RCW 35.21.005
Sufficiency of petitions.
Wherever in this title petitions are required to be signed and filed, the following rules shall govern the sufficiency thereof:
(1) A petition may include any page or group of pages containing an identical text or prayer intended by the circulators, signers or sponsors to be presented and considered as one petition and containing the following essential elements when applicable, except that the elements referred to in (d) and (e) of this subsection are essential for petitions referring or initiating legislative matters to the voters, but are directory as to other petitions:
(a) The text or prayer of the petition which shall be a concise statement of the action or relief sought by petitioners and shall include a reference to the applicable state statute or city ordinance, if any;
(b) If the petition initiates or refers an ordinance, a true copy thereof;
(c) If the petition seeks the annexation, incorporation, withdrawal, or reduction of an area for any purpose, an accurate legal description of the area proposed for such action and if practical, a map of the area;
(d) Numbered lines for signatures with space provided beside each signature for the name and address of the signer and the date of signing;
(e) The warning statement prescribed in subsection (2) of this section.
(2) Petitions shall be printed or typed on single sheets of white paper of good quality and each sheet of petition paper having a space thereon for signatures shall contain the text or prayer of the petition and the following warning:
WARNING
Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor.
Each signature shall be executed in ink or indelible pencil and shall be followed by the name and address of the signer and the date of signing.
(3) The term "signer" means any person who signs his or her own name to the petition.
(4) To be sufficient a petition must contain valid signatures of qualified registered voters or property owners, as the case may be, in the number required by the applicable statute or ordinance. Within three working days after the filing of a petition, the officer with whom the petition is filed shall transmit the petition to the county auditor for petitions signed by registered voters, or to the county assessor for petitions signed by property owners for determination of sufficiency. The officer or officers whose duty it is to determine the sufficiency of the petition shall proceed to make such a determination with reasonable promptness and shall file with the officer receiving the petition for filing a certificate stating the date upon which such determination was begun, which date shall be referred to as the terminal date. Additional pages of one or more signatures may be added to the petition by filing the same with the appropriate filing officer prior to such terminal date. Any signer of a filed petition may withdraw his or her signature by a written request for withdrawal filed with the receiving officer prior to such terminal date. Such written request shall so sufficiently describe the petition as to make identification of the person and the petition certain. The name of any person seeking to withdraw shall be signed exactly the same as contained on the petition and, after the filing of such request for withdrawal, prior to the terminal date, the signature of any person seeking such withdrawal shall be deemed withdrawn.
(5) Petitions containing the required number of signatures shall be accepted as prima facie valid until their invalidity has been proved.
(6) A variation on petitions between the signatures on the petition and that on the voter's permanent registration caused by the substitution of initials instead of the first or middle names, or both, shall not invalidate the signature on the petition if the surname and handwriting are the same.
(7) If a person signs a petition more than once, all but the first valid signature must be rejected.
(8) Signatures followed by a date of signing which is more than six months prior to the date of filing of the petition shall be stricken.
(9) When petitions are required to be signed by the owners of property, the determination shall be made by the county assessor. Where validation of signatures to the petition is required, the following shall apply:
(a) The signature of a record owner, as determined by the records of the county auditor, shall be sufficient without the signature of his or her spouse;
(b) In the case of mortgaged property, the signature of the mortgagor shall be sufficient, without the signature of his or her spouse;
(c) In the case of property purchased on contract, the signature of the contract purchaser, as shown by the records of the county auditor, shall be deemed sufficient, without the signature of his or her spouse;
(d) Any officer of a corporation owning land within the area involved who is duly authorized to execute deeds or encumbrances on behalf of the corporation, may sign on behalf of such corporation, and shall attach to the petition a certified excerpt from the bylaws of such corporation showing such authority;
(e) When the petition seeks annexation, any officer of a corporation owning land within the area involved, who is duly authorized to execute deeds or encumbrances on behalf of the corporation, may sign under oath on behalf of such corporation. If an officer signs the petition, he or she must attach an affidavit stating that he or she is duly authorized to sign the petition on behalf of such corporation;
(f) When property stands in the name of a deceased person or any person for whom a guardian has been appointed, the signature of the executor, administrator, or guardian, as the case may be, shall be equivalent to the signature of the owner of the property; and
(g) When a parcel of property is owned by multiple owners, the signature of an owner designated by the multiple owners is sufficient.
(10) The officer or officers responsible for determining the sufficiency of the petition shall do so in writing and transmit the written certificate to the officer with whom the petition was originally filed.
[
2014 c 121 s 2
;
2008 c 196 s 1
;
2003 c 331 s 8
;
1996 c 286 s 6
.]
NOTES:
Finding
—
Intent
—
2014 c 121:
"(1) The legislature finds that in
Filo Foods, LLC v. City of SeaTac
, No. 70758-2-I (Wash. Ct. Apps. Div. I, Feb. 10, 2014), the Washington court of appeals ruled that RCW 35A.01.040
(7), requiring local certifying officers to strike all signatures of any person signing an optional municipal code city initiative petition two or more times, was unconstitutional. The court held that the statute unduly burdened the first amendment rights of voters who expressed a view on a political matter by signing an initiative petition.
(2) The legislature intends to require local officers certifying city and town petitions to count one valid signature of a duplicate signer. This will ensure that a person inadvertently signing a city or town petition more than once will not be penalized for doing so." [
2014 c 121 s 1
.]
Intent
—
Severability
—
Effective date
—
2003 c 331:
See notes following RCW 35.13.410
.
RCW 35.21.010
General corporate powers
—
Towns, restrictions as to area.
(1) Municipal corporations now or hereafter organized are bodies politic and corporate under the name of the city of . . . . . ., or the town of . . . . . ., as the case may be, and as such may sue and be sued, contract or be contracted with, acquire, hold, possess and dispose of property, subject to the restrictions contained in other chapters of this title, having a common seal, and change or alter the same at pleasure, and exercise such other powers, and have such other privileges as are conferred by this title. However, not more than two square miles in area shall be included within the corporate limits of a town having a population of fifteen hundred or less, or located in a county with a population of one million or more, and not more than three square miles in area shall be included within the corporate limits of a town having a population of more than fifteen hundred in a county with a population of less than one million, nor shall more than twenty acres of unplatted land belonging to any one person be taken within the corporate limits of a town without the consent of the owner of such unplatted land.
(2) Notwithstanding subsections (1) and (3) of this section, a town located in three or more counties is excluded from a limitation in square mileage.
(3) Except as provided in subsection (2) of this section, the original incorporation of a town shall be limited to an area of not more than one square mile and a population as prescribed in RCW 35.01.040
.
[
1995 c 196 s 5
;
1991 c 363 s 37
;
1965 c 138 s 1
;
1965 c 7 s 35.21.010
. Prior:
1963 c 119 s 1
; 1890 p 141 s 15, part; RRS s 8935.]
NOTES:
Purpose
—
Captions not law
—
1991 c 363:
See notes following RCW 2.32.180
.
Validation of certain incorporations and annexations
—
Municipal corporations of the fourth class
—
1961 ex.s. c 16:
"Any incorporation of a municipal corporation of the fourth class and any annexation of territory to a municipal corporation of the fourth class prior to March 31, 1961, which is otherwise valid except for compliance with the limitation to the area of one square mile as prescribed by section 15, page 141, Laws of 1889-90, is hereby validated and declared to be a valid incorporation or annexation in all respects." [
1961 ex.s. c 16 s 1
.]
RCW 35.21.015
Salary commissions.
(1) Salaries for elected officials of towns and cities may be set by salary commissions established in accordance with city charter or by ordinance and in conformity with this section.
(2) The members of such commissions shall be appointed in accordance with the provisions of a city charter, or as specified in this subsection:
(a) Shall be appointed by the mayor with approval of the city council;
(b) May not be appointed to more than two terms;
(c) May only be removed during their terms of office for cause of incapacity, incompetence, neglect of duty, or malfeasance in office or for a disqualifying change of residence; and
(d) May not include any officer, official, or employee of the city or town or any of their immediate family members. "Immediate family member" as used in this subsection means the parents, spouse, siblings, children, or dependent relatives of the officer, official, or employee, whether or not living in the household of the officer, official, or employee.
(3) Any change in salary shall be filed by the commission with the city clerk and shall become effective and incorporated into the city or town budget without further action of the city council or salary commission.
(4) Salary increases established by the commission shall be effective as to all city or town elected officials, regardless of their terms of office.
(5) Salary decreases established by the commission shall become effective as to incumbent city or town elected officials at the commencement of their next subsequent terms of office.
(6) Salary increases and decreases shall be subject to referendum petition by the people of the town or city in the same manner as a city ordinance upon filing of such petition with the city clerk within thirty days after filing of the salary schedule. In the event of the filing of a valid referendum petition, the salary increase or decrease shall not go into effect until approved by vote of the people.
(7) Referendum measures under this section shall be submitted to the voters of the city or town at the next following general or municipal election occurring thirty days or more after the petition is filed, and shall be otherwise governed by the provisions of the state Constitution, or city charter, or laws generally applicable to referendum measures.
(8) The action fixing the salary by a commission established in conformity with this section shall supersede any other provision of state statute or city or town ordinance related to municipal budgets or to the fixing of salaries.
(9) Salaries for mayors and councilmembers established under an ordinance or charter provision in existence on July 22, 2001, that substantially complies with this section shall remain in effect unless and until changed in accordance with such charter provision or ordinance.
[
2001 c 73 s 4
.]
NOTES:
Findings
—
Intent
—
2001 c 73:
"The legislature hereby finds and declares that:
(1) Article XXX, section 1 of the state Constitution permits midterm salary increases for municipal officers who do not fix their own compensation;
(2) The Washington citizens' commission on salaries for elected officials established pursuant to Article XXVIII, section 1 of the state Constitution with voter approval has assured that the compensation for state and county elected officials will be fair and certain, while minimizing the dangers of midterm salary increases being used to influence those officers in the performance of their duties;
(3) The same public benefits of independent salary commissions should be extended to the setting of compensation of municipal elected officers; and
(4) This act is intended to clarify the intent of the legislature that existing state law authorizes:
(a) The establishment of independent salary commissions to set the salaries of city or town elected officials, county commissioners, and county councilmembers; and
(b) The authority of the voters of such cities, towns, and counties to review commission decisions to increase or decrease such salaries by means of referendum." [
2001 c 73 s 1
.]
Severability
—
2001 c 73:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
2001 c 73 s 6
.]
RCW 35.21.020
Auditoriums, art museums, swimming pools, etc.
—
Power to acquire.
Any city or town in this state acting through its council or other legislative body, and any separately organized park district acting through its board of park commissioners or other governing officers, shall have power to acquire by donation, purchase or condemnation, and to construct and maintain public auditoriums, art museums, swimming pools, and athletic and recreational fields, including golf courses, buildings and facilities within or without its parks, and to use or let the same for such public and private purposes for such compensation and rental and upon such conditions as its council or other legislative body or board of park commissioners shall from time to time prescribe.
[
1965 c 7 s 35.21.020
. Prior:
1947 c 28 s 1
;
1937 c 98 s 1
; Rem. Supp. 1947 s 8981-4.]
NOTES:
Acquisition of property for parks, recreational, viewpoint, greenbelt, conservation, historic, scenic or view purposes: RCW 36.34.340
.
RCW 35.21.030
Auxiliary water systems for protection from fire.
Any city or town shall have power to provide for the protection of such city or town, or any part thereof, from fire, and to establish, construct and maintain an auxiliary water system, or systems, or extensions thereof, or additions thereto, and the structures and works necessary therefor or forming a part thereof, including the acquisition or damaging of lands, rights-of-way, rights, property, water rights, and the necessary sources of supply of water for such purposes, within or without the corporate limits of such city or town, and to manage, regulate and control the same.
[
1965 c 7 s 35.21.030
. Prior:
1911 c 98 s 5
; RRS s 9356.]
RCW 35.21.070
Cumulative reserve fund
—
Authority to create.
Any city or town may establish by ordinance a cumulative reserve fund in general terms for several different municipal purposes as well as for a very specific municipal purpose, including that of buying any specified supplies, material or equipment, or the construction, alteration or repair of any public building or work, or the making of any public improvement, or for creation of a revenue stabilization fund for future operations. The ordinance shall designate the fund as "cumulative reserve fund for . . . . . . . . . (naming purpose or purposes for which fund is to be accumulated and expended)." The moneys in the fund may be allowed to accumulate from year to year until the legislative authority of the city or town shall determine to expend the moneys in the fund for the purpose or purposes specified: PROVIDED, That any moneys in the fund shall never be expended for any other purpose or purposes than those specified, without an approving vote by a two-thirds majority of the members of the legislative authority of the city or town.
[
1983 c 173 s 1
;
1965 c 7 s 35.21.070
. Prior:
1953 c 38 s 1
;
1941 c 60 s 1
; Rem. Supp. 1941 s 9213-5.]
RCW 35.21.080
Cumulative reserve fund
—
Annual levy for
—
Application of budget law.
An item for said cumulative reserve fund may be included in the city or town's annual budget or estimate of amounts required to meet public expense for the ensuing year and a tax levy made within the limits and as authorized by law for said item; and said item and levy may be repeated from year to year until, in the judgment of the legislative body of the city or town, the amount required for the specified purpose or purposes has been raised or accumulated. Any moneys in said fund at the end of the fiscal year shall not lapse nor shall the same be a surplus available or which may be used for any other purpose or purposes than those specified, except as herein provided.
[
1965 c 7 s 35.21.080
. Prior:
1953 c 38 s 2
;
1941 c 60 s 2
; Rem. Supp. 1941 s 9213-6.]
RCW 35.21.085
Payrolls fund
—
Claims fund.
The legislative authority of any city or town is authorized to create the following special funds:
(1) Payrolls
—
into which moneys may be placed from time to time as directed by the legislative authority from any funds available and upon which warrants may be drawn and cashed for the purpose of paying any moneys due city employees for salaries and wages. The accounts of the city or town shall be so kept that they shall show the department or departments and amounts to which the payment is properly chargeable.
(2) Claims
—
into which may be paid moneys from time to time from any funds which are available and upon which warrants may be issued and paid in payment of claims against the city or town for any purpose. The accounts of the city or town shall be so kept that they shall show the department or departments and the respective amounts for which the warrant is issued and paid.
[
1965 c 7 s 35.21.085
. Prior:
1953 c 27 s 1
.]
RCW 35.21.086
Payrolls fund
—
Transfers from insolvent funds.
Transfers from an insolvent fund to the payrolls fund or claims fund shall be by warrant.
[
1965 c 7 s 35.21.086
. Prior:
1953 c 27 s 2
.]
RCW 35.21.087
Employee checks, drafts, warrants
—
City, town may cash.
Any city or town is hereby authorized, at its option and after the adoption of the appropriate ordinance, to accept in exchange for cash a payroll check, draft, or warrant; expense check, draft, or warrant; or personal check from a city or town employee in accordance with the following conditions:
(1) The check, warrant, or draft must be drawn to the order of cash or bearer and be immediately payable by a drawee financial institution;
(2) The person presenting the check, draft, or warrant to the city or town must produce identification as outlined by the city or town in the authorizing ordinance;
(3) The payroll check, draft, or warrant or expense check, draft, or warrant must have been issued by the city or town; and
(4) Personal checks cashed pursuant to this authorization cannot exceed two hundred dollars.
In the event that any personal check cashed for a city or town employee by the city or town under this section is dishonored by the drawee financial institution when presented for payment, the city or town is authorized, after notice to the drawer or endorser of the dishonor, to withhold from the drawer's or endorser's next payroll check, draft, or warrant the full amount of the dishonored check.
[
1991 c 185 s 1
.]
RCW 35.21.088
Equipment rental fund.
Any city or town may create, by ordinance, an "equipment rental fund," hereinafter referred to as "the fund," in any department of the city or town to be used as a revolving fund to be expended for salaries, wages, and operations required for the repair, replacement, purchase, and operation of equipment, and for the purchase of equipment, materials, and supplies to be used in the administration and operation of the fund.
The legislative authority of a city or town may transfer any equipment, materials or supplies of any office or department to the equipment rental fund either without charge, or may grant a credit to such office or department equivalent to the value of the equipment, materials or supplies transferred. An office or department receiving such a credit may use it any time thereafter for renting or purchasing equipment, materials, supplies or services from the equipment rental fund.
Money may be placed in the fund from time to time by the legislative authority of the city or town. Cities and towns may purchase and sell equipment, materials and supplies by use of such fund, subject to any laws governing the purchase and sale of property. Such equipment, materials and supplies may be rented for the use of various offices and departments of any city or town or may be rented by any such city or town to governmental agencies. The proceeds received by any city or town from the sale or rental of such property shall be placed in the fund, and the purchase price of any such property or rental payments made by a city or town shall be made from moneys available in the fund. The ordinance creating the fund shall designate the official or body that is to administer the fund and the terms and charges for the rental for the use of any such property which has not been purchased for its own use out of its own funds and may from time to time amend such ordinance.
There shall be paid monthly into the fund out of the moneys available to the department using any equipment, materials, and/or supplies, which have not been purchased by that department for its own use and out of its own funds, reasonable rental charges fixed by the legislative authority of the city or town, and moneys in the fund shall be retained there from year to year so long as the legislative authority of the city or town desires to do so.
Every city having a population of more than eight thousand, according to the last official census, shall establish such an equipment rental fund in its street department or any other department of city government. Such fund shall acquire the equipment necessary to serve the needs of the city street department. Such fund may, in addition, be created to service any other departments of city government or other governmental agencies as authorized hereinabove.
[
1965 c 7 s 35.21.088
. Prior:
1963 c 115 s 7
;
1953 c 67 s 1
.]
NOTES:
Census to be conducted in decennial periods: State Constitution Art. 2 s 3.
Determination of population: Chapter
43.62
RCW.
RCW 35.21.090
Dikes, levees, embankments
—
Authority to construct.
Any city or town shall have power to provide for the protection of such city or town, or any part thereof, from overflow, and to establish, construct and maintain dikes, levees, embankments, or other structures and works, or to open, deepen, straighten or otherwise enlarge natural watercourses, waterways and other channels, including the acquisition or damaging of lands, rights-of-way, rights and property therefor, within or without the corporate limits of such city or town, and to manage, regulate and control the same.
[
1965 c 7 s 35.21.090
. Prior:
1911 c 98 s 4
;
1907 c 241 s 68
; RRS s 9355.]
NOTES:
Eminent domain: Chapter
8.12
RCW.
RCW 35.21.095
Bridge jumping hazard signs.
(1)(a) The executive officer, or a designated employee, with control of operations and maintenance of a bridge of any city or town may authorize the erection of informational signs near or attached to bridges providing location-specific information about the hazards of jumping with the goal of preventing future deaths. These signs are meant to provide more information than just a "no jumping" sign so that people can better understand the hazards related to a particular location. Signs providing information on the hazards of cold-water shock that leads to drowning may be erected in locations where people might otherwise think a location is safe for swimming. Signs may include the statewide 988 suicide prevention hotline.
(b) Any city or town responsible for the repair, replacement, and maintenance of bridges is encouraged to create a process where individuals may request the installation of an informational sign to address jumping off a bridge in locations that do not have such signs installed.
(c) Signs created under this section may not conflict with provisions of the manual on uniform traffic control devices or existing state laws related to placement and design of signs that are placed along transportation corridors.
(d) If a sign is to be located along a state highway or the interstate system, the department of transportation must approve the sign and location prior to erecting the sign, but no permit or fee is necessary.
(e) Cities and towns may accept gifts or donations to pay for the creation, installation, or maintenance of signs under this section.
