reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.120 - Utilities—Facilities for generation of electricity.

RCW 35A.21.120
Utilities—Facilities for generation of electricity.
Any code city owning and operating a public utility and having facilities and/or land for the generation of electricity shall be governed by the provisions of RCW 35.21.420 through 35.21.450.
[ 1967 ex.s. c 119 § 35A.21.120.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.125 - Locally regulated utilities—Attachments to poles.

RCW 35A.21.125
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 code 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 § 4.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.130 - Codification of ordinances.

RCW 35A.21.130
Codification of ordinances.
Compilation, codification, and revision of code city ordinances shall be as provided by and be governed by the provisions of RCW 35.21.500 through 35.21.570.
[ 1967 ex.s. c 119 § 35A.21.130.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.140 - Change of name.

RCW 35A.21.140
Change of name.
Any code city may change its name in accordance with the procedure provided in chapter 35.62 RCW.
[ 1967 ex.s. c 119 § 35A.21.140.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.150 - Sewerage and refuse collection and disposal systems.

RCW 35A.21.150
Sewerage and refuse collection and disposal systems.
The general law as contained in, but not limited to, chapter 35.67 RCW, relating to sewerage systems and the collection and disposal of refuse, the manner of providing therefor, and the issuance of general obligation or revenue bonds therefor, the establishment of a revenue bond fund in connection therewith, compulsory connection with a city sewer system, setting and collection of rates, fees, and charges therefor, and the existence, enforcement, and foreclosure of a lien for sewer services is hereby recognized as applicable to code cities operating systems of sewerage and systems and plants for refuse collection and disposal. A code city may exercise the powers, in the manner provided, perform the duties, and shall have the rights and obligations provided in chapter 35.67 RCW, subject to the conditions and limitations therein provided.
[ 1967 ex.s. c 119 § 35A.21.150.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.152 - Solid waste collection—Rate increase notice.

RCW 35A.21.152
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 § 1016; 1994 c 161 § 3.]
NOTES:
Findings—Declaration—1994 c 161: See note following RCW 35.21.157.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.153 - Solid waste collection curbside recycling—Reduced rate.

RCW 35A.21.153
Solid waste 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 § 1017; 1991 c 319 § 405.]
NOTES:
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.155 - Collection and transportation of recyclable materials by recycling companies or nonprofit entities—Reuse or reclamation—Application of chapter.

RCW 35A.21.155
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 § 35.]
NOTES:
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.160 - General application of laws to code cities.

RCW 35A.21.160
General application of laws to code cities.
A code city organized or reorganized under this title shall have all of the powers which any city of any class may have and shall be governed in matters of state concern by statutes applicable to such cities in connection with such powers to the extent to which such laws are appropriate and are not in conflict with the provisions specifically applicable to code cities.
[ 1967 ex.s. c 119 § 35A.21.160.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.161 - Regulation of activities and enforcement of penal laws.

RCW 35A.21.161
Regulation of activities and enforcement of penal laws.
All code cities shall observe and enforce, in addition to its local regulations, the provisions of state laws relating to the conduct, location and limitation on activities as regulated by state law and shall supply police information to the *section on identification of the state patrol as required by chapter 43.43 RCW.
[ 1983 c 3 § 59; 1967 ex.s. c 119 § 35A.21.161.]
NOTES:
*Reviser's note: The "section on identification" was renamed the "identification and criminal history section" by 2006 c 294 § 1.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.162 - Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility.

RCW 35A.21.162
Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility.
See chapter 80.58 RCW.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.164 - Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts.

RCW 35A.21.164
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.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.170 - Fiscal year.

RCW 35A.21.170
Fiscal year.
The fiscal year of a code city shall commence on the first day of January and end on the thirty-first day of December of each calendar year unless a different fiscal period is authorized by RCW 1.16.030, as amended.
[ 1967 ex.s. c 119 § 35A.21.170.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.180 - Flags to be displayed.

RCW 35A.21.180
Flags to be displayed.
The flag of the United States and the flag of the state shall be prominently installed and displayed and maintained in code city buildings and shall be as provided in RCW 1.20.010.
[ 1967 ex.s. c 119 § 35A.21.180.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.190 - Daylight saving time.

