Local Ordinances for Washington Cities and Counties

Local Ordinances

for Washington Cities and Counties

permitted under the Copyright Act of 1976, no part of this

publication may be reproduced or distributed in any form or by any

means or stored in a database or retrieval system without the prior

written permission of the publisher; however, governmental entities

in the state of Washington are granted permission to reproduce and

distribute this publication for ocial use.

MRSC

2601 Fourth Avenue, Suite 800

Seattle, WA 98121-1280

(206) 625-1300

(800) 933-6772

www.MRSC.org

September 2015

$30

Preface

is publication has been prepared to assist Washington county,

city, and town ocials in the draing and adoption of ordinances,

resolutions, motions, and related devices.

Contents

Introduction 1

Ordinance Drafting Techniques and Requirements 3

Numbering 3

Title 4

Recitals or Whereas Clauses 5

Enactment Clause 7

Statement of Purpose 7

Deﬁnition Section 8

Provisions Establishing Administrative Units 9

Substantive Provisions 9

Penalty Provisions 9

Civil Recovery 10

Eﬀective Date 10

Repeal 12

Amendment 13

Saving Clause 14

Severability Clause 14

Short Title 14

Signatures 15

Style 16

Gender Neutral and the Use of He and She 16

Use of Shall and May 17

Duplication of Words or Ideas 17

Be Speciﬁc in Sentence Subjects 17

Use of Such and Said 17

Use of Any, Each, Every, and All 17

Use of Opinion and Subjective Words; Need for Precision 17

Use Short Sentences 18

Verb Tense and Voice 18

Word Use 18

State an Idea in the Positive 19

Sections 19

Adoption Procedures 20

Initiation and Presentation 20

Public Hearing 20

Final Action 21

Veto 24

Signature and Attestation 25

Publication 26

Initiative and Referendum 26

Adoption by Reference 27

Deﬁciencies of Form 28

Appendix A 29

Subjects Requiring Use of an Ordinance by County Legislative Authority 29

Appendix B 31

Substitutes for Commonly-Used Words and Phrases 31

Appendix C 33

Actions for Which a Public Hearing Is Required 33

1Local Ordinances for Washington Cities and Counties

Introduction

e legislative bodies of counties, cities, and towns have vari-

ous options available for taking legislative action, including the

passage, adoption, or approval of ordinances, resolutions, rules,

regulations, motions, and orders. It is, of course, important to be

familiar with each option and when it is preferable to use one form

instead of another.

An ordinance, as that term is typically used, refers to a local law of

a municipal corporation, duly enacted by the proper authorities,

prescribing general, uniform, and permanent rules of conduct, re-

lating to the corporate aairs of the municipality.

Ordinances may

be used for purely administrative purposes, such as to establish an

oce or set salaries. An ordinance can either regulate conduct or,

for example, when establishing a crime, prohibit described conduct

or actions altogether.

A resolution typically is less solemn and formal than an ordinance

and, “generally speaking, is simply an expression of the opinion

or mind of the ocial body concerning some particular item of

business or matter of administration coming within its ocial

cognizance.”

In practice, resolutions are oen limited to expres-

sions of opinion. Contrasted with an ordinance, which generally

prescribes permanent rules of conduct or government, a resolution

usually deals with matters of a special or temporary character.

(Resolutions adopted by a county council or commission may, in

some instances, be similar to an ordinance, as many state statutes

allow a county to adopt laws or take an ocial action either by

resolution

or “by ordinance or resolution.”)

McQuillin, Municipal Corporations, § 15:01.

1 Matthews, Municipal Ordinances, § 1:01.

Baker v. Lake City Sewer District, 30 Wn.2d 510, 518, 191 P. 2d 844 (1948).

McQuillin, Municipal Corporations, § 15:02.

See, e.g., RCW 36.40.080, relating to the adoption of the nal budget, and

RCW 36.94.380, relating to the establishment of a “County Local Improvement Guaranty

Fu n d .”

See, e.g., RCW 36.40.250, relating to the adoption of a process to provide for

biennial budgets, and RCW 36.83.020, relating to the establishment of a bridge or road

improvement special benet district.

2 Local Ordinances for Washington Cities and Counties

When should an ordinance be used instead of a resolution? Obviously, if a state statute requires

one form be used instead of the other, that requirement must be followed. If no particular form is

specied, either a resolution or ordinance may be used.

Ministerial and administrative acts may

be exercised by resolution.

Legislative acts, however, it has been suggested, should be made by

ordinance.

What is “legislative”? e general guiding principle is that “[a]ctions relating to subjects of a per-

manent and general character are usually regarded as legislative, and those providing for subjects

of a temporary and special character are regarded as administrative.”

“Rules or regulations” are used to regulate the manner of doing municipal business or to es-

tablish certain types of procedures. ey are subsidiary to ordinances and are generally updated

when an ordinance, state or federal law is amended. Rules and regulations do not carry penalties,

relying instead on their underlying ordinances, upon which they are based, for enforcement au-

thority. Rules or regulations remain in eect until suspended or revoked.

An “order” is used by a legislative body to direct a specic action be taken on behalf of the mu-

nicipality. An order, for example, could be used to authorize the mayor or county executive to

sign a contract. An order is less than a legislative enactment and requires little, if any, formality;

for example, an order may be oral. Once an order has been complied with, it no longer has eect.

A “motion” is similar to an order; it provides authority to do a specied act. A motion is a pro-

posal by a member, made at a meeting, that a legislative body take a particular action. e pro-

posed action may be substantive, or it may express a certain view, or direct a particular action

be taken, such as an investigation.

A motion, once approved and entered into the record, is the

equivalent to a resolution. See Spokane v. Ridpath, 74 Wash. 4, 132 Pac. 638 (1913).

In addition to reviewing the various forms of ocial action, this handbook will review the man-

ner by which municipal legislative bodies, primarily city, town, and county councils or commis-

sions, conduct their business. Information is provided on draing techniques and style, and on

the manner by which legislation is adopted.

State ex rel. Sylvester v. Superior Court, 60 Wash. 279, 111 P. 19 (1910); LaMon v. Westport, 22 Wn. App. 215, 588 P.2d

1205 (1978).

