the director.
12.24.200 Appeals.
(2) An aggrieved person may appeal the director's decision by filing an appeal statement with the city clerk within
10 calendar days of the date of the decision. The request shall identify the decision for which review or
reconsideration is requested, the objection(s) to the decision, and the specific alternative being proposed. The city
clerk shall schedule the appeal with the city hearing examiner on their regular meeting calendar. The director may,
at his4tertheir discretion, stay implementation of a decision pending the appeal. The hearing examiner shall follow
the procedures in the permit processing procedures in the city's land use regulatory code for the appeal. The hearing
examiner's decision on appeal shall be final.
12.24.210 Definitions.
"Director" shall mean the director of public works or h-is4wrtheir designee.
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Chapter 13.04
WATER AND SEWERS
13.04.040 Sewer capital facility charge — Extension of sewer.
(12) Requirement for Utility Extension Agreement.
(b) The city may disconnect the utilities for failure of the applicant or their successors or assigns, for
violation of this chapter, or for violation of the terms and conditions of the UEA.
13.04.050 Billing.
(1) The water and/or sewer charges shall be billed by the city finance director bimonthly, on the last day of
the bimonthly period, to the property owner. The charges and rates shall be due to the treasufe finance director, who
is authorized and empowered to collect and receipt for such payments, on the first day of the month following the
receipt of services.
(4) If the delinquent water and/or sewer charges remain unpaid over a period of 30 days after the due and payable
date, service will be discontinued by turn-off. Service will not resume thereafter until the delinquent charges and
penalties, together with a turn-off fee, have been paid in full. The turn-off fee shall be set forth in POMC 13.04.025.
(b) In the event of a declared state of emergency, due to a natural disaster, weather or public health emergency,
the city tFeasuf er finance director is authorized to suspend disconnection of water and/or sewer services and to
waive turn-off fees for the duration of the declared emergency. All other fees and charges shall continue to
accrue.
(6) In the event of a declared local state of emergency, due to a natural disaster, weather or public health emergency,
the city finance director is authorized to suspend disconnection.
13.04.056 Waiver authority.
The finance director, or IrisLhertheir designee, at hi s�their discretion, shall have the authority to adjust or waive
utility late fees, penalties, and/or disconnection charges during a local, state or federally declared emergency; or, in
the case of errors or other similar extenuating circumstances, as long as the utility account has not received a waiver
in the previous 12 months.
The finance director, or heir designee, at his/her -their discretion, shall have the authority to make alternative
utility payment arrangements during a local, state or federally declared emergency; or, in the case of errors or other
similar extenuating circumstances, as long as the utility account has not received an alternative utility payment
arrangement in the previous 12 months.
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13.04.090 Discontinuation of sewer charges.
Upon receipt of a written statement by the owner of a lot or parcel of property which has previously been connected
to the public sewer system that there is no longer any building or structure for human occupation or use or for any
business purpose located thereon and that the toilet and other facilities therein have been removed, disconnected and
properly plugged from the public sewer system, and upon inspection by the superintendent or his -their designated
representative to ascertain that the statement is true, the sewer charges shall cease as of the first day of the following
month.
13.04.100 Cross connections.
The city engineer, or his -their designated representative with proper identification, shall have free access at
reasonable hours of the day to all parts of the premises or within the building to which the water is supplied. Water
service may be refused or terminated to any premises for failure to allow necessary inspections.
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Chapter 13.06
STORM DRAINAGE UTILITY
13.06.121 Waiver authority.
The finance director, or heir designee, at 1�their discretion, shall have the authority to adjust or waive
utility late fees, penalties, and/or disconnection charges during a local, state or federally declared emergency; or, in
the case of errors or other similar extenuating circumstances, as long as the utility account has not received a waiver
in the previous 12 months.
