The following definitions shall apply in the interpretation and enforcement of this chapter:
(1) 
"Affected employee"
means a full-time employee who begins their regular work day at a single worksite covered by the commute trip reduction plan between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays per week for at least 12 continuous months, who is not an independent contractor. The following classifications of employees are excluded from the definition of affected employees:
(a) 
Seasonal agricultural employees, including seasonal employees of processors of agricultural products; and
(b) 
Employees of construction worksites when the expected duration of the construction is less than two years.
(2) 
"Affected employer"
means a public or private employer that employs 100 or more affected employees.
(3) 
"Alternative commute mode"
refers to any means of commuting other than that in which the single-occupant vehicle is the dominant mode. Telecommuting and compressed work week schedules are considered alternative commute modes if they result in reducing commute trips.
(4) 
"Alternative work schedules"
are programs such as compressed work week schedules that eliminate commute trips for affected employees.
(5) 
"Base year"
means the 12-month period which commences when a major employer is determined by the jurisdiction to be participating within the CTR program. The city uses this 12-month period as the basis upon which it develops commute trip reduction goals.
(6) 
"Base year survey" or "baseline measurement"
means the survey, during the base year, of employees at a major employer worksite to determine the drive-alone rate and vehicle miles traveled per employee at the worksite. The city uses this measurement to develop commute trip reduction goals for the major employer. The baseline measurement must be implemented in a manner that meets the requirements specified by the city.
(7) 
"Carpool"
means any motor vehicle, including a motorcycle, occupied by two to six people of at least 16 years of age traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip.
(8) 
"Commute trips"
means trips made from a worker's home to a worksite (inclusive) on weekdays.
(9) 
"CTR"
is the abbreviation of commute trip reduction.
(10) 
"Commute trip reduction (CTR) goals"
means the goals established by the state CTR law and the CTR board guidelines for affected employers.
(11) 
"Commute trip reduction (CTR) plan"
means the city's plan which is designed to achieve reductions in the proportion of single-occupant vehicle (SOV) commute trips and the commute trip vehicle miles traveled (VMT) per affected employees of affected public and private sector employers within the city.
(12) 
"Commute trip reduction (CTR) program"
means an employer's strategies to reduce employees' drive alone commutes and average VMT per employee.
(13) 
"Commute Trip Reduction (CTR) Board guidelines"
means the official guidelines to Chapter 70.94 RCW developed by the Washington State Commute Trip Reduction Board (RCW 70.94.537).
(14) 
"Commute trip reduction (CTR) zone"
means an area, such as a census tract or combination of census tracts, within the city, characterized by similar employment density, population density, level of transit service, parking availability, access to high-occupancy vehicle facilities, and other factors that are determined to affect the level of SOV commuting.
(15) 
"Commute trip vehicle miles traveled per employee"
means the sum of the individual vehicle commute trip lengths in miles over a set period divided by the number of full-time employees during that period.
(16) 
"Commuter ride matching service"
means a system that assists in matching commuters for the purpose of commuting together.
(17) 
"Compressed work week"
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 during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and bi-weekly arrangements, the most typical being four 10-hour days or 80 hours in nine days, but may also include other arrangements.
(18) 
"Custom bus/buspool" or "worker/driver bus"
means a commuter bus service arranged specifically to transport employees to work.
(19) 
"Day(s)"
means calendar day(s).
(20) 
"Dominant mode"
means the mode of travel used for the greatest distance of a commute trip.
(21) 
"Drive alone"
means a motor vehicle occupied by one employee for commute purposes, including a motorcycle.
(22) 
"Drive alone trips"
means commute trips made by employees in single-occupant vehicles.
(23) 
"Effective date"
means the date the initial ordinance codified in this chapter was effective.
(24) 
"Employee transportation coordinator (ETC)"
means a person who is designated as responsible for the development, implementation and monitoring of an employer's CTR program.
(25) 
"Employer"
means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity, whether public, nonprofit or private, that employs workers.
(26) 
"Exemption"
means a waiver from any or all CTR program requirements granted to an employer by Kitsap Transit based on unique conditions that apply to the employer or employment site.