RCW 35A.21.190
Daylight saving time. (Contingent expiration date.)
No code city shall adopt any provision for the observance of daylight saving time other than as authorized by RCW 1.20.050 and 1.20.051.
[ 1967 ex.s. c 119 § 35A.21.190.]
No code city shall adopt any provision for the observance of daylight saving time other than as authorized by RCW 1.20.055.
[ 2019 c 297 § 3; 1967 ex.s. c 119 § 35A.21.190.]
NOTES:
Contingent effective date—2019 c 297: See note following RCW 1.20.055.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.195 - Actions by and against code cities.

RCW 35A.21.195
Actions by and against code cities.
A code city may exercise the power to bring an action or special proceeding at law as authorized by Title 4 RCW, chapters 7.24, 7.25, and 6.27 RCW, and shall be subject to actions and process of law in accordance with procedures prescribed by law and rules of court.
[ 1987 c 442 § 1117; 1983 c 3 § 58; 1967 ex.s. c 119 § 35A.20.150. Formerly RCW 35A.20.150.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.200 - Limitation of actions.

RCW 35A.21.200
Limitation of actions.
The limitations prescribed in chapter 4.16 RCW shall apply to actions brought in the name or for the benefit of, or against, a code city, except as otherwise provided by general law or by this title.
[ 1967 ex.s. c 119 § 35A.21.200.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.210 - Revision of corporate boundary within street, road, or highway right-of-way by substituting right-of-way line—Not subject to review.

RCW 35A.21.210
Revision of corporate boundary within street, road, or highway right-of-way by substituting right-of-way line—Not subject to review.
(1) The governing bodies of a county and any code city located therein may by agreement revise any part of the corporate boundary of the city which coincides with the centerline, edge, or any portion of a public street, road or highway right-of-way by substituting therefor a right-of-way line of the same public street, road or highway so as fully to include or fully to exclude that segment of the public street, road or highway from the corporate limits of the city.
(2) The revision of a corporate boundary as authorized by this section shall become effective when approved by ordinance of the city council and by ordinance or resolution of the county legislative authority. Such a boundary revision is not subject to potential review by a boundary review board.
[ 1989 c 84 § 11; 1975 1st ex.s. c 220 § 18.]
NOTES:
Legislative finding, intent—1975 1st ex.s. c 220: See note following RCW 35.02.170.
Boundary line adjustment: RCW 35.13.300 through 35.13.330.
Use of right-of-way line as corporate boundary in incorporation proceeding—When right-of-way may be included in territory to be incorporated: RCW 35.02.170.
When right-of-way may be included in territory to be annexed—Use of right-of-way line as corporate boundary in annexation: RCW 35A.14.410.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.220 - Insurance and workers' compensation for offenders performing community restitution.

RCW 35A.21.220
Insurance and workers' compensation for offenders performing community restitution.
The legislative authority of a code city may purchase liability insurance in an amount it deems reasonable to protect the code city, 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 § 31; 1984 c 24 § 2.]
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.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.230 - Designation of official newspaper.

RCW 35A.21.230
Designation of official newspaper.
Each code city shall designate an official newspaper by resolution. The newspaper shall be of general circulation in the city and have the qualifications prescribed by chapter 65.16 RCW.
[ 1985 c 469 § 102.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.240 - Right-of-way donations—Credit against required improvements.

RCW 35A.21.240
Right-of-way donations—Credit against required improvements.
Where the zoning and planning provisions of a city or town require landscaping, parking, or other improvements as a condition to granting permits for commercial or industrial developments, the city or town may credit donations of right-of-way in excess of that required for traffic improvement against such landscaping, parking, or other requirements.
[ 1987 c 267 § 8.]
NOTES:
Right-of-way donations: Chapter 47.14 RCW.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.245 - Facilities and rights-of-way—Requirements and restrictions—Application to code cities.

RCW 35A.21.245
Facilities and rights-of-way—Requirements and restrictions—Application to code cities.
Each code city is subject to the requirements and restrictions regarding facilities and rights-of-way under *this chapter.
[ 2000 c 83 § 10.]
NOTES:
*Reviser's note: A reference to chapter 35.99 RCW was apparently intended.
"Facilities," "right-of-way" defined: RCW 35.99.010.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.250 - Building construction projects—Code city prohibited from requiring state agencies or local governments to provide bond or other security as a condition for issuance of permit.

RCW 35A.21.250
Building construction projects—Code city prohibited from requiring state agencies or local governments to provide bond or other security as a condition for issuance of permit.
A code city 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 § 2.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.260 - Amateur radio antennas—Local regulation to conform with federal law.

