ORD 99-33 CITY'S COMMUTE TRIP REDUCTION PLANOrdinance No. 99-33
AN ORDINANCE of the City of Bainbridge Island, Washington, relating
to the city's commute trip reduction plan; and amending Chapter 10.24 of
the Bainbridge Island Municipal Code.
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Chapter 10.24 of the Bainbfidge Island Municipal Code is amended as follows:
10.24.010 Purpose.
The purpose of this chapter is tO establish Commute Trip Reduction Program
requirements for affected employers within the city. These requirements are
intended to promote alternative commute modes and to reduce the total number
of single occupant vehicle commute trips and vehicle miles traveled per
employee, thereby decreasing traffic congestion, automobile related air
pollution, and energy use within the city. The city recognizes the importance of
increasing' individual citizens' awareness of air quality, energy consumption,
and traffic congestion, and the contribution that individual actions can make
toward addressing these issues. ,
10.24.020 Definitions.
The following definitions shall apply in the interpretation and enforcement of
this chapter:
A. "Affected employee" means a full-time employee who begins a regular
work day at a single work site between 6:00 a.m. and 9:00 a.m. (inclusive) on
two or more weekdays per wee~k for at least 12 continuous months. The
following classifications of employees shall be excluded from the definition of
affected employees:
1. Seasonal agriculture employees, including seasonal employees of
processors of agriculture products; and
2. Employees working :at construction work sites, when the expected
duration of the construction is less than 2 years.
B "Affected employer" means a public or private employer that employs 100
or more affected employees.
DOCS\94700\101\0178916.01
C "Alternative commute mode" means any method of commuting other than
that in which the single-occupant vehicle is the dominant mode of
transportation. Telecommuting and compressed workweeks shall be considered
alternative commute modes if they result in reducing commute trips.
D. "Alternative work schedules" means programs such as compressed work
weeks that eli minate the number of commute trips made by affected employees.
E. "Base year" means the period from January 1, 1992, .through December
31, 1992, on which goals for vehicle miles traveled per employee and single-
occupant commute trips shall be based.
F. "Carpool" means any motor vehicle occupied by two to six people
traveling together for a commute trip that results in the reduction of at least one
motor vehicle commute trip.
G. "Commute trip" means a trip made from a worker's home to a work site to
begin a regularly scheduled workday between the hours of 6:00 a.m. and 9:00
a.m. (inclusive) on weekdays.
H. "Commute trip reduction CCTR") goals" mean the goals established by
state law and by the CTR Task Force Guidelines for affected employers. CTR
goals are to reduce the vehicle miles traveled per employee and the single
occupant vehicle commute trips from the base year value established for the
commute trip reduction zone by at least 15 percent by January 1, 1995; by 20
percent by January 1, 1997; by 25 percent by January 1, 1999, and by 35
percent by January 1, 2005.
I. "Commute trip reduction (CTR) plan" means the city's plan that is
designed to achieve reductions in the propoRion of single occupant vehicle
commute trips and the commute trip vehicle miles traveled per affected
employees of affected employers within the city.
J. "Commute trip reduction (CTR) program" means the affected employer's
strategies that are designed to reduce the propoRion of single-occupant vehicle
commute trips and the commute trip vehicle miles traveled per affected
employees.
K. "Commute trip reduction (CTR) task force guidelines" means the official
guidelines to Chapter 70.94 RCW, developed by the Washington State
Commute Trip Reduction Task Force Committee.
L. "Commute trip reduction (CTR) zone" means an area within the city, such
as a census tract or combination of census tracts, that is characterized by similar
employment density, population density, level of transit service, parking
DOC8\94700\ 101 \0178916.01 2
availability, access to high occupancy vehicle facilities and other factors which
are determined to affect the level of SOV commuting,.
M. "Commuter ride matching service" means a system that assists in
matching commuters for the purpose of commuting together.
N. "Compressed workweek" means an alternative work schedule, in
accordance with employer policy, that regularly allows a full-time employee to
eliminate at least one workday every two Weeks by working longer hours during
the remaining days, resulting in fewer commute trips by the employee.
O. "Custom bus/buspool or worker/driver bus" means a commuter bus service
arranged specifically to transport employees to work.
P. "Day(s)" means calendar day(s).
Q. "Dominant mode" means the mode of travel used for the greatest distance
of a commute trip.
R. "Employee transportation coordinator" means a designated on-site
employee who is responsible for administering the employer's CTR program.