(27) 
"Flex-time"
is an employer policy allowing individual employees some flexibility in choosing the start and end time, but not the number, of their working hours to facilitate the use of alternative commute modes.
(28) 
"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.
(29) 
"Good faith effort"
means that an employer has met the minimum requirements identified in this chapter and in RCW 70.94.531, and 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.
(30) 
"Hearing examiner"
means a member of the Washington State Bar Association.
(31) 
"Implementation" or "implement"
means an active pursuit by an employer to achieve the CTR goals of RCW 70.94.521 through 70.94.555 and this chapter, as evidenced by appointment of an employee transportation coordinator (ETC), distribution of information to employees regarding alternatives to drive alone commuting, and commencement of other measures according to its approved CTR program and schedule.
(32) 
"Major employer"
means a private or public employer, including state agencies, that employs 100 or more full-time employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. on weekdays for at least 12 continuous months.
(33) 
"Major employer worksite" or "affected employer worksite" or "worksite"
means the physical location occupied by a major employer, as determined by the local jurisdiction.
(34) 
"Major employment installation"
means a military base or federal reservation, excluding tribal reservations, or other location as designated by the city, at which there are 100 or more affected employees.
(35) 
"Mode"
refers to the means of transportation used by employees, such as single-occupant vehicle, carpool, vanpool, transit, ferry, bicycle and walking, compressed work week schedule and telecommuting.
(36) 
"Newly affected employer"
is an employer that is not an affected employer upon the effective date but becomes an affected employer subsequent to said date.
(37) 
"Notice"
means written communication delivered via the United States Postal Service with receipt deemed accepted three days following 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.
(38) 
"Peak period"
means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
(39) 
"Peak period trip"
means any commute trip that delivers the employee to begin their regular workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.
(40) 
"Presiding officer"
means a person or persons designated by Kitsap Transit to hear and determine a contested notice of civil infraction.
(41) 
"Proportion of drive alone trips" or "drive alone rate"
means the number of commute trips over a set period made by employees in single- occupancy vehicles divided by the number of potential trips taken by employees working during that period.
(42) 
"Ride matching service"
means a system which assists in matching commuters for the purpose of commuting together.
(43) 
"Single-occupant vehicle (SOV)"
means a motor vehicle occupied by one employee for commute purposes, including a motorcycle.
(44) 
"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 occupied by one or more affected employers.
(45) 
"Teleworking" or "telecommuting"
means the use of telephones, computers, or other similar technology to permit an employee to work at home, eliminating a commute trip, or to work from a work place closer to home, reducing the distance traveled in a commute trip by at least half.
(46) 
"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.
(47) 
"Transportation demand management (TDM)"
means the use of strategies to reduce commute trips made by single-occupant vehicles and vehicle miles traveled (VMT) per employee.
(48) 
"Transportation management association (TMA)"
means a group of employers or an association representing a group of employers in a defined geographic area. A TMA may represent employers within specific city limits or may have a sphere of influence that extends beyond city limits.
(49) 
"Vanpool"
means a vehicle occupied by five to 15 people traveling together for their commute trip, resulting in the reduction of a minimum of one motor vehicle trip.
(50) 
"Vehicle miles traveled (VMT) per employee"
means the sum of the individual vehicle commute trip lengths in miles made by affected employees over a set period divided by the number of affected employees during that period.
(51) 
"Week"
means a seven-day calendar period, starting on Monday and continuing through Sunday.
(52) 
"Weekday"
means any day of the week except Saturday or Sunday.
(53) 
"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.
(Ord. 1760 § 1, 1999; Ord. 014-08 § 2; Ord. 017-23 § 1 (Exh. A))
The goals established for the jurisdiction and affected employers in the city's commute trip reduction plan set forth in Attachment A to the ordinance codified in this chapter, copies of which are available from the city clerk, are incorporated herein by reference. City staff is directed to make any corrections for typographical errors, include any graphical materials for information, and complete the commute trip reduction plan.
(Ord. 1760 § 2, 1999; Ord. 014-08 § 3; Ord. 007-25 § 1)
The city's goals for reductions in the proportions of drive alone commute trips and vehicle miles traveled per employee by affected employers in the city's jurisdiction, major employment installations, and other areas designated by the city are hereby established by the city's CTR plan incorporated by POMC § 10.86.030. These goals establish the desired level of performance for the CTR program in its entirety in the city.
