HomeMy WebLinkAbout02/27/2013 AGENDA CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 Phone (360) 473 -5280
** *AMENDED * **
FEBRUARY 27, 2013
CITY COUNCIL STUDY SESSION
5:00 PM in COUNCIL CONFERENCE ROOM 603
The Study Session is open to the public but there will be no opportunities for input or participation; no
action is anticipated during the Study Session; and the content of these items is subject to change. If
approved by Council, the items will be placed on the March 6, 2013 Council Meeting Agenda:
A. NO PRESENTATION PLANNED
1. Resolution updating the Bremerton City Council Rules & Procedures
B. FULL PRESENTATION ITEMS
2. Ordinance repealing Chapters 10.10 entitled "Restricted Parking Zones" and 10.11 entitled
"Parking Enforcement "; adopting Chapter 10.10 entitled "Parking Code "; and amending
Chapter 11.10 of the Bremerton Municipal Code (BMC)
3. Resolution amending "Municipal Court — Rate Table B "; and reestablishing fees, fines, and
penalties regarding parking and related matters
4. Expansion of Harborside Conference Center facilities
C. GENERAL COUNCIL BUSINESS
5. Council Committee Briefings; and General Council Reports (As necessary...)
D. ADJOURNMENT OF STUDY SESSION
Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations
should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting.
______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 Phone (360) 473-5280
FEBRUARY 27, 2013
CITY COUNCIL STUDY SESSION
5:00 PM in COUNCIL CONFERENCE ROOM 603
The Study Session is open to the public but there will be no opportunities for input or participation; no
action is anticipated during the Study Session; and the content of these items is subject to change. If
approved by Council, the items will be placed on the March 6, 2013 Council Meeting Agenda:
A. NO PRESENTATION PLANNED - The following items are budgeted items or have been
reviewed by the appropriate Council Committee:
1. Resolution to update Bremerton City Council Rules and Procedures
B. FULL DISCUSSION ITEMS
2. Ordinance repealing Chapters 10.10 entitled "Restricted Parking Zones" and 10.11 entitled
"Parking Enforcement"; adopting Chapter 10.10 entitled "Parking Code"; and amending
Chapter 11.10 of the Bremerton Municipal Code (BMC)
3. Resolution amending "Municipal Court - Rate Table B"; and reestablishing fees, fines and
penalties regarding parking and related matters
4. Expansion of Harborside Conference Center facilities (Item added...)
C. GENERAL COUNCIL BUSINESS
5. Council Committee Briefings; and General Council Reports (As necessary...)
D. ADJOURNMENT OF STUDY SESSION
Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations
should contact the City Clerk’s Office at (360) 473-5323 by noon on the Monday preceding the Council meeting.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
STUDY SESSION Date: February 27, 2013
SUBJECT: Resolution No. adopting
Bremerton City Council Rules & Procedures
COUNCIL MEETING Date: March 6, 2013
Department: City Council
Presenter: Greg Wheeler
Council President
Phone: (360) 473-5280
SUMMARY: The proposed resolution amends and updates the Bremerton City Council Rules and
Procedures by repealing the Rules and Procedures adopted by Resolution No. 2980; and adopting
Rules and Procedures that accurately reflect the process and meeting schedule by which the Council
currently conducts its business.
ATTACHMENTS: Proposed Resolution No.
Exhibit A – Proposed Council Rules and Procedures
Resolution No. 2980
Resolution No. 2951
FISCAL IMPACTS (Include Budgeted Amount): N/A
STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to adopt Resolution No. , adopting Bremerton City Council
Rules and Procedures.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/02/12
1
Council Rules and Procedures
RESOLUTION NO. ________
A RESOLUTION of the City Council of the City of
Bremerton, Washington, repealing Resolution No. 2980 and
adopting new Rules and Procedures for the City Council to
conduct its business.
WHEREAS, the City Council adopted Resolution No. 2980 on October 5, 2005,
which amended the Rules and Procedures for the City Council to conduct its business; and
WHEREAS, the City Council desires to again update the Rules and Procedures
for the City Council; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Resolution No. 2980 is hereby repealed in its entirety.
SECTION 2. The Bremerton City Council Rules and Procedures attached hereto
as Exhibit A are hereby adopted and shall become effective upon passage of this resolution.
SECTION 3. Severability. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this _____
day of __________________, 2013.
_________________________________
GREG WHEELER, Council President
APPROVED AS TO FORM: ATTEST:
__________________________________ ________________________________
ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk
R:\LEGAL\Resolutions\City Council\Council Rules and Procedures2013A.doc
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Amended Resolution No. 2980
[Proposed] Amended Resolution No. 3187
EXHIBIT A
Bremerton City Council
Rules & Procedures
Rules & Procedures
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Resolution No. 2951
Amended Resolution No. 2980
[Proposed] Amended Resolution No. 3187
CONTENTS
RULE 1 - MEETINGS...................................................................................................................3
RULE 2 - PRESIDING OFFICER - DUTIES .............................................................................5
RULE 3 - COUNCIL MEMBERS................................................................................................6
RULE 4 - AGENDA CONTROL..................................................................................................7
RULE 5 - REGULAR COUNCIL MEETINGS-ITEMS OF BUSINESS ................................7
RULE 6 - DEBATES .....................................................................................................................9
RULE 7 - PARLIAMENTARY PROCEDURE ..........................................................................9
RULE 8 - ORDINANCES - RESOLUTIONS .............................................................................9
RULE 9 - MISCELLANEOUS ...................................................................................................10
RULE 10 - COUNCIL EXPENSE REIMBURSEMENT.........................................................12
RULE 11 – QUASI-JUDICIAL HEARINGS ............................................................................12
RULE 12 - CLOSED RECORD HEARINGS ...........................................................................13
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Amended Resolution No. 2980
[Proposed] Amended Resolution No. 3187
RULE 1 - MEETINGS
1. Regular Meetings: The City Council shall meet regularly on Wednesday of each week at
5:00 5:30 p.m. in accordance with Rule 5, in the First Floor Meeting Council Chamber s and/or
Council Conference Room, Bremerton City Hall, Bremerton, Washington, except as follows:
(a) There shall be no regular meeting of the City Council during the week of
Thanksgiving.
(b) If at any time any regular meeting of the City Council falls on a legal
holiday, then pursuant to RCW 42.30.070 such regular meeting shall be held on the next business
day.
i. Upon a motion, and majority vote, the Council may recess from a
meeting to a certain time and place set forth in the motion.
ii. Meetings may be relocated to accommodate special needs or
circumstances.
2. Special Meetings: Special meetings or any change in the time or location of a regular
meeting shall be called by the Council President, or a majority of the members of the City
Council, by delivering personally or by mail, e-mail, or fax, written notice to each member of the
Council; and to each local newspaper of general circulation and to each local radio or television
station which has on file with the City a written request to be notified of such special meeting or
of all special meetings. The notice must be delivered personally or by mail fax or e-mail at least
twenty-four hours before the time of the meeting as specified in the notice. The call and notice
shall specify the time and place of the special meeting and the business to be transacted. Final
disposition shall not be taken on any other matter at such meetings. Written notice may be
dispensed with:
(a) If a member, prior to the convening of the meeting, files waiver of notice
with the City Clerk, either written, by e-mail, or by FAX;
(b) If a member is actually present at the time the meeting convenes; or
(c) If the special meeting is called to deal with an emergency involving injury
or damage to persons or property, or the likelihood of such, where these requirements would
increase the likelihood of such injury or damage. (RCW 42.30.080)
3. Quorum: Five Council Members shall constitute a quorum for the transaction of
business, and in the absence of a quorum the members present may adjourn the meeting to a later
date. Beginning January 1, 2014, four Council Members shall constitute a quorum.
4. Open Public Meetings Act: All Council meetings shall be conducted in conformity with
the Open Public Meetings Act (RCW 42.30).
5. Appearance of Fairness/Conflict of Interest: In all its dealings, the Council and its
individual members shall be governed by RCW 42.36 (Appearance of Fairness Doctrine); RCW
42.20 (Misconduct of Public Officers) and RCW 42.52 (Ethics in Public Service) and Chapter
2.96 BMC.
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[Proposed] Amended Resolution No. 3187
6. Executive Sessions: The Council may hold Executive Sessions during a regular or
special meeting to consider matters allowed under RCW 42.30.110 as it now exists or is
hereafter amended including:
(a) consideration of acquisition or sale of real property if public knowledge
would adversely affect the price;
(b) discussion with legal counsel of City enforcement actions or potential or
pending litigation in which the City is, or is likely to become, a party;
(c) to receive and evaluate complaints against a public employee, unless the
employee requests the consideration to be held in an open meeting;
(d) evaluate the performance of an employee or qualifications of an applicant
for City employment, so long as the final decision to hire and terms of employment, and
decisions to terminate or discipline, are taken in an open meeting;
(e) to review negotiations on the performance of publicly bid contracts when
public knowledge regarding such consideration would cause a likelihood of increased costs; and
(f) to evaluate the qualifications of a candidate for appointment to elective
office.
