001-15 - Ordinance - Amending POMC 10.12.600 Parking Passes to Require Imposition of Sales and Use Tax after 1-28-2015Introduced by:
Police Chief
Requested by:
City Treasurer
Drafted by:
City Clerk
Reviewed by:
City Attorney
Introduced:
January 13, 2015
Adopted:
January 13, 2015
ORDINANCE NO. 001-15
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL
CODE CHAPTER 10.12.600 PARKING PASSES TO REQUIRE THE
IMPOSITION OF SALES AND USE TAX ON THE SALE OF
PARKING PASSES AFTER JANUARY 28, 2015.
WHEREAS, sales and use tax defined in RCW 82.14.020 is required to be collected
upon the amount of parking pass rates established for city parking lots as defined in POMC
10.12.48o; and
WHEREAS, the City was notified by the Department of Revenue that sales tax has not
been collected; and
WHEREAS, City paid the amount due from parking rate fee revenue that is otherwise
considered revenue of the General Fund; and
WHEREAS, the City's adopted budget includes $10,300 to be collected in 2015 and
paid to the Department of Revenue for sales and use tax on parking pass rates; and
WHEREAS, staff has verified that pursuant to RCW 82.14.020, sales and use tax are
required to be collected and will modify the municipal code to reflect the tax; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 10.12 of the Port Orchard Municipal Code is hereby amended as
follows:
10.12.600 Parking passes are established for city parking lots defined
in POMC 10.12.58o and are subject to sales and use tax defined in
RCW 82.14.020(3) and shall be collected upon the amount of parking
pass rates established as follows:
1. HOURLY PUBLIC PARKING PASS: An Hourly Public Parking Pass is
available to the general public and will require the payment as designated
in subsection 1(a) in United States Currency through electronic payment
in an electronic parking pay station or similar instrument provided near
the parking space for each one hour interval.
Ordinance No. 001-15
Page 2 of 3
(a) Hourly Public Parking Pass rates are as follows:
Effective January 1, 2011: $1.00
2. DAILY PUBLIC PARKING PASS: A Daily Public Parking Pass is
available to the general public and will require the payment as designated
in subsection 2(a) in United States Currency through electronic payment
in an electronic parking pay station or similar instrument provided near
the parking space for each twelve hour interval or part thereof.
(a) Daily Public Parking Pass rates are as follows:
Effective January 1, 2011: $5.00
3. MONTHLY PUBLIC PARKING PASS: A Monthly Public Parking Pass
is available to the general public and will require the payment as
designated in subsection 3(a) in United States Currency through
electronic payment in an electronic parking pay station or similar
instrument provided near the parking space. The monthly pass will be
good for 31 consecutive calendar days from the date of purchase. Monthly
parking passes are non-refundable; guarantee designated parking spaces
from the hours of 4 a.m. to 10 a.m. except Saturday, Sunday, and federal
holidays; and will not be prorated.
(a) Monthly Public Parking Pass rates are as follows:
Effective January 1, 2011: $90.00
4. DOWNTOWN MERCHANT PARKING PASS: A Downtown Merchant
Parking Pass is available to documented business owners, and their
documented employees, whose businesses and place of employment is
located in the downtown Port Orchard area between and including the
50o and 130o blocks of Bay Street and the north and west side of Prospect
Street. Downtown Merchant Parking Passes will require the payment as
designated in subsection 4(a) in United States Currency and may be
purchased from the City Treasurer's Office. Downtown Merchant Parking
Passes are non-refundable; guarantee designated parking spaces between
the hours of 4 a.m. and 10 a.m. except Saturday, Sunday and federal
holidays; and will not be pro -rated.
(a) Downtown Merchant Parking Pass rates are as follows:
Effective January 1, 2011: $30.00
5. COMMUTER VANPOOL OR CARPOOL PARKING PASS (3 or more
persons per vehicle -registered with Kitsap Transit) : A Commuter Vanpool
or Carpool Parking Pass is available to registered vanpools and carpools
Ordinance No. 001-15
Page 3 of 3
and will require the payment as designated in subsection 5(a) in United
States Currency. Commuter Vanpool or Carpool Parking Passes may be
purchased from the City Treasurer's Office. Commuter Vanpool or
Carpool Parking Passes are non-refundable; guarantee designated
parking spaces between the hours of 4 a.m and to a.m except Saturday,
Sunday and federal holidays; and will not be pro -rated. Does not apply to
City Employee Lot #8 Carpool designated stalls.
(a) Commuter Vanpool or Carpool Parking Pass rates are as follows:
Effective January 1, 2011: $30.00
6. CONTRACTOR'S PARKING PASS: Effective January 1, 2011
Contractor's Parking Pass be $8.0o per day per parking space per 24 hour
period. The purpose of this pass is to accommodate a temporary need of
parking, as determined by the City Engineer.
SECTION 2. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision
shall not affect the validity of the remaining parts of this ordinance.
SECTION 3. This ordinance shall be in full force and effect five (5) days after posting
and publication as required by law. A summary of this Ordinance may be published in lieu of
the entire ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 13th day of January 2015.
Timothy C. Watthes, Mayor
ATTEST:
Brand Rinearson, CMC, City Clerk
APPRO D AS TO FORM: SPONSO BY:
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Car 1 A. Morris Interim CityAttorney•auson, touncilmember
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NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held January 13, 2015.
ORDINANCE NO.001-15
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD
MUNICIPAL CODE CHAPTER 10.12.600 PARKING PASSES TO REQUIRE THE IMPOSITION OF SALES
AND USE TAX ON THE SALE OF PARKING PASSES AFTER JANUARY 28, 2015.
Copies of Ordinance No. 001-15 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 001-15 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Publish: Port Orchard Independent
January 23, 2015