S. "Employer" means a sole proprietorship, partnership, corporation,
unincorporated association, cooperative, joint venture, agency, department,
district or other individual or entity, whether public, non-profit, or private, that
employs workers.
T. "Flex-time" is an employer policy that allows individual employees some
flexibility in choosing the time, but not the number, of their working hours to
faci litate the use of alternative commute modes.
U. "Full-time employee" means a person, other than an independent
contractor, scheduled to be employed on a continuous basis for 52 weeks for an
average of at least 35 hours per week.
V. "Good faith effort" means that an employer has met the following
conditions:
1. The employer has met the minimum requirements identified in this
chapter and in RCW 70.94.531; and
2. The employer iS working collaboratively with Kitsap Transit to
continue its existing CTR program or is developing and implementing program
modifications likely to result in improvements to its CTR program over an
agreed upon length of time.
DOCS\94700\101\0178916.01 3
W. "Hearing examiner" means an individual who has been appointed to
conduct public hearings in quasi-judicial matters pursuant to Chapter 2.38
BIMC
X. "Implementation or implement" means active pursuit by an employer to
achieve the CTR goals of RCW 70.94.521 through .551 and this chapter.
Y. "Mode" refers to the means of transportation used by employees, such as
single-occupant vehicle, carpool, vanpool, transit, ferry, bicycle, and walking.
Z. "Newly-affected employer" is an employer that is not an affected employer
upon the effective date of this chapter but becomes an affected employer
subsequent to the effective date of this chapter.
AA. "Presiding officer" means a person or persons designated by Kitsap
Transit to hear and determine a contested Notice of Civil Infraction.
BB. "Proportion of single-occupant vehicle commute trips" CSOV rate")
means the number of commute trips over a set period made by affected
employees in SOV's divided by the number of affected employees working
during that period.
CC. "Single-occupant vehicle ("SOW')" means a motor vehicle occupied by
one employee for commute purposes, includinga motorcycle.
DD. "Single work site" means a building or group of buildings on physically
contiguous parcels of land or on parcels separated solely by private or public
roadways or rights-of-way occupied by one or more affected employers.
EE. "Telecommuting" means the use of telephones, computers, or other
similar technology that permits an employee to work at home or at a location
closer to home than the employer's work site.
FF. "Transit" means a multiple-occupant vehicle operated on a for-hire,
shared-ride basis, including bus, ferry, shared-ride taxi, shuttle bus,
worker/driver bus, or vanpool.
GG. "Transportation demand management C'TDM")" means the use of
strategies to reduce commute trips made by single occupant vehicles and vehicle
miles traveled per employee.
HH. "Vanpool" means a vehicle occupied by seven to 15 people traveling
together for their commute trip.
II. "Vehicle miles traveled CVMT") per employee" means the sum of the
individual vehicle commute trip lengths in miles made by affected employees
DOCS\94700\101\0178916.01 4
over a set period, divided by the number of affected employees during that
period.
JJ. "Week" means a seven-day calendar period; starting on Monday and
ending on Sunday.
KK. "Weekday" means any day of the week,. except Saturday or Sunday:
LL. "Writing" "written," or "in writing" means original, signed and dated
documents. Facsimile (fax) transmissions are a temporary notice of action that
must be followed via mail or delivery of the original signed and dated
document.
10.24.030 City CTR plan.
The city's 1992 Commute Trip Reduction Plan, which is on file with the city
clerk's office, is wholly incorporated herein by reference.
10.24.040 . Responsible agency.
The city has determined that it is within the public's best interest to enter into
an interlocal agreement with Kitsap Transit pursuant to RCW 39.34 and RCW
70.94.527, whereby Kitsap Transit will bethe agency responsible for
implementing and administering the city's CTR plan and this chapter.
10.24.050 Affected employer.
The provisions of this chapter shall apply to all affected employers at any
single work site within the incorporated areas of the city.