(2) This section applies prospectively.
(3) This section does not create a private right of action by, or a legal duty to, any party, and may not be used to impose liability on the city or town if a sign has or has not been erected on its property. The state of Washington, including all of its agencies, subdivisions, employees, and agents, shall not be liable in tort for any violation of chapter 54, Laws of 2023, notwithstanding any other provision of law.
[
2023 c 54 s 4
.]
NOTES:
Short title
—
2023 c 54:
"This act may be known and cited as "Zack's law."" [
2023 c 54 s 1
.]
Intent
—
Finding
—
2023 c 54:
"(1) The legislature intends state and local agencies to install signs on or near bridges to warn people of the dangers of diving or jumping off the bridge.
(2) This law is enacted at the request of family and friends of Zachary Lee Rager and the Chehalis community in the expectation that better information on bridges will prevent future deaths. On March 23, 2021, Zachary Lee Rager jumped off a bridge in a location he had jumped from many times before during the summer months. Unfortunately, the colder water and conditions were different earlier in the year, and he did not survive.
(3) The legislature finds that cold-water shock drowning can occur when the water temperature is below 70 degrees Fahrenheit. The temperature difference when a body is submerged in the colder water leads to involuntary gasping, inhalation of water, loss of mobility, and loss of consciousness. The ability to hold one's breath is substantially reduced to seconds rather than minutes. Many people may underestimate the conditions on a sunny and warm day, like Zachary Lee Rager did, and a sign that waters may still be too cold for swimming and facts about cold-water shock drowning could prevent future deaths.
(4) The legislature recognizes that state agencies and local governments currently may install informational signs pursuant to RCW 47.42.050
. This act creates a pathway so that governments may work with individuals and communities to provide more signs with location appropriate information in the expectation that more information will prevent future deaths.
(5) Lastly, the legislature is directing state and local governments to consider installing informational signs about the hazards of diving or jumping under this act when they construct new bridges or replace existing infrastructure. The legislature recognizes that not every bridge will need such signs. The choice to install a sign is going to be specific to the location and an assessment of many different factors, including the size of the waterway, the height of the bridge, the communities' level of interest in having such signs, the physical layout of the bridge and surrounding terrain, the resources provided to pay for the bridge, and the likelihood of individuals to use that particular location to dive or jump." [
2023 c 54 s 2
.]
RCW 35.21.100
Donations
—
Authority to accept and use.
Every city and town by ordinance may accept any money or property donated, devised, or bequeathed to it and carry out the terms of the donation, devise, or bequest, if within the powers granted by law. If no terms or conditions are attached to the donation, devise, or bequest, the city or town may expend or use it for any municipal purpose.
[
1965 c 7 s 35.21.100
. Prior:
1941 c 80 s 1
; Rem. Supp. 1941 s 9213-8.]
RCW 35.21.110
Ferries
—
Authority to acquire and maintain.
Any incorporated city or town within the state is authorized to construct, or condemn and purchase, or purchase, and to maintain a ferry across any unfordable stream adjoining and within one mile of its limits, together with all necessary grounds, roads, approaches and landings necessary or appertaining thereto located within one mile of the limits of such city or town, with full jurisdiction and authority to manage, regulate and control the same beyond the limits of the corporation and to operate the same free or for toll.
[
1965 c 7 s 35.21.110
. Prior:
1895 c 130 s 1
; RRS s 5476.]
RCW 35.21.120
Solid waste handling system
—
Contracts.
A city or town may by ordinance provide for the establishment of a system or systems of solid waste handling for the entire city or town or for portions thereof. A city or town may provide for solid waste handling by or under the direction of officials and employees of the city or town or may award contracts for any service related to solid waste handling including contracts entered into under RCW 35.21.152
. Contracts for solid waste handling may provide that a city or town provide for a minimum periodic fee or other method of compensation in consideration of the operational availability of a solid waste handling system, plant, site, or other facility at a specified minimum level, without regard to the ownership of the system, plant, site, or other facility, or the amount of solid waste actually handled during all or any part of the contract period. When a minimum level of solid waste is specified in a contract for solid waste handling, there shall be a specific allocation of financial responsibility in the event the amount of solid waste handled falls below the minimum level provided in the contract.
As used in this chapter, the terms "solid waste" and "solid waste handling" shall be as defined in RCW 70A.205.015
.
[
2020 c 20 s 1005
;
1989 c 399 s 1
;
1986 c 282 s 18
;
1965 c 7 s 35.21.120
. Prior: 1943 c 270 s 1, part; Rem. Supp. 1943 s 9504-1, part.]
NOTES:
Severability
—
Legislative findings
—
Construction
—
Liberal construction
—
Supplemental powers
—
1986 c 282:
See notes following RCW 35.21.156
.
Contracts with vendors for solid waste handling: RCW 35.21.156
.
RCW 35.21.130
Solid waste or recyclable materials collection
—
Ordinance.
A solid waste or recyclable materials collection ordinance may:
(1) Require property owners and occupants of premises to use the solid waste collection and disposal system or recyclable materials collection and disposal system, and to dispose of their solid waste and recyclable materials as provided in the ordinance: PROVIDED, That a solid waste or recycling ordinance shall not require any retail enterprise engaged in the sale of consumer-packaged products to locate or place a public recycling collection site or buy-back center upon or within a certain distance of the retail establishment as a condition of engaging in the sale of consumer-packaged products; and
(2) Fix charges for solid waste collection and disposal, recyclable materials collection and disposal, or both, and the manner and time of payment therefor including therein a provision that upon failure to pay the charges, the amount thereof shall become a lien against the property for which the solid waste or recyclable materials collection service is rendered. The ordinance may also provide penalties for its violation.
[
1989 c 431 s 51
;
1965 c 7 s 35.21.130
. Prior: 1943 c 270 s 1, part; Rem. Supp. 1943 s 9504-1, part.]
RCW 35.21.135
Solid waste or recyclable materials collection
—
Curbside recycling
—
Reduced rate.
(1) Each city or town providing by ordinance or resolution a reduced solid waste collection rate to residents participating in a residential curbside recycling program implemented under RCW 70A.205.045, may provide a similar reduced rate to residents participating in any other recycling program, if such program is approved by the jurisdiction. Nothing in this section shall be interpreted to reduce the authority of a city to adopt ordinances under RCW 35.21.130
(1).
(2) For the purposes of this section, "reduced rate" means a residential solid waste collection rate incorporating a rebate, refund, or discount. Reduced rate shall not include residential solid waste collection rate based on the volume or weight of solid waste set out for collection.
[
2020 c 20 s 1006
;
1991 c 319 s 404
.]
RCW 35.21.140
Garbage
—
Notice of lien
—
Foreclosure.
A notice of the city's or town's lien for garbage collection and disposal service specifying the charges, the period covered by the charges and giving the legal description of the premises sought to be charged, shall be filed with the county auditor within the time required and shall be foreclosed in the manner and within the time prescribed for liens for labor and material.
[
1965 c 7 s 35.21.140
. Prior: 1943 c 270 s 1, part; Rem. Supp. 1943 s 9504-1, part.]
RCW 35.21.150
Garbage
—
Lien
—
Priority.
The garbage collection and disposal service lien shall be prior to all liens and encumbrances filed subsequent to the filing of the notice of it with the county auditor, except the lien of general taxes and local improvement assessments whether levied prior or subsequent thereto.
[
1965 c 7 s 35.21.150
. Prior: 1943 c 270 s 1, part; Rem. Supp. 1943 s 9504-1, part.]
RCW 35.21.152
Solid waste handling
—
Agreements
—
Purposes
—
Terms and conditions.
A city or town may construct, lease, condemn, purchase, acquire, add to, alter, and extend systems, plants, sites, or other facilities for solid waste handling, and shall have full jurisdiction and authority to manage, regulate, maintain, utilize, operate, control, and establish the rates and charges for those solid waste handling systems, plants, sites, or other facilities owned or operated by the city or town. A city or town may enter into agreements with public or private parties to: (1) Construct, lease, purchase, acquire, manage, maintain, utilize, or operate publicly or privately owned or operated solid waste handling systems, plants, sites, or other facilities; (2) establish rates and charges for those systems, plants, sites, or other facilities; (3) designate particular publicly or privately owned or operated systems, plants, sites, or other facilities as disposal sites; and (4) sell the materials or products of those systems, plants, or other facilities. Any agreement entered into shall be for such term and under such conditions as may be determined by the legislative authority of the city or town.
[
1989 c 399 s 2
;
1977 ex.s. c 164 s 1
;
1975 1st ex.s. c 208 s 1
.]
RCW 35.21.154
Solid waste
—
Compliance with chapter
70A.205
RCW required.
Nothing in RCW 35.21.152
will relieve a city or town of its obligations to comply with the requirements of chapter
70A.205
RCW.
[
2020 c 20 s 1007
;
1989 c 399 s 3
;
1975 1st ex.s. c 208 s 3
.]
RCW 35.21.156
Solid waste
—
Contracts with vendors for solid waste handling systems, plants, sites, or facilities
—
Requirements
—
Vendor selection procedures.
(1) Notwithstanding the provisions of any city charter, or any law to the contrary, and in addition to any other authority provided by law, the legislative authority of a city or town may contract with one or more vendors for one or more of the design, construction, or operation of, or other service related to, the systems, plants, sites, or other facilities for solid waste handling in accordance with the procedures set forth in this section. Solid waste handling systems, plants, sites, or other facilities constructed, purchased, acquired, leased, added to, altered, extended, maintained, managed, utilized, or operated pursuant to this section, RCW 35.21.120
and
35.21.152, whether publicly or privately owned, shall be in substantial compliance with the solid waste management plan applicable to the city or town adopted pursuant to chapter
70A.205
RCW. Agreements relating to such solid waste handling systems, plants, sites, or other facilities may be for such term and may contain such covenants, conditions, and remedies as the legislative authority of a city or town may deem necessary or appropriate. When a contract for design services is entered into separately from other services permitted under this section, procurement shall be in accordance with chapter
39.80
RCW.
(2) If the legislative authority of the city or town decides to proceed with the consideration of qualifications or proposals for services from vendors, the city or town shall publish notice of its requirements and request submission of qualifications statements or proposals. The notice shall be published in the official newspaper of the city or town at least once a week for two weeks not less than sixty days before the final date for the submission of qualifications statements or proposals. The notice shall state in summary form (a) the general scope and nature of the design, construction, operation, or other service, (b) the name and address of a representative of the city or town who can provide further details, (c) the final date for the submission of qualifications statements or proposals, (d) an estimated schedule for the consideration of qualifications, the selection of vendors, and the negotiation of a contract or contracts for services, (e) the location at which a copy of any request for qualifications or request for proposals will be made available, and (f) the criteria established by the legislative authority to select a vendor or vendors, which may include but shall not be limited to the vendor's prior experience, including design, construction, or operation of other similar facilities; respondent's management capability, schedule availability and financial resources; cost of the services, nature of facility design proposed by the vendor; system reliability; performance standards required for the facilities; compatibility with existing service facilities operated by the public body or other providers of service to the public; project performance guarantees; penalty and other enforcement provisions; environmental protection measures to be used; consistency with the applicable comprehensive solid waste management plan; and allocation of project risks.
(3) If the legislative authority of the city or town decides to proceed with the consideration of qualifications or proposals, it may designate a representative to evaluate the vendors who submitted qualifications statements or proposals and conduct discussions regarding qualifications or proposals with one or more vendors. The legislative authority or representative may request submission of qualifications statements and may later request more detailed proposals from one or more vendors who have submitted qualifications statements, or may request detailed proposals without having first received and evaluated qualifications statements. The legislative authority or its representative shall evaluate the qualifications or proposals, as applicable. If two or more vendors submit qualifications or proposals that meet the criteria established by the legislative authority of the city or town, discussions and interviews shall be held with at least two vendors. Any revisions to a request for qualifications or request for proposals shall be made available to all vendors then under consideration by the city or town and shall be made available to any other person who has requested receipt of that information.
(4) Based on criteria established by the legislative authority of the city or town, the representative shall recommend to the legislative authority a vendor or vendors that are initially determined to be the best qualified to provide one or more of the design, construction or operation of, or other service related to, the proposed project or services. The legislative authority may select one or more qualified vendors for one or more of the design, construction, or operation of, or other service related to, the proposed project or services.
(5) The legislative authority or its representative may attempt to negotiate a contract with the vendor or vendors selected for one or more of the design, construction, or operation of, or other service related to, the proposed project or services on terms that the legislative authority determines to be fair and reasonable and in the best interest of the city or town. If the legislative authority or its representative is unable to negotiate such a contract with any one or more of the vendors first selected on terms that it determines to be fair and reasonable and in the best interest of the city or town, negotiations with any one or more of the vendors shall be terminated or suspended and another qualified vendor or vendors may be selected in accordance with the procedures set forth in this section. If the legislative authority decides to continue the process of selection, negotiations shall continue with a qualified vendor or vendors in accordance with this section at the sole discretion of the legislative authority until an agreement is reached with one or more qualified vendors, or the process is terminated by the legislative authority. The process may be repeated until an agreement is reached.
(6) Prior to entering into a contract with a vendor, the legislative authority of the city or town shall make written findings, after holding a public hearing on the proposal, that it is in the public interest to enter into the contract, that the contract is financially sound, and that it is advantageous for the city or town to use this method for awarding contracts compared to other methods.
(7) Each contract shall include a project performance bond or bonds or other security by the vendor that in the judgment of the legislative authority of the city or town is sufficient to secure adequate performance by the vendor.
(8) The provisions of chapters
39.12
and
39.19
RCW shall apply to a contract entered into under this section to the same extent as if the systems and plants were owned by a public body.
(9) The vendor selection process permitted by this section shall be supplemental to and shall not be construed as a repeal of or limitation on any other authority granted by law.
The alternative selection process provided by this section may not be used in the selection of a person or entity to construct a publicly owned facility for the storage or transfer of solid waste or solid waste handling equipment unless the facility is either (a) privately operated pursuant to a contract greater than five years, or (b) an integral part of a solid waste processing facility located on the same site. Instead, the applicable provisions of RCW 35.22.620, and
35.23.352, and chapters
39.04
and
39.30
RCW shall be followed.
[
2020 c 20 s 1008
;
1989 c 399 s 7
;
1986 c 282 s 17
. Formerly RCW 35.92.024
.]
NOTES:
Legislative findings
—
Construction
—
1986 c 282 ss 17-20:
"The legislature finds that the regulation, management, and disposal of solid waste through waste reduction, recycling, and the use of resource recovery facilities of the kind described in RCW 35.92.022
and
36.58.040
should be conducted in a manner substantially consistent with the priorities and policies of the solid waste management act, chapter
70.95
RCW. Nothing contained in sections 17 through 20 of this act shall detract from the powers, duties, and functions given to the utilities and transportation commission in chapter
81.77
RCW." [
1986 c 282 s 16
.]
Liberal construction
—
Supplemental powers
—
1986 c 282 ss 16-20:
"Sections 16 through 20 of this act, being necessary for the health and welfare of the state and its inhabitants, shall be liberally construed to effect its purposes. Sections 16 through 20 of this act shall be deemed to provide an alternative method for the performance of those subjects authorized by these sections and shall be regarded as supplemental and additional to powers conferred by the Washington state Constitution, other state laws, and the charter of any city or county." [
1986 c 282 s 21
.]
RCW 35.21.157
Solid waste collection
—
Rate increase notice.
(1) A city that contracts for the collection of solid waste, or provides for the collection of solid waste directly, shall notify the public of each proposed rate increase for a solid waste handling service. The notice may be mailed to each affected ratepayer or published once a week for two consecutive weeks in a newspaper of general circulation in the collection area. The notice shall be available to affected ratepayers at least forty-five days prior to the proposed effective date of the rate increase.
(2) For purposes of this section, "solid waste handling" has the same meaning as provided in RCW 70A.205.015
.
[
2020 c 20 s 1009
;
1994 c 161 s 2
.]
NOTES:
Findings
—
Declaration
—
1994 c 161:
"The legislature finds that local governments and private waste management companies have significantly changed solid waste management services in an effort to preserve landfill space and to avoid costly environmental cleanups of municipal landfills. The legislature recognizes that these new services have enabled the state to achieve one of the nation's highest recycling rates.
The legislature also finds that the need to pay for the cleanup of past disposal practices and to provide new recycling services has caused solid waste rates to increase substantially. The legislature further finds that private solid waste collection companies regulated by the utilities and transportation commission are required to provide public notice but that city-managed solid waste collection systems are not. The legislature declares it to be in the public interest for city-managed systems to provide public notice of solid waste rate increases." [
1994 c 161 s 1
.]
RCW 35.21.158
Collection and transportation of recyclable materials by recycling companies or nonprofit entities
—
Reuse or reclamation
—
Application of chapter.
Nothing in this chapter shall prevent a recycling company or nonprofit entity from collecting and transporting recyclable materials from a buy-back center, drop-box, or from a commercial or industrial generator of recyclable materials, or upon agreement with a solid waste collection company.
Nothing in this chapter shall be construed as prohibiting a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for transportation of such material to a recycler for reuse or reclamation.
[
1989 c 431 s 33
.]
RCW 35.21.160
Jurisdiction over adjacent waters.
The powers and jurisdiction of all incorporated cities and towns of the state having their boundaries or any part thereof adjacent to or fronting on any bay or bays, lake or lakes, sound or sounds, river or rivers, or other navigable waters are hereby extended into and over such waters and over any tidelands intervening between any such boundary and any such waters to the middle of such bays, sounds, lakes, rivers, or other waters in every manner and for every purpose that such powers and jurisdiction could be exercised if the waters were within the city or town limits. In calculating the area of any town for the purpose of determining compliance with the limitation on the area of a town prescribed by RCW 35.21.010, the area over which jurisdiction is conferred by this section shall not be included.
[
1969 c 124 s 1
;
1965 c 7 s 35.21.160
. Prior:
1961 c 277 s 4
;
1909 c 111 s 1
; RRS s 8892.]
RCW 35.21.163
Penalty for act constituting a crime under state law
—
Limitation.
Except as limited by the maximum penalty authorized by law, no city, code city, or town, may establish a penalty for an act that constitutes a crime under state law that is different from the penalty prescribed for that crime by state statute.
[
1993 c 83 s 1
.]
NOTES:
Effective date
—
1993 c 83:
"This act shall take effect July 1, 1994." [
1993 c 83 s 11
.]
RCW 35.21.165
Driving while under the influence of liquor or drug
—
Minimum penalties.
Except as limited by the maximum penalties authorized by law, no city or town may establish a penalty for an act that constitutes the crime of driving while under the influence of intoxicating liquor or any drug, as provided in RCW 46.61.502, or the crime of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, as provided in RCW 46.61.504, that is less than the penalties prescribed for those crimes in RCW 46.61.5055
.
[
1995 c 332 s 8
;
1994 c 275 s 36
;
1983 c 165 s 40
.]
NOTES:
Severability
—
Effective dates
—
1995 c 332:
See notes following RCW 46.20.308
.
Short title
—
Effective date
—
1994 c 275:
See notes following RCW 46.04.015
.
Legislative finding, intent
—
Effective dates
—
Severability
—
1983 c 165:
See notes following RCW 46.20.308
.
RCW 35.21.175
Offices to be open certain days and hours.
All city and town offices shall be kept open for the transaction of business during such days and hours as the municipal legislative authority shall by ordinance prescribe.
[
1965 c 7 s 35.21.175
. Prior:
1955 ex.s. c 9 s 4
; prior:
1951 c 100 s 2
.]
