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ORD 2009-16 COMMUTE TRIP REDUCTION PROGRAM r:: :'.-:' 'l . . ! ORDINANCE NO. 2009-16 . _.-. - j ; AN ORDINANCE of the City of Bainbridge Island, Washington, to accept and adopt an updated Connnute Trip Reduction Program and amend Chapter 10..24 of the Bainbridge Islalld'Municipal Code. '."~:,..J . - -... :. WHEREAS, the Washington State Legislature passed the original Connnute Trip Reduction.(CTR) Law in 1991;. and WHEREAS, the. City. of Bainbridge Island accepted a ~.o~ute Trip. R~duction Plan prepared for the City by Kitsap Transit, and subsequently passeq ,Ordinance No~ 9-3~09; creating -. Bainbridge, Island ..:Municipal Code (BIMC).. Chapte'r 10.24 entitled Commute Trip R?duction Program in 1993; and.. WHEREAS, as -an affected employer, the .City has created a. Commute Trip Reduction program for its employees, including elements such as covered bicycle parking, locker room, designated carpool parking spots, and a quarterly stipend; and WHE~A.S, .lhe "Commute Trip ,Red~cti()n (erR). ~ffici~ncy. Act" was passed by the Washington State Legislature in 2006, modifying the previous CTR law; and WHEREA~, s~id 2006 legislation, requires that the. City update its Connnute Trip Reduction Plap. ~nd BIMC Chapter. 1 O~~4; and . . WHEREAS, ~itsap Transit has coordinated the. preparation of updates to the local CTR plans for Kitsap County, and the Cities of Bremerton, Port Orchard, and Bainbrid.ge Island by contr~cting. with .Perte~t, Inc., a transportation planning firm, to assist the~. in preparing the local CTR plans.. .by meeting with representatives from the.. jurisdictions tlrroughout the plan development process; and . , WHEREA.S, ~itsap Transit submitted the Draft CTR Plans to the Puget Sound Regional Council (PSRC) in April 2007, and PSRC approved the plans in February 2008; and. WHEREAS, there are. updates required to be made to BIMC Chapter 10.~24 Commute Trip Reduction Program in order to bring the program into compliance with the 2006 Commute Trip Reduction Efficiency Act; now, therefore .. . . THE CITY, COUNCIL. O~ _THE CITY .OF BAINBRIDGE ISLAND, WASHINGTON, DOES OWlAIN AS FOLLOWS: Sec~ion .1. Chapter 1 O~24 of the Bainbridge Island Municipal Code IS hereby amended to re~d as follows: "Chapter 10.24.. r?1-::. .. . 'l,.._ ,-".. COMMUTE TRIP REDUCTION PRO.GRAM 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 mo.des and to reduce the total numb_et of single..occuparit vehicle commute trips and vehicle miles traveled per employee, . 'thereby. decreasing traffic congestion, automobile related air pollution, and enefgy 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 issue.s. 10.24.020 Definitions. The following definitions shall apply in the interpretation.and.enforcement of this chaprer: ' A~ : "Affected employee" means a full-time employee who. begins a regular workday at a single worksite covered by the Commute'. Trip Reduction Plan b~tween 6:00. a.m. and 9:00 a.m. (inclusive) on two ill or more weekdays f'eF ,Week for at least twelv.e (12} continuous months who. is not an independ~nt :con_tractor~ : The fol~o~tving. classifications of employees shull b.e Seasonal .. agri~ultural employees" including seasonal employees of processors of . .agricultural products~ are excluded: from the definition count of affected. employees. if-...]. .~ . -~. r : "'l: ". I~~~~': . . 1. Seasonal agriculture employees, including seasonal employees of processors. of agric-ulture produots; and .. . . . . 2. E~ploy'ees '\.~.~rking at construction .'I,:v=orlcsites, "tvhen tho o}cpected duration.. of the construction. is less than t'l"yO year's. _.B. ":Affeqted etl).ployer" means an public or pri"vate employer that ~mploys one hundred (1 DO} or tnore affected full time employees at a single worksite covered by the Commute Trip Reduction Plan who are scheduled to. begin their regular work day.between 6.:00 a..m~ and 9:00 a..m. (inclusive) on two or more weekdays for at least twelve (12) continuous- months. Construction worksites'l when the expected duration of the construction is less than two (2) years" are excluded frbm this definition. (See also definition of employer.) . I J 2 c. "Alternative comniute mode" mea~s any ~~ethod of commut~ transportation other than that in which the single-occupant motor vehicle is the dominant mode.1of transportation. including t+elecommuting, and compressed work_weeks schedules. shall.. be coi1s~idered alternativ:e commute modes if they result in reducing .commute trips. . D. "Alternative work schedules" means programs. such. as .compressed .work weeks-schedules that eliminate the number of commute work trips made.. by for affected. emp]oyees~ . ... . F. "Base year survey" or "baseline measurement" means the survey" during the base y.ear.; of. employees at a major employer worksite to determine the drive- alone. .rate ... land. vehicle miles traveled per employee at.. the worksite. The jurisdiction uses this measurement to. develop cominute trip. reduction {Zoals for the maiar employer. The baseline measurement must be implemented in a manner that meets the requirements specified by the city. OF. "Carpool?' means any motor vehicle, including a motorcycle, occupied by two to six people of at least 16 years of age traveling together for a.their commute trip.1 that resultsing. in the reduction of at least a minimum of one motor vehicle commute trip. . HG~ "Commute trip~" means a--trip~ made .from a worker's home to a.worksite te begin a regularly scheduled .;l'vorkday bet'1{een the hours of 6:00 a.m. and 9:00 a.m. (inclusi~/c) on weekdays. H. "Commute. trip reduction ("CTR") goals" mean- the goals established by state lu--l'Y and by the CTR task force guidelines for affected employers. CTR goals are to reduce the 'vehicle miles tra"velcd 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 Jnnuar)~ 1,2005. I. "erR". is the abbreviation of Commute Trip Reduction. II. "Commute trip reduction (CTR) plan" means the city's plan that is designed to achieve reductions in the proportion of single-occupant vehicle commute trips and 3 the. commute. trip vehicle miles traveled per affected employees of affected employers within the city. , 1 . 1 KJ. "Commute trip reduction (CTR) program" means the affected. an employer's strategies that arc designed to reduce the prop~rtion of single ..occupnnt employees' drive-alone 'vehicle commute trips and the commute trip average vehicle miles trav.eled per affected employees.. K. "Commute trip reduction (CTR) tusl( force guidelines" means the official guidelines to Chapter 70.91 RC'.l/, de--yJ'eloped by the Washington State Commute Trip Reduction Tusk Force Committee. L. "Commute.trip reduction (CTR) zone" means an area. "Cyvithin the.city, such as u census. tract or combination of census tracts, that is characterized by similar employment. density, population density, le'l:/el. of . transit service, .parklng u'l:yJ'uilability, access to high occupancy 'vehicle faoilities. and other factors "y-'l')'hich are dctcrmineq to affect the le--/el of 80\' comm,uting. L. ('Commute trip vehicle miles traveled per emvloyeell means the. sum .of ..