▼

City Clerk's Office

Show All Answers

1. How do I watch a City Council meeting?

There are several ways to watch a City Council meeting:

• Zoom
  • Join the Zoom meeting by clicking on the link provided on the agenda or find the link in the City’s online calendar.  The Zoom meetings are closed captioned.
• City website livestream 
  • Visit the Agendas & Minutes page, then click on "In Progress" when the meeting starts)
• Bremerton Kitsap Access Television (BKAT)
  • Watch Channel 12 on Comcast & Channel 3 on WAVE

2. Where can I find City Council agendas?

The City Council agendas are posted on the City's website at bainbridgewa.gov/1101.

You can access the page by selecting the "Agendas and Minutes" button on the right side of the City's homepage and at the bottom of this page.

The agenda is published after 4:30 p.m. on the Friday before each meeting.

Previous Council agendas, meeting videos, and meeting minutes are provided in the Archives section on the lower section of the Agendas & Minutes page.  

You can also find Council agenda packets and meeting minutes organized by year in City Documents. 

3. How can I comment on an agenda item?

You can email your comments to City Councilmembers at council@bainbridgewa.gov, or you can comment during the Public Comment portion of City Council business meetings the second and fourth Tuesday evening of every month. Public comment is also taken during public hearings on certain ordinances.

4. How do I contact council members?

Contact information for council members is located on the Council page. You can also click on each member’s name on that page to access individual pages.

You can contact the entire Council by emailing council@bainbridgewa.gov.

5. What is the easiest way to access public records?

The City’s homepage has a “box” for Public Records on the right side of the page.  

Select this box to go to the Public Records page where you will find a link to the public records portal, information on how the City processes public records requests, a link to the City’s financial transparency portal, a link to City Documents, a link to online permits, and a link to the Council agenda page.

6. How do I submit a public records request?

Public Records Requests submitted under RCW 42.56, the Public Records Act, should be submitted through our online Public Records Portal at https://bainbridgewa.nextrequest.com.   You can also search the public records request database for records previously provided to the public.  Please note that you will be required to create an account for the Public Records Portal and provide at least one contact method.

Access to Municipal Court records is governed by court rules and not the Public Records Act.  For information on requesting Municipal Court records, please go to the Municipal Court page.

7. Is any information exempt from a public records request?

The City is not required to permit public inspection and copying of records for which public disclosure of the record is prohibited, restricted or limited by state or federal statute or regulation.

RCW 42.56 describes the records that are exempt from the Washington State Public Records Act.

 In addition, other statutes (such as statutes relating to juvenile records and health care information) may exempt or prohibit disclosure of other documents and information. Also, we are prohibited by statute from disclosing lists of individuals for commercial purposes.

The Municipal Research and Services Center maintains an up-to-date list of current exemptions and prohibitions on their website at www.mrsc.org.

 

8. How long does it take for the City to respond to a public records request?

The simplest requests for immediately available records (Category 1) are responded to within 5 business days, and often on the date of the request. For all other requests, the City will provide a written response to the requester within five business days with a reasonable estimate of the time necessary to make the records available.   Category 2 requests usually require between 5 and 30 business days, Category 3 records requests may require several weeks to several months. Category 4 records requests are the most complex, involve thousands of records, and often require review by the City Attorney.   They may require several weeks to a year or more.  For Category 3 and 4 requests, we respond in installments, supplying a portion of the responsive records each month until the request is complete.

9. How can I learn more about the City’s public records request process?

To learn more about the City's public records request process, you can read a summary or the City's Public Records Administrative Rules.

10. How can I access the Municipal Code?

The Bainbridge Island Municipal Code is on the City’s website.  You can find the Code by selecting the Municipal Code button in the middle of the City’s homepage.

 Please note that the most recent ordinances may not be codified.

11. How can I find ordinances and resolutions passed by Council?

Ordinances and resolutions are available in City Documents on the City’s website and are organized by year.

12. How do I submit a claim for damages?

If you believe the City is at fault for an incident or accident resulting in loss, injury or damages, you can file a claim requesting payment. Claims must be filed using the official Claim for Damages form and submitted to the City Clerk. Instructions may be found at https://www.bainbridgewa.gov/568.

13. How can I find real property records?

Kitsap County manages real property records for Bainbridge Island.  Their resources include a parcel search and a database of recorded documents.

14. Who administers elections?

Kitsap County administers primaries and elections and manages the voter registration process for Kitsap County voters.  You can find information on elections and elected officials on their website.

15. Does the City Clerk issue business licenses?

No, please contact the Finance Department  at 206-780-8668 for information on business licenses.

▼

Comcast Franchise Agreement

Show All Answers

1. What is a franchise agreement?

A franchise agreement is a contract between the City and a public or private utility or telecoms provider who needs access to the City’s rights of way (ROWs) to deliver its services. The City negotiates and executes franchise agreements, which grant the private company or other public agency the right to use the City’s ROW for the installation, maintenance, and repair of their facilities–typically underground pipes and conduits or above-ground cables and lights on poles. A franchise typically covers a wide range of topics, such as permitting procedures, notice requirements before digging in the ROW, insurance and indemnification, length of the franchise, and any applicable costs, fees, or tax arrangements.

2. What benefits do residents receive from the current franchise agreement?

Under the current franchise agreement, residents receive the following benefits:

• Comcast is obligated to meet certain customer service standards, operate a customer service location within Kitsap County, and provide its customers with an accurate service agreement and related information. 
• Upon request by a customer, Comcast is obligated to provide at no charge a parental control or lockout device to enable the customer to control access to both audio and video portions of any channel. 
• Access to two public educational and governmental access channels, which are operated on behalf of the City by Bremerton Kitsap Access Television (BKAT).
• Non-discriminatory rates for customers, non-discriminatory charges for installation of cable services for new customers, and a publicly-available schedule of current rates and charges. 

3. Cable prices vary significantly between Bainbridge Island and other areas of the country. What can the City do to reduce this variation?

Federal Law and Federal Communications Commission (FCC) regulations prohibit the City from regulating rates in Bainbridge Island, except to the extent of ensuring they are non-discriminatory. Cable companies determine what they charge in various cities and regions of the country.

4. What can the City do to improve the quality of cable services provided by Comcast?

As part of the franchise negotiation process with Comcast, the City will review the existing customer service standards, the penalties for violating such standards, and Comcast’s performance with those standards. Importantly, feedback on Comcast’s performance will be solicited from residents. If the quality of cable service provided by Comcast has been inadequate, the City will pursue higher customer service standards and consider what other actions may be taken under federal law to improve the quality of cable services provided.

5. What is the City doing to foster competition among cable companies operating on Bainbridge Island?

Federal Law and FCC regulations limit what the City can do to attract companies since the City must maintain parity between Comcast and potential other wireline cable television providers. For most companies, expanding onto Bainbridge Island would require major financial investment which could be financially unfeasible. There can be negative consequences to overbuilding, and as cord-cutting increases, those potential downsides also increase.

In accordance with Federal Law, the City drafts its cable franchise agreement to be non-exclusive. This means that other cable companies can choose to build out a cable system on Bainbridge Island, but building a cable network is expensive. Dish, and Direct TV are direct broadcast satellite providers and are available alternatives. Additionally, services such as Amazon, Hulu, and Netflix now provide alternatives to traditional cable service.

6. Does the franchise agreement address tree trimming?

The current franchise agreement requires Comcast to obtain all required permits under the City Code before engaging in any tree trimming or pruning of trees in the City’s right of way that interferes with operation of its cable system.

7. Does the franchise agreement address broadband internet access service offered by Comcast?

Unfortunately, no. Federal Law and Federal Communications Commission (FCC) regulations prohibit the City from regulating non-cable services provided by Comcast through its cable system, including Broadband Internet access service. Therefore, the franchise agreement does not address broadband internet and the City cannot, as a condition of franchise renewal, make requirements for Internet Service or Telecommunication Service part of a renewed Comcast Cable Franchise.

▼

Drinking Water Well

Show All Answers

1. Who assigns water rights on the Island and who licenses well construction?

The Washington State Department of Ecology is the governing authority of water rights and well licensing in the state.

Noel Philip Well Construction

Email

Ph: 206-594-0195

2. Where can I find information about how many wells are on the island and/or information about a particular well?

The Department of Ecology maintains a Well Log Database that is searchable either graphically through the use of a map or by parcel number/site address.

If you need assistance, please contact Arlene Harris

3. Who do I talk to about the quality of my drinking water?

If you are a City of Bainbridge Island Water Utility customer, please contact the Department of Public Works Water Utility at 206-780-3584 or by email.

If you are a customer of another public water provider on the Island, please call the information number listed on your billing statement.

For small community or private wells, the Kitsap Public Health District is the governing authority of drinking water certification.