RCW 35.21.180
Ordinances
—
Adoption of codes by reference.
Ordinances passed by cities or towns must be posted or published in a newspaper as required by their respective charters or the general laws: PROVIDED, That ordinances may by reference adopt Washington state statutes and codes, including fire codes and ordinances relating to the construction of buildings, the installation of plumbing, the installation of electric wiring, health and sanitation, the slaughtering, processing and selling of meats and meat products for human consumption, the production, pasteurizing and sale of milk and milk products, or other subjects, may adopt by reference, any printed code or compilation, or portions thereof, together with amendments thereof or additions thereto, on the subject of the ordinance; and where publications of ordinances in a newspaper is required, such Washington state statutes or codes or other codes or compilations so adopted need not be published therein: PROVIDED, HOWEVER, That not less than one copy of such statute, code or compilation and amendments and additions thereto adopted by reference shall be filed for use and examination by the public, in the office of the city or town clerk of said city, or town prior to adoption thereof. Any city or town ordinance heretofore adopting any state law or any such codes or compilations by reference are hereby ratified and validated.
[
1982 c 226 s 1
;
1965 c 7 s 35.21.180
. Prior:
1963 c 184 s 1
;
1943 c 213 s 1
;
1935 c 32 s 1
; Rem. Supp. 1943 s 9199-1.]
NOTES:
Effective date
—
1982 c 226:
"This act shall take effect on July 1, 1982." [
1982 c 226 s 8
.]
RCW 35.21.185
Ordinances
—
Information pooling.
(1) It is the purpose of this section to provide a means whereby all cities and towns may obtain, through a single source, information regarding ordinances of other cities and towns that may be of assistance to them in enacting appropriate local legislation.
(2) For the purposes of this section, (a) "clerk" means the city or town clerk or other person who is lawfully designated to perform the recordkeeping function of that office, and (b) "department" means the department of commerce.
(3) The clerk of every city and town is directed to provide to the department or its designee, promptly after adoption, a copy of each of its regulatory ordinances and such other ordinances or kinds of ordinances as may be described in a list or lists promulgated by the department or its designee from time to time, and may provide such copies without charge. The department may provide that information to the entity with which it contracts for the provision of municipal research and services, in order to provide a pool of information for all cities and towns in the state of Washington.
(4) This section is intended to be directory and not mandatory.
[
2010 c 271 s 705
;
1995 c 21 s 1
.]
NOTES:
Purpose
—
Effective date
—
2010 c 271:
See notes following RCW 43.330.005
.
RCW 35.21.190
Parkways, park drives, and boulevards.
Any city or town council upon request of the board of park commissioners, shall have authority to designate such streets as they may see fit as parkways, park drives, and boulevards, and to transfer all care, maintenance and improvement of the surface thereof to the board of park commissioners, or to such authority of such city or town as may have the care and management of the parks, parkways, boulevards and park drives of the city.
Any city or town may acquire, either by gift, purchase or the right of eminent domain, the right to limit the class, character and extent of traffic that may be carried on such parkways, park drives and boulevards, and to prescribe that the improvement of the surface thereof shall be made wholly in accordance with plans of such board of park commissioners, but that the setting over of all such streets for such purposes shall not in any wise limit the right and authority of the city council to construct underneath the surface thereof any and all public utilities nor to deprive the council of the right to levy assessments for special benefits. In the construction of any such utilities, any damages done to the surface of such parkways, park drives or boulevards shall not be borne by any park funds of such city or town.
[
1965 c 7 s 35.21.190
. Prior:
1911 c 98 s 57
; RRS s 9410.]
RCW 35.21.192
Urban agriculture zone.
(1) A city or town may, by ordinance, establish an urban agriculture zone within the boundaries of the city or town.
(2) To establish an urban agriculture zone, the city or town must conduct at least one public hearing on the question of whether to establish the urban agriculture zone.
(3) An ordinance adopted pursuant to this section must not prohibit the use of structures that support agricultural activity including, without limitation, apiaries, toolsheds, greenhouses, produce stands, and instructional spaces.
[
2019 c 353 s 14
.]
NOTES:
Findings
—
Intent
—
2019 c 353:
See note following RCW 43.23.300
.
RCW 35.21.194
Community gardens.
A city or town may authorize, by ordinance, the use of vacant or blighted city land for the purpose of community gardening under the terms and conditions established for the use of the city land set forth by the ordinance. The ordinance may establish fees for the use of the city land, provide requirements for liability insurance, and provide requirements for a deposit to use the city land, which may be refunded. The ordinance must require that a portion of the community garden include habitat beneficial for the feeding, nesting, and reproduction of all pollinators, including honey bees.
[
2019 c 353 s 15
.]
NOTES:
Findings
—
Intent
—
2019 c 353:
See note following RCW 43.23.300
.
RCW 35.21.195
Statewide sexual assault kit tracking system
—
Participation by local law enforcement agencies.
Local law enforcement agencies shall participate in the statewide sexual assault kit tracking system established in RCW 43.43.545
for the purpose of tracking the status of all sexual assault kits in the custody of local law enforcement agencies and other entities contracting with local law enforcement agencies. Local law enforcement agencies shall begin full participation in the system according to the implementation schedule established by the Washington state patrol.
[
2016 c 173 s 3
.]
NOTES:
Finding
—
Intent
—
2016 c 173:
See note following RCW 43.43.545
.
RCW 35.21.200
Residence qualifications of appointive officials and employees.
Any city or town may by ordinance of its legislative authority determine whether there shall be any residential qualifications for any or all of its appointive officials or for preference in employment of its employees, but residence of an employee outside the limits of such city or town shall not be grounds for discharge of any regularly appointed civil service employee otherwise qualified: PROVIDED, That this section shall not authorize a city or town to change any residential qualifications prescribed in any city charter for any appointive official or employee: PROVIDED, FURTHER, That all employees appointed prior to the enactment of any ordinance establishing such residence qualifications as provided herein or who shall have been appointed or employed by such cities or towns having waived such residential requirements shall not be discharged by reason of such appointive officials or employees having established their residence outside the limits of such city or town: PROVIDED, FURTHER, That this section shall not authorize a city or town to change the residential requirements with respect to employees of private public utilities acquired by public utility districts or by the city or town.
[
1965 c 7 s 35.21.200
. Prior:
1951 c 162 s 1
;
1941 c 25 s 1
; Rem. Supp. 1941 s 9213-3.]
RCW 35.21.203
Recall sufficiency hearing
—
Payment of defense expenses.
The necessary expenses of defending an elective city or town official in a judicial hearing to determine the sufficiency of a recall charge as provided in RCW 29A.56.140
shall be paid by the city or town if the official requests such defense and approval is granted by the city or town council. The expenses paid by the city or town may include costs associated with an appeal of the decision rendered by the superior court concerning the sufficiency of the recall charge.
[
2015 c 53 s 34
;
1989 c 250 s 2
.]
RCW 35.21.205
Liability insurance for officials and employees.
Each city or town may purchase liability insurance with such limits as it may deem reasonable for the purpose of protecting its officials and employees against liability for personal or bodily injuries and property damage arising from their acts or omissions while performing or in good faith purporting to perform their official duties.
[
1973 c 125 s 2
.]
NOTES:
Police dogs
—
Immunity: RCW 4.24.410
.
RCW 35.21.207
Liability insurance for officers and employees authorized.
See RCW 36.16.138
.
RCW 35.21.209
Insurance and workers' compensation for offenders performing community restitution.
The legislative authority of a city or town may purchase liability insurance in an amount it deems reasonable to protect the city or town, its officers, and employees against liability for the wrongful acts of offenders or injury or damage incurred by offenders in the course of court-ordered community restitution, and may elect to treat offenders as employees and/or workers under Title
51
RCW.
[
2002 c 175 s 30
;
1984 c 24 s 1
.]
NOTES:
Effective date
—
2002 c 175:
See note following RCW 7.80.130
.
Workers' compensation coverage of offenders performing community restitution: RCW 51.12.045
.
RCW 35.21.210
Sewerage, drainage, and water supply.
Any city or town shall have power to provide for the sewerage, drainage, and water supply thereof, and to establish, construct, and maintain a system or systems of sewers and drains and a system or systems of water supply, within or without the corporate limits of such city or town, and to control, regulate, and manage the same. In addition, any city or town may, as part of maintaining a system of sewers and drains or a system of water supply, or independently of such a system or systems, participate in and expend revenue on cooperative watershed management actions, including watershed management partnerships under RCW 39.34.210
and other intergovernmental agreements, for purposes of water supply, water quality, and water resource and habitat protection and management.
[
2003 c 327 s 11
;
1965 c 7 s 35.21.210
. Prior:
1911 c 98 s 3
; RRS s 9354.]
NOTES:
Finding
—
Intent
—
2003 c 327:
See note following RCW 39.34.190
.
RCW 35.21.215
Powers relative to systems of sewerage.
The legislative authority of any city or town may exercise all the powers relating to systems of sewerage authorized by RCW 35.67.010
and
35.67.020
.
[
1997 c 447 s 14
.]
NOTES:
Finding
—
Purpose
—
1997 c 447:
See note following RCW 70.05.074
.
RCW 35.21.217
Utility services
—
Deposit
—
Tenants' delinquencies
—
Notice
—
Lien.
(1) Prior to furnishing utility services, a city or town may require a deposit to guarantee payment for services. However, failure to require a deposit does not affect the validity of any lien authorized by RCW 35.21.290
or
35.67.200
. A city or town may determine how to apply partial payments on past due accounts.
(2) A city or town may provide a real property owner or the owner's designee with duplicates of tenant utility service bills, or may notify an owner or the owner's designee that a tenant's utility account is delinquent. However, if an owner or the owner's designee notifies the city or town in writing that a property served by the city or town is a residential rental property, asks to be notified of a tenant's delinquency, and has provided, in writing, a complete and accurate mailing address, the city or town shall notify the owner or the owner's designee of a residential tenant's delinquency at the same time and in the same manner the city or town notifies the tenant of the tenant's delinquency or by mail, and the city or town is prohibited from collecting from the owner or the owner's designee any charges for electric light or power services more than four months past due. When a city or town provides a real property owner or the owner's designee with duplicates of residential tenant utility service bills or notice that a tenant's utility account is delinquent, the city or town shall notify the tenant that it is providing the duplicate bills or delinquency notice to the owner or the owner's designee.
(3) After August 1, 2010, if a city or town fails to notify the owner of a tenant's delinquency after receiving a written request to do so and after receiving the other information required by subsection (2) of this section, the city or town shall have no lien against the premises for the residential tenant's delinquent and unpaid charges and is prohibited from collecting the tenant's delinquent and unpaid charges for electric light or power services from the owner or the owner's designee.
(4) When a utility account is in a tenant's name, the owner or the owner's designee shall notify the city or town in writing within fourteen days of the termination of the rental agreement and vacation of the premises. If the owner or the owner's designee fails to provide this notice, a city or town providing electric light or power services is not limited to collecting only up to four months of a tenant's delinquent charges from the owner or the owner's designee, provided that the city or town has complied with the notification requirements of subsection (2) of this section.
(5)(a) If an occupied multiple residential rental unit receives utility service through a single utility account, if the utility account's billing address is not the same as the service address of a residential rental property, or if the city or town has been notified that a tenant resides at the service address, the city or town shall make a good faith and reasonable effort to provide written notice to the service address of pending disconnection of electric power and light or water service for nonpayment at least seven calendar days prior to disconnection. The purpose of this notice is to provide any affected tenant an opportunity to resolve the delinquency with his or her landlord or to arrange for continued service. If requested, a city or town shall provide electric power and light or water services to an affected tenant on the same terms and conditions as other residential utility customers, without requiring that he or she pay delinquent amounts for services billed directly to the property owner or a previous tenant except as otherwise allowed by law and only where the city or town offers the opportunity for the affected tenant to set up a reasonable payment plan for the delinquent amounts legally due. If a landlord fails to pay for electric power and light or water services, any tenant who requests that the services be placed in his or her name may deduct from the rent due all reasonable charges paid by the tenant to the city or town for such services. A landlord may not take or threaten to take reprisals or retaliatory action as defined in RCW 59.18.240
against a tenant who deducts from his or her rent payments made to a city or town as provided in this subsection.
(b) Nothing in this subsection (5) affects the validity of any lien authorized by RCW 35.21.290
or
35.67.200
. Furthermore, a city or town that provides electric power and light or water services to a residential tenant in these circumstances shall retain the right to collect from the property owner, previous tenant, or both, any delinquent amounts due for service previously provided to the service address if the city or town has complied with the notification requirements of subsection (2) of this section when applicable.
[
2011 c 151 s 5
;
2010 c 135 s 1
;
1998 c 285 s 1
.]
RCW 35.21.220
Sidewalks
—
Regulation of use of.
Cities of several classes in this state shall be empowered to regulate the use of sidewalks within their limits, and may in their discretion and under such terms and conditions as they may determine permit a use of the same by abutting owners, provided such use does not in their judgment unduly and unreasonably impair passage thereon, to and fro, by the public. Such permission shall not be considered as establishing a prescriptive right, and the right may be revoked at any time by the authorities of such cities.
[
1965 c 7 s 35.21.220
. Prior:
1927 c 261 s 1
; RRS s 9213-1.]
RCW 35.21.225
Transportation benefit districts.
The legislative authority of a city may establish a transportation benefit district subject to the provisions of chapter
36.73
RCW.
[
2005 c 336 s 22
;
1989 c 53 s 2
;
1987 c 327 s 3
.]
NOTES:
Effective date
—
2005 c 336:
See note following RCW 36.73.015
.
Severability
—
1989 c 53:
See note following RCW 36.73.020
.
Transportation benefit districts: Chapter
36.73
RCW.
RCW 35.21.228
Rail fixed guideway public transportation system
—
Safety program plan and security and emergency preparedness plan.
(1) Each city or town that owns or operates a rail fixed guideway public transportation system as defined in RCW 81.104.015
shall submit a system safety program plan and a system security and emergency preparedness plan for that guideway to the state department of transportation by September 1, 1999, or at least one hundred eighty calendar days before beginning operations or instituting significant revisions to its plans. These plans must describe the city's procedures for (a) reporting and investigating any reportable incident, accident, or security breach and identifying and resolving hazards or security vulnerabilities discovered during planning, design, construction, testing, or operations, (b) developing and submitting corrective action plans and annual safety and security audit reports, (c) facilitating on-site safety and security reviews by the state department of transportation and the federal transit administration, and (d) addressing passenger and employee safety and security. The plans must, at a minimum, conform to the standards adopted by the state department of transportation as set forth in the most current version of the Washington state rail safety oversight program standard manual as it exists on March 25, 2016, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section. If required by the department, the city or town shall revise its plans to incorporate the department's review comments within sixty days after their receipt, and resubmit its revised plans for review.
(2) Each city or town shall implement and comply with its system safety program plan and system security and emergency preparedness plan. The city or town shall perform internal safety and security audits to evaluate its compliance with the plans, and submit its audit schedule to the department of transportation pursuant to the requirements in the most current version of the Washington state rail safety oversight program standard manual as it exists on March 25, 2016, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section. The city or town shall prepare an annual report for its internal safety and security audits undertaken in the prior year and submit it to the department no later than February 15th. The department shall establish the requirements for the annual report. The contents of the annual report must include, at a minimum, the dates the audits were conducted, the scope of the audit activity, the audit findings and recommendations, the status of any corrective actions taken as a result of the audit activity, and the results of each audit in terms of the adequacy and effectiveness of the plans.
(3) Each city or town shall notify the department of transportation, pursuant to the most current version of the Washington state rail safety oversight program standard manual as it exists on March 25, 2016, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section, any reportable incident, accident, security breach, hazard, or security vulnerability. The department may adopt rules further defining any reportable incident, accident, security breach, hazard, or security vulnerability. The city or town shall investigate any reportable incident, accident, security breach, hazard, or security vulnerability and provide a written investigation report to the department as described in the most current version of the Washington state rail safety oversight program standard manual as it exists on March 25, 2016, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.
(4) The system security and emergency preparedness plan required in subsection (1) of this section is exempt from public disclosure under chapter
42.56
RCW. However, the system safety program plan as described in this section is not subject to this exemption.
[
2016 c 33 s 2
;
2007 c 422 s 1
;
2005 c 274 s 264
;
1999 c 202 s 1
.]
NOTES:
Effective date
—
2016 c 33:
See note following RCW 81.104.115
.
Effective date
—
1999 c 202:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 7, 1999]." [
1999 c 202 s 10
.]
RCW 35.21.230
Streets over tidelands declared public highways.
All streets in any incorporated city in this state, extending from high tide into the navigable waters of the state, are hereby declared public highways.
[
1965 c 7 s 35.21.230
. Prior:
1890 p 733 s 1
; RRS s 9293.]
NOTES:
Public highways: Title
47
RCW.
RCW 35.21.240
Streets over tidelands
—
Control of.
All streets declared public highways under the provisions of RCW 35.21.230
shall be under the control of the corporate authorities of the respective cities.
[
1965 c 7 s 35.21.240
. Prior:
1890 p 733 s 2
; RRS s 9294.]
RCW 35.21.250
Streets and alleys over first-class tidelands
—
Control of.
All streets and alleys, which have been heretofore or may hereafter be established upon, or across tide and shore lands [tidelands and shorelands] of the first class shall be under the supervision and control of the cities within whose corporate limits such tide and shore lands [tidelands and shorelands] are situated, to the same extent as are all other streets and alleys of such cities.
[
1965 c 7 s 35.21.250
. Prior:
1901 c 149 s 1
; RRS s 9295.]
RCW 35.21.260
Streets
—
Annual report to secretary of transportation.
The governing authority of each city and town on or before May 31st of each year shall submit such records and reports regarding street operations in the city or town to the secretary of transportation on forms furnished by him or her as are necessary to enable him or her to compile an annual report thereon.
[
2009 c 549 s 2042
;
1999 c 204 s 1
;
1984 c 7 s 19
;
1977 c 75 s 29
;
1965 c 7 s 35.21.260
. Prior:
1943 c 82 s 12
;
1937 c 187 s 64
; Rem. Supp. 1943 s 6450-64.]
RCW 35.21.270
Streets
—
Records of funds received and used for construction, repair, maintenance.
The city engineer or the city clerk of each city or town shall maintain records of the receipt and expenditure of all moneys used for construction, repair, or maintenance of streets and arterial highways.
To assist in maintaining uniformity in such records, the state auditor, with the advice and assistance of the department of transportation, shall prescribe forms and types of records to be so maintained.
[
1995 c 301 s 35
;
1984 c 7 s 20
;
1965 c 7 s 35.21.270
. Prior:
1949 c 164 s 5
; Rem. Supp. 1949 s 9300-5.]
RCW 35.21.275
Street improvements
—
Provision of supplies or materials.
Any city or town may assist a street abutter in improving the street serving the abutter's premises by providing asphalt, concrete, or other supplies or materials. The furnishing of supplies or materials or paying to the abutter the cost thereof and the providing of municipal inspectors and other incidental personnel shall not render the street improvements a public work or improvement subject to competitive bidding. The legislative authority of such city or town shall approve any such assistance at a public meeting and shall maintain a public register of any such assistance setting forth the value, nature, purpose, date and location of the assistance and the name of the beneficiary.
[
1983 c 103 s 1
.]
RCW 35.21.278
Contracts with community service organizations for public improvements
—
Limitations.