The city will set the individual worksite goals for affected employers based on how the worksite can contribute to the city's overall goals established in the CTR plan. The goals will appear as a component of the affected employer's approved implementation plan outlined in POMC § 10.86.070.
(Ord. 014-08 § 4)
(1) 
The drive alone and VMT goals for affected employers in the city are hereby established as set forth in the CTR plan incorporated by POMC § 10.86.030.
(2) 
If the goals for an affected employer or newly affected employer are not listed in the CTR plan, they shall be established by the city at a level designed to achieve the city's overall goals for the jurisdiction and other areas as designated by the city. The city shall provide written notification of the goals for each affected employer worksite by providing the information when the city reviews the employer's proposed program and incorporating the goals into the program approval issued by the city.
(Ord. 014-08 § 5)
The city has determined that it is within the best interest of the public to enter into an interlocal agreement (pursuant to Chapter 39.34 RCW and RCW 70.94.527) with Kitsap Transit, located at: 60 Washington Street, Suite 200, Bremerton, Washington 98337, whereby Kitsap Transit will be the agency responsible for implementing and administering the city's CTR plan and this chapter.
(Ord. 1760 § 3, 1999; Ord. 014-08 § 6)
(1) 
Affected Employer. The provisions of this chapter shall apply to all affected employers at any single worksite within the incorporated areas of the city.
(2) 
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 Nonaffected 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 more 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. The burden of proof lies with the employer.
(b) 
Change in Status within 12 Months. If the same employer returns to the level of 100 or more affected employees within the same 12 months, that employer will be considered an affected employer for the entire 12 months, and 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.
(c) 
Change in Status after 12 Months. If the same employer returns to the level of 100 or more affected employees 12 or more 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.
(3) 
Newly Affected Employers.
(a) 
Reporting Date. Newly affected employers shall identify themselves to Kitsap Transit within 90 days of becoming an affected employer or moving into the boundaries of the city. Employers who do not identify themselves within 90 days are in violation of this chapter.
(b) 
CTR Program Submittal. Newly affected employers shall be given 90 days to perform a baseline measurement consistent with the measurement requirements specified by Kitsap Transit. Employers who do not perform a baseline measurement within 90 days of receiving written notification that they are subject to this chapter are in violation of this chapter.
(c) 
Not more than 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 the city. The program will be developed in consultation with Kitsap Transit to be consistent with the goals of the CTR plan adopted in POMC § 10.86.030. The program shall be implemented not more than 90 days after the approval by the city. Employers who do not implement an approved CTR program according to this schedule are in violation of this chapter and subject to the penalties outlined in POMC § 10.86.130.
(d) 
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.
(Ord. 1760 § 4, 1999; Ord. 014-08 § 7)
(1) 
Publication of Notice. In addition to the city's established public notification procedures for adoption of a chapter or an amendment to a chapter, a notice of the availability of a summary of this chapter, a notice of the requirements and criteria for affected employers to comply with this chapter, and subsequent revisions shall be published at least once in the city's official newspaper within 30 days of the effective date of the initial ordinance codified in this chapter or any amendments hereto.
(2) 
Notice to Known Affected Employers. Known affected employers located in the city of Port Orchard 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, addressed to the company's chief executive officer, senior official, CTR program manager, or registered agent at the worksite. Such notification shall provide 90 days for the affected employer to perform a baseline measurement consistent with the measurement requirements specified by Kitsap Transit.
(3) 
Self-Identification. Affected employers who, for whatever reason, do not receive notification within 30 days of the effective date of the initial ordinance codified in this chapter and are either notified or identify themselves to Kitsap Transit will be granted an extension to assure up to 90 days within which to perform a baseline measurement consistent with the measurement requirements specified by Kitsap Transit.
(4) 
Affected employers that have not been identified or do not identify themselves within 90 days of the effective date of the initial ordinance codified in this chapter and do not perform a baseline measurement consistent with the measurement requirements specified by Kitsap Transit within 90 days from the effective date of the initial ordinance codified in this chapter are in violation of this chapter.