The finance director, or hisA+ei-7their designee, at his e their discretion, shall have the authority to make alternative
utility payment arrangements during a local, state or federally declared emergency; or, in the case of errors or other
similar extenuating circumstances, as long as the utility account has not received an alternative utility payment
arrangement in the previous 12 months.
o.:.:a
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Chapter 13.08
LATECOMER AGREEMENTS
13.08.020 Definitions.
The definitions set forth in this section shall apply throughout this chapter:
(5) "Latecomer" means a property owner not a party to a duly executed and recorded latecomer agreement, owning
property in the area benefitted by such agreement, who seeks to connect to the water and/or sewer facilities
constructed under the latecomer agreement within the time frame established in the agreement, and who many only
do so by making payment to the city of hrtheir pro rata share of the cost of construction.
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Chapter 15.28
FIRE HYDRANT INSTALLATION
15.28.020 Definitions and abbreviations.
(2) For the purpose of this chapter, the following words, terms, phrases and their derivations shall have the meaning
given in this section unless the context otherwise indicates. Words used in the present tense include the future;
words in the plural include the singular, and the singular the plural. The word "shall" is always mandatory.
(h) "Water authority" means the city engineer, his -their appointee or any other approved entity distributing
water to fire hydrants within the city of Port Orchard.
15.28.100 Hydrant obstructions.
Hydrants shall not be obstructed by any structure or vegetation that would impair sight visibility of the hydrant
within a distance of 150 feet in any direction of vehicular approach to the hydrant.
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Chapter 15.30
ILLICIT DISCHARGE PREVENTION, DETECTION AND ELIMINATION
15.30.100 Requirement to prevent, control, and reduce stormwater pollutants by the use of source control
best management practices (BMPs).
(4) BMP Descriptions. BMPs are described in the stormwater manuals adopted by the city. The stormwater manuals
describe the types of regulated activities, the types of contaminants generated by each activity, the contaminant's
effect on water quality, the applicable required source control BMPs, and the available treatment BMPs. The
stormwater manuals include information on design, maintenance, and allowable use of additional or alternative
BMPs. Source control BMPs not included in the stormwater manuals may be approved by the director or designee if
the director or designee determines that it provides equivalent effectiveness. The city may require additional source
control BMPs and/or treatment BMPs or facilities if additional BMPs or facilities are deemed necessary by the
director and/or his,af4eftheir designee to eliminate an ongoing release of pollution, in accordance with the
stormwater manuals.
15.30.130 Inspection and investigation.
(3) Obstructing the Director. No person shall obstruct the director in the performance of his Their official duties
in the enforcement of this chapter, including but not limited to:
(a) Intentional use of, or threat to use, force to obstruct a person he or she know theme, or should
reasonably know, is the director and is performing hi?-o their official duties in the enforcement of
stormwater system regulations; or
(b) Acting in a manner that he er she knew theme, or should reasonably know, will interfere with or
obstruct a person known to be, or who should reasonably be known to be, responsible for the enforcement of
stormwater system regulations; or
(c) Refusing to identify himself or her-selfthemself and give his-ef4wrtheir current address to the director for the
enforcement of this chapter pursuant to an investigation of a violation upon request by the director.
15.30.160 Records retention.
If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or
operator of such establishment shall retain an on -site written record of the discharge and the actions taken to prevent
its occurrence. Such records shall be kept and maintained on a permanent basis from the effective date of the
ordinance codified in this chapter. The record shall include books, documents, memoranda, reports, and
correspondence relating to any operation, maintenance, monitoring, sampling, and chemical analysis associated with
the discharge and all records which pertain to matters which are the subject of any enforcement or litigation
activities brought by the director pursuant to this chapter. Copies of any or all records shall be provided to the
director upon h�-,their request.
rxxa
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Title 20
UNIFIED DEVELOPMENT CODE
Chapter 20.02
ADMINISTRATION AND ENFORCEMENT
20.02.060 Violations — Enforcement — Penalties.
(2) Enforcement.
(a) It shall be the duty of the director, or his4ieheir duly authorized designee, to enforce this title. The director
may call upon the code enforcement officer, building official, police, fire, health, public works or other
appropriate city departments to assist in enforcement.