State ex rel. Morrison v. Seattle, 6 Wn. App. 181, 492 P.2d 1078 (1971).

Ordinances, Resolutions and Motions: When to Use Which – How to Adopt Personnel Policies, by James K. Pharris,

Senior Assistant Attorney General and Robert J. Fallis, Assistant Attorney General, State of Washington. WSAMA Proceedings,

November 8-9, 1985, pp. 155-168.

Ibid, quoting from Durocher v. King County, 80 Wn.2d 139, 153, 492 P.2d 547 (1972).

Robert, Robert’s Rules of Order Newly Revised, at p. 27 (11

Ed., 2011).

3Local Ordinances for Washington Cities and Counties

Ordinance Drafting Techniques and

Requirements

Ordinances typically are numbered and have a title for purposes of

identication. Ordinances must include an enactment clause and

oen include a recital or “whereas” section, denitions, penalty

provisions, and an eective date. is chapter explores the various

sections and elements of ordinances and other forms of legislative

acts.

Numbering

Ordinances may be numbered in a variety of ways. Perhaps the

easiest system involves the use of consecutive numbers (e.g., Or-

dinance No. 443, Ordinance No. 444, etc.). is method allows for

quick identication and permits an easy calculation of the number

of ordinances enacted over a given period of time.

Some municipalities include the year of passage in their numbering

system, and then number ordinances consecutively within that year

(e.g., Ordinance No. 99-11, Ordinance 99-12, etc.). is method

permits easy identication of the year when an ordinance was en-

acted, although it does not allow for easy calculation of the number

of ordinances enacted during a multiple-year period. In addition,

use of the year of an ordinance’s passage can create confusion if

ordinances of similar numbers are enacted in other years (e.g., Or-

dinance No. 1997-21 and Ordinance No. 1998-21).

Some municipalities incorporate letters into their numbering sys-

tem. e City of Vancouver, for example, uses the letter “M” in

their numbers (Ordinance No. M-1965, e.g.), signifying that the

ordinance was enacted during the period in which the city was

organized under the council-manager plan of government. Other

municipalities may use a letter to indicate an ordinance amends an

earlier ordinance (e.g., Ordinance No. 1827A amends Ordinance

No. 1827).

ere is no statute requiring that any particular numbering system

be used; each jurisdiction is free to adopt any system that is easy

to administer and makes sense to its ocials and citizens. Once a

CHAPTER ONE

4 Local Ordinances for Washington Cities and Counties

numbering system is adopted, it is recommended that system be adhered to until a new system is

adopted.

Title

Most, if not all, jurisdictions place a title on each ordinance, stating its purpose, content, and ef-

fect.

Even if statute or charter does not require that an ordinance include a title, it makes sense

to include one. A title gives notice to the jurisdiction’s ocials, as well as to the public, of the na-

ture and purpose of the ordinance.

One Subject

Ordinances enacted by second class and code cities are limited to one subject, and that subject

must be clearly reected in the ordinance’s title.

Unless limited to a single subject by statute or

charter, a jurisdiction other than second class and code cities may cover more than one subject in

its ordinances. It is a sound practice, however, to restrict an ordinance to a single subject to avoid

confusion and make each ordinance easier to classify.

Form

Titles should be short and descriptive and be expressed in clear language to give notice of the sub-

ject of the ordinance. e title need not be an index to the entire contents of the ordinance.

e

following are examples of titles:

General Ordinances

AN ORDINANCE regulating second-hand dealers, imposing license fees, and providing

penalties for the violation thereof.

AN ORDINANCE establishing parental responsibility for juveniles within the city limits

and providing for exemptions, enforcement, and penalties.

Ordinances that Amend or Repeal Other Ordinances

AN ORDINANCE amending chapter 17.32 of Ordinance No. 1709, the city zoning code,

to allow certain signs in the light industrial (IL) district.

AN ORDINANCE amending chapter 17.26 of the municipal code, entitled “Signs,” ex-

empting governmental signs, redening temporary real estate signs; amending section

17.20.040 to provide for the amortized discontinuance of certain nonconforming free-

Second class and code cities are required to include a title in their ordinances. RCW 35.23.211 and 35A.12.130. Coun-

ties are required to include a title in an ordinance levying an admissions tax. RCW 36.38.030.

RCW 35.23.211 and RCW 35A.12.130. See e.g., Scott v. Cascade Structures, 100 Wn.2d 537, 673 P.2d 179 (1983) and

Vasey v. Snohomish County, 44 Wn. App. 83, 721 P.2d 524 (1986).

Rhyne, e Law of Local Government Operations, § 8.2 at pp. 116-117 (1980); McQuillin Municipal Corporations, §

16:17.

1A Sutherland, Statutory Construction, § 18:9 (7

Ed.).

5Local Ordinances for Washington Cities and Counties

standing signs; amending section 17.04 to add a fee for design board review of signs; and

providing for an eective date.

AN ORDINANCE adding new sections to chapter 16.16 of the city municipal code to

regulate o-premise signs.

AN ORDINANCE adopting a revised code for the regulation of signs, amending Ordi-

nance No. 773, and repealing Ordinance Nos. 846, 919, 982, and 1261.

As the above examples suggest, if an ordinance is amended either by deleting or adding language

or sections, reference should be made in the title to the amended ordinance. Similarly, if an or-

dinance repeals an earlier ordinance, reference should be made in the title to the repealed ordi-

nance. Reference can be made to the earlier ordinance’s number, the appropriate code section and,

if applicable, the ordinance’s common name, such as the Zoning Code or the Criminal Code.

Recitals or Whereas Clauses

Ordinances sometimes will include an introductory recital section, set out aer the title and be-

fore the enactment clause, to provide information regarding the background or purpose of the

enactment. Typically, such information will be introduced by the term “whereas.” A recital is ad-

visory only but may be considered by the courts when interpreting ordinances or addressing their

validity. e courts will consider

the true operation and eect of the law which must be dealt with on the basis of the prac-

tical results which follow its operation, and not alone by legislative declarations contained

therein.

