Chapter 10.12 PARKING, STANDING AND STOPPING*

* Prior legislation: Ords. 1650, 1720, 1861, 1904, 1959, 007-05, 013-05, 018-05, 027-05, 023-09, 010-11, 001-12, 025-13, 001-15, 008-15, 017-15, 006-16, 024-16, 009-17, 001-18, 018-18, 027-18, 035-18, 032-19, 058-19, 001-20, 016-20, 026-20, 011-21, 027-21, 038-21, 057-21, 003-22 and 018-22.

10.12.010 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 46.04.071)

(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 308-330-109)

(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 308-330-112)

(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 46.04.160)

(5) “Department” means the Department of Licensing unless otherwise specified in this chapter. (WAC 308-330-121)

(6) “Director” means the Director of Licensing unless the director of a different department of government is specified. (WAC 308-330-123)

(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 nineteenth day of June, commonly known as Juneteenth; 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 308-330-127)

(8) “Legal owner” means a person having a security interest in a vehicle perfected in accordance with Chapter 46.12 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 46.04.270)

(9) “Loading zone” means a space reserved for the exclusive use of vehicles during the loading or unloading of property or passengers. (WAC 308-330-133)

(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 46.04.320)

(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 308-330-136)

(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 46.04.381)

(13) “Passenger loading zone” means a place reserved for the exclusive use of vehicles while receiving or discharging passengers. (WAC 308-330-151)

(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 308-330-154)

(15) “Parking enforcement officer” means a nonsworn, noncommissioned employee of the department of community development as authorized to issue the noncriminal, civil infractions set out in this title.

(16) “Police or police officer” includes the police officers of a city, a town marshal, or the sheriff and their 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)

(17) “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 308-330-160)

(18) “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 308-330-163)

(19) “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 46.04.420)

(20) “School bus zone” means a designated portion of the highway along the curb reserved for loading and unloading school buses during designated hours. (WAC 308-330-169)

(21) “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 308-330-172)

(22) “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 46.04.540)

(23) “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 46.04.555)

(24) “Street” means a “city street.” (WAC 308-330-175)

(25) “Taxicab” means a motor vehicle for hire used for the transportation of persons for compensation, and not operated exclusively over a fixed route or between fixed termini. (WAC 308-330-178)

(26) “Taxicab stand” means a fixed portion of a highway set aside for taxicabs to stand or wait for passengers. (WAC 308-330-181)

(27) “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 308-330-184)

(28) “Traffic division” means the traffic division of the city of Port Orchard, staffed by noncommissioned members of the community development department authorized to issue civil infractions pursuant to the Port Orchard Municipal Code, provided, commissioned members of the police department retain concurrent jurisdiction to issue civil infractions pursuant to Chapter 46.63 RCW and this title.

(29) “Trailer or semitrailer” includes every vehicle without motive power designed to be drawn by a vehicle, motor vehicle, or truck tractor and so constructed that an applicable part of its weight rests upon or is carried by such motor vehicle, but does not include a municipal transit vehicle or recreational vehicle.

(30) “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 46.04.670)

(31) “U-turn” means turning a vehicle so as to proceed in the opposite direction on the same roadway. (WAC 308-330-190) (Ord. 017-23 § 1 (Exh. A); Ord. 033-22 § 3; Ord. 029-22 § 1 (Exh. A)).

10.12.020 Public employees to obey 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. (Ord. 029-22 § 1 (Exh. A)).

10.12.030 Required obedience to regulations.

It is unlawful for any person to do any act forbidden or fail to perform any act required by this chapter. The city’s parking enforcement officers are authorized to enforce these regulations as non-criminal, civil infractions, provided the city’s law enforcement officers retain concurrent authorization to enforce these regulations as set forth in this title and all applicable federal, state and local laws. (Ord. 029-22 § 1 (Exh. A)).

10.12.040 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 control devices are required shall be effective unless official control devices are erected and in place at the time of any alleged offense. (Ord. 029-22 § 1 (Exh. A)).

10.12.050 Parking prohibited and restricted.

(1) The city council may from time to time establish parking prohibitions and restrictions on city-owned or city-operated parking lots and portions of certain specified streets, including establishment 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. These regulations are codified in POMC 10.12.460 through 10.12.530.

(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 infraction. (Ord. 049-22 § 1; Ord. 029-22 § 1 (Exh. A)).

10.12.060 Chain parking prohibited.

It shall be unlawful for any person to move and repark any vehicle within two blocks of the original parking space in order to avoid the parking time limit regulation on Bay Street (State Route 166) from Orchard Avenue to Harrison Avenue; Sidney Street from Prospect Street to the waterfront; and Frederick Avenue from Prospect Street to the waterfront. For purposes of this section, a “block” shall be defined as a city street or alley section located between consecutive intersections. Violation of this section is a Class C infraction. (Ord. 029-22 § 1 (Exh. A)).