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Chapter 20.04
COMPREHENSIVE PLAN AMENDMENTS
20.04.060 Agenda process.
ETNA
(5) The director shall provide the recommended final comprehensive plan amendment process agenda of project -
specific amendments and city-wide comprehensive plan amendments, along with a brief description of each
suggested plan amendment, to the city council for review and consideration. The city council, after considering the
community development director's recommended final comprehensive plan amendment agenda, shall adopt the final
comprehensive plan amendment agenda for the current year plan amendment cycle no later than April 30th of each
year.
o.:.:a
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Chapter 20.12
DEFINITIONS
20.12.010 Definitions.
"Aggrieved person" means:
(2) Another person aggrieved or adversely affected by the land use decision, or who would be aggrieved or
adversely affected by a reversal or modification of the land use decision. A person is aggrieved or adversely affected
within the meaning of this section only when all of the following conditions are present:
(d) The petitioner has exhausted his-�their administrative remedies to the extent required by law.
"Common ownership" means ownership by the same person, corporation, firm, entity, partnership or unincorporated
association, or ownership by different corporations, firms, partnerships, entities or unincorporated associations, in
which a stockbroker, partner or associate, or a member of his -their family owns an interest in each corporation, firm,
partnership, entity or unincorporated association.
"Dedication" means the deliberate appropriation of land or rights in land by its owner for any general and public
use, reserving to himself or her-seffihemself no other rights than such as are compatible with the full exercise and
enjoyment of the public use to which the property has been devoted. The intention to dedicate shall be evidenced by
deed, or other instrument of conveyance, or by dedication on a duly filed and recorded plat (or short plat).
Dedications by short plat may require city council acceptance.
"Director" or "development director" means the community development director of the city of Port Orchard or hi s-
er-4 etheir duly authorized designee, or as otherwise indicated in this title.
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Chapter 20.22
PERMITTING AND DEVELOPMENT APPROVAL — PERMIT PROCESS TYPES
20.22.050 Type III (hearing examiner decision, judicial appeal).
(4) Review of Application.
(c) If a director recommendation is not available to the hearing examiner as provided in this section, the hearing
examiner may reschedule or continue the hearing upon his Their own motion or upon the motion of a
party, or the hearing examiner may decide the matter without the recommendation.
(5) Public Hearing. A Type III action requires an open record hearing before the hearing examiner.
(e) The public hearing shall be conducted pursuant to the hearing examiner's adopted rules and procedures and
shall be recorded on audio or audiovisual tape. The hearing examiner may remand an application to staff at h�s-
er- e their discretion to allow staff to administratively address an issue or irregularity with the application or
the processing thereof.
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Chapter 20.24
PERMITTING AND DEVELOPMENT APPROVAL — APPLICATION PROCEDURES
20.24.020 Master permit required.
(2) The director shall establish and may revise at leheir discretion submittal requirements for the master permit
application. At a minimum, the master permit application shall require the following:
20.24.030 Submission requirements.
(1) The director shall establish and may revise at his4ieheir discretion submittal requirements for each type of land
use and development permit application required under this title. The submittal requirements shall be in the form of
a counter -complete checklist. The requirements shall be made available to the public in a form that clearly explains
what material must be submitted for an application to be considered complete, including type, size, detail, and
number of copies for each item.
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Chapter 20.25
PERMITTING AND DEVELOPMENT APPROVAL — PUBLIC NOTICE
20.25.040 Optional public notice of application.
(1) The director, in his-�thcir discretion, may:
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Chapter 20.28
VARIANCES
20.28.160 Administration of quasi-judicial variances.
The plannin community development director is authorized and directed to administer the provisions of this chapter
relating to quasi-judicial variances. The authority to hold an open record hearing and provide a final decision on
variances is granted to the hearing examiner and the city council has the authority to make a decision on appeal after
a closed record hearing.