4. Who do I talk to about the city’s water utility?

Department of Public Works Water Utility at 206-780-3584, or by email.

▼

Finance - Business License / B&O Tax

Show All Answers

1. Who needs a City Endorsement on their State Business License?

Every person, firm, association, or corporation engaging in business within the City of Bainbridge Island must have a valid City endorsement on their State of Washington business license.   

Engaging in business means commencing, conducting, or continuing in business, and the exercise of corporate or franchise powers and liquidating a business (Ordinance No. 2018-35). For online and cloud-based businesses, engaging in business is defined as the physical address of the business as listed with the Washington State Department of Revenue. Without being all-inclusive, engaging in business includes:

• General Contractors and all Subcontractors
• Home-based Businesses (including online and cloud-based businesses)
• Mobile Retail Food Establishments (i.e., food trucks) and other mobile businesses
• Nonprofit Organizations (although they are exempt from the City fee)
• Real Estate Agents (including those working under a brokerage if the agent is an independent agent and not an employee)
• Rental property owners and property developers (no matter if the property rented or developed is not located on the island)
• Short-term, Long-term Housing or Vacation Rentals (including short-term platforms such as Airbnb or VRBO)
• Vendors at Special Events

A more comprehensive list is available in Chapter 5.05 of the Municipal Code as modified by City Ordinance No. 2018-35. The City definition meets the State of Washington model threshold definition as mandated by RCW 35.90.080.

For means of determining the standard for "within the City," the City has adopted the definition for physical nexus presence, meaning the nexus standard for determining presence within the City need only be demonstrably more than the slightest presence. 

Physical presence nexus creating activities include, but are not limited to:

• having an employee working in the State and, subsequently, in the City
• having property in the State and, subsequently, in the City
• having a stock of goods in the State and, subsequently, in the City, including inventory held by a marketplace facilitator or another third party representative
• renting or leasing tangible personal property in the State and, subsequently, in the City
• having an agent or third-party representative engage in activities significantly associated with establishing or maintaining a market in the State and, subsequently, in the City
• soliciting sales in the State and, subsequently, in the City through employees or other representatives
• installing or assembling goods in the State and, subsequently, in the City, either by employees or other representatives
• constructing, installing, repairing, or maintaining real property or tangible personal property in the State and, subsequently, in the City, either by employees or other representatives
• providing services in the State and, subsequently, in the City, such as accepting returns or providing product training, either by employees or other representatives
• delivering goods into the State and, subsequently, in the City other than by mail or common carrier, including using the seller’s own vehicle
• having an exhibit at a trade show to maintain or establish a market for in the State and, subsequently in the City, except for as provided in our Special Notice titled Trade Convention Exception from Nexus for Retail Sales
• soliciting sales in the State and, subsequently, in the City through employees or other representatives
• installing or assembling goods in the State and, subsequently, in the City, either by employees or other representatives
• constructing, installing, repairing, or maintaining real property or tangible personal property in the State and, subsequently, in the City, either by employees or other representatives
• providing services in the State and, subsequently, in the City, such as accepting returns or providing product training, either by employees or other representatives
• delivering goods into the State and, subsequently, in the City, other than by mail or common carrier (USPS, FedEx, etc.), including using the seller's own vehicle
• having an exhibit at a trade show to maintain or establish a market for in the State and, subsequently in the City, except for as provided in our Special Notice titled Trade Convention Exception from Nexus for Retail Sales

Important note: If a business has more than one location in the City, a separate endorsement is required for each location.

Business Endorsement Exemptions

Fee-Exempt Business (license endorsement required BUT no fee due)

Is your business exempt from the endorsement requirement but you still need an endorsement? Or, are you operating a non-profit (endorsement required but fee-exempt)?

A Fee-Exempt Business Endorsement allows businesses to register with the City and obtain a City Business Endorsement without paying the fee. To apply for a Fee-Exempt Endorsement:

• Complete the City of Bainbridge Island Business License Application.
• Choose the Fee-Exempt option. 

Business owners will be contacted by the City to ensure their application meets the qualifications for fee exemption. Fee-exempt applications are subject to the same zoning and code compliance review and approval as a general or home occupancy application. Be aware, the City will attempt to reach a business owner twice to discuss fee-exempt qualifications and acquire necessary information for zoning and code compliance review. If no response is received, the application will automatically be denied for failure to provide required information. Applications failing to provide valid contact information (i.e. phone number and /or email address) will also be automatically denied. 

Important note: Fee-exempt endorsements will be audited yearly to ensure a business continues to meet qualifications for exemption. Businesses not meeting qualifications will have their endorsement automatically changed to a fee-based endorsement.

Full Exemption (no license endorsement required AND no fee due)

The following businesses do not require an endorsement and are also exempt from the fee (BIMC 5.04.080 and 5.40.030):

The exercise of governmental functions performed by any instrumentality of the United States, the state of Washington, or any political subdivision thereof.

• Farmers and gardeners selling their own farm products raised and grown exclusively upon lands owned or occupied by them.
• Garage sales conducted on residential premises.
• Coming onto the island for the mere delivery of goods and services where the sale occurred outside the City, and the delivery was the only event occurring within the City (the performance of contracting and subcontracting work is not exempt).
• Any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the City is equal to or less than $3000.
• Any business activity carried on a the same fixed location for not more than one (1) day per week and not more than four (4) consecutive weeks in one (1) calendar year or any business carried on at the same fixed location in the City for not more than four (4) consecutive days in one (1) calendar year.

2. How do I apply for or renew a City Endorsement on my State Business License?

Apply for or renew your City Business Endorsement via        WA-DOR Business Licensing Service

 Application

In 2018 the City contracted with the State of Washington Business Licensing Service (BLS) to handle the City's business licensing. This gives businesses a "one-stop shopping" portal for obtaining city endorsements throughout the State. The City continues to oversee and regulate business licensing endorsements according to City Code. The City has responsibility for the approval, and denial, of business license endorsements.

If your business is located off the island (non-resident), your business license endorsement will be granted automatically unless the business applies for a fee-exempt endorsement. If a non-resident business applies for a fee-exempt business endorsement, the City will contact you to determine if the business meets qualifications for fee exemption. 

If your business is located on the island, your application will be reviewed by the City for compliance with legal, zoning, and signage requirements. More than likely, business owners will be contacted by the City to provide additional information pertaining to the required City code and zoning compliance review either by (a) email or (b) phone. If the application is approved, a City endorsement will appear on your Washington State Business License. The approval process could take up to four weeks, or longer if compliance questions arise.

Important note: The City will attempt to contact the business twice to secure the additional information.  After the second attempt, the application will be terminated for failure to provide required information. Failure to provide valid contact information (i.e., phone number and/or email) will result in an automatic denial of the application.

Additional Information or Permissions

Certain businesses require additional information or permissions. It is the responsibility of the business owner or primary agent to provide the additional information and/or secure any and all approvals required by the City, County, and State. Common businesses requiring additional information or permissions include but are not limited to:

• Establishments selling or serving alcohol.
• Cannabis Growing, Processing, and/or Retail Establishments.
• Commercial Parking Lots.
• Vineyards, breweries, and distilleries.
• Mobile Retail Food Establishments (PDF) (i.e., food trucks) or other mobile businesses.
• Operation of one or more of the following:
  • Cabarets
  • Games of skill (i.e., video games)
  • Amusement games (e.g., billiard tables, pool tables, foosball tables, etc.)
  • Jukeboxes
  • Veterinary clinics or animal boarding facilities
• Short-Term Vacation Rentals (PDF) (including Airbnb or VRBO on line platforms). (PDF)
• Long-term rentals.

3. Do I need a State of Washington Business License to obtain a City Endorsement?

Yes. The Washington State Department of Revenue issues a "Uniform Business Identification" (UBI) number. The State UBI registers a business entity for state tax purposes and is mandatory prior to obtaining a Bainbridge Island endorsement on your State of Washington business license. Only a City endorsement on a State business license entitles a business to engage in business in the City. Visit the State of Washington Business Licensing Service website (WA-DOR) to obtain your UBI number.

4. How much does a City Endorsement on my State Business License cost?

A City endorsement on your State of Washington business license costs $71 ($74 in 2024). You will pay this fee at the time of application (fee MUST be included for your application to be processed) and the same fee annually to maintain your City endorsement.

Nonprofit Organizations are exempt from the City endorsement fee although they are still required to obtain a State business license and a City endorsement. See this webpage, about half way down, for fee-exempt endorsement.

WA-DOR Business Licensing Service (BLS) may add additional processing fees to cover their processing, postage, and other costs.

5. Where do I post my Washington State Business License that includes my City of Bainbridge Island endorsement?

Your State of Washington Business License that includes a City endorsement must be posted in clear public view in the place of business for which it is issued.