10.12.070 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.

(2) Violation of this section is a Class A infraction. (Ord. 029-22 § 1 (Exh. A)).

10.12.080 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 a 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 infraction. (Ord. 029-22 § 1 (Exh. A)).

10.12.090 Violation of parking in space for individuals with disabilities parking permit.

It is a traffic infraction, with a monetary penalty as provided for in RCW 46.19.050(4), 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 persons with physical disabilities without a special license plate or placard issued pursuant to RCW 46.19.050 or 46.19.070 or Chapter 46.19 RCW. 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. In addition to any penalty or fine imposed under Chapter 46.19 RCW, $200.00 shall be assessed. (Ord. 029-22 § 1 (Exh. A)).

10.12.100 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 infraction. (Ord. 029-22 § 1 (Exh. A)).

10.12.110 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 of 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.

(3) Violation of this section is a Class A infraction. (Ord. 029-22 § 1 (Exh. A)).

10.12.120 Special passes.

Special passes are administered by the city clerk or designee. This pass must be visible to approaching parking enforcement officers. Such passes will allow the car to park in excess of the posted time limitation on the city street and shall be valid only for that amount of time necessary to accomplish the motorist’s need.

(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. The juror and/or witness pass shall be dated in order to be valid and is limited to jurors and witnesses.

(2) Motorists who: (a) are visiting City Hall to conduct city business on behalf of the city, such as city council members, city hearing examiners, city attorneys, and the like; (b) expect such business to last longer than the posted time limitation on the city street; and (c) are parked within 400 feet of City Hall, may be issued a special pass. The pass will only be valid through the date listed on the pass.

(3) Motorists who: (a) are visiting the Kitsap County Administrative Building to conduct county business on behalf of the county, such as board of equalization members, planning commission members, hearing examiners and the like; and (b) expect such business to last longer than the posted time limitation on the city street, may be issued a special pass. The pass will only be valid through the date listed on the pass, and on the city streets listed on the pass.

(4) The mayor or designee may issue special passes to other motorists when they 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. (Ord. 017-23 § 1 (Exh. A); Ord. 029-22 § 1 (Exh. A)).

10.12.130 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 infraction. (Ord. 029-22 § 1 (Exh. A)).

10.12.140 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;

(2) No person shall park any vehicle upon any roadway for the principal purpose of washing, greasing, or repairing such vehicle except repairs necessitated by an emergency.

(3) Violation of this section is a Class A infraction. (Ord. 029-22 § 1 (Exh. A)).

10.12.150 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 infraction. (Ord. 029-22 § 1 (Exh. A)).

10.12.160 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.

(2) Violation of this section is a Class A infraction. (Ord. 029-22 § 1 (Exh. A)).

10.12.170 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.

(2) Violation of this section is a Class A infraction. (Ord. 029-22 § 1 (Exh. A)).

10.12.180 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.

(3) Violation of this section is a Class A infraction. (Ord. 029-22 § 1 (Exh. A)).

10.12.190 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.

(2) Violation of this section is a Class A infraction. (Ord. 029-22 § 1 (Exh. A)).

10.12.200 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 308-330-448)

(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 infraction. (Ord. 029-22 § 1 (Exh. A)).

10.12.210 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 308-330-451)

(2) Violation of this section is a Class A infraction. (Ord. 029-22 § 1 (Exh. A)).

10.12.220 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 308-330-454)

(3) Violation of this section is a Class A infraction. (Ord. 029-22 § 1 (Exh. A)).

10.12.230 Restricted use of bus stops and taxicab stands.

(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 308-330-457)

(2) Violation of this section is a Class A infraction. (Ord. 029-22 § 1 (Exh. A)).

10.12.240 Right-of-way for parking.

(1) The driver of any vehicle who first begins driving or maneuvering their 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 their 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)

(2) Violation of this section is a Class A infraction. (Ord. 017-23 § 1 (Exh. A); Ord. 029-22 § 1 (Exh. A)).

10.12.250 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;

(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; or

(vi) Within 15 feet of a clearly visible mailbox which is located directly adjacent to the curbside or right-of-way.

(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 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) of this section 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 infraction. (Ord. 029-22 § 1 (Exh. A)).

10.12.260 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;

(d) In such manner as to afford the least obstruction to pedestrian traffic. (WAC 308-330-550)

(2) Violation of this section is a Class A infraction. (Ord. 029-22 § 1 (Exh. A)).

10.12.270 Disposition of civil infractions.

(1) Failure to perform any act required or the performance of any act prohibited by this title is designated as a civil infraction.