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Chapter 20.50
CONDITIONAL USE PERMITS
20.50.020 Administration and procedure.
(1) The plug community development director is authorized and directed to administer the provisions of this
chapter relating to conditional use permits.
20.50.040 Site plan.
(3) Adjustments to the site plan may be approved after conditional use permit approval as follows:
(a) Minor Adjustments. Minor adjustments to the site plan may be made and approved by the planning
community development director or designee. Minor adjustments are those which may affect the precise
dimensions or siting of buildings, but which do not affect the basic character or arrangement of buildings
approved, nor the development coverage of the development or the open space requirements. Such dimensional
adjustments shall not vary more than 10 percent from the original site plan. Minor adjustments may include
revisions to landscaping provided that the landscaping plan complies with the landscape code and the permit
conditions of approval.
(b) Major Adjustments. Major adjustments are those adjustments, other than minor adjustments, when
determined by the community development director or designee, that substantially change the basic
design, coverage, open space or other requirements of the conditional use permit, and/or would result in
noncompliance with one or more permit conditions of approval. When the planniff community development
director or designee determines a change constitutes a major adjustment, no building or other permit shall be
issued for the use without prior review and approval of such adjustment pursuant to this section.
The submittal requirements and review and approval process for a major adjustment to the site plan of an
approved conditional use permit shall be substantially the same as that required for the original conditional use
permit. An application for major adjustment meeting the information requirements of POMC 20.50.030 shall be
submitted. At the discretion of the plannin community development director or designee, the applicant may be
able to resubmit or incorporate by reference some portions of the original conditional use permit submittal as
part of the application for a major adjustment; however, the application for major adjustment shall be subject to
the same submittal, fees, processing, and findings of fact requirements of this chapter for conditional use
permits, as applicable.
20.50.050 Criteria for approval.
(3) Denial. The director may recommend conditioning or denial of the conditional use permit application based on
RCW 43.21C.060 (SEPA).' In addition, the hearing examiner may deny the conditional use permit if',
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deter ninesthey determine that the proposed use does not meet the criteria in this section and/or is materially
detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located.
20.50.080 Expiration, extensions and permit implementation.
(1) A conditional use permit shall become null and void three years after the effective date, unless one of the
following has occurred:
(c) An extension has been granted by the plannin community development director. Such extension shall be
for a maximum of one year, and no extension may be granted which would extend the validity of the permit
more than five years beyond the effective date of the permit. No extension will be granted if it necessitates
modification of any condition of approval; or
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Chapter 20.54
NONCONFORMITIES*
***
20.54.030 Establishing a legal nonconforming building type, lot, use or structure for the record.
(1) Permit Required. A landowner may establish that he/she a legal nonconforming building type, use
or structure for the record by obtaining the permit described in POW 20.54.080. This process is optional in
situations other than code enforcement actions (in which the landowner may choose to utilize the process in order to
establish the legality of the nonconforming building type, use or structure).
***
20.54.040 Establishing a legal nonconforming lot for the record.
(1) Permit Required. A landowner may establish that he/she have a legal nonconforming lot for the record
by obtaining the permit described in POW 20.54.080 through 20.54.140. This process is optional in situations
other than code enforcement actions.
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Chapter 20.58
TEMPORARY USES
20.58.120 Temporary uses requiring permits.
The following categories identify temporary uses that are permitted uses subject to securing a permit from the
planning-communi development director:
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Chapter 20.60
HOME BUSINESSES
20.60.030 Business license required.
No person shall operate or maintain a home business without having a license to do so issued by the city
treasufer-
finance director in accordance with the provisions of this chapter and with the provisions of Chapter 5.12 POMC.
The specific provisions of this chapter shall control over any conflicting provisions of Chapter 5.12 POMC.