(5) 
If an affected employer has already performed a baseline measurement, or an alternative acceptable to Kitsap Transit, under previous iterations of this chapter, the employer is not required to perform another baseline measurement.
(Ord. 1760 § 5, 1999; Ord. 014-08 § 8)
(1) 
CTR Program Submittal Date. Except as otherwise provided in this chapter, not more than 180 days from the effective date of the initial ordinance codified in this chapter all affected public and private employers within the city shall submit a CTR program to Kitsap Transit.
(2) 
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.
(3) 
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 70.94.531, 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, to include: 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 (ETC) to administer the CTR program. The ETC's name, location, and telephone number must be displayed physically or electronically at each affected worksite. The ETC shall oversee all elements of the employer's CTR program and act as liaison between the employer and Kitsap Transit. The objective is to have an effective transportation coordinator presence at each worksite; an affected employer with multiple sites may have one ETC for all sites.
(d) 
Information Distribution. Information about alternatives to 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 Kitsap Transit with the employer's program description and regular report.
(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 board guidelines. Survey information or approved alternative information must be provided in the reports submitted in the second, fourth, sixth, eighth, tenth, and twelfth years after the program implementation begins.
(f) 
In addition to the baseline measurement, employers shall conduct a program evaluation as a means of determining worksite progress toward meeting CTR goals. As part of the program evaluation, the employer shall distribute and collect commute trip reduction program employee questionnaires (surveys) at least once every two years, and strive to achieve at least a 70 percent response rate from employees at the worksite.
(g) 
Affected employers shall maintain a copy of their approved CTR program description and report, their CTR program employee questionnaire results, and all supporting documentation for the descriptions and assertions made in any CTR report to the Kitsap Transit for a minimum of 48 months. Kitsap Transit and the employer shall agree on the record keeping requirements as part of the accepted CTR program.
(h) 
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:
(i) 
A provision for preferential parking or reduced parking charges, or both, for high-occupancy vehicles;
(ii) 
Instituting or increasing parking charges for SOVs;
(iii) 
A provision for commuter ride-matching services to facilitate employee ride-sharing for commute trips;
(iv) 
A provision of subsidies for rail or transit fares and/or transit passes;
(v) 
A provision for subsidies for transit fares;
(vi) 
A provision of subsidies for walking, bicycling, teleworking, or compressed schedules;
(vii) 
A provision for vans or buses for use as vanpools or custom bus/buspools (Kitsap Transit's worker/driver buses);
(viii) 
A provision of incentives for employees that do not drive alone to work;
(ix) 
A provision for subsidies for carpools or vanpools;
(x) 
Permitting the use of the employer's vehicles for carpooling or vanpooling;
(xi) 
Permitting flex-time to facilitate employees' use of transit, carpools or vanpools;
(xii) 
Cooperation with transportation providers to provide additional regular or express service to the worksite;
(xiii) 
Construction of special loading and unloading facilities for transit, carpool and vanpool users;
(xiv) 
A provision for bicycle parking facilities, lockers, changing areas and showers for employees who bicycle or walk to work;
(xv) 
A provision for a program of parking incentives such as a rebate for employees who do not use the parking facilities;
(xvi) 
Establishment of a telecommuting program to permit employees to work part- or full-time at home or at an alternative worksite closer to their homes;
(xvii) 
Establishment of a program of alternative work schedules, such as a compressed workweek, which reduce commuting;
(xviii) 
Establishment of a guaranteed ride home program that would provide transportation home, in case of an emergency, to employees who normally use an alternative commute mode; and
(xix) 
Implementation of other measures designed to facilitate the use of high-occupancy vehicles, such as on-site day care facilities and emergency taxi services.
(xx) 
Other measures that the employer believes will reduce the number and length of commute trips made to the site.
(4) 
Employers are encouraged to consider innovative strategies and combine program elements in a manner that will best suit their location, site characteristics, business type, and employees' continuing needs. Employers are further encouraged to cooperate with each other to implement program elements.
(5) 
Request for Modification of CTR Program Elements. An affected employer may request a modification of the CTR program elements. This request must be in writing and delivered to Kitsap Transit. Such request may be granted by Kitsap Transit if one of the following conditions exists:
(a) 
Beyond Control. The affected employer can demonstrate it would be unable to comply with the CTR program element(s) for which the affected employer seeks an exemption, for reasons beyond the control of the employer; or
(b) 
Undue Hardship. The affected employer can demonstrate that compliance with the CTR program element(s) would constitute an undue hardship.