10.24.060 Change in status as an affected employer.
Any of the following changes in an affected employer's status may change the
employer's CTR program requirements:
A. Becomes a Non-Affected Employer. If an employer initially
designated as an affected employer no longer employs 100 or more affected
employees and expects not to employ 100 or morn affected. employees for the
next 12 months, that employer is no longer considered an affected employer. It
is the responsibility of the employer to notify Kitsap Transit, in writing, that it is
no longer an affected employer;
B. Change in Status within 12 Months. lfan employer under subsection
A of this section again employs 100 or more affected employees within the
same 12 months as its change in status to an "unaffected" employer, that
employer will be considered an affected employer for the entire 12 months, and
DOCSX94700',101\0178916.01 5
will be subject to the same CTR program requirements as other affected
employers. It is the responsibility of the employer to notify Kitsap Transit, in
writing, that it has become an affected employer; and
C. Change in Status after 12 Months. If an employer under subsection A
of this section again employs 100 or more affected employees more than 12
months after its change in status to an "unaffected" employer, that employer
shall be treated as a newly-affected employer and will be subject to the same
CTR program requirements as other newly-affected employers. It is the
responsibility of the employer to notify Kitsap Transit, in writing, that it has
become an affected employer.
10.24.070 Newly-Affected Employers.
A. Reporting Date. Newly-affected employers shdll identify themselves to
Kitsap Tamit within 90 days of becoming an affected employer or after
moving into the city's boundaries.
B. CTR Program Submittal. Newly-affected employers shall be granted a
minimum of 180 days from the date of official notification by Kitsap Transit
that they are an affected employer or from the date of self-identification to
develop and submit a CTR program.
C. CTR Goals. Newly-affected employers shall have two years from the date
of their CTR program approval to meet the first CTR goal of 15 percent; four
years from the date of their initial CTR program approval to meet the second
CTR goal of 20 percent; six years from the date of their initial CTR program
approval to meet the third CTR goal of 25 percent; and 12 years from the date
of their initial CTR program approval to meet'the fourth CTR goal of 35
percent.
10.24.080 Notification of applicability.
A. Publication of Notice. In addition to the city's established public
notification procedures for adoption of an ordinance or an amendment to an
ordinance, a notice of the availability of a summary of this chapter or an
amendment to this chapter shall be published at least once in the city's official
newspaper within 30 days of the effective date of this chapter or any
amendments hereto.
B. Notice to Known Affected Employers. Known affected employers within
the city shall receive written notification from Kitsap Transit that they are
subject to this chapter. Kitsap Transit shall also send to all known affected
employers notice of any amendments to this chapter. Such notices shall be by
certified mail or delivery, return receipt requested, addressed to the employer's
DOCS\94700\101\0178916.01 6
employee transportation coordinator. Such notification shall be delivered
within 30 days of the effective date of this chapter or any amendments hereto.
C. Self-Identification. Affected employers who, for whatever reason, do
not receive notification within 30 days of the effective date of this chapter shall
identify themselves to Kitsap Transit within 90 days of the effective date of this
chapter. Upon self-identification, such affected employers will be granted 180
days from identifying to submit a CTR program.
10.24.090 CTR program submittal date.
Except as otherwise provided in this chapter, not more than 180 days from the
effective date of this chapter, all affected employers within the city shall submit
a CTR Program to Kitsap Transit.
10.24.100 CTR program implementation date.
Except as otherwise provided in this chapter, an affected employer's CTR
program shall be implemented not more than 180 days from the date the CTR
program was initially submitted to Kitsap Transit for approval.
10.24.110 Mandatory CTR program elements.
The employer's CTR program must be designed to achieve the CTR goals set
forth in this chapter. The employer shall make a good faith effort, as defined in
this chapter and in RCW 70.94.534(2), to develop and implement a CTR
program that will encourage its employees to reduce VMT per employee and
SOV commute trips. At a minimum, an employer's CTR program shall include
the following elements:
A. Site Description. A general description of the employment site location,
which shall include a description of: the level of transit service, parking
availability, access to highways, and unique conditions experienced by the
employer or its employees that might affect the level of SOV commuting and
VMT per employee.
B. Employee Information. The total number of affected employees.
C. Employee Transportation Coordinator. The name of the employer's
designated employee transportation coordinator 0iTC) appointed to administer
the CTR program. The ETC's name, location, and telephone number must be
displayed prominently at each affected work site. The ETC shall oversee all
elements of the employer's CTR program and shall act as liaison between the
employer and Kitsap Transit.
DOc s\94700\ 101 \0178916.01 7
D. Information Distribution. A commitment to regularly distribute to its
employees information about alternatives to SOV commuting. Each employer's
subsequent annual report must include a description of the information to be
distributed and the method of distribution.
E. Annual Progress Report. A commitment to annually review employee
commuting and progress toward meeting the CTR goals. Affected employers
shall file an annual progress report with Kitsap Transit. The annual report form
shall be provided by Kitsap Transit and shall be consistent with the CTR task
force guidelines. Survey information or approved alternative information must
be provided in the reports submitted by affected employers in the second,
fourth, sixth, eighth, tenth and twelfth year after program implementation
begins.