6. How do I renew my City Business License Endorsement?

Approximately six (6) weeks before your State of Washington business license expires, the State Business Licensing Service (BLS) will email you a license renewal notification with instructions to renew through BLS. Payment is accepted online with E-check or credit/debit card. If you prefer to renew your license by mail using the BLS renewal form, the form and a check, made payable to the Washington Department of Revenue, must reach BLS before the license expiration date. The Sate will assess a late filing fee for renewals received after the expiration date.

Nonprofit organizations are exempt from the City's Business License Renewal Fee but are still required to obtain a license and pay applicable State fees.

7. Are there City Business and Occupation Taxes?

As an incorporated city, one way Bainbridge Island raises revenue is through its Business & Occupation (B&O) Tax levied on businesses doing business on the island. Businesses with gross receipts of more than $150,000 earned on Bainbridge Island are subject to the City’s B&O Tax set at 1/10 of 1%. The tax is filed annually reporting gross revenue for the prior calendar year. This B&O Tax is separate from and in addition to the Washington State B&O Tax. 

The City mails a personalized B&O Tax Report to our businesses in January each year. B&O Tax Returns and tax payments are due by April 15th. If the 15th falls on a weekend the return, and any applicable payment is due on the next business day. Full instructions for completing the City's B&O Tax Return and information on penalties are available on the B&O Tax webpage.

Important note: Nonprofit organizations are only subject to Business and Occupation Taxes when undertaking for-profit activities.

If you have questions about the City’s B&O Tax, please contact the Finance Department at (206)780-8591 or taxes@bainbridgewa.gov.

_____________________________

• 2020 B&O Tax Return (RY2019)

• 2021 B&O Tax Return (RY2020)

• 2022 B&O Tax Return (RY2021)

• 2023 B&O Tax Return (RY2022)

8. What if my business moves to a new location and/or the mailing address changes?

You are required to notify the State of Washington Business Licensing Services (BLS) Please notify: 

WA-DOR Business Licensing Service https://dor.wa.gov/ (360) 705-6741

When your request for a physical address change is received, and the business is physically located on Bainbridge Island, the change will be reviewed by the City for compliance with legal, zoning, and signage requirements. If there is a compliance-related question or problem, or if further information is required, the business will be contacted. This process could take up to four weeks, or longer. Owners will be notified of the outcome. Approved changes will appear on your Washington State Business License.

9. How do I cancel or close my State Business License with a City Endorsement?

To cancel or close your City Business Endorsement contact: 

WA-DOR Business Licensing Service https://dor.wa.gov/ (360) 705-6741

10. What if I sell my business?

The City endorsement on your State Business License is personal and non-transferable. No endorsement allows another person to operate a business under the seller's endorsement. The new owner must apply for a new State of Washington business license and City endorsement. To notify the State of the sale of a business, contact:

WA-DOR Business License https://dor.wa.gov/ (360) 705-6741

▼

Lovell Avenue Beach Mains FAQ

Show All Answers

1. How loud is the grinder pump?

With an outdoor unit buried in the ground, you will not hear it at all if you are 10 or 15 feet away. If you are standing on top of it, it sounds like your washing machine when it’s running — just a hum (69 dB at 6 feet).

2. How long will the pump operate each day?

Typical operation is a total of 10 to 30 minutes per day for single-family residential homes. It is designed to turn on several times throughout the day (20 to 40 times for a single-family home), for 1 to 2 minutes each time. This will vary with water usage — the more water you use, the more often the pump will turn on.

3. What is the average yearly electrical cost to operate a grinder pump servicing the typical single-family home?

A typical single-family home uses approximately 250 gallons of water per day. The E/One pump for this home will consume about 200 KWh of electricity per year. Check your utility bill for the cost per kilowatt hour in your area. For example, if you pay 11 cents per kilowatt hour: $0.11 KWh x 120 KWh = $13.00 per year cost of electricity to operate the E/One pump.

4. What can I flush with a grinder pump?

The only items that should be going down your drains are water, regular toilet paper, and human waste. The following items should not be introduced into the grinder pump station (or any sewer system); they can damage or cause premature problems (parts wearing out) with your pump, or build up in the tank and block your pump from working properly.

• Take care not to dump large amounts of grease, paint, strong chemicals, and avoid putting sand, kitty litter, etc. down your drain.
• Feminine products and personal/cleaning wipes (even if they are marked "flushable") should be disposed of in a garbage can, not flushed.

▼

Municipal Court - Civil Legal Resources

Show All Answers

1. What should I wear and how should I act in court?

Shirts and shoes are necessary and respectable clothing is recommended. Hats are to be removed upon entering the courtroom. No smoking, food or drink will be allowed. Children may be present in the courtroom, but if they disturb the proceedings you may be requested to remove them. The Court does not provide childcare.

Check in with the Clerk and Court Security Officer upon your arrival at Court. After your check-in is complete, you may then enter the courtroom. Please turn off your cell phone. Find a seat and wait until your name is called. When your name is called, come forward and be seated at the table with the defense attorney.

2. What is an arraignment?

The arraignment is generally your first appearance in court on the citation or charge. If you were summoned to court, you will appear in person at the court. If you were arrested, you will remain at the Kitsap County Jail and will see the Judge through the jail video system.

The Judge will inform you of the charge and explain it. Next it will be confirmed that you understand your constitutional rights as explained by the document you were given when you checked in with the Court Security Officer, and finally the maximum punishment and mandatory minimum punishment, if any, will be stated. Bail and conditions of release will be discussed and set by the court. For a person charged with a non-violent offense with little to no criminal history, it is not uncommon to be released on personal recognizance ("PR") and other conditions such as a no-contact order or a requirement not to drink alcohol or use drugs. However, if the offense involves behavior that endangers others, bail and other more stringent conditions may be imposed as a condition of any release to the community.

3. What are my constitutional rights?

All persons accused of any crime or traffic offense that might result in a jail sentence have the following rights:

1. To have a lawyer present with you at all hearings;
2. To have a lawyer appointed at public expense if you cannot afford to hire one to represent you.
3. To a public and speedy trial;
4. To cross-examine any witness who testifies against you;
5. To call witnesses to testify on your behalf, and have the Court compel their attendance;
6. To testify or not testify yourself; if you choose not to, no one can make you testify;
7. To appeal to Superior Court if you are convicted after a not guilty plea.

4. My car was impounded when I was arrested for a DUI - where is it?

The law requires that the police impound your car when you are arrested for DUI. There are three towing companies used for impounds in Kitsap County - you must contact these companies to locate your car and pay the necessary towing fees.

• Gateway Towing 206-842-4851
• Kitsap Towing 206-842-6232
• Chico Towing 206-842-7898

5. Should I talk to a lawyer before entering a plea?

It is recommended that you discuss your case with a lawyer before entering a guilty plea. The public defender will be present at the arraignment and represent all defendants for that hearing. Most defendants appearing in custody haven't had a chance to hire private council prior to arraignment. You will be given time to hire an attorney before your next hearing if you do not qualify for the public defender.

6. What if I am financially unable to hire a lawyer? How do I qualify for a public defender?

At the arraignment, ask to screen for the public defender. The Judge will request that you fill out a financial affidavit and call you up to discuss whether you qualify for appointed counsel. If the public defender is appointed to represent you, the clerk will give you a form with the address and phone number of the public defender. It is your responsibility to contact the public defender to schedule an appointment and to be available for all meetings requested by the lawyer.

7. If I plead guilty what will happen?

At an arraignment hearing, most people charged with a criminal offense enter a not guilty plea. This allows more time to acquire an attorney, review the police reports, investigate the charge, and consider possible diversion options or sentencing recommendation of the prosecutor. Once more information is provided, a person may decide to enter a guilty plea- typically at a later pre-trial hearing.

If you plead guilty it means you admit the charge and elements to prove the charge. By pleading guilty you waive your constitutional rights and in most cases will be sentenced right then. However, you may speak on your behalf at sentencing. The Judge will then usually review the police report, if available, and sentence you.

8. What happens if I plead not guilty?

A not guilty plea is a denial of the charge and none of your constitutional rights are waived unless you expressly wish to do so. You are presumed innocent and the prosecution must prove your guilt beyond a reasonable doubt at a subsequent trial.

After your arraignment, the next hearing will be a pre-trial hearing where the prosecutor will be present. You and your lawyer are required to be present. It is not uncommon for a defense attorney to continue this hearing once or more to allow sufficient time to investigate your case and negotiate with the prosecutor. This also allows the attorney to find out more information about possible diversion options that could help you keep the crime off of your record. At a pre-trial hearing, motions may be heard and a jury or bench trial may be set. Information about all evidence in the case and witnesses names is exchanged.

9. What happens if I am sentenced to jail?

In most cases, you will not be taken directly to jail. Instead you will be given a period of time in which to complete your commitment. Jail alternatives such as electronic home detention and community service are commonly imposed instead of jail if you do not have criminal history.

