title: RCW 35.21.320

text:
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.]

catchline: Warrants—Interest rate—Payment.


doc_type: statute

jurisdiction: wa

title: RCW 35.21.333

text:
(1) A person seeking appointment to the office of chief of police or marshal in any city or town is eligible for appointment, holding office, and remaining in that office only if that person:
(a) Is a citizen of the United States of America;
(b) Is at least 25 years old;
(c) Has obtained a high school diploma or high school equivalency certificate as provided in RCW 28B.50.536;
(d) Has not been convicted under the laws of this state, another state, the United States, or the substantial equivalent under foreign law, of a felony;
(e) Has not been convicted under the laws of this state, another state, the United States, or the substantial equivalent under foreign law, of a gross misdemeanor unless the conviction has been vacated;
(f) Has not engaged and does not engage in conduct meeting the criteria requiring denial or revocation of certification set forth in RCW 43.101.105(2);
(g) 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;
(h) Has completed at least five years of regular, full-time law enforcement employment involving enforcement responsibilities with a government law enforcement agency, as defined in subsection (4) of this section;
(i) Within nine months of assuming office, unless otherwise extended by the criminal justice training commission, has obtained certification, thereafter maintains certification as required under chapter 43.101 RCW and the rules of the commission, and has never had their certification denied, revoked, or voluntarily surrendered, and not reinstated, by any other state; and
(j) Except as provided in subsection (3) of this section, has completed a background check that verifies that the person has met the eligibility requirements in (a) through (i) of this subsection.
(i) The background check verifying eligibility must be completed by the appointing authority no earlier than six months prior to the date of appointment. The appointing authority must submit confirmation to the criminal justice training commission that the background check verified that the person meets the eligibility requirements. Such confirmation is a public record.
(ii) The appointing authority is responsible for any cost associated with the background check.
(2) 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.
(3) The requirement of five years of experience with a government law enforcement agency and the age requirement in subsection (1) of this section do not apply to any person who is holding the office of chief of police or marshal as of April 30, 2026, unless the person seeks appointment to a different office of chief of police or town marshal. All other eligibility requirements apply as of April 30, 2026.
(4) For the purposes of this section, "government law enforcement agency" means a general authority Washington law enforcement agency or a limited authority Washington law enforcement agency as defined in RCW 10.93.020, or a state or federal governmental agency that is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of, any person for any violation of law.
[ 2026 c 258 s 2; 2013 c 39 s 17; 1987 c 339 s 4.]
Notes:
Findings—Intent—2026 c 258: "The legislature finds that certain laws governing the eligibility requirements, duties, and responsibilities of sheriffs, police chiefs, and town marshals should be updated and revised to reflect best practices, and to ensure that local law enforcement leaders, whether sheriffs, police chiefs, or town marshals, whether appointed or elected, and whether partisan or nonpartisan, are subject to the same eligibility requirements and standards. For sheriffs, the legislature is authorized to prescribe eligibility requirements. However, other than the eligibility requirements for any elected official, the only requirement for sheriffs in existing law is completion of academy training within 12 months of being elected, and this requirement applies only to persons who have been elected to the office, and not to appointed sheriffs. The legislature may also prescribe eligibility requirements for police chiefs and town marshals, but those requirements have not been updated since 1987. The existing requirements do not include elements such as a minimum age requirement or a prohibition on misconduct that would require denial or revocation of certification. The background check requirement for appointment as a police chief or town marshal has also not been updated in many years, and there is no required background check before appointment or election as a sheriff. The legislature finds that the state Constitution requires it to provide for the duties of elected officials, including sheriffs, for whom duties were first prescribed by the legislature in 1854, but existing law is in part outdated and inconsistent with current values and practices.
For example, there is a need to clarify and reinforce state law that a primary duty of sheriffs, in addition to upholding the United States Constitution, is to uphold and enforce the Washington state Constitution and laws, as enacted by the legislature and interpreted by the Washington supreme court, so as to align state law with the Washington supreme court's ruling in In re Recall of Fortney, 196 Wn.2d 766 (2021).
All persons who serve in law enforcement must maintain peace officer certification, but state law could be clearer regarding what must occur when a sheriff, police chief, or town marshal has their certification revoked, to ensure that the law reflects the same standards of strong accountability for all ranks. By enacting updated, clear, and consistent requirements and standards for all law enforcement leaders, the legislature intends to enhance the effectiveness, professionalism, and accountability of law enforcement leaders, promote public trust and confidence in law enforcement, and increase community safety.
The legislature also finds that these goals can best be met by ensuring the updated standards, requirements, and duties are in effect prior to the filing deadline for 2026 elections, which will include elections for 35 sheriffs.
The legislature further finds that the provision in existing law that authorizes sheriffs to "call to their aid such persons, or power of their county as they may deem necessary" has been interpreted by some as authorizing volunteers to enforce criminal laws or civil immigration laws, engage in pursuits, detain or arrest, or use force, without the training and certification required of law enforcement officers and without accountability in the event of misconduct. Volunteers and youth cadets, if used by sheriffs, police chiefs, or town marshals to assist with agency needs, should be limited to the types of roles as enumerated below that do not include this kind of authority, unless the person has completed peace officer training and maintained certification requirements.
Because of this, the legislature also finds that as part of modernizing the duties and responsibilities of law enforcement leaders, there is a need for sheriffs, police chiefs, and town marshals to establish in policy and local law best practices and safeguards for their use of personnel who are not certified peace officers. To do so, law enforcement agencies must have policies, and local jurisdictions must have ordinances, that require the supervision of volunteers, youth cadets, and specially commissioned officers. The policies and ordinances must also circumscribe the use of uniforms, badges, and face coverings by specially commissioned officers, volunteers, and youth cadets, so that members of the public and others can readily distinguish them from peace officers; require appropriate training for any specially commissioned officers and youth cadets authorized to use firearms or other weapons; and prescribe permissible roles for volunteers, which may include, but are not limited to, roles such as technical and administrative support; bicycle recovery; community crime prevention coordination; vehicle maintenance; helping with search and rescue; serving as faith leaders; helping with transport, parking enforcement, and traffic management; assisting with parks and recreation; assisting with animal control and caring for domestic animals, but not using dogs to track people or animals other than for search and rescue, and not using dogs to apprehend, or bite people or animals; and engaging in other public safety-related community service, education, and outreach work.
Finally, the legislature finds that the 1894 chapter in state law regarding use of "police matrons" by police chiefs and town marshals is antiquated and should be repealed." [ 2026 c 258 s 1.]
Effective date—2026 c 258: "Except for sections 6, 7, and 10 of this act, 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 April 30, 2026." [ 2026 c 258 s 20.]
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.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Chief of police or marshal—Eligibility requirements.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 35.21.334

