Port Orchard Municipal Code

Transcription

1 Title 10 VEHICLES AND TRAFFIC Chapters: Article I. Model Traffic Ordinance Statutes Adopted Speed Limits Parking, Standing and Stopping Parking of Commercial Vehicles Residential Parking Permit System Highway Access Parking of Boats and Recreational Vehicles Repealed Article II. Miscellaneous Provisions Bicycle Safety and Helmets Fire Lanes Weight Limits Snow Route Vehicle Impoundment Parking Violators Traffic Violations Bureau Miscellaneous Driving Provisions Commute Trip Reduction Boating Provisions Junk Vehicles RV Park Permit System 10-1

2 Article I. Model Traffic Ordinance Chapter STATUTES ADOPTED Sections: Adoption by reference Additional provisions adopted Sections not adopted Adoption by reference. The "Washington Model Traffic Ordinance," Chapter WAC is adopted by reference as the traffic ordinance of the city of Port Orchard as if set forth in full in this chapter. (Ord , 1994) Additional provisions adopted. The following sections of Washington Administrative Code (WAC) and the Revised Code of Washington (RCW) are adopted by reference, with any amendments thereto, and are included in the traffic ordinance of this city as if fully set forth in this chapter: RCW , , , and Sections 4, 5, 6, 7, 10, 11, 12, and 23 of Chapter 275, Laws of 1994 known as the 1994 Omnibus Drunk Driving Act. (Ord , 1994) Sections not adopted. The following sections of the Washington Model Traffic Ordinance are not adopted by reference and are expressly deleted: WAC , , , , , , , , , , , , , RCW , , , , , , , , (Ord , 1994). 10-2

3 Sections: Decrease of speed limit Increase in speed limit. Chapter SPEED LIMITS Decrease of speed limit. It is determined that on the basis of an engineering and traffic investigation pursuant to RCW , the speed permitted by state law on streets and intersections may be decreased as described by council resolution. Such decrease will be effective upon posting of appropriate signs. (Ord , 1989; Ord. 1167, 1981; Ord , 1980) Increase in speed limit. It is determined that on the basis of an engineering and traffic investigation pursuant to RCW , the speed permitted by state law on city streets and intersections may be increased as described by council resolution. Such increase will be effective upon posting of appropriate signs. (Ord , 1989; Ord , 1989; Ord , 1987; Ord , 1987; Ord , 1987; Ord , 1986; Ord , 1984; Ord , 1983; Ord , 1983; Ord , 1981; Ord , 1981; Ord , 1980). 10-3

4 Chapter PARKING, STANDING AND STOPPING Sections: Definitions Public employees to obey traffic regulations Police administration Duty of traffic division Owner of record presumed liable for costs when vehicle abandoned Exception Required obedience to traffic ordinance Traffic control devices required Parking prohibited and restricted Obedience to angle-parking signs or markings Police car zones Violation of handicapped parking permit Yellow curbs Parking not to obstruct traffic Special passes Expired registrations Parking for certain purposes unlawful Inoperable automobiles Obliterating tire markings Standing in passenger loading zone Standing in loading zone Standing in a tow-away zone Violating permits for loading or unloading at an angle to the curb Standing or parking on one-way roadways Standing, stopping, and parking of buses and taxicabs regulated Restricted use of bus stops and taxicab stands Right-of-way for parking Stopping, standing and parking Bicycles Parking Disposition of traffic infractions Notice of traffic infractions Response to notice of traffic infractions Contesting determination Hearing Failure to respond or appear Hearings Rules of procedure Counsel Hearings Contesting determination that infraction committed Appeal Hearings Explanation of mitigating circumstances Monetary penalties Order of court Civil nature Waiver, reduction, suspension of penalty Community service in lieu of penalty Issue of process by court of limited jurisdiction Costs and attorney's fees Attempting, aiding, abetting, coercing, committing violations Punishable General penalty Citation on illegally parked vehicle Presumption in reference to illegal parking Penalties Payment due Late fees Disposition of traffic fines and forfeitures Official misconduct Habitual offenders Impoundment of vehicles with unpaid tickets Uniformity of interpretation. 10-4