(2) Parking enforcement officers and law enforcement officers are authorized to issue a notice of civil infraction to enforce this chapter when the civil infraction is committed in the parking enforcement officer’s or law enforcement officer’s presence, or if a law enforcement officer investigating at the scene of a motor vehicle collision has reasonable cause to believe that the driver of a motor vehicle involved in the collision has committed a traffic infraction.

(3) A court may issue a notice of civil infraction upon receipt of a written statement of the employee 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 civil infractions pursuant to this chapter. (Ord. 029-22 § 1 (Exh. A)).

10.12.280 Notice of civil infractions.

(1) A notice of civil 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 civil 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 civil 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 civil infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction; that the penalty for a civil infraction may include sanctions against the person’s driver’s license including suspension, revocation, or denial; that the penalty for a civil infraction related to standing, stopping, or parking may include nonrenewal of the vehicle license;

(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;

(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 employee 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 license, until any penalties imposed pursuant to this chapter have been satisfied. (Ord. 029-22 § 1 (Exh. A)).

10.12.290 Response to notice of civil infractions – Contesting determination – Hearing – Failure to respond or appear.

(1) Any person who receives a notice of civil 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 46.20.270.

(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 infraction:

(i) Fails to respond to the notice of 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 infraction and any other penalty authorized by this chapter and shall notify the department, in accordance with RCW 46.20.270, 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 subsection (5)(a) of this section until any penalties imposed pursuant to this chapter have been satisfied. (Ord. 029-22 § 1 (Exh. A)).

10.12.300 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.

(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. 029-22 § 1 (Exh. A)).

10.12.310 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 parking enforcement officer or law enforcement officer who issued the notice or whose written statement was the basis for the issuance of the notice in lieu of the police department employee’s personal appearance at the hearing. The person named in the notice may subpoena witnesses, including the employee, 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 46.20.270 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. 029-22 § 1 (Exh. A)).

10.12.320 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 46.20.270 as now or hereafter amended.

(3) There may be no appeal from the court’s determination or order. (Ord. 029-22 § 1 (Exh. A)).

10.12.330 Order of court – Civil nature – Waiver, reduction, suspension of penalty – Community service in lieu of penalty.

(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. 029-22 § 1 (Exh. A)).

10.12.340 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. 029-22 § 1 (Exh. A)).

10.12.350 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. 029-22 § 1 (Exh. A)).

10.12.360 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. 029-22 § 1 (Exh. A)).

10.12.370 Infraction on illegally parked vehicle.

Whenever any motor vehicle without a driver is found parked, standing, or stopped in violation of this chapter, the parking enforcement officer or law enforcement 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 civil infraction. (Ord. 029-22 § 1 (Exh. A)).

10.12.380 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 308-330-740)

(2) The foregoing stated presumption shall apply only when the procedure as prescribed in POMC 10.12.410 has been followed. (Ord. 029-22 § 1 (Exh. A)).

10.12.390 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: $20.00.

(2) Class B infraction: $30.00.

(3) Class C infraction: $100.00. (Ord. 029-22 § 1 (Exh. A)).

10.12.400 Payment due – Late fees.

Penalties shall be paid within 30 calendar days of the date of issuance of the infraction. If the penalty is not paid within the 30 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. 002-23 § 1; Ord. 029-22 § 1 (Exh. A)).

10.12.410 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. 029-22 § 1 (Exh. A)).

10.12.420 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 10.12.450, 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. 029-22 § 1 (Exh. A)).

10.12.430 Habitual offenders.

A person shall be guilty of being a 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 a 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 infraction. (Ord. 029-22 § 1 (Exh. A)).

10.12.440 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 traffic 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 traffic infraction, and (2) at least 45 days have elapsed from the filing of the notice of infraction, then the vehicle may be impounded by a law enforcement officer pursuant to Chapter 10.72 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 10.72.040(4). (Ord. 029-22 § 1 (Exh. A)).

10.12.450 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 308-330-910) (Ord. 029-22 § 1 (Exh. A)).

10.12.460 Parking prohibited at all times.

(1) When signs or markings are installed giving notice thereof, no person shall park a vehicle at any time upon any of the streets or parts of streets described as follows:

1. Advantage Avenue:	on the west side of the north 350 feet of roadway and on the left-hand side, as the traffic flows, of the remainder of the street.
2. SW Alava Court:	on the north side of the street.
3. Amherst Way SW:	on both sides of the street.
4. SW Anchorage Ln:	on the south side of the street.
5. Andasio Loop SE:	on the outside curb along the entire loop.
6. Arnold Avenue E:	along the west side of Arnold Avenue E, from the Lawrence Street intersection, to the northeast towards Bay Street, 100 feet.
7. Arnold Avenue E:	along the east side of Arnold Avenue E, from the Bay Street intersection, to the south 66 feet.
8. Bay Street:	at the intersection with Wharf Street (Mitchell Point), along the outside radius of the existing road as delineated by the established guardrail.
9. Bay Street:	on the south side from Tracy Avenue, westerly for a distance of 200 feet.
10. Bay Street:	on the north side, from the DeKalb Street pedestrian pier westerly for 70 feet and in front of 501 Bay Street.
11. Bay Street:	at the southwest corner of the intersection with Arnold Avenue E, from the point of curvature to the point of tangency of the curve radius.
12. Bay Street:	on the south side from Dekalb Street, 130 feet to the east.
13. Becky Avenue:	on both sides of street, from Dallas Street south to dead end.
14. Bethel Avenue:	on the west side from the driveway at 1130 Bethel Avenue, 245 feet north.
15. SW Bigler Way:	on the south side of the street.
16. Bittern Lane:	on both sides of the street from McCormick Village Drive to Wandering Way.
17. SW Blackburn Lane:	on the south side of the street.
18. Bravo Terrace:	on the east side, from the Bravo Terrace intersection south to the end of cul-de-sac.
19. Bristol Lane SE:	on the east side of the street.
20. SW Cardiff Street:	on the south side of the street.
21. Castleton Road SW:	on both sides of the street.
22. Cedar Canyon:	on both sides of the street within 100 feet of the Tremont Street right-of-way.
23. Chanting Circle SW:	on both sides of street, from Old Clifton Road 260 feet. Then on the east side to Chanting Circle. Then along the inside curb of the remaining part of Chanting Circle.
24. Chatterton Avenue SW:	on the west side of street.
25. Chowchilla Way:	on the south side of street.
26. SW Colbert Way:	on left-hand side of street as the traffic flows, from Pickford Place SW to Chatterton Avenue SW.
27. Currant Lane SW:	on the west side of the street.
28. Dallas Street:	on the right-hand side, as the traffic flows.
29. DeKalb Street:	on south side from Cline Avenue easterly to dead end.
30. DeKalb Street:	on the south side, from Sidney Avenue westerly for a distance of 100 feet.
31. DeKalb Street:	on the north side, from Tracy Avenue easterly to the end of DeKalb Street.
32. DeKalb Street:	on the south side, from Mitchell Avenue to the east side of Tracy Avenue.
33. Donna Street:	on the south side of street.
34. Donnegal Circle SW:	on both sides of the street.
35. Egret Street:	on the south side of the street.
36. Explorer Ave:	on the inside radius of the street.
37. Fantail Place:	on the east side of the street.
38. Farragut Avenue:	on both sides, from DeKalb Street to Morton Street; except, on the east side, 160 feet north of DeKalb Street.
39. SW Fielder Place:	on the west side including the cul-de-sac.
40. Fiscal Street:	on the south side of the street.
41. Forest Park Street:	on both sides of the street.
42. Glenmore Loop:	on the inside radius of the entire loop.
43. Glenwood Road SW:	on the north side, from Sidney Road 350 feet west.
44. Great Glen Road SW:	on the south side, from Telford Way SW easterly for a distance of 200 feet. From this point, on the west side of the street to SW Alava Court.
45. Great Glen Road SW:	on the east side, from SW Alava Court to Gleneagle Avenue SW.
46. Grebe Way:	on the north side, from Siskin Circle to Swift Avenue.
47. Guy Wetzel Street:	on both sides from Bay Street to Perry Avenue.
48. Hales Court SW:	on both sides of the street.
49. Hibiscus Circle SW:	on the outside radius of the entire circle.
50. Huntington Street:	on both sides from Olney Avenue to Glenmore Loop and the north side from Glenmore Loop to west end terminus.
51. Jabirin Way:	on the north side of street.
52. Keppel Loop SW:	on both sides of the street.
53. Kinross Road SW:	on the east side of the street.
54. Koda Circle:	along fire lanes where marked/posted.
55. Ladd Court SW:	on both sides of the street.
56. Landis Court SW:	on the northeast side.
57. Lawrence Street:	on both sides of the street.
58. Lazuli Street:	on the south side, from Wigeon Avenue to Siskin Circle.
59. Limerick Drive SW:	on both sides of the street.