10. What alternatives are there for serving a jail sentence?

There are several alternatives to serving time in jail. In some cases, jail time may be converted into community service. You may also be allowed to serve your time on home detention. The court also utilizes technology such as a skin-alcohol monitoring ("SCRAM") device, GPS device, and drug testing to ensure that the community is protected and electronic home detention time is served appropriately.

11. What must I do if I can't pay my entire fine at sentencing?

If you can’t pay your fine in full at the time of the hearing you will be able to set up a payment plan. Failure to pay fines may result in late fees, a possible suspension of your driver’s license and assignment of the account to a collection agency. Review the court's information about Fines and Payment Options to learn more.

12. What is the process for sealing records and vacating convictions?

The State of Washington courts has created a helpful guide regarding this issue. You may also contact an attorney to seek advice on this topic. Please see the following resources in guiding you:

• Vacate Misdemeanor Conviction Information Packet and Motion (PDF)
• Guide to Sealing Court Records, Vacating Convictions

13. I missed court and have a bench warrant. How do I quash the bench warrant?

Bench warrant quash hearings are held on Tuesdays. Contact the court at least the day before to be confirm court is being held on the day you plan to come.  Your bench warrant quash hearing will be held on the 9 AM calendar, which typically is finished by 11 AM.

▼

Municipal Court - Mediation

Show All Answers

1. What is mediation?

Mediation is:

• An informal process where impartial mediators help people resolve a conflict
• Mediators facilitate, or guide, the conversation
• Parties talk about what is important to them in a safe setting
• A private and confidential process
• An opportunity to explore options not considered in the past
• A chance to develop realistic, workable solutions
• Clients control the outcome - reaching an agreement is voluntary

The DRC does not provide legal advice, counseling services or tell people how to resolve their conflict in mediation services.

2. Who should use mediation?

Mediation is an excellent choice for clients who wish to have a say in the outcome of the conflict. Typical cases the DRC hearings involve;

• Divorce cases
• Modifying Parent Plans
• Neighborhood conflicts
• Commercial disputes
• Landlord / tenant disputes
• Workplace conflicts
• Contract negotiations
• Large group facilitations
• Communication agreements

The DRC office staff will be glad to help you determine if mediation is appropriate in your case. Clients that choose to use mediation still have the option of using the court system should the outcome of mediation not meet their needs. There may be some cases that are inappropriate for mediation such as cases involving domestic abuse, violent acts, or significant mental health issues.

▼

Municipal Court - Parking Tickets

Show All Answers

1. Do I have to appear in person to mitigate my parking ticket?

The court allows mitigation hearings in person and by mail. You may use the Mitigation by Mail Form (PDF) to mitigate your parking ticket. If you would like to contest your ticket, you must appear in person. Review the frequently asked questions about infractions to learn more about the difference between a mitigation and contested hearing.

2. I forgot to put up my employee parking pass and got a parking ticket. What do I do?

Be sure to bring in a copy of your employee parking pass to your hearing or send in a copy with your mitigation by mail request. The court does take into consideration the fact that you possessed an employee parking pass at the time of your ticket.

3. I forgot to put up my handicapped placard and got a parking ticket. What do I do?

Bring in or send in a copy of your valid handicap parking pass, your handicap parking ID card, and fill out the mitigation form below explaining the circumstances. RCW 46.19.050 requires that you sign a statement that establishes that the person operating the vehicle or being transported at the time of the infraction had a valid placard, special license plate, or special year tab at the time of infraction. Assuming these requirements are met, the court will dismiss your ticket.

Mitigation by Mail Form (PDF)
Request for Hearing Form (PDF) (Parking Ticket)

▼

Municipal Court - Records Request

Show All Answers

1. Does the Public Records Act apply to the Judicial Branch?

Access to judicial records is governed by court rules and not the Public Records Act (PRA) under RCW 42.56. There are two types of judicial records addressed by court rules: (1) "court (or case) records" (records filed with the court in a judicial proceeding that are usually maintained by the court clerk); and (2) "administrative records" (any record pertaining to the management, supervision or administration of the judicial branch).

Access to court/case records in the municipal court is governed by the following court General Rules (GR): GR 31 (Access to Court Records), GR 15 (Destruction, Sealing and Redaction of Court Records).

Access to judicial administrative is governed by GR 31.1 (effective January 1, 2016). The judicial branch is committed to openness, transparency, and the belief that the public should have access to most court records and administrative public records. These FAQs address GR 31.1, access to judicial administrative records. For information regarding access to records contained in court case files (court or case records), please consult GR 31.

The form for requesting records from a case file is located on the court website under Records Request. It is best to request records in person from the court to make sure the clerk fully understands your request. However, you may also mail or email the records request form to the court. It is your responsibility to make sure it is properly received by the court by calling the court at 206-842-5641 to confirm.

2. What is the purpose of Rule GR 31.1?

GR 31.1 ensures the public's right to access to judicial administrative records, clarifies the responsibilities of judicial agency officials with regard to providing access to these records, and assists in identifying exceptions to public access.

3. What judicial administrative records in Washington State are available to the public?

Judicial administrative records in Washington State are generally accessible to the public. These records may be written or recorded information related to the management of the court, its business with the public, or the carrying out of its administrative functions. These records include copies of records made by, used by, or received by a court in connections with its administrative functions.

The form for requesting administrative records is located on the court website under Records Request. You may mail or email the request form to the court or drop it off in person during regular business hours. It is your responsibility to make sure it is properly received by the court by calling to confirm. You may contact the Court Public Records Officer at 206-842-5641.

4. Why are some records not available to the public?

State and federal law require judicial branch agencies and courts to keep some records confidential. Confidential records are not available to the public. Access to some records containing sensitive personal information is restricted by law to protect peoples' right to privacy and to protect them from possible harm or harassment. Records maintained or created by a judge or the judge's staff are called "chamber records" and are not subject to disclosure.

5. If a record is available to the public, why may portions of the record be blocked out (redacted)?

While most administrative records will be provided in their entirety, some records may contain sensitive or private information. This sensitive or private information may be removed or blocked out of a record. This is called a redaction. Examples of information that will be redacted include social security numbers, some financial information, home addresses, medical records and health care information. The request will be notified when information has been redacted from a record along with the reason for that redaction.

6. How long are administrative public records kept?

Administrative records are subject to a retention schedule. Most administrative records are retained for six years.

7. How do I request a record?

All requests to inspect or obtain administrative public records must be submitted in writing.

Please send the completed form to the Public Records Officer at the court. You must provide your legal name and physical address when you submit the request. If you need assistance due to disability, please contact the court Public Records Officer at 206-842-5641.

8. What is the Municipal Court's process for responding to the request?

Within five days of receipt of your administrative records request, the court PRO will confirm that your request was received and, when possible, will estimate the time it may take to locate and send the records to you. Although the judicial branch is not penalized if confirmation is not made within the five day period, every effort is made to ensure that receipt of your request is properly confirmed. Please see the Municipal Court's Policy and Procedures (PDF) for more information.

The court is not required to create a new public record to respond to your request if the request you submitted is for a record that does not exist. If the request is not specific enough to understand, or if the request is very broad and costly, we may call or write you for clarification so that we can avoid unnecessary expenses to you and the court or judicial branch agency.

9. What if I disagree with the decision of the Public Records Officer?

If you are notified that the record you requested cannot be disclosed or that the record you received has been redacted and you disagree with the decision, you may seek review of the decision. GR 31.1(d). There are two separate review processes to follow, internal and the external review.

1. Internal review within the court. Your case will be reviewed by the Presiding Judge of the Bainbridge Island Municipal Court. The form to submit is called Appeal Rights and Request for Internal Review. The appeal form must be submitted within 90 days of the PRO decision. The review proceeding is informal and summary. In most situations, the review proceeding shall be held within five working days of the request.
2. External review. A record requestor who disagrees with the court internal review decision may obtain further review by asking for an external review of the court's internal decision. Request for such review must made within 30 days of the internal review decision of the Presiding Judge. The requestor may choose between the two alternative external reviews:
   1. Review via civil action in Kitsap County Superior Court; or
   2. Informal review by a visiting judge or other outside decision maker.

10. Can I view public administrative records in-person?

To view original or stored paper copies of administrative public records by completing the records request form and indicating you wish to view the records in-person. You will then need to make an appointment with the Public Records Officer to view the records at the court. While there are no charges or fees associated with viewing administrative records, there may be costs associated with the research necessary to find these records. See GR 31.1(h)(4) and cost discussion below.

11. How can I get paper copies of records?

You will need to complete the Records Request form and note that you would like paper copies. There will be fees for copying the records or completing any extensive research related to your request, and you will be informed the amount that is due.