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Chapter 20.70
WIRELESS COMMUNICATION FACILITIES
20.70.040 Permits required.
(2) Any application submitted pursuant to this chapter shall be reviewed and evaluated by the director for all
projects located on public or private property. The director of public works or his e their designee shall review all
proposed wireless communication facilities that are totally within city right-of-way. If a project is both on private or
public property and city right-of-way, the community development director shall review the application. Regardless
of whether the community development director or the director of public works is reviewing the application, all
applications will be reviewed and evaluated pursuant to the provisions of this chapter.
(8) The selection of the third -party expert may be by mutual agreement between the applicant and the city, or at the
discretion of the city, with a provision for the applicant and beneficially interested parties to comment on the
proposed expert and review his4w4lheir qualifications. The third -party expert review is intended to address
interference and public safety issues and be a site -specific review of engineering and technical aspects of the
proposed wireless communication facilities and/or a review of the applicant's methodology and equipment used, and
is not intended to be a subjective review of the site which was selected by an applicant. Based on the results of the
expert review, the city may require changes to the application. The expert review shall address the following:
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Chapter 20.72
SMALL WIRELESS COMMUNICATION FACILITIES
20.72.060 Small wireless facility application requirements.
The following information shall be provided by all applicants for a small wireless permit:
(6) A professional engineer licensed by the state of Washington shall certify in writing, over his-o�their seal, that
construction plans of the small wireless facilities and structure or pole and foundation are designed to reasonably
withstand wind and seismic loads as required by applicable codes.
(10) Such other information as the director, in his4ortheir reasonable discretion, shall deem appropriate to
effectively evaluate the application based on technical, engineering and aesthetic considerations.
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Chapter 20.80
SUBDIVISIONS — GENERAL PROVISIONS
20.80.050 Exemptions.
Pursuant to RCW 58.17.040, the following activities are not considered short plats or plats and the provisions of this
subtitle shall not apply:
(8) Portions of property deeded to the city for the limited purpose of providing a right-of-way and/or utility facilities,
such as but not limited to the installation of linear utility facilities, such as electric power lines, telephone lines,
water supply lines, sewer service lines, cable lines or other utility facilities of a similar or related nature; or a pump
house, reservoir or well site; provided the remaining property is not reduced in size below the minimum square
footage required by applicable zoning, that no conflict is created with any applicable design standards for the
property, and that written approval from the plannin community development director is received;
20.80.060 Document forms.
(2) Dedication. Roads not dedicated to the public must be clearly marked on the face of the plat. Any dedication,
donation or grant as shown on the face of the plat shall be considered to all intents and purposes as a quitclaim deed
to the said donor or donees, grantee or grantees, f rhi their use for the purpose intended by the grantors or
donors.
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Chapter 20.82
ADMINISTRATION AND ENFORCEMENT
20.82.040 Violations, enforcement, and penalties.
(6) No building permit, septic tank permit, or other development permit shall be issued for any lot, tract, or parcel of
land divided in violation of this subtitle unless the authority authorized to issue such permit finds that the public
interest will not be adversely affected thereby. The prohibition contained in this section shall not apply to an
innocent purchaser for value without actual notice. All purchasers' or transferees' property shall comply with
provisions of this subtitle and each purchaser or transferee may recover his-�their damages from any person,
firm, corporation, or agent selling or transferring land in violation of this subtitle, including any amount reasonably
spent as a result of inability to obtain any development permit and spent to conform to the requirements of this
subtitle as well as cost of investigation, suit, and reasonable attorneys' fees occasioned thereby. Such purchaser or
transferee may, as an alternative to conforming their property to these requirements, rescind the sale, or transfer and
recover costs of investigation, suit, and reasonable attorneys' fees occasioned thereby.
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Chapter 20.124
DEVELOPMENT STANDARDS — PARKING AND CIRCULATION
20.124.080 Transit and rideshare provisions.
To support the use of ridesharing as an alternative mode of transportation that will aid the city in its efforts to reduce
air pollution, traffic congestion, and fossil fuel consumption, the following shall apply:
(2) When one or more scheduled transit routes provide service within 660 feet of the employment site and there is
designated pedestrian access, the plannin community development director may reduce the number of required off-
street parking spaces.