~e individual vehicle.commute trip lengths in miles over.a set period.divided by.the numb.er. of full-time employees during that period. . . M. "Commuter ride matching service" means. a system that assists in matching commuters for the purpose of commuting together. .f'] .~.. :.l 't.. ~<- N. "Compressed Wwork Wweek" means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one work_day every two weeks by working longer hours 'clur~i1g the remaining days, resulting in fewer commute trips by the employee.. This definition is .primarily ihtendetl. to include~-weekly and hi-weekly. arrangernerlts'l. the inosttypical being four 10-hour days or 80 hours in nine days. but may also include other arrangements~ o. "Custom. bus/buspool or 'I,:'lorker/dri"ler bus" means a commuter bus serVice arranged specifically to transport employees to work~ P. Repealed--by Ord. 2003-22. Q. "Dominant mode" means the mode of travel used for the greatest distance df a commute trip. R~ "Drive-Alone" means a motor vehicle occupied by one (1) employee for commute purposes" including a motorcycle.. s. uDrive-Alone Tripsn means commute trips made by employees in single occupant vehicles. LJ 4 ~_.. . " . ...... . . . . IR~~~'ElIlployee.transportation coordinator. (ETC)" means a person designated on _ -'-.. site employee.. who is designated. as_~; responsible fOf... t~e development~ -- imple111entation.--- and monitoring of an administering - the employer's CTR .progr~. . . '. US. "Employer" means a sole proprietorship, partnership, corporation,. unincorporated association, cooperative, joint venture, agency, department, district" or other .individu.al or entity, whether p.ublic, nonprofit, or private, that employs workers~ - : v. "Exemption" means a waiver from any or all CTR program requirements gratited to an employer by Kitsap Transit based on unique condition-g that.apply to the employer or- employment site. __ W+. "Flex-time" is an employer policy that provides work schedules allowsing . '.individual e~ployees same flexibility.in choosing the start. and end time, but not the .number., of their working, hours to 'facilitate the use of alternative- commute modes. XY. '~Full-time employee" means a person, other than an independent contractor, whose position is. scheduled to be employed on a continuous basis for fifty-two {52} weeks for.all_average of.at least thirty-five {35} hours per week. ,- . - YlI-. "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 an~ this chapter; 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.. . Z:W. Repealed by Ord. 2003-22. A~. "Implem~ntation" or "implement" means active pursuit by an employer te uchitf(/e of_ the' CTR. goals of RC.W 70.94.521-555 through 70 ~91.551 and this chapter as' evidenced by appointment of an employee transportation. coordinator (ETC) 'I distribution of information to employees regarding alternatives to drive- alone commuting" and commencement of other measures according to its approved eTR program and schedule. . ,; 5 BE. .'A maior employer" means a private or public employer.. including state agencies" that employs one hundred (100) or more full-time employees at a single worksite yvho: are scheduled to. begin their regular. work ,day between...6.:00 a~in~.. and 9:0.0 a.m.: on weekdays for at,least twelve (12) continuous months~. .' -1 j . . CC. "Major employer worksite" or "affected employer ~orksite" or "worksite'; means the physical location occupied by a major employer. as determined by lhe local i.urisdictioo. DD~ ~"Maior : employment installation" means a military base or federal reservation~. excluding tribal reservations'l or other locations as designated .by .,the citY'I-at which there are one hundred (100) or more affected employees. EE3f. "Mode'.' ,. refers to the means .of transportation .used by employees, such as single-occupant vehicle, carpool, vanpool, transit, ferry, bicycle, flB(l walkihg.1 compressed work week schedule and telecommuting~ z. '.'Ne....vly affected emplo)rer" is an employer that is not an affeoted .employer upon the effecti"yTC date. of this chapter but becomes an affected. employer subsequent to the effccti",e date of this chapter. FF. "Notice" means written communication delivered via the United States Pas.tal Servic.e with .receipt deemed accepted three (3) days followinf!. the. :day on. which the notice was deposited with the Postal Service unless the third day falls on ,a weekend or legal holiday in which case the notice is deemed accepted the day after the weekend or legal holiday. GG~Presiding officer" means a person or persons designated by Kitsap Transit to hear and determine a contested notice of civil infraction. HH. "Peak PeriodlT means the hours from 6:00 a~m. to 9:00 a.m. (inclusive)'! Monday. through Friday~ except legal holidays~ II.. .'~Peak -Period Trip" means any commute trip that delivers the. employee. to begin his or her regular workday between 6:00 a.m~ and 9:00 a.m~ (inclusive)" Monday through Fridav" except legal holidays. JJBB~ "Proportion of single occupant 'Ilehiclc conunute drive-alone trips" or "Drive-alone rate" ("S.O'I rate") means the number of commute trips over a set period made by affected employees in single occupancy vehicles (SOV's) divided by the number of potential trips taken by affected employees working, during that period. KKGG. "Single-occupant vehicle ("SOV)" means a motor vehicle occupied by one employee for commute purposes, including a motorcycle. . .J ~ -. ....- '-'-.;. 6 LLgf).. "Single worksite" 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 o.ccupied by one .or ~ore affected employers. I" ; . MMgg~ ,; '~Teleworking'~ or "Telecommuting" means. the use of telephones, computers, or other similar technology iliat-12-permits an employee to .work at .. from home" eliminating a commute trip" or to work from at a location closer to -. home than the employer's worksite" reducing the distance traveled in a commute trip by at least half. ' . , NNW. "Transit" means a multiple-occupant vehic~e operated on a for-hire, shared-ride basis, including bus, ferry, rait shared-ride taxi, shuttle bus, worker/driver bus, or vanpool.. , 0000. "Transportation demand management ("!D.M")" means the use a broad range of strategies that are primarily. intended to red.uce and reshape demand on the transportation system commute trips .madc. by 'single occupant --{chicles arid vehiole miles traveled per employee. PP.. T.'tTr~sportation: .Management ..Association (TMA)U means a group of employers. or .