12. What is the cost of obtaining or viewing administrative records?

GR 31.1(h)(2) allows the court to recoup its cost for copying and scanning records. If extensive research (more than one hour) is required to respond to your request, there will be charges for the time involved at $30 per hour. GR 31.1(h)(4). You will be required to pay the fees in advance of research and prior to the copies being given to you. If you do not pay the amount due for records, you will not be able to obtain additional records until that debt is paid.

Fee Structure for Administrative Records (pursuant to GR 31.1, RCW 3.62.060):

• Staff Research Time: $30 per hour beyond the first hour
• Copies: $0.50 per page
• Printing of a document in an electronic format: $0.25 per page
• Documents on CD: Additional $20
• Mailing of documents / CD: Minimum of $5 - cost depends on request.
• Viewing of Records: No cost (except for any staff research time to compile request.)

13. Does the public records officer keep track of requests for administrative public records?

The public records officer maintain records of requests and the manner in which the requests are filled.

14. Is the court responsible for what happens when other people use information they received from an administrative public record?

The court cannot control the use of the public records it provides to the public and cannot be responsible for any problems that result. However, the court will not provide any administrative record if it determines that: the request was made to harass or intimidate the court or judicial agency or its employees; fulfilling the request would likely threaten the safety or security of judicial officers, staff, family members of judicial officers or staff, or any other person; or fulfilling the request may assist criminal activity. GR 31.1(c)(7).

▼

Municipal Court - Traffic Infractions

Show All Answers

1. What do I do if I receive a ticket for a traffic infraction?

Read the entire front and back of your ticket. You should note that you must respond within 15 days from the date the ticket was issued. An infraction is not a criminal offense, but failure to respond can result in the suspension of your driver's license. You can respond by either mailing the ticket to the court or bringing it in person to the court office. Select one of the boxes on the ticket (payment or request for a mitigation or contested hearing) and verify your address. If you have lost your copy of the ticket, you may use the infraction response form.

2. What is a mitigation hearing?

A mitigation hearing is where you admit you committed the violation, but wish to explain the circumstances of the infraction and ask the Judge to consider reducing the penalty. The Judge, depending on the explanation and your record, may adjust the penalty. However, the judge will not dismiss your ticket. As the Court is required to forward all committed traffic tickets to the Department of Licensing, it will appear on your driving record.

3. What is a contested hearing?

If you would like to contest your ticket, you must mail in your ticket within 15 days and select a contested hearing. Unless you request the officer to be subpoenaed, the officer will not be present. The Judge will read the sworn statement of the officer. Then you may testify or present any evidence or witnesses that you wish. If you want to have the officer or any technician present, please advise the court clerk at the time you present your ticket or as soon as possible so the hearing can be appropriately scheduled. (Requests must be made in writing and received in the court office no later than 30 days before your hearing.)

As a result of a contested hearing, the penalty will either stay the same or the ticket will be dismissed. In the event you subpoenaed witnesses, you may be required to pay costs incurred by that party. A contested infraction hearing is a civil case and the Judge will decide the case based on the preponderance of the evidence.

4. May I have a lawyer at a contested hearing?

You may, at your own expense, have a lawyer appear and represent you at your hearing. If you are represented by counsel, the lawyer is required to file a Notice of Appearance with the court and the Prosecutor prior to the hearing date.

5. Can I mitigate or contest my ticket by mail instead of appearing in court?

You may mitigate your ticket by mail by filing out and sending in the mitigation form prior to your hearing or with your initial response to the ticket. However, you must appear in person if you would like to contest your ticket. 

You must respond to the court about whether you would like to mitigate, contest or pay your ticket within 15 days of the date that the ticket was issued. An infraction is not a crime, but failure to respond can result in your fines going to collections and the suspension of your driver's license. 

Mitigation by Mail Form (PDF)

6. Can I keep my traffic ticket off my driving (Department of Licensing) record?

If you have received a traffic infraction, you may be eligible for a Deferred Finding. You may qualify for a Deferred Finding under RCW 46.63.070 if you have not taken this option on a traffic ticket within the last seven years. Upon successful completion of the deferral conditions your ticket will be dismissed. You may defer only one moving infraction and one non-moving infraction every seven years.

The Judge cannot grant a Deferred Finding if you have a commercial driver's license or were operating a commercial motor vehicle at the time of the violation. The Judge also may not grant a Deferred Finding if the infraction is Negligent Driving in the Second Degree.

You must fill out and return the request for a Deferred Finding form (PDF), or request a court hearing, within 15 days from the date your ticket was issued if you want to request a Deferred Finding.

7. If I request a court hearing and later decide to pay my ticket do I have to appear for my court hearing?

If you request a court hearing and then decide to pay the ticket, the court clerk will cancel your court hearing upon payment of the ticket or you signing a payment plan.

8. Will a traffic infraction appear on my driving record?

When you pay the penalty, mitigate, or if the Judge finds you have committed a traffic infraction at a contested hearing, the state law requires that the infraction be reported to the Department of Licensing. The infraction will then appear on your driving record. Neither the court clerk, nor the Judge, has the authority to keep the infraction off your record. If you successfully complete a deferred finding agreement or the infraction is dismissed at a contested hearing, it is not reported to the Department of Licensing and will not appear on your driving record.

9. What if I do not pay my ticket or appear for a hearing?

Failure to pay or respond to the ticket within 15 days results in an order that the infraction was committed. If you ask for a hearing and do not appear your payment is due immediately. When an infraction is not paid in a timely manner, a hearing is missed, or you did not respond within the 15 days to request a hearing or make payment arrangements, a $52 late penalty is added to the amount shown on the ticket. Your license may be suspended if the penalty is not paid following a notice to pay the increased penalty, and the account may be assigned to a collection agency. 

Note: Driving on a suspended driver's license is a criminal offense.

10. What about a no liability insurance ticket?

If you receive a ticket for no insurance and you had insurance at the time of the ticket, you may file proof of insurance with the court clerk and pay a $25 administrative fee pursuant to RCW 46.30.020(2). The ticket and proof of insurance will then be reviewed by the judge and dismissed. It will not go on your driving record. However, you must respond within the 15 day response time.

If you did not have liability insurance at the time of the ticket, the court is still interested to know if you obtained liability insurance since that time. Provide proof of liability insurance at your mitigation hearing or with your mail mitigation request.

11. What if I can't pay my penalty all at once?

If you cannot pay all of your penalty at once, the court clerk will explain the process for a time payment agreement with Signal Credit Agency. If you don't pay and don't set up a time payment agreement, your account is turned over to a collection agency. Once this occurs, you will have to deal directly with the collection agency in regards to payment. Failure to pay fines can also result in the suspension of your driver's license. Driving on a suspended driver's license is a criminal offense.

▼

Planning & Community Development - Shoreline Master Program

Show All Answers

1. Hasn’t the City’s SMP been challenged and overturned in court?

No. 

Preserve Responsible Shoreline Management (PRSM), et al, and Kitsap County Association of Realtors (KCAR) filed an appeal of the City’s SMP in October 2014. In April 2015, the Growth Management Hearings Board concluded that the Petitioners failed to provide clear and convincing evidence demonstrating that the City’s SMP was inconsistent, or failed to comply, with the Shoreline Management Act or applicable guidelines. The Growth Management Hearings Board ruled overwhelmingly in favor of the City, denied the appeal and dismissed the case. The same petitioners subsequently filed a Petition for Review with the Kitsap County Superior Court in May 2015. A briefing schedule has not been set.

2. Aren’t requirements for shoreline buffers and setbacks a “taking” of private property rights?

No. The U.S Constitution allows state and local governments to limit private property activities provided the limitations serve a legitimate public benefit and they do not deprive the landowner of all reasonable use of the property. The SMP regulations protect shorelines of the state, a public resource. In most cases, buffers do not deprive landowners of all reasonable use of their property and, generally speaking, all property tends to benefit from reasonable setbacks and buffers. In those limited instances where a buffer or setback precludes or significantly interferes with reasonable use, the property owner may apply for a variance.

3. We keep hearing that the SMP has drastically lowered our property values and will make it extremely difficult to sell our home. Is this true?

No. During the SMP update process, we heard numerous concerns about how the new SMP regulations might affect shoreline property values. However, Kitsap County Assessor’s data indicate that for the one-year period following the effective date of the SMP (August 2014 through July 2015), the median sale value of waterfront homes slightly increased over the one-year period prior (August 2013 through July 2014). And while complete 2015 sales data is not yet available, the total number of waterfront sales for 2015 (currently 41) appears to be on pace to equal or exceed 2014 sales (53).

4. Can I be fined for not getting City approval for everyday activities?

Enforcement provisions are not applicable to everyday activities such as mowing your lawn, weeding or washing your car. There are enforcement provisions in the SMP that allow the City to fine individuals that fail to comply with regulations. The enforcement provisions, including fines, are consistent with the authority provided to the City in the Washington State Shoreline Management Act. However, it is City policy that staff first work with individuals to come into voluntary compliance. A fine would only be issued if an individual failed to comply after working with City staff.