text:
(1) Before making an appointment to the office of chief of police or marshal in any city or town, the appointing authority must attest as part of the public record of appointment that the requirements of RCW 35.21.333 have been met.
(2) Such appointment shall be terminated, and a vacancy created, if the chief of police's or marshal's certification is not maintained as required under chapter 43.101 RCW and the rules of the commission, if the chief of police or marshal is decertified under chapter 43.101 RCW, or if the other requirements of RCW 35.21.333 are determined to have not been met, or to have not been complied with while in office. The appointing city or town authority shall appoint a replacement to fill the office. The person appointed must meet the requirements of RCW 35.21.333.
[ 2026 c 258 s 3; 1987 c 339 s 5.]
Notes:
Findings—Intent—Effective date—2026 c 258: See notes following RCW 35.21.333.
Intent—Severability—Effective date—1987 c 339: See notes following RCW 35.21.333.

catchline: Chief of police or marshal—Appointment—Vacancy upon loss of eligibility.


title: RCW 35.21.335

text:
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.

catchline: Chief of police or marshal—Vacancy.


title: RCW 35.21.340

text: See chapter 68.52 RCW.

catchline: Cemeteries and funeral facilities.


title: RCW 35.21.360

text: See chapter 8.12 RCW.

catchline: Eminent domain by cities and towns.


title: RCW 35.21.370

text: See chapter 36.62 RCW.

catchline: Joint county and city hospitals.


title: RCW 35.21.380

text: See chapter 36.64 RCW.

catchline: Joint county and city buildings.


title: RCW 35.21.392

text:
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.