5 Definitions. (1) "Bicycle" means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels either of which is 16 inches or more in diameter, or three wheels either of which is more than 20 inches in diameter. (RCW ) (2) "Bus" means every motor vehicle designed for carrying more than 10 passengers and used for transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. (WAC ) (3) "Bus stop" means a fixed portion of the highway parallel and adjacent to the curb to be reserved exclusively for buses for layover in operating schedules or while waiting for, loading, or unloading passengers; provided, that such bus provides regularly scheduled service within the jurisdiction of the local authority. (WAC ) (4) "Crosswalk" means the portion of the roadway between the intersection area and a prolongation or connection of the farthest sidewalk line or in the event there are no sidewalks then between the intersection area and a line 10 feet therefrom, except as modified by a marked crosswalk. (RCW ) (5) "Department" means the department of licensing unless otherwise specified in this chapter. (WAC ) (6) "Director" means the director of licensing unless the director of a different department of government is specified. (WAC ) (7) "Holidays" include the first day of January, commonly called New Year's Day; the third Monday in January, commonly called Martin Luther King Jr. day; the third Monday of February, being celebrated as the anniversary of the birth of George Washington; the thirtieth day of May, commonly known as Memorial Day; the fourth day of July, being the anniversary of the Declaration of Independence; the first Monday in September, to be known as Labor Day; the fourth Thursday in November, to be known as Thanksgiving Day; the twenty-fifth day of December, commonly called Christmas Day; and any other day specified by ordinance by the city of Port Orchard to be a holiday. Whenever any holiday falls upon a Sunday, the following Monday shall be a holiday. (WAC ) (8) "Legal owner" means a person having a security interest in a vehicle perfected in accordance with Chapter RCW or the registered owner of a vehicle unencumbered by a security interest or the lessor of a vehicle unencumbered by a security interest. (RCW ) (9) "Loading zone" means a space reserved for the exclusive use of vehicles during the loading or unloading of property or passengers. (WAC ) (10) "Motor vehicle" shall mean every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. (RCW ) (11) "Official time standard" means, whenever certain hours are named, standard time or daylight saving time as may be in current use within the jurisdiction of the local authority. (WAC ) (12) "Park or parking" means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers. (RCW ) (13) "Passenger loading zone" means a place reserved for the exclusive use of vehicles while receiving or discharging passengers. (WAC ) (14) "Planting strips" means that portion of a highway lying between the constructed curb, or edge of the roadway, and the property line exclusive of the sidewalk area. (WAC ) (15) "Police or police officer" includes the police officers of a city, a town marshal, or the sheriff and his/her deputies of a county, whichever is applicable, but when the term sheriff is used in this chapter, it shall only mean the sheriff. (WAC ) (16) "Police chief or chief of police" includes the police chief or chief police officer of a city, a town marshal, or the sheriff of a county, whichever is applicable, but when the term sheriff is used in this chapter, it shall only mean the sheriff. (WAC ) 10-5

6 (17) "Police department" includes the police department of a city or town or the sheriff's office of a county, whichever is applicable, but when the term sheriff is used in this chapter, it shall only mean the sheriff. (WAC ) (18) "Private road or driveway" includes every way or place in private ownership and used for travel of vehicles by the owner or those having express or implied permission from the owner, but not by other persons. (RCW ) (19) "School bus zone" means a designated portion of the highway along the curb reserved for loading and unloading school buses during designated hours. (WAC ) (20) "Service parking" means the use of a parking meter space while rendering service in cleaning, painting, adjusting, or making minor repairs or replacements in or to buildings or building equipment or to public utilities. (WAC ) (21) "Sidewalk" means that property between the curb lines or the lateral lines of a roadway and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a public highway and dedicated to use by pedestrians. (RCW ) (22) "Stand or standing" means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. (RCW ) (23) "Street" means a "city street." (WAC ) (24) "Taxicab" means a motor vehicle for hire used for the transportation of persons or compensation, and not operated exclusively over a fixed route or between fixed termini. (WAC ) (25) Taxicab stand" means a fixed portion of a highway set aside for taxicabs to stand or wait for passengers. (WAC ) (26) "Tow truck operator" means a person, firm, partnership, association, or corporation which, in its course of business, provides towing services for vehicles and automobile hulks. (WAC ) (27) "Traffic division" means the traffic division of the police department of the local authority, or in the event a traffic division is not established, then said term whenever used in this chapter shall be deemed to refer to the police department of the local authority. (WAC ) (28) "Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks. (RCW ) (29) "U-turn" means turning a vehicle so as to proceed in the opposite direction on the same roadway. (WAC ) (Ord , 1996) Public employees to obey traffic regulations. The provisions of this chapter shall apply to the drivers of all vehicles owned or operated by the United States, the state, or any county, city, town, district, or any other political subdivision of the state, subject to such specific exceptions as are set forth in this chapter. (WAC ) (Ord , 1996) Police administration. There is established in the police department of the city of Port Orchard a traffic division employing parking enforcement officers under the control of the chief of police. (Ord , 2004) Duty of traffic division. It shall be the duty of the traffic division, with such aid as may be rendered by other members of the police department, to enforce the parking, standing, and stopping regulations of the city of Port Orchard as set forth in this title. (Ord , 2004). 10-6