5. Do I need City approval to maintain my yard?

No. Maintenance of existing residential landscaping is not regulated by the SMP. Vegetation management standards in the SMP do not apply retroactively to existing lawfully established uses and developments, including maintenance of existing residential landscaping, such as lawns and gardens. Property owners are strongly encouraged to voluntarily improve shoreline vegetation conditions over the long term.

6. Can I make changes in my garden without City approval?

Yes. The SMP states, “any changes from the existing landscape to a different landscaping use or activity will require that the modified area comply with the provisions of 4.1.3, Vegetation Management, and the intent of providing native vegetation to maintain ecological functions and processes.” Making changes within an existing garden - such as switching from tulips to daffodils or tomatoes to potatoes - would not be considered a change from the existing landscape and would not be regulated by the SMP. Larger-scale changes would need to meet the intent of providing native vegetation. For example, if you wanted to get rid of a large area of ornamental rose bushes within the shoreline buffer because they are difficult to maintain, the City would require that you replace the roses with native plants. Removal of non-native vegetation outside the shoreline buffer is permitted. The City recognizes that “any changes” is broad language and will clarify its meaning as part of the anticipated limited amendment.

7. Do I need City approval to prune my trees?

It depends. There are provisions within the SMP that allow for pruning without permission. Vegetation management standards do not apply to maintenance of existing residential landscaping. Maintenance trimming of vegetation that has a main stem or supporting structure less than three inches in diameter - except for tree topping - is specifically exempt from vegetation management standards. Minor pruning within the shoreline buffer, including thinning of larger branches to enhance views, is allowed with a clearing permit. A clearing permit can be obtained for no cost - in many cases over-the-counter - from the Department of Planning and Community Development at City Hall.

8. If I remove a hazard tree (dead, diseased or dying), do I have to leave it in my yard?

Yes. Unless it remains as a wildlife snag (left upright at a safe height), a dead tree that is taken down within the shoreline jurisdiction must be retained on site to provide or enhance wildlife or marine habitat. The City does not have an approved list of replacement trees, but does offer a list of recommended plants for mitigation and revegetation.

9. Is the goal of the SMP to phase out all single-family docks over time?

No. There is no stated goal in the SMP to phase out all single-family docks over time. The regulations in the SMP - not the goals or policies - are part of the City’s development regulations. The goals are not regulations in themselves and, therefore, do not impose requirements beyond those set forth in the regulations. While the SMP does have provisions that limit areas where docks may be constructed, the Cumulative Impacts Analysis completed for the SMP (2012) determined that a total of 155 new docks could be constructed based on existing site conditions and proposed SMP regulations.

10. Is the intent of the SMP to phase out all homes & docks on the shoreline over time?

No. The stated over-arching goal of the SMP is to “ensure that future use and development of the City’s shoreline maintain a balance between competing uses, results in no net loss of shoreline ecological functions, and achieves a net ecosystem improvement over time.” Residential use - homes and appurtenant structures - are a preferred use of the shoreline.

11. Can I replace my bulkhead under the new SMP?

Yes. If property owners can clearly demonstrate a need to protect their residence from loss or damage, they can replace their bulkhead using the approach that has the least impact on the natural shoreline.

12. I keep hearing that the new SMP made virtually every home along the shore “non-conforming.” Is this true?

No. In an analysis completed for the SMP update, approximately 225 existing shoreline homes were identified as potentially “non-conforming” with the proposed (2014) SMP regulations. Nearly double that number were already non-conforming with the existing (1996) SMP regulations. Existing shoreline homes that were legally established, but which do not meet the present regulations or standards of the SMP, are allowed to remain in place and may be repaired, maintained and remodeled and, in some cases, expanded.

13. How is my existing shoreline home affected by the new buffer standards in the updated SMP?

Existing homes are “grandfathered” under the Shoreline Management Act and the local shoreline program and may remain in place unaffected by the new shoreline buffers. Existing homes located within the shoreline buffer may be repaired, maintained and remodeled and, in some cases, expanded following provisions for existing development in the SMP. New houses built under the updated SMP are subject to the new buffer standards.

14. Can I rebuild my house in the same location if it burns down?

In most cases, yes. The SMP states, “If an existing primary structure is damaged or destroyed by fire, explosion, earthquake, flooding or other casualty, it may be reconstructed to the bulk dimension existing immediately prior to the catastrophic event.” However, if the structure is located on a property with a steep slope, the size and location of the new structure may need to be modified to meet factor of safety standards.

15. If my home is unoccupied for 12 months in a row, do I forfeit the right to live in my house?

No. You do not forfeit the right to live in your house if it is unoccupied 12 months in a row, or for any amount of time. We believe this concern may be based in a misunderstanding of the term “non-conforming use.” A non-conforming use is one that is not permitted in the underlying shoreline designation. For example, a commercial amusement facility is not permitted in the Island Conservancy designation but may be present because it was established prior to effective date of the current regulations. As a non-conforming use, the commercial facility would be allowed to remain until such time the use is discontinued for 12 consecutive months. On the other hand, single-family residential use is a permitted use in all shoreline designations except Natural and is not subject to non-conforming use regulations in the SMP.

▼

Plastic Bag Ban

Show All Answers

1. What plastic bags are prohibited?

Those considered “single-use” and “carry out” are prohibited. This includes all plastic bags less than 2.25 mils thick provided at check out or point of sale. Those not allowed are the typical plastic bags with handles constructed of thin plastic (less than 2.25 mils thick). Bags constructed of durable plastic (thicker than 2.25 mils) are considered reusable and are allowed.

2. What stores does this apply to?

All retail stores of any kind are prohibited from using lightweight plastic carryout bags, and they must charge customers 5 cents each for any large, grocery sized, carryout bags used.

3. Are there any exceptions?

Only one: food banks may use any type of bag. In fact, retailers with more plastic bags than they will use up before the plastic bag ban takes effect November 1 may want to donate them to a food bank. Helpline House 206-842-7621 has confirmed that they will appreciate any bags provided.

4. What about food vending trucks, farmers’ markets, street fairs, festivals, and events?

Ordinance 2012-06 specifically includes all these activities among the kinds of “retail establishments” where the use of lightweight plastic carryout bags is banned. Vendors at farmers’ markets may use small bags of any type for vegetables and meat and put these in a paper carryout bag or a customer’s reusable bag.

5. Is there a fee for all paper bags?

No. Stores (and vendors of all kinds including those at farmers’ markets) are required to charge only for larger bags such as typical grocery store carryout bags – technically a bag larger than 882 cubic inches, known as one-eighth barrel in the grocery trade. As a rule of thumb, if a bag has a flat bottom greater than 6 inches by 10 inches, you’ll need to charge for it.

6. Can retailers just “eat the cost” of large paper bags and not charge their customers?

No. The minimum 5 cent charge must be collected. It is meant to be a reminder to customers to shop with reusable bags, and for that reason the number of bags and total cost of recyclable paper bags sold must be shown on the customer’s sales slip. The city ordinance requires the charge for all large bags at all stores to ensure a level playing field level among retailers. The law says: “It shall be a violation of this section for any retail establishment to pay [for] or otherwise reimburse a customer for any portion of the pass-through charge.”

7. Are there any restrictions on stores, restaurants, or bakeries choosing to charge a fee on all bags?

No, there are no requirements. This decision is up to the business.

8. What about smaller paper bags?

Stores are not required to charge for smaller paper bags but they may at their discretion.

9. What about low-income customers?

Many low-income customers are exempt from the charge. Specifically, no retail store at any time may charge the 5-cent pass-through fee for large recyclable paper bags to customers having vouchers or electronic benefits cards issued under the Women, Infants and Children (WIC) or Temporary Assistance to Needy Families (TANF) support programs, or the federal Supplemental Nutrition Assistance Program (SNAP, formerly "Food Stamps," also known as Basic Food), or the Washington State Food Assistance Program (FAP).

10. Do stores have to keep track of how many paper bags they sell?

That’s not required by the city ordinance and the city will not audit stores. However, the 5 cent charge on large paper bags must be shown on the customer’s sales slip.

11. Is this transaction taxable?

Yes. The Washington State Department of Revenue has confirmed that the 5 cent pass-through charge is subject to sales tax; retail stores are selling the bags.

12. What is the minimum recycled content requirement?

The only requirement is that larger paper bags – the ones for which a 5 cent charges is required – state that they contain a minimum 40% recycled content.

13. For those labels, are there any requirements for ink color or type size?

No.

14. Does the 40% recycled content have to be post-consumer or can it be industrial?

The large bags must contain 40% post-consumer recycled fiber content.