See RCW 42.30.110 for complete itemization of executive session topics.
Before convening in Executive session, the presiding officer shall announce the purpose of the
session and the anticipated length of such session, and whether further action is anticipated.
Should the session require more time, a public announcement shall be made that the session will
be extended. The Council will return to the open meeting Council Chambers, as applicable, for
Adjournment of the meeting. Confidential discussions during Executive Sessions shall not be
disclosed by any Council Member or City official in attendance to any person unless
confidentiality is waived by a majority of the Council. Violation of confidentiality ma y result in
a censure motion by the Council during a regular meeting.
7. Telephonic Appearance: Council Members may appear at a council meeting via
telephone under limited circumstances. Telephonic appearances are for the benefit of the City of
Bremerton and not for the benefit of an individual Council Member. Telephonic appearances
may occur as follows:
(a) The Council President may approve a Council Member’s appearance at a
council meeting via telephone when action on a measure to be voted on cannot be delayed but
rather requires immediate action or remedy and one or more of the following circumstances
exists:
i. Due to fire, flood, earthquake, or other emergency, there is a need
for action by a governing body to meet the emergency;
ii. A vote of the council of the whole is required for action; or
iii. A unanimous vote of the whole council is required for passage of a
measure.
(b) In the event that subsection 7(a) of Rule 1 of the Bremerton City Council
Rules and Procedures has been satisfied and more than one Council Member is absent,
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Amended Resolution No. 2980
[Proposed] Amended Resolution No. 3187
reasonable efforts shall be given to provide all absent members an opportunity to appear via
telephone. In no event shall the Council President approve a Council Member’s telephonic
appearance unless satisfactory equipment is available. Satisfactory equipment shall mean any
telephone equipped with a speakerphone function capable of broadcasting the Council Member’s
voice attending via telephone clearly and sufficiently enough to be heard by those in attendance
at the meeting. The telephone must allow the Council Member to take and answer questions as
posed from time to time.
(c) During any meeting that a Council Member is attending via telephone, the
Council President or presiding Council Member shall state for the record that a particular
Council Member is attending via telephone and the reasons for such attendance.
(d) Council members appearing via telephone may participate and vote during
the meeting as if they were physically present at the meeting.
(e) Council Members appearing via telephone shall comply with all rules and
procedures as if they were physically present at the meeting.
RULE 2 - PRESIDING OFFICER - DUTIES
1. Conduct of Meeting: The presiding officer at all meetings of the Council will be the
President of the Council, or in the absence of the President, the Vice President of the Council,
who shall conduct the business and deliberations of the Council under these rules. Reference
herein to Council President shall also apply to the Council Member acting in the Council
President’s place as presiding officer. The President/mayor pro tempore and Vice President shall
be elected by a majority of the Council Members at the start of the first meeting of each year, or
at such time as necessary due to a vacancy. If both the President and Vice President are absent
and a quorum is present, the Chair of the Fiscal and Budget Finance & Investment Committee
shall act as Presiding Officer. If the Chair of that Committee is unavailable, the Chair of the
Operations Public Works Committee shall act as presiding officer.
The Council President shall:
(a) Preserve order and decorum in the First Floor Meeting Council Chamber
at all times;
(b) Observe and enforce all rules adopted by the Council for its government;
(c) Decide all questions on order, in accordance with these rules, subject to a
challenge as provided in Rule 6 Subsection 4., below; and
(d) Recognize members of the Council in the order in which they request the
floor. No member shall be recognized and given the floor to speak on the same matter more than
once until all other members of the Council have had an opportunity to be recognized and be
heard;
(e) The presiding officer, as a member of the Council, shall have only those
rights, and shall be governed in all matters and issues by the same rules and restrictions as other
Council Members.
2. Warrant Check Register: The Council President shall be assigned the responsibility for
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[Proposed] Amended Resolution No. 3187
signing off on the Warrant Check Register, following Council approval.
3. Council Committees: The Council President shall make all committee assignments, as
well as Intergovernmental Representative assignments. To the degree possible, assignments will
be consistent with special skills, interests and time constraints. Assignments will be made to the
following:
(a) Standing Committees:
i. Committee of the Whole consisting of the full council
membership, with the Council President as chair, to serve each week the 2nd and 4th Wednesday
as a regularly scheduled Study Session committee meeting immediately following the Limited
Agenda Council Meeting in the Council Conference Room, or other times and locations as
designated, to hear matters to be placed on the regular Council Meeting agendas and other
council business.
ii. Fiscal and Budget Finance & Investment Committee to serve as
directed by the Council President,
iii. Operations Public Works Committee to serve as directed by the
Council President,
iv. Operations Public Safety & Parks Works Committee to serve as
directed by the Council President,
v. Audit Committee per the City Charter and Chapter 2.18 BMC,
vi. Lodging Tax Advisory Committee per Chapter 67.28 RCW and
Chapter 3.64 BMC.
The above listed standing committees may be restructured or reorganized as authorized and
approved by the City Council without formal amendment of these rules and procedures.
(b) Special and Ad Hoc Committees - May be established for a specific
purpose or a specific time frame to serve as authorized by the Council President.
(c) Intergovernmental Committees, Commissions, and Boards – Established
committees i.e. Kitsap Regional Coordinating Council of Governments and others as
appointed and approved.
4. Council Liaison to City Departments: Each council member may be assigned by the
Council President to one or more city departments to serve as a liaison between the city council
and the departments. The council members will perform this function as directed by the Council
President.
RULE 3 - COUNCIL MEMBERS
1. Comments: Council members shall address all comments to the Council President,
except when a member moves to adopt a resolution, or when a member seconds a motion.
2. Leaving Place: No member shall leave his or her place while a question is being put or a
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count is being taken.
3. Voting: A vote on any matter shall be taken by roll call and any member may abstain
from voting.
4. Questioning: Any member of the Council, including the Council President, shall have
the right to question any individual, or staff member, on matters germane to the issue before the
Council. Such questioning shall not be conducted so as to ridicule or denigrate the individual
being questioned.
5. Information Requests: A Council member may seek clarification or additional
information before voting on an issue. If such request delays consideration to another date,
approval of a majority of the Council is required.
RULE 4 - AGENDA CONTROL
1. Agenda Control: Consideration of any subject, matter, or communication by the Council
may be initiated by the Mayor or any Council Member. All written materials supplementing an
agenda bill should be filed with the Council Legislative Assistant City Clerk and presented to
the Council Legislative Assistant for distribution to the Council Members Council
Committees. The Council President may reject any agenda item not complying with this
procedure.
2. Committee or Study Session Review: Each Agenda Bill item shall be presented to a
Council Committee or the City Council at a Study Session.
3. Removing Items: At the Briefing pre-council meeting, any item may be removed from
the agenda for any reason upon the request of any Council Member. However, two Council
Members may demand the item be reinstated to the agenda. The item shall be brought before the
Council as regular business on the agenda and only tabled, continued or rejected by majority
vote.
RULE 5 – REGULAR COUNCIL MEETINGS - ITEMS OF BUSINESS
1. Full Agenda Council Meeting: A Council Briefing to discuss the agenda and/or
General Council Business will be held at 5:00 p.m. in the Council Conference Room.
Immediately following, the The Full Agenda Council Meeting shall meet in the designated First
Floor Meeting council Chambers, unless a different location is so designated, on the first and
third Wednesday of each month at 5:30 p.m. or at such other day and time as designated by
ordinance. The Full Agenda Council Meeting shall consist of the following items with the
sequence and any other added items as to be determined by the Council President:
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(a) Call to Order
-Pledge of Allegiance
-Invocation
(b) Public Recognition.
(c) Public Service Announcements
(c) Mayors Report
(d) Consent Agenda
(e) Public Hearings
(f) Ordinances and Resolutions
(f) General Business
(h) Public Recognition.
(g) Council Member Reports
(h) Adjournment.
2. Limited Agenda Council Meeting Study Session: The Study Session Limited Agenda
Council Meeting shall meet in the designated Council chambers Conference Room, unless a
different location is so designated, on the second, fourth and fifth (as applicable) Wednesday of
each month at 5:00 5:30 p.m. or at such other day and time as designated by ordinance. The
Study Session Limited Agenda Council Meeting shall consist of the following items with the
sequence and any other added items as to be determined by the Council President:
(a) Call to Order
-Pledge of Allegiance
-Invocation
(b) Public Service Announcements
(a) No Presentation Planned
(b) Full Presentation
(c) Consent Agenda
(c) Other General Council Business as authorized by the Council President.