~ association. representin~ a. group of employers in a d.efiried geographic area. .A T!v1A- may .represent employers within specific city limits or may have a. sphere of influence that extends beyond city limits. QQHH. "Va~npool" means a vehicle occupied by seven five (5) to fifteen (~5) people_ traveling together for their commute trip'l resulting in the reduction of a minimu~ of one motor vehicle trip. . . RRIi. "Vehicle miles .traveled ("VMT") per employee" means the sum of the individual vehicle commute trip lengths i~ miles made_ by affected employees ov~r a set period,. di vided by the number of affected employees during that period. SSJJ. "Week" means a seven-day calendar period, starting on Monday and ending on Sunday. TIKK.."W.ee~day" means any day of the week, except Saturday or Sunday. UUlb. "Writing," "written," or "in writing" means original, signed. and dated dOCuplents~ Facsimile (fax) transmissions are a temporary notice of action that must be followed via .mail or delivery of the original signed and dated document~ 1.0.24.030 City CTR plan. The goals .established for the iurisdiction and affected employers in the city's 2009 commute trip reduction plan, whicp. is on file with the city clerk's office; is are wholly incorp~rated herein by reference. 7 10.2:4.0.40 .Responsible agency_ , ~\ t l I . l ) The. city has detetrilined that it:is within the public's. best interest to .enter into.. an. interlocal agreement with Kitsap Transit pursuant to Chapter 39.34 RCW and RCW 70.94~527,: whereby KitSap Transit will be. the agency. responsible for. . implementing and administering the city's.CTR plan and this chapter. 1 0.24.050 ApiJlicabilitv ,-"'..fleeted employer. The provisions of this chapter shall apply to all affected employers. at any single worksite within the incorporated areas of the city.. . . 10.24.060 Change in status as an affected employer. . . ~ .. . Any. of .the follovying changes in an. affected employer's status may will 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 one hundred (100} or m_ore affected employees ~d expects not to. employ one hundred {IOO} or more affected employees for the next twelve {12} months, that employer is no longer considered an affected employer. . It is the respo:Q-sibility of the employer to notify Kitsap Transit, in writing, that it is no longer an affected employer. Th.e burden of proof lies ,with the employer; . . \ ., f'].:' .~. ..: ~i ,~~ B. Change In. Status within Twelve (I'2l Months~ If an employer under subsection A of this section again employs one hundred (100} or more affected employees within the .s~me twelve {I2l months as its..change in status to an "unaffected" . . employer, that .emp~oyer will 'be considered an affected .employer for the entire twelve (12) months, and will.be subJect to. the same CTR program requireq1ents as other affected employers. It is the responsibility of the employer to notify KitSap Transit, in writing~ ~ha~ it has become an affected employer; and c. Change in Status after Twelve (I2l Months, If an employer under subsection A of this sect~on again employs one hundred (IOO} or more affected employees more than twelve. (IZ} months after its change in status to an "unaffected" employryr, that employer shall be treated as a newly affected employer and will be subject to the sa~e 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. Reportip.g Date~ Employers meeting the definition of naffected employerU, in this chapter must identify themselves to Kitsap Transit within ninety (90) days of either moving into city's boundaries or growing in employment at a worksite to I _J 8 l . , one hundred (100) or more affected employees~' .Employers who do not.identify thems~lv:es within nin~ty (90),days are in violation of this chapter.. Ne~l'vly affected. emplo_ycrs.shall"identify.themscl",es to Kitsup Tr-unsit ":lithiI190 days of becoming . an affected employer or after mo",ing into the city' s bounduries~ - - j . :.1 . ! ....j B. .CTR. Baseline Measurement Program. SubmittaL New.1y affected employers shall.be given ninety (90) days to perform a baseline measurement.consistent with the. .ll1easur~ment requirements specified by Kitsap. Transit.. Employers who. do ~ not. perform a baseline measurement .within ninety (90) days of receiving written notification that they are subiect to this chapter are in violation- of this chapter. granted a. minimum. of. 180 days from the date of official notification by. Kitsap Transi,t that they are. an affected employer or from the date of self identification to de"'/elop .and submit a CTR program. . . C. CTR Program Submittal. Not more. than .:ninety (90) days after receiving written.notification of the... results of the baseline measurement.. the newly affected employer shall develop and submit a CTR Program to Kitsap. Transit The program will be developed in cons.ultation with Kitsap Transit to be .consistent with t~e goals of the. CTR Plan, adopted in BIMC 1 O..24.030~ The progr~ ~hall be implemented not more. than ninety. (90) days after approval by Kitsap Transit Employers who do not -implement an approved CTR Program according to this schedule ,are.in violation of this ordinance and subject to the. penalties outlined in BIMC 1 O~24.~230 below. c. CTR Goals~ Ne~I/Iy affected employers shall. ~U'lr/O t;YO years from the date of their CTR program appro"/ul to meet the first CTR goal of 15 percent; four years from the date of their initial CTR program appro'lr/al to meet the second CTR goal of.20.percent;..six,)Tears.from tho date of their initial CTR program appro't7/ul.to meet the third CTR goal of 25 percent; and 12 years from the date of thoir initial CTR program appro",aI to meet the fourth CTR goal 0[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.. a.-notice of the ~equirements and criteria for affected employers to comply with the. chapter" shall be published at least once in the city's official newspaper within thirty (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 alllrno'"vn affeoted employers notice of u":y amendments to this chapter. Such notices shall be by certified mail or 9 deliv~cry,.: ~return-.. receipt requested, addressed to. the.. employer's emplo.y.ee transportation coordinatofL-chief executive officer, senior official, or registeted agent. at. the worksite.~. .Such notification. shall be provide .ninety (90). days for ~fhe affected employer to perform a. baseline measurement consistent with the measurement requirements soecified by Kitsap Transit deli"vered ""vithin 30 days of the. effeOti"vo date of this chapter ot any amendments hereto. If. an affec~ed employer has. .already performed ': a: 'baseline .-measurement~ or an alternative acceptable to Kitsap Transit,. the employer is not reQuired to perform another baseline measurement. :~'J c. Self-Identification. Affected employers who, for whatever reason, do not receive notification within thirty {30} days ofthe.effective date of this chapter.