15. Does the 40% recycled content rule apply to all paper bags?

No. It applies only to the large bags for which the 5 cent charge is required. There is no post-consumer recycled content requirement for smaller bags, but the city encourages retailers to use recycled-content paper bags.

16. Why did the City ban lightweight plastic carryout bags but allow heavy-weight, thicker ones?

The thicker, stronger plastic bags – those more than 2.25 mils thick – have special uses for which paper is not a good option or not readily available; for example, very large bags for bedding and other bulky household items.

17. Are stores required to charge 5 cents for the heavy-weight plastic bags?

No, retailers do not have to charge for the 2.25 mil and thicker bags permitted by the law.

18. What about hanging-garment bags?

Dry cleaner bags are exempt and garment bags provided by retailers would fall under this exemption.

19. Is there a requirement for the heavy duty plastic bags to have recycled content?

No, plastic bags that are allowed are not required to have recycled content, though the city encourages the use of recycled content products whenever possible.

20. If restaurants are selling items other than prepared foods are the bags they use still exempt?

No. If the items being purchased are not prepared food which can leak or be spilled (i.e., cook books, t-shirts, bottled salad dressing, etc.), lightweight single-use plastic carryout bags may not be used.

21. Are grocers’ deli counters exempt like restaurants with to-go food?

Yes, prepared on-site foods such as roasted chicken and soups can be placed in protective plastic bags at the deli counter as needed to prevent leaks or spills.

22. What about bakery goods?

Bags of any kind may be used for individual bakery goods, loaves of bread and other pastries. They are exempt as “in-store” packaging like vegetable and bulk food bags, bags for meat, ice cream, and flowers where moisture would be a problem.

23. How can I tell the city about stores using plastic bags after Nov. 1?

Contact code enforcement by phone (780-3769) or email , or identify the store on SeeClickFix. You can also report if stores are not charging for the large paper bags.

24. How will this be enforced?

The city has always taken an educational approach regarding regulations. If citizens call and complain, the city will send outreach staff to talk to the retailers about the law and explain what’s needed to comply. If it becomes clear a retailer is intentionally not complying they may be fined.

▼

Police - Information & Statistics

Show All Answers

1. When is it okay to call 911?

The administrative offices of the Bainbridge Island Police Department are only open Monday through Friday from 8 a.m. to 4 p.m., but police officers are on duty around the clock. If you want to speak to a police officer for any reason, even during regular business hours, please dial 911 regardless of whether the situation is an emergency or not. Officers are usually out on the road and are dispatched through the radio call center at Kitsap911. If you are calling from outside the county, dial 360-308-5400.

2. How do I get a copy of my police report?

To request a copy of a police report or to make any other public records request, simply visit the City of Bainbridge Island's public records request portal and follow the prompts.

3. You have some of my belongings. How can I get them back?

To pick up evidence, found property, or items we have for safekeeping, you must make an appointment. Call 206-780-4673 or email our Evidence Technician to arrange one.

4. Somebody tried to scam me. What do I do?

Unfortunately scams of all kinds are on the rise and criminals use every means imaginable.  If you have been defrauded, there is no shame in it - crooks are getting very savvy.  Call 911 and tell the dispatcher it's not an emergency.  Your call will be prioritized accordingly and a BIPD officer will contact you to take a report.

If you were lucky enough or savvy enough to avoid being scammed, the BIPD cannot take a report because there was no loss, but you can still report the incident by contacting Attorney General’s Office.  They collect the data and use it in their efforts to combat fraud.

5. How do I report a collision?

To report a collision in Kitsap County, you have one of three options:

1) Call 911 when it happens;

2) Call 911 after the fact and dispatch will attempt to send an officer to meet you at home or work (if on-island) to get the details and write a report. Tell the dispatcher it's not an emergency. This is not always a good option, because on-duty officers need to prioritize calls for service and an after-the-fact collision is not high priority.

3) Report the collision online through Washington State Patrol. Visit http://www.wsp.wa.gov/driver/collision-records/

6. How can I get one of the speed reader signs in my neighborhood?

The BIPD established a Traffic Emphasis program to help combat speeding in residential neighborhoods.  All you have to do is call the station at 206-842-5211 or email us for help.  Based on the information you provide, we will make an effort to monitor that area when possible.  Part of the emphasis also may include placing a radar speed-reader in the area when we have one available, which helps remind some drivers of the posted limit.

7. Is there a way to report a crime online?

Certain crimes can be reported to the Bainbridge Island Police online, but only if they meet the following three criteria:

1) The incident must have occurred within the Bainbridge Island city limits, and

2) There are no known suspects, and

3) The incident involves a harassing phone call, a hit and run, identity theft, lost property, misdemeanor incidents (as long as they don’t involve domestic violence, assault, or protection order violations and are not currently in progress), poor or unsafe road conditions, theft, theft from a vehicle, traffic issues, vandalism, or vandalism of a vehicle.

If the crime you wish to report meets these criteria, you can report it online by visiting the public safety citizens service portal, https://report.citizenserviceportal.com/Home/Agency?AgencyCode=BIPD. This service portal can also be used to provide information to a police officer related to a report he or she has already taken for you.

 

▼

Public Works - Cross Connection

Show All Answers

1. Why an annual test on the backflow prevention assembly?

Backflow prevention assemblies are installed to protect our drinking water from potential source of contamination. The Washington State Administrative Code requires testing by a certified Backflow Assembly Tester ( BAT ) to ensure that they are functioning as designed.

2. Who can test backflow prevention assemblies?

Only a State of Washington certified Backflow Assembly Tester (BAT) can perform the test. Certified testers can be found on websites and in publications such as the yellow pages. An Official listing of certified testers is kept by Washington Certification Services.
Each tester is responsible for providing the City with copies of their current State certification and test equipment calibration certificates. We cannot accept test reports from testers that have not provided this information.

View the Forms page for 

• Partial List of Local Certified BATs
• COBI Backflow Assembly Test Report Form
• Hold Harmless Agreement

3. What will happen if I don't test my backflow prevention assembly?

To ensure that your backflow prevention assemblies are functioning as designed, it is important to the City's water system to have testing performed annually. Failure to test an assembly increases the risk that the assembly will fail to protect our water supply.
The City of Bainbridge Island send out reminder notifications about backflow assembly testing requirements to it's water customers. However, it is the water service customer who is responsible for ensuring that the assemblies are tested on time.

▼

Public Works- Right-of-Way Permit

Show All Answers

1. How do I schedule an inspection when the work is complete?

Contact the Department when work is complete by emailing pwadmin@bainbridgewa.gov.  Reference, see please see page 3 of your application "Permit Conditions" :

"Upon completion of the work, the applicant will request that the City make an inspection to determine if the work has been completed and that the City facilities have been restored and no damage has occurred."

2. How do I make a payment?

Pay Online:

Follow this link : https://paygov.us/

• Click on “Make a Payment” button (top right).
• Then select Washington, City of Bainbridge Island & Right-of-way Permits
• Choose the ROW Type pertaining to your permit application. 

By Phone:

Please call 206.780.8591 to pay over the phone. To complete your payment you must provide the correct payment code and fee. If you are unsure of your code please email : pwadmin@bainbridgwa.gov to request the code associated with your specific permit. 

3. If I live on a private road, do I need a ROW permit?

No, but it is recommended that you confirm with the Engineering Department if you hare unsure whether it's public or private. 

4. Someone has painted colored lines on the right of way. Who does this? What are the lines for?

State law requires that underground utilities be located in advance of ANY digging within the public right of way via contacting 811.  This is to protect public health and safety as well as to prevent any disruption of vital underground utility services. 

The lines may be for planning purposes to identify possible areas for new utility installation or for maintenance purposes. 

See color codes for the specific types of utility.

811 Locates Webpage

▼

Senior Community Center Renovations Timeline

Show All Answers

1. May 2018

City conducts assessment of BISCC building deficiencies.

2. September 2019

Senior Center staff submit a plan and request cost estimates for additional renovations and improvements to the building.

3. November 2019

City acquires cost estimate for requested improvements.

4. August 2020

Council approves the BISCC renovations capital project.

5. March 2021

City and BISCC sign a Memo of Understanding to share costs for the renovations. City and BISCC staff interview architectural consultants and select Coates Design for architectural design services.

6. April 2021

Council approves Professional Services Agreement with Coates Design.

See link below to view April 27, 2021 Agenda Bill:
https://d2kbkoa27fdvtw.cloudfront.net/bainbridgewa/3fb0c115631aa1460aa3aeaff771d5d90.pdf

▼

STO Sakai Pond Trail Timeline

Show All Answers

1. March 2014 - Hearing Examiner Decision

March 2014 -  Hearing Examiner Decision requiring construction of “a multi-use trail from the High School Road intersection/crosswalk to the extent of the northern property line of the development. The trail shall be located within the WSDOT right-of-way and shall meet the minimum standards for a shared-use path…(minimum of 10 feet wide).”