Matthews Municipal Ordinances, § 26:4 oers the following advice:

A preamble to an ordinance, reciting conditions in the city making the ordinance neces-

sary, may assist a court in nding the ordinance valid. In cases involving constitutional

questions, the court may have to balance the need of the community to regulate against

the rights of an individual. e facts may be recited in a preamble or in a separate section,

usually the rst section of the ordinance.

A preamble also can serve as a recitation of the performance of conditions precedent

which must be fullled before an ordinance is enacted, and perhaps, where it is based on

a single statute. In many jurisdictions certain (or all) ordinances must be preceded by par-

ticular actions, such as a recommendation by some particular ocer, public hearings aer

due notice to the public, ling of the ordinances for public inspection before enactment,

or perhaps procedure under initiative and referendum statutes. Where such conditions

precedent must be complied with, it is a good idea to have the preamble recite that each

such condition has been complied with, and to state the date of the various acts which

Aberdeen Savings and Loan v. Chase, 157 Wash. 351, 364, 289 Pac. 536 (1930); see also State ex rel. O’Connell v. Slavin,

75 Wn.2d 554, 452 P.2d 943 (1969).

6 Local Ordinances for Washington Cities and Counties

precede the enactment and the place in the public records where the accomplishment of

such acts is evidenced. Such a preamble will save time for the municipal attorney when it

becomes necessary for him to establish that the conditions precedent have been complied

with.

Where certain facts are required as a prerequisite to an enactment, such as the acceptance

of certain streets by way of dedication, such facts may be recited in the preamble or re-

ferred to in the body of the ordinance in what might be called factual ndings. A state-

ment in the body of the ordinance that the facts recited in the preamble are determined

and found to be true by the governing body serves a distinct purpose.

A recital can recite facts that the legislative body, by a statement in the body of the ordinance

itself, determines and nds to be true. Recitals can be used to explain the political motivation

for enacting an ordinance (e.g., explain why water rates are raised), to provide a historical back-

ground for the ordinance, to help set the foundation for an emergency clause, to establish the au-

thority for the action, or to explain the intent of the legislative body. Here are several examples of

recitals:

A. WHEREAS, ocers, employees, administrators, and board members (“employees”) of

the city have occasion to be absent from the city on authorized travel for the conduct

of city aairs or training and educational programs; and

B. WHEREAS, it is the desire of the city council to compensate employees for necessary

expenses incurred and for purposes which primarily promote, develop, or publicize

the city’s best interest, Now, erefore,

WHEREAS, the Edmonds Community Development Code presently requires that the

Architectural Design Board review and approve or deny all applications for signs re-

quiring permits pursuant to Chapter 20.60; and

WHEREAS, the City Council nds that a substantial amount of time is spent by the

Architectural Design Board reviewing signs which do not pose a signicant impact on

the community; and

WHEREAS, the City Council nds that it would be in the best interest of the City

to delegate approval of sign permits to the sta where it is not likely that such signs

would pose a signicant negative impact on the community; such delegation thereby

freeing the Architectural Design Board for the review of larger, more substantial proj-

ects; Now, erefore,

7Local Ordinances for Washington Cities and Counties

An alternative to the use of recitals is the inclusion of a purpose section in the body of the ordi-

nance itself.

Enactment Clause

All cities and towns must include an enactment or ordaining clause in their ordinances; counties

must include an enactment clause in admission tax ordinances. e requirement is statutory for

most cities and is required by the charters of the state’s ten rst class cities.

For the other classes

of cities or towns, the following language is required:

Second Class Cities (RCW 35.23.211)

“e city council of the city of __________ do ordain as follows:”

Towns (RCW 35.27.290)

“Be it ordained by the council of the town of __________”

Code Cities (RCW 35A.12.130 and 35A.13.190)

“e city council of the city of __________ do ordain as follows:”

Commission Cities (RCW 35.17.030 and 35.23.211)

“Be it ordained by the city commission of __________:”

ere is no general requirement for county ordinances, although an ordinance adopted by a

county to levy an admission tax must contain the following enactment clause:

“Be it ordained by the Board of County Commissioners of __________ County, State of

Washington”

Although not required, it is suggested that all county ordinances contain similar language.

It is recommended that the exact required language be used in each ordinance. While an inadver-

tent deviation may not necessarily invalidate an ordinance,

careful draing will help avoid litiga-

tion on this non-substantive portion of an ordinance.

Statement of Purpose

It may be desirable to state the purpose of the ordinance in the rst section, especially if there are

no recital or “whereas” clauses. A purpose section, by use of direct and concise language, can pro-

vide insight into why the ordinance is being enacted, which might be dicult to determine from

the technical provisions of the ordinance.

See, e.g., Bellingham Charter § 3.04 (“e City of Bellingham does ordain:”); Spokane Charter § 14 (“e City of Spo-

kane does ordain;”); Vancouver Charter § 2.12 (“Be it ordained by the City of Vancouver:”).

RCW 36.38.030.

See McQuillin Municipal Corporations § 16:24; see also RCW 35A.21.010.

8 Local Ordinances for Washington Cities and Counties

By being the rst section of the ordinance, the purpose section is part of the ordinance and helps

govern the interpretation of all other sections. (is is not true of recital or “whereas” clauses,

since they precede the enactment clause and thus are not actually part of the ordinance. Similarly,

a purpose section will typically be included in any codication of ordinances; this would not be

true of recital clauses.)

Deﬁnition Section

A denition section is not required, although its use may simplify the ordinance’s text and reduce

its length. If a denition section is used, it typically will follow the enactment clause, or the state-

ment of purpose, if one is used.

Most words do not require denitions and, in fact, it may create confusion to dene them. Unde-

ned words, if ever reviewed by the courts, will be dened with their usual, ordinary dictionary

denitions.

If, however, an ordinance does provide a denition, that denition will be used by

any reviewing court, even though the denition provided may not coincide with the word’s or-

dinary dictionary denition.

Unique terms or terms of art, of course, should be dened in the

ordinance to provide readers with necessary information or guidance.

e following provides some suggestions for the preparation of a denition section:

• Denitions should be used sparingly. Common words should not be dened unless the

common meaning is altered, and creating articial meanings for commonly understood

words should be avoided.

