Chapter 2.62
BREMERTON MUNICIPAL COURT
Sections:
2.62.010 ORGANIZATION OF MUNICIPAL COURT.
2.62.020 MUNICIPAL JUDGE - APPOINTMENT - QUALIFICATIONS AND TERM.
2.62.030 SESSIONS OF THE COURT.
2.62.035 MUNICIPAL JUDGE - SALARY AND BENEFITS.
2.62.040 JUDGES PRO TEMPORE, COURT COMMISSIONERS, MUNICIPAL COURT HEARING EXAMINER.
2.62.045 MUNICIPAL COURT HEARING EXAMINER - PROCEDURE - APPEAL.
2.62.050 JUROR FEES AND MILEAGE REIMBURSEMENT.
2.62.010 ORGANIZATION OF MUNICIPAL COURT.
Bremerton Municipal Court is hereby established pursuant to Chapter 3.50 RCW. (Ord. 4132 §1, 1987)
2.62.020 MUNICIPAL JUDGE - APPOINTMENT - QUALIFICATIONS AND TERM.
The office of Municipal Court Judge shall be an elected position and filled pursuant to RCW 3.50. (Ord. 4473 §1, 1994; Ord. 4344 §1, 1991; Ord. 4132 §1, 1987)
2.62.030 SESSIONS OF THE COURT.
The municipal court shall be open and hold such regular and special sessions as the Municipal Judge shall prescribe, provided that the court shall not be open on nonjudicial days. (Ord. 4132 §1, 1987)
2.62.035 MUNICIPAL JUDGE - SALARY AND BENEFITS.
(a) The judge of the Bremerton Municipal Court shall receive in 2002 an annual salary of ninety-one thousand seven hundred fifty-two dollars ($91,752.00). For each year thereafter, the salary shall be adjusted by City Council action.
(b) The judge of the Bremerton Municipal Court shall receive benefits provided in accordance with the Management and Professional Staff Compensation Program as set forth in BMC 2.50.040 through 2.50.080. (Ord. 4791, Amended, 03/08/2002; Ord. 4474 §1, 1994)
2.62.040 JUDGES PRO TEMPORE, COURT COMMISSIONERS, MUNICIPAL COURT HEARING EXAMINER.
Pursuant to RCW 3.50.090 the presiding Municipal Court Judge may designate one (1) or more persons as judges pro tempore to serve in the absence or disability of the elected or duly appointed judge of the court or in addition to the elected or duly appointed judge when administration of justice and the accomplishment of the work of the court make it necessary. The qualifications of a judge pro tempore shall be the same as for judges as provided under RCW 3.50.040 except that a judge pro tempore need not be a resident of the city or county in which the municipal court is located. A judge pro tempore of Bremerton Municipal Court shall receive a salary for each hour in which the judge pro tem serves at a rate equivalent to eighty percent (80%) of the hourly salary of the Bremerton Municipal Court Judge, or sixty-three dollars and forty-one cents ($63.41) per hour, whichever is higher.
The Municipal Court Judge may appoint one (1) or more court commissioners under RCW 3.50.075. An appointed commissioner of Bremerton Municipal Court shall receive a salary for each hour in which the commissioner serves at a rate equivalent to ninety percent (90%) of the hourly salary of the Bremerton Municipal Court Judge.
To utilize the services of judicial officers of the court for the purpose of hearing contested matters relating to the interest of the City and its citizens and the operation of various departments of the City, the Municipal Court Hearing Examiner is created in the Municipal Court. (Ord. 5295 §1, 2016: Ord. 4798, Amended, 05/10/2002; Ord. 4791, Amended, 03/08/2002; Ord. 4716, Amended, 08/12/2000; Ord. 4526 §2, 1995; Ord. 4474 §2, 1994; Ord. 4142, §1, 1987)
2.62.045 MUNICIPAL COURT HEARING EXAMINER - PROCEDURE - APPEAL.
(a) The Municipal Court Hearing Examiner shall have jurisdiction to receive, hear and rule on complaints referred under the City’s Code of Ethics, Chapter 2.96 BMC. All references to Hearing Examiner in Chapter 2.96 BMC shall mean Municipal Court Hearing Examiner.
(b) The Municipal Court Hearing Examiner shall also have jurisdiction to receive, hear and rule on appeals of administrative decisions specified in the following chapters of the Bremerton Municipal Code:
(1) Animals: Chapter 7.12 BMC, Dangerous Animals, and Chapter 7.16 BMC, Miscellaneous Provisions;
(2) Traffic: Chapter 10.10 BMC, Parking Code, and Chapter 10.20 BMC, Commute Trip Reduction Plan;
(3) Nuisance properties: Chapter 6.12 BMC, Unfit Dwellings, Buildings, Structures, and Premises.
In addition to the chapters identified above, the Municipal Court Hearing Examiner shall have jurisdiction to hear and rule on other matters as may be designated by the Bremerton Municipal Code.
(c) For appeals from a final decision of the Administrative Hearing Examiner issued under Chapter 6.12 BMC, the Municipal Court Hearing Examiner shall have jurisdiction to receive and rule on appeals pursuant to the time period and procedures for appeals set forth in Chapter 6.12 BMC.
(d) For all other appeals, the Municipal Court Hearing Examiner shall have jurisdiction to receive and rule on appeals by aggrieved appellants of administrative decisions after a written complaint has been denied by the Department Director or designee. Appeals to the Municipal Court Hearing Examiner from any final administrative decision covered by the provisions of this chapter shall be made within seven (7) working days, unless a different appeal period is specifically provided for in the Bremerton Municipal Code relating to the appeal, from the date of appellant’s notification of the decision. Date of mailing shall be considered date of notification. Appeals shall include the appellant’s name, address and telephone number, the written decision being appealed and the municipal code section establishing the appeal.
(e) Appeals shall be accompanied by a filing fee, pursuant to Chapter 3.01 BMC, which shall be refunded if the appellant substantially prevails. The Municipal Court Judge shall adopt rules for scheduling and conduct of administrative hearings.
(f) Unless otherwise provided by state law or the Bremerton Municipal Code, enforcement of the administrative decision being appealed to the Municipal Court Hearing Examiner shall be stayed during the pendency of an appeal which has been properly and timely filed, provided there is not imminent threat to the public’s safety and welfare.
(g) The Municipal Court Hearing Examiner’s decision shall be final and conclusive unless the appellant or the City files for a writ of certiorari in Kitsap County Superior Court within thirty (30) days. Procedures of this section including filing fee and appeal of the Municipal Court Hearing Examiner’s decision shall apply unless different procedures are specified in the ordinance establishing the administrative appeal. (Ord. 5346 §2, 2018: Ord. 5216 §2, 2013: Ord. 5154 §6, 2011: Ord. 5147 §6, 2011: Ord. 5103 §5, 2010: Ord. 4798, Amended, 05/10/2002; Ord. 4730, Reaffirmed, 11/30/2000; Ord. 4677, Amended, 12/11/1999, Ord. 4655, Amended, 07/18/1999; Ord. 4547, Amended, 03/28/1996; Ord. 4526, §1, 1995)
2.62.050 JUROR FEES AND MILEAGE REIMBURSEMENT.
Each person called to serve as a juror shall receive the same daily fee as is paid to jurors in district court; provided, that the fee shall be not less than ten dollars ($10.00) nor more than twenty-five dollars ($25.00). In addition, each person called to serve as a juror shall receive a daily mileage allowance in an amount computed in accordance with RCW 43.03.060. (Ord. 4142, §1, 1987)