(d) Adjournment
3. Executive Session/Recess: The agenda may be interrupted for a stated time to adjourn to
Executive Session or recess at the prerogative of the Council President, unless overruled by
Council majority.
4. Consent Agenda Items: Any Council member may request a Consent Agenda Item be
moved to the regular agenda, for which no second is required.
5. Agenda Rearrangement: The Council President may rearrange, change the sequence, or
add to or remove items from the Agendas outlined in Rule 5(1) and (2) above.
6. Regular Council Meetings Televised: The Full and Limited Agenda Regular Council
meetings shall be televised unless otherwise directed by Council.
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RULE 6 - DEBATES
1. Interruption: No member, including the Council President, shall interrupt or argue with
any other member while such member has the floor.
2. Courtesy: All speakers, including Council members, during comments, discussion or
debate of any issue, shall address their comments to the Council President with courtesy and
proper deportment. Comments shall not contain personalities, derogatory remarks or insinuations
toward any member of the Council, Staff and Public, but shall be confined to facts that are
germane and relevant to the issue.
3. Transgression: Upon transgression of these rules, the Council President shall call such
person to order, in which case that person shall be silent except to continue in order. If the
Council President transgresses these rules, or fails to call a transgressor to order, any other
member of the Council may, under a point of order, call the transgressor to order.
4. Challenge to Ruling: Any member of the Council shall have the right to challenge any
action or ruling of the Council President, or member, as the case may be, in which case the
decision of the majority of the members of the Council present, including the Council President,
shall govern.
RULE 7 - PARLIAMENTARY PROCEDURE
Procedure Guide: Robert's Rules of Order shall be used as a guide to govern the conduct of
business of the City Council while in Legislative session. However, the Council President shall
have the authority to make a final ruling on all issues of procedure, subject to Rule 6, Subsection
4 of these Rules.
RULE 8 - ORDINANCES - RESOLUTIONS
1. Actions: Any action of the Council shall be by ordinance, resolution or motion and shall
be conducted only in open public meetings unless otherwise provided by law. Such action shall
be deemed approved by an affirmative vote of a majority of those Council members present,
unless otherwise provided by law. Any such action shall contain only a single subject matter and
may not be amended to include a different subject.
2. Submittal: No ordinance shall be submitted to the Council for consideration until
approved as to form and legality by the City Attorney and copies have been furnished to Council
Members and the City Clerk. No such ordinance shall contain any interlineations or marginal
notes.
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3. Presentations: Reading of ordinances and resolutions at all Council meetings shall be
deemed sufficient by the reading of a brief synopsis of the title of the ordinance or the purpose of
the resolution. The full text of an ordinance or resolution under consideration by the Council will
be provided to any member of the public upon request.
4. Reading of Ordinances: Every ordinance shall have one reading except that, upon a
request of a Council Member, an ordinance shall have two or more readings unless otherwise
directed by the Council.
RULE 9 - MISCELLANEOUS
1. Agenda: By direction of the Council President, the Legislative Assistant shall prepare the
Agenda for each session of the Council in regular order in accordance with these rules, which
order shall not be departed from, except as provided in these rules. Such Agenda shall include all
resolutions, ordinances and matters requested by any Council Member, or the Mayor, with no
items deleted from the Agenda except as provided in Rule 4 of these rules.
2. Public Comment on Agenda Items: Any person has the right to speak on any Agenda
item at the time the item is discussed and prior to a vote by the Council, except for Consent
Calendar agenda items. Such remarks must be confined to those that are germane and relevant to
the item being discussed and shall be subject to a time limit. If numerous speakers are addressing
the issue, the Council President may further restrict speaker time. Written comments shall, to all
intents and purposes, be considered the same as oral comments.
3. Public Recognition: Any member of the public shall have the right to address the
Council and the Mayor on City-related issues not on the Agenda. No member of the public shall
engage in discussion or comment which a) is obscene, indecent or libelous; b) promotes the sale
of products, or services; c) promotes any lottery or contest which offers prizes dependent in
whole or in part upon lot or chance. It is suggested that Those questions from the public posed to
the Council that cannot be answered at the Council meeting must should be put in writing in
order to receive a written response from the appropriate party or parties within a reasonable time.
Letters addressed to City officials will not be read in Public Recognition unless an exception is
granted by Council President based upon exceptional circumstances. Argumentative Rebuttal is
not permitted during Public Recognition.
4. Ballot Issues: During the election period, beginning on the last week in July deadline for
elective office or ballot issues, or from the time an individual announces candidacy, whichever
comes first, through the November General Election, all announcements or advertising
concerning candidates are prohibited. Discussion of ballot issues is prohibited after the issue has
qualified for the ballot. Meetings for political parties may be announced, with the exception of
fundraising events (i.e. dinners, drawings, etc.) or meetings where the title of the function
expresses support or opposition for any candidate, political party, or issue.
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5. Public Hearings: The Council President may allocate the time allotted to Public Hearing
equally among the members of the public who wish to speak.
6. Complaints: Personal complaints, especially those of a derogatory nature against any
official or employee of the City shall not be discussed at a Council meeting. Citizens wishing to
make such complaints shall be instructed that the same should be first processed and handled
through the Mayor's office. Then, if the citizen feels appropriate action has not been taken, it
shall be proper for the complaint to be communicated in writing to the members of the Council.
Complaints against a Council Member shall be submitted to the Council President. If the
complaint is against the Council President, the complaint shall be submitted to the Vice-
President. Acceptance by the Council of a written complaint shall not, however, give rise to
public discussion thereon. The City Attorney should be consulted regarding confidentiality,
rights to privacy and other legal concerns.
7. Amendments to Rules & Procedures: Amendments to these rules shall be made by
resolution of the Council.
8. The City Clerk: The City Clerk, or duly authorized representative, shall attend all
business meetings of the City Council and maintain a permanent journal of its proceedings. All
votes shall be recorded by calling the names of each member on a positional rotation basis with
Council President’s vote called last.
9. Maintain Record: All of the regular and special meetings of the City Council and each
and every part thereof shall be recorded electronically. These records shall be maintained for a
period in conformance with Chapter 40.14 RCW.
10. Prepare Minutes: Subsequent to each meeting, the Legislative Assistant shall prepare
brief and concise minutes of all Council meetings and submit the same to the Council for
approval. Such minutes shall contain an accurate resume of official Council actions, with
reference to all matters before it.
11. Verbatim Transcript: No member of the Council, nor any member of the administrative
staff of the City, shall be empowered or authorized to require the Legislative Assistant to insert
in said official minutes any verbatim transcript of all or any part of the proceedings. Verbatim
transcripts shall be made a part of the minutes only when authorized by a majority vote of the
entire Council, made at the meeting wherein such verbatim request is made. Copies of tapes will
be available at cost.
12. Non-Compliance with rules and Waiver: Failure of a Council member to challenge the
non-compliance of Council proceedings with any rule or procedure herein, prior to the vote or
other action taken on the item under consideration, shall constitute a waiver and such non-
compliance shall not affect the outcome of any action taken by the Council unless such
compliance is required by law.
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13. Council Comments: No Council member may advertise or promote a private business
or enterprise during Council meetings except that Council members may make announcements to
welcome a new business or announce special events regarding a private business or enterprise.
RULE 10 - COUNCIL EXPENSE REIMBURSEMENT
Members of the City Council shall observe the Expense Reimbursement Claim Policies that have
been established by ordinance or resolution. Reimbursement for travel by any member of the
Council outside the State of Washington shall be made only with the prior approval of the majority
of the Council. All Council Member expenses shall be subject to approval by the Council President.
RULE 11 - QUASI-JUDICIAL HEARINGS
1. Quasi-Judicial Body: In hearing matters requiring application of law and determination
of facts which predominantly affect particular parties rather than the public generally or a class
or group, the Council sits as a Quasi-Judicial body. It will conduct the hearing in accordance
with Rule 11 and 12.
(a) Council President convenes hearing.
(b) Item is introduced by City Clerk.
(c) Council President inquires:
i. “All Council Members should now give consideration as to
whether they have: 1.) a demonstrated bias or prejudice for or against any party to the
proceedings; 2.) a direct or indirect monetary interest in the outcome of the proceedings; 3.) a
prejudgment of the issue prior to hearing the facts on the record; or 4.) ex parte contact with any
individual, excluding administrative staff, with regard to an issue prior to the hearing. If any
Council member should answer in the affirmative, then the Council member should state the
reason for their answer at this time so that the Chair may inquire of the City Attorney as to
whether a violation of the Appearance of Fairness Doctrine or a Conflict of Interest exists.”
ii. “If any member of the public believes any Council member should
excuse themselves due to a conflict with the Appearance of Fairness doctrine, or for another
concern, please state the reasons now.”