• e denition section, oen the rst section in the body of the ordinance, should be dra-

ed rst, to help the draer be consistent in the use of terms throughout the ordinance.

• Words should be dened in alphabetical order, without numbers or letters. If numbering

or lettering is not used, the denition section can easily be later amended by insertion of

the new denitions in their proper place, alphabetically.

• Determine if a denition is to “mean” or to “include.” e words “means” or “includes”

need not be used for each denition unless some of the terms are dened in the inclusory

sense, such as “Animal. Includes birds, exotic animals . . . “; and others are dened in a re-

strictive sense, such as “Minor. For the purpose of this ordinance, means a person who has

not reached the age of 21 years.”

Here are some examples:

Section 1. Denitions. For purposes of this ordinance, the following terms mean:

See, e.g., State v. Alexander, 76 Wn. App. 830, 888 P.2d 175 (1995) and City of Bellevue v. Lorang, 140 Wn.2d. 19, 992

P.2d 496 (2000).

See Publishers Forest Products Co. v. State, 81 Wn.2d 814, 505 P.2d 453(1973) and Garrisen v. Washington State Nursing

Board, 87 Wn.2d 195, 550 P.2d 7 (1976).

9Local Ordinances for Washington Cities and Counties

Animal. A dog, exotic, wild or dangerous animal, or livestock.

Animal at large. An animal not conned to the premises of its owner unless . . ..

Dog facility. A site, as identied by a mailing address, where more than three dogs. ...

Euthanasia. Putting an animal to death in a humane manner.

Provisions Establishing Administrative Units

If an ordinance establishes an oce, board or commission, a section (that precedes the substan-

tive provisions) should be included to cover the following, if applicable:

1. Establishment of the oce, board, or commission and its title;

2. Title of the chief ocer, method of selection, and term of oce;

3. Qualications of the chief ocer;

4. Ocial bond;

5. Compensation and expenses;

6. General powers and duties; and

7. Assistants and subordinates.

Substantive Provisions

Unless some oce, board, or commission is established, the section dening terms should be fol-

lowed by a section or sections setting forth:

• Standards of conduct required by the ordinance;

• Persons aected by it;

• Times, places, and conditions of its application; and

• Method by which it is to be eectuated (administrative provisions).

Penalty Provisions

If a violation of the ordinance is to be punished by a ne or imprisonment, the penalty must be

specically stated in the ordinance. e following provides one example of a possible penalty sec-

tion:

Section _____. Penalties. Any person convicted of a violation of this ordinance shall be

guilty of a misdemeanor and shall be punished by a ne not to exceed __________ dol-

lars, or by imprisonment in jail for a period not to exceed _____ days, or by both such ne

and imprisonment.

(Oregon) Bureau of Governmental Research and Services, Manual for Ordinance Draing and Maintenance, pp. 4-5

(1980).

10 Local Ordinances for Washington Cities and Counties

e maximum ne that may be imposed for a misdemeanor is $1,000; the maximum for a gross

misdemeanor is $5,000.

A person guilty of a misdemeanor can be jailed for up to 90 days and,

for a gross misdemeanor, one year.

Alternatively, a legislative body may make an oense a civil

infraction.

However, no city or county may establish a civil penalty for an act that constitutes a

crime under state law, nor may it establish a dierent criminal punishment than that provided by

state law for the same act.

If the jurisdiction wants to provide a penalty for continuing violations, the penalty section should

include the phrase “each day’s violation constitutes a separate oense.”

Civil Recovery

If the ordinance is to provide for recovery of the costs of enforcement, as in the case of the abate-

ment of nuisances, a specic section should be included authorizing recovery in the name of the

jurisdiction in an appropriate amount.

Eﬀective Date

An ordinance should state when it takes eect, provided, of course, that the date stated is not

before the earliest date possible under state law or charter. Absent a stated eective date, the ordi-

nance becomes eective according to the provisions of state law or charter. An eective date must

be included if the eective date is to be later than that provided by law or charter.

Failure to include an eective date may create confusion as to when the ordinance becomes ef-

fective. When was the ordinance published? What is the statutory waiting period? To avoid

confusion, inclusion of an eective date is recommended. Selection of the date should be based

upon experience, drawing upon the date likely for the ordinance’s nal passage and publication

and the need to allow interested persons adequate notice and opportunity to make appropriate

preparations.

e following indicates when ordinances become eective, according to state law:

First Class Cities

When ordinances enacted in rst class cities become eective is dependent upon the provisions of

each city’s charter and whether a valid referendum petition is led. Here are several examples:

Vancouver – 30 days following nal passage unless a referendum petition is led.

RCW 9A.20.020(2) and (3).

Id.; see, also, RCW 35.22.280(35); RCW 35.23.440(29); RCW 35.27.370(14); RCW 35A.11.020; and RCW36.32.090(7).

Id.; see also chapter 7.80 RC W.

RCW 35.21.163, 36.32.120(7); see also State v. Mason, 34 Wn. App. 514, 663 P.2d 137 (1983).

Vancouver City Charter § 2.16.

11Local Ordinances for Washington Cities and Counties

Bellingham – 15 days aer the date of nal passage, unless a later date is xed by the city

council.

Emergency ordinances requiring immediate preservation of the public peace,

health, or safety become eective immediately upon nal passage.

Second Class Cities

Ordinances typically go into eect ve days following publication.

Towns

Publication is required,

but no waiting period is specied aer publication before an ordi-

nance can become eective. us, an ordinance could be made eective upon or aer the date of

publication.

Code Cities

No ordinance can take eect until ve days aer the date of its publication, except for public

emergency ordinances. Public emergency ordinances, which require a vote of a majority plus one

of the whole council membership, may be eective upon adoption.

A public emergency ordi-

nance is one designed to protect public health and safety, public property, or the public peace; it

may not levy taxes, grant review, extend a franchise, or authorize the borrowing of money.