60. Lippert Drive:	on both sides, from Pottery Avenue to Advantage Street.
61. Lloyd Parkway:	on both sides from SW Old Clifton Road to Lumsden Road.
62. Lone Bear Drive:	on both sides from Feigley Road to 100 feet west of Chatterton Avenue SW.
63. Longview Avenue:	on east side of street.
64. SE Lovell Street:	on the north side, from SE Russell Avenue to Wendell Avenue SE.
65. Lowren Street:	on the right-hand side, as the traffic flows on the one-way portion of the street.
66. Lumsden Road:	on both sides of the street.
67. SE Markwick Road:	on both sides of the street.
68. Marymere Road SW:	on the south side, between Telford Way SW and Marymere Road SW.
69. Marymere Road SW:	on the west side, from SW Alava Court to Great Glen Road SW.
70. Mitchell Avenue:	on both sides, from Bay Street to Kitsap Street.
71. SW Mooring Lane:	on the south side of the street.
72. Murrelet Avenue:	on both sides, from Old Clifton Road to Siskin Circle.
73. SE Nordmann Loop:	on the outside curb of the entire loop.
74. SW Old Clifton Road:	on both sides from Chanting Circle SW to Campus Parkway.
75. Olivine Drive SW:	on both sides of the street.
76. SW Pendleton Way:	on the south side of the street.
77. Perry Avenue:	on the west side of the street from Lawrence Street to Guy Wetzel Street.
78. Perry Avenue:	on the east side 50 feet north and 50 feet south of Guy Wetzel Street.
79. SW Perth Place:	on the south side of the street.
80. Pickford Place SW:	on the left-hand side as the traffic flows on the street, from SW Colbert Way to end of cul-de-sac.
81. SW Pier Lane:	on the south side of the street.
82. Plisko Avenue:	on both sides, from Mitchell Avenue to Mile Hill Drive.
83. Pottery Avenue:	on both sides of the street, within 100 feet of the Tremont Street right-of-way.
84. Prospect Street:	on the inside radius of the curve between Robert Geiger Street and Frederick Avenue.
85. Reef Road SW:	on the outside radius and on the inside radius of the SW corner for approximately 135 feet and the inside radius of the NW curve at Reef Road SW and Wandering Way for approximately 135 feet.
86. Retsil Road:	on the west side, from the north corporate limits to the south property line of 982 Retsil Road.
87. Robert Geiger Street:	other than official city vehicles, parking is prohibited at all times along the south side, from Bay Street to Prospect Street.
88. Rockwell Avenue:	on both sides, from Bay Street to Kitsap Street.
89. Ross Street:	on the south side of the 400 block.
90. Sage Court:	on both sides of street.
91. Sage Street:	on both sides from Pottery Avenue east for a distance of 70 feet and on the left-hand side, as the traffic flows, on the remainder of the street.
92. Seattle Avenue:	on the east side, from Bay Street southerly for a distance of 82 feet.
93. SW Sedge St:	On the north side of the street including the cul-de-sac.
94. Sherman Avenue:	on the east side of the 1200-1300 block from the dead end 980 feet north.
95. Sidney Avenue:	on the west side from Bay Street to Prospect Street.
96. Siskin Circle:	on the inside curb of Siskin Circle throughout the circle.
97. Snowridge Avenue:	on the left-hand side, as the traffic flows on the street.
98. Sprague Street:	on the right-hand side, as the traffic flows on the one-way portion of the street.
99. Sroufe Street:	on the south side, from Sidney Avenue to Portland Avenue.
100. SW Stanwick Way:	on the right-hand side of street as the traffic flows, from Lone Bear Drive to Pickford Place SW.
101. Strathmore Circle SW:	on outside of circle traveling either direction.
102. SW Sunnyside Street:	on the south side of the street.
103. Sweany Street:	on the north side, from Cline Avenue westerly for a distance of 340 feet.
104. Sweany Street:	on the south side, from Sidney Avenue westerly for a distance of 200 feet.
105. Swift Avenue:	on west side, from Siskin Circle to Lazuli Street.
106. Thornhill Avenue SW:	on the south side of the street.
107. Tremont Place:	on both sides of street from 233 Tremont Place driveway to end of road guardrail.
108. Tremont Street:	on both sides of the street, within 100 feet of Pottery Avenue right-of-way.
109. Vardon Circle SW:	on both sides of the street.
110. Viridian Avenue SW:	on both sides of the street.
111. Vivian Court:	on both sides of the street.
112. Wandering Way:	on both sides from McCormick Village Drive westward 100 feet.
113. Warbler Way:	on both sides of street from Old Clifton Road to Siskin Circle.
114. Warbler Way:	from Siskin Circle to curve (park) on south side and on east side from curve (park) to Grebe Way.
115. Waverly Rd SW:	on the west side of the street.
116. Wilkins Drive:	on both sides, from the west terminus, eastward 350 feet.