F. Record Keeping. A list of records that shall be kept by the employer that
can be used to evaluate the employer's CTR program. Kitsap Transit and the
affected employer shall agree in writing on the record keeping requirements as
part of the affected employer's approved CTR program. Employers shall
maintain all reco~;ds listed in their CTR program for a minimum of 24 months.
G. Specific Measures. In addition to the mandatory program elements
described above, the employer's CTR program shall include specific measures
to be implemented to meet the CTR goals. These measures may include, but are
not limited to, one or more of the following:
1. A provision for preferential parking or reduced parking charges, or
both, for high-occupancy vehicles;
2. An implementation or increase of parking charges for SOV's;
3. A provision for commuter ride matching services to facilitate employee
ride-sharing for commute trips;
4. A provision for subsidizing transit fares;
5. A provision for vans or buses for use as vanpools or custom
bus/buspools (Kitsap Transit's worker/driver buses);
6. A provision for subsidizing carpools or vanp0ols;
7. A provision permitting the use of the employer's vehicles for
carpooling or vanpooling purposes;
8. A provision permitting flex-time to facilitate employees' use of transit,
carpools, or vanpools~
DO(; S\94700\ I 01 \0178916.01 8
9. A provision for cooperation with transportation providers to provide
additional regular or express service to the work site;
10. A provision for the construction of special loading and unloading
facilities for transit, earpool, and vanpool users;
11. A provision for bicycle parking facilities, lockers, changing areas, and
showers for employees who bicycle or walk to work;
12. A provision for a parking incentive program, such as a rebate for
employees who do not use the parking facilities;
13. A provision establishing a telecommuting program to permit
employees to work part-or full-time at home or at an alternative work site closer
to their homes~
14. A provision establishing a program of alternative work schedules,
such as a compressed workweek that reduces commuting;
15. A provision establishing a guaranteed ride home program that would
guarantee, in cases of emergency, transportation home to those employees who
normally use an alternative commute mode;
16. A provision implementing other measures designed to facilitate the
use of high-occupancy vehicles, Such as on-site day care facilities and
emergency taxi services.
10.24.120 Request for modification of CTR program elements.
An affected employer may request a modification of the CTR program
elements. This request must be i,n writing and delivered to Kitsap Transit. An
employer's request for a modification of the CTR program may be granted by
Kitsap Transit if either of the following conditions are met:
A. Beyond Employer's Control. The affected employer demonstrates that it
is unable to comply with the CTR program element(s) for which the affected
employer seeks' an exemption due to reasons beyond the control of the
employer; or
B. Undue Hardship. The affected employer demonstrates that compliance
with the CTR program element(s) would constitute an undue hardship to the
employer.
10.24.130 Exemption from CTR Program.
DOCS\94700\ 101 \01799 16.01 9
A. Exemption from all Requirements. An affected employer may submit to
Kitsap Transit a written request for an exemption from all CTR program
requirements, or from penalties for a particular work site. In making such a
request, the employer must demonstrate that it would experience undue hardship
in complying with the requirements of this ordinance as a result of the
Characteristics of its business, its work force, and/or its location(s). The
employer's request should clearly identify the circumstances under which the
affected employer seeks an exemption from all CTR program requirements. An
exemption may be granted only if the affected employer demonstrates that it
faces extraordinary circumstances and is unable to implement any measures that
could reduce the proportion of SOV trips and VMT per employee. Exemptions
under this section may be granted by Kitsap Transit at any time following the
employer's written request for exemption. Kitsap Transit shall review annually
all employers receiving exemptions. and shall determine whether the exemption
will continue to be in effect during the following program year.
B. Exemption for Employees Using Vehicles for Work. An affected
employer may submit to Kitsap Transit a written request to exempt specific
employees that are required to use their own vehicles during the workday for
work purposes. The employer shall provide documentation indicating the
number of employees who meet this condition and shall demonstrate that no
reasonable alternative commute mode exists for these employees. Under this
circumstance, the applicable CTR goals shall not be modified; however those
employees whose work duties require daily access their vehicles shall be
excluded from the calculations of the ratio of SOV commute trips and VMT per
employee, used to determine the empioyer's progress toward meeting its CTR
program goals.