7 Owner of record presumed liable for costs when vehicle abandoned Exception. (1) The abandonment of any vehicle or automobile hulk shall constitute a prima facie presumption that the last owner of record is responsible for such abandonment and thus liable for any costs incurred in removing, storing, and disposing of any abandoned vehicle. (2) A registered owner transferring a vehicle shall be relieved from personal liability under this section if within five days of the transfer he/she transmits to the department a seller's report of sale on a form prescribed by the director. (WAC ) (Ord , 1996) Required obedience to traffic ordinance. It is unlawful for any person to do any act forbidden or fail to perform any act required by this chapter. (WAC ) (Ord , 1996) Traffic control devices required. No prohibition, regulation, or limitation relating to stopping, standing, or parking imposed under this chapter or any ordinance of the city of Port Orchard for which traffic control devices are required shall be effective unless official traffic control devices are erected and in place at the time of any alleged offense. (WAC ) (Ord , 1996) Parking prohibited and restricted. (1) The City Council may from time to time establish parking prohibitions and restrictions on City owned or operated parking lots and portions of certain specified streets, including establishments of reserved parking areas and residential permit parking zones which restrict parking of vehicles on certain streets or City parking lots at certain times except by permit. A copy of such parking restrictions adopted by the city council, in the form in which they were adopted and suitably marked to indicate amendments, additions, deletions or exceptions, shall be authenticated and filed in the office of the city clerk. In addition, copies thereof shall be available for use and examination by the public during regular business hours. (2) Failure to comply with a parking restriction or prohibition adopted by the City Council and filed with the City Clerk shall be cited under this section and shall constitute a Class A traffic infraction. (Ord , 2005; Ord , 1996) Obedience to angle-parking signs or markings. (1) Upon those highways which have been signed or marked for angle-parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by such signs or markings. (WAC ) (2) Violation of this section is a Class A parking infraction. (Ord , 1996) Police car zones. (1) When signs are erected by the city engineer giving notice thereof, no person shall stop, stand, or park a vehicle other than a police car or an parking enforcement vehicle in a police car zone when any such zone has been officially designated by the city engineer; except, the driver of a passenger vehicle may temporarily stop there for the purpose of or while actually engaged in loading or unloading passengers when such stopping or standing does not interfere with any police car waiting to enter or about to enter such stop. (2) Violation of this section is a Class A parking infraction. (Ord , 1996) Violation of handicapped parking permit. It is a parking infraction, with a monetary penalty as provided for in RCW (10), as amended, for any persons to park a vehicle in a parking place provided on private property without charge or on public property reserved for physically disabled persons without a special license plate or placard issued pursuant to RCW or If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the special license plate or placard required under this section. (Ord , 1998; Ord , 1996). 10-7

8 Yellow curbs. (1) Yellow painted curbs indicate no parking zones. No person shall park a vehicle adjacent to a painted yellow curb. (2) Violation of this section is a Class A parking infraction. (Ord , 1996) Parking not to obstruct traffic. (1) No person shall park a vehicle upon a highway in such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for free movement or vehicular traffic. (2) No person shall stop, stand, or park a vehicle within an alley in such position as to block the driveway entrance to any abutting property. (WAC ) (3) Violation of this section is a Class A parking infraction. (Ord , 1996) Special passes. (1) Motorists who are serving as jurors or witnesses for municipal court, district court or superior court may be issued a juror's or witness's pass from the court. This pass will be placed inside the car and will allow the car to park in excess of the posted time limitation on the city street. The juror and/or witness pass shall be dated in order to be valid and is limited to jurors and witnesses. (2) The traffic division may issue special passes to other motorists when the chief of police determines that there is a need for issuance. The special pass will be placed inside the car and will allow the car to park in excess of the posted time limitation on the city street. The special pass shall be dated in order to be valid and limited to only those people who are granted approval by the chief of police. Each pass shall be valid for only that amount of time necessary to accomplish the motorist's need. (Ord , 2004) Expired registrations. (1) No motor vehicle or trailer may park on city right-of-way without license plates with current registration tags attached to that license plate. (2) Violation of this section is a Class B parking infraction. (Ord , 1996) Parking for certain purposes unlawful. (1) No person shall park any vehicle upon any highway for the purpose of: (a) Displaying advertising; (b) Displaying such vehicle for sale; (c) Selling merchandise from such vehicle, except when authorized. (2) No person shall park any vehicle upon any roadway for the principle purpose of washing, greasing, or repairing such vehicle except repairs necessitated by an emergency. (WAC ) (3) Violation of this section is a Class A parking infraction. (Ord , 1996) Inoperable automobiles. (1) No motor vehicle that is inoperable for such reasons as an inoperable engine, transmission failure, flat tire, missing windows, shattered windshield glass that impairs the driver's visibility, or other deficiency, shall park on city right-of-way for more than seven consecutive days. (2) Violation of this section is a Class A parking infraction. (Ord , 2002; Ord , 1996) Obliterating tire markings. (1) It is unlawful to conceal, obliterate, or erase markings on vehicle tires where said markings were made by a parking enforcement officer for the purpose of recording the period of time a vehicle is stopped in a parking zone. 10-8