RCW 35A.21.260
Amateur radio antennas—Local regulation to conform with federal law.
No code city 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 code city 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 § 2.]
NOTES:
Effective date—1994 c 50: See note following RCW 35.21.315.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.270 - Assumption of substandard water system—Limited immunity from liability.

RCW 35A.21.270
Assumption of substandard water system—Limited immunity from liability.
A code city assuming responsibility for a water system that is not in compliance with state or federal requirements for public drinking water systems, and its agents and employees, are immune from lawsuits or causes of action, based on noncompliance with state or federal requirements for public drinking water systems, which predate the date of assuming responsibility and continue after the date of assuming responsibility, provided that the city has submitted and is complying with a plan and schedule of improvements approved by the department of health. This immunity shall expire on the earlier of the date the plan of improvements is completed or four years from the date of assuming responsibility. This immunity does not apply to intentional injuries, fraud, or bad faith.
[ 1994 c 292 § 6.]
NOTES:
Findings—Intent—1994 c 292: See note following RCW 57.04.050.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.275 - Regulation of automatic number or location identification—Prohibited.

RCW 35A.21.275
Regulation of automatic number or location identification—Prohibited.
No code city may enact or enforce an ordinance or regulation mandating automatic number identification or automatic location identification for a private telecommunications system or for a provider of private shared telecommunications services.
[ 1995 c 243 § 7.]
NOTES:
Findings—Severability—1995 c 243: See notes following RCW 80.36.555.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.280 - Statement of restrictions applicable to real property.

RCW 35A.21.280
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 code city in which the real property is located.
(2) Within thirty days of the receipt of the request, the code city shall provide the owner, by registered mail, 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;
(c) Any designations made by the code city 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; and
(d) If information regarding the designations listed in (c) of this subsection are not readily available, inform the owner of the procedure by which the owner can obtain that site-specific information from the code city.
(4) If a code city 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 code city.
[ 1996 c 206 § 7.]
NOTES:
Effective date—1996 c 206 §§ 6-8: See note following RCW 35.21.475.
Findings—1996 c 206: See note following RCW 43.05.030.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.290 - Fish enhancement project—Code city's liability.

RCW 35A.21.290
Fish enhancement project—Code city's liability.
A code city 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 § 11; 2003 c 39 § 16; 1998 c 249 § 10.]
NOTES:
Findings—Purpose—Report—Effective date—1998 c 249: See notes following RCW 77.55.181.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.305 - Permanent supportive housing—Code city may not prohibit where multifamily housing is permitted.

RCW 35A.21.305
Permanent supportive housing—Code city may not prohibit where multifamily housing is permitted.
A code city may not prohibit permanent supportive housing in areas where multifamily housing is permitted.
[ 2019 c 348 § 10.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.310 - Mobile home, manufactured home, or park model moving or installing—Copies of permits—Definitions.

RCW 35A.21.310
Mobile home, manufactured home, or park model moving or installing—Copies of permits—Definitions.
(1) A code city shall transmit a copy of any permit issued to a tenant or the tenant's agent for a mobile home, manufactured home, or park model installation in a mobile home park to the landlord.
(2) A code city shall transmit a copy of any permit issued to a person engaged in the business of moving or installing a mobile home, manufactured home, or park model in a mobile home park to the tenant and the landlord.
(3) As used in this section:
(a) "Landlord" has the same meaning as in RCW 59.20.030;
(b) "Mobile home park" has the same meaning as in RCW 59.20.030;
(c) "Mobile or manufactured home installation" has the same meaning as in *RCW 43.63B.010; and
(d) "Tenant" has the same meaning as in RCW 59.20.030.
[ 1999 c 359 § 19.]
NOTES:
*Reviser's note: RCW 43.63B.010 was recodified as RCW 43.22A.010 pursuant to 2007 c 432 § 13.
Effective date—1999 c 359: See RCW 59.20.901.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.314 - Code city may not limit number of unrelated persons occupying a household or dwelling unit—Exceptions.

RCW 35A.21.314
Code city 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 code city may not regulate or limit the number of unrelated persons that may occupy a household or dwelling unit.
[ 2021 c 306 § 6.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.320 - Abandoned or derelict vessels.

RCW 35A.21.320
Abandoned or derelict vessels.
A code city 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 code city.
[ 2002 c 286 § 16.]
NOTES:
Effective date—2002 c 286: See RCW 79.100.901.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.322 - Transfer of ownership of a code city-owned vessel—Review of vessel's physical condition.