C. Exemption for Variable Shift. An affected employer may submit a written
request to Kitsap Transit to exempt specific employees who work variable shifts
throughout the year and who do not rotate as a group to identical shifts. Kitsap
Transit will use the criteria identified in the CTR task force guidelines to assess
the validity of an employee exemption request made pursuant to this subsection.
Kitsap Transit shall review annually all employee exemption requests, and shall
determine whether the exemption will be in effect during the following program
year.
10.24.140 CTR zone and values.
The Board of Commissioners of Kitsap Transit shall be authorized to establish
by resolution the CTR zones within the city, the boundaries of these zones, and
the base year values for SOV rate and VMT per employee within the CTR
zone(s). This resolution shall be passed by January 31, 1993.
10.24.150 Percentage reductions of SOVs and VMT per employee.
IX)C SL94700X I 01 x0178916.01 l 0
The CTR goals for an affected employer's CTR program shall be a reduction
in the proportion of SOV commute trips and VMT per employee as follows:
1. 15% by 1995;
2. 20% by 1997;
3. 25% by 1999; and
4. 35% by 2005.
These reductions shall be measured from the base year values of the CTR zone
in which the affected employer is located. The methods used to determine an
affected employer's SOV rate and VMT per employee shall be consistent with
the CTR task force guidelines.
10.24.160 Modification of CTR program goals.
An affected employer may request that Kitsap Transit modify the employer's
CTR goals. Such request shall be in writing and filed with Kitsap Transit at
least 60 days prior to the date the employer is required to submit its program
description and annual report. The goal modification request must clearly
explain why the employer is unable to achieve the applicable goal. The
employer must also demonstrate that it has implemented all the elements
contained in its approved CTR program. Kitsap Transit shall review and decide
requests for goal modifications in accordance with procedures and criteria
identified in the CTR task force guidelines. An employer may not request a
modification of the applicable goals until at least one year after Kitsap Transit
has approved the employer's initial program description or annual report.
10.24.170 Credit for programs implemented prior to the base year.
Employers with successful transportation demand management (TDM)
programs implemented prior to the 1992 base year, may be eligible to receive a
special one-time CTR program exemption credit, which exempts them from
most CTR pwgram requirements. Affected employers wishing to receive this
credit must apply in writing to Kitsap Transit within 90 days of the adoption of
this ordinance. The employer's application shall include data from a survey of
employees or equivalent to establish the applicant's VMT per employee and
proportion of SOV commute trips. The survey or equivalent data shall conform
to all applicable standards established in the CTR task force guidelines. An
affected employer shall be considered to have met the 1995 CTR goals if their
VMT per employee and proportion of SOV commute trips are equivalent to a 12
percent or greater reduction from the base year CTR Zone values. These three
percentage point credits apply only to the 1995 CTR goals.
10.24.175 Credit for modification of employee work schedules.
DOCS\94700\101\0178916.01 | |
Employers that modify their employee work schedules so that some or all
employees are not scheduled to arrive at work between 6:00 a.m. and 9:00 a.m.
shall be provided credit when calculating the SOV use and VMT at the
employer's work site. This credit shall be awarded if the employer's
implementation of a modified work schedule was an identified element in that
employer's approved CTR program, or if the schedule change occurred because
of impacts associated with this chapter and Chapter 37.60A RCW, the Growth
Management Act. Employers wishing to receive this credit must apply in
writing to Kitsap Transit. '
10.24.180 Process to apply for CTR program exemption credit.
A. Affected employers may apply for program exemption credit for the
results of.past or current CTR efforts by applying in writing to Kitsap Transit in
their initial CTR program description or as part of any other annual CTR
progress report. The employer's application shall include results from a survey
of employees, or equivalent information that establishes the applicant's VMT
per employee and proportion of SOV commute trips. The survey or equivalent
information shall conform to all applicable standards established in Section 7,
Survey Guidelines, of the CTR task force guidelines.
B. Employers that apply for program exemption credit and whose VMT per
employee and proportion of SOV commute trips are equal to or less than the
CTR goals for one or more future goal years, and that commit in writing to
continue their current level of effort, shall be exempt from the requirements of
this chapter, except for the requirements to report performance in 1995, 1997,
and 1999. If any of these reports indicate the employer does not satisfy the next
applicable CTR goal(s), the employer shall immediately become subject to all
requirements of this chapter.
10.24.190 Notice of leadership certificate.
As public recognition for their efforts, affected employers who meet or exceed
the CTR goals as set forth in this chapter, shall receive a Commute Trip
Reduction Certificate of Leadership from the city. A notice of this Certificate
of Leadership shall be published in the city's official newspaper.