catchline: Contractors—Authority of city to verify registration and report violations.


title: RCW 35.21.395

text:
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.

catchline: Historic preservation—Authorization to acquire property, borrow money, issue bonds, etc.


title: RCW 35.21.403

text:
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.]

catchline: Authority to establish lake and beach management districts.


title: RCW 35.21.404

text:
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.

catchline: Fish enhancement project—City's or town's liability.


title: RCW 35.21.405

text: See RCW 53.08.310 and 53.08.320.

catchline: Moorage facilities—Regulations authorized—Port charges, delinquency—Abandoned vessels, public sale.


title: RCW 35.21.407

text:
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.

catchline: Abandoned or derelict vessels.


title: RCW 35.21.408

text:
(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.]

catchline: Transfer of ownership of a city or town-owned vessel—Review of vessel's physical condition.


title: RCW 35.21.409

text:
(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.]

catchline: Transfer of ownership of a city or town-owned vessel—Further requirements.


title: RCW 35.21.410

text: See chapter 80.58 RCW.

catchline: Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility.


title: RCW 35.21.412

text: See RCW 87.03.825 through 87.03.840.

catchline: Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts.


title: RCW 35.21.415

text:
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.]

catchline: Electrical utilities—Civil immunity of officials and employees for good faith mistakes and errors of judgment.


title: RCW 35.21.417

text:
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.]

catchline: Hydroelectric reservoir extending across international boundary—Agreement with Province of British Columbia.


title: RCW 35.21.418

text:
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.

catchline: Hydroelectric reservoir extending across international boundary—Commission—Powers.


title: RCW 35.21.420

text:
(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.]

catchline: 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.


title: RCW 35.21.422

text:
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.

catchline: 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.


title: RCW 35.21.425

text:
(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.]

catchline: City constructing generating facility in other county—Reimbursement of county or school district—Reimbursement by cities with a population greater than five hundred thousand.


title: RCW 35.21.426

text:
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.]

catchline: City constructing generating facility in other county—Notice of loss—Negotiations—Arbitration.


title: RCW 35.21.427

text:
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.]

catchline: City constructing generating facility in other county—Additional findings—Renegotiation.


title: RCW 35.21.430

text:
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.

catchline: Utilities—City may pay taxing districts involved after acquisition of private power facilities.


title: RCW 35.21.440

text:
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.]

catchline: Utilities—Additional payments to school districts having bonded indebtedness.


title: RCW 35.21.450

text:
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.]

catchline: Utilities—Payment of taxes.


title: RCW 35.21.455

text:
(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.]

catchline: Locally regulated utilities—Attachments to poles.


title: RCW 35.21.465

text:
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.

catchline: Crop purchase contracts for dedicated energy crops.


title: RCW 35.21.470

text:
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.]

catchline: 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.


title: RCW 35.21.475

text:
(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.

catchline: Statement of restrictions applicable to real property.


title: RCW 35.21.500

text:
"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.]

catchline: Compilation, codification, revision of city or town ordinances—Scope of codification.


title: RCW 35.21.510

text:
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.]

catchline: Compilation, codification, revision of city or town ordinances—Authorized.


title: RCW 35.21.520

text:
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.]

catchline: Compilation, codification, revision of city or town ordinances—Adoption as official code of city.


title: RCW 35.21.530

text:
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.]

catchline: Compilation, codification, revision of city or town ordinances—Filing—Notice of hearing.


title: RCW 35.21.540

text:
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.]

catchline: Compilation, codification, revision of city or town ordinances—Legislative body may amend, adopt, or reject adopting ordinance—When official code.


title: RCW 35.21.550

text:
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.

catchline: Compilation, codification, revision of city or town ordinances—Copies as proof of ordinances.


title: RCW 35.21.560

text:
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.]

catchline: Compilation, codification, revision of city or town ordinances—Adoption of new material.


title: RCW 35.21.570

text:
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.]

catchline: Compilation, codification, revision of city or town ordinances—Codification satisfies single subject, title, and amendment requirements of statute or charter.


title: RCW 35.21.630

text:
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.]


title: RCW 35.21.635

text:
(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.

catchline: Juvenile curfews.