Kitsap Transit may ask the employer to substitute a program element of similar trip reduction potential rather than grant the employer's request.
(6) 
Exemption from CTR Program.
(a) 
Exemption from All Requirements. An affected employer may submit a request to Kitsap Transit to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with the requirements of this chapter as a result of the characteristics of its business, its work force, or its location(s). An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of SOV trips and VMT per employee. Exemptions may be granted by Kitsap Transit at any time based on written notice provided by the affected employer. The notice should clearly explain the conditions for which the affected employer is seeking an exemption from the requirements of the CTR program. Kitsap Transit shall grant or deny the request within 30 days of receipt of the request. Kitsap Transit shall review annually all employers receiving exemptions and shall determine whether the exemption will be in effect during the following program year.
(b) 
Employee Exemptions. Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite's CTR program. Exemptions may also be granted for 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 board administrative guidelines to assess the validity of employee exemption requests. Kitsap Transit shall grant or deny the request within 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.
(c) 
Exemption for Variable-Shift Employees. An affected employer may submit a 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 board guidelines to assess the validity of employee exemption requests. Kitsap Transit shall review annually all employee exemption requests and shall determine whether the exemption will be in effect during the following program year.
(Ord. 1760 § 6, 1999; Ord. 014-08 § 9)
(1) 
CTR Zone and Values. The city authorizes the board of commissioners of Kitsap Transit to, by resolution, establish the CTR zone(s) boundaries and the base year values for SOV rate and VMT per employee within the CTR zone(s).
(2) 
Percentage Reductions of SOVs and VMT per Employee. 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 by the percentage set forth in the CTR plan, 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 board guidelines (RCW 70.94.537).
(3) 
Modification of CTR Program Goals. An affected employer may request that Kitsap Transit modify the employer's CTR goals. Such request shall be filed in writing at least 60 days prior to the date the worksite is required to submit its program description and annual report. The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all the elements contained in its approved CTR program. Kitsap Transit will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR board guidelines. An employer may not request a modification of the applicable goals until one year after Kitsap Transit has approved the employer's initial program description or annual report.
(Ord. 1760 § 7, 1999; Ord. 014-08 § 10)
(1) 
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 program requirements. Affected employers wishing to receive this credit must apply to Kitsap Transit within 90 days of the effective date of the initial ordinance codified in this chapter. 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 Chapter 2, Section 7, of the state CTR 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.
(2) 
Process to Apply for CTR Program Exemption Credit. Affected employers may apply for program exemption credit for the results of past or current CTR efforts by applying to Kitsap Transit in their initial CTR program description or as part of any other annual CTR progress report. 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 board guidelines. 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 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.
(3) 
Notice of Leadership Certificate. As public recognition of their efforts, affected employers who meet or exceed the CTR goals as set forth in this chapter will receive a commute trip reduction certificate of leadership from the city. A notice of this certificate of leadership shall be published in the official newspaper.
(Ord. 1760 § 8, 1999; Ord. 014-08 § 11)
(1) 
CTR Program Review.
(a) 
Approval. Kitsap Transit shall provide the employer with written notification if the employer's CTR program is deemed acceptable. Such notification shall be by certified mail or delivery, return receipt, 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 program within 90 days of submission, the employer's CTR program or annual report shall be deemed approved. Kitsap Transit may extend the review period up to 90 days. The implementation date for the employer's CTR program will 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 certified mail or delivery, return receipt, addressed to the affected employer's employee transportation coordinator. Affected employers will be given 30 days from the date of such notice to submit a revised CTR program. 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 written notification if the employer's CTR program is deemed unacceptable and therefore rejected. Such notification shall be by certified mail or delivery, return receipt, addressed to the affected employer's employee transportation coordinator within 45 days of the CTR program submittal date. The letter will specify the cause(s) for the rejection. Kitsap Transit will schedule a meeting with the affected employer within 21 days of the date of notice. During the meeting, Kitsap Transit will provide technical assistance to the affected employer. The affected employer will 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.
