10.28.100 Enforcement and penalties.
A. Compliance. For purposes of this chapter, compliance shall mean fully implementing all provisions in an approved CTR program or making a good faith effort as defined in RCW 70.94.534(2) and this chapter.
B. Violations. The following constitute violations of this chapter:
1. Failure to develop and/or submit a complete program by the applicable deadlines as stated in this chapter.
2. Failure to implement an approved CTR program by the applicable deadlines as stated in this chapter.
3. Failure to modify an unacceptable CTR program by the applicable deadlines as stated in this chapter.
4. Failure of an affected employer to identify itself to the city within 60 days of the effective date of this chapter.
5. Failure of a newly affected employer to identify itself to the city within 30 days of becoming an affected employer.
6. Failure to submit quarterly and annual reports by the applicable deadlines as stated in this chapter.
7. Failure to complete the survey measurement by the applicable deadlines as stated in this chapter.
8. Failure to maintain CTR program records.
9. Intentionally submitting fraudulent or false information, data and/or survey results.
C. Penalties.
1. 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 goal;
2. Violation of this chapter shall constitute a civil infraction subject to a penalty of $250.00;
3. Each day of failure to implement the program is a continuing offense and shall constitute a separate violation;
4. 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:
a. 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
b. Advise the union of the existence of the statute and the mandates of the CTR program approved by the city of Gig Harbor and advise the union that the proposal being made is necessary for compliance with state law, RCW 70.94.531. (Ord. 1215 § 2 (Exh. A), 2011).