title: RCW 35.21.650

text:
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.]

catchline: Prepayment of taxes or assessments authorized.


title: RCW 35.21.660

text:
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.

catchline: Demonstration Cities and Metropolitan Development Act—Agreements with federal government—Scope of authority.


title: RCW 35.21.670

text:
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.]

catchline: Demonstration Cities and Metropolitan Development Act—Powers and limitations of public corporations, commissions or authorities created.


title: RCW 35.21.680

text:
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.]

catchline: Participation in Economic Opportunity Act programs.


title: RCW 35.21.682

text:
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.]

catchline: City or town may not limit number of unrelated persons occupying a household or dwelling unit—Exceptions.


title: RCW 35.21.683

text:
(1)(a) A city must allow:
(i) Transitional housing or permanent supportive housing in any zones in which residential dwelling units or hotels are allowed; and
(ii) Indoor emergency shelters and indoor emergency housing in any zones in which hotels are allowed. Nothing in this subsection allows a county or city to limit indoor emergency shelters and indoor emergency housing in a manner where the capacity of indoor emergency shelters and indoor emergency housing is insufficient to meet the projected needs identified under RCW 36.70A.070(2)(a)(ii). A county or city must allow indoor emergency shelters and indoor emergency housing in additional types of zones when necessary to meet projected needs identified in RCW 36.70A.070(2)(a)(ii).
(b) A city may not require transitional housing, permanent supportive housing, indoor emergency housing, and indoor emergency shelters to be located in a zone within an area zoned for industrial use.
(2) Except as provided in subsections (5) through (7) of this section, a city may not require through development regulations, ordinances, or legal agreements any development or operating standards, conditions, or requirements for transitional housing, permanent supportive housing, indoor emergency housing, and indoor emergency shelters that are more restrictive than those required for other types of lodging or residential development within the same zone, but may apply any objective development regulations, including form-based codes, that are required for lodging or residential development including, but not limited to, density limits, dimensional standards, height restrictions, floor area ratio, setback, lot coverage, stormwater, clearing, and tree canopy and retention requirements.
(3) Except as provided in subsections (5) through (7) of this section, a county or city shall only apply the same development permit and environmental review processes to transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing that apply to other types of lodging or residential development within the same zone, unless otherwise required by state law including, but not limited to, shoreline regulations under chapter 90.58 RCW, building codes under chapter 19.27 RCW, energy codes under chapter 19.27A RCW, or electrical codes under chapter 19.28 RCW.
(4) If applying design review for transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing, only administrative design review may be required. For the purposes of this subsection, "administrative design review" means a development permit process whereby an application is reviewed, approved, or denied by the planning director or the planning director's designee based solely on objective design and development standards without a public predecision hearing, unless such review is otherwise required by state or federal law, or the structure is a designated landmark or within a historic district established under a local preservation ordinance. A city may approve requests for variances from locally established design review standards.
(5)(a) For an indoor emergency shelter or indoor emergency housing, a city may require the sponsor or managing agency to certify in writing that it has, between the date the permit application was approved and the date the certificate of occupancy was issued:
(i) Provided the name, if any, of the facility and the name and headquarters address of the managing entity;
(ii) Provided a description of any other programs operating in the building and copies of the applicable licenses and certifications held by the program;
(iii) Notified residents within 500 feet of the indoor emergency shelter or indoor emergency housing;
(iv) Conducted more than one community meeting;
(v) Designated at least one point of contact authorized to make decisions and take corrective action in the case of an emergency, and provided at least one telephone number to be used in emergencies; and
(vi) Provided documentation of the sponsor's or managing agency's operational policies or procedures for:
(A) Promoting and addressing health and safety inside the building and in areas immediately adjacent to the building;
(B) Admissions, including a description of the populations the project will serve and potential sources of referral;
(C) Program exit or transfer;
(D) Handling complaints and grievances from occupants;
(E) Health, fire, safety, and occupancy; and
(F) Staffing to provide services and resources to the population being served comparable to standard or customary practices for the particular type of housing being provided. The staffing policy or procedure may include, but is not limited to, the number of staff or volunteers present during daytime and nighttime operations, staff or volunteer training, and other processes to provide services and resources to the populations being served.
(b) The written certification by the sponsor or managing entity constitutes full compliance with (a) of this subsection (5). A city may not require the sponsor or managing agency to provide additional certifications outside of what is allowed under (a) of this subsection (5) or to repeat or revise any of the items in (a)(i) through (vi) of this subsection (5). Nothing in this subsection (b) prohibits the sponsor or managing agency from voluntarily updating any of the information submitted under (a)(i) through (vi) of this subsection (5).
(6) Nothing in this section requires a city to approve a permit application for permanent supportive housing, transitional housing, indoor emergency housing, or indoor emergency shelters that are proposed in a critical area in which no lodging or residential development is permitted, an area of natural hazards that generally prohibit lodging or residential development, or on agricultural, forest, or mineral lands of long-term commercial significance.
(7)(a) Upon receipt of a permit application for an indoor emergency shelter or indoor emergency housing with a proposed location within 500 feet of walking distance from another indoor emergency shelter or other indoor emergency housing, or within 500 feet of walking distance from the physical grounds of a public school as defined in RCW 28A.150.010 or a private school approved by the board of education under chapter 28A.195 RCW that existed before an indoor emergency shelter or indoor emergency housing is in operation or has submitted a permit application, a city may enter into good faith negotiations with the sponsor of the indoor emergency shelter or indoor emergency housing to establish additional and reasonable requirements pertaining to health and safety protocols.
(b) If the parties are unable to come to an agreement under (a) of this subsection (7) within 180 days of the permit being submitted, the city may deny the permit. If a permit is denied under this subsection, the city must assist the sponsor in identifying suitable properties to site the indoor emergency shelter or indoor emergency housing.
(c) This subsection (7) does not apply to an indoor emergency shelter or indoor emergency housing designated for individuals under the age of 18, families, or victims of domestic violence.
(d) Nothing in this subsection (7) allows a city to limit indoor emergency shelters or indoor emergency housing in a manner where the capacity of indoor emergency shelters and indoor emergency housing is insufficient to meet the projected needs identified under RCW 36.70A.070(2)(a)(ii).
(8) For purposes of this section, "emergency housing," "emergency shelter," "permanent supportive housing," and "transitional housing" have the same meaning as in RCW 36.70A.030.
[ 2026 c 232 s 3; 2021 c 254 s 4.]
Notes:
Intent—Findings—Application—2026 c 232: See notes following RCW 36.70A.845.

