Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1981 NO. 14 >

(1) Section 5, chapter 259, Laws of 1981, does not withdraw any of the preexisting authority of cities or towns to enact ordinances to eliminate discrimination or create city human rights agencies.(2) To the extent that § 5, chapter 259, Laws of 1981, does grant additional powers, however, it applies only to first-class cities with a population of over 125,000 inhabitants.(3) The cities thus specified in § 5, chapter 259, supra, are authorized to provide administrative remedies consistent with those in the state law against discrimination, RCW 49.60.250, 49.60.260 and 49.60.270.  (4) The word "prescribed" in § 5, chapter 259, Laws of 1981, should be interpreted as "proscribed."

AGO 1982 NO. 14 >

(1) A county, city or town may not, in the exercise of its police power, enact a general prohibition against the sale or possession of handguns, at any time or place, within the limits of its territorial jurisdiction because such an ordinance would have the effect of prohibiting conduct which state law, instead, sanctions and regulates. (2) A county, city or town may not require the presentation of a concealed weapons permit as a condition to the sale of handgun ammunition because of an express statutory preemption by the state, in RCW 70.74.201, of the regulation, in general, of small arms ammunition. (3) A county, city or town police power ordinance prohibiting the possession of firearms, including handguns, on public or private school grounds or college campuses within its territorial jurisdiction would be valid because such an ordinance would not be in conflict with state law under the applicable, judicially enunciated, test.

AGO 2005 NO. 14 >

A public facilities district created under RCW 35.57 may allocate properly collected sales and use tax revenues to one or more regional centers as the public facilities district determines appropriate, to the extent consistent with applicable interlocal agreements.

AGO 1990 NO. 15 >

Certain statutes set forth requirements that are triggered by the adoption or passage of an ordinance. Unless otherwise provided, these requirements apply to the passage or adoption of an ordinance by an interim council created by RCW 35.02.130, even though such an ordinance will not go into effect until the date of incorporation.

AGO 1983 NO. 15 >

As a consequence of the enactment of § § 2 and 3, chapter 99, Laws of 1983, every county or city ordinance enacted after the effective date of that act (April  22, 1983) which imposes or alters the rate of a local sales or use tax imposed under RCW 82.14.030(2), or a real estate excise tax imposed under RCW 82.46.010(2), is subject to the referendum procedures prescribed by those two sections of the subject act.

AGO 1973 NO. 15 >

The provisions of § 7, chapter 218, Laws of 1973, Ex.Sess., under which gambling activities licensed by the state gambling commission may be prohibited by a first class city, do not extend to cities in excess of twenty thousand which have adopted the optional municipal code.

AGO 1992 NO. 15 >

1.  RCW 3.46.150 provides that a city may give notice to the county legislative authority to require termination of a municipal department of the district court.  The municipal department is terminated through amendment to the county's district court districting plan.  2.  District court judge who had been serving in a municipal department of the district court remains a district court judge following termination of the municipal department until he or she vacates the position prior to the end of his or her term, or the term expires.  3.  The term of office for a judge of a municipal court established by city ordinance is four years.

AGO 1982 NO. 15 >

(1) The November 1 deadline in § 4, chapter 49, Laws of 1982, 1st Ex. Sess., relating to the reduction of certain municipal utility taxes, is mandatory in the sense that a city or town may be compelled, through the issuance of a writ of mandamus, to take action, each year, before that date; however, a city or town does not lose the power, or capacity, to take the requisite action as a consequence of its failure to act prior to the arrival of that specified date. (2) Insofar as they prohibit a rate change from taking effect before the expiration of sixty days following the enactment of the ordinance establishing the rate change, the provisions of § 3, chapter 49, Laws of 1982, 1st Ex. Sess. are applicable to reductions as well as increases. (3) A city or town may not enact an ordinance on October 31 of a given year, reducing its tax rate pursuant to § 4, chapter 49, Laws of 1982, 1st Ex. Sess., to become operative more than sixty days thereafter.

AGO 1971 NO. 16 >

Monies in a city's paid firemen's pension fund established pursuant to RCW 41.16.050 may not be used to fund employers' contributions to the Washington law enforcement officers' and fire fighters' retirement system as required by RCW 41.26.080, or to pay disability leave allowances as provided for in RCW 41.26.110; however, such monies may be used to pay for the costs of hospitalization and other medical expenses incurred by fire fighters covered by the law enforcement officers' and fire fighters' retirement system, and payable by their employers under RCW 41.26.150.

AGO 1992 NO. 16 >

RCW 35.22.288 provides that the ordinances of first class cities, or a summary thereof, shall be promptly published in the official newspaper of the city.  However, an ordinance is not invalid under RCW 35.22.288 if it is not published within a specified number of days.