10.24.200 CTR program review.
A. Approval. Kitsap Transit shall review each affected employer's initial
CTR program to determine if the program is likely to meet the applicable CTR
goals. Kitsap Transit shall provide the employer with written notification if the
employer's CTR program is deemed acceptable. Such notification shall be by
personal delivery or certified mail, return receipt requested, addressed to the
employer's employee transportation coordinator. If the employer receives no
written notification of extension of the review period or comment on the CTR
DOCS\94700\101\0178916.01 12
program within 45 days of the program's submission, the employer's CTR
program shall be deemed approved; provided, that Kitsap Transit may extend
the review period up to 90 days by providing the employer written notice of the
extension. The implementation date for the employer's CTR program shall be
extended an equivalent number of days.
B. Conditional Approval. Kitsap Transit may determine that an employer's
CTR program is approved on the condition that certain aspects of the program
be modified. In this case, Kitsap Transit shall notify the affected employer of
the required modifications. Such notification shall be by personal delivery or
certified mail, return receipt requested, addressed to the affected employer's
employee transportation coordinator. Affected employers shall be given 30
days from the date of such notice to submit a revised CTR program in
accordance with the required modifications. Kitsap Transit shall have 30 days
from the date the revised CTR program is received to accept or reject the
revised CTR program.
C. Rejection. Kitsap Transit shall provide the employer with a written notice
of rejection if the employer's CTR program is deemed unacceptable. Such
notice shall be by personal delivery or certified mail, return receipt requested,
addressed to the affected employer's employee transportation coordinator within
45 days of the CTR program's submittal date. The notice shall specify the
reason(s) for the rejection. Kitsap Transit shall schedule a meeting with the
affected employer within 21 days of the date of notice. During the meeting,
Kitsap Transit shall provide technical assistance to the affected employer. The
affected employer shall be given 30 days from the date of the meeting to submit
a revised. CTR program. Kitsap Transit shall have 30 days to accept or reject
the revised CTR program.
10.24.210 CTR annual progress reports.
Kitsap Transit shall establish the affected employer's annual reporting date
upon review of the employer's initial CTR program. The reporting date shall
not be less than 12 months from the date the employer's CTR program was
approved. Each year on the employer's reporting date, the employer shall
submit to Kitsap Transit its annual CTR program progress report. Kitsap
Transit shall provide and the affected employer shall use a standard annual
report form.
10.24,220 Extensions.
An affected employer may request from Kitsap Transit additional time to
submit a CTR program or CTR annual progress report, or to implement or
modify a CTR program. Such requests shall be made in writing and shall be
personally delivered or mailed via certified mail, return receipt requested, to
Kitsap Transit not less than 30 days prior to the due date for which the extension
DOC S \94700\ 101 \0178916.01 13
is being requested. Extensions not to exceed 90 days may be considered for
reasonable cause. Kitsap Transit shall grant or deny the empioyer's extension
request by certified letter, return receipt requested, within fifteen (15) days of
receiving the request. If there is no response issued to the employer, an
extension shall be automatically granted for 30 days. Extensions shall not
exempt an employer from any responsibility in meeting the CTR goals.
Extensions granted due to delays or difficulties with any CTR program
element(s) shall not be cause for discontinuing or failing to implement other
program elements. An employer's annual reporting date shall not be adjusted
permanently as a result of these extensions. An employer's annual reporting
date may be extended at the discretion of Kitsap Transit.
10.24.230 Compliance.
Except as otherwise provided in this chapter, compliance shall mean fully
implementing all provisions in an accepted CTR program and satisfying the
requirements of this chapter.
10.24.240 Required CTR Program Modifications.
A. Kitsap Transit shall use the following criteria in determining whether an
affected'employer shall be required to make modifications to its CTR program:
1. Achieves Either or Both Goals. If an employer makes a good faith
effort, as defined in this chapter and in RCW 70.94.534(2), and meets either or
both the applicable SOV or VMT goal(s), the employer shall be d~med to have
satisfied the objectives of the CTR plan and shall not be required to modify its
CTR program.