RCW 35A.21.322
Transfer of ownership of a code city-owned vessel—Review of vessel's physical condition.
(1) Prior to transferring ownership of a code city-owned vessel, the code city 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 code city determines that 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 code city 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 35A.21.324.
[ 2013 c 291 § 17.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.324 - Transfer of ownership of a code city-owned vessel—Further requirements.

RCW 35A.21.324
Transfer of ownership of a code city-owned vessel—Further requirements.
(1) Following the inspection required under RCW 35A.21.322 and prior to transferring ownership of a code city-owned vessel, a code city 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 code city.
(2)(a) The code city 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 code city may transfer a vessel with:
(i) Those containers or materials described under (a) of this subsection where the transferee demonstrates to the code city'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 code city, based on factors including the vessel's size, condition, and anticipated use of the vessel, including initial destination following transfer.
(c) The code city 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 code city 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 § 1018; 2013 c 291 § 18.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.330 - Regulation of financial transactions—Limitations.

RCW 35A.21.330
Regulation of financial transactions—Limitations.
A code city 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 § 3.]
NOTES:
*Reviser's note: RCW 30.22.041 was recodified as RCW 30A.22.041 pursuant to 2014 c 37 § 4, effective January 5, 2015.
Finding—Intent—2005 c 338: See note following RCW 35.21.698.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.335 - Registration under or compliance with streamlined sales and use tax agreement—Prohibited requirement for businesses.

RCW 35A.21.335
Registration under or compliance with streamlined sales and use tax agreement—Prohibited requirement for businesses.
A code city may not require a business to be licensed based solely upon registration under or compliance with the streamlined sales and use tax agreement.
[ 2008 c 129 § 5.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.340 - Contractors—Authority of city to verify registration and report violations.

RCW 35A.21.340
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 § 37; 2011 c 298 § 23; 2009 c 432 § 3.]
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.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.350 - Community athletics programs—Sex discrimination prohibited.

RCW 35A.21.350
Community athletics programs—Sex discrimination prohibited.
The antidiscrimination provisions of RCW 49.60.500 apply to community athletics programs and facilities operated, conducted, or administered by a code city.
[ 2009 c 467 § 6.]
NOTES:
Findings—Declarations—2009 c 467: See note following RCW 49.60.500.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.355 - Comprehensive cancer care collaborative arrangements—Prohibition on regulation as state agency.

RCW 35A.21.355
Comprehensive cancer care collaborative arrangements—Prohibition on regulation as state agency.
No code city may enact, enforce, or maintain an ordinance, regulation, or rule that regulates or otherwise treats a comprehensive cancer center participating in a collaborative arrangement as defined in RCW 28B.10.930 that is operated in conformance with RCW 28B.10.930 as a state agency. Such a comprehensive cancer center is still subject to ordinances, regulations, and rules that are generally applicable in nature.
[ 2022 c 71 § 5.]
NOTES:
Findings—Intent—2022 c 71: See note following RCW 28B.10.930.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.370 - State and federal background checks of license applicants and licensees of occupations under local licensing authority.

RCW 35A.21.370
State and federal background checks of license applicants and licensees of occupations under local licensing authority.
(1) For the purpose of receiving criminal history record information by code city officials, code cities may:
(a) By ordinance, require a state and federal background investigation of license applicants or licensees in occupations specified by ordinance;
(b) By ordinance, require a federal background investigation of code city employees, applicants for employment, volunteers, vendors, and independent contractors, who, in the course of their work or volunteer activity with the code city, may have unsupervised access to children, persons with developmental disabilities, or vulnerable adults;
(c) Require a state criminal background investigation of code city employees, applicants for employment, volunteers, vendors, and independent contractors, who, in the course of their work or volunteer activity with the code city, may have unsupervised access to children, persons with developmental disabilities, or vulnerable adults; and
(d) Require a criminal background investigation conducted through a private organization of code city employees, applicants for employment, volunteers, vendors, and independent contractors, who, in the course of their work or volunteer activity with the code city, may have unsupervised access to children, persons with developmental disabilities, or vulnerable adults.
(2) The investigation conducted under subsection (1)(a) through (c) of this section shall consist of a background check as allowed through the Washington state criminal records privacy act under RCW 10.97.050, the Washington state patrol criminal identification system under RCW 43.43.832 through 43.43.834, and the federal bureau of investigation.
(3) The background checks conducted under subsection (1)(a) through (c) of this section must be done through the Washington state patrol identification and criminal history section and may include a national check from the federal bureau of investigation, which shall be through the submission of fingerprints. The Washington state patrol shall serve as the sole source for receipt of fingerprint submissions and the responses to the submissions from the federal bureau of investigation, which must be disseminated to the code city.
(4) For a criminal background check conducted under subsection (1)(a) through (c) of this section, the code city shall transmit appropriate fees for a state and national criminal history check to the Washington state patrol, unless alternately arranged. The cost of investigations conducted under this section shall be borne by the code city.
(5) The authority for background checks outlined in this section is in addition to any other authority for such checks provided by law.
[ 2017 c 332 § 2; 2010 c 47 § 3.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.380 - Warrant officers—Training requirements—Authority.