~d are. either. notified: or shaij- identify themselves- to Kitsap Transit within ninety (~O} days of the effective date of this chapter will be granted an extension to assure. up to ninety (90) days within which to perform a baseline measurement consistent with the measurement. requirements specified by Kitsap Transit Upon S"~lf identification, stioh' affeoti3d employers \vill be granted 180 days from identifying to submit a CTR program. D. Time Limits. Affected employers that have not been identified or do bot identify themselves within ninety (90) days of the passage of the ordinance and..-.do not .' .perform . a baseline measurement consistent with the measurement requirements :specified .by Kitsap Transit within ninety (90) days from the pass..age of the ordinance are in violation of this ordinance. .-.-.':) ,I .l 10.24.090 CT.R program submittal date. Except as otherwise provided in this chapter, not more than one hundred eighty (I80} 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. Unless extensions are granted EJ(ccpt as otherwise provided in this chapter, an affected employer!.s shall implement its approved CTR program shall be ifaplemented. including approved program modifications, not more than -t-8G ninety (20) days after receiving written notice from the date the CTR progriun ~,,"tUS initially submitted to Kitsap Transit that the program has been for approvedal or with the expiration of the program review period outlined in RIMC 10.24. i 70 without receiving notice from Kitsap Transit. 10.24.110 Mandatory CTR program elements. The employer's CTR program must be designed to uchie"'8 the CTR goals set forth in this chapter. +he An affected employer is required to shall make a go~od faith effort, as defined in this chapter and in RCW 70.94.534(2), to develop dnd , J: i. ~ 10 implement.a .CTR . program that will encourage. its employees to reduce VMT. per. employee and SGV drive-alone commute trips~ At a minimum, an employer'.~ CTR:program.shall include the following elementSl. , - .t^~. Site Description. J.A~ general description of the employment sito locution, .,,":hich shall. include a description of the le-'101 of transit ..ser-vice, . parlcing u"luilabilit)T, access to high".vays, and unique oonditions ex:perienced by tho employer or its d employees -that might affect the Ie-vol o.f 80'\' .oommuting and 'lMT per employee~ ,.. B~ Employee Information. The total number of affocted emplo)rees~ AG. Employee Transportation Coordinator. The name. of the. employer.!..s - shall designated an employee transportation coordinator (ETC) appointed to administer the CTR program,. The ETC's and/or designee's name, location, and telephone number must be . displayed. prominently,,- physically or electronically~ at each affected. worksite. The ETC shall oversee all elements of the employer's CTR program and shall act as liaison between the employer and Kitsap Transit. The obiective is to have an effective transportation coordinator present at each worksite: an affected employer with multiple sites may have one ETC for all sites~ -: .1 Bl).. Information Distribution. .t^j. commitment to rOegularly distribute to its cmployees'Iinformation about alternatives to SGV drive-alone commuting as well as a summary of the employer's CTR Program shall be provided to employees at least once a year and to new employees at the time of hire. The summary of the employer:'s. CTR .Program ,.shall also -be submitted to city with the employer's program description and regular report Each employer's subsequent ar,nual report must inolude a description of the information to be distributed and the method of distribution~ CB. .lA~nnual Progress CTR Program Report and Description~ J.^J.. commitment to annually re~Jie",.'{ emplo)'cc commuting and progress to'Cyvurd meeting the . CTR goals. .t^~ffected employers ;Shull file an annual progress f9jJort "y~{ith Kitsap Transit. The annual report form shall be pro~lided by Kitsap Transit and shall be consistent ",,--nth the CTR task force guidelines. Sur.."y~y information or approv'ed alternati~/e information must be provided in the reports submitted by affected employers ~ in ,the. seoond, fourth, sixth, eighth, tenth and t\,yclfth year after program implementation. begins.. The CTR Program Report and Description outlines the strategies to be undertaken by an employer to achieve the commute trip. reduction. goals for the reporting period. Employers are encouraged to consider innovative strategies and combine program elements in a malUler that will best suit their locationll site characteristics" business type" and employeest commuting needs. Employers are further encouraged to cooperate with each other to implement program elements. 11 At ..a', minimiun'l' the employerfs CTR Program Report and Description niust include: ... .L a general description of the employment site. location~ .transportatlon characteristics~ employee parking availability" on-site amenities" dnd surrounding serVices~ . 2. the number of employees affected by the CTR program and the total number of employees at the site~ . ~ documentation on compliance with the mandatory CTR program elements ,(as described in this section)~ 4. description of any additional elements included in the employer's erR program (as described in this section): and 5.. a statement of organizational commitment to provide appropri~te resources to . the. program to meet the employer's established .goals. ..1 F ~ Record Keeping. ....A~ list of records. that shall be kept by the employer that caif.be llse'd to c'vuluo:te the :employer's- CTR prograrh~ Kitsup. Transit and the affec.fed employer shull. agree. In "~vriting on tho record lceeping requirements as. part of-the affected employer's nppro'ved CTR.program. Employers shull-maintain all records listed in their CTR-program for a minimum of21 months. DG. Specific Measures. In addition to the mandatory program elements describ:ed above, the employer's CTR program shall include specific ineasures to be implemented to meet the CTR goals.. These measures may include, but are not limit~d to, one or more of the following: r;7']' ~ .._~.. .~ . t_, 1. A provision for .preferential parking or reduced parking .~chatges, or both, for high-occupancy vehicles; 2. An implementation or increase of parking charges for SO'I's drive-alone commuters;. 3. A .provision for commuter ride matching services to facilitate employee ridesharing for commute trips, 4. A provision for subsidizing transit~ fait or vanpool fares; 5 ~ A provision for vans or buses for use ~s vanpools or custom bus/buspdbls (Kitsap Transit's worker/driver buses) for employee ridesharing; 6. A provision for subsidizing carpools~ walking" bicycling'!, teleworkihg'l compressed schedules or vanpools; 7. A .provision permitting the use of the employer's vehicles for carpooling or vanpooling, purposes; ..J 12 8. A . provision permitting flex~time' to facilitate. employees' use.. of transit, carpools; or vanp~pls;. . - . .