9 (2) Violation of this section is a Class A parking infraction. (Ord , 1996) Standing in passenger loading zone. (1) No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger loading zone during hours when the regulations applicable to the loading zone are effective, and then only for a period not to exceed three minutes. (WAC ) (2) Violation of this section is a Class A parking infraction. (Ord , 1996) Standing in loading zone. (1) No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the expeditious unloading and delivery or pickup and loading of property in any place marked as a loading zone during hours when the provisions applicable to such zone are in effect. In no case shall the stop for loading and unloading of property exceed 30 minutes. (2) The driver of a vehicle may stop temporarily at a loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter such zone to load or unload property. (WAC ) (3) Violation of this section is a Class A parking infraction. (Ord , 1996) Standing in a tow-away zone. (1) No person shall stop, stand, or park a vehicle in a place marked as a tow-away zone during hours when the provisions applicable to such zone are in effect. (WAC ) (2) Violation of this section is a Class A parking infraction. (Ord , 1996) Violating permits for loading or unloading at an angle to the curb. (1) It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any permit issued by the traffic division for the backing of a vehicle to the curb for the purpose of loading or unloading property (WAC ). (2) It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of any parking pass issued by the traffic division. (3) Violation of this section is a Class A parking infraction. (Ord , 2004) Standing or parking on one-way roadways. (1) In the event a highway includes two or more separate roadways, no person shall stand or park a vehicle upon the left-hand side of such one-way roadway unless signs are erected to permit such standing or parking. (WAC ) (2) Violations of this section is a Class A parking infraction. (Ord , 1996) Standing, stopping, and parking of buses and taxicabs regulated. (1) The operator of a bus shall not stand or park such vehicle upon any highway at any place other than a designated bus stop. This provision shall not prevent the operator of a bus from temporarily stopping in accordance with other stopping, standing, or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers and their baggage. (2) The operator of a taxicab shall not stand or park such vehicle upon any highway at any place other than a designated taxicab stand. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping, standing, or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers and their baggage. (WAC ) (3) Violation of this section is a Class A parking infraction. (Ord , 1996) Restricted use of bus stops and taxicab stands. 10-9

10 (1) No person shall stop, stand, or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately signed, except the driver of a passenger vehicle may temporarily stop there for the purpose of, or while actually engaged in, loading or unloading passengers when such stopping does not interfere with any bus or taxicab waiting to enter or about to enter such stop or stand. (WAC ) (2) Violation of this section is a Class A parking infraction. (Ord , 1996) Right-of-way for parking. (1) The driver of any vehicle who first begins driving or maneuvering his/her vehicle into a vacant parking space shall have a prior right-of-way to park in such place, and it shall be unlawful for another driver to attempt to deprive him/her thereof by blocking his/her access or otherwise. For the purpose of establishing right-of-way in this section it shall be considered proper to back into any but a front-in angle parking space. (WAC ) (2) Violation of this section is a Class A parking infraction. (Ord , 1996) Stopping, standing and parking. (1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall: (a) Stop, park, or leave standing any vehicle, whether attended or unattended, upon the roadway. (b) Stop, stand, or park a vehicle: (i) On the roadway side of any vehicle stopped or parked at the edge of a curb of a street; (ii) On a sidewalk, curb, or street planting strip; (iii) Within an intersection; (iv) On a crosswalk; (v) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic; (vi) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; (vii) On any railroad tracks; or (viii) In the area between roadways of a divided highway including crossovers. (c) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: (i) In front of a public or private driveway or within five feet of the end of the curb radius leading thereto; (ii) Within 15 feet of a fire hydrant; (iii) Within 20 feet of a crosswalk; (iv) Within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway; or (v) Within 20 feet of the driveway entrance to any fire station and on the side of the street opposite the entrance to any fire station within 75 feet of said entrance when properly posted. (d) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers: (i) Within 50 feet of the nearest rail of a railroad crossing. (2) It shall be unlawful for any person to reserve or attempt to reserve any portion of a highway for the purpose of stopping, standing, or parking to the exclusion of any other like person, nor shall any person be granted such right. (3) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to 10-10

11 and within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder. (4) Except when otherwise provided by this section, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within 12 inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder. (5) Subsections (1) through (4) do not apply to the driver of any vehicle that is disabled in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the vehicle in such position. The driver shall nonetheless arrange for the prompt removal of the vehicle. (6) Violation of this section is a Class A parking infraction. (Ord , 2003; Ord , 1996) Bicycles Parking. (1) No person shall park a bicycle upon a highway other than: (a) Off the roadway except in designated areas; (b) Upon the sidewalk in a rack to support the bicycle; (c) Against a building; or (d) In such manner as to afford the least obstruction to pedestrian traffic. (WAC ) (2) Violation of this section is a Class A parking infraction. (Ord , 1996) Disposition of traffic infractions. (1) Failure to perform any act required or the performance of any act prohibited by this title is designated as a traffic infraction. (2) A law enforcement officer has the authority to issue a notice of traffic infraction when the infraction is committed in the officer s presence or if an officer investigating at the scene of a motor vehicle accident has reasonable cause to believe that the driver of a motor vehicle involved in the accident has committed a traffic infraction. (3) A court may issue a notice of traffic infraction upon receipt of a written statement of the officer that there is reasonable cause to believe that an infraction was committed. (4) The Port Orchard Municipal Court has the authority to hear and determine traffic infractions pursuant to this chapter. (Ord , 1996) Notice of traffic infractions. (1) A notice of traffic infraction represents a determination that an infraction has been committed. The determination will be final unless contested as provided in this chapter. (2) The form for the notice of traffic infraction shall be prescribed by rule of the supreme court and shall include the following: (a) A statement that the notice represents a determination that a traffic infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter; (b) A statement that a traffic infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction; that the penalty for a traffic infraction may include sanctions against the person s driver s license including suspension, revocation, or denial; that the penalty for a traffic infraction related to standing, stopping, or parking may include nonrenewal of the vehicle license; (c) A statement of the specific traffic infraction for which the notice was issued; (d) A statement of the monetary penalty established for the traffic infraction; (e) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options; 10-11