(2) 
CTR Annual Progress Reports. At a minimum, the employer's CTR program report and description must include:
(a) 
A general description of the employment site location, transportation characteristics, employee parking availability, on-site amenities, and surrounding services;
(b) 
The number of employees affected by the CTR program and the total number of employees at the site;
(c) 
Documentation on compliance with the mandatory CTR program elements as described in POMC § 10.86.070(3);
(d) 
Description of any additional elements included in the employer's CTR program as described in POMC § 10.86.070(3); and
(e) 
A statement of organizational commitment to provide appropriate resources to the program to meet the employer's established goals.
(Ord. 1760 § 9, 1999; Ord. 014-08 § 12)
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 delivered by certified mail to Kitsap Transit no less than 30 days before the due date for which the extension is being requested. Extensions not to exceed 90 days may be considered for reasonable cause. Kitsap Transit shall grant or deny the employer's extension request by certified letter, return receipt within 15 days of receiving the request. If there is no response issued to the employer, an extension is 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.
(Ord. 1760 § 10, 1999)
Unless extensions are granted, the employer shall implement its approved CTR program, including approved program modifications, not more than 90 days after receiving written notice from Kitsap Transit that the program has been approved or with the expiration of the program review period, without receiving notice from Kitsap Transit.
(Ord. 014-08 § 13)
(1) 
Compliance. For purposes of this section, "compliance" shall mean:
(a) 
Fully implementing in good faith all mandatory program elements as well as provisions in the approved CTR program description and report;
(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.
(2) 
Program Modification Criteria. The following criteria for achieving goals for VMT per employee and proportion of drive alone trips shall be applied in determining requirements for employer CTR program modifications:
(a) 
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 goals, the employer has satisfied the objectives of the CTR plan and will not be required to modify its CTR program.
(b) 
Fails to Achieve Either Goal.
(i) 
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 applicable SOV or VMT goal, Kitsap Transit shall work collaboratively with the employer to make modifications to its CTR program. After agreeing on modifications, the employer shall submit a revised CTR program description to Kitsap Transit for approval within 30 days of reaching an agreement.
(ii) 
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), and fails to meet either the applicable SOV or VMT reduction goal, Kitsap Transit shall work collaboratively with the employer to identify modifications to the CTR program and shall direct the employer to revise its program within 30 days to come into compliance with the measures defined by RCW 70.94.534(2), including specific recommended program modifications. In response to the recommended modifications, the employer shall submit a revised CTR program description, including the requested modifications or equivalent measures, within 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 not accepted, Kitsap Transit will 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 final decision on the required program will be issued in writing by Kitsap Transit within 10 working days of the conference.
(Ord. 1760 § 11, 1999; Ord. 014-08 § 14)
(1) 
Violations. The following constitute violations of this chapter:
(a) 
Failure to perform a baseline measurement, including:
(i) 
Employers notified or that have identified themselves to Kitsap Transit within 90 days of the effective date of the initial ordinance codified in this chapter and that do not perform a baseline measurement consistent with the requirements specified by Kitsap Transit within 90 days from the notification or self-identification;
(ii) 
Employers not identified or self-identified within 90 days of the effective date of the initial ordinance codified in this chapter and that do not perform a baseline measurement consistent with the requirements specified by Kitsap Transit within 90 days from the effective date of the initial ordinance codified in this chapter;
(b) 
Failure to implement an approved CTR program, unless the program elements that are carried out can be shown through quantifiable evidence to meet or exceed VMT and drive alone goals as specified in this chapter;
(c) 
Failure to develop and/or submit a complete CTR program by the applicable deadlines as stated in this chapter;
(d) 
Failure to implement an approved CTR program by the applicable deadlines as stated in this chapter;
(e) 
Failure to modify an unacceptable CTR program by the applicable deadlines as stated in this chapter;
(f) 
Failure to self-identify as an affected employer;
(g) 
Failure of a newly affected employer to identify itself to Kitsap Transit within 90 days of becoming an affected employer;
(h) 
Failure to submit on time an annual CTR program progress report to Kitsap Transit;
(i) 
Failure to maintain agreed-upon CTR program records;
(j) 
Submission of false or fraudulent data in response to survey requirements;
(k) 
Failure to make a good faith effort, as defined in this chapter and in RCW 70.94.534.