-. 9. A provision for cooperation with transportation providers to ,provide additional regular or express service to the worksite; 10. A provision for the construction. of special loading and unloading facilities for transit, carpool,.. arid 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 esta~lishing a telecommuting program to permit employees to work p_~rt- or full-time at home or at an alternative works~te closer to their homes; , 14. A provision establishing a program of altemative.~9rk schedules,. such as a compressed workweek that reduces commuting; . ~ ~ _ .1 ... -~ . ~ .- ! 15.. A provision, establishing . a guara~teed. .ride home program.. that would guarantee, in cases of emergency,. trat;lsportation 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 vehich~s,:. such as on-site day care. facilities and e,mergency taxi servlces7~ 17 ~ Other measures that the employer believes will reduce the number and length of commute trip~ made to. the site. E~ Regular Review~ Each affected employer must cornmi~ to annually review employee comm.uting and progress toward meeting the CTR g.oalsl Affected employers shall review their program and file an annual progress relJort with Kitsap Transit. The. annual progress rep.ort form shall be provided by Kitsap Transit. The progress report shall describe each ()fthe CT~ measures that were in effect for ~he previous year" the results of any.commuter surveys up.dertaken during the year" and the number of employees participating in CTR programs. Within the report the employer should evaluate the - . effectivenes~ of the CTR program and~ ifnecessary~ propose modifications to achieve the CTR goals.. SUrvey information or approved alternative information must be provided in the reports. . F~ Biennial Measurement of Employee Commute Behavior. In addition to the baseline rneasurement~ employers shall conduct a program evaluation as a means of determining worksite progress toward meeting CTR goals. As part of the 13 program ~ .:evaluation~ .: . the employer shall distribute. and .collect ,Commute Trip Reduction Program Employee Questionnaires (surveys) at least once every'two. (2) years'! and strive to achieve at least a seventy percent (70%) response rate from emplove.es at the worksite. --~ ~ ] - . G. Record Keeping. Affected employers shall maintain a copy of their approved CTR~ ~Program -: -Description and. Report'! their CTR Program Employee Ouestionnaire results" and all supporting do.cumentation for ~the descriptions ~dnd assertions made in any CTR report to the city for a minimum of forty-eight (48) months. The city and the employer shall agree on the record keeping requirements as part of the accepted..CTR.program. 10.24.120 Request for modification of CTR program elements. An. affected' e~ployer may. request a modification of the CTR program elements. This request must be in writing and delivered to Kitsap Transit.. . An employer's request for a modification of the CTR program may be granted by Kitsap Tratisit 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 C.TR. program .element(s) for which the .affected employer seek.s an ex.emption due to reasons beyond the control of the employer; or _f~'].. ~:. ~. 1 . 1 ~.'~ ~~. . ' t.,. -....- . . B. Undue Hardship. The affected employer demonstrates that compliance with the CTR p.rogram element(s) would constitute an undue hardship to the employer. 10.24.130 Exemption from CTR program. A. Exemption from All Requirements. An affected employer may submit to Kitsap Transit a written request for an exemption from all CTR program requ~rements, or from penalties for a particular worksite. In making suen a request, the employer must demonstrate that. it would experience undue. hardship in' cotpplyihg. .with the requireQ1ents of this chapter. as a result of the ~haracteristics .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 exemptic)n' :may be granted if. and only if the affected employer demonstrates that . . it faces. extraordinary - circumstance~ such as bankniptcy, and is unable to implement any measures that CQuld reduce the proportion of 8GV drive-a.ldne 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 grant or deny the request within thirty (30) days of rec,eipt of the request. Kitsap Transit shall review annually all employ~rs .i j . -. ~-' .~ 14 teceiying_exemptions and shall determine whether the exemption will continue to be in effect during the following program year.. B. Ex.emption .for-.~mployees. Using Vehicles for Work. An affected. employer may submit to Kitsap Transit a written request to exempt specific ~employees or groups. of employees that are required to. drive alone to-: work as a condition of employment .from a. worksite's CTR program use their ovm Tlehioles. during the. "11orkdri.y for '(r'KT"ork purposes. The. employ~r shall provide documentation indicating th~ 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;. ho....ve..'or those employees "T~/hosc. '"vorle duties require duily access to their "{chicles shall be excluded from the calculations of the ratio of 80'1 commute.trips and 'lMT per ,4:. - employee, used to determine the employer's progress to'ly-'yllfd meeting its CTR- program goals. Kitsap Transit will use the criteria identified in the CTR Board Administrative Guidelines to assess the validity of employee exemption requests. Kitsap Transit shall grant or deny the request within thirty (30) days of-receipt of the request. Kitsap Transit shall review annually all employee exemption requests.. and shall determine whether the exemption will be in effect during the following program year. . j - , -. I . ~ - ~, . ; c. Exemption for Variable Shift An affected employer may submit a written reQl1est to ~ Kitsap Transit to exempt specific employees who work variable shifts throug~out the :year and who do not rotate as a group to identical shifts. Kitsap Transit ~ill .use the crite.ria identified in the CTR .tas~ force Bo.a!d Administrative guidelines to ~~sess_.th~ validity of an. e:mploy~,e ex~mption r~ques~. made pursuant to this subsection. Kitsap Transit shall grant or deny the request within thirty (30) days. of receipt of the request Kits.ap Transit shall re.view. annually. all employee exemption'requests, and shall determine whether the exemption will be in effect during the.following.program year. .. ...~.J 10.24.140 CTR zone aud values. The board of commissioners of Kitsap Trnn3~t shull be authorized .to establish by resolution the CTR zones '1;vithin the city, the boundaries of these zones, and the base. yeaJ;. ~/ahles for SO'I rate and "'/MT per employee "~'vithin the CTR zone(s). This resolution shall be passed by January 31, 1993. 