12 (f) A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed, and that the person may subpoena witnesses including the officer who issued the notice of infraction; (g) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction the person will be deemed to have committed the infraction and may not subpoena witnesses; (h) A statement that failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances will result in the refusal of the department to renew the person s driver s license, or in the case of a standing, stopping, or parking violation the vehicle the vehicle license, until any penalties imposed pursuant to this chapter have been satisfied. (Ord , 1996) Response to notice of traffic infractions - Contesting determination - Hearing - Failure to respond or appear. (1) Any person who receives a notice of traffic infraction shall respond to such notice as provided in this section within 15 days of the date of the notice. (2) If the person determined to have committed the infraction does not contest the determination the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the court's records, and a record of the response and order shall be furnished to the department in accordance with RCW (3) If the person determined to have committed the infraction wishes to contest the determination the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than seven days from the date of the notice, except by agreement. (4) If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing. (5) (a) If any person issued a notice of traffic infraction: (i) Fails to respond to the notice of traffic infraction as provided in subsection (2) of this section; or (ii) Fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section; the court shall enter an appropriate order assessing the monetary penalty prescribed for the traffic infraction and any other penalty authorized by this chapter and shall notify the department, in accordance with RCW , of the failure to respond to the notice of infraction or to appear at a requested hearing. (b) The department may not renew the driver's license, or in the case of a standing, stopping, or parking violation the vehicle license, of any person for whom the court has entered an order pursuant to paragraph (a) of this subsection until any penalties imposed pursuant to this chapter have been satisfied. (Ord , 1996) Hearings - Rules of procedure - Counsel. (1) Procedures for the conduct of all hearings provided for in this chapter may be established by rule of the Supreme Court. (2) Any person subject to proceedings under this chapter may be represented by counsel

13 (3) The attorney representing the state, county, city, or town may appear in any proceedings under this chapter but need not appear, notwithstanding any statute or rule of court to the contrary. (Ord , 1996) Hearings - Contesting determination that infraction committed - Appeal. (1) A hearing held for the purpose of contesting the determination that an infraction has been committed shall be without a jury. (2) The court may consider the notice of traffic infraction and any other written report made under oath submitted by the officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the officer's personal appearance at the hearing. The person named in the notice may subpoena witnesses, including the officer, and has the right to present evidence and examine witnesses present in court. (3) The burden of proof is upon the state to establish the commission of the infraction by a preponderance of the evidence. (4) After consideration of the evidence and argument the court shall determine whether the infraction was committed. Where it has not been established that the infraction was committed an order dismissing the notice shall be entered in the court's records. Where it has been established that the infraction was committed an appropriate order shall be entered in the court's records. A record of the court's determination and order shall be furnished to the department in accordance with RCW as now or hereafter amended. (5) An appeal from the court's determination or order shall be to the superior court. The decision of the superior court is subject only to discretionary review pursuant to Rule 2.3 of the Rules of Appellate Procedure. (Ord , 1996) Hearings - Explanation of mitigating circumstances. (1) A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that an infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances. (2) After the court has heard the explanation of the circumstances surrounding the commission of the infraction an appropriate order shall be entered in the court's records. A record of the court's determination and order shall be furnished to the department in accordance with RCW as now or hereafter amended. (3) There may be no appeal from the court's determination or order. (Ord , 1996) Monetary penalties. (1) A person found to have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed $ for each offense unless authorized by this chapter or title or any other laws of the state of Washington that are adopted by the Port Orchard Municipal Code. (2) Monetary penalties provided for in Chapter RCW which are civil in nature and penalties which may be assessed for violations of Chapter RCW relating to size, weight, and loan of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be imposed pursuant to this chapter. (3) Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable. If the person is unable to pay at that time the court may, in its discretion, grant an extension of the period in which the penalty may be paid. (Ord , 1996) Order of court - Civil nature - Waiver, reduction, suspension of penalty - Community service in lieu of penalty