(1) Without regard to competitive bidding laws for public works, a county, city, town, school district, metropolitan park district, park and recreation district, port district, or park and recreation service area may contract with a chamber of commerce, a service organization, a community, youth, or athletic association, or other similar association located and providing service in the immediate neighborhood, for drawing design plans, making improvements to a park, school playground, public square, other public spaces, or port habitat site, installing equipment or artworks, or providing maintenance services for such a project, or for a facility or facilities as a community or neighborhood project, or for an environmental justice stewardship or sustainability project, and may reimburse the contracting association its expense. The contracting association may use volunteers to whom no wage or salary compensation is paid in the project and provide the volunteers with clothing or tools; meals or refreshments; accident/injury insurance coverage; and reimbursement of their expenses. The consideration to be received by the public entity through the value of the improvements, artworks, equipment, or maintenance shall have a value at least equal to two times that of the payment to the contracting association. All payments made by a public entity under the authority of this section for all such contracts in any one year shall not exceed $75,000 or two dollars per resident within the boundaries of the public entity, whichever is greater.
(2) A county, city, town, school district, metropolitan park district, park and recreation district, or park and recreation service area may ratify an agreement, which qualifies under subsection (1) of this section and was made before June 9, 1988.
(3) Without regard to competitive bidding laws for public works, a school district, institution of higher education, or other governmental entity that includes training programs for students may contract with a community service organization, nonprofit organization, or other similar entity, to build tiny houses for low-income housing, if the students participating in the building of the tiny houses are in:
(a) Training in a community and technical college construction or construction management program;
(b) A career and technical education program;
(c) A state-recognized apprenticeship preparation program; or
(d) Training under a construction career exploration program for high school students administered by a nonprofit organization.
[
2023 c 238 s 2
;
2019 c 352 s 7
;
2012 c 218 s 1
;
1988 c 233 s 1
.]
NOTES:
Findings
—
Intent
—
2023 c 238:
"The legislature finds that office of financial management forecasts are showing state population growth of more than 2.2 million people by the year 2050. In the face of this dramatic growth, the legislature finds that it is more important than ever to help preserve, maintain, and enhance local parks, trails, and open spaces that are key contributors to the state's quality of life.
The legislature further finds that local parks and recreation agencies confronted with this growth are still dealing with severe budget impacts brought on by the COVID-19 pandemic and facing a pending economic slowdown, even as the utilization of parks, open spaces, and trails has spiked up dramatically.
The legislature finds that local parks agencies desperately need additional funding and tools to address the significant growth in use and to better empower nonprofit and service organizations to make a positive impact in their communities.
The legislature finds that community service organizations can help local agencies bring people together in a way that fosters an ethic of service, builds cohesion among residents, and provides more free and accessible outdoor recreation opportunities, particularly in underserved communities.
The legislature finds that increased use of volunteers, and agreements with community service organizations, can help smaller agencies stretch local dollars further and take on bigger projects than they otherwise would be able to.
The legislature finds that one way to incentivize these types of agreements with community service organizations is by modernizing the state laws around contracting with such organizations, which have not been updated since 1988.
The legislature further finds that years of inflation and growth should be taken into account in updating these state laws, which currently restrict many local agencies to a $25,000 per year limit for all community service organization contracts.
Therefore, it is the intent of the legislature to modernize the state laws around contracting with community service organizations in a manner that accounts for three and a half decades of growth and inflationary costs, so that local parks agencies can operate with more reasonable and up-to-date limits that are in keeping with today's budget and cost realities. Doing so will provide local agencies one additional tool to address maintenance backlogs, preserve quality open spaces, and better serve communities experiencing inequities and lacking access to parks and recreation facilities and programs that support healthy living. The legislature therefore intends to increase the dollar limit from $25,000 to $75,000 for smaller agencies. It is the intent of the legislature that this limit apply annually to all contracts entered into by an agency under RCW 35.21.278
in any one year, and that this limit not be interpreted to apply on a per contract basis so as to allow any number of individual contracts of up to $75,000.
It is the intent of the legislature that this authority be used to provide additional opportunities for public service organizations to meaningfully participate in the betterment of their community, rather than as a way for local agencies to advantage nonprofits over other businesses in public contracting." [
2023 c 238 s 1
.]
Finding
—
2019 c 352:
See note following RCW 58.17.040
.
RCW 35.21.280
Tax on admissions
—
Exceptions.
(1) Every city and town may levy and fix a tax of not more than one cent on twenty cents or fraction thereof to be paid by the person who pays an admission charge to any place: PROVIDED, No city or town shall impose such tax on persons paying an admission to any activity of any elementary or secondary school or any public facility of a public facility district under chapter
35.57
or
36.100
RCW for which a tax is imposed under RCW 35.57.100
or
36.100.210, except the city or town may impose a tax on persons paying an admission to any activity of such public facility if the city or town uses the admission tax revenue it collects on the admission charges to that public facility for the construction, operation, maintenance, repair, replacement, or enhancement of that public facility or to develop, support, operate, or enhance programs in that public facility.
(2) Tax authorization under this section includes a tax on persons who are admitted free of charge or at reduced rates to any place for which other persons pay a charge or a regular higher charge for the same privileges or accommodations. A city that is located in a county with a population of one million or more may not levy a tax on events in stadia constructed on or after January 1, 1995, that are owned by a public facilities district under chapter
36.100
RCW and that have seating capacities over forty thousand. The city or town may require anyone who receives payment for an admission charge to collect and remit the tax to the city or town.
(3) The term "admission charge" includes:
(a) A charge made for season tickets or subscriptions;
(b) A cover charge, or a charge made for use of seats and tables reserved or otherwise, and other similar accommodations;
(c) A charge made for food and refreshment in any place where free entertainment, recreation or amusement is provided;
(d) A charge made for rental or use of equipment or facilities for purposes of recreation or amusement; if the rental of the equipment or facilities is necessary to the enjoyment of a privilege for which a general admission is charged, the combined charges shall be considered as the admission charge;
(e) Automobile parking charges if the amount of the charge is determined according to the number of passengers in the automobile.
[
2002 c 363 s 5
;
1999 c 165 s 19
;
1995 3rd sp.s. c 1 s 202
;
1995 1st sp.s. c 14 s 8
;
1965 c 7 s 35.21.280
. Prior:
1957 c 126 s 1
;
1951 c 35 s 1
;
1943 c 80 s 1
; Rem. Supp. 1943 s 8370-44a.]
NOTES:
Part headings not law
—
Effective date
—
1995 3rd sp.s. c 1:
See notes following RCW 82.14.0485
.
Severability
—
Effective dates
—
1995 1st sp.s. c 14:
See notes following RCW 36.100.010
.
RCW 35.21.286
Limitations on the use of gas
—
Prohibition.
A city or town shall not in any way prohibit, penalize, or discourage the use of gas for any form of heating, or for uses related to any appliance or equipment, in any building.
[
2025 c 1 s 9
(Initiative Measure No. 2066, approved November 5, 2024).]
NOTES:
Findings
—
2025 c 1 (Initiative Measure No. 2066):
See note following RCW 80.28.110
.
RCW 35.21.290
Utility services
—
Lien for
—
Emergency declaration.
(1) Except as provided in RCW 35.21.217
(4) and in subsection (2) of this section, cities and towns owning their own waterworks, or electric light or power plants shall have a lien against the premises to which water, electric light, or power services were furnished for four months charges therefor due or to become due, but not for any charges more than four months past due.
(2) The lien provided for in subsection (1) of this section may apply to charges more than four months past due, if the city or town has been unable to pursue collection or a lien against the premises to which water, electric light, or power services were furnished due to an emergency declaration by the governor. A lien may be imposed after the expiration of the emergency declaration that prevented collection. The period in which the lien may be imposed is the later of:
(a) Three months from the expiration of the emergency declaration preventing collection or a lien; or
(b) Three months of the ratepayer's failure to abide by the terms of an agreed payment plan, if the payment plan for past due charges would have allowed the ratepayer to repay the past due charges over a period of six months or more.
[
2021 c 296 s 15
;
2010 c 135 s 2
;
1965 c 7 s 35.21.290
. Prior:
1933 c 135 s 1
;
1909 c 161 s 1
; RRS s 9471.]
NOTES:
Finding
—
Intent
—
Effective date
—
2021 c 296:
See notes following RCW 82.14.310
.
RCW 35.21.300
Utility services
—
Enforcement of lien
—
Limitations on termination of service for residential heating.
(1) The lien for charges for service by a city waterworks, or electric light or power plant may be enforced only by cutting off the service until the delinquent and unpaid charges are paid, except that until June 30, 1991, utility service for residential space heating may be terminated between November 15 and March 15 only as provided in subsections (2) and (4) of this section. In the event of a disputed account and tender by the owner of the premises of the amount the owner claims to be due before the service is cut off, the right to refuse service to any premises shall not accrue until suit has been entered by the city and judgment entered in the case.
(2) Utility service for residential space heating shall not be terminated between November 15 through March 15 if the customer:
(a) Notifies the utility of the inability to pay the bill, including a security deposit. This notice should be provided within five business days of receiving a payment overdue notice unless there are extenuating circumstances. If the customer fails to notify the utility within five business days and service is terminated, the customer can, by paying reconnection charges, if any, and fulfilling the requirements of this section, receive the protections of this chapter;
(b) Provides self-certification of household income for the prior twelve months to a grantee of the department of commerce which administers federally funded energy assistance programs. The grantee shall determine that the household income does not exceed the maximum allowed for eligibility under the state's plan for low-income energy assistance under 42 U.S.C. 8624 and shall provide a dollar figure that is seven percent of household income. The grantee may verify information in the self-certification;
(c) Has applied for home heating assistance from applicable government and private sector organizations and certifies that any assistance received will be applied to the current bill and future utility bills;
(d) Has applied for low-income weatherization assistance to the utility or other appropriate agency if such assistance is available for the dwelling;
(e) Agrees to a payment plan and agrees to maintain the payment plan. The plan will be designed both to pay the past due bill by the following October 15 and to pay for continued utility service. If the past due bill is not paid by the following October 15, the customer shall not be eligible for protections under this chapter until the past due bill is paid. The plan shall not require monthly payments in excess of seven percent of the customer's monthly income plus one-twelfth of any arrearage accrued from the date application is made and thereafter during November 15 through March 15. A customer may agree to pay a higher percentage during this period, but shall not be in default unless payment during this period is less than seven percent of monthly income plus one-twelfth of any arrearage accrued from the date application is made and thereafter. If assistance payments are received by the customer subsequent to implementation of the plan, the customer shall contact the utility to reformulate the plan; and
(f) Agrees to pay the moneys owed even if he or she moves.
(3) The utility shall:
(a) Include in any notice that an account is delinquent and that service may be subject to termination, a description of the customer's duties in this section;
(b) Assist the customer in fulfilling the requirements under this section;
(c) Be authorized to transfer an account to a new residence when a customer who has established a plan under this section moves from one residence to another within the same utility service area;
(d) Be permitted to disconnect service if the customer fails to honor the payment program. Utilities may continue to disconnect service for those practices authorized by law other than for nonpayment as provided for in this section. Customers who qualify for payment plans under this section who default on their payment plans and are disconnected can be reconnected and maintain the protections afforded under this chapter by paying reconnection charges, if any, and by paying all amounts that would have been due and owing under the terms of the applicable payment plan, absent default, on the date on which service is reconnected; and
(e) Advise the customer in writing at the time it disconnects service that it will restore service if the customer contacts the utility and fulfills the other requirements of this section.
(4) All municipal utilities shall offer residential customers the option of a budget billing or equal payment plan. The budget billing or equal payment plan shall be offered low-income customers eligible under the state's plan for low-income energy assistance prepared in accordance with 42 U.S.C. 8624(C)(1) without limiting availability to certain months of the year, without regard to the length of time the customer has occupied the premises, and without regard to whether the customer is the tenant or owner of the premises occupied.
(5) An agreement between the customer and the utility, whether oral or written, shall not waive the protections afforded under this chapter.
[
2023 c 470 s 2016
;
1995 c 399 s 36
;
1991 c 165 s 2
;
1990 1st ex.s. c 1 s 1
;
1987 c 356 s 1
;
1986 c 245 s 1
;
1985 c 6 s 3
;
1984 c 251 s 1
;
1965 c 7 s 35.21.300
. Prior:
1909 c 161 s 2
; RRS s 9472.]
NOTES:
Explanatory statement
—
2023 c 470:
See note following RCW 10.99.030
.
Findings
—
1991 c 165:
"The legislature finds that the health and welfare of the people of the state of Washington require that all citizens receive essential levels of heat and electric service regardless of economic circumstance and that rising energy costs have had a negative effect on the affordability of housing for low-income citizens and have made it difficult for low-income citizens of the state to afford adequate fuel for residential space heat. The legislature further finds that level payment plans, the protection against winter heating shutoff, and house weatherization programs have all been beneficial to low-income persons." [
1991 c 165 s 1
.]
RCW 35.21.302
Utility services
—
Involuntary termination of service during heat-related alerts prohibited
—
Reconnection and repayment plan
—
Report.
(1) A city or town, including a code city, that owns or operates an electric or water utility may not effect, due to lack of payment, an involuntary termination of utility service to any residential user, including tenants of metered apartment buildings and residents of mobile homes, on any day for which the national weather service has issued or has announced that it intends to issue a heat-related alert, such as an excessive heat warning, a heat advisory, an excessive heat watch, or a similar alert, for the area in which the residential user's address is located.
(2)(a) A residential user at whose dwelling utility service has been disconnected for lack of payment may request that the utility reconnect service on any day for which the national weather service has issued or has announced that it intends to issue a heat-related alert, such as an excessive heat warning, a heat advisory, an excessive heat watch, or a similar alert, for the area in which the residential user's address is located. The utility shall inform all customers in the notice of disconnection of the ability to seek reconnection and provide clear and specific information on how to make that request, including how to contact the utility.
(b) Upon receipt of a request made pursuant to (a) of this subsection, the utility shall promptly make a reasonable attempt to reconnect service to the dwelling. The utility, in connection with a request made pursuant to (a) of this subsection, may require the residential user to enter into a payment plan prior to reconnecting service to the dwelling. If the utility requires the residential user to enter into a repayment plan, the repayment plan must comply with subsection (3) of this section.
(3) A repayment plan required by a utility pursuant to subsection (2)(b) of this section will be designed both to pay the past due bill by the following May 15th, or as soon as possible after May 15th if needed to maintain monthly payments that are no greater than six percent of the customer's monthly income, and to pay for continued utility service. The plan may not require monthly payments in excess of six percent of the customer's monthly income. A customer may agree to pay a higher percentage during this period, but will not be in default unless payment during this period is less than six percent of the customer's monthly income. If assistance payments are received by the customer subsequent to implementation of the plan, the customer shall contact the utility to reformulate the plan.
(4) On an annual basis, each city or town, including a code city, that owns or operates an electric or water utility with more than 25,000 retail electric customers or 2,500 water customers in Washington must submit a report to the department of commerce that includes the total number of disconnections that occurred on each day for which the national weather service issued, or announced that it intended to issue, a heat-related alert. Utilities with fewer than 25,000 retail electric customers or 2,500 water customers in Washington must provide similar information upon request by the department.
(a) Subject to availability, each utility must provide any other information related to utility disconnections that is requested by the department.
(b) The information required in this subsection must be submitted in a form, timeline, and manner as prescribed by the department.
[
2023 c 105 s 3
.]
RCW 35.21.305
Utility connection charges
—
Waiver for low-income persons.
A city or town, including a code city, that owns or operates an electric or gas utility may waive connection charges for properties purchased by low-income persons from organizations exempt from tax under section 501(c)(3) of the federal internal revenue code as amended prior to July 23, 1995. Waivers of connection charges for the same class of electric or gas utility service must be uniformly applied to all qualified property. Nothing in this section authorizes the impairment of a contract.
[
1995 c 140 s 1
.]
RCW 35.21.310
Removal of overhanging or obstructing vegetation
—
Removal, destroying debris.
Any city or town may by general ordinance require the owner of any property therein to remove or destroy all trees, plants, shrubs or vegetation, or parts thereof, which overhang any sidewalk or street or which are growing thereon in such manner as to obstruct or impair the free and full use of the sidewalk or street by the public; and may further so require the owner of any property therein to remove or destroy all grass, weeds, shrubs, bushes, trees or vegetation growing or which has grown and died, and to remove or destroy all debris, upon property owned or occupied by them and which are a fire hazard or a menace to public health, safety or welfare. The ordinance shall require the proceedings therefor to be initiated by a resolution of the governing body of the city or town, adopted after not less than five days' notice to the owner, which shall describe the property involved and the hazardous condition, and require the owner to make such removal or destruction after notice given as required by said ordinance. The ordinance may provide that if such removal or destruction is not made by the owner after notice given as required by the ordinance in any of the above cases, that the city or town will cause the removal or destruction thereof and may also provide that the cost to the city or town shall become a charge against the owner of the property and a lien against the property. Notice of the lien herein authorized shall as nearly as practicable be in substantially the same form, filed with the same officer within the same time and manner, and enforced and foreclosed as is provided by law for liens for labor and materials.
The provisions of this section are supplemental and additional to any other powers granted or held by any city or town on the same or a similar subject.
[
1969 c 20 s 1
;
1965 c 7 s 35.21.310
. Prior:
1949 c 113 s 1
; Rem. Supp. 1949 s 9213-10.]
NOTES:
Weeds, duty of city or town, extermination areas: RCW 17.04.160
.
RCW 35.21.315
Amateur radio antennas
—
Local regulation to conform with federal law.
No city or town shall enact or enforce an ordinance or regulation that fails to conform to the limited preemption entitled "Amateur Radio Preemption, 101 FCC 2nd 952 (1985)" issued by the federal communications commission. An ordinance or regulation adopted by a city or town with respect to amateur radio antennas shall conform to the limited federal preemption, that states local regulations that involve placement, screening, or height of antennas based on health, safety, or aesthetic considerations must be crafted to reasonably accommodate amateur communications, and to represent the minimal practicable regulation to accomplish the local authority's legitimate purpose.
[
1994 c 50 s 1
.]
NOTES:
Effective date
—
1994 c 50:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 23, 1994]." [
1994 c 50 s 4
.]
RCW 35.21.320
Warrants
—
Interest rate
—
Payment.
All city and town warrants shall draw interest from and after their presentation to the treasurer, but no compound interest shall be paid on any warrant directly or indirectly. The city or town treasurer shall pay all warrants in the order of their number and date of issue whenever there are sufficient funds in the treasury applicable to the payment. If five hundred dollars (or any sum less than five hundred dollars as may be prescribed by ordinance) is accumulated in any fund having warrants outstanding against it, the city or town treasurer shall publish a call for warrants to that amount in the next issue of the official newspaper of the city or town. The notice shall describe the warrants so called by number and specifying the fund upon which they were drawn: PROVIDED, That no call need be made until the amount accumulated is equal to the amount due on the warrant longest outstanding: PROVIDED FURTHER, That no more than two calls shall be made in any one month.
Any city or town treasurer who knowingly fails to call for or pay any warrant in accordance with the provisions of this section shall be fined not less than twenty-five dollars nor more than five hundred dollars and conviction thereof shall be sufficient cause for removal from office.
[
1985 c 469 s 20
;
1965 c 7 s 35.21.320
. Prior: (i) 1893 c 48 s 1, part; RRS s 4116, part. (ii) 1895 c 152 s 2, part; RRS s 4119, part. (iii) 1895 c 152 s 1, part; RRS s 4118, part.]
RCW 35.21.333
Chief of police or marshal
—
Eligibility requirements.