If a code city has adopted the powers of referendum, its ordinances usually will not go into ef-

fect until 30 days following their nal passage, thus allowing time for the ling of a referendum

petition.

Commission Cities

Ordinances cannot go into eect before 30 days from the date of nal passage. Ordinances are

subject to referendum during the waiting period unless:

1. ey have been initiated by petition;

2. ey are necessary for the immediate preservation of public peace, health, safety, and con-

tain a statement of urgency and are passed by unanimous vote; or

Bellingham City Charter § 3.04.

Bellingham City Charter § 3.05.

RCW 35.23.211.

RCW 35.27.300.

RCW 35A.12.130 and 35A.13.190.

Id.

RCW 35A.11.090. Certain ordinances, however, are not subject to the referendum, such as those necessary for the

preservation of public peace, health and safety, or appropriating money. If an ordinance is exempt from the referendum process, it

goes into eect as provided by general law.

RCW 35.17.230.

12 Local Ordinances for Washington Cities and Counties

3. ey provide for a local improvement district.

Counties

Unlike for cities and towns, the county statutes do not specify when an ordinance can go into ef-

fect. Accordingly, a county ordinance will go into eect upon passage or at some later date speci-

ed by the ordinance. (A county charter may address when ordinances go into eect.)

Suggested Language

e following language could be used for an eective date of an ordinance:

Section _____. Eective date. is ordinance shall take eect (month, date, year); or

Section _____. Eective date. is ordinance shall take eect (ve, een, thirty, etc.) days

aer its passage, approval, and publication.

Repeal

Not all ordinances repeal other ordinances. If one does, however, it should specically state what

ordinances, or parts of ordinances, are being repealed, identifying them by number, title, section

and, possibly, date of enactment.

Suggested Language

Section _____. Repealer. e following are hereby repealed:

A. Sections 6, 15 and 20 of Ordinance No. 1725, enacted January 17, 1999.

B. Ordinance No. 2236, enacted March 16, 1998.

C. Ordinance No. 41147, entitled:

AN ORDINANCE relating to the licensing of domestic cats, establishing licensing

fees and procedures, dening oenses, and setting penalties.

It is not necessary to include the full text of the ordinance being repealed. If the titles of the ordi-

nances being repealed are lengthy or numerous, listing of titles may be omitted. If an ordinance

has been codied, information regarding the codication should be included in the repealer (for

example, Ordinance No. 21156, as codied at section _______ of the ______ City Code, is hereby

repealed.)

e use of general “repealer” language (“all ordinances or part of ordinances inconsistent with the

provisions of this ordinance are hereby repealed”) should be avoided. General repealer language

makes it uncertain which ordinances are actually being repealed. e better practice is to carefully

See, e.g. King County Charter § 230.70 (ordinances go into eect 10 days following enactment or presentation to coun-

ty executive; if ordinance is subject to a referendum, petition may be led within 10 days of enactment and, if a petition is led,

ordinance does not go into eect for 45 days).

13Local Ordinances for Washington Cities and Counties

review all prior ordinances, determining – and then listing – which ordinances, or parts of ordi-

nances, should be repealed. Once all ordinances to be repealed are ascertained and listed, then

general repealer language can be used.

Amendment

An amendment may add to, delete from, or otherwise change an existing ordinance. e manner

by which an ordinance may be amended is, at least for some classes of cities, controlled by statute.

First Class Cities

ere is no statutory authority or requirements on how an ordinance is to be amended in a rst

class city. Individual city charters may, however, dictate the procedure that must be used. Most

charters provide that any amended section be set out at length.

Second Class Cities

New ordinances must set out the revised ordinance or amended section “at full length.”

Towns

ere are no express statutory requirements that an amendatory ordinance set out the ordinance

or section to be amended in full. However, it is generally thought to be a desirable practice to do

so.

Code Cities

By statute, the amending ordinance must set forth the revised ordinance or amended section or

subsection in full.

Commission Cities

ere is no statute dictating how ordinances must be amended. As is indicated above, it is gener-

ally thought to be a desirable practice to set out the revised ordinance or section in full.

Counties

ere are no statutory requirements for the amendment of an ordinance. Good practice would

suggest that the ordinance or section being amended be set out in full in the amendatory

ordinance.

Except for the statutory requirement applicable to some cities that the ordinance being amended

be set out in full, there are no requirements as to how the amendatory language should be word-

ed. One possible approach, used to assist readers in determining what is new and what is being

deleted, is to italicize or underline new material and strike over any language to be deleted. e

following format could be used:

See, e.g., Bellingham Charter § 3.04; Bremerton Charter Sec. 18; Seattle Charter Art. IV, § 9; and Vancouver Charter §

2.12.

RCW 35.23.211.

RCW 35A.12.130 and 35A.13.190.

14 Local Ordinances for Washington Cities and Counties

Section 1. Section 5 of Ordinance 61173 is amended to read as follows:

Section 5. e term “ocer” means any sworn ocer of the police department, re

department, ((a jail guard)) or an animal control ocer.

e same general format and denitions used in the original ordinance should be retained and

used in the amendment for consistency and to help avoid confusion.

Saving Clause

If an ordinance is adopted to repeal and replace a previously-adopted ordinance, the new or-

dinance should include a “savings clause.” A savings clause preserves the rights, remedies, and

eects of the previous ordinance until the eective date of the new one. Here is an example of a

savings clause:

Section 12. Savings Clause. Ordinance No. 221, which is repealed by this ordinance, shall

remain in force and eect until the eective date of this ordinance.

Severability Clause

A severability (or separability) clause is designed to state the legislative body’s intent that, if a por-

tion of an ordinance is held invalid, the remainder of the ordinance should continue in eect. It is

commonly used in criminal ordinances, which are, perhaps, more prone to judicial attack, and in

lengthy, controversial, or complex ordinances. Here is an example of a severability clause:

Section 7. Severability. If any section, subsection, paragraph, sentence, clause, or phrase

of this ordinance is declared unconstitutional or invalid for any reason, such decision shall

not aect the validity of the remaining parts of this ordinance.

It has been suggested that, as an alternative to the more standard severability clause set out above,

a legislative body could specify that particular sections of the ordinance may be severed, if uncon-

stitutional, without destroying the legislative intent that the remainder be enforced.