(d) Council President calls upon Administrative Staff to present the
recommendation or decision of the Administrative Hearing Examiner, or other applicable
commission or board, to provide a general background and to answer Council questions.
(e*) Council President designates the length of argument to afford a fair
hearing of the issues. Correspondence is read and testimony taken from proponents, then
opponents and those neutral. Council may ask questions of those testifying.
(f*) Limited questioning of opposing witnesses on technical matters by either
side may be allowed in the discretion of the Council President. The City Attorney will advise the
Council President when such questioning may be a lawful requirement of the hearing.
(g*) President closes the public testimony portion of the hearing. Council
deliberates and may ask questions of the presenters.
Rules & Procedures
Page 13
Resolution No. 2951
Amended Resolution No. 2980
[Proposed] Amended Resolution No. 3187
(h) A decision by motion is made. The Council may accept, reject or modify a
recommendation or decision based upon its application of code criteria and appropriate findings.
(i) No motion to rescind or reconsider the initial quasi-judicial decision may
be brought by any Council member following close of the meeting.
* Not applicable to closed record hearing.
RULE 12 - CLOSED RECORD HEARINGS
1. Hearing Procedure:
(a) Closed record hearings on land use applications shall be conducted in
accordance to this rule. The provisions of Rule 11 are applicable to closed record hearings
except as otherwise noted therein. After the appearance of fairness inquiry, the President or staff
will announce that the decision will be based on materials received in evidence at the previous
open record hearing of the Administrative Hearing Examiner or other applicable commission or
board; minutes of the prior hearing; and the recommendation or decision from the open record
hearing.
(b) The Council may consider the following limited evidence not set forth in
the record:
i. The Council may take official notice of information such as any
law, ordinance, resolution, rule or other fact generally known and verifiable from reliable
sources.
ii. Council Members may view the area in dispute, but shall note the
time, manner and circumstances of such view on the record.
iii. Council deliberates and may ask questions of the staff.
iv. A motion incorporating the decision is made. The Council may
accept, reject, or modify the Administrative Hearing Examiner's recommendation based upon its
application of code criteria and appropriate findings.
Dated this ______ day of _______________, 2005 2013.
DAREN NYGREN, GREG WHEELER, City Council President
R:\City Council\CHARTER & PROCEDURES\Council Rules & Procedures - 2013.doc
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Ordinance No. _______
creating a new parking code
Study Session Date: February 27, 2013
COUNCIL MEETING Date: March 6, 2013
Department: Finance/City Clerk
Presenter: Shannon Corin
Phone: 473-5323
SUMMARY: The proposed ordinance repeals Chapter 10.10 BMC entitled “Restricted Parking
Zones” and Chapter 10.11 BMC entitled “Parking Enforcement”, and adopts a new chapter, Chapter
10.10 of the Bremerton Municipal Code entitled "Parking Code". The proposed ordinance
consolidates and updates provisions of the existing codes. In addition, the proposed ordinance
amends Chapter 11.10 of the Bremerton Municipal Code relating to decommissioning and
recommissioning of driveways and makes other related changes.
ATTACHMENTS: Proposed Ordinance
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. ________ creating a new parking code and amending Chapter 11.10 of
the Bremerton Municipal Code.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/02/12
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Parking Code - Chapter 10.10 BMC
ORDINANCE NO. ________
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, repealing Chapter 10.10 BMC of the
Bremerton Municipal Code entitled “Restricted Parking Zones”
and Chapter 10.11 BMC of the Bremerton Municipal Code entitled
“Parking Enforcement”, adopting a new chapter, Chapter 10.10 of
the Bremerton Municipal Code entitled "Parking Code", amending
Chapter 11.10 of the Bremerton Municipal Code relating to
decommissioning and recommissioning of driveways and making
other related changes.
WHEREAS, the City Council desires to repeal its existing parking code set forth
in Chapters 10.10 and 10.11 of the Bremerton Municipal Code and adopt a new parking code
relating to parking restrictions for vehicles including recreational vehicles, boats or vessels, or
trailers; and
WHEREAS, the City Council desires to add language to Chapter 11.10 of the
Bremerton Municipal Code currently set forth in Chapter 10.10 of the of the Bremerton
Municipal Code relating to decommissioning and recommissioning of driveways; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 10.10 of the Bremerton Municipal Code entitled
“Restricted Parking Zones” and Chapter 10.11 of the Bremerton Municipal Code entitled
“Parking Enforcement” are hereby repealed in their entirety.
SECTION 2. A new chapter, Chapter 10.10 of the Bremerton Municipal Code
entitled "Parking Code" is hereby adopted to read as follows:
Chapter 10.10
PARKING CODE
10.10.010 DEFINITIONS.
For the purpose of this chapter, the words and phrases set forth in this section are defined
as follows:
“Boat or Vessel” means every description of watercraft used or capable of being used as
a means of transportation on the water including marine vehicle (trailered or nontrailered).
"Block" means the area comprised of properties along each side of a street between two
(2) intersections or an intersection and a road end.
“BMC” means Bremerton Municipal Code.
“City Parking Facility” means City owned or controlled parking facility, including
parking garages and parking lots, whether paid or unpaid parking.
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"Department" means the Department of Financial Services, unless another department is
referenced.
"Director" means Director of Financial Services or other department director authorized
by the Mayor to enforce this chapter, or their designee, including, but not limited to, parking
enforcement officer, unless another director is referenced.
“Downtown core” means that area in downtown Bremerton from and including Warren
Avenue east to the waterfront and from and including 6th Street south to the waterfront and the
Puget Sound Naval Shipyard.
“Paid parking zone” means the street, or part thereof, within the City where parking
spaces are restricted to paid parking.
"Parking generator" means anything that significantly increases commuter parking
demand. Examples include, but are not limited to: ferry terminals, schools, hospitals, business
districts, and military installations.
"Parking permit" means a permit issued by the City that exempts the permit holder, when
displayed properly, from the parking restrictions in effect in the permit holder’s restricted
parking zone.
"Passenger load only zone" means a parking space reserved for passenger loading only.
These spaces will be marked with the time restriction applicable to them.
"Peak parking hours" means those hours in a day where a particular vicinity experiences
the greatest demand for parking.
"Permit only zone" means a prescribed area where on-street parking is reserved for the
exclusive use of the permit holders in the prescribed vicinity and their visitors holding a permit.
“RCW” means Revised Code of Washington.
"Recreational vehicle" means a travel trailer, motor home, truck camper, or camping
trailer that is primarily designed and used as temporary living quarters, is either self-propelled or
mounted on or drawn by another vehicle, is transient and is not immobilized or permanently
affixed to a mobile home lot and further includes a dune buggy or off-road vehicle (trailered or
nontrailered).
"Resident," as used in this chapter, refers to an individual living in a dwelling unit or a
business owner operating a business on property owned or leased by the business owner.
"Resident vehicle" means a motor vehicle parked in a prescribed residential area by a
resident of the area.
“Residential area” means a contiguous area containing public rights-of-way or parts
thereof primarily abutted by residential property or residential use.
"Restricted parking zone" means an area of the City subject to parking restrictions
including time limits or other restrictions contained in this chapter including paid parking zones,
passenger load only zones and other restricted parking areas or spaces both in residential and
nonresidential areas.
“Residential restricted parking zone” means a restricted parking zone in a residential
area.
"Street" means any right-of-way, highway, avenue, lane, road, drive, place, boulevard,
alley, way, sidewalk, planting or parking strip, shoulder and every wa y or place in the City of
Bremerton open as a matter of right to public vehicular travel or parking or other similar public
use.
“Trailer” means every vehicle without motive power designed to be drawn by another
vehicle and attached to the towing vehicle by means of a hitch or other connector, and ordinarily
used for transporting items upon public rights-of-way.
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"Vehicle" means truck, vehicle, van, tractor, bus, trailer (including boat trailer with or
without a boat situated thereon), recreational vehicle, tractor or semi-trailer, motorcycle or boat
or vessel (trailered or nontrailered), whether licensed or unlicensed, or motorized or
nonmotorized, unless otherwise defined.
"Visitor vehicle" means a motor vehicle parked by a person who is visiting a resident
within a residential restricted parking zone.
10.10.020 PARKING ADMINISTRATION.
Collection of parking fees, maintenance of parking meters or other collection devices,
and the issuance of parking permits shall be administered by the Department of Financial
Services, which shall promulgate procedures to administer permits as authorized in this chapter,
including processes for establishing proof of residency; vehicle ownership, use or control; and
for the revocation of permits for misuse. Appropriate parking fee schedules, permit fees and
related services as well as fines and penalties for violations shall be set by the City Council and
are set forth in Chapter 3.01 BMC. Fees may be collected by the use of parking meters, pay
boxes or other devices and through the issuance of parking permits authorized by this chapter.