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Chapter 20.132
SIGN CODE
20.132.070 Sign variances.
(6) First Amendment ExceptionNariance. Where an applicant can demonstrate that the strict application of the
regulations in this chapter would violate hrtheir First Amendment rights, the city may grant a variance that does
not conform to all of the variance criteria in subsection (5) of this section. However, the applicant shall submit an
application which provides hrtheir response to each of the variance criteria in subsection (5) of this section. The
city need not make findings that all of the variance criteria have been satisfied, but the city shall grant such variance
only to the extent reasonably necessary to protect the applicant's First Amendment rights. If a First Amendment
exception is granted, it shall be treated as an approval of a variance for purposes of this chapter.
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Chapter 20.140
LAND DISTURBING ACTIVITY
20.140.050 Administration.
(3) As a condition of any permit issued for activity covered by this chapter, the property owner shall be required to
consent to entry upon the land by the director or his4hw4their designee at all reasonable times to inspect the same or
to perform any duty imposed upon the director by this chapter. If the land is occupied, the director shall first present
proper credentials and request entry. If the land is unoccupied, a reasonable effort shall be made to locate the owner
or other persons at the site who are in apparent charge or control of the land and demand entry. If no person is
located, the director may enter said property and shall, with due diligence, make attempts to notify the owner,
occupant, or other person having charge within a reasonable amount of time of the entry.
20.140.140 Standards — Grading.
(2) The applicant shall, at all times, protect adjacent private properties and public rights -of -way or easements from
damage occurring during grading operations. The applicant shall restore public improvements damaged by his,Lher-
their operations.
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Chapter 20.150
STORMWATER DRAINAGE
20.150.010 Purpose and objectives —Liability.
20.150.020 Definitions.
(14) « P„
"Professional engineer" shall mean a person who, by reason of h�s�their special knowledge of the
mathematical and physical sciences and the principles and methods of engineering analysis and design, acquired by
professional education and practical experience, is qualified to practice engineering as attested by his-�their
legal registration as a professional engineer in the state of Washington.
"Project engineer" shall mean the professional engineer responsible for the design of the project, who will affix
4is4keftheir seal on the project drainage plans and drainage analysis. The project engineer shall be licensed in the
state of Washington and qualified by experience or examination.
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Chapter 20.160
STATE ENVIRONMENTAL POLICY ACT (SEPA)
20.160.190 Public notice.
(5) The city may require an applicant to complete the public notice requirements for the applicant's proposal at
his4or1heir expense.
20.160.240 Appeals.
The city establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-110-
680:
(10) Content of Appeal. Every appeal must be in writing, and must include the following:
(c) A statement describing the appelant's standing, or why the appellant believes that 4they are
aggrieved by the decision appealed from;
(12) Hearing Examiner Appeals.
(d) Appeals of Hearing Examiner's Decision. The hearing examiner's decision on the timeliness of an appeal
within h�their jurisdiction, and any other appeals allowed under this subsection within h�their
jurisdiction shall be the final decision of the city. The hearing examiner's decision shall state that any appeal of
the final decision shall be filed in Kitsap County superior court (pursuant to Chapter 36.70C RCW), or the
shorelines hearings board, if applicable.
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Chapter 20.162
CRITICAL AREAS REGULATIONS
20.162.020 Administration — Generally.
(1) The director, or 4is4kertheir authorized designee, shall administer and interpret the provisions of this chapter,
except as otherwise specifically provided. The director shall determine whether building, development, platting, or
alteration of vegetation, trees, or habitat is subject to this chapter. The director may also consult with other city
departments and state and federal agencies as necessary to obtain additional technical and environmental review
assistance. The director is authorized to adopt such administrative rules and regulations as are necessary and
appropriate to implement the provisions of this chapter.
20.162.094 Qualifications of professionals.
Any special report prepared by a professional as described in this article shall include his-�their resume, or
other list of qualifications, to aid the department in assessing these qualifications.