(2) 
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 pursuant to RCW 7.80.120.
(b) 
Separate Offenses. Each day of failure to implement the program shall constitute a separate violation subject to penalties as described in Chapter 7.80 RCW.
(c) 
Failure Due to Union. An employer shall not be liable for civil penalties if failure to implement an element of a 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:
(i) 
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
(ii) 
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 (RCW 70.94.531).
(d) 
Not Liable. No affected employer with an approved CTR program may be held liable for failure to reach the applicable SOV or VMT goals.
(Ord. 1760 § 12, 1999; Ord. 014-08 § 15)
(1) 
Service of the Notice of Infraction. An adjudicative procedure under this chapter is commenced by the issuance of a notice of civil infraction. Service of a notice of civil infraction shall be by either personal service or by certified mail, return receipt requested.
(2) 
Contents of the Notice of Civil Infraction. The notice of civil infraction shall contain the following:
(a) 
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;
(b) 
A statement that a civil infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction;
(c) 
A statement identifying the party issued the notice of civil infraction;
(d) 
A statement of the specific civil infraction for which the notice was issued;
(e) 
A statement of the monetary penalty established for the civil infraction;
(f) 
A statement identifying the procedure to contest the notice of civil infraction;
(g) 
A statement that a party must respond to a notice of civil infraction within 15 days from the date the notice of civil infraction was received;
(h) 
A statement that failure to respond to the notice of civil infraction as directed in this chapter will result in a default judgment for the identified monetary penalty being entered against the party named in the notice of civil infraction.
(3) 
Failure to Respond. A notice of civil infraction represents a determination that a civil infraction has been committed. The determination is final unless contested as provided in this chapter.
(4) 
Hearing on a Civil Infraction.
(a) 
An affected employer or newly affected employer issued a notice of civil infraction may request a hearing on the infraction by submitting a written request for a hearing to the presiding officer not later than 15 days from the date the notice of civil infraction was received.
(b) 
The presiding officer shall set a meeting between the affected employer or newly affected employer and the presiding officer not later than 15 days after the notice requesting a hearing is mailed. At such meeting, the affected employer or newly affected employer will explain its view of the alleged infraction and the presiding officer will explain Kitsap Transit's view of the matter.
(c) 
If the affected employer or newly affected employer to whom a notice of civil infraction is issued is found to have committed the infraction, the presiding officer shall, within 10 days, serve upon the affected employer a written determination of the reason(s) for the decision and information about appeal procedures.
(d) 
The written findings of the presiding officer shall be considered an initial order. If the affected employer does not appeal as provided for in this chapter, the initial order shall become the final order.
(Ord. 1760 § 13, 1999)
(1) 
Hearing an Appeal.
(a) 
Venue. The affected employer shall select to appeal the initial order of the presiding officer in either Port Orchard's municipal court or through the administrative process set forth in this chapter.
(b) 
Time. An appeal of a determination that an affected employer or newly affected employer committed a civil infraction under this chapter shall be commenced by filing a written notice of appeal within 30 days of the issuance of the presiding officer's written findings.
(c) 
Administrative Process.
(i) 
Kitsap Transit shall hire and pay for a hearing examiner for the sole purpose of hearing appeals brought pursuant to this chapter.
(ii) 
Appeals shall be heard within 60 days of the date the notice of appeal is received by the presiding officer; however, 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.
(iii) 
The hearing examiner will evaluate employers' appeals of administrative decisions by determining if the decisions were consistent with this chapter, the Washington State CTR law and the CTR board guidelines. Appeals may be granted by the CTR hearing examiner if the employer can show the violations for which the penalties were imposed occurred for reasons beyond the control of the employer, or the penalties were imposed for the failure of the employer to revise its CTR program as directed by Kitsap Transit and the employer can demonstrate that measures Kitsap Transit directed the employer to incorporate in its CTR program are unlikely to reduce the proportion of SOV commute trips and/or VMT per employee.
(iv) 
The decision of the hearing examiner shall be a final administrative decision in the matter.
(Ord. 1760 § 14, 1999; Ord. 014-08 § 16)