Short Title

A short, descriptive title may be adopted to assist the identication of the ordinance; for example:

Section 15. Short Title. is ordinance shall be known as the Criminal Code and may be

cited as such.

1 A. Sutherland Statutory Construction (7th edition) at § 20.27.

15Local Ordinances for Washington Cities and Counties

Other examples might include “Zoning Code,” “Sign Code,” or “Animal Control Ordinance.”

Signatures

Typically an ordinance will include the following language, to be completed as the various indi-

cated procedural steps are completed:

Passed by the __________ [City Council, Town Council, City Commission, Board of

County Commissioners, County Council, as appropriate] of __________, at a regular

meeting thereof this _____ day of __________, _____.

______________________________

Mayor (or Chair)

______________________________

Approved as to form:

______________________________

City (or Town or Prosecuting) Attorney

Attest:

______________________________

Clerk

In addition, the ordinance might include information about when it was rst read, led, and

published.

e above discussion merely provides examples of common ordinance provisions. Not all of the

provisions listed should be included in all ordinances. Similarly, other sections might need to be

included, if required by rule, ordinance, or custom. In each instance, the draer of the ordinance

should discuss the ordinance’s format and provisions with the city or town attorney or the county

prosecutor. MRSC is also available to answer questions, provide sample ordinances, or oer other

assistance.

16 Local Ordinances for Washington Cities and Counties

Style

As Chapter 1 demonstrated, there are relatively few rules or re-

quirements for the form of an ordinance. Similarly, there are even

fewer rules governing an ordinance’s style. Nevertheless, adherence

to certain “rules” of style may prove valuable in helping make an

ordinance say what is intended and in aiding readers in under-

standing its meaning.

Clarity of language is an essential principle in the draing of any

ordinance. Clarity enhances readability, which, in turn, provides

direction for the public, assists administrators in the performance

of their duties, and aids the courts in nding constitutionality

against due process challenges.

e following “rules” have been synthesized from a variety of

sources and may provide some guidance on ordinance style.

Gender Neutral and the Use of He and She

Historically, most ordinances were framed in the masculine.

Councilmembers were referred to as “councilmen.” If an item was

needed to be led with the clerk, reference would oen be made to

“him” or “he.” e modern trend is to make legislation gender neu-

tral, that is, the legislation will refer to both “him” and “her.” Titles

are altered to reect that an oce holder may be either a man or a

woman (councilmember instead of councilman; reghter instead

of reman; police ocer instead of policeman).

Some government bodies, instead of changing every ordinance that is “sexist,”

will adopt general language, aecting all legislation. e state, for example, has adopted

RCW 1.12.050:

Words importing the singular number may also be applied to the plu-

ral of persons or things; words importing the plural may be applied

to the singular; and words importing the masculine gender may be

extended to females also. (Emphasis supplied)

To the same general eect see, for example, Bellingham Municipal Code section 1.04.020.

CHAPTER TWO

17Local Ordinances for Washington Cities and Counties

While the denite trend has been toward making ordinance language gender neutral, there is no

statutory mandate requiring such action. Whether to use “him” or “her,” “he” or “she,” or a gender

neutral title is a question of style.

Use of Shall and May

e word “shall” indicates mandatory action; “may” is permissive.

If a certain act is required, use

“shall;” if there is discretion, use “may.”

Duplication of Words or Ideas

Pairs of words, each having the same meaning, such as “null and void” and “full and complete,”

should not be used. e draer should determine what is meant and then say it in one word.

Be Speciﬁc in Sentence Subjects

e use of the words “it” and “there,” as subjects, should be avoided. Instead of writing “It is un-

lawful to . . .,” the better practice is to write “No person shall . . . . “ Instead of “ere is required of

every . . .,” it is better to write “Each person is required to . . . .”

Use of Such and Said

e words “such” and “said” are commonly used in ordinance draing to refer to something just

mentioned (“said building” or “such street”). ese terms are oen overworked and are unneces-

sary. If an ordinance section is referring to a dangerous building, write “the building.” If the refer-

ence could be to any one of several kinds of buildings, say “the dangerous building” or “the safe

building.”

Use of Any, Each, Every, and All

If the intent of an ordinance is to encompass everyone who might possibly come within its pro-

hibitions or regulations, all that is necessary is to write “No person shall . . .” or “A person may. . .

. “ ese phrases make it evident that no one is excluded, thus eliminating the need to use “any,”

“each,” “every,” or “all.”

Use of Opinion and Subjective Words; Need for Precision

It is best to avoid words involving opinion or which are subjective rather than objective in charac-

ter. For example, words such as “adequate” or “clear” may assume a dierent meaning based upon

who the reader is and what the particular circumstances are. Use of opinion and subjective words

Scannell v. Seattle, 97 Wn.2d 701, 648 P.2d 435 (1982).

is section, as well as the next three sections, are excerpted from e Manual for Ordinance Draing and Main-

tenance, prepared by the Bureau of Governmental Research and Services of the University of Oregon, acting in cooperation

with the League of Oregon Cities (November 1980), pp. 6-7.

18 Local Ordinances for Washington Cities and Counties

can result in a constitutional challenge. Legislation, especially if it carries criminal penalties, must

not be vague.

Similarly, legislation should be precise. Imprecise language may cause confusion. For example, if

admission is prohibited to persons aged “eighteen years or younger,” would a person aged eigh-

teen years, three months be restricted? It would be better to say “under the age of eighteen years.”

Precise draing aids those who must obey or enforce an ordinance and may help reduce the like-

lihood of a successful constitutional challenge.

Use Short Sentences

Use short sentences. e shorter the sentence, the easier it is to understand and remember the or-

dinance. In one comment it is suggested that sentences be kept to a maximum length of 25 words

and that the colon, semi-colon, and comma be sparingly used.

Sentences requiring the excessive

use of commas, colons, and semi-colons should be avoided.

Verb Tense and Voice

Use verbs, in most instances, in the present tense and in an active voice.

