A. Class I Civil Infraction. Any affected employer violating any provision of this chapter shall be liable for a Class I civil infraction, and subject to civil penalties. Pursuant to RCW 7.80.120, Kitsap Transit shall issue civil infractions pursuant to this chapter.

B. Separate Offenses. Such affected employer shall be liable for a separate offense for each and every day during any portion of which any violation of this chapter is committed or continued and shall be subject to civil penalties as herein provided.

C. Failure Due to Union. An affected employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if they:

1. Propose to a recognized union any provision of the employer’s CTR program that is subject to bargaining as defined by the National Labor Relations Act; and

2. Advise the union of the existence of the statute, this chapter, and the mandates of the CTR program approved by Kitsap Transit and advise the union that the proposal being made is necessary for compliance with state law.

D. Not Liable. No affected employer with an approved CTR program which has made a good faith effort may be held liable for failure to reach the applicable drive-alone or VMT goals. (Ord. 2009-16 § 1, 2009: Ord. 99-33 § 1, 1999: Ord. 93-09 § 12D, 1993. Formerly 10.24.260)