2. Fails to Achieve Either Goals.
a. With Good Faith Effort - If an employer makes a good faith
effort, as defined in this chapter and in RCW 70.94.534(2), but has not met or is
not likely to meet the either the applicable SOV or VMT goal, Kitsap Transit
shall work with the employer to make modifications to the empioyer's CTR
program. After making modifications acceptable to Kitsap Transit, the
employer shall submit a revised CTR program description to Kitsap Transit for
approval within 30 days of reaching an agreement.
b. Without Good Faith Effort - If an entployer fails to make a
good faith effort, and fails to meet either the applicable SOV or VMT reduction
goal, Kitsap Transit shall work with the employer to identify necessary
modifications to the CTR program and shall direct the employer to revise its,
program within 30 days to incorporate the modifications. In response to the
recommended modifications, the employer shall submit a revised CTR program
description, including the requested modifications or equivalent measures,
DOCS\94700\101\0178916.01 14
within 30 days 0freceiving written notice to revise its program. Kitsap Transit
shall review the revisions and notify the employer of acceptance or rejection of
the revised program. If a revised program is rejected, 'Kitsap Transit shall send
written notice to that effect to the employer within 30 days and, if necessary,
require the employer to attend a conference with program review staff for the
purpose of reaching a consensus on the required program. A written final
decision on the required program shall be issued by Kitsap Transit within ten
working days of the conference.
10.24.250 Violations.
The following shall constitute violations of this chapter:
A. Failure to develop and/or submit a complete CTR program by the
applicable deadlines, as stated in this chapter.
B. Failure to implement an approved CTR prOgram by the applicable
deadlines, as stated in this chapter.
C. Failure to modify an unacceptable CTR program by the applicable
deadlines, as stated in this chapter.
D. Failure of an affected employer to identify itself to Kitsap Transit within
90 days of the effective date ofthis chapter.
E. Failure of a newly-affected employer to identify itself to Kitsap Transit
within 90 days of becoming an affected employer.
F. Failure to timely submit an annual CTR program progress report to Kitsap
Transit.
G. Failure to maintain agreed upon CTR program records.
H. Intentionally submitting false information, data and or survey results.
I. Failure to make a good faith effort in meeting the minimum requirements
of this chapter or in implementing necessary modifications to the employer's
CTR program, as defined in this chapter and in RCW 70.94.534(2).
Failure of an employer to reach the applicable CTR reduction goals shall not
constitute a violation of this chapter.
10.24.260 Penalties.
A. Class I Civil Infraction. Any affected employer violating any provision of
this chapter shall be liable for a Class I Civil Infraction, and subject to civil
DOCSX94700\I01\0178916.01
penalties pursuant to RCW 7.80. 120. Kitsap Transit shall issue civil infractions
pursuant to this chapter.
B. Separate Offenses. Such affected employer shall be liable for a separate
offense for each and every day during any portion of which any violation of this
chapter is committed or continued and shall be subject to civil penalties as
herein provided.
C. Failure Due to Union. An employer shall not be liable for civil penalties if
failure to implement an element ofa CTR program was the result of an inability
to reach agreement with a certified collective bargaining agent under applicable
laws where the issue was raised by the employer and pursued in good faith.
Unionized employers shall be presumed to act in good faith compliance if they:
1. Propose to a recognized union any provision of the employer's CTR
program that is subject to bargaining as defined by the National Labor Relations
Act; and
2. Advise the union of the existence of the Washington State CTR Law,
this chapter, and the mandates of the CTR program approved by Kitsap Transit
and advise the union that the proposal being made is necessary for compliance
with this chapter and state law.
D. Not Liable. No affected employer with an approved CTR program shall
be held liable for failure to reach the applicable SOV or VMT goals.
10.24.270 Adjudicative procedure.
A. Service of the Notice of Infraction. An adjudicative procedure under this
chapter shall be commenced by the issuance of a Notice of Civil Infraction.
Service of a Notice of Civil Infraction shall be by personal service or by
certified mail, return receipt requested.
B. Contents of the Notice of Civil Infraction. The Notice of Civil Infraction
shall contain the following:
1. A statement that the notice represents a determination that a civil
infraction has been committed by the affected employer or neWly-affected
employer named in the notice and that the determination is final unless
contested as provided in this chapter.
2. A statement that a civil infraction is a non-criminal offense for which
imprisonment may not be imposed as a sanction.
3. A statement identifying the party issued the Notice of Civil Infraction.
I.~)CS\94700\101 \0178916.01 16
4. A statement identifying the nature of the violation for which the notice
was issued.
5. A statement of the monetary penalty established for the civil infraction.
6. A statement identifying the party's right to appeal the Notice of Civil
Infraction, and the appeal procedure.