RCW 35A.21.380
Warrant officers—Training requirements—Authority.
(1) Any code city may establish the position of warrant officer.
(2) If any code city establishes the position of warrant officer, the position shall be maintained by the city within the city police department. The number and qualifications of warrant officers shall be fixed by ordinance, and their compensation shall be paid by the city. The chief of police of the city must establish training requirements consistent with the job description of warrant officer established in that city. Training requirements must be approved by the criminal justice training commission.
(3) Warrant officers shall be vested only with the special authority identified in ordinance, which may include the authority to make arrests authorized by warrants and other authority related to service of civil and criminal process.
(4) Process issuing from any court that is directed to a police department in which a warrant officer position is maintained may be served or enforced by the warrant officer, if within the warrant officer's authority as identified in ordinance.
(5) Warrant officers shall not be entitled to death, disability, or retirement benefits pursuant to chapter 41.26 RCW on the basis of service as a warrant officer as described in this section.
[ 2015 c 288 § 2.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.400 - Final determination on state highway project permits.

RCW 35A.21.400
Final determination on state highway project permits.
A code city must comply with the requirements of RCW 47.01.485 in making a final determination on a permit as part of a project on a state highway as defined in RCW 46.04.560.
[ 2015 3rd sp.s. c 15 § 4.]
NOTES:
Effective date—Findings—Intent—2015 3rd sp.s. c 15: See notes following RCW 47.01.485.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.405 - Nuisance abatement—Special assessment—Notice requirements.

RCW 35A.21.405
Nuisance abatement—Special assessment—Notice requirements.
(1) A code city that exercises its authority under chapter   7.48 RCW, RCW 35.22.280, 35.23.440, or 35.27.410, or other applicable law to abate a nuisance which threatens health or safety must provide prior notice to the property owner that abatement is pending and a special assessment may be levied on the property for the expense of abatement. Such special assessment authority is supplemental to any existing authority of a code city to levy an assessment or obtain a lien for costs of abatement. The notice must be sent by regular mail.
(2) A code city that exercises its authority under chapter 7.48 RCW, RCW 35.22.280, 35.23.440, or 35.27.410, or other applicable law to declare a nuisance, abate a nuisance, or impose fines or costs upon persons who create, continue, or maintain a nuisance may levy a special assessment on the land or premises where the nuisance is situated to reimburse the code city for the expense of abatement. A code city must, before levying a special assessment, notify the property owner and any identifiable mortgage holder that a special assessment will be levied on the property and provide the estimated amount of the special assessment. The notice must be sent by regular mail.
(3) The special assessment authorized by this section constitutes a lien against the property, and is binding upon successors in title only from the date the lien is recorded in the county where the affected real property is located. Up to two thousand dollars of the recorded lien is of equal rank with state, county, and municipal taxes.
(4) A code city levying a special assessment under this section may contract with the county treasurer to collect the special assessment in accordance with RCW 84.56.035.
[ 2016 c 100 § 2.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.410 - Removal of restrictive covenants—Hearing, notice.

RCW 35A.21.410
Removal of restrictive covenants—Hearing, notice.
Any code city must hold a public hearing upon a proposal to remove, vacate, or extinguish a restrictive covenant from property owned by the code city before the action is finalized. The public hearing must allow individuals to provide testimony regarding the proposed action. The code city must provide notice of the public hearing at least ten days before the hearing at its usual place of business and issue a press release to local media providing the date, time, location, and reason for the public hearing. The notice must be posted on the code city's website if it is updated for any reason prior to the hearing date. The notice must also identify the property and provide a brief explanation of the restrictive covenant to be removed, vacated, or extinguished. Any member of the public, in person or by counsel, may submit testimony regarding the proposed action at the public hearing.
[ 2017 c 119 § 4.]
NOTES:
Short title—Finding—2017 c 119: See notes following RCW 35.21.960.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.415 - Voluntary change to electoral system.