(1) A person seeking appointment to the office of chief of police or marshal, of a city or town, including a code city, with a population in excess of one thousand, is ineligible unless that person:
(a) Is a citizen of the United States of America;
(b) Has obtained a high school diploma or high school equivalency certificate as provided in RCW 28B.50.536
;
(c) Has not been convicted under the laws of this state, another state, or the United States of a felony;
(d) Has not been convicted of a gross misdemeanor or any crime involving moral turpitude within five years of the date of application;
(e) Has received at least a general discharge under honorable conditions from any branch of the armed services for any military service if the person was in the military service;
(f) Has completed at least two years of regular, uninterrupted, full-time commissioned law enforcement employment involving enforcement responsibilities with a government law enforcement agency; and
(g) The person has been certified as a regular and commissioned enforcement officer through compliance with this state's basic training requirement or equivalency.
(2) A person seeking appointment to the office of chief of police or marshal, of a city or town, including a code city, with a population of one thousand or less, is ineligible unless that person conforms with the requirements of subsection (1) (a) through (e) of this section. A person so appointed as chief of police or marshal must successfully complete the state's basic training requirement or equivalency within nine months after such appointment, unless an extension has been granted by the criminal justice training commission.
(3) A person seeking appointment to the office of chief of police or marshal shall provide a sworn statement under penalty of perjury to the appointing authority stating that the person meets the requirements of this section.
[
2013 c 39 s 17
;
1987 c 339 s 4
.]
NOTES:
Intent
—
1987 c 339:
"The intent of this act is to require certain qualifications for candidates for the office of chief of police or marshal, which position in whole or in part oversees law enforcement personnel or activities for a city or town.
The legislature finds that over the past century the field of law enforcement has become increasingly complex and many new techniques and resources have evolved both socially and technically. In addition the ever-changing requirements of law, both constitutional and statutory provisions protecting the individual and imposing responsibilities and legal liabilities of law enforcement officers and the government of which they represent, require an increased level of training and experience in the field of law enforcement.
The legislature, therefore finds that minimum requirements are reasonable and necessary to seek and hold the offices or office of chief of police or marshal, and that such requirements are in the public interest." [
1987 c 339 s 3
.]
Severability
—
1987 c 339:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1987 c 339 s 8
.]
Effective date
—
1987 c 339:
"This act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987." [
1987 c 339 s 9
.]
RCW 35.21.334
Chief of police or marshal
—
Background investigation.
Before making an appointment in the office of chief of police or marshal, the appointing agency shall complete a thorough background investigation of the candidate. The Washington association of sheriffs and police chiefs shall develop advisory procedures which may be used by the appointing authority in completing its background investigation of candidates for the office of chief of police or marshal.
[
1987 c 339 s 5
.]
NOTES:
Intent
—
Severability
—
Effective date
—
1987 c 339:
See notes following RCW 35.21.333
.
RCW 35.21.335
Chief of police or marshal
—
Vacancy.
In the case of a vacancy in the office of chief of police or marshal, all requirements and procedures of RCW 35.21.333
and
35.21.334
shall be followed in filling the vacancy.
[
1987 c 339 s 6
.]
NOTES:
Intent
—
Severability
—
Effective date
—
1987 c 339:
See notes following RCW 35.21.333
.
RCW 35.21.340
Cemeteries and funeral facilities.
See chapter
68.52
RCW.
RCW 35.21.350
Civil service in police and fire departments.
See Title
41
RCW.
RCW 35.21.360
Eminent domain by cities and towns.
See chapter
8.12
RCW.
RCW 35.21.370
Joint county and city hospitals.
See chapter
36.62
RCW.
RCW 35.21.380
Joint county and city buildings.
See chapter
36.64
RCW.
RCW 35.21.385
Counties with a population of two hundred ten thousand or more may contract with cities concerning buildings and related improvements.
See RCW 36.64.070
.
RCW 35.21.390
Public employment, civil service and pensions.
See Title
41
RCW.
RCW 35.21.392
Contractors
—
Authority of city to verify registration and report violations.
A city that issues a business license to a person required to be registered under chapter
18.27
RCW may verify that the person is registered under chapter
18.27
RCW and report violations to the department of labor and industries. The department of revenue must conduct the verification for cities that participate in the business licensing system.
[
2013 c 144 s 36
;
2011 c 298 s 22
;
2009 c 432 s 2
.]
NOTES:
Purpose
—
Intent
—
Agency transfer
—
Contracting
—
Effective date
—
2011 c 298:
See notes following RCW 19.02.020
.
Report
—
2009 c 432:
See RCW 18.27.800
.
RCW 35.21.395
Historic preservation
—
Authorization to acquire property, borrow money, issue bonds, etc.
Any city or town may acquire title to or any interest in real and personal property for the purpose of historic preservation and may restore, improve, maintain, manage, and lease the property for public or private use and may enter into contracts, borrow money, and issue bonds and other obligations for such purposes. This authorization shall not expand the eminent domain powers of cities or towns.
[
1984 c 203 s 3
.]
NOTES:
Severability
—
1984 c 203:
See note following RCW 35.43.140
.
RCW 35.21.400
City may acquire property for parks, recreational, viewpoint, greenbelt, conservation, historic, scenic, or view purposes.
See RCW 36.34.340
.
RCW 35.21.403
Authority to establish lake and beach management districts.
Any city or town may establish lake and beach management districts within its boundaries as provided in chapter
36.61
RCW. When a city or town establishes a lake or beach management district pursuant to chapter
36.61
RCW, the term "county legislative authority" shall be deemed to mean the city or town governing body, the term "county" shall be deemed to mean the city or town, and the term "county treasurer" shall be deemed to mean the city or town treasurer or other fiscal officer.
[
2008 c 301 s 28
;
1985 c 398 s 27
.]
RCW 35.21.404
Fish enhancement project
—
City's or town's liability.
A city or town is not liable for adverse impacts resulting from a fish enhancement project that meets the criteria of RCW 77.55.181
and has been permitted by the department of fish and wildlife.
[
2014 c 120 s 9
;
2003 c 39 s 14
;
1998 c 249 s 9
.]
NOTES:
Findings
—
Purpose
—
Report
—
Effective date
—
1998 c 249:
See notes following RCW 77.55.181
.
RCW 35.21.405
Moorage facilities
—
Regulations authorized
—
Port charges, delinquency
—
Abandoned vessels, public sale.
See RCW 53.08.310
and
53.08.320
.
RCW 35.21.407
Abandoned or derelict vessels.
Any city or town has the authority, subject to the processes and limitation outlined in chapter
79.100
RCW, to store, strip, use, auction, sell, salvage, scrap, or dispose of an abandoned or derelict vessel found on or above publicly or privately owned aquatic lands within the jurisdiction of the city or town.
[
2002 c 286 s 15
.]
NOTES:
Effective date
—
2002 c 286:
See RCW 79.100.901
.
RCW 35.21.408
Transfer of ownership of a city or town-owned vessel
—
Review of vessel's physical condition.
(1) Prior to transferring ownership of a city or town-owned vessel, the city or town shall conduct a thorough review of the physical condition of the vessel, the vessel's operating capability, and any containers and other materials that are not fixed to the vessel.
(2) If the city or town determines the vessel is in a state of advanced deterioration or poses a reasonably imminent threat to human health or safety, including a threat of environmental contamination, the city or town may: (a) Not transfer the vessel until the conditions identified under this subsection have been corrected; or (b) permanently dispose of the vessel by landfill, deconstruction, or other related method.
(3) Vessels taken into custody under chapter
79.100
RCW are not subject to this section or RCW 35.21.409
.
[
2013 c 291 s 15
.]
RCW 35.21.409
Transfer of ownership of a city or town-owned vessel
—
Further requirements.
(1) Following the inspection required under RCW 35.21.408
and prior to transferring ownership of a city or town-owned vessel, a city or town shall obtain the following from the transferee:
(a) The purposes for which the transferee intends to use the vessel; and
(b) Information demonstrating the prospective owner's intent to obtain legal moorage following the transfer, in the manner determined by the city or town.
(2)(a) The city or town shall remove any containers or other materials that are not fixed to the vessel and contain hazardous substances, as defined under RCW 70A.305.020
.
(b) However, the city or town may transfer a vessel with:
(i) Those containers or materials described under (a) of this subsection where the transferee demonstrates to the city or town's satisfaction that the container's or material's presence is consistent with the anticipated use of the vessel; and
(ii) A reasonable amount of fuel as determined by the city or town, based on factors including the vessel's size, condition, and anticipated use of the vessel, including initial destination following transfer.
(c) The city or town may consult with the department of ecology in carrying out the requirements of this subsection.
(3) Prior to sale, and unless the vessel has a title or valid marine document, the city or town is required to apply for a certificate of title for the vessel under RCW 88.02.510
and register the vessel under RCW 88.02.550
.
[
2020 c 20 s 1010
;
2013 c 291 s 16
.]
RCW 35.21.410
Nonpolluting power generation by individual
—
Exemption from regulation
—
Authorization to contract with utility.
See chapter
80.58
RCW.
RCW 35.21.412
Hydroelectric resources
—
Separate legal authority
—
Creation by irrigation districts and cities, towns, or public utility districts.
See RCW 87.03.825
through
87.03.840
.
RCW 35.21.415
Electrical utilities
—
Civil immunity of officials and employees for good faith mistakes and errors of judgment.
Officials and employees of cities and towns shall be immune from civil liability for mistakes and errors of judgment in the good faith performance of acts within the scope of their official duties involving the exercise of judgment and discretion which relate solely to their responsibilities for electrical utilities. This grant of immunity shall not be construed as modifying the liability of the city or town.
[
1983 1st ex.s. c 48 s 1
.]
NOTES:
Severability
—
1983 1st ex.s. c 48:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1983 1st ex.s. c 48 s 4
.]
RCW 35.21.417
Hydroelectric reservoir extending across international boundary
—
Agreement with Province of British Columbia.
To carry out a treaty between the United States of America and Canada, a city that maintains hydroelectric facilities with a reservoir which extends across the international boundary, may enter into an agreement with the Province of British Columbia for enhancing recreational opportunities and protecting environmental resources of the watershed of the river or rivers which forms the reservoir. The agreement may provide for establishment of and payments into an environmental endowment fund and establishment of an administering commission to implement the purpose of the treaty and the agreement.
[
1984 c 1 s 1
.]
RCW 35.21.418
Hydroelectric reservoir extending across international boundary
—
Commission
—
Powers.
A commission, established by an agreement between a Washington municipality and the Province of British Columbia to carry out a treaty between the United States of America and Canada as authorized in RCW 35.21.417, shall be public and shall have all powers and capacity necessary and appropriate for the purposes of performing its functions under the agreement, including, but not limited to, the following powers and capacity: To acquire and dispose of real property other than by condemnation; to enter into contracts; to sue and be sued in either Canada or the United States; to establish an endowment fund in either or both the United States and Canada and to invest the endowment fund in either or both countries; to solicit, accept, and use donations, grants, bequests, or devises intended for furthering the functions of the endowment; to adopt such rules or procedures as it deems desirable for performing its functions; to engage advisors and consultants; to establish committees and subcommittees; to adopt rules for its governance; to enter into agreements with public and private entities; and to engage in activities necessary and appropriate for implementing the agreement and the treaty.
The endowment fund and commission may not be subject to state or local taxation. A commission, so established, may not be subject to statutes and laws governing Washington cities and municipalities in the conduct of its internal affairs: PROVIDED, That all commission members appointed by the municipality shall comply with chapter
42.52
RCW, and: PROVIDED FURTHER, That all commission meetings held within the state of Washington shall be held in compliance with chapter
42.30
RCW. All obligations or liabilities incurred by the commission shall be satisfied exclusively from its own assets and insurance.
[
1994 c 154 s 309
;
1984 c 1 s 2
.]
NOTES:
Effective date
—
1994 c 154:
See RCW 42.52.904
.
RCW 35.21.420
Utilities
—
City may support county in which generating plant located
—
Cities with a population greater than five hundred thousand responsible for impact payments and arrearages
—
Arbitration.
(1) Any city owning and operating a public utility and having facilities for the generation of electricity located in a county other than that in which the city is located, may provide for the public peace, health, safety and welfare of such county as concerns the facilities and the personnel employed in connection therewith, by contributing to the support of the county government of any such county and enter into contracts with any such county therefor.
(2)(a) Any city with a population greater than five hundred thousand people owning and operating a public utility and having facilities for the generation of electricity located in a county other than that in which the city is located, must provide for the impacts of lost revenue and the public peace, health, safety, and welfare of such county as concerns the facilities and the personnel employed in connection therewith, by contributing to the support of the county, city, or town government and school district of any such county and enter into contracts with any such county therefor as specified in RCW 35.21.425
.
(b)(i) In the event a contract entered into under this section between a county and the governing body of a city with a population greater than five hundred thousand people authorized or required under this section expires prior to the adoption of a new contract between the parties, the city must continue to make compensatory payments calculated based on the payment terms set forth in the most recent expired compensation contract between the city and the county until such time as a new contract is entered into by the parties.
(ii) In the event a contract entered into under this section between a county and the governing body of a city with a population greater than five hundred thousand people expired prior to June 10, 2010, the city shall be indebted to the county for any resulting arrearage accruing from the time of the expiration of the contract until such time as a new contract is entered into by the parties. The dollar amount of such arrearage shall be calculated retroactively by reference to the payment terms set forth in the most recent expired compensation contract between the city and the county.
(c) In the event a contract entered into under this section between a county and the governing body of a city with a population greater than five hundred thousand people expires, or has expired prior to June 10, 2010, and the county and the city are unable to reach agreement on a new contract within six months of such expiration, then either the county or the city may initiate the arbitration procedures set forth in RCW 35.21.426
by serving a written notice of intent to arbitrate on the other. Arbitration must commence within sixty days of service of such notice, and must follow the arbitration procedures as provided in RCW 35.21.426
. The city is responsible for the costs of arbitration, including compensation for the arbitrators' services, except that the city and the county shall bear their own costs for attorneys' fees and their own costs of litigation.
[
2010 c 199 s 1
;
1965 c 7 s 35.21.420
. Prior:
1951 c 104 s 1
.]
RCW 35.21.422
Utilities
—
Cities in a county with a population of two hundred ten thousand or more west of Cascades may support cities, towns, counties and taxing districts in which facilities located.
Any city, located within a county with a population of two hundred ten thousand or more west of the Cascades, owning and operating a public utility and having facilities for the distribution of electricity located outside its city limits, may provide for the support of cities, towns, counties and taxing districts in which such facilities are located, and enter into contracts with such county therefor. Such contribution shall be based upon the amount of retail sales of electricity, other than to governmental agencies, made by such city in the areas of such cities, towns, counties or taxing districts in which such facilities are located, and shall be divided among them on the same basis as taxes on real and personal property therein are divided.
[
1991 c 363 s 38
;
1967 ex.s. c 52 s 1
.]
NOTES:
Purpose
—
Captions not law
—
1991 c 363:
See notes following RCW 2.32.180
.
RCW 35.21.425
City constructing generating facility in other county
—
Reimbursement of county or school district
—
Reimbursement by cities with a population greater than five hundred thousand.
(1) Except as provided in subsection (2) of this section, whenever after March 17, 1955, any city shall construct hydroelectric generating facilities or acquire land for the purpose of constructing the same in a county other than the county in which such city is located, and by reason of such construction or acquisition shall (1) cause loss of revenue and/or place a financial burden in providing for the public peace, health, safety, welfare, and added road maintenance in such county, in addition to road construction or relocation as set forth in RCW 90.28.010
and/or (2) shall cause any loss of revenues and/or increase the financial burden of any school district affected by the construction because of an increase in the number of pupils by reason of the construction or the operation of said generating facilities, the city shall enter into an agreement with said county and/or the particular school district or districts affected for the payment of moneys to recompense such losses or to provide for such increased financial burden, upon such terms and conditions as may be mutually agreeable to the city and the county and/or school district or districts.
(2)(a) Whenever after March 17, 1955, a municipal owned utility located in a city with a population greater than five hundred thousand people constructs or operates hydroelectric generating facilities or acquires land for the purpose of constructing or operating the same in a county other than the county in which the city is located must enter into an agreement with the county affected for the annual payment of moneys to recompense such losses, as provided under subsection (1) of this section.
(b)(i) In the event an agreement entered into under this section between a county and the governing body of either a city with a population greater than five hundred thousand people or a municipal utility owned by a city with a population greater than five hundred thousand people expires prior to the adoption of a new agreement between the parties, the city or utility must continue to make compensatory payments calculated based on the payment terms set forth in the most recent expired compensation contract between the city and the county until such time as a new agreement is entered into by the parties.
(ii) In the event an agreement entered into under this section between a county and the governing body of either a city with a population greater than five hundred thousand people or a municipal utility owned by a city with a population greater than five hundred thousand people expired prior to June 10, 2010, the city shall be indebted to the county for any resulting arrearage accruing from the time of the expiration of the agreement until such time as a new agreement is entered into by the parties. The dollar amount of such arrearage shall be calculated retroactively by reference to the payment terms set forth in the most recent expired compensation agreement between the city and the county.
(c) In the event an agreement entered into under this section between a county and the governing body of either a city with a population greater than five hundred thousand people or a municipal utility owned by a city with a population greater than five hundred thousand people expires, or has expired prior to June 10, 2010, and the county and the city are unable to reach agreement on a new agreement within six months of such expiration, then either the county or the city may initiate the arbitration procedures set forth in RCW 35.21.426
by serving a written notice of intent to arbitrate on the other. Arbitration must commence within sixty days of service of such notice, and must follow the arbitration procedures as provided in RCW 35.21.426
. The city is responsible for the costs of arbitration, including compensation for the arbitrators' services, and the city and the county shall bear their own costs for attorneys' fees and their own costs of litigation.
[
2010 c 199 s 2
;
1965 c 7 s 35.21.425
. Prior:
1955 c 252 s 1
.]
RCW 35.21.426
City constructing generating facility in other county
—
Notice of loss
—
Negotiations
—
Arbitration.
Whenever a county or school district affected by the project sustains such financial loss or is affected by an increased financial burden as above set forth or it appears that such a financial loss or burden will occur beginning not later than within the next three months, such county or school district shall immediately notify the city in writing setting forth the particular losses or increased burden and the city shall immediately enter into negotiations to effect a contract. In the event the city and the county or school district are unable to agree upon terms and conditions for such contract, then in that event, within sixty days after such notification, the matter shall be submitted to a board of three arbitrators, one of whom shall be appointed by the city council of the city concerned; one by the board of county commissioners for the county concerned or by the school board for the school district concerned, and one by the two arbitrators so appointed. In the event such arbitrators are unable to agree on a third arbitrator within ten days after their appointment then the third arbitrator shall be selected by the state auditor. The board of arbitrators shall determine the loss of revenue and/or the cost of the increased financial burden placed upon the county or school district and its findings shall be binding upon such city and county or school district and the parties shall enter into a contract for reimbursement by the city in accordance with such findings, with the payment under such findings to be retroactive to the date when the city was first notified in writing.
[
1965 c 7 s 35.21.426
. Prior:
1955 c 252 s 2
.]
RCW 35.21.427
City constructing generating facility in other county
—
Additional findings
—
Renegotiation.
The findings provided for in RCW 35.21.426
may also provide for varying payments based on formulas to be stated in the findings, and for varying payments for different stated periods. The findings shall also state a future time at which the agreement shall be renegotiated or, in event of failure to agree on such renegotiation, be arbitrated as provided in RCW 35.21.426
.
[
1965 c 7 s 35.21.427
. Prior:
1955 c 252 s 3
.]
RCW 35.21.430
Utilities
—
City may pay taxing districts involved after acquisition of private power facilities.