20.162.096 Wetland report/wetland mitigation plan.
(3) Wetland Mitigation Report.
(f) Waiver. The department may waive portions of this report if, in h��their opinion, there is adequate
information available on the site to determine its impacts and appropriate measures.
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Chapter 20.172
HAZARDOUS MATERIALS FACILITY WARNING SYSTEM
20.172.060 Enforcement.
The fire chief of the fire authority or his -their designee shall enforce this chapter.
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Chapter 20.180
CONCURRENCY
20.180.002 Authority.
The director of public works or his4wrtheir designee shall be responsible for implementing and enforcing this
chapter.
20.180.018 Denial letter.
(3) For Sewer. The city may include the options available to the applicant such as a temporary septic system (if
allowed by law) which the applicant would agree in a development agreement to install and remove at his4ertheir
own cost when sewer capacity became available.
20.180.021 Appeals.
(2) Upon receipt of an appeal of the denial letter, the director shall handle the appeal as follows:
(b) Within 14 days after the meeting, the director shall issue a written decision, which will list all of the
materials he-or-Atethey considered in making the decision. The director's decision shall either affirm, modify or
reverse the denial letter. If the denial letter is reversed, the director shall identify the mitigation that the
applicant proposes to provide at the applicant's cost, which will be imposed on the application approval in
order to achieve concurrency.
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Chapter 20.182
IMPACT FEES
20.182.110 Time of payment of impact fees.
(4) Deferral of Payment of Impact Fees. Payment of impact fees for single-family attached or single-family detached
residential dwelling units may be deferred only until issuance of certificate of occupancy or equivalent certification,
pursuant to RCW 82.02.050(3), subject to the following provisions:
(a) Each applicant, in accordance with his of he their contractor registration number or other unique
identification number, is entitled to annually receive deferrals under this section for the first 20 single-family
residential construction building permits per city. Any single-family residential building construction permits
beyond 20 for the same applicant are subject to payment of impact fees at the time of building permit issuance
as required by subsection (1) of this section.
(h) The city may withhold a certificate of occupancy or equivalent certification until the impact fees are paid in
full. Upon receipt of final payment of all deferred impact fees for a property, and upon payment of all
applicable administration fees in the city's fee resolution, the city must execute a release of deferred impact fee
lien for the property. The property owner at the time of the release, at ;pis-�their expense, is responsible for
recording the lien release.
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Chapter 20.200
CITY CONSTRUCTION CODE
20.200.022 Penalties and other relief.
(4) Other Legal or Equitable Relief. Notwithstanding the existence or use of any other remedy, the director or
his4wr1heir designee may seek legal or equitable relief to enjoin any acts or practices or abate any conditions which
constitute or will constitute a violation of the provisions of this chapter;
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Chapter 20.206
FIRE SAFETY — EXISTING BUILDINGS
20.206.030 Fire and life safety requirements for existing multifamily residential buildings.
(6) Annual Fire Inspection. All Level I, II, and III buildings shall be inspected annually by the chief or their
designee for compliance with the requirements of this section.
(7) Fire Safety Evaluation. In addition to the annual fire inspections, Level III buildings shall be evaluated for fire
safety utilizing the fire safety matrix. Each Level III building shall achieve a minimum of 80 points on the matrix
within 10 years of the date the ordinance codified in this chapter is adopted. A comprehensive review of all Level III
building evaluations will be conducted by the fire safety advisory committee. During that review the chief shall
determine if Level III buildings not meeting the 80 points criteria are a distinct hazard to life or property. If the chief
determines a building to be a distinct hazard, he-of-shethey shall take action pursuant to the dangerous buildings
code in this title to have the building repaired, rehabilitated, demolished or removed.
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Chapter 20.212
DANGEROUS AND UNFIT DWELLINGS, BUILDINGS, AND STRUCTURES
20.212.020 Definitions.
For the purposes of this chapter, certain words shall have the meanings as defined in this section. Words, terms, or
phrases not defined in this section shall be as defined in the building code, other codes of this jurisdiction, or their
commonly accepted meanings. Words used in the singular include the plural. Words in the masculine gender include
the feminine and in the feminine gender include the masculine and all other gender identities.