RCW 35A.21.415
Voluntary change to electoral system.
The legislative authority of a code city or town may authorize a change to its electoral system pursuant to RCW 29A.92.040.
[ 2018 c 113 § 207.]
NOTES:
Findings—Intent—Short title—2018 c 113: See RCW 29A.92.005 and 29A.92.900.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.420 - Urban agriculture zone.

RCW 35A.21.420
Urban agriculture zone.
(1) A code city may, by ordinance, establish an urban agriculture zone within the boundaries of the code city.
(2) To establish an urban agriculture zone, the code city 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 § 16.]
NOTES:
Findings—Intent—2019 c 353: See note following RCW 43.23.300.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.425 - Community gardens.

RCW 35A.21.425
Community gardens.
A code city 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 § 17.]
NOTES:
Findings—Intent—2019 c 353: See note following RCW 43.23.300.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.21 - Provisions Affecting All Code Cities. › 35A.21.430 - Transitional housing, permanent supportive housing, indoor emergency housing, and indoor emergency shelters.

RCW 35A.21.430
Transitional housing, permanent supportive housing, indoor emergency housing, and indoor emergency shelters.
A code 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 code 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 code city's projected need for such housing and shelter under RCW 36.70A.070(2)(a)(ii).
[ 2021 c 254 § 3.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.24 - Aeronautics. › 35A.24.010 - Airport operation, planning and zoning.

RCW 35A.24.010
Airport operation, planning and zoning.
A code city may exercise the powers relating to airport planning and zoning, improvement and operation as authorized by chapters 14.07, 14.08, and 14.12 RCW and chapter 35A.63 RCW of this title in accordance with the procedures therein prescribed.
[ 1967 ex.s. c 119 § 35A.24.010.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.27 - Libraries, Museums, and Historical Activities. › 35A.27.010 - General laws applicable.

RCW 35A.27.010
General laws applicable.
Every code city may exercise the powers relating to the acquisition, development, improvement and operation of libraries and museums and the preservation of historical materials to the same extent authorized by general law for cities of any class, including, but not limited to, the authority for city libraries granted by RCW 35.22.280, the power to acquire and operate art museums, auditoriums, and other facilities as authorized by RCW 35.21.020, to participate in the establishment of regional libraries, and to contract for library service for public libraries with county, intercounty, and rural library districts, and for regional libraries as authorized by chapter 27.12 RCW, to have a county law library or branch thereof generally under the provisions of chapter 27.24 RCW, to preserve historical materials, markers, graves and records as provided in chapters 27.48 and 27.34 RCW, and to expend municipal funds thereon.
[ 1985 c 7 § 101; 1983 c 3 § 60; 1967 ex.s. c 119 § 35A.27.010.]
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.28 - Schools. › 35A.28.010 - General laws applicable.

RCW 35A.28.010
General laws applicable.
Code cities shall have the authority to enter into contracts for joint acquisition of land and improvement thereof with school districts. Code cities and their relationship with public schools, colleges and school districts shall be governed by the provisions of general law, including Titles 28A and 28B RCW. Each code city shall be contained within one school district except as may be otherwise provided in *RCW 28A.315.250.
[ 1983 c 3 § 61; 1967 ex.s. c 119 § 35A.28.010.]
NOTES:
*Reviser's note: RCW 28A.315.250 was repealed by 1999 c 315 § 801.
2023 Revised Code of Washington › Title 35A - Optional Municipal Code › Chapter 35A.29 - Municipal Elections in Code Cities. › 35A.29.120 - Ballot titles.

RCW 35A.29.120
Ballot titles.
When any question is to be submitted to the voters of a code city, or when a proposition is to be submitted to the voters of an area under provisions of this title, the question or proposition shall be advertised as provided for nominees for office, and in such cases there shall also be printed on the ballot a ballot title for the question or proposition in the form applicable under RCW 82.14.036, 82.46.021, or 82.80.090 or as otherwise expressly required by state law. The ballot title shall be prepared by the attorney for the code city.
[ 2015 c 53 § 55; 1993 c 256 § 13; 1979 ex.s. c 18 § 31; 1967 ex.s. c 119 § 35A.29.120.]
NOTES:
Severability—Effective date—1993 c 256: See notes following RCW 29A.84.280.
Severability—1979 ex.s. c 18: See note following RCW 35A.01.070.