The Director shall, in a manner consistent with this chapter, establish, locate and post parking
restrictions within the City rights-of-way where required to regulate parking.
10.10.030 NONRESIDENTIAL RESTRICTED PARKING ZONES.
The creation, deletion or boundary changes of restricted parking zones in nonresidential
areas may be initiated either:
(1) By the decision of the Director following a finding by the Director of
Public Works & Utilities, or designee, that the change is in the best interest of the community
and will improve the health, safety or welfare of the community; or
(2) By motion, resolution or ordinance of the City Council as deemed
appropriate.
10.10.040 RESIDENTIAL RESTRICTED PARKING ZONES.
(a) Creation. The creation, deletion or boundary changes or time change of residential
restricted parking zones as defined in BMC 10.10.010 above may be initiated either:
(1) By a verified petition of property owners as provided for in Subsection (b)
below for either one (1) hour or two (2) hour time residential restricted parking zones (what
about 3 and 4 hour zones); or
(2) By the decision of the Director following a finding by the Director of
Public Works & Utilities, or designee, that the change is in the best interest of the community
and will improve the health, safety or welfare of the community; or
(3) By motion, resolution or ordinance of the City Council as deemed
appropriate.
The City Council may, at any time, create a residential restricted parking zone or
it may delete or change the boundary of a residential restricted parking zone created pursuant to
Subsections (a)(1) and (a)(2) above.
(b) Petitions. Property owners in a residential area as defined in BMC 10.10.010
above may seek to create, delete or change the boundary of a residential restricted parking zone
or to change to either one (1) hour or two (2) hour restricted parking as applicable by submitting
a verified petition of at least two-thirds (2/3) of the property owners of each parcel of property
located within the block indicating support for the change. Upon submittal of a verified petition,
the Director of Public Works & Utilities must make a finding that:
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(1) There is an identifiable parking generator;
(2) It appears that seventy-five percent (75%) or more of the parking spaces
located on the petitioning block are being used at peak parking hours;
(3) The conditions described in subsections (b)(1) and (b)(2) of this
subsection exist on at least three (3) contiguous blocks; and
(4) Whether one (1) hour or two (2) hour time restricted parking is
appropriate.
(c) Appeal. Appeals relating to the creation, deletion, boundary change or a time
change from/to either one (1) hour or two (2) hour time restricted parking as applicable of a
residential restricted parking zone may be made by a property owner within the designated
permit area to the Municipal Court Hearing Examiner pursuant to BMC 10.10.140 below. The
right to appeal exists only when such creation, deletion, boundary change or time change was
completed under Subsections (a)(1) above by a verified petition or (a)(2) above by a Director’s
decision. If such creation, deletion, boundary change or time change is subject to appeal, the City
Clerk shall post notice in the particular residential area of the future location and boundaries of
the proposed residential restricted parking zone and of the right of the property owner to appeal
the designation within seven (7) working days. A timely appeal will stay the action until the
Municipal Court Hearing Examiner’s review and decision. The Hearing Examiner shall be
authorized to deny the creation, deletion, boundary change or time change if he/she determines
that significant errors were made in the process that created a substantial likelihood that the
creation, deletion, boundary or time change would have failed had proper procedures been
followed or if he/she determines that the creation, deletion or boundary change is not in the best
interest of the community.
The change shall be enforceable following the expiration of the appeal period or at such
time as any appeal filed is denied. Until such time, the parking restriction previously in place, if
any, shall continue.
(d) Posting.
(1) If the creation, deletion, boundary change or time change is subject to
appeal under Subsection (c) of this section, the creation, deletion, boundary change or time
change shall become effective at such time as notice is posted in the affected area of the location
and boundaries of the residential restricted parking zone, and either:
(i) The seven (7) working day appeal period has expired without an
appeal being filed; or
(ii) At such time as a decision of the Hearing Examiner is issued on an
appeal filed under subsection (b) of this section.
(2) If the creation, deletion, boundary change or time change is not subject to
appeal under Subsection (c) of this section, the creation, deletion, boundary change or time
change shall become effective upon posting of applicable parking restriction signage in the
residential restricted parking zone.
(e) Permit Only Zone. Effective March 1, 2013, permit only zones cannot be created
nor can their boundaries be changed by petition. Permit only zones in effect on January 1, 2013
are grandfathered and may remain in effect or be deleted by petition. The City Council may, at
any time, delete or change the boundary of a permit only zone.
10.10.050 PARKING PERMITS.
(a) Residential Parking Permits. Residential parking permits may be issued in a
residential restricted parking zone located for motor vehicles not in excess of ten thousand
(10,000) pounds only upon application of the following persons:
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(1) A legal resident of the residential restricted parking zone who has a motor
vehicle registered in his or her name, or who has a motor vehicle for his exclusive use and under
his control.
(2) A person who owns or leases commercial property and actively engages in
business activity within a residential restricted parking zone.
Permits will be issued for one (1) year terms and be renewed upon expiration conditioned
upon meeting the residency requirements for a permit. There shall be a limit of two (2)
residential parking permits issued per dwelling unit/business location, unless parking
availability allows a greater number not to exceed four (4) permits per dwelling unit as
determined by the Director in his or her sole discretion.
(b) Visitor Parking Permits. Visitor parking permits are authorized for residents of a
residential restricted parking zone for bona fide transient use for visitors to the residence. No
dwelling unit or place of business located in a residential restricted parking zone shall be issued
more than one (1) visitor permit. It shall be the responsibility of the resident to control the use of
the permit. Bona fide transient uses include: visiting guests, babysitters, repair persons and other
similar visitors. The following is prohibited:
(1) Parking in excess of seven (7) days within any thirty (30) day period
unless approved administratively prior to such use; or
(2) Parking more than one (1) block from the permitted residence, or
(3) Use of visitor permits by residents for the residents vehicles. Visitor
permits shall only be used for visitor vehicles.
(c) Temporary Parking Permits. Temporary short term parking permits may be
issued to landlords or their contractors for building improvements, individuals working in a
home service industry (home health care, etc.), or for other short term use for the providing of
services to a residence or to a business in a residential restricted parking zone or a nonresidential
restricted parking zone. Temporary permits, and any extensions thereto, shall be issued for a
period not to exceed thirty (30) days unless the director determines that a longer period is
warranted. The City may require proof of ongoing continuous work and of a City business or
landlord license as a condition to maintain or extend a valid permit.
(d) Display. Parking permits shall state thereon the particular restricted parking zone,
the license number of the motor vehicle for which it is issued and the expiration date. Permits
shall be displayed so as to be clearly visible through the rear window of the vehicle on the left
side thereof or the front windshield on the left side when necessary. A parking permit shall
not guarantee or reserve to the holder thereof an on-street parking space within the designated
residential parking area.
(e) The Director may establish policies for the issuance of parking permits. Parking
permits may be issued throughout different times of the year based on zones or other criteria.
10.10.060 PARKING FOR DISABLED PERSONS.
(a) As authorized pursuant to RCW 46.61.582, a person who has received a current
and valid special disabled person’s card, decal or license plate from the Washington State
Department of Licensing under RCW 46.19.050 shall be allowed to park a vehicle being used to
transport such person in parking meter spaces free of charge and in nonmetered spaces for
unlimited periods of time in parking zones or areas which are otherwise restricted as to the length
of time parking is permitted except as otherwise provided in subsection (b) of this section. This
section shall have no application to those zones or areas in which the stopping, parking or
standing of all vehicles is prohibited or which are reserved for special types of vehicles. Such
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person shall not be permitted the foregoing privilege unless the person obtains and displays a
distinguishing card, decal, or license plate issued pursuant to RCW 46.19.050.
(b) No person shall stop, stand or park a vehicle in a parking space reserved for
disabled persons provided on street or on private property without charge without obtaining and
displaying a special license plate, card, or decal issued pursuant to RCW 46.19.050; provided,
pursuant to RCW 46.19.050, a time limitation of four (4) hours is imposed on the use of such
parking spaces for on-street parking when so signed and a time restriction of four (4) hours is
imposed on the use of nonreserved, on-street parking spaces by vehicles displaying the special
parking placards when such time restriction is clearly posted.
(c) A parking space or stall for a disabled person shall be identified as described in
RCW 46.61.581, including fine, time limitation (if applicable), and tow-away information.
Notwithstanding any provision in this chapter, in accordance with RCW 46.61.581, failure of the
person owning or controlling the property where required parking spaces are located to erect and
maintain the sign is a Class 2 civil infraction under Chapter 7.80 RCW for each parking space
that should be so designated. The person owning or controlling the property where the required
parking spaces are located shall ensure that the parking spaces are not blocked or made
inaccessible, and failure to do so is a Class 2 civil infraction.
(d) No person shall make inaccessible the access aisle located next to a space
reserved for physically disabled persons.