On and after January 1, 1951, whenever a city or town shall acquire electric generation, transmission and/or distribution properties which at the time of acquisition were in private ownership, the legislative body thereof may each year order payments made to all taxing districts within which any part of the acquired properties are located, in amounts not greater than the taxes, exclusive of excess levies voted by the people and/or levies made for the payment of bonded indebtedness pursuant to the provisions of Article VII, section 2 of the Constitution of this state, as now or hereafter amended, and/or by statutory provision, imposed on such properties in the last tax year in which said properties were in private ownership.
[
1973 1st ex.s. c 195 s 15
;
1965 c 7 s 35.21.430
. Prior:
1951 c 217 s 1
.]
NOTES:
Severability
—
Effective dates
—
Construction
—
1973 1st ex.s. c 195:
See notes following RCW 84.52.043
.
RCW 35.21.440
Utilities
—
Additional payments to school districts having bonded indebtedness.
In the event any portion of such property shall be situated in any school district which, at the time of acquisition, has an outstanding bonded indebtedness, the city or town may in addition to the payments authorized in RCW 35.21.430, make annual payments to such school district which shall be applied to the retirement of the principal and interest of such bonds. Such payments shall be computed in the proportion which the assessed valuation of utility property so acquired shall bear to the total assessed valuation of the district at the time of the acquisition.
[
1965 c 7 s 35.21.440
. Prior:
1951 c 217 s 2
.]
RCW 35.21.450
Utilities
—
Payment of taxes.
Annual payments shall be ordered by an ordinance or ordinances of the legislative body. The ordinance shall further order a designated officer to notify in writing the county assessor of each county in which any portion of such property is located, of the city's intention to make such payments. The county assessor shall thereupon enter upon the tax rolls of the county the amount to which any taxing district of the county is entitled under the provisions of RCW 35.21.430
to 35.21.450, inclusive; and upon delivery of the tax rolls to the county treasurer as provided by law, the amount of the tax as hereinbefore authorized and determined shall become due and payable by the city or town the same as real property taxes.
[
1965 c 7 s 35.21.450
. Prior:
1951 c 217 s 3
.]
RCW 35.21.455
Locally regulated utilities
—
Attachments to poles.
(1) As used in this section:
(a) "Attachment" means the affixation or installation of any wire, cable or other physical material capable of carrying electronic impulses or light waves for the carrying of intelligence for telecommunications or television, including, but not limited to cable, and any related device, apparatus, or auxiliary equipment upon any pole owned or controlled in whole or in part by one or more locally regulated utilities where the installation has been made with the necessary consent.
(b) "Locally regulated utility" means a city owning and operating an electric utility not subject to rate or service regulation by the utilities and transportation commission.
(c) "Nondiscriminatory" means that pole owners may not arbitrarily differentiate among or between similar classes of persons approved for attachments.
(2) All rates, terms, and conditions made, demanded or received by a locally regulated utility for attachments to its poles must be just, reasonable, nondiscriminatory and sufficient. A locally regulated utility shall levy attachment space rental rates that are uniform for the same class of service within the locally regulated utility service area.
(3) Nothing in this section shall be construed or is intended to confer upon the utilities and transportation commission any authority to exercise jurisdiction over locally regulated utilities.
[
1996 c 32 s 3
.]
RCW 35.21.465
Crop purchase contracts for dedicated energy crops.
In addition to any other authority provided by law, public development authorities are authorized to enter into crop purchase contracts for a dedicated energy crop for the purposes of producing, selling, and distributing biodiesel produced from Washington state feedstocks, cellulosic ethanol, and cellulosic ethanol blend fuels.
[
2007 c 348 s 208
.]
NOTES:
Findings
—
2007 c 348:
See RCW 43.325.005
.
RCW 35.21.470
Building construction projects
—
City or town prohibited from requiring state agencies or local governments to provide bond or other security as a condition for issuance of permit.
A city or town may not require any state agency or unit of local government to secure the performance of a permit requirement with a surety bond or other financial security device, including cash or assigned account, as a condition of issuing a permit to that unit of local government for a building construction project.
As used in this section, "building construction project" includes, in addition to its usual meaning, associated landscaping, street alteration, pedestrian or vehicular access alteration, or other amenities or alterations necessarily associated with the project.
[
1993 c 439 s 1
.]
RCW 35.21.475
Statement of restrictions applicable to real property.
(1) A property owner may make a written request for a statement of restrictions applicable to a single parcel, tract, lot, or block of real property to the city or town in which the real property is located.
(2) Within thirty days of the receipt of the request, the city or town shall provide the owner with a statement of restrictions as described in subsection (3) of this section.
(3) The statement of restrictions shall include the following:
(a) The zoning currently applicable to the real property;
(b) Pending zoning changes currently advertised for public hearing that would be applicable to the real property; and
(c) Any designations made by the city or town pursuant to chapter
36.70A
RCW of any portion of the real property as agricultural land, forestland, mineral resource land, wetland, an area with a critical recharging effect on aquifers used for potable water, a fish and wildlife habitat conservation area, a frequently flooded area, and as a geological hazardous area.
(4) If a city or town fails to provide the statement of restrictions within thirty days after receipt of the written request, the owner shall be awarded recovery of all attorneys' fees and costs incurred in any successful application for a writ of mandamus to compel production of a statement.
(5) For purposes of this section:
(a) "Owner" means any vested owner or any person holding the buyer's interest under a recorded real estate contract in which the seller is the vested owner; and
(b) "Real property" means a parcel, tract, lot or block: (i) Containing a single-family residence that is occupied by the owner or a member of his or her family, or rented to another by the owner; or (ii) five acres or less in size.
(6) This section does not affect the vesting of permits or development rights.
Nothing in this section shall be deemed to create any liability on the part of a city or town to pay damages for a violation of this section.
[
1996 c 206 s 6
.]
NOTES:
Effective date
—
1996 c 206 ss 6-8
:  "Sections 6 through 8 of this act take effect January 1, 1997." [
1996 c 206 s 13
.]
Findings
—
1996 c 206:
See note following RCW 43.05.030
.
RCW 35.21.500
Compilation, codification, revision of city or town ordinances
—
Scope of codification.
"Codification" means the editing, rearrangement and/or grouping of ordinances under appropriate titles, parts, chapters and sections and includes but is not limited to the following:
(1) Editing ordinances to the extent deemed necessary or desirable, for the purpose of modernizing and clarifying the language of such ordinances, but without changing the meaning of any such ordinance.
(2) Substituting for the term "this ordinance," where necessary the term "section," "part," "code," "chapter," "title," or reference to specific section or chapter numbers, as the case may require.
(3) Correcting manifest errors in reference to other ordinances, laws and statutes, and manifest spelling, clerical or typographical errors, additions, or omissions.
(4) Dividing long sections into two or more sections and rearranging the order of sections to insure a logical arrangement of subject matter.
(5) Changing the wording of section captions, if any, and providing captions to new chapters and sections.
(6) Striking provisions manifestly obsolete and eliminating conflicts and inconsistencies so as to give effect to the legislative intent.
[
1965 c 7 s 35.21.500
. Prior:
1957 c 97 s 1
.]
RCW 35.21.510
Compilation, codification, revision of city or town ordinances
—
Authorized.
Any city or town may prepare or cause to be prepared a codification of its ordinances.
[
1965 c 7 s 35.21.510
. Prior:
1957 c 97 s 2
.]
RCW 35.21.520
Compilation, codification, revision of city or town ordinances
—
Adoption as official code of city.
Any city or town having heretofore prepared or caused to be prepared, or now preparing or causing to be prepared, or that hereafter prepares or causes to be prepared, a codification of its ordinances may adopt such codification by enacting an ordinance adopting such codification as the official code of the city, provided the procedure and requirements of RCW 35.21.500
through
35.21.570
are complied with.
[
1965 c 7 s 35.21.520
. Prior:
1957 c 97 s 3
.]
RCW 35.21.530
Compilation, codification, revision of city or town ordinances
—
Filing
—
Notice of hearing.
When a city or town codifies its ordinances, it shall file a typewritten or printed copy of the codification in the office of the city or town clerk. After the first reading of the title of the adopting ordinance and of the title of the code to be adopted thereby, the legislative body of the city or town shall schedule a public hearing thereon. Notice of the hearing shall be published once not more than fifteen nor less than ten days prior to the hearing in the official newspaper of the city, indicating that its ordinances have been compiled, or codified and that a copy of such compilation or codification is on file in the city or town clerk's office for inspection. The notice shall state the time and place of the hearing.
[
1985 c 469 s 21
;
1965 c 7 s 35.21.530
. Prior:
1957 c 97 s 4
.]
RCW 35.21.540
Compilation, codification, revision of city or town ordinances
—
Legislative body may amend, adopt, or reject adopting ordinance
—
When official code.
After the hearing, the legislative body may amend, adopt, or reject the adopting ordinance in the same manner in which it is empowered to act in the case of other ordinances. Upon the enactment of such adopting ordinance, the codification shall be the official code of ordinances of the city or town.
[
1965 c 7 s 35.21.540
. Prior:
1957 c 97 s 5
.]
RCW 35.21.550
Compilation, codification, revision of city or town ordinances
—
Copies as proof of ordinances.
Copies of such codes in published form shall be received without further proof as the ordinances of permanent and general effect of the city or town in all courts and administrative tribunals of this state.
[
1965 c 7 s 35.21.550
. Prior:
1957 c 97 s 6
.]
NOTES:
Ordinances, admissibility as evidence: RCW 5.44.080
.
RCW 35.21.560
Compilation, codification, revision of city or town ordinances
—
Adoption of new material.
New material shall be adopted by the city or town legislative body as separate ordinances prior to the inclusion thereof in such codification: PROVIDED, That any ordinance amending the codification shall set forth in full the section or sections, or subsection or subsections of the codification being amended, as the case may be, and this shall constitute a sufficient compliance with any statutory or charter requirement that no ordinance or any section thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or amended section in full.
[
1965 c 7 s 35.21.560
. Prior:
1961 c 70 s 1
;
1957 c 97 s 7
.]
RCW 35.21.570
Compilation, codification, revision of city or town ordinances
—
Codification satisfies single subject, title, and amendment requirements of statute or charter.
When a city or town shall make a codification of its ordinances in accordance with RCW 35.21.500
through
35.21.570
that shall constitute a sufficient compliance with any statutory or charter requirements that no ordinance shall contain more than one subject which shall be clearly expressed in its title and that no ordinance or any section thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or amended section in full.
[
1965 c 7 s 35.21.570
. Prior:
1957 c 97 s 8
.]
RCW 35.21.590
Executory conditional sales contracts for purchase of property
—
Limit on indebtedness
—
Election, when.
See RCW 39.30.010
.
RCW 35.21.630
Youth agencies
—
Establishment authorized.
Any city, town, or county may establish a youth agency to investigate, advise and act on, within the powers of that municipality, problems relating to the youth of that community, including employment, educational, economic and recreational opportunities, juvenile delinquency and dependency, and other youth problems and activities as that municipality may determine. Any city, town, or county may contract with any other city, town, or county to jointly establish such a youth agency.
[
1965 ex.s. c 84 s 5
.]
RCW 35.21.635
Juvenile curfews.
(1) Any city or town has the authority to enact an ordinance, for the purpose of preserving the public safety or reducing acts of violence by or against juveniles that are occurring at such rates as to be beyond the capacity of the police to assure public safety, establishing times and conditions under which juveniles may be present on the public streets, in the public parks, or in any other public place during specified hours.
(2) The ordinance shall not contain any criminal sanctions for a violation of the ordinance.
[
1994 sp.s. c 7 s 502
.]
NOTES:
Finding
—
Intent
—
Severability
—
1994 sp.s. c 7:
See notes following RCW 43.70.540
.
RCW 35.21.640
Conferences to study regional and governmental problems, counties and cities may establish.
See RCW 36.64.080
.
RCW 35.21.650
Prepayment of taxes or assessments authorized.
All moneys, assessments and taxes belonging to or collected for the use of any city or town, including any amounts representing estimates for future assessments and taxes, may be deposited by any taxpayer prior to the due date thereof with the treasurer or other legal depository for the benefit of the funds to which they belong to be credited against any future tax or assessment that may be levied or become due from the taxpayer: PROVIDED, That the taxpayer may with the concurrence of the treasurer designate a particular fund of such city or town against which such prepayment of tax or assessment is made.
[
1967 ex.s. c 66 s 1
.]
RCW 35.21.660
Demonstration Cities and Metropolitan Development Act
—
Agreements with federal government
—
Scope of authority.
Notwithstanding any other provision of law, all cities shall have the power and authority to enter into agreements with the United States or any department or agency thereof, to carry out the purposes of the Demonstration Cities and Metropolitan Development Act of 1966 (PL 89-754; 80 Stat. 1255), and to plan, organize and administer programs provided for in such contracts. This power and authority shall include, but not be limited to, the power and authority to create public corporations, commissions and authorities to perform duties arising under and administer programs provided for in such contracts and to limit the liability of said public corporations, commissions, and authorities, in order to prevent recourse to such cities, their assets, or their credit.
[
1971 ex.s. c 177 s 5
;
1970 ex.s. c 77 s 1
.]
NOTES:
Establishment of public corporations to administer federal grants and programs: RCW 35.21.730
through
35.21.755
.
RCW 35.21.670
Demonstration Cities and Metropolitan Development Act
—
Powers and limitations of public corporations, commissions or authorities created.
Any public corporation, commission or authority created as provided in RCW 35.21.660, may be empowered to own and sell real and personal property; to contract with individuals, associations and corporations, and the state and the United States; to sue and be sued; to loan and borrow funds; to do anything a natural person may do; and to perform all manner and type of community services and activities in furtherance of an agreement by a city or by the public corporation, commission or authority with the United States to carry out the purposes of the Demonstration Cities and Metropolitan Development Act of 1966: PROVIDED, That
(1) All liabilities incurred by such public corporation, commission or authority shall be satisfied exclusively from the assets and credit of such public corporation, commission or authority; and no creditor or other person shall have any recourse to the assets, credit or services of the municipal corporation creating the same on account of any debts, obligations or liabilities of such public corporation, commission or authority;
(2) Such public corporation, commission or authority shall have no power of eminent domain nor any power to levy taxes or special assessments;
(3) The name, the organization, the purposes and scope of activities, the powers and duties of the officers, and the disposition of property upon dissolution of such public corporation, commission or authority shall be set forth in its charter of incorporation or organization, or in a general ordinance of the city or both.
[
1971 ex.s. c 177 s 7
.]
RCW 35.21.680
Participation in Economic Opportunity Act programs.
The legislative body of any city or town, is hereby authorized and empowered in its discretion by resolution or ordinance passed by a majority of the legislative body, to take whatever action it deems necessary to enable the city or town to participate in the programs set forth in the Economic Opportunity Act of 1964 (Public Law 88-452; 78 Stat. 508), as amended. Such participation may be engaged in as a sole city or town operation or in conjunction or cooperation with the state, any other city or town, county, or municipal corporation, or any private corporation qualified under said Economic Opportunity Act.
[
1971 ex.s. c 177 s 3
.]
RCW 35.21.682
City or town may not limit number of unrelated persons occupying a household or dwelling unit
—
Exceptions.
Except for occupant limits on group living arrangements regulated under state law or on short-term rentals as defined in RCW 64.37.010
and any lawful limits on occupant load per square foot or generally applicable health and safety provisions as established by applicable building code or city ordinance, a city or town may not regulate or limit the number of unrelated persons that may occupy a household or dwelling unit.
[
2021 c 306 s 5
.]
RCW 35.21.683
Transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing.
A city shall not prohibit transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed. Effective September 30, 2021, a city shall not prohibit indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed, except in such cities that have adopted an ordinance authorizing indoor emergency shelters and indoor emergency housing in a majority of zones within a one-mile proximity to transit. Reasonable occupancy, spacing, and intensity of use requirements may be imposed by ordinance on permanent supportive housing, transitional housing, indoor emergency housing, and indoor emergency shelters to protect public health and safety. Any such requirements on occupancy, spacing, and intensity of use may not prevent the siting of a sufficient number of permanent supportive housing, transitional housing, indoor emergency housing, or indoor emergency shelters necessary to accommodate each city's projected need for such housing and shelter under RCW 36.70A.070
(2)(a)(ii).
[
2021 c 254 s 4
.]
RCW 35.21.684
Authority to regulate placement or use of homes
—
Regulation of manufactured homes
—
Issuance of permits
—
Restrictions on location of manufactured/mobile homes and entry or removal of recreational vehicles used as primary residences.
(1) A city or town may not adopt an ordinance that has the effect, directly or indirectly, of discriminating against consumers' choices in the placement or use of a home in such a manner that is not equally applicable to all homes. Homes built to 42 U.S.C. Sec. 5401-5403 standards (as amended in 2000) must be regulated for the purposes of siting in the same manner as site built homes, factory built homes, or homes built to any other state construction or local design standard. However, except as provided in subsection (2) of this section, any city or town may require that:
(a) A manufactured home be a new manufactured home;
(b) The manufactured home be set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load bearing or decorative;
(c) The manufactured home comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;
(d) The home is thermally equivalent to the state energy code; and
(e) The manufactured home otherwise meets all other requirements for a designated manufactured home as defined in RCW 35.63.160
.
A city with a population of one hundred thirty-five thousand or more may choose to designate its building official as the person responsible for issuing all permits, including department of labor and industries permits issued under chapter
43.22
RCW in accordance with an interlocal agreement under chapter
39.34
RCW, for alterations, remodeling, or expansion of manufactured housing located within the city limits under this section.
(2)(a) A city or town may not adopt an ordinance that has the effect, directly or indirectly, of restricting the location of manufactured/mobile homes in manufactured/mobile home communities that were legally in existence before June 12, 2008, based exclusively on the age or dimensions of the manufactured/mobile home.
(b) A city or town may not prohibit the siting of a manufactured/mobile home on an existing lot based solely on lack of compliance with existing separation and setback requirements that regulate the distance between homes.
(c) A city or town is not precluded by (a) or (b) of this subsection from restricting the location of a manufactured/mobile home in manufactured/mobile home communities for any other reason including, but not limited to, failure to comply with fire, safety, or other local ordinances or state laws related to manufactured/mobile homes.
(3) Except as provided under subsection (4) of this section, a city or town may not adopt an ordinance that has the effect, directly or indirectly, of preventing the entry or requiring the removal of a recreational vehicle or tiny house with wheels as defined in RCW 35.21.686
used as a primary residence in manufactured/mobile home communities.
(4) Subsection (3) of this section does not apply to any local ordinance or state law that:
(a) Imposes fire, safety, or other regulations related to recreational vehicles;
(b) Requires utility hookups in manufactured/mobile home communities to meet state or federal building code standards for manufactured/mobile home communities; or
(c) Includes both of the following provisions:
(i) A recreational vehicle or tiny house with wheels as defined in RCW 35.21.686
must contain at least one internal toilet and at least one internal shower; and
(ii) If the requirement in (c)(i) of this subsection is not met, a manufactured/mobile home community must provide toilets and showers.
(5) For the purposes of this section, "manufactured/mobile home community" has the same meaning as in RCW 59.20.030
.
(6) This section does not override any legally recorded covenants or deed restrictions of record.
(7) This section does not affect the authority granted under chapter
43.22
RCW.
[
2019 c 390 s 14
;
2019 c 352 s 3
;
2009 c 79 s 1
;
2008 c 117 s 1
;
2004 c 256 s 2
.]