catchline: Transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing.


title: RCW 35.21.684

text:
(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.]

catchline: 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.


title: RCW 35.21.685

text:
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.]

catchline: Low-income housing—Loans and grants.


title: RCW 35.21.686

text:
(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.

catchline: Tiny house communities.


title: RCW 35.21.688

text:
(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.

catchline: Family day-care provider's home facility—City or town may not prohibit in residential or commercial area—Conditions.


title: RCW 35.21.689

text:
A city may not prohibit permanent supportive housing in areas where multifamily housing is permitted.
[ 2019 c 348 s 9.]

catchline: Permanent supportive housing—City may not prohibit where multifamily housing is permitted.


title: RCW 35.21.690

text:
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.]

catchline: Authority to regulate auctioneers—Limitations.


title: RCW 35.21.692

text:
(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.

catchline: Authority to regulate massage therapists—Limitations.


title: RCW 35.21.695

text:
(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.]

catchline: Authority to own and operate professional sports franchise.


title: RCW 35.21.696

text:
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.]

catchline: Newspaper carrier regulation.


title: RCW 35.21.698

text:
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.]

catchline: Regulation of financial transactions—Limitations.


title: RCW 35.21.700

text:
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.]

catchline: Tourist promotion.


title: RCW 35.21.703

text:
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.]

catchline: Economic development programs.


title: RCW 35.21.706

text:
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.]

catchline: Imposition or increase of business and occupation tax—Referendum procedure required—Exclusive procedure.


title: RCW 35.21.710

text:
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.

catchline: License fees or taxes on certain business activities—Uniform rate required—Maximum rate established.


title: RCW 35.21.711

text:
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.

catchline: License fees or taxes on certain business activities—Excess rates authorized by voters.


title: RCW 35.21.712

text:
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.