(e) Special Plate, Card or Decal Issued by another Jurisdiction. RCW 46.61.583 is
hereby adopted by reference.
10.10.070 PARKING VIOLATIONS.
In addition to those statutes set forth in the Washington Model Traffic Ordinance as
adopted pursuant to Chapter 10.04 BMC restricting standing, stopping and parking of vehicles, it
shall be unlawful and punishable as a civil infraction for any person to commit any of the
following actions:
(a) Parking in Time Limit and No Repark Zones.
(1) Downtown Core. Where a time limit and no reparking is established by
official signs, no vehicle may be reparked on either side of the same named street (i.e., Pacific
Avenue or 5th Street) in the downtown core during the same calendar day after the expiration of
the posted time limit. For purposes of this section, a vehicle shall be deemed to be reparked and
in violation of this section even if the vehicle is moved prior to the expiration of the posted time
limit and is reparked on either side of the same named street.
(2) Residential. Where posted, it is unlawful for a vehicle to remain parked,
or to be reparked within four (4) blocks of the original parking location within a restricted
parking zone, if the parking time or combined parking time for the vehicle exceeds the time
limitations of the parking zone. Vehicles issued permits under Chapter 10.10 BMC shall be
exempt from posted time limits according to the terms of the permit, however, they will not be
exempt from the time restrictions set forth in Subsections (b)(2) and (b)(3) below.
(b) Parking or Storage of Vehicles within Street. Except when otherwise provided by
Subsection (b)(4) below, the parking or storage of vehicles within any street shall be subject to
the following parking restrictions in addition to other parking restrictions set forth in this chapter:
(1) Time Restriction. Except for vehicles parking pursuant to a residential
parking permit, the parking or storage of any vehicle in excess of seventy-two (72) consecutive
hours on a street shall be unlawful. During continued consecutive hours of parking, after the
initial seventy-two (72) hour period, relocation of the vehicle within five hundred (500) feet, and
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still within a street, shall be considered to be the same location within the street for purposes of
calculating the seventy-two (72) hour parking restriction.
(2) Recreational Vehicles, Boats or Vessels, and Trailers – Additional
Restrictions. No person shall park any recreational vehicle, boat or vessel, or trailer, as defined
in Section 10.10.010, above on any street for longer than twenty-four (24) hours, unless such
activity is authorized pursuant to a temporary permit pursuant to subsection (b)(4) below.
(3) Oversized Vehicles – Additional Restrictions. The City Council finds that
the parking and storage of commercial trucks, vans, tractor trailers, and semi-trailers, or
combination thereof, exceeding twenty-two (22) feet in length (including any attached trailer) or
with a maximum gross vehicle weight exceeding ten thousand (10,000) pounds presents
unacceptable risks and hazards to public health, safety, and welfare when such vehicles are
parked or stored on any street at times when such vehicles are not engaged in business or
commercial activity. Accordingly, no commercial truck, vehicle, van, trailer, or semi-trailer, or
combination thereof exceeding twenty-two (22) feet in length (including any attached trailer) or
with a maximum gross vehicle weight exceeding ten thousand (10,000) pounds, whether licensed
or unlicensed, may be stored or parked upon any street for longer than twenty-four (24) hours,
unless such activity is authorized pursuant to a temporary permit pursuant to Subsection (b)(4)
below.
(4) Exception to Time Restrictions – Temporary Permits. A vehicle may park
on a street for a period of time that exceeds the time restrictions set forth in this section, BMC
10.10.070, if it has been specifically permitted, on a temporary basis and for the period of time
permitted, with a public works right-of-way permit or other similar City or State authorization
for construction or other related public purpose or otherwise authorized by the Director.
(c) Unauthorized Disabled Parking. It is a traffic infraction for any person to park a
vehicle in a public place provided on private property without charge or on public property
reserved for physically disabled persons without a placard or special license plate as provided for
in BMC 10.10.060 above and RCW 46.19.050. 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 placard or special license plate required under this section. Additionally,
it is a traffic infraction pursuant to subsection (a) of this section for any vehicle displaying the
placard or special license plate as provided for in BMC 10.10.060 above and RCW 46.19.050 to
violate any time restrictions imposed on nonmetered, on-street parking places reserved for
persons with physical disabilities as well as nonreserved, on-street parking spaces.
(d) Parking on City Property. A motor vehicle parking or standing on property
owned, leased, or operated by the City is subject to the following restrictions:
(1) Only motor vehicles belonging to persons who work for the City, who are
transacting business with the City or who otherwise have specific permission from the City, may
be parked upon such property; and
(2) Where pavement markings or signs designate parking stalls on such
property, all motor vehicles must be parked within such stalls and not elsewhere on such
property, unless otherwise authorized by the City; and
(3) Where a parking stall or stalls is designated by pavement markings or
signage, any motor vehicle parked in these stalls must be parked within the designated limits of
the parking space as indicated.
(e) Parking against Traffic. Except when otherwise provided by City code, ordinance
or resolution, it shall be unlawful for any vehicle to stop or park on a street unless:
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(1) Stopped or parked parallel (or at an angle when authorized) to the traveled
portion of the street;
(2) In the direction of authorized traffic movement of the street immediately
adjacent thereto; and
(3) Within twelve (12) inches of the curb or as close as practicable to the edge
of the shoulder.
In the event of a conflict between the provisions of this Subsection (m) and RCW
46.61.575 adopted as part of the Washington Model Traffic Ordinance pursuant to Chapter 10.04
BMC, the provisions of this subsection shall apply.
(f) Expired Registration. It is unlawful to park any vehicle on a street or on public
property without valid, current vehicle license plates or registration tab displayed according to
law.
(g) Inoperable Motor Vehicle. It is unlawful to park or store an inoperable motor
vehicle on a street or on public property. For purposes of this subsection, an "inoperable motor
vehicle" is defined as a motor vehicle which is:
(1) by any reason of dismantling, disrepair, or other cause is incapable of
being propelled under its own power;
(2) unsafe for operation on the streets and highways of this State due to
inability to comply with the Washington Model Traffic Ordinance as adopted pursuant to
Chapter 10.04 BMC; or
(3) damaged to such extent as to render it illegal for operation on any street,
including but not limited to any of the following: broken head or taillights, broken or missing
mirrors, cracked or missing window or windshield, deflated tires, missing seats or steering wheel
or other general conditions that would render a vehicle incapable of being driven on a public
highway.
(h) Junk and Abandoned Vehicles. Enforcement of junk and abandoned vehicles may
be pursuant to Chapter 46.55 RCW adopted as part of the Washington Model Traffic Ordinance
pursuant to Chapter 10.04 BMC.
(i) Counterfeit Permits. It is unlawful for any person to copy, reproduce, or
otherwise counterfeit a parking permit or to possess any counterfeit copy or facsimile of a City
parking permit.
(j) Unauthorized Use of Permit. It is unlawful for any person issued a parking permit
by the City to:
(1) Lend, sell or assign said permit to another;
(2) Display any permit issued to another; or
(3) Display any permit issued when the recipient of the permit is no longer
eligible pursuant to Chapter 10.10 BMC.
(k) Tampering with Parking Meters or Collection Devices. No person shall deface,
injure, tamper with, open, or willfully break, destroy, or impair the usefulness of any parking
meter or collection device.
(l) Unlawful Parking in City lot. In addition to other enforcement remedies, it is
unlawful to park any vehicle on a City-owned parking lot or structure without paying the posted
fee or parking in excess of posted time limits or in violation of use restrictions.
(m) Obliterating Tire Markings. It is unlawful to conceal, obliterate, or erase
markings on vehicle tires made by a parking enforcement officer for the purpose of recording
parking time.
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(n) False Application. It is unlawful for any person to intentionally provide false or
misleading information on any application for a parking permit.
(o) Failure to Surrender Permit. The Director is authorized to revoke the residential
parking permit of any person found to be in violation of its intended use. Upon written
notification of permit revocation by the Director, it shall be unlawful for any person to fail to
surrender a parking permit as directed.
(p) Parking Fee – Nonpayment. It is unlawful to park a vehicle in any parking space
monitored by a parking fee collection device, including parking meters, without payment as
indicated on the collection device.
(q) Parking Fee – Time Permitted. It is unlawful to park a vehicle in any parking
space monitored by a collection device, including parking meters, for a consecutive period of
time longer than that limited period of time for which parking is lawfully permitted in the time
zone, irrespective of the amount of money deposited in such collection device.
(r) Habitation in Vehicles. No person shall park and/or occupy any vehicle on any
street for the purpose of habitation in such vehicle. For purpose of this section, habitation means
to camp, live or occupy within such vehicle for residential purposes.