NOTES:
Reviser's note:
This section was amended by 2019 c 352 s 3 and by 2019 c 390 s 14, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
Finding
—
Intent
—
2019 c 390:
See note following RCW 59.21.005
.
Tax preference performance statement and expiration
—
2019 c 390:
See note following RCW 84.36.560
.
Finding
—
2019 c 352:
See note following RCW 58.17.040
.
Findings
—
Intent
—
2004 c 256:
"The legislature finds that: Congress has preempted the regulation by the states of manufactured housing construction standards through adoption of construction standards for manufactured housing (42 U.S.C. Sec. 5401-5403); and this federal regulation is equivalent to the state's uniform building code. The legislature also finds that congress has declared that: (1) Manufactured housing plays a vital role in meeting the housing needs of the nation; and (2) manufactured homes provide a significant resource for affordable homeownership and rental housing accessible to all Americans (42 U.S.C. Sec. 5401-5403). The legislature intends to protect the consumers' rights to choose among a number of housing construction alternatives without restraint of trade or discrimination by local governments." [
2004 c 256 s 1
.]
Effective date
—
2004 c 256:
"This act takes effect July 1, 2005." [
2004 c 256 s 6
.]
RCW 35.21.685
Low-income housing
—
Loans and grants.
A city or town may assist in the development or preservation of publicly or privately owned housing for persons of low income by providing loans or grants of general municipal funds to the owners or developers of the housing. The loans or grants shall be authorized by the legislative authority of the city or town. They may be made to finance all or a portion of the cost of construction, reconstruction, acquisition, or rehabilitation of housing that will be occupied by a person or family of low income. As used in this section, "low income" means income that does not exceed eighty percent of the median income for the standard metropolitan statistical area in which the city or town is located. Housing constructed with loans or grants made under this section shall not be considered public works or improvements subject to competitive bidding or a purchase of services subject to the prohibition against advance payment for services: PROVIDED, That whenever feasible the borrower or grantee shall make every reasonable and practicable effort to utilize a competitive public bidding process.
[
1986 c 248 s 1
.]
RCW 35.21.686
Tiny house communities.
(1) A city or town may adopt an ordinance to regulate the creation of tiny house communities.
(2) The owner of the land upon which the community is built shall make reasonable accommodation for utility hookups for the provision of water, power, and sewerage services and comply with all other duties in chapter
59.20
RCW.
(3) Tenants of tiny house communities are entitled to all rights and subject to all duties and penalties required under chapter
59.20
RCW.
(4) For purposes of this section:
(a) "Tiny house" and "tiny house with wheels" means a dwelling to be used as permanent housing with permanent provisions for living, sleeping, eating, cooking, and sanitation built in accordance with the state building code.
(b) "Tiny house communities" means real property rented or held out for rent to others for the placement of tiny houses with wheels or tiny houses utilizing the binding site plan process in RCW 58.17.035
.
[
2019 c 352 s 5
.]
NOTES:
Finding
—
2019 c 352:
See note following RCW 58.17.040
.
RCW 35.21.688
Family day-care provider's home facility
—
City or town may not prohibit in residential or commercial area
—
Conditions.
(1) Except as provided in subsections (2) and (3) of this section, no city or town may enact, enforce, or maintain an ordinance, development regulation, zoning regulation, or official control, policy, or administrative practice that prohibits the use of a residential dwelling, located in an area zoned for residential or commercial use, as a family day-care provider's facility serving twelve or fewer children.
(2) A city or town may require that the facility: (a) Comply with all building, fire, safety, health code, and business licensing requirements; (b) conform to lot size, building size, setbacks, and lot coverage standards applicable to the zoning district except if the structure is a legal nonconforming structure; (c) is certified by the department of children, youth, and families licensor as providing a safe passenger loading area; (d) include signage, if any, that conforms to applicable regulations; and (e) limit hours of operations to facilitate neighborhood compatibility, while also providing appropriate opportunity for persons who use family day-care who work a nonstandard work shift.
(3) A city or town may also require that the family day-care provider, before state licensing, require proof of written notification by the provider that the immediately adjoining property owners have been informed of the intent to locate and maintain such a facility. If a dispute arises between neighbors and the day-care provider over licensing requirements, the licensor may provide a forum to resolve the dispute.
(4) This section may not be construed to prohibit a city or town from imposing zoning conditions on the establishment and maintenance of a family day-care provider's home serving twelve or fewer children in an area zoned for residential or commercial use, if the conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the establishment of such facilities is not precluded. As used in this section, "family day-care provider" is as defined in RCW 43.216.010
.
[
2018 c 58 s 26
;
2007 c 17 s 9
;
2003 c 286 s 1
.]
NOTES:
Effective date
—
2018 c 58:
See note following RCW 28A.655.080
.
RCW 35.21.689
Permanent supportive housing
—
City may not prohibit where multifamily housing is permitted.
A city may not prohibit permanent supportive housing in areas where multifamily housing is permitted.
[
2019 c 348 s 9
.]
RCW 35.21.690
Authority to regulate auctioneers
—
Limitations.
A city or town shall not license auctioneers that are licensed by the state under chapter
18.11
RCW other than by requiring an auctioneer to obtain a general city or town business license and by subjecting an auctioneer to a city or town business and occupation tax. A city or town shall not require auctioneers that are licensed by the state under chapter
18.11
RCW to obtain bonding in addition to the bonding required by the state.
[
1984 c 189 s 2
.]
RCW 35.21.692
Authority to regulate massage therapists
—
Limitations.
(1) A state licensed massage therapist seeking a city or town license to operate a massage business must provide verification of his or her state massage license as provided for in RCW 18.108.030
.
(2) The city or town may charge a licensing or operating fee, but the fee charged a state licensed massage therapist shall not exceed the licensing or operating fee imposed on similar health care providers, such as physical therapists or occupational therapists, operating within the same city or town.
(3) A state licensed massage therapist is not subject to additional licensing requirements not currently imposed on similar health care providers, such as physical therapists or occupational therapists.
[
2016 c 41 s 23
;
1991 c 182 s 1
.]
NOTES:
Effective date
—
2016 c 41:
See note following RCW 18.108.010
.
RCW 35.21.695
Authority to own and operate professional sports franchise.
(1) Any city, code city, or county, individually or collectively, may own and operate an existing professional sports franchise when the owners of such franchises announce their intention to sell or move a franchise.
(2) If a city, code city, or county purchases a professional sports franchise, a public corporation shall be created to manage and operate the franchise. The public corporation created under this section shall have all of the authorities granted by RCW 35.21.730
through
35.21.757
.
[
1987 c 32 s 2
.]
NOTES:
Legislative declaration
—
1987 c 32:
"The legislature hereby declares and finds that professional sports franchises are economic, cultural, and entertainment assets to the state and that unilateral actions by the owners of such franchises to move franchises to other locations result in a loss of direct and indirect employment and national visibility for the state. The legislature finds that the retention of professional sports franchises and the enabling authority created by RCW 35.21.695
are public purposes and that RCW 35.21.695
shall not be construed in any manner contrary to the provisions of Article VIII, section 7, of the Washington state Constitution." [
1987 c 32 s 1
.]
RCW 35.21.696
Newspaper carrier regulation.
A city or town, including a code city, may not license newspaper carriers under eighteen years of age for either regulatory or revenue-generating purposes.
[
1994 c 112 s 3
.]
RCW 35.21.698
Regulation of financial transactions
—
Limitations.
A city, town, or governmental entity subject to this title may not regulate the terms, conditions, or disclosures of any lawful financial transaction between a consumer and (1) a business or professional under the jurisdiction of the department of financial institutions, or (2) any financial institution as defined under *RCW 30.22.041
.
[
2005 c 338 s 2
.]
NOTES:
*Reviser's note:
RCW 30.22.041
was recodified as RCW 30A.22.041
pursuant to 2014 c 37 s 4, effective January 5, 2015.
Finding
—
Intent
—
2005 c 338:
"The legislature finds that consumers, financial services providers, and financial institutions need uniformity and certainty in their financial transactions. It is the intent of the legislature to reserve the authority to regulate customer financial transactions involving consumers, financial services providers, and financial institutions." [
2005 c 338 s 1
.]
RCW 35.21.700
Tourist promotion.
Any city or town in this state acting through its council or other legislative body shall have power to expend moneys and conduct promotion of resources and facilities in the city or town, or general area, by advertising, publicizing, or otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion.
[
1971 ex.s. c 61 s 2
.]
RCW 35.21.703
Economic development programs.
It shall be in the public purpose for all cities to engage in economic development programs. In addition, cities may contract with nonprofit corporations in furtherance of this and other acts relating to economic development.
[
1985 c 92 s 1
.]
RCW 35.21.706
Imposition or increase of business and occupation tax
—
Referendum procedure required
—
Exclusive procedure.
Every city and town first imposing a business and occupation tax or increasing the rate of the tax after April 22, 1983, shall provide for a referendum procedure to apply to an ordinance imposing the tax or increasing the rate of the tax. This referendum procedure shall specify that a referendum petition may be filed within seven days of passage of the ordinance with a filing officer, as identified in the ordinance. Within ten days, the filing officer shall confer with the petitioner concerning form and style of the petition, issue the petition an identification number, and secure an accurate, concise, and positive ballot title from the designated local official. The petitioner shall have thirty days in which to secure the signatures of not less than fifteen percent of the registered voters of the city, as of the last municipal general election, upon petition forms which contain the ballot title and the full text of the measure to be referred. The filing officer shall verify the sufficiency of the signatures on the petition and, if sufficient valid signatures are properly submitted, shall certify the referendum measure to the next election ballot within the city or at a special election ballot as provided pursuant to RCW 35.17.260
(2).
This referendum procedure shall be exclusive in all instances for any city ordinance imposing a business and occupation tax or increasing the rate of the tax and shall supersede the procedures provided under chapters
35.17
and
35A.11
RCW and all other statutory or charter provisions for initiative or referendum which might otherwise apply.
[
1983 c 99 s 6
.]
RCW 35.21.710
License fees or taxes on certain business activities
—
Uniform rate required
—
Maximum rate established.
Any city which imposes a license fee or tax upon business activities consisting of the making of retail sales of tangible personal property which are measured by gross receipts or gross income from such sales, shall impose such tax at a single uniform rate upon all such business activities. The taxing authority granted to cities for taxes upon business activities measured by gross receipts or gross income from sales shall not exceed a rate of .0020; except that any city with an adopted ordinance at a higher rate, as of January 1, 1982 shall be limited to a maximum increase of ten percent of the January 1982 rate, not to exceed an annual incremental increase of two percent of current rate: PROVIDED, That any adopted ordinance which classifies according to different types of business or services shall be subject to both the ten percent and the two percent annual incremental increase limitation on each tax rate: PROVIDED FURTHER, That all surtaxes on business and occupation classifications in effect as of January 1, 1982, shall expire no later than December 31, 1982, or by expiration date established by local ordinance. Cities which impose a license fee or tax upon business activities consisting of the making of retail sales of tangible personal property which are measured by gross receipts or gross income from such sales shall be required to submit an annual report to the state auditor identifying the rate established and the revenues received from each fee or tax. This section shall not apply to any business activities subject to the tax imposed by chapter
82.16
RCW. For purposes of this section, the providing to consumers of competitive telephone service, as defined in RCW 82.04.065, or the providing of payphone service, shall be subject to tax at the same rate as business activities consisting of the making of retail sales of tangible personal property. As used in this section, "payphone service" means making telephone service available to the public on a fee-per-call basis, independent of any other commercial transaction, for the purpose of making telephone calls, when the telephone can only be activated by inserting coins, calling collect, using a calling card or credit card, or dialing a toll-free number, and the provider of the service owns or leases the telephone equipment but does not own the telephone line providing the service to that equipment and has no affiliation with the owner of the telephone line.
[
2002 c 179 s 1
;
1983 2nd ex.s. c 3 s 33
;
1983 c 99 s 7
;
1982 1st ex.s. c 49 s 7
;
1981 c 144 s 6
;
1972 ex.s. c 134 s 6
.]
NOTES:
Effective date
—
2002 c 179:
"This act takes effect July 1, 2002." [
2002 c 179 s 5
.]
Construction
—
Severability
—
Effective dates
—
1983 2nd ex.s. c 3:
See notes following RCW 82.04.255
.
Intent
—
1982 1st ex.s. c 49:
"The legislature hereby recognizes the concern of local governmental entities regarding the financing of vital services to residents of this state. The legislature finds that local governments are an efficient and responsive means of providing these vital services to the citizens of this state. It is the intent of the legislature that vital services such as public safety, public health, and fire protection be recognized by all local governmental entities in this state as top priorities of the citizens of Washington." [
1982 1st ex.s. c 49 s 1
.]
Construction
—
1982 1st ex.s. c 49:
"Nothing in this act precludes the imposition of business and occupation taxes by cities and towns, or of sales and use taxes. However, nothing in this act authorizes the imposition of a business and occupation tax by any county." [
1982 1st ex.s. c 49 s 6
.]
Effective date
—
1982 1st ex.s. c 49:
"This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately, except section 5 of this act shall take effect July 1, 1982." [
1982 1st ex.s. c 49 s 25
.]
Fire district funding
—
1982 1st ex.s. c 49:
"County legislative authorities who levy optional taxes pursuant to this act shall fully consider funding for fire districts within their respective jurisdictions during the county budget process.
The local government committees of the legislature shall study fire district services and funding and shall report back to the Washington State Legislature by December 31, 1982." [
1982 1st ex.s. c 49 s 23
.]
Intent
—
Severability
—
Effective date
—
1981 c 144:
See notes following RCW 82.16.010
.
License fees and taxes on financial institutions: Chapter
82.14A
RCW.
RCW 35.21.711
License fees or taxes on certain business activities
—
Excess rates authorized by voters.
The qualified voters of any city or town may by majority vote approve rates in excess of the provisions of RCW 35.21.710
.
[
1982 1st ex.s. c 49 s 8
.]
NOTES:
Intent
—
Construction
—
Effective date
—
Fire district funding
—
1982 1st ex.s. c 49:
See notes following RCW 35.21.710
.
RCW 35.21.712
License fees or taxes on telephone business to be at uniform rate.
Any city which imposes a license fee or tax upon the business activity of engaging in the telephone business, as defined in RCW 82.16.010, which is measured by gross receipts or gross income from the business shall impose the tax at a uniform rate on all persons engaged in the telephone business in the city.
This section does not apply to the providing of competitive telephone service as defined in RCW 82.04.065
or to the providing of payphone service as defined in RCW 35.21.710
.
[
2007 c 6 s 1016
;
2002 c 179 s 2
;
1983 2nd ex.s. c 3 s 35
;
1981 c 144 s 8
.]
NOTES:
Part headings not law
—
Savings
—
Effective date
—
Severability
—
2007 c 6:
See notes following RCW 82.32.020
.
Findings
—
Intent
—
2007 c 6:
See note following RCW 82.14.390
.
Effective date
—
2002 c 179:
See note following RCW 35.21.710
.
Construction
—
Severability
—
Effective dates
—
1983 2nd ex.s. c 3:
See notes following RCW 82.04.255
.
Intent
—
Severability
—
Effective date
—
1981 c 144:
See notes following RCW 82.16.010
.
RCW 35.21.714
License fees or taxes on telephone business
—
Imposition on certain gross revenues authorized
—
Limitations.
(1) Any city which imposes a license fee or tax upon the business activity of engaging in the telephone business which is measured by gross receipts or gross income may impose the fee or tax, if it desires, on one hundred percent of the total gross revenue derived from intrastate toll telephone services subject to the fee or tax: PROVIDED, That the city shall not impose the fee or tax on that portion of network telephone service which represents charges to another telecommunications company, as defined in RCW 80.04.010, for connecting fees, switching charges, or carrier access charges relating to intrastate toll telephone services, or for access to, or charges for, interstate services, or charges for network telephone service that is purchased for the purpose of resale, or charges for mobile telecommunications services provided to customers whose place of primary use is not within the city.
(2) Any city that imposes a license tax or fee under subsection (1) of this section has the authority, rights, and obligations of a taxing jurisdiction as provided in RCW 82.32.490
through
82.32.510
.
(3) The definitions in RCW 82.04.065
and
82.16.010
apply to this section.
[
2007 c 6 s 1018
;
2007 c 6 s 1017
;
2002 c 67 s 9
;
1989 c 103 s 1
;
1986 c 70 s 1
;
1983 2nd ex.s. c 3 s 37
;
1981 c 144 s 10
.]
NOTES:
Contingent effective date
—
2007 c 6 ss 1003, 1006, 1014, and 1018:
See note following RCW 82.04.065
.
Part headings not law
—
Savings
—
Effective date
—
Severability
—
2007 c 6:
See notes following RCW 82.32.020
.
Findings
—
Intent
—
2007 c 6:
See note following RCW 82.14.390
.
Finding
—
Effective date
—
2002 c 67:
See notes following RCW 82.04.530
.
Severability
—
1989 c 103:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1989 c 103 s 5
.]
Effective date
—
1986 c 70 ss 1, 2, 4, and 5:
"Sections 1, 2, 4, and 5 of this act shall take effect on January 1, 1987." [
1986 c 70 s 8
.]
Construction
—
Severability
—
Effective dates
—
1983 2nd ex.s. c 3:
See notes following RCW 82.04.255
.
Intent
—
Severability
—
Effective date
—
1981 c 144:
See notes following RCW 82.16.010
.
RCW 35.21.715
Taxes on network telephone services.
Notwithstanding RCW 35.21.714
or
35A.82.060, any city or town which imposes a tax upon business activities measured by gross receipts or gross income from sales, may impose such tax on that portion of network telephone service, as defined in RCW 82.16.010, which represents charges to another telecommunications company, as defined in RCW 80.04.010, for connecting fees, switching charges, or carrier access charges relating to intrastate toll services, or charges for network telephone service that is purchased for the purpose of resale. Such tax shall be levied at the same rate as is applicable to other competitive telephone service as defined in RCW 82.04.065
.
[
2007 c 6 s 1019
;
1989 c 103 s 2
;
1986 c 70 s 2
.]
NOTES:
Part headings not law
—
Savings
—
Effective date
—
Severability
—
2007 c 6:
See notes following RCW 82.32.020
.
Findings
—
Intent
—
2007 c 6:
See note following RCW 82.14.390
.
Severability
—
1989 c 103:
See note following RCW 35.21.714
.
Effective date
—
1986 c 70 ss 1, 2, 4, and 5:
See note following RCW 35.21.714
.
RCW 35.21.717
Taxation of internet access
—
Moratorium.
A city or town may tax internet access providers under generally applicable business taxes or fees, at a rate not to exceed the rate applied to a general service classification. For the purposes of this section, "internet access" has the same meaning as in RCW 82.04.297
.
[
2009 c 535 s 1101
;
2004 c 154 s 1
;
2002 c 181 s 1
;
1999 c 307 s 1
;
1997 c 304 s 2
.]
NOTES:
Intent
—
Construction
—
2009 c 535:
See notes following RCW 82.04.192
.
Findings
—
1997 c 304:
"The legislature finds that the newly emerging business of providing internet service is providing widespread benefits to all levels of society. The legislature further finds that this business is important to our state's continued growth in the high-technology sector of the economy and that, as this industry emerges, it should not be burdened by new taxes that might not be appropriate for the type of service being provided. The legislature further finds that there is no clear statutory guidance as to how internet services should be classified for tax purposes and intends to ratify the state's current treatment of such services." [
1997 c 304 s 1
.]
Severability
—
1997 c 304:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1997 c 304 s 6
.]
Effective date
—
1997 c 304:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 9, 1997]." [
1997 c 304 s 7
.]