7. A statement that a party must respond to a Notice of Civil Infraction
within 15 days of the date the Notice of Civil Infraction is received.
8. A statement that failure to respond to the Notice of Civil Infraction as
directed in this chapter shall result in the entry of a default judgment against the
party named in the Notice of Civil Infraction for the cited monetary penalty.
C. Failure to Respond. A Notice of Civil Infraction represents a
determination that a Civil Infraction has been committed. The determination
shall be final unless appealed as provided in this chapter.
D. Hearing on a Civil Infraction.
1. An affected employer or newly-affected employer issued a Notice of
Civil Infraction may request a hearing on the Notice of Civil In~'action by
submitting to the Presiding Officer a written request for a hearing not later than
15 days from the date the Notice of Civil Infraction was served. For the
purpose of this subsection, a Notice of Civil Infraction that is served via
certified mail, return receipt requested, shall be deemed to have been served
three days after the Notice was placed in the U.S. Mail.
2. The Presiding Officer shall schedule a meeting between the affected
employer or newly-affected employer and the Presiding Officer not later than 15
days after a timely hearing request is filed. At such meeting, the affected
employer or newly-affected employer shall explain its view of the alleged
Infraction and the Presiding Officer shall explain Kitsap Transit's view of the
matter.
3. The Presiding Officer shall consider the testimony offered by the
employer or newly-affected employer and Kitsap Transit's position in reviewing
the propriety of the Notice of Infraction. If the Presiding Officer shall, within
ten days after the meeting, serve the employer and Kitsap Transit with a written
determination. The written determination shall state the Presiding Officer's
reason(s) for affirming or overturning the Notice of Infraction. In cases where
the Presiding Officer affirms the Notice of Infraction, the written determination
shall also include information about appeal procedures.
DOCS\94700\101 \0178916.0 | 17
4. The written findings of the Presiding Officer shall be considered an
initial order. If the affected or newly-affected employer does not appeal as
provided for in this chapter, the initial order shall become the final order.
10.24.280 Appeals.
A. Venue. The affected or newly-affected employer may appeal the initial
order of the Presiding Officer to the South Division of the Kitsap County
District Court. Alternatively, the employer may appeal the initial order pursuant
to the administrative process set forth in subsection C of this section.
B. Time. An appeal of the Presiding Officei"s initial order pursuant to this
section shall be commenced by filing within 30 days of the issuance of the
Presiding Officer's written determination, a written notice of appeal with the
district court, in cases where the employer seeks review by the district court, or
with Kitsap Transit, in cases where the employer seeks administrative review
pursuant to this section.
C. Administrative Review Process.
1. Upon receiving a timely written notice of appeal of the Presiding
Officer's initial order, Kitsap Transit shall hire and pay for a hearing examiner
for the sole purpose of hearing the appeal of the order.
2. Appeals shall be heard within 60 days of the date the notice of appeal is
received by Kitsap Transit; provided, that no appeal shall be set less than 15
days after notice of the date for the appeal is mailed by certified mail, return
receipt requested, to the party seeking review.
3. The Hearing Examiner shall evaluate employers' appeals of initial
orders issued pursuant to BIMC 10.24.270 by determining if the decisions were
consistent with this chapter, the Washington State CTR Law and the CTR task
force guidelines. The Presiding Officer's initial order may be overturned by
the Hearing Examiner if the employer establishes that the violations for which
the employer was cited occurred for the reasons beyond the control of the
employer, or, in cases where the employer was cited for failing to modify its
CTR program as directed by Kitsap Transit, the employer establishes that the
modifications required by Kitsap Transit are unlikely to reduce the proportion of
SOV commute trips and/or VMT per employee.
4. The decision of the hearing examiner shall be final, unless appealed to
the Kitsap County Superior Court within 20 days from the date of the issuance
of the decision.
Section 2. This ordinance shall take effect and be in force five days from and after
its passage, approval and publication as required by law.
[X)CS\94700\101\0179916.01 18
PASSED by the City Council this 281h day of July
,1999.
APPROVED by the Mayor this 291h day of
ATYEST/AUTHENTICATE:
July , 1999.
Dwig t Sutton, Mayor
$ u~P~~.Kasper~,'C i ~ ~
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
l~ASSED BY THE CITY COUNCIL:
PUBLISHED:
FtFFECTIVE DATE:
ORDINANCE NO.:
July 9, 1999
July 28, 1999
August 4, 1999
August 9, 1999
99-33
DOCS\94700\101\0178916,01 19