10.24.1~~O.Commute Trip Reduction Goals Percentage reductions of SOVs and VMT per employee. A. City-wide CTR Goals. City goals for reductions in the proportions of drive- alone commute trips and vehicle miles traveled per employee by affected employers. in the city's iurisdiction are hereby established bv the City of Bainbridge Island's CTR Plan incorporated by BIMC 10.24.030. These goals 15 establish the desired level of performance for the CTR program in its entirety in the city~ .----..'-1 - . The city, .will. set the individual worksite goals for affected employers based .:on how the worksite -can contribute to the.city's overall goal established in the.CTR plan~. The. goals will appear as a component of the affected employer's approved implementation plan outlined in BIMC lO~24~ 11 O~ The CTR goals for an. affected. employer's CTR program shall be u reduction in tho proportion.of SO'.' commUte trips ~nd.'lMT per employee as fo~lo"lyTs:' 1. Fifteen percent by 1995; 2. T"J{enty peroent-by 19.97; 3. T~,,"y~nty fi"'/c percent by 1999; and 1. Thirty fi"/e percent by 2005. B~ CTR Goals for Affected Employers. The drive-alone and VMT - goals for affected employers in the city are hereby established as set forth in the CTR plan incorporated bv BIMC 1 0924.030~ If the goals for an affecte.d employer or newly affected employer are not liSted in , the .CTR.. Plan~ they shall be estabJished by Kitsap Transit at a level designed,. to achieve the city's overall goals. for the jurisdiction. Kitsap Transit will provide written notification of the. goals for each a:ffecte.dl employer worksite .'by providi.ng the' information ..when Kitsap Transit reviews the employer's proposed prOgram and incorporating th.e goals into the .program approval issued by the city.. +hese reductions shull be measured from the 'base year 'values of the CTR zone in "vvh"tcb the affected employer is located. The methods used to determine an affected employer's SO'/ rate and '1M! per employee shall be consistent 'I.vith the CTR task force g-uidelines. 1"'/]< .(." .\ ~.- ~ "; . t__,." . 10.2~~I~'O Modi~cation of CTR program goals. An .affected employer may request that Kitsap Transit modify the employer's CTR program goals. ' Such request~ shall be in writing and filed with Kitsap Transit at least sixty (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 un_able 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 Board Gguidelines. 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 ] ., J ........ ..- 16 10~24.170.Credit.for.progra'ms implemented prior.to the base.)Tear. Employers ",,"lith:. successful transportation dcmnnd management (TD11) programs Implemented prior to the 1992 base year, may be eligible to tecei~/c a,special.onc time CTR _ progrum cJ(cmption credit, --l"Fhioh exempts them from most CTR progratn. requirements~ .tA~ffcct~d employers 'Iyvishing .to r~cei't:/e ,this ~redit m-ust apply .-in. ..,,~ti:itihg . to Kitsap. Transit 'y~/ithin. 90 . days. of the. adoption of this ordinance... .The employer.'s application. sholl. include data-, from a sun'ey' of employees or equi~/alent to establish the applicant's "'(M_T per employee and proportion of SO"'l commute trips. The sur--ley or equivalent data shall conform to . all applicable stand~!ds es.tablished in the CTR task force guidelines. ..t^;a.n .affected - employer shull be considered to hU'/e. met the 1"995 CTR goals if their '/MT pcr .. ~mployee.anq,proportion;of.80'\T.c.o~mute trips are .equi--yFulent to a 12 percent or greater.. ~eduotion f:rom, the bas~ ypar CTR zone ow'allles.. These: thr~e. percentage point cre~its. apply only to thc.1995 CTR goals, . . 10.24.175 Credit for modifjeatioR of employee work sekedQle~. Employers that modify their employee "lfOrk schedules so .that soine or all employeos;are, not scheduled to arrive at "~OW{ork bet'l"veen 6:00. aim.. and 9:00.Q.m. shall. bo pro~I'Tided credit --Tvhen caloulating the: SO'I use .and '/MT at .the employer'.s: "yvorl(site. .This credit shull be . a",."{arded . if the employer's. implementation, of u modified ",,"{orlc schedule ......{US an identified. clement in that emploY-Of's appro~/ed CTR program, or if the schedule change occurred because of impacts. associated --,,"lith this chapter and Chapter 37.601\. RCW, the Gro......yth Management .LA~ot. Employers "l'Jnshing to rccci..{c this credit m-ust. apply in \vriting to Kitsap Transit. 10.2..4..180 Process to apply for CTR program exemption credit. .I.^;t.. .t^;a.ffec!ed employers may apply. for program exemption credit for the .results. of past 'or current CTR. efforts by applying in 'K,,-'tTiting to Kitsap Transit in their initial CTR program description or us part of any other llrJ1ual CTR progross report. The employer's application shall include results from u. survey .of employees, or equi-':/ulent information that establishes the applicant's, '/MT pet employee and proportion~ .of 80\1" .commute trips. The survoy or .equi'{ulont information shall conform to all applicable standards established in Section 7, Survey Guidelines, of the CTR tusl( force- guidelines.. B. Employers that apply for program. exemption credit and 'llhose 'IMT per employco. and .proportion of sa'll commute trips .are equal to or less than the CTR goals for one or more future goal years, and . that commit in "l11Titing to continue their curr.cntl(r~ICI.o.f effort, shull be exempt from the requirements of this chapter, OKCept for the .requirements to report performance in 1995, 1997, and 1999~ If any of these repot1s -indicato tho. employer does not satisfy the next applicable CTR 17 goal(s), the employer shall imm.ediately.beco.IDc subject to all requirements of this. chapter. 10.24.1290 Notice of leadership certificate. ""l 'J As public recognition for their efforts, affected employers:who meet or exceed ihe CTR goals as set. .forth in this, chapter shall receive a cominute trip reduction certificate of leadership from the city. A notice of this certificate of leadership shall be published in the. city's official newspaper. . Ii. 10.24.17~O'.CTR'program and annual report review. /'... /'.l.pproval. Kitsap Transit 'shall review each affectede~ployer'sinitial erR program. to determine. if the pro.gram is Iikel.y to. meet the applicable.CTR go.~ls. Kitsap Transit shall provide the employer. with written notification if the employer's CTR program is deemed unacceptable. The notification must give cause 'for arty tejection.