RCW 35.21.718
State route No. 16
—
Tax on operation prohibited.
A city or town may not impose a tax on amounts received from operating state route number 16 corridor transportation systems and facilities constructed and operated under chapter
47.46
RCW.
[
1998 c 179 s 2
.]
NOTES:
Finding
—
1998 c 179:
"The legislature finds and declares that the people of the state may not enjoy the full benefits of public-private initiative for state route number 16 corridor improvements due to the many taxes that may apply to this project. Generally these taxes would not apply if the state built these projects through traditional financing and construction methods. These tax exemptions will reduce the cost of the project, allow lower tolls, and reduce the time for which tolls are charged." [
1998 c 179 s 1
.]
RCW 35.21.720
City contracts to obtain sheriff's office law enforcement services.
See RCW 41.14.250
through
41.14.280
.
RCW 35.21.730
Public corporations
—
Powers of cities, towns, and counties
—
Administration.
In order to improve the administration of authorized federal grants or programs, to improve governmental efficiency and services, or to improve the general living conditions in the urban areas of the state, any city, town, or county may by lawfully adopted ordinance or resolution:
(1) Transfer to any public corporation, commission, or authority created under this section, with or without consideration, any funds, real or personal property, property interests, or services;
(2) Organize and participate in joint operations or cooperative organizations funded by the federal government when acting solely as coordinators or agents of the federal government;
(3) Continue federally-assisted programs, projects, and activities after expiration of contractual term or after expending allocated federal funds as deemed appropriate to fulfill contracts made in connection with such agreements or as may be proper to permit an orderly readjustment by participating corporations, associations, or individuals;
(4) Enter into contracts with public corporations, commissions, and authorities for the purpose of exercising any powers of a community renewal agency under chapter
35.81
RCW; and
(5) Create public corporations, commissions, and authorities to: Administer and execute federal grants or programs; receive and administer private funds, goods, or services for any lawful public purpose; and perform any lawful public purpose or public function. The ordinance or resolution shall limit the liability of such public corporations, commissions, and authorities to the assets and properties of such public corporation, commission, or authority in order to prevent recourse to such cities, towns, or counties or their assets or credit.
[
2002 c 218 s 23
;
1985 c 332 s 1
;
1974 ex.s. c 37 s 2
.]
NOTES:
Severability
—
Savings
—
Construction
—
2002 c 218:
See notes following RCW 35.81.005
.
RCW 35.21.735
Public corporations
—
Declaration of public purpose
—
Power and authority to enter into agreements, receive and expend funds
—
Security
—
Special funds
—
Agreements to implement federal new markets tax credit program.
(1) The legislature hereby declares that carrying out the purposes of federal grants or programs is both a public purpose and an appropriate function for a city, town, county, or public corporation. The provisions of RCW 35.21.730
through
35.21.755
and
35.21.660
and
35.21.670
and the enabling authority herein conferred to implement these provisions shall be construed to accomplish the purposes of RCW 35.21.730
through
35.21.755
.
(2) All cities, towns, counties, and public corporations shall have the power and authority to enter into agreements with the United States or any agency or department thereof, or any agency of the state government or its political subdivisions, and pursuant to such agreements may receive and expend, or cause to be received and expended by a custodian or trustee, federal or private funds for any lawful public purpose. Pursuant to any such agreement, a city, town, county, or public corporation may issue bonds, notes, or other evidences of indebtedness that are guaranteed or otherwise secured by funds or other instruments provided by or through the federal government or by the federal government or an agency or instrumentality thereof under section 108 of the housing and community development act of 1974 (42 U.S.C. Sec. 5308), as amended, or its successor, and may agree to repay and reimburse for any liability thereon any guarantor of any such bonds, notes, or other evidences of indebtedness issued by such jurisdiction or public corporation, or issued by any other public entity. For purposes of this subsection, federal housing mortgage insurance shall not constitute a federal guarantee or security.
(3) A city, town, county, or public corporation may pledge, as security for any such bonds, notes, or other evidences of indebtedness or for its obligations to repay or reimburse any guarantor thereof, its right, title, and interest in and to any or all of the following: (a) Any federal grants or payments received or that may be received in the future; (b) any of the following that may be obtained directly or indirectly from the use of any federal or private funds received as authorized in this section: (i) Property and interests therein, and (ii) revenues; (c) any payments received or owing from any person resulting from the lending of any federal or private funds received as authorized in this section; (d) any proceeds under (a), (b), or (c) of this subsection and any securities or investments in which (a), (b), or (c) of this subsection or proceeds thereof may be invested; (e) any interest or other earnings on (a), (b), (c), or (d) of this subsection.
(4) A city, town, county, or public corporation may establish one or more special funds relating to any or all of the sources listed in subsection (3)(a) through (e) of this section and pay or cause to be paid from such fund the principal, interest, premium if any, and other amounts payable on any bonds, notes, or other evidences of indebtedness authorized under this section, and pay or cause to be paid any amounts owing on any obligations for repayment or reimbursement of guarantors of any such bonds, notes, or other evidences of indebtedness. A city, town, county, or public corporation may contract with a financial institution either to act as trustee or custodian to receive, administer, and expend any federal or private funds, or to collect, administer, and make payments from any special fund as authorized under this section, or both, and to perform other duties and functions in connection with the transactions authorized under this section. If the bonds, notes, or other evidences of indebtedness and related agreements comply with subsection (6) of this section, then any such funds held by any such trustee or custodian, or by a public corporation, shall not constitute public moneys or funds of any city, town, or county and at all times shall be kept segregated and set apart from other funds.
(5) For purposes of this section, "lawful public purpose" includes, without limitation, any use of funds, including loans thereof to public or private parties, authorized by the agreements with the United States or any department or agency thereof under which federal or private funds are obtained, or authorized under the federal laws and regulations pertinent to such agreements.
(6) If any such federal or private funds are loaned or granted to any private party or used to guarantee any obligations of any private party, then any bonds, notes, other evidences of indebtedness issued or entered into for the purpose of receiving or causing the receipt of such federal or private funds, and any agreements to repay or reimburse guarantors, shall not be obligations of any city, town, or county and shall be payable only from a special fund as authorized in this section or from any of the security pledged pursuant to the authority of this section, or both. Any bonds, notes, or other evidences of indebtedness to which this subsection applies shall contain a recital to the effect that they are not obligations of the city, town, or county or the state of Washington and that neither the faith and credit nor the taxing power of the state or any municipal corporation or subdivision of the state or any agency of any of the foregoing, is pledged to the payment of principal, interest, or premium, if any, thereon. Any bonds, notes, other evidences of indebtedness, or other obligations to which this subsection applies shall not be included in any computation for purposes of limitations on indebtedness. To the extent expressly agreed in writing by a city, town, county, or public corporation, this subsection shall not apply to bonds, notes, or other evidences of indebtedness issued for, or obligations incurred for, the necessary support of the poor and infirm by that city, town, county, or public corporation.
(7) Any bonds, notes, or other evidences of indebtedness issued by, or reimbursement obligations incurred by, a city, town, county, or public corporation consistent with the provisions of this section but prior to May 3, 1995, and any loans or pledges made by a city, town, or county in connection therewith substantially consistent with the provisions of this section but prior to May 3, 1995, are deemed authorized and shall not be held void, voidable, or invalid due to any lack of authority under the laws of this state.
(8) All cities, towns, counties, public corporations, and port districts may create partnerships and limited liability companies and enter into agreements with public or private entities, including partnership agreements and limited liability company agreements, to implement within their boundaries the federal new markets tax credit program established by the community renewal tax relief act of 2000 (26 U.S.C. Sec. 45D) or its successor statute.
[
2007 c 230 s 2
;
1995 c 212 s 2
;
1985 c 332 s 3
;
1974 ex.s. c 37 s 3
.]
NOTES:
Purpose
—
2007 c 230:
"The purpose of this act is to assist community and economic development by clarifying how cities, towns, counties, public corporations, and port districts may fully participate in the federal new markets tax credit program." [
2007 c 230 s 1
.]
Construction
—
2007 c 230:
"The authority granted by this act is additional and supplemental to any other authority of any city, town, county, public corporation, or port district. This act may not be construed to imply that any of the power or authority granted in this act was not available to any city, town, county, public corporation, or port district under prior law. Any previous actions consistent with this act are ratified and confirmed." [
2007 c 230 s 3
.]
Severability
—
2007 c 230:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
2007 c 230 s 4
.]
Purpose
—
1995 c 212:
"The purpose of this act is to assist community and economic development by clarifying the authority of all cities, towns, counties, and public corporations to engage in federally guaranteed "conduit financings" and to specify procedures that may be used for such conduit financings. Generally, in such a conduit financing a municipality borrows funds from the federal government or from private sources with the help of federal guarantees, without pledging the credit or tax revenues of the municipality, and then lends the proceeds for private projects that both fulfill public purposes, such as community and economic development, and provide the revenues to retire the municipal borrowings. Such conduit financings include issuance by municipalities of federally guaranteed notes under section 108 of the housing and community development act of 1974, as amended, to finance projects eligible under federal community development block grant regulations." [
1995 c 212 s 1
.]
Severability
—
1995 c 212:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1995 c 212 s 3
.]
Construction
—
1995 c 212:
"The authority granted by this act is additional and supplemental to any other authority of any city, town, county, or public corporation. Nothing in this act may be construed to imply that any of the power or authority granted hereby was not available to any city, town, county, or public corporation under prior law. Any previous actions consistent with the provisions of this act are ratified and confirmed." [
1995 c 212 s 4
.]
Effective date
—
1995 c 212:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 3, 1995]." [
1995 c 212 s 5
.]
RCW 35.21.740
Public corporations
—
Exercise of powers, authorities, or rights
—
Territorial jurisdiction.
Powers, authorities, or rights expressly or impliedly granted to any city, town, or county or their agents under any provision of RCW 35.21.730
through
35.21.755
shall not be operable or applicable, or have any effect beyond the limits of the incorporated area of any city or town implementing RCW 35.21.730
through
35.21.755, unless so provided by contract between the city and another city or county.
[
1985 c 332 s 4
;
1974 ex.s. c 37 s 4
.]
RCW 35.21.745
Public corporations
—
Provision for, control over
—
Powers.
(1) Any city, town, or county which shall create a public corporation, commission, or authority pursuant to RCW 35.21.730
or
35.21.660, shall provide for its organization and operations and shall control and oversee its operation and funds in order to correct any deficiency and to assure that the purposes of each program undertaken are reasonably accomplished.
(2) Any public corporation, commission, or authority created as provided in RCW 35.21.730
may be empowered to own and sell real and personal property; to contract with a city, town, or county to conduct community renewal activities under chapter
35.81
RCW; to contract with individuals, associations, and corporations, and the state and the United States; to sue and be sued; to loan and borrow funds and issue bonds and other instruments evidencing indebtedness; transfer any funds, real or personal property, property interests, or services; to do anything a natural person may do; and to perform all manner and type of community services. However, the public corporation, commission, or authority shall have no power of eminent domain nor any power to levy taxes or special assessments.
[
2002 c 218 s 24
;
1985 c 332 s 2
;
1974 ex.s. c 37 s 5
.]
NOTES:
Severability
—
Savings
—
Construction
—
2002 c 218:
See notes following RCW 35.81.005
.
RCW 35.21.747
Public corporations
—
Real property transferred by city, town, or county
—
Restrictions, notice, public meeting.
(1) In transferring real property to a public corporation, commission, or authority under RCW 35.21.730, the city, town, or county creating such public corporation, commission, or authority shall impose appropriate deed restrictions necessary to ensure the continued use of such property for the public purpose or purposes for which such property is transferred.
(2) The city, town, or county that creates a public corporation, commission, or authority under RCW 35.21.730
shall require of such public corporation, commission, or authority thirty days' advance written notice of any proposed sale or encumbrance of any real property transferred by such city, town, or county to such public corporation, commission, or authority pursuant to RCW 35.21.730
(1). At a minimum, such notice shall be provided by such public corporation, commission, or authority to the chief executive or administrative officer of such city, town, or county, and to all members of its legislative body, and to each local newspaper of general circulation, and to each local radio or television station or other news medium which has on file with such corporation, commission, or authority a written request to be notified.
(3) Any property transferred by the city, town, or county that created such public corporation, commission, or authority may be sold or encumbered by such public corporation, commission, or authority only after approval of such sale or encumbrance by the governing body of the public corporation, commission, or authority at a public meeting of which notice was provided pursuant to RCW 42.30.080
. Nothing in this section shall be construed to prevent the governing body of the public corporation, commission, or authority from holding an executive session during a regular or special meeting in accordance with RCW 42.30.110
(1)(c). In addition, the public corporation, commission, or authority shall advertise notice of the meeting in a local newspaper of general circulation at least twice no less than seven days and no more than two weeks before the public meeting.
[
1990 c 189 s 1
.]
RCW 35.21.750
Public corporations
—
Insolvency or dissolution.
In the event of the insolvency or dissolution of a public corporation, commission, or authority, the superior court of the county in which the public corporation, commission, or authority is or was operating shall have jurisdiction and authority to appoint trustees or receivers of corporate property and assets and supervise such trusteeship or receivership: PROVIDED, That all liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission, or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority.
[
1974 ex.s. c 37 s 6
.]
RCW 35.21.755
Public corporations
—
Exemption or immunity from taxation
—
In lieu excise tax.
(1) A public corporation, commission, or authority created pursuant to RCW 35.21.730, 35.21.660, or
81.112.320
shall receive the same immunity or exemption from taxation as that of the city, town, or county creating the same: PROVIDED, That, except for (a) any property within a special review district established by ordinance prior to January 1, 1976, or listed on or which is within a district listed on any federal or state register of historical sites or (b) any property owned, operated, or controlled by a public corporation that is used primarily for low-income housing, or that is used as a convention center, performing arts center, public assembly hall, public meeting place, public esplanade, street, public way, public open space, park, public utility corridor, or view corridor for the general public or (c) any blighted property owned, operated, or controlled by a public corporation that was acquired for the purpose of remediation and redevelopment of the property in accordance with an agreement or plan approved by the city, town, or county in which the property is located, or (d) any property owned, operated, or controlled by a public corporation created under RCW 81.112.320, any such public corporation, commission, or authority shall pay to the county treasurer an annual excise tax equal to the amounts which would be paid upon real property and personal property devoted to the purposes of such public corporation, commission, or authority were it in private ownership, and such real property and personal property is acquired and/or operated under RCW 35.21.730
through
35.21.755, and the proceeds of such excise tax shall be allocated by the county treasurer to the various taxing authorities in which such property is situated, in the same manner as though the property were in private ownership: PROVIDED FURTHER, That the provisions of chapter
82.29A
RCW shall not apply to property within a special review district established by ordinance prior to January 1, 1976, or listed on or which is within a district listed on any federal or state register of historical sites and which is controlled by a public corporation, commission, or authority created pursuant to RCW 35.21.730
or
35.21.660, which was in existence prior to January 1, 1987: AND PROVIDED FURTHER, That property within a special review district established by ordinance prior to January 1, 1976, or property which is listed on any federal or state register of historical sites and controlled by a public corporation, commission, or authority created pursuant to RCW 35.21.730
or
35.21.660, which was in existence prior to January 1, 1976, shall receive the same immunity or exemption from taxation as if such property had been within a district listed on any such federal or state register of historical sites as of January 1, 1976, and controlled by a public corporation, commission, or authority created pursuant to RCW 35.21.730
or
35.21.660
which was in existence prior to January 1, 1976.
(2) As used in this section:
(a) "Low-income" means a total annual income, adjusted for family size, not exceeding fifty percent of the area median income.
(b) "Area median income" means:
(i) For an area within a standard metropolitan statistical area, the area median income reported by the United States department of housing and urban development for that standard metropolitan statistical area; or
(ii) For an area not within a standard metropolitan statistical area, the county median income reported by the department of commerce.
(c) "Blighted property" means property that is contaminated with hazardous substances as defined under RCW 70A.305.020
.
[
2020 c 20 s 1011
;
2007 c 104 s 16
;
2000 2nd sp.s. c 4 s 29
;
1999 c 266 s 1
;
1995 c 399 s 38
;
1993 c 220 s 1
;
1990 c 131 s 1
;
1987 c 282 s 1
;
1985 c 332 s 5
;
1984 c 116 s 1
;
1979 ex.s. c 196 s 9
;
1977 ex.s. c 35 s 1
;
1974 ex.s. c 37 s 7
.]
NOTES:
Application
—
Construction
—
2007 c 104:
See RCW 64.70.015
.
Findings
—
Construction
—
2000 2nd sp.s. c 4 ss 18-30:
See notes following RCW 81.112.300
.
Effective date
—
1979 ex.s. c 196:
See note following RCW 82.04.240
.
Effective date
—
1977 ex.s. c 35:
"This 1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1977." [
1977 ex.s. c 35 s 2
.]
RCW 35.21.756
Tax exemption
—
Sales/leasebacks by regional transit authorities.
A city or town may not impose taxes on amounts received as lease payments paid by a seller/lessee to a lessor under a sale/leaseback agreement under RCW 81.112.300
in respect to tangible personal property used by the seller/lessee, or to the purchase amount paid by the lessee under an option to purchase at the end of the lease term.
[
2000 2nd sp.s. c 4 s 28
.]
NOTES:
Findings
—
Construction
—
2000 2nd sp.s. c 4 ss 18-30:
See notes following RCW 81.112.300
.
RCW 35.21.757
Public corporations
—
Statutes to be construed consistent with state Constitution.
Nothing in RCW 35.21.730
through
35.21.755
shall be construed in any manner contrary to the provisions of Article VIII, section 7, of the Washington state Constitution.
[
1985 c 332 s 6
.]
RCW 35.21.759
Public corporations, commissions, and authorities
—
Applicability of general laws.
(Effective until January 1, 2026.)
A public corporation, commission, or authority created under this chapter, and officers and multimember governing body thereof, are subject to general laws regulating local governments, multimember governing bodies, and local governmental officials, including, but not limited to, the requirement to be audited by the state auditor and various accounting requirements provided under chapter
43.09
RCW, the open public record requirements of chapter
42.56
RCW, the prohibition on using its facilities for campaign purposes under RCW 42.17A.555, the open public meetings law of chapter
42.30
RCW, the code of ethics for municipal officers under chapter
42.23
RCW, and the local government whistleblower law under chapter
42.41
RCW.
[
2011 c 60 s 16
;
2005 c 274 s 265
;
1999 c 246 s 1
.]
NOTES:
Effective date
—
2011 c 60:
See RCW 42.17A.919
.
PDF
RCW 35.21.759
Public corporations, commissions, and authorities
—
Applicability of general laws.
(Effective January 1, 2026.)
A public corporation, commission, or authority created under this chapter, and officers and multimember governing body thereof, are subject to general laws regulating local governments, multimember governing bodies, and local governmental officials, including, but not limited to, the requirement to be audited by the state auditor and various accounting requirements provided under chapter
43.09
RCW, the open public record requirements of chapter
42.56
RCW, the prohibition on using its facilities for campaign purposes under RCW 29B.45.010, the open public meetings law of chapter
42.30
RCW, the code of ethics for municipal officers under chapter
42.23
RCW, and the local government whistleblower law under chapter
42.41
RCW.
[
2024 c 164 s 510
;
2011 c 60 s 16
;
2005 c 274 s 265
;
1999 c 246 s 1
.]
NOTES:
Intent
—
Construction
—
Rules remain valid
—
Effective date
—
2024 c 164:
See notes following RCW 29B.10.010
.
Effective date
—
2011 c 60:
See note following RCW 29B.20.030
.