2. Summer 2015 - Based on Comprehensive Plan Discussions,

Summer 2015 Based on the Comprehensive Plan, discussions with the Multi-modal Transportation Advisory Committee (MTAC), and discussions with Planning Manager Josh Machen, PW staff approach the Visconsi company with a proposal for Visconsi to construct their trail within the west side of the SR305 ROW rather than on the east side fronting their property. PW staff performs site reconnaissance-level evaluation to determine feasibility of a trail on the west side. Visconsi is receptive to the proposal because building the trail on the east side meant traversing a long wetland and removing the remainder of the trees between their development and the highway, but they are concerned about the additional costs of designing and constructing a trail on the west side.

3. Fall 2015 - PW Staff Prepares Conceptual Trail Alignment on West Side

Fall 2015 PW staff prepares conceptual trail alignment for 820’ long trail on the west side. Visconsi prepares Cost Estimates comparing costs associated with designing and constructing the trail on both the east and west sides. Negotiations proceed establishing sharing of some additional site investigation costs (wetland delineation and geotechnical reports) that Visconsi had already incurred for designing a trail on the east side.

4. 2016 - Wetland Delineation, etc.

2016 - Wetland delineation, geotechnical investigation, survey, and preliminary engineering

5. Spring 2017

Spring 2017 - Negotiations over the previous months lead to the Memo of Understanding dated March 14, 2017.

6. June 2017

June 2017 - Visconsi provides the preliminary engineering plan for a 820’ long trail, ending at the edge of the highway pavement.

7. Fall 2017

Fall 2017  -  Meet with BIMPRD (Parks) staff to review conceptual alignment of 820’ trail along the ROW. Parks is concerned about removing trees along the ROW that currently serve as a backdrop for views in the park across the pond. Sakai Park designers (Jones & Jones) propose a 12’ wide boardwalk around the west side of the pond in lieu of the trail alignment along the east side of the pond. Parks Director and Board agree to allow future 10’-12’ paved path around the west side of the Sakai pond.

8. Winter 2017

Winter 2017 -   Public Works staff prepares conceptual alignment for 530’ long trail to connect to an existing footpath in Sakai Park. Addendum 1 to the Memorandum of Understanding reflects changes based on the revised alignment.

9. February 2018

February 2019 8 -  Meeting with Parks to review alignment to Sakai. Parks agrees to proposed trail alignment and will provide a Construction Easement.

10. April 2018

April 2018  -  Visconsi provides the preliminary engineering plan for a 530’ long trail connecting to the existing footpath in Sakai Park.

11. Summer 2018

Summer 2018 - City Council approves narrower (sub-standard) 8’ wide path for west side trail. Staff asks for WSDOT guidance in permitting the path.

12. Fall 2018

Fall 2018 - WSDOT denies a variance for the narrower path, and City Council subsequently reverses their earlier decision and approves the 10’ wide paved path.

13. 2019

2019 - Design, permitting, and cost estimates produced.

14. 2020

2020 - Bidding and contract negotiation

15. April 2021

April 2021 -  Council approves contract with Liden Land Development & Excavation Inc.

▼

VISION - FAQ for Sound to Olympics Trail

Show All Answers

1. Frequently Asked Questions

The Sound to Olympics Trail has been in the Bainbridge Island and Kitsap County plans for several years, but many people lack knowledge about the plans for the trail and its potential benefits to the island community. This fact sheet is intended to answer several questions that keep coming up about the trail.

2. What is the Sound to Olympics Trail? Where will it go on Bainbridge?

The Sound to Olympics Trail is envisioned as a regional trail system that will connect the Bainbridge ferry terminal with the Olympic Peninsula. On Bainbridge, it will generally follow the Highway 305 right-of-way for the seven miles from the ferry terminal to Agate Pass Bridge. It is a shared-use path, meaning it is intended to be shared by people biking, walking, running, skating and pushing strollers, as well as people in wheelchairs and using other assistive devices, moving in both directions.

3. Who is the trail intended for? Won’t it mainly serve people who live off the island?

This is one of the biggest misperceptions about the trail. The answer to the first question is that it’s quite literally for everyone. We anticipate that the trail when completed will serve a very wide range of users walking and biking for a range of purposes, and that the vast majority of the users will be island residents. Examples of potential users include the following:

• Island families out for a leisurely bike ride on the weekend
• People who live near the trail walking their dogs
• Bike commuters getting to and from the ferry
• Runners looking for a long, contiguous facility separated from car traffic
• People who like to bike 10-15 miles but prefer not to bike on roads next to cars
• People traveling to Sakai Park, Meigs Park or Manzanita Park for some time connecting with nature
• People traveling to the Farmers’ Market on a Saturday morning
• Elderly people looking for a safe place with a smooth surface to walk for exercise
• People visiting the island to camp at Fay Bainbridge Park or explore the Bloedel Reserve
• People doing a multi-day bike tour to the Olympic Peninsula

4. Why does the trail have to be so wide? I’ve seen bike trails in other places that aren’t so wide, and they work just fine.

The STO Trail is not just a bike path. It’s intended to be used by various different types of users going in both directions. The widely accepted design standard for shared-use paths of this kind calls for a minimum width of 10 feet, with greater width in areas expected to see particularly heavy use; trail width can be dropped to 8 feet for short distances where physical constraints exist or where use is expected to be light.

5. I’ve heard that the trail is so wide because it’s funded with grant money from the federal government. Is that correct?

No, that’s not correct. Regardless of funding source, the accepted design standard for shared-use paths of this kind calls for a 10-foot minimum width. In addition, a trail built within the State highway right-of-way must meet State requirements for a shared facility, which require compliance with the accepted design standard. It is true that federal grant requirements include accessibility standards based on the Americans with Disabilities Act, but that standard applies more to trail steepness and surface than trail width.

6. Why would we want to build a trail next to the highway?

There are very good reasons to build the trail in the highway right-of way. The main ones are grade (steepness) and availability of land. The Highway 305 right-of-way follows the longest contiguous “hill-free” stretch of land on Bainbridge Island; while it’s not entirely flat, it is relatively flat compared to any other seven-mile stretch on the island. More important is the fact that the public already owns the space, and we don’t have to seek easements through private property. There is no other place on the island where building a trail of this length is possible without acquiring rights from private landowners, some of whom might not be willing to voluntarily provide a trail easement. These are the same reasons trails of this kind are often built in abandoned railway rights-of-way, but we don’t have that option on Bainbridge. Other highly-successful shared-use paths have been built along highways in other places.

7. I saw what happened with the first section of the trail, and I’m worried about impacts to the trees along the highway. Won’t building the trail change the character of the highway corridor?

We are very aware of the need to minimize impacts on trees and vegetation as the trail is extended to the north. The main reason for the visual impacts at the beginning of the trail is that the steep slopes there required significant regrading to accommodate the trail. That issue will not exist along most of the intended course of the trail. While some trees will need to be removed to build the trail, we will adjust the route to minimize impacts as much as possible, and will continue to plant many more trees than are removed. Most areas along the route have a significant planting buffer so that trees and other vegetation will remain in areas where the trail is built, often on both sides of the trail. In addition, we can plan for future construction of the trail by planting additional trees and native plants now in anticipation of future trail construction, further minimizing the near-term visual impacts of construction.

8. Why would the City spend money on the STO Trail when we have other more pressing needs to address safety for walking and biking on the island?

This is an important question. It is true that there are pressing needs to improve conditions for walking and biking along many island roads, and addressing those gaps should be a top priority. And it is also true that the STO Trail is part of a regional trail system that can attract grant money for which many local projects would not be eligible. For that reason, the City intends to rely almost entirely on grant programs having a 13.5% City match for construction of the STO Trail, at least until other major local safety priorities have been adequately addressed.

9. How can we justify spending so much money on the trail when so few people are using it?

Only a very small portion of the trail has been built at this point, and it is being well used. The utility of the trail will continue to grow as it is extended to the north and pathways and other facilities for walking and biking are completed to connect it to residential areas, commercial areas, schools, parks, and other destinations along its route. Evaluating the use of the trail at this point is premature; it’s like evaluating the use of a subway system when only two or three stations have been completed. We need to envision what the trail will be like when it is completed and connected to the residential areas and destinations along its route. Once the trail becomes part of a connected network of safe facilities for walking and biking across the island, it will be heavily utilized.

10. Why do we need a separated trail along the highway when we already have decent shoulders along most of the highway where people can ride?

Very few people feel safe or comfortable riding bikes along the highway next to cars traveling at 50-60 miles-per-hour. Several people have been seriously injured or killed riding bikes along the highway on Bainbridge or in Poulsbo when they were struck by vehicles. Most people would choose a safer option to travel in the vicinity of the highway if it existed.