14 (1) An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature. (2) The court may include in the order the imposition of any penalty authorized by the provisions of this chapter for the commission of an infraction. The court may, in its discretion, waive, reduce, or suspend the monetary penalty prescribed for the infraction. At the person's request the court may order performance of a number of hours of community service in lieu of a monetary penalty, at the rate of the then state minimum wage per hour. (Ord , 1996) Issue of process by court of limited jurisdiction. Notwithstanding any other provisions of law governing service of process in civil cases, the Port Orchard Municipal Court having jurisdiction over an alleged traffic infraction may issue process anywhere within the state. (Ord , 1996) Costs and attorney's fees. Each party to a traffic infraction case is responsible for costs incurred by that party. Costs or attorney fees shall not be awarded to either party in a traffic infraction case. (Ord , 1996) Attempting, aiding, abetting, coercing, committing violations - Punishable. Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act declared by this title to be a crime, whether individually or in connection with one or more other persons or a principal, agent, or accessory, shall be guilty of such offense, and every person who falsely, fraudulently, forcefully, or wilfully induces, causes, coerces, requires, permits or directs others to violate any provisions of this title is likewise guilty of such offense. (Ord , 1996) General penalty. It is a traffic infraction for any person to violate any of the provisions of this title unless violation is by this title or other law of this state declared to be a felony, a gross misdemeanor, or a misdemeanor. (Ord , 1996) Citation on illegally parked vehicle. Whenever any motor vehicle without driver is found parked, standing, or stopped in violation of this chapter, the officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a traffic citation. (WAC ) (Ord , 1996) Presumption in reference to illegal parking. (1) In any prosecution charging a violation of any law or regulation governing the stopping, standing, or parking of a vehicle, proof that the particular vehicle described in the complaint was stopping, standing, or parking in violation of any such law or regulation, together with proof that the defendant named in the complaint was at the time of such violation the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred. (WAC ) (2) The foregoing stated presumption shall apply only when the procedure as prescribed in POMC has been followed. (Ord , 1996) Penalties. Unless another penalty is expressly provided for in the laws of the state of Washington that are incorporated by reference in the Port Orchard Municipal Code, the following monetary penalty schedule shall be used: (1) Class A Infraction: $

15 (2) Class B Infraction: $30.00 (3) Class C Infraction: $ (Ord , 2005; Ord , 2005) Payment due Late fees. Penalties shall be paid within 15 calendar days of the date of issuance of the infraction. If the penalty is not paid within the 15 days and the infraction has not been contested, a late fee of an additional $25.00 shall be charged for each notice of infraction. (Ord , 1996) Disposition of traffic fines and forfeitures. All fines or forfeitures collected upon a determination that a traffic infraction was committed or upon the forfeiture of bail of any person cited with violation of any of the provisions of this chapter shall be paid into the general fund of the city. (Ord , 1996) Official misconduct. Failure, refusal or neglect on the part of any judicial or other officer or employee receiving or having custody of any such fine or forfeiture of bail, either before or after a deposit in the general fund, to comply with the provisions of POMC , shall constitute misconduct in office and shall be grounds for removal therefrom, provided appropriate removal action is taken pursuant to state law relating to removal of public officials. (Ord , 1996) Habitual offenders. A person shall be guilty of being an habitual offender when their vehicle received three or more parking tickets within a calendar month. Every month, the city shall review the record of infractions issued in the previous month. Registered owners of vehicles which have received three or more infractions within the previous calendar month shall be sent a certified letter advising them of the fines as an habitual offender. This letter shall list the specific dates and infractions that apply to this offense and shall notify the registered owner. Violation of this section is a Class C parking infraction. (Ord , 1996) Impoundment of vehicles with unpaid tickets. When a vehicle is parked in a public right-of-way or on other publicly owned or controlled property in violation of any law, ordinance, or regulation and there are four or more parking infractions issued against the vehicle for each of which (1) a person has failed to respond, failed to appear at a requested hearing, or failed to pay an adjudicated parking infraction, and (2) at least 45 days have elapsed from the filing of the notice of infraction, then the vehicle may be impounded pursuant to Chapter POMC without prior notice. The registered owner of the vehicle shall be responsible for payment of all towing and storage fees. The vehicle shall not be released to any person until all towing and storage fees and all penalties, fines or forfeitures owed by the registered owner have been satisfied. Any person seeking to redeem a vehicle impounded under this section shall have a right to a municipal court hearing pursuant to POMC (4). (Ord ) Uniformity of interpretation. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those local authorities which enact it. (WAC ) (Ord , 1996)

