040-08 - Ordinance - Amending Chapter 10.18 Parking Restrictions for Boats, Boat Trailers or RV'sORDINANCE NO. 040-08
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REPEALING RESOLUTION 2045 AND AMENDING CHAPTER 10.18 OF
THE PORT ORCHARD MUNICIPAL CODE TO CODIFY EXEMPTIONS TO
PARKING RESTRICTIONS FOR BOATS, BOAT TRAILERS, OR
RECREATIONAL VEHICLES IN THE PUBLIC RIGHT-OF-WAY AND
ADDING A NEW DEFINITION "BOAT TRAILER" TO SECTION
10.18.010
WHEREAS, the City Council desires to regulate the parking of boats and
recreational vehicles in the public right-of-way; and
WHEREAS, on October 13, 2003, the City Council approved Resolution 2045
which established exemptions to the parking restrictions contained within Chapter 10.18
POMC; and
WHEREAS, the City Council wishes to codify the criteria established by
Resolution 2045 for exempting parking of boats, boat trailers, or recreational vehicles on
public right-of-ways into Port Orchard Municipal Code 10.18; now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Resolution 2045 is herby repealed in its entirety.
SECTION 2. Chapter 10.18 of the Port Orchard Municipal Code is hereby
amended to establish criteria for the parking of boats, boat trailers, or recreational vehicles.
SECTION 3. Chapter 10.18 of the.Port Orchard Municipal Code is hereby
amended to read as follows:
Sections:
10.18.010 Definitions.
10.18.020 Parking of boats and recreational vehicles in the public right-of-
way.
10.18.030 Chain parking.
10.18.040 Exemptions
10.18.050 Review of Applications for Exemptions — Conditions
SECTION 4. A new Section 10.18.040 of the Port Orchard Municipal Code is
added to read as follows:
10.18.040 Exemptions.
Ordinance No. 040-08
Page 2 of 3
(1) Requests for exemptions shall be submitted to the City Clerk's office on
an approved application in which the following information shall be provided:
a. A description of the boat, boat trailer, or recreational vehicle
and its license number;
b. The width of the pavement and width of the right-of-way;
C. Neighborhood considerations and a supporting petition signed
by the neighbors;
d. A description showing where the proposed parking is in regards
to mail boxes, driveways, and intersections;
e. A statement describing how long the boat, boat trailer, or
recreational vehicle would be parked on the right-of-way.
SECTION 5. A new Section 10.18.050 of the Port Orchard Municipal Code
is added to read as follows:
10.18.050 Review of Applications for Exemption -- Conditions.
(1) Exemption applications shall be reviewed by the Public Property
Committee of the City Council based on the following factors:
a. The exemption should be for a specific boat, boat trailer, or
recreational vehicle for a specific amount of time;
b. The boat, boat trailer, or recreational vehicle shall not infringe
on traffic movement or safety;
C. Whether the neighborhood supports the proposal to park a
boat, boat trailer, or recreational vehicle in the right-of-way;
d. The parking of the boat, boat trailer, or recreational vehicle shall
not adversely affect access to mail boxes, driveways, or impede motorist sight
distance;
e. The boat, boat trailer, or recreational vehicle shall be
operational and not be refurbished or repaired in the right-of-way.
(2) Based on the criteria set forth above, the Public Property Committee
shall make a recommendation to the City Council for issuance or denial of the exemption to
park a boat, boat trailer, or recreational vehicle in public right-of-way.
(8) If the City Council approves the exemption, it may establish conditions
of approval which include but are not limited to the following:
a. That the exemption may be revoked if the information
contained in the application is no longer valid or the boat, boat trailer, or
recreational vehicle adversely affects access to mail boxes, driveways, or
traffic safety;
b. That the exemption will automatically terminate if the boat, boat
trailer, or recreational vehicle is sold or transferred to another person;
C. That the exemption will automatically terminate by a date
Ordinance No. 040-09
'gage 3 of 3
specified, which in no event shall exceed the period of time requested by the
applicant or three years whichever is shorter; and/or
d. Any other conditions appropriate under the circumstances to
address impacts to the neighborhood or right-of-way.
SECTION_6. Section 10.18,010 Definitions is hereby amended to read as
follows:
(1) "Boat" means any vessel or other craft used, or capable of being used
as a means of transportation on the water. However, it does not include kayaks, canoes,
sailboards, or small rafts, or inner tubes, air mattresses, flotation devices or other devices
customarily used by swimmers.
(2) "Boat Trailer" means a trailer used, or capable of being used as a
means of transportation for a boat.
(3) "Recreational Vehicle" means a vehicular -type unit primarily designed
for recreational camping or travel use that has its own motive power or is mounted on or
towed by another vehicle. The term includes travel trailers, fifth -wheel trailers, folding
camping trailers, truck campers, and motor homes.
SECTION 7. 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.
SECTION 8. Each and every provision of this Ordinance shall be deemed
severable. If any provision of this Ordinance should be deemed to be unconstitutional or
otherwise contrary to law by a court of competent jurisdiction, then it shall not affect the
validity of the remaining sections so long as the intent of the Ordinance can be fulfilled
without the illegal section.
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 28th day of OctoP0r
2008.
5.�
J-9 7 .
Patricia J. K4piitrickkity Clerk
APPROVED.AS TO FORM:
nifer or es, sEstan City Attorney
Co
Sponsor by:
)An Clauson, Councilmember
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 October 28, 2008.
ORDINANCE NO. 040-08
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REPEALING RESOLUTION 2045 AND AMENDING CHAPTER 10.18
OF THE PORT ORCHARD MUNICIPAL CODE TO CODIFY
EXEMPTIONS TO PARKING RESTRICTIONS FOR BOATS, BOAT
TRAILERS, OR RECREATIONAL VEHICLES IN THE PUBLIC RIGHT-
OF-WAY AND ADDING A NEW DEFINITION "BOAT TRAILER" TO
SECTION 10.18,010
Copies of Ordinance No. 040-08 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. 040-08 will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
City Clerk
Publish: Port Orchard Independent
November 1, 2008