A. Single-occupant restrooms in places of public accommodation, facilities of the city, and facilities of taxing districts located on Bainbridge Island shall not be restricted to a specific sex or gender identity and shall use appropriate signage to indicate such restrooms are designated for use by any person, regardless of sex or gender identity.

B. Individuals or entities owning or operating restrooms covered by this chapter shall have 180 days from the effective date of the ordinance codified in this chapter to comply by replacing existing signs on the exterior of single-occupant restrooms restricting use to a single gender with signs indicating that they are for use by all genders. (Ord. 2018-07 § 2, 2018)

An individual shall have the right to use a public restroom or a public facility that best conforms to their chosen gender identity and expression. (Ord. 2018-07 § 2, 2018)

A. The code enforcement officer shall investigate alleged violations of this chapter and shall have such powers and duties in the performance of these functions as are defined in this chapter, Chapter 1.26 BIMC, and otherwise necessary and proper in the performance of the same and provided for by law. Procedures for reporting violations of this chapter shall be determined by director’s rule.

B. The director is authorized and directed to promulgate rules to enforce this chapter.

C. If, after 180 days from the effective date of the ordinance codified in this chapter, it is determined that an individual or entity owning or operating a public restroom or public facility covered by this chapter is not in compliance with the requirements set out in this chapter, the code enforcement officer shall enforce this chapter in the manner specified by Chapter 1.26 BIMC. (Ord. 2018-07 § 2, 2018)

“Appropriate signage” means signage that indicates that single-occupant restrooms are not restricted to a single gender. Examples include, but are not limited to, signs with the words “washroom,” “restroom,” “all-gender restroom,” “gender-neutral restroom,” or “unisex,” or that use images to indicate that restrooms are accessible to all genders.

“City” means the city of Bainbridge Island.

“Code enforcement officer” means a city official charged with the responsibility to ensure compliance with all state, city, and zoning codes and ordinances as adopted by the city council.

“Director” means the director of planning and community development.

“Gender identity” means a person’s gender-related identity, appearance, or expression, whether or not traditionally associated with one’s biological sex or one’s sex at birth, and including a person’s attitudes, preferences, beliefs, and practices pertaining thereto.

“Place of public accommodation” means any place, licensed or unlicensed, where the public gathers, congregates, or assembles for amusement, recreation or public purposes, or any place, store, or other establishment that supplies goods or services with or without charge to the general public. “Place of public accommodation” includes, but is not limited to, the following types of services or facilities: schools, parks, hotels, or other establishments which provide lodging to transient guests; restaurants, cafeterias, lunchrooms, lunch counters, soda fountains or other facilities principally engaged in selling or offering for sale food for consumption upon or off the premises; public restrooms; motion picture houses, theatres, concert halls, sport arenas, stadiums, or other places of exhibition or entertainment; bowling alleys, pool halls, arcades, and amusement parks; retail establishments; transportation carriers; barber shops and beauty shops; bars or taverns or other facilities engaged in selling or offering for sale alcoholic beverages for consumption upon the premises; and public burial facilities.

“Public facility” means an area in a facility of the city, a facility of a taxing district located on Bainbridge Island, or a place of public accommodation, which is customarily gender-segregated and is open for use by the public or by the customers, members, officers, or employees of the city, a taxing district, or an individual or entity owning or operating the place of public accommodation. “Public facilities” include, but are not limited to, locker rooms.

“Public restroom” means a restroom located in a facility of the city, a facility of a taxing district located on Bainbridge Island, or a place of public accommodation, which is open for use by the public or is open for use by the customers, members, officers, or employees of the city, a taxing district, or an individual or entity owning or operating the place of public accommodation. “Public restrooms” include, but are not limited to, single-occupant restrooms.

“Respondent” means any person who is alleged or found to have committed a violation of regulations established in this chapter.

“Single-occupant restroom” means any toileting facility that is designed for use by one individual at a time or by one individual being assisted by another individual.

“Taxing district” means any municipal corporation now or hereafter existing, including, but not limited to, school districts, metropolitan park and recreation districts, and fire districts. (Ord. 2018-07 § 2, 2018)