catchline: License fees or taxes on telephone business to be at uniform rate.


title: RCW 35.21.714

text:
(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.

catchline: License fees or taxes on telephone business—Imposition on certain gross revenues authorized—Limitations.


title: RCW 35.21.715

text:
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.

catchline: Taxes on network telephone services.


title: RCW 35.21.717

text:
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.]

catchline: Taxation of internet access—Moratorium.


title: RCW 35.21.718

text:
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.]

catchline: State route No. 16—Tax on operation prohibited.


title: RCW 35.21.720

text: See RCW 41.14.250 through 41.14.280.

catchline: City contracts to obtain sheriff's office law enforcement services.


title: RCW 35.21.722

text:
(1)(a) Any law enforcement agency in any city or town that uses volunteers or youth cadets, as defined in this section, to assist in the work of its law enforcement agency may not authorize them, unless they have completed peace officer training and maintained certification requirements, to enforce criminal laws; engage in pursuits; detain or arrest; use force; carry or use firearms or other weapons; use surveillance technologies except fixed cameras within police stations; or share information from law enforcement databases with any party other than the agency's chief or marshal, or the volunteer supervisor designated in accordance with subsection (2) of this section. They also may not be authorized to enforce civil immigration laws. However, volunteers who are qualified retired law enforcement officers under the federal law enforcement officers safety act improvements act of 2010 (18 U.S.C. Sec. 926C) may be authorized to carry firearms as part of their volunteer work for the law enforcement agency. Additionally, volunteers and youth cadets may not be authorized to use dogs to track people or animals, and may not use dogs to apprehend or bite people or animals. They may, however, use dogs to assist with search and rescue, including assisting with canine human remains detection, cadaver search, evidence search, or other search-oriented support of a law enforcement investigation.
(b) A law enforcement agency in a city or town may authorize volunteers to assist with roles including, but not limited to, technical and administrative support, bicycle recovery, community crime prevention coordination, vehicle maintenance, helping with search and rescue as described in (a) of this subsection, serving as faith leaders, transport, parking enforcement and traffic management, assisting with parks and recreation, animal control and caring for domestic animals, and other public safety-related community service, education, and outreach work.
(2)(a) Limitations on authority and permissible roles pursuant to subsection (1) of this section, and required supervision of volunteers and youth cadets, must be set forth in agency policies. Agency policies must also include limitations on the authority of, and requirements for, specially commissioned officers, including requirements that specially commissioned officers must be supervised by the law enforcement agency that commissioned them, other than when acting pursuant to RCW 10.93.050. Policies and ordinances must require appropriate training for any firearms or other weapons that specially commissioned officers or youth cadets are authorized to use.
Agency policies must also require that volunteers, youth cadets, and specially commissioned officers be clearly identifiable by the public as such, and as distinguishable from peace officers, with limitations on the use of face coverings consistent with standards in state law for law enforcement. Sheriffs, police chiefs, and marshals must only provide badges or other identifying insignia to volunteers, youth cadets, and specially commissioned officers that are authorized in agency policy, and such identification may only be used by them while on duty in their authorized roles.
(b) Any city or town that uses volunteers, youth cadets, or specially commissioned officers must adopt or amend its laws and ordinances to comply with the requirements of this section. The requirements of this section take effect January 1, 2027, to provide time for adoption of policies, laws, and ordinances, and this section supersedes, preempts, and invalidates any local law or ordinance that conflicts with this section.
(c) A specially commissioned Washington peace officer as defined in RCW 10.93.020 is not considered a volunteer for purposes of this section.
(d) For purposes of this section, "youth cadets" means participants in law enforcement agency training programs for careers in law enforcement.
[ 2026 c 258 s 6.]
Notes:
Effective date—2026 c 258 ss 6, 7, and 10: "Sections 6, 7, and 10 of this act take effect January 1, 2027." [ 2026 c 258 s 19.]
Findings—Intent—2026 c 258: See note following RCW 35.21.333.

catchline: Volunteer law enforcement—Training—Certification—Limitations. (Effective January 1, 2027.)


title: RCW 35.21.730

text:
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.

catchline: Public corporations—Powers of cities, towns, and counties—Administration.