16 Chapter PARKING OF COMMERCIAL VEHICLES Sections: Definitions Parking of commercial vehicles prohibited Exemptions Nonconforming uses Chain parking Violation Penalty Definitions. For the purpose of this chapter, the following definitions shall apply unless the context for meaning clearly indicates otherwise: (1) "Bus" means every motor vehicle designed for carrying more than 15 passengers and used for transportation of persons, except a private carrier bus. (2) "Commercial vehicle" means any vehicle the principal use of which is the transportation of commodities, wood chips, refuse, merchandise, produce, freight, animals, or passengers for hire, or commercial equipment such as bulldozers, cranes and similar construction equipment. (3) "Motor truck" means any motor vehicle designed or used for the transportation of commodities, merchandise, produce, freight, or animals, but does not include a pickup or light truck 10,000 pounds gross weight or less primarily used for transportation purposes. (4) "Private carrier bus" means every motor vehicle designed for the purpose of carrying passengers used regularly to transport persons in furtherance of any organized agricultural, religious or charitable purpose. (5) "Semitrailer" includes every vehicle without motive power designed to be drawn by a vehicle, motor vehicle, or truck tractor and so constructed that an appreciable part of its weight and that of its load rests upon and is carried by such other vehicle, motor vehicle, or truck tractor. (6) "Trailer" includes every vehicle without motive power designed for being drawn by or used in conjunction with a motor vehicle constructed so that no appreciable part of its weight rests upon or is carried by such motor vehicle, but does not include a municipal transit vehicle or recreational vehicle. (7) "Tractor" means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (8) "Truck tractor" means every motor vehicle designed and used primarily for drawing other vehicles but so constructed as to permit carrying a load in addition to part of the weight of the vehicle and load so drawn. (Ord , 2002) Parking of commercial vehicles prohibited. It shall be unlawful for any person to park, store, or keep any commercial vehicle over 10,000 pounds gross vehicle weight, bus, motor truck, semitrailer, trailer, tractor, or truck tractor on any private property in a residential or mixed-use zone, or on any public street, avenue, alley, or other thoroughfare, or any right-of-way in any residential or mixed-use zone in the city of Port Orchard for a period in excess of 72 hours. (Ord , 2002) Exemptions. The restrictions of POMC and shall not apply to: (1) The temporary parking of such vehicles or equipment on private property, or on a public street, avenue, alley, or other public thoroughfare adjacent to said property in a residential or mixed-use zone, whereon construction is underway, for which a current and valid building permit has been issued by the city of Port Orchard and said permit is properly displayed 10-16

17 on the premises; or whereon construction not requiring a building permit (e.g., landscaping) is underway and for which the city has not issued a temporary parking permit. (2) Vehicles, whether or not operative, which are stored or kept entirely within a garage or accessory building which meets all applicable laws and codes of the city of Port Orchard. (3) Recreational or utility vehicles defined as travel trailers, folding tent trailers, motor homes, truck campers, horse trailers, boat trailers, lawn mowers and utility trailers. (Ord , 2002) Nonconforming uses. (1) Vehicles parked, stored or kept on residential or mixed-use zoned property on the date of adoption of the ordinance codified in this chapter, which do not conform to the specific provisions of this chapter, shall be deemed to be legal nonconforming uses which are exempt from the provisions of this chapter only on the following conditions: (a) The vehicle was lawfully on the property in full compliance with all codes, which were then applicable; and (b) The vehicle does not endanger the public health, safety, or welfare. (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 his/her expense either remove the vehicles or otherwise bring them into compliance with the requirements and standards of this chapter. (Ord , 2002) Chain parking. It shall be unlawful for any person to move and repark a parked bus, motor truck, semitrailer, trailer, tractor, or truck tractor, or any commercial vehicle over 10,000 pounds gross vehicle weight within two blocks of the original parking space in order to avoid a parking time limit regulation. For purposes of this section, a block shall be defined as a city street or alley section located between consecutive intersections. (Ord , 2002) Violation Penalty. Violation of any of the provisions of this chapter constitutes a civil infraction not to exceed $ per day per violation. (Ord , 2002)

18 Chapter RESIDENTIAL PARKING PERMIT SYSTEM Sections: Purpose Definitions Residential parking permits Other parking permits Community event parking permit Permit parking privileges Permit Revocation Violation Penalty Purpose. The purpose of this chapter is to establish a residential parking permit system to facilitate residents parking on public streets near their homes and to further authorize the city clerk or his designee to issue parking permits as specified in this chapter. (Ord , 1988) Definitions. (1) Community event permit means a one-day permit validated and issued by the city for participants of a public community event held in a residential neighborhood, such as a civic, church or school meeting or conference. (2) Commuter vehicle means a licensed vehicle parked in a residential area which is not owned or leased by a resident of that residential area. Vehicles that weigh 10,000 pounds or more are not considered commuter vehicles for the purpose of this chapter. (3) Guest permit means a 14-day permit validated and issued by the city for the vehicle of a person visiting a resident who is eligible for a residential parking permit. (4) Residential area means an area contiguous to public right-of-way which is zoned residential R-4.5, R-8, R-12, or R-20. (5) Residential parking permit means the parking permit validated and issued by the city allowing a resident to park within one block of their residence with privileges as specified in this chapter. (6) Residential vehicle means a licensed vehicle parked in a residential area which is owned or leased by a resident of that residential area. The term shall not include commercial vehicles, boats, trailers, or recreational vehicles. (Ord , 2004; Ord , 1988) Residential parking permits. (1) The city clerk or designee shall develop written procedures to issue and enforce residential parking permits, in accordance with the following guidelines: (a) Eligible recipients for a residential parking permit shall be persons residing in residential parking permit areas designated by council action in the form of a resolution. (b) There shall be no fee for the permit. The permit shall be valid as long as the same owner retains ownership of that residential vehicle for which the permit was issued and that owner resides in the residential area. Permits are renewable in five-year intervals. (c) The residential parking program is limited to residential vehicles. (2) The city clerk or designee shall determine eligibility for a residential parking permit. Eligibility is established by a person or persons complying with the following: (a) That person owns or leases the residential vehicle; (b) That person resides in a residential area which is identified by the council as being affected by commuter vehicles and designated as a residential parking permit area; (c) The vehicle is operable. (Ord , 2004; Ord , 1988) Other parking permits. The city clerk or designee is authorized to issue the following permits: 10-18