~.. Such .notification shall be .by personal deli"very:. or certified mail, return receipt requested, addressed to the employer' s emplo~~ee transportation. .coordinator~ If. the employer receives no written . notification of extension of the review' period of its CTR program or comment on the CTR program.or aJll1ual-report within ninety (90)~days of the progtam's submissitln, the employ~r's CTR program or . annual. report shall .be deemed accep_ted appr.o~y~cd;~ .pro-.:iided, that Kitsap Transit may extend the review period up.. to ninety (90} days by p~o'liding the employer "~:Yritten notice. of tho o)(tension.. the implementation date. for the employer's CTR program shall be extended an equivalent number of days. f.-J ~-.~: t> B. Conditional .t^Jo.pproT/uL Kitsap Transit may determine that an employer's CTR program is appro'yTed. on the condition that certain aspects of the pro gram- . :be modified. In this case, Kitsap Transit shall notify the affected employer of .!he required modifications.. Such notification shall be by personal dcli",cry or certified mail; return .receipt requested, addressed to the affected employer's employee transportation. coordinutor~ .t^;t.ffectcd employers shall be gi-len 30 days from .the date of such notico to submit a re~/iscd CTR program in accordanoe v{ith the required modifications. Kitsap' Transit shall hu",e. 30 days from tho dute the re'vised CTR program is recei'y~ed to accept or reject the rc.",ised CTR program. c. Rejection. Kitsap Transit shall pro',idc the employer ~yyith a ".vritten notice. of rejection if the employer's CTR program is deemed unaccoptu-ble. Such notice shall be.by personal deli'l/cry or certified mail, return receipt requested, addressed to the' affected employer's employee transportation coordinator 'llithin 15 days of tho .CTR program's submittal date. The notice shall specify the reason(s) for the rejection. Kitsup Transit shall schedule a meeting. 'C~yith the affected employer "'yvithin 21 days of the date of notice. During the meeting Kitsup Transit. sHall pro-.:/ide technical assistance to the affected employer ~ The affected employer sl1all 1..1 18 be gi\~en 30 da}~s. from th~. date of the meoting to submi~ a .re."'lised. CTR.program. Kitsap Transit shull hU'C/e 30 days.to accept or reject tho fe"vised CTR program. . lO.24.18UO Annual reporting: date CTR aRRHal 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 ~ha'n 12 months from the .date the employer's CTR program ",{as appro"l:/ed. ..- .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 consistent with BIMC. 10.24.11 o.e above. 10.24.19>>0.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 pro.gram. Su.ch requests: shall be made in writing .and shall. be personally delivered or mailed -"lid certified mail,' return receipt requested, to Kitsap .Transit not less than thirty .(30) days prior to the due date for which the extension is being requested. Extensions not to exceed ninety (90} days may be considered for reasonable cause~. Kitsap Transit shall grant or deny the employer's extension request.by written notice certified letter, return receipt requested, within ten (lill~ days ~of.receiving the request If there is no resp.onse is.sued to. the. employer, an extension .shall~,be automatically grantedi 'for. thirty.. (30). days. Extension's shall not exempt an employer from any responsibility in meeting the. .CTR program goals~ Extensions granted due to delays or'difficulties with any CTR program element(s) shall ..not' be cause for discontinuing or falling 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~ 1 O..24.2!!~O Compliance. Except as otherwise provided in this chapter, compliance shall mean~ A~ .EmIly implementing in good faith all mandatory program elements as well as provisions in the aB: approved a-ccepted CTR program description and r.eport: and satisfying the requirements of this chapter~ B~ Providing a complete CTR Program Description and Report on the regular reporting date: and c~ Distributing and collecting the CTR Program Employee Questionnaire during the scheduled survey time period. i . . -: { 10.24.2140 Required CTR program modifications criteria. 19 .A. Kitsap Transit shall use the following criteria for achieving goals- .for VMT..'W employee: ."imd proportion of drive-alone trips. in determining.. requirements 't7yvhether an for affected employer shall be required to make modifications to its CTR program mo.difications: - ;""] A>h 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 .b~th .<the applicable: SO'I or ~/MT goalfsj, the employer shall be. deemed. to ha~le .lias satisfied. the- objectives of the. CTR plan and shall-will not be: required to modify improve its CTR. program. _" . - B2-. Fails to Achieve Either Goal. la. 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 drive-alone SQV. or VMT goal,. no, additional modifications are required~ Kitsap Transit shall ."C,,"Iftrorlc "lfy..tith. the.. employer to make modifioations to. .the employer's eTR program. .tA~ftcr making. modifications acceptable .to Kitsap. Transit, the employer shall submit a re",iscd CTR progmm description to .Kitsnp Transit. for appro"/ul "~"/ithin 30 days of reaching ':an agreement.' , 2b. Without: Good. Faith Effort If an employer .fails to. make.. a good faith effort, as defined. in this chapter and in RCW 70.94~534(2)'l and fails.to mee~:either -the applicable drive-alon.e .8fW ot VMT. reducti0n goal, .Kitsap: Transit shall work with the employer to. identify necessary. modifications to the CTR pr.ogram dnd shall direct the employer to . revise its program within. thirty (3D} days to incorpotate:the modifications~ to come jnto compliance with the measures,defined by .RCW70.94.53.4(2). In response to the recommended modifications, the employer shall submit a revised CTR ~rogram Ddescription and rep'(}rt, including the requested modifications or equivalent measures, 'within thirty (30} days of receiving 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 notI-ce to that effect to the employer .within thirty (3D} days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reachingt a consensus on the required program. A written final decision on the required program shall be issued by Kitsap Transit within ten (to} working days of the conference. . 