(5) "Director" shall mean the director of the department of community development or public works and l�their
designee(s).
20.212.040 Criteria for unfit or dangerous buildings or structures.
The director may determine that a building or structure is dangerous or unfit for occupancy or other use if'.
4p4sthey find that conditions exist in such building or structure that are dangerous or injurious to the health, safety,
or welfare of the occupants of such structure, the occupants of neighboring structures, or other residents of the city,
or is otherwise not safe or fit for the use for which it was designed or intended, or for other appropriate and legal
use. Such conditions may include the following, without limitations:
sT.T.a
20.212.050 Inspection and complaint.
If, after a preliminary investigation of any dwelling, building, structure, or premises, the director finds that it is
dangerous or unfit for human habitation, occupancy, or other appropriate and legal use, he-ef-,4ethey shall issue a
complaint stating in what respects such dwelling, building, structure, or premises is dangerous or unfit. Such
complaint shall contain a notice that a hearing will be held before the director, at a place therein fixed, not less than
10 days nor more than 30 days after the serving of the complaint; and that all parties in interest shall be given the
right to file an answer to the complaint, to appear in person, or otherwise, and to give testimony at the time and place
in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings
before the director.
20.212.060 Findings and order.
If the director determines that the dwelling, building, structure, or premises is dangerous or unfit for human
habitation, occupancy, or use, in accordance with this chapter, he%hethey shall state in writing his4ertheir findings
of fact in support of such determination, and shall issue an order that: (1) requires the owner or party in interest,
within the time specified in the order, to repair, alter, or improve such dwelling, building, structure, or premises, or
otherwise remove or correct the violating condition(s), so as to eliminate the threat and/or nuisance to the occupants
and/or community and render it fit for human habitation, occupancy, or other appropriate or legal use, and/or to
vacate and close the dwelling, building, structure, or premises, if such course of action is deemed proper on the basis
of the standards set forth in POMC 20.212.040; or (2) requires the owner or party in interest, within the time
specified in the order, to remove or demolish such dwelling, building, structure, or premises, if this course of action
is deemed proper on the basis of those standards.
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20.212.080 Appeals.
(3) The city shall establish rules of procedure adequate to assure a prompt and thorough review of matters submitted
to the hearing officer, including but not limited to the following:
(a) The hearing officer must resolve all matters submitted to them within 60 days from the date of
filing;
20.212.100 Requests for reconsideration, modification, or extension.
(3) Any owner or responsible party who has appealed to the hearing officer must petition the hearing officer for any
subsequent modification of the time, method, materials, or other provisions of the order issued by the hearing
officer, unless the hearing officer has delegated such authority to the director. If such authority has been delegated,
the director, at his or :;� heir discretion, may consult with or defer any such decision back to the hearing officer.
20.212.110 Emergency measures.
Whenever the director finds that any building, structure, premises, or portion thereof is an imminent hazard to the
public, the building occupants, or surrounding buildings or properties, l}e4l+ethey may, without notice and order,
take immediate action to vacate, stabilize, secure from entry, or otherwise protect the occupants, public, and
surrounding properties or buildings from the hazard. Such action may include closing and vacating sidewalks,
streets, and surrounding properties and buildings. The director shall, within five working days following completion
of such work or action, issue a complaint pursuant to this chapter. Any city funds spent in responding to the
emergency shall be included in costs recoverable under this chapter.
20.212.130 Recovery of expenses.
(3) Upon certification to them by the director of the assessment amount being due and owing, the county
treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and
the same shall become a part of the general taxes for that year to be collected at the same time and with interest at
such rates and in such manner as provided for in RCW 84.56.020 for delinquent taxes, and when collected to be
deposited to the credit of the general fund of the city.
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