19 (1) Guest parking permits shall be available for vehicles of guests of persons residing in a residential permit parking area. The vehicle must be owned or leased by the guest and licensed and operable. Guest parking permits shall not be issued for commercial vehicles, boats or trailers. This permit shall be valid for a 14-day period. There shall be no fee for a guest parking permit. (2) Temporary parking permits shall be available for cars, pick up trucks, or similar vehicles. Boats, boat trailers, and recreational vehicles that are being loaded or unloaded may be issued a temporary parking pass. A temporary parking pass is restricted to a specific site; is valid only for a 24-hour period; and will allow the vehicle to park in excess of the time limits posted on the street. No vehicle can be issued more than two temporary parking passes in a seven-consecutive-day period, and not more than four in a 30-day period. (Ord , 2004; Ord , 1988) Community event parking permit. Community event permits shall be available for participants of a public community event, such as school, civic or church meeting or conference which is to be held in a residential neighborhood. There shall be no fee for a community event permit. The community event permit is to be issued for a specific day and specific event. The organizers of a specific community event may apply for community event permits on behalf of their participants. (Ord , 1988) Permit parking privileges. (1) A vehicle on which is displayed a valid parking permit as provided for herein shall be permitted to be parked in the residential permit parking area for which the permit has been issued without being limited by the posted time limit. Said vehicle shall not be exempt from parking restrictions or prohibitions established pursuant to authority other than this chapter. All other motor vehicles parked within a residential permit parking area shall be subject to the posted time restrictions. (2) A parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated residential permit parking area. (Ord , 1988) Permit Revocation. (1) The city clerk is authorized to revoke any parking permit issued hereunder when the city clerk determines that one or more of the following circumstances has occurred: (a) There was false or incorrect information provided in the permit application. (b) Eligibility criteria, such as vehicle license, operability, ownership, or residence is no longer met. (c) The permit is being used for long-term storage of a permitted vehicle. Long-term storage is defined as failure of the vehicle to move more than 1,000 feet within a 60- day period. (d) The permitted vehicle is inoperable or appears to be inoperable such as having a flat tire for more than 48 hours, broken window glass, or missing parts from the car. (2) To revoke the permit, the city clerk shall send by first class mail a notice to the permit holder stating that the permit has been revoked and the reason or reasons why the permit is revoked, along with the appeal process as outlined in subsection (3) of this section. The effective date of the revocation shall be 10 calendar days after the date of mailing. (3) The permit holder or an agent of the permit holder may appeal this action to the city council by submitting a written appeal to the city clerk within five days of the effective date of the revocation. Revocation shall be stayed pending the appeal. (4) Upon revocation of the permit, the person shall immediately remove such permit from the vehicle. Failure to surrender a residential parking permit so revoked shall constitute a misdemeanor and shall be punishable as provided herein. (Ord , 2004; Ord , 1988)

20 Violation Penalty. (1) It is unlawful and a violation of this chapter for a person to falsely represent himself as eligible for a parking permit or to furnish false information in an application therefor to the office of the city clerk. (2) It is unlawful and a violation of this chapter for a person holding a valid parking permit issued pursuant hereto to permit the use or display of such permit on a motor vehicle other than that for which the permit is issued. Such conduct shall constitute an unlawful act and violation of this chapter both by the person holding the valid parking permit and the person who so uses or knowingly displays the permit on a motor vehicle other than that for which it is issued. (3) It is unlawful and a violation of this chapter for a person to copy, produce or otherwise bring into existence a facsimile or counterfeit parking permit. It shall further be unlawful and a violation of this chapter for a person to knowingly use or display a facsimile or counterfeit parking permit in order to evade time limitations on parking applicable in a residential permit parking area. A violation of this chapter shall constitute a misdemeanor. Upon conviction, a person shall be punished by a fine not exceeding $ (Ord , 1988)