10.10.080 ENFORCEMENT PROCEDURES.
(a) Enforcement Officer. The parking regulations set forth in this chapter and the
Washington Model Traffic Ordinance as adopted pursuant to Chapter 10.04 BMC shall be
enforced by the;
(1) City’s police officers and other law enforcement officers, and/or
(2) City’s parking enforcement officers, as applicable.
The City’s parking enforcement officers include parking enforcement officers with
limited commission as set forth in subsection (d) below and those City officials authorized by the
Director of Financial Services or by the Director of Public Works & Utilities to enforce
provisions of this chapter.
(b) Notice of Infraction. If any vehicle is found parked, standing, or stopped in
violation of this chapter, or otherwise violates the provisions of this chapter, the enforcement
officer finding the vehicle shall take its license number and may take any other information
displayed on the vehicle which may identify its user and shall conspicuously affix to the vehicle
a notice of parking infraction. A notice of parking infraction represents a determination that a
parking infraction has been committed.
(c) Registered Owner – Responsible for Violation. In any parking violation case
involving an infraction relating to the stopping, standing, or parking of a vehicle, the registered
owner of the vehicle shall be responsible for the violation unless the registered owner can
provide proof that the vehicle was sold or stolen or other similar event in which the registered
owner had no direct or indirect control of the vehicle.
(d) Limited Commission Officers. The City’s Police Department is authorized to
appoint parking enforcement officers with a limited commission to issue notices of infractions
for violations of the City’s parking regulations.
10.10.090 FINES AND PENALTIES.
Unless specifically set forth elsewhere in this chapter, the fines and penalties for parking
violations of the provisions of this chapter and provisions of the Washington Model Traffic
Ordinance as adopted pursuant Chapter 10.04 BMC, defined as an infraction, shall be pursuant to
Chapter 3.01 BMC and Chapter 10.04 BMC.
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10.10.100 FAILURE TO RESPOND – ADDITIONAL PENALTY.
Any person who has been issued a notice of infraction relating to parking pursuant to
BMC 10.10.080(b) above and who fails to respond as provided in RCW 46.63.110, as adopted
by the Washington Model Traffic Ordinance pursuant to Chapter 10.04 BMC pursuant to
Chapter 10.04 BMC, shall pay an additional penalty of twenty-five dollars ($25.00), regardless
of the disposition of the notice of infraction. This enhanced penalty shall be in addition to a
misdemeanor citation which may be issued for failure to respond to a notice of infraction.
10.10.110 VEHICLE IMPOUND – OTHER ENFORCEMENT.
Any vehicle parked and/or used in violation of this chapter, Chapter 10.10 BMC, or any
regulation or restriction established thereunder, or any other applicable provision of the
Bremerton City Code or of any ordinance, is an unauthorized vehicle declared to be a nuisance
which may be summarily abated by the impounding and removal of the vehicle as follows:
(a) Impound with Notice. As authorized pursuant to RCW 46.55.080(1), an
unauthorized vehicle left within a street may be impounded under the direction of a police officer
or parking enforcement officer after notice of such proposed impoundment has been securely
attached to and conspicuously displayed on the vehicle for a period of twenty-four (24) hours
prior to such impoundment pursuant to RCW 46.55.085 under the following circumstances:
(1) Violations of Parking Code. When such vehicle is parked and/or used in
violation of the provisions of this chapter or any other law, ordinance or regulation; or
(2) Chronic Nuisance. A vehicle is hereby declared to be a chronic nuisance
and subject to impound as provided herein when:
(i) Outstanding Infractions. When a vehicle is parked on any street or
City parking facility within the City and there are three (3) or more outstanding parking
infractions issued against the vehicle for each of which a person has failed to respond, failed to
appear at a requested hearing, or failed to pay a parking infraction for at least 45 days from the
date of the filing of the notice of infraction.
(ii) Multiple Infractions. When a vehicle is parked on any street
within the downtown core as defined in BMC 10.10.010 above and said vehicle has been issued
six (6) or more parking infractions while parked on any street within the City, whether paid or
unpaid, within the preceding ninety (90) days. Furthermore, such vehicle may not park on any
street within the downtown core for a period of ninety (90) days from the date of issuance of the
notice of impoundment.
(b) Impound without Notice. As authorized pursuant to RCW 46.55.080(1), a vehicle
may be impounded under the direction of a police officer or parking enforcement officer, with or
without citation and without giving prior notice to its owner as required in Subsection (a) above
hereof, only under the following circumstances:
(1) Public Safety. When a vehicle is unattended upon a street where the
vehicle constitutes an obstruction to traffic or jeopardizes public safety as defined in RCW
46.55.113; or
(2) City Parking Facility. When an unauthorized vehicle is parked in a City
owned or controlled parking facility which is properly posted with parking restrictions pursuant
to RCW 46.55.070.
(c) Other Impoundment. In addition to the impound provisions set forth in
Subsections (a) and (b) above and those penalties established pursuant to this chapter, a vehicle
in violation of any of the parking regulations established herein may be impounded by a
registered tow truck operator at the direction of a police officer pursuant to those requirements
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established in WAC 308-330-406 and other related sections of the Washington Model Traffic
Ordinance as adopted pursuant to Chapter 10.04 BMC. (See RCW 46.55.113)
(d) Immobilization of vehicle. In lieu of impoundment, a vehicle may be
immobilized with a restraining device (ie. boot). A vehicle that has been immobilized for forty-
eight (48) or more hours may be impounded, unless the vehicle needs to be towed sooner for
public safety reasons as set forth is subsection (b)(1) above as determined by the police officer or
parking enforcement officer.
10.10.120 COSTS OF IMPOUND.
(a) The registered owner shall be responsible for all towing and storage costs relating
to impounds of a nuisance vehicle. If the vehicle is immobilized pursuant to this chapter, the
Police Department shall affix to said vehicle a notice setting forth procedures for release and
directing, that in addition to the payment of fines or posting bail, the owner shall pay an
administrative immobilization fee of one hundred dollars ($100.00) before the vehicle may be
released.
(b) If impounded or immobilized, the vehicle shall not be released until the Police
Department, or its designee, parking enforcement officer or towing company, as applicable,
receives a receipt or other notice from the court showing that all infractions and crimes relating
to standing, stopping or parking the vehicle have been paid or otherwise resolved unless such
release is otherwise approved by the Police Department, or its designee or parking enforcement
officer for good reason.
10.10.130 ENFORCEMENT - EXEMPT PERIODS.
Time restrictions on parking, as set forth in this chapter, shall not be effective on City
holidays identified in BMC 1.02.020 or such additional days specifically exempted by Council
resolution, except that enforcement in residential restricted parking zones shall be at the times
posted.
10.10.140 APPEAL.
Appeals relating to the creation, deletion, boundary change or time change of a restricted
parking zone pursuant to BMC 10.10.040(c) above and appeals of traffic infractions and
impoundments pursuant to this Chapter shall be filed with and heard by the Municipal Court
Hearing Examiner pursuant to BMC 2.62.045. Failure to appear at the scheduled hearing will be
deemed a waiver of any rights to contest the declaration.
SECTION 3. Chapter 11.10 of the Bremerton Municipal Code end “Sidewalks –
Duties of Abutting Property Owners” is hereby amended to add a new section relating to
decommissioning and recommissioning of driveways as follows.
Chapter 11.10
SIDEWALKS - DUTIES OF ABUTTING PROPERTY OWNERS
11.10.010 MAINTENANCE OF HAZARDOUS CONDITIONS PROHIBITED.
(a) It shall be the duty of persons occupying property abutting on public sidewalks to
keep those sidewalks free of snow, ice, obstruction or other objectionable thing. It shall be the
duty of the owner and/or any person, firm, or corporation occupying or having charge or control
of any premises abutting upon any public street, right-of-way, or alley, or beneath such public
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sidewalk area in the City to construct, place, cause, create, maintain, or permit to remain upon
any sidewalk part of said right-of-way located between the curbline, or if there is no curbline,
then between the adjacent edge of the traveled portion of such right-of-way and the abutting
property line, any condition, structure, or object dangerous or hazardous to the use of said right-
of-waysidewalk by the members of the general public including, but not limited to, the following
conditions:
(1) Defective sidewalk surfaces including, but not limited to, broken or
cracked cement, stub-toes, depressions within or between sidewalk joints;
(2) Defective cement surfaces placed adjacent to the public sidewalk or
defects at the juncture between said cement surfaces and said public sidewalks, including stub-
toes or depressions at said junction;
(3) Defects in sidewalks or public ways caused or contributed to by the roots
of trees or similar growth or vegetation located either on private adjoining property or on the
parking strip portion of any such street right-of-way;
(4) Defective conditions caused by tree limbs, foliage, brush or grass on or
extending over such public sidewalks or rights-of-way;
(5) Defective conditions on the planting strip, unless posted for parking;
(6) Defects resulting from accumulation of ice and snow on public sidewalks
or on the right-of-way between the curbline or, if there is no curbline, then between the adjacent
edge of the traveled portion of the street roadway and the abutting property line;
(7) Defects consisting of foreign matter on the public sidewalks including, but
not limited to, gravel, oil, grease, or any other foreign subject matter that cause pedestrians using
said sidewalk to fall, stumble or slip by reason of the existence of such foreign matter;
(8) Defective handrails or fences or other similar structures within or
immediately adjacent to said right-of-way.