Since ordinances are

considered to be “always speaking,” use of the future tense (“shall”) is usually not needed unless

to express a time relationship between two or more acts or events. An active voice, that is, one de-

noting the subject of a sentence as the action (“the mayor appoints”), is preferable over a passive

voice (“the chair is appointed by the mayor”), since the active voice focuses on the subject. Use of

the active voice may make the ordinance more understandable to the reader.

Word Use

e words used in an ordinance can help the readers’ understanding of its meaning. Simple lan-

guage used to make clear, accurate statements is usually the best approach to take; long, bureau-

cratic words and phrases should be avoided. Here are some examples of how a simpler term can

be substituted for a more bureaucratic term:

begin instead of commence

before instead of prior to

get instead of procure

if instead of provided that

keep instead of retain

the instead of said

end instead of terminate

See, e.g., Myrick v. Pierce County Commissioners, 102 Wn.2d 698, 687 P.2d 1152 (1984) (expression “fully clothed” is

vague; persons of common intelligence must guess as to its meaning and thus may dier as to its application); Spokane v. Fischer,

110 Wn.2d 541, 754 P.2d 1241 (1988) (words “disturb or annoy” deemed vague); see, also, Seattle v. Eze, 111 Wn.2d 22, 759 P.2d

366 (1988) (language prohibiting “unreasonably” disturbing others with “loud or raucous behavior” is not vague).

“Draing Plain English Ordinance,” published in the Kansas Government Journal, August 1984, pp. 9-10.

E. A. Dreidger, “Legislative Draing,” 27 Canadian Bar Review 291 (1949), as reported in 1A Sutherland, Statutory

Construction, at pp. 609-636.

is section is based upon a suggestion included in “Draing Plain English Ordinances,” supra at pp. 9-10.

19Local Ordinances for Washington Cities and Counties

Some words should avoided altogether; for example:

Aforesaid, henceforth, hereby, herein, hereinaer, hereinaer referred to, hereinbefore,

insofaras.

Superuous words or material should likewise be avoided; once a point is made, it is not neces-

sary to repeat the thought. For example, once it is said that it is unlawful to violate an ordinance,

it is not necessary to further prohibit the contravention or failure to observe the provision.

State an Idea in the Positive

If an idea can be expressed in either a negative or a positive manner, it is better to use the positive.

For example, instead of saying “this section does not apply to . . .,” the same idea could be stated

“this section applies only to . . ..”

As initially indicated, the rules or suggestions listed above are not mandatory. e best style to use

is the one the draer feels comfortable with, the one that makes sense and clearly expresses the

thought desired, and the one which reects the wishes of the legislative body.

Sections

Organize the ordinance into sections that contain a single idea. Provide each section with a de-

scriptive short heading.

For addition language substitutions, see Appendix A.

20 Local Ordinances for Washington Cities and Counties

Adoption Procedures

Once an idea has been draed into ordinance form, it is ready to be

enacted by the county, city or town legislative body. is chapter re-

views the procedures that should – or must – be followed for a valid

enactment.

Initiation and Presentation

State statutes are silent as to how ordinances are to be initiated.

us, absent a charter provision detailing the process, each legisla-

tive body may determine the manner that must or should be used.

Typically, when an ordinance has originated within the legislative

body, the ordinance is presented to the clerk, who reads its title. e

clerk’s reading is usually considered to be the “rst reading.” e

ordinance’s “second reading,” which also is oen by title only, usu-

ally occurs when the ordinance is up for general discussion by the

entire legislative body.

ere is no statutory requirement that an ordinance be “read.”

Similarly, if an ordinance is read, there is no requirement (or limita-

tion) that it be read by title only. Both considerations are frequently

covered by local rules. If a local rule has been adopted, that rule

should be followed.

While there is no requirement that an ordinance be “read,” it nev-

ertheless may be a good idea to do so. A reading provides both the

legislative body and members of the public with notice of the topic

under consideration. In addition, requiring that an ordinance be

“read” helps avoid haste in the body’s deliberations.

Public Hearing

Unless a public hearing before adopting an ordinance is required

by statute,

none is required, and there are relatively few instances

when one is required, considering the large number of issues a

Ordinances may, at least in some jurisdictions, be initiated through an

initiative process. e subject of initiative and referendum is discussed later in this

chapter and, more specically, in MRSC publication, Initiative and Referendum Guide

for Washington Cities and Charter Counties, (June 2014).

See McQuillin, Municipal Corporations, § 16:27.

See Appendix C.

CHAPTER THREE

21Local Ordinances for Washington Cities and Counties

council or board of commissioners routinely considers.

A council or commission, however, may

want to conduct hearings even when not required to do so, either because a subject is controver-

sial (such as a rate increase) or because citizen comment is useful in the development of public

policy.

Final Action

When May Final Action Occur?

Except for franchise and emergency ordinances, most ordinances may be passed during the same

meeting at which they are introduced.

(Local rules and charter provisions may, however, require

a lapse of time between an ordinance’s introduction and its nal passage.)

Passage of a franchise ordinance typically requires special procedures be followed, including a

lapse of time between introduction and nal passage.

e procedures applicable to second class

cities are fairly typical, although not universal:

1. Neither an ordinance nor a resolution granting a franchise may be passed on the day of its

introduction nor for ve days thereaer.

2. Passage may only occur at a regular meeting.

3. e franchise ordinance or resolution must be submitted rst to the city attorney.

4. Passage requires an armative vote of at least ve members of the city council.

A legislative body may also need to follow special procedures to enact an emergency ordinance.

For example, passage of a “public emergency ordinance”

in a code city requires a vote of a ma-

jority plus one of the whole city council.

(If the code city has adopted the powers of initiative

One important distinction between board of commissioners and city councils is that boards must conduct a hearing

before adopt police and sanitary regulations. RCW 36.32.120(7).

To this general eect, see Raborn v. Mish, 12 Wash. 167, 40 Pac. 731 (1895); State v. Lovelace, 118 Wash. 50, 203 Pac. 18

(1921) and AGO 1947-48 No. 127b.