1 O.24.2~~O Violations. The following shall constitute violations if the deadlines established in ef-this chapter are not met: '1 ) ~. ." '-'-,-' - 20 A.. .Failure to .develop and/or submit on time a complete CTR. program by.the applicable -dcadlin-cs, as stated in this chapter; B;,Failure to implement an approved CTR program.unl.ess the program elements,' _~ that. are .carried out can be shown through quantifiable evidence to meet or exceed VMT and drive~alone. goals as specified by. the .applicable deadlines, as stated in this _.chapter; C::Failure.. to. modify an unacceptable revise a CTR program .by the applicable deadlines,. as defined. in. RCW. 70.94~534( 4) and stated in. this chapter; D~ Fai~ure of an affected employer to self identify as an . affected employer itself to - '.,K1tsap .Transit\.vithin 90 days of the cffccti'lC date of this ohapter; E. Failure of a newly affected employer to self identify M..itself to Kitsap Transit 'f1'"vithin.99 .days ofbcco~ing an. affected employer; F~ Failure to timely submit an annual CTR program progress report to Kitsup Transit; G~ ,Failure to maintain agreed. upon CTR. program records or perform a baseline measurement'! including; 1. E,mployers notified or that have identified themselves to Kitsap Transit within , ninety~ (gO) days of the ordinance. being adopted and that do not perform a baseline. measurement :consistent with. the requirements specified by.Kitsap Transit within ninety (90) days from the notification or self-identification: 2~ Employers_ not identified or self-identified within ninety (90) days of the ordinance being adopted and that do not perform a baseline measurement consistent with the requirements specified by Kitsap Transit within ninety (90) days from the adoption of the o_rdinance: H. Intentionally submitting false or fraudulent information, data and/or survey results; I. Failure to make a good faith effort. in meeting the minimUlU 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 tho applicable. CTR reduction goals shall not constitute n 'Ir,iolation of this chapter. 10.24.2J.'O 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 penalties. 21 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-..ib.is chapter is- committed or continued and shall be subject to civil penalties as herein . provided. c. . Failure Due to. Union. .-An affected-_ employer .shall not be. liable for civil penalties if failure to implement an element of a 'CTR...prograln, 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 gdod 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 th.e -union of the existence of the ''Ill ashington State CTR LU"lllstatute, this Qhapter,. and the mandates. of the CTR. program approved by. Kitsap Transit and advise the union that the proposal being made. is nec~ssary for -compliance with this chapter and state law~ ir:-~,]. r~f ".. } 1 ~> ~,. D. Not Liable. No affected employer with an approved CTR program which .has made a good faith effort shall may. be held.~ia~le for.failure to reach the applicable drive-alone S{Al' or VMT goals. 1 O.24.2~+O 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 infracti;on. 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 snail 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 noncriminal offense for which imprisonment may not be imposed as a sanction; :,; 1 '-,. . - ~ 22 --0-] ) 3. A statement identifying the party issued the notic.e .of civil infraction; 4. A statement identifying.'the nat~re of the violation fOf which the notice. was issued; , .' 5.. A statement ,of the monetary penalty established for the civil infraction; 6. A. stateme~t 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 fifteen II5} ,days of_the. .date the notice of civil infraction is received;. 8. A.,statement that failure to .respqnd to.the-notice of ciyil iJJ.fraction as dir~cted in_ this .ch~pter sh~ll result in the entry of a default j~dgment, against the party. named in tl)e .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. Heari1).g on a Civil- Infra~tion. , ~ .1 . ~ . I --.,.. ) 1. An affected employer or newly affected employer issued a notice of civil .. infracti9n'm.~y request a hearing on the notice of civil infracti~n by. submitting to the presiding officer a Written request for a hearing not later than fifteen . (IS) day~ ;froffi. the .date the notice of civil infraction was served. For the purpose .of this subsection, a notice of civil infraction that is serve~ via certified mail, return receipt requested, shall be deemed to have been served three (3}.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.affecte.d employer and the presiding officer not later than fifteen (I5) .days after a timely hearing request is filed. At such meeting, the affected employer qf newly affected employer ~hall explain its view of the alleged infra,ction 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 Q.Q} 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. 23 4. The written findings" of the presiding: officer shall be considered an iniJial 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.. n.~._..... 1. .. 1 O.24.2~80 Appeals. A. Ven~e. The affected or newly affected ~mployer may appeal the initial order of the presiding. officer to the south division of the Kitsap County district co.uft. Alternatively, the employer may appeal the initial orde~ pursuant to the administrative process set forth in subsection C of this section. B. Time. An appeal of the ptesiding.officer's initial order purstfaht to. this section shall be commenced by filing, within thirty (3D} days of the issuance of tl).e presiding .bfficer' s written determination, a. written. notice of. appeal with the district.cou.rt,. in .cases where the employer seeks review by the disttict court, or with Kitsap Transit, in cases where. the employer seeks administrative review pursuant to this section. c. Administrative Review Process. 1. Upon ~eceiving 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 sol~ purpose of hearing the appeal of the o~der. Y.<:"-l :f ...~ ;i -_. t.': 2. 'Appeals shall be heard within sixty (60} days o~ the date the notice of appeal is . received by Kitsap Transit; provided, that no appeal shall be .set less tHan .fifteen (I5) days after notice of the .date for the appeal is mailed by certified ~ai1,.rettim receipt requested, to the party seeking review. 3. The hearing examiner shall evaluate employers' appeals of initial orders issued pursuant to BIMC 10.24.21,10 by determining if the decisions w~re consistent with this. chapter, the statute, and the CTR Board administratIve task. ~otco guidelines. The presiding officer's initial order may.be overturiied by the heating 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 8.fAl drive-alone co.mmute 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 twenty (20} days from the date of the issuance of the decision~" ~j 24 :. .! . -I . ..... ~ I i J .:. ") -j .. ~ . i Section 2. If any section, subsection, paragraph, sentence,- clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3.. This ordinance shall take effect and be in force five (5) days after its passage, approval and publication as provided by law. PASSED boY the City Council this 23rd day of September 2009w APp.ROVED by the Mayor this 24th day of September 2009. ~~ Christopher Snow, Mayor ATTEST/A.UTHENTICA TE: Q.y.Q (J~rJ..., \nj")~ Rosalind D. Lassoff, ity Clerk FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLICATION DATE: EFFECTIVE DATE: ORDINANCE NO. July 14, 2009 September 23, 2009 October 2, 2009 October -7, 2009 2009-16 25