(b) The term "person occupying property" shall mean owners, tenants, subtenants and
licensees who occupy or are end to occupy and make general use of property.
(1) In the case of apartment houses, rooming houses, courts, and similar
buildings, the term "person occupying property" shall mean that person or persons owning or in
control and management of the building on the property.
(2) In the case of office buildings, duplexes and other property occupied by
more than one (1) person, firm or family and not included in subsection (b)(1) of this section the
term "person occupying property" shall mean each of the owners or occupants of such building
whose premises are on the sidewalk level and they shall be responsible for so much of the
sidewalk as is adjacent to their premises.
(c) For purposes of this section, the term "sidewalk" shall mean part of any right-of-
way located between the curbline, or if there is no curbline, then between the adjacent edge of
the traveled portion of such right-of-way and the abutting property line.
(d) Construction or reconstruction of a sidewalk by the abutting property owner may
be required when necessary for public safety and convenience pursuant to Chapter 35.69 RCW.
11.10.020 DUTY TO MAINTAIN, CLEAN AND REPAIR SIDEWALK.
Whenever any public right-of-way in the City has been improved by the construction of a
sidewalk along either side thereof, the duty and expense of the maintenance, cleaning, repair and
renewal of said sidewalk, including the erection or maintenance of suitable barriers along the
outer margin of said sidewalk where the same is elevated more than two (2) feet above the
abutting property, shall be upon the owner of the directly abutting property. All such repairs
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shall be made after application for and issuance of a proper building permit therefor, as required
by law, and all of such work to be duly inspected and approved by the city engineer or designee.
11.10.030 SIDEWALK RELOCATION.
Any person, firm or corporation desiring to change or relocate any sidewalk in front of
and abutting its property shall make application in writing to the engineering department of the
city, and such application shall contain, among others, the exact location of such proposed
change or relocation, the location of any new sidewalk to be laid and the connections and
locations of other sidewalks upon such street; no change or relocation of any sidewalk shall be
made until the issuance of an appropriate permit therefor.
11.10.040 DRIVEWAYS - DECOMMISSIONING AND
RECOMMISSIONING.
The provisions of this section authorize the decommissioning of driveways not formally
abandoned pursuant to City right-of-way standards in order to allow street parking on parts of
streets fronting the decommissioned driveways and further provide for the recommissioning of
said driveways when appropriate.
(a) Decommissioning of Driveways. The owner of the property upon which a
driveway is located may apply for a decommissioning of the driveway by the filing of a written
request on a form and with the information required by the Department and by the payment of
the required fee set forth in Rate Table G of the City of Bremerton’s rate and fee schedule. Upon
meeting these conditions and a determination of the Director that the driveway is no longer
required and that the area of the street fronting the driveway may be used for street parking, the
City will post the area of the street fronting the decommissioned driveway as authorized for
street parking.
(b) Recommissioning of Driveways. The owner of the property upon which a
decommissioned driveway is located may apply for a recommissioning of the driveway. The
request shall be made by the filing of a written request on a form and with the information
required by the Department and by the payment of the required fee set forth in Rate Table G of
the City of Bremerton’s rate and fee schedule. Upon meeting these conditions and a
determination of the Director that the driveway may be recommissioned, the City will remove
the street signs which authorized parking on the area of the street fronting the decommissioned
driveway.
(c) The City may, at any time, remove the street signs which authorized parking on
the area of the street fronting the decommissioned driveway and prohibit such parking due to
public safety or other related reasons.
11.10.040050 VIOLATION - PENALTY.
(a) Any violation of any provision of this chapter constitutes a civil violation under
Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or
enforcement may be required as provided therein.
(b) In addition to or as an alternative to any other penalty provided in this chapter or
by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor
pursuant to BMC 1.12.020(2). Each day, or a portion thereof, during which a violation occurs
shall constitute a separate violation.
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SECTION 4. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 5. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the___________ day of ____________________, 2013
_________________________________
GREG WHEELER, Council President
Approved this ________ day of ________________________, 2013
_________________________________
PATTY LENT, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ ________________________________
SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the________ day of ______________________, 2013
EFFECTIVE the_________day of ______________________, 2013
ORDINANCE NO. ____________
R:\Legal\Legal\Ordinances\Finance\Parking\Parking Code6 BMC 10.10 - 2013.doc
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Resolution No. _____ amending
and reestablishing fees, fines and penalties
regarding parking and related matters
Study Session Date: February 27, 2013
COUNCIL MEETING Date: March 6, 2013
Department: City Clerk
Presenter: Shannon Corin
Phone: 360-473-5323
SUMMARY: A review of the current fines and penalties for parking infractions was done by the
Municipal Court, City Clerk, Legal and Impark. Administration proposes the changes to simplify the
parking fine structure and be comparable to other jurisdictions.
ATTACHMENTS: Resolution No. ___
FISCAL IMPACTS (Include Budgeted Amount): An estimated $8,000 increase to the Parking Fund
revenue for 2013
STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to adopt Resolution No. _____ amending and reestablishing fees, fines and penalties
regarding parking and related matters.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/25/13
1
2013 Rates and Fees - Table B
RESOLUTION NO. ________
A RESOLUTION of the City Council of the City of
Bremerton, Washington, amending and reestablishing fees, fines
and penalties regarding parking and related matters.
WHEREAS, the City Council desires to amend and reestablish the fees, fines and
penalties regarding to parking and related matters set forth in the Municipal Court - Rate Table B
as established by Resolution No. 3168; NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Rate Table amended. Fees, fines and penalties set forth in
Municipal Court - Rate Table B as established by Resolution No. 3168 are hereby amended and
reestablished herein by this Resolution as set forth in Exhibit A, attached hereto and incorporated
herein by reference.
SECTION 2. Effective Date of Sections 1. The amendment and restatement of
fees, fines and penalties set forth in Section 1 above shall be effective _________, 2013.
SECTION 3. Severability. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this _____
day of __________________, 2013.
_________________________________
GREG WHEELER, Council President
APPROVED AS TO FORM: ATTEST:
__________________________________ ________________________________
ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk
R:\Legal\Legal\Resolutions\Finance\2013 Rates and Fees Tables\2013 Resolution amending Rate Table B.doc
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2013 Rates and Fees - Table B
MUNICIPAL COURT – RATE TABLE B
All Rates Listed Are "Not To Exceed" Fees
B. Municipal Court RATE
1. HEARING EXAMINER APPEAL $65
2. PARKING PENALTIES
Overtime or Reparking or Non-Payment in Collection
Devices:
1st Violation in 30 Days $2530 30
2nd Violation in 30 Days $3260 50
3rd Violation in 30 Days $5690 75
Non-Payment in Collection Devices $25
Loading Zones $1725
No Parking $45
Wrong Way $45
Parked on Sidewalk $5645
Fire Hydrant $45
12" From Curb $1025
Physically Disabled (Public and Private) $250450
Counterfeiting or User of Counterfeit Permits,
Tokens or Script
$500
Unauthorized Use of Permits $150250
All Other Infractions Not Specified Above $27
Replacement of parking permit $10.00
Blocked Driveway $45.00
Expired Tabs $45.00
30 Foot to Stop Sign $45.00
Double Parked $45.00
No Stopping/No Standing $45.00
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2013 Rates and Fees - Table B
Parking Capacity Survey $250.00
All parking infractions set forth in Chapter 10.10 BMC not
identified above
$27.0030
3. TRAFFIC PENALTIES
Inattentive Driving $124.00
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Expansion of Harborside
Conference Center facilities.
Study Session Date: February 27, 2013
COUNCIL MEETING Date: March 6, 2013
Department: Mayor
Presenter: Patty Lent
Phone: 473-5266
SUMMARY: The proposal presented is for the expansion of the Harborside Conference Center
facilities into the top floor of the adjoining Kitsap Transit building. The top floor is owned by Kitsap
Transit and consists of approximately 7,000 square feet. Kitsap Transit has offered to lease the
space to the City with the first two years at no charge. The City will seek funding for the tenant
improvements from the Public Facilities District.
ATTACHMENTS: Data sheets and photos
FISCAL IMPACTS (Include Budgeted Amount): N/A
STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to authorize the Mayor to proceed with plans for the expansion of the Harborside Conference
Center facilities into the top floor of the Kitsap Transit building and to present to the Council any
required funding and lease proposals for final action.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/02/12