See, for example, Bellingham City Charter § 3.04 (at least one week must elapse between introduction and passage);

Vancouver City Charter § 2.13 (ordinance must be published at least three days before hearing); King County Charter § 230.10

requires a lapse of seven days and a public hearing between an ordinance=s introduction and adoption, except for emergencies.

See RCW 35.23.251 for second class cities, RCW 35.27.330 for towns, RCW 35.17.220 for cities operating under the

commission form of government, and RCW 35A.47.040 for code cities. RCW 36.55.040 and RCW 80.32.010 deal with franchises

in counties.

RCW 35.23.251. Reference should be made to the statutes applicable to each class of city, town, or county since proce-

dures, while similar, do dier. For rst class cities and counties, reference should be made to the charter and, for each jurisdiction,

local rules and ordinances should be reviewed to make sure what local requirements have been placed on the passage of a fran-

chise ordinance, if any.

For the passage of a franchise ordinance, ve votes are required in a second class city (RCW 35.23.251), three in a town

(RCW 35.27.330) and a majority of the whole membership in a code city (RCW 35A.12.120 and RCW 35A.13.170).

A “public emergency ordinance@ is an ordinance necessary for the protection of the public health, public safety, public

property, or the public peace.” RCW 35A.12.130. It may not be used to levy taxes; grant, renew or extend a franchise; or authorize

the borrowing of money. Id.

RCW 35A.12.130.

22 Local Ordinances for Washington Cities and Counties

and referendum, the vote must be unanimous and include a statement of urgency.)

A public

emergency ordinance goes into eect upon adoption. Special procedures apply to budgetary

emergencies as well. In a county, for example, payment of funds required by a “nondebatable

emergency,” such as might be required because of a re, ood, explosion, riot, or earthquake, are

allowed without a hearing or public notice, so long as the county commissioners have had reason-

able notice.

An emergency not amounting to a “nondebatable emergency,” which requires an

expenditure not contemplated in the budget, may be considered and approved at a meeting for

which notice of at least one week has been given, following a public hearing, subject to taxpayer

review.

How Many Votes are Required for Passage?

e number of votes required to pass an ordinance is dependent upon the classication of the

municipality, the size of its legislative body, and, in some instances, the nature of the legislation

involved

Second Class Cities

Most ordinances, as well as resolutions and orders, require an armative vote of at least four

councilmembers for passage.

Passage of a franchise ordinance requires the vote of at least ve

councilmembers.

An ordinance providing for an emergency expenditure must be approved by a

majority plus one of the legislative body.

Towns

Most ordinances may be enacted by majority vote of the councilmembers present at a meeting,

once a quorum has been established.

us, if three members are present, an armative vote by

two members would be sucient to pass an ordinance, except as noted below.

RCW 35A.11.090(2).

RCW 36.40.180. e resolution providing for the expenditure must state the facts constituting the emergency and be

unanimously adopted; the facts must also be placed into the commission meeting minutes. A nondebatable emergency ordinance

may also be used to approve an expenditure to restore public property, pay approved claims for property damage or personal in-

jury, or meet expenditures required by law. See also RCW 35.33.081 and 35A.33.080 for cities and towns. (e authority for a city

or town to declare a nondebatable emergency also extends to the payment of expenses associated with adopting a new form of

government and for recruitment. Id.)

RCW 36.40.140; taxpayer review is provided for in RCW 36.40.150 -.170. Similar authority is provided for cities and

towns by RCW 35.33.091 and 35A.33.090 (the ordinance may not be voted upon for ve days following its introduction; a hearing

is required; and the expenditure must be approved by a majority of the entire legislative body, plus one). See RCW 35.17.200 and

.210 for cities operating under the commission form of government.

RCW 35.23.211.

RCW 35.23.251.

RCW 35.33.081 and 35.33.091.

RCW 35.27.270 and AGO 1976 No. 7.

AGO 1976 No. 7.

23Local Ordinances for Washington Cities and Counties

A franchise ordinance requires at least three armative votes,

as does a resolution or order call-

ing for the payment of money.

Ordinances providing for emergency expenditures must be ap-

proved by a vote of one more than a majority of all members of the legislative body.

Code Cities

e passage of any ordinance, grant or revocation of a franchise or license, and any resolution for

the payment of money requires an armative vote of at least a majority of the whole membership

of the council.

Public emergency ordinances, necessary for the protection of public health, public safety, public

property, or public peace, may take eect immediately upon nal passage, instead of aer a de-

lay of ve days, if the ordinance is passed by a majority plus one of the whole membership of the

council.

An ordinance providing for an emergency expenditure requires a majority plus one vote of all

councilmembers.

Cities Operating under the Commission Plan

ere must be a quorum of two commissioners to act, and two armative votes are needed to

adopt any motion, resolution, ordinance, or course of action.

Non-Code Cities and Towns Operating under the Council-Manager Plan

A second class city or a town operating under the council-manager plan of government is gov-

erned by RCW 35.18.180 for most voting situations. at statute provides in part:

No ordinance, resolution or order, including those granting a franchise or valuable privi-

lege, shall have any validity or eect unless passed by an armative vote of at least a ma-

jority of the members of the city or town council.

RCW 35.27.330.

RCW 35.27.270.

RCW 35.33.081 and 35.33.091.

RCW 35A.12.120 and 35A.13.170.

RCW 35A.12.130.

RCW 35A.33.080 and 35A.33.090.

RCW 35.17.180.

24 Local Ordinances for Washington Cities and Counties

Special situations are governed by the provisions applicable to the class of municipality involved.

Emergency expenditure ordinances require a vote of at least one more than a majority of all mem-

bers of the legislative body.

First Class Cities

For the most part, reference should be made to the city charter of a rst class city to determine

the number of votes necessary to pass an ordinance.

Emergency expenditure ordinances for rst

class cities with a population less than 300,000 are governed by RCW 35.33.081 and 35.33.091;

cities with a population greater than 300,000 (Seattle) are governed by RCW 35.32A.060.

Counties

e county statutes do not specify, at least for the most part, how many votes are needed to pass

an ordinance. Under common law, a majority vote is sucient for action, assuming a quorum

is present.

us, if there are three commissioners, two must