(2) Violation of this section is a Class A infraction. (Ord. 010-24 § 1 (Exh. A); Ord. 032-23 § 1; Ord. 019-23 § 1; Ord. 005-23 § 1; Ord. 049-22 § 2; Ord. 029-22 § 1 (Exh. A)).

10.12.470 Parking prohibited during certain hours.

(1) When signs are erected by the city engineer in each block giving notice thereof and for the purpose of street maintenance, no person shall park a vehicle between the hours of 3:00 a.m. and 5:00 a.m. upon any of the streets or parts of streets as described below on the days specified below:

Tuesdays and Thursdays:
1. Bay Street:	from Robert Geiger Street to Harrison Street on both sides.
2. Frederick Avenue:	from Prospect Street north to Sidney Parkway on both sides.
3. Sidney Avenue:	from Prospect Street north to Sidney Parkway on both sides.

(2) Violation of this section is a Class A infraction. (Ord. 029-22 § 1 (Exh. A)).

10.12.480 Standing or parking prohibited during certain hours.

When signs are erected by the city engineer in each block giving notice thereof, no person shall stop, stand or park a vehicle between the hours specified in this section of any day, or upon any of the streets or parts of streets described as follows:

(1) All access ways in public parking lots at any time;

(2) At all times during hazardous snow and ice conditions where posted.

Violation of this section is a Class A infraction. (Ord. 029-22 § 1 (Exh. A)).

10.12.490 Parking time limited on certain streets.

(1) When signs are erected by the city engineer in each block giving notice thereof, no person shall park a vehicle for longer than the time specified in this section, on the days specified in this section, upon any of the streets described as follows except vehicles complying with the residential parking permit program:

1. Ada Street:	on both sides of Ada Street, from Sidney Avenue to Harrison Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
2. Arnold Avenue E:	on the west side of Arnold Avenue E, south of Bay Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
3. Austin Avenue:	on both sides, from Division Street to Dwight Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
4. Bay Street:	on both sides, from Orchard Avenue to Harrison Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. Vehicles with residential parking permits are not exempt from the parking restrictions specified within this subsection.
5. Bay Street:	on the north side from the DeKalb Street pedestrian pier easterly for 110 feet. There will be 15-minute loading and unloading only.
6. Bay Street:	on the south side from Port Orchard Boulevard to DeKalb Street and 130 feet east of DeKalb Street to Kitsap Street there will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday and federal holidays.
7. Bay Street:	on west side of the 1500 and 1600 block. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
8. Bay Street:	on the north side at Ross Point (SR 166). There will be four-hour parking.
9. Bay Street:	on the south side of Bay Street, west of Arnold Avenue E. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day, except Saturday, Sunday, and federal holidays.
10. Cline Avenue:	on both sides, from Kitsap Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
11. Cline Avenue:	from the northeast corner of Kitsap Street and Cline Avenue northerly along the east line of Cline Avenue to Bay Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
12. Cline Avenue:	on both sides, from Taylor Street to Division Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
13. DeKalb Street:	on both sides, from Seattle Avenue to Sidney Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays; except for a space on the south side of DeKalb Street beginning 105 feet east of Harrison Avenue and continuing easterly for 175 feet. The 175 feet as described shall be designated all day parking.
14. DeKalb Street:	on the north side, from Sidney Avenue westerly for a distance of 120 feet. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
15. DeKalb Street:	on the south side, from Tracy Avenue easterly to the end of DeKalb Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
16. DeKalb Street:	on both sides, from Mitchell Avenue westerly for a distance of 340 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
17. DeKalb Street:	on the north side, from Mitchell Avenue to Tracy Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
18. Division Street:	on both sides, from Sidney Avenue to Seattle Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
19. Division Street:	on both sides, from Cline Avenue to Sidney Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
20. Division Street:	on both sides from Cline Avenue westerly to dead end. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday and federal holidays.
21. Dwight Street:	on both sides, from Sidney Avenue to Seattle Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
22. Dwight Street:	on both sides, from Mitchell Avenue westerly for a distance of 250 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
23. Dwight Street:	on both sides, from Austin Avenue to Cline Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
24. Farragut Avenue:	on the east side, 160 feet north of DeKalb Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
25. Frederick Avenue:	on both sides, from waterfront parking lot to Prospect Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
26. Harrison Avenue:	on the east side, from Bay St northerly for a distance of 80 feet. There will be one-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
27. Harrison Avenue:	on both sides, from DeKalb Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
28. Harrison Avenue:	on both sides, from Dwight Street to Division Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
29. Harrison Avenue:	on both sides from Ada Street to dead end. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
30. Kitsap Street:	on both sides, from Cline Avenue to Rockwell Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
31. Kitsap Street:	on both sides, from Mitchell Avenue westerly for a distance of 150 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
32. Mitchell Avenue:	on the east side, from DeKalb Street northerly for a distance of 70 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
33. Mitchell Avenue:	on the west side, from Kitsap Street to Taylor Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
34. Mitchell Avenue:	on the east side, from DeKalb Street southerly to the bus loading access road, shall be designated all day parking except for the revetment area which is two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
35. Morton Street:	on both sides, from Rockwell Avenue westerly for a distance of 230 feet on both sides. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
36. Morton Street:	on both sides, from Rockwell Avenue easterly for a distance of 230 feet on both sides. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
37. Prospect Street:	on both sides, from Sidney Avenue to Robert Geiger Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m. (except where posted as one-hour parking for the City Permit Center located at 720 Prospect Street; holders of residential parking permits are not exempt from this restriction), on any day except Saturday, Sunday, and federal holidays, and the inside radius of the curve between Robert Geiger Street and Frederick Avenue.
38. Prospect Street:	on both sides, from Kitsap Street to Robert Geiger Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays, except where 30-minute zone is delineated.
39. Prospect Street:	along the green curb, in front of City Hall at 216 Prospect Street. There is 30-minute parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
40. Robert Geiger Street:	on the north side, from Prospect Street to Bay Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
41. Seattle Avenue:	on both sides, from Kitsap Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
42. Seattle Avenue:	on both sides from Dwight Street to Division Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
43. Sidney Avenue:	on both sides from Bay Street to the waterfront. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
44. Sidney Avenue:	on the east side from Bay Street to Prospect Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
45. Sidney Avenue:	on both sides, from Prospect to Kitsap Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
46. Sidney Avenue:	on both sides, from Kitsap Street to DeKalb Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
47. Sidney Avenue:	on both sides, from DeKalb Street to Ada Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
48. Sweany Street:	on the south side, from Cline Avenue westerly for a distance of 300 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
49. Sweany Street:	on the north side, from Sidney Avenue westerly for a distance of 200 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
50. Tracy Avenue:	on both sides, from DeKalb Street to Guy Wetzel Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
51. Tracy Avenue:	abutting 219 Tracy Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
52. Water Street:	from Bay Street to waterfront on the west side. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.
53. SW Yarrow St:	on the south side, from Explorer Avenue westerly for a distance of 360 feet and easterly for a distance of 390 feet. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays.

(2) Violation of this section is a Class A infraction. (Ord. 032-23 § 2; Ord. 019-23 § 2; Ord. 005-23 § 2; Ord. 049-22 § 3; Ord. 029-22 § 1 (Exh. A)).

10.12.500 City parking lots.

(1) The city parking lots are identified as follows:

(a) Lot 2, which lies between Frederick Street and Sidney Avenue, north of Bay Street. Parking in Lot 2 shall be allowed for a maximum period of four hours, including two car charging stalls limited to four hours maximum, and one motorcycle stall.

(b) 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 their designee may authorize deviations to this policy for Lot 5, if necessary. No monetary charge.

(c) Lot 6, which is all parking spaces abutting the landscaped area at the southwest corner of the intersection of Bay Street and DeKalb Street (Bayside Plaza). Parking in Lot 6 shall be allowed for a maximum period of two hours. No monetary charge.

(d) Lot 7, which is all parking spaces located on the library property. Parking in Lot 7 shall be limited to library staff only. Access to Lot 7 and parallel parking stalls via the adjacent parcel to the south pursuant to easement AF# (8903310122). No monetary charge.

(e) Lot 8, which lies east of City Hall, north of and adjacent to Prospect Alley (between Kitsap Street and Prospect Street). Lot 8 is for designated city vehicles and city employees via pass Monday through Friday. No monetary charge.

(f) Lot 9, 720 Prospect Street, which lies east of Lot 8, north of and adjacent to Prospect Alley (between Kitsap Street and Prospect Street). Lot 9 is for designated vehicles and city employees via pass Monday through Friday. No monetary charge.

(g) Lot 10, which lies on the east side of McCormick Village Drive between SW Old Clifton Road and SW Yarrow Street. Parking in Lot 10 shall be allowed for a maximum period of four hours, enforced on a 24-hour basis.

(h) Paul Powers Park, which lies north and east of the public works department “south shed” located at 2051 Sidney Avenue. Paul Powers Park parking is limited to dawn-to-dusk parking only.

(i) Van Zee Park, which lies south of Tremont Street and west of Sidney Avenue, located at 300 Tremont Street. Van Zee Park parking is limited to dawn-to-dusk parking only.

(j) Rockwell Pocket Park will be limited to two-hour parking from dawn to dusk.

(k) Lot 1, which lies between Orchard and Frederick Streets, on the north of Bay Street. Parking in Lot 1 shall be allowed for a maximum period of two hours.

(l) Lot 3, which is the five rows of parking and the row of waterfront parking west of Harrison Avenue and east of and parallel to the library’s easternmost exterior wall. Parking in Lot 3 is Port Orchard Marina parking, subject to city enforcement via an interlocal agreement between the city and the Port of Bremerton. Parking in Lot 3 shall require a paid parking pass issued by the Port of Bremerton except for stalls that are posted as limited to a maximum period of four-hour parking, with no monetary charge.

(m) Lot 4, which is all parking which lies east of Parking Lot 3 and Harrison Avenue and west of the Marina Park. Parking in Lot 4 is Port Orchard Marina parking, subject to city enforcement via an interlocal agreement between the city and the Port of Bremerton. Parking in Lot 4 shall require a paid parking pass issued by the Port of Bremerton except for stalls that are posted as limited to a maximum period of two-hour parking or four-hour parking, with no monetary charge.

(2) Parking restrictions in Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9 shall be enforced on a 24-hour basis, except Saturday, Sunday, and federal holidays within the city.

(3) The parking of oversize vehicles is prohibited in Lots 1, 2 and 10, and Paul Powers Park, Van Zee Park, and Rockwell Pocket Park. Oversize vehicles are defined to include:

(a) Any single vehicle with a gross vehicle weight rating (GVWR) of 26,001 or more pounds, or any vehicle towing a vehicle not in excess of 10,000 pounds gross vehicle weight rating;

(b) Any single vehicle less than 26,001 pounds GVWR, or any vehicle towing a vehicle in excess of 10,001 pounds GVWR, including vehicles which are placarded for hazardous materials or designed to transport 16 or more persons, including the driver, or delivery vans;

(c) Any vehicle registered as a recreational vehicle or trailer for the primary use of transporting the owner’s family members or guests or their possessions for nonbusiness purposes; and

(d) All other motor trucks, tractors, trailers, buses, house trailers, semi-trailers, farm machinery and equipment having a load capacity in excess of one and one-half tons, or a length in excess of 19 feet, or width in excess of seven feet.

Exception. This prohibition shall not apply when temporary parking is necessary for the preservation of life or property; for example, fire or other emergency vehicles; or when necessary in order for the operator of an oversize vehicle to load or unload; provided, however, that while loading and unloading, the operator of the large vehicle shall take precautions appropriate to the circumstances to insure that the oversize vehicle is visible to other vehicles using the street, including but not limited to the oversize vehicle must be properly attended and marked, front and rear, with a traffic cone or other similar device; the oversize vehicle must be parked in a manner as to cause only a minimum obstruction to the regular flow of traffic; and the oversize vehicle’s flashers, front and rear, must be turned on and operating.

(4) Violation of this section is a Class A infraction. (Ord. 020-24 § 1; Ord. 010-24 § 2 (Exh. A); Ord. 032-23 § 3; Ord. 019-23 § 3; Ord. 017-23 § 1 (Exh. A); Ord. 005-23 § 3; Ord. 049-22 § 4; Ord. 029-22 § 1 (Exh. A)).

10.12.510 Parking passes.

Parking passes are established for city parking lots defined in POMC 10.12.500 and are subject to sales and use tax defined in RCW 82.14.020(3).

(1) Daily Contractor’s Parking Pass. A contractor’s parking pass shall be $8.00 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.

(2) City Employee Parking Pass. Each employee may receive one employee parking pass at no cost to the employee upon request to the finance department. The pass must be relinquished to the city on the employee’s last day of employment or at any time upon request by the city. (Ord. 019-23 § 4; Ord. 005-23 § 4; Ord. 029-22 § 1 (Exh. A)).

10.12.520 Parking passes – Rules.

The following rules apply to the use of city parking passes as defined in POMC 10.12.510 as follows:

(1) Posting of Passes. Passes for carpool, city employee, and contractor’s passes must be affixed to the bottom portion of the hangtag provided and then hung from the rearview mirror located on the vehicle’s front windshield. If no rearview mirror exists, the hangtag shall be placed face up on the middle of the dash and made clearly visible from outside of the front of the vehicle. It is the responsibility of the pass holder to place the parking pass as described above.

(2) Enforcement. The city-issued parking pass allows the specified vehicle to park in a city-designated parking lot. The parking pass does not allow the vehicle to park in excess of the posted hours or be exempt from any posted parking rules in any other location. Violation of this section is a Class A infraction. (Ord. 019-23 § 5; Ord. 005-23 § 5; Ord. 029-22 § 1 (Exh. A)).

10.12.530 Parking of certain trailers and semitrailers.

No trailer or semitrailer shall be parked upon any city street unless the trailer or semitrailer is attached to a vehicle by which it may be propelled or drawn. In case of accident, such trailer or semitrailer may be moved to the side of the street, and if a good and sufficient red signal is displayed at both ends of the trailer or semitrailer during the hours of darkness, such trailer or semitrailer may be permitted or allowed to remain for a period not exceeding 24 hours pending removal, except that such trailer or semitrailer shall not remain upon any portion of a city street where standing or parking is limited or prohibited for a period longer than is necessary to effect its removal. Violation of this section is a Class A parking infraction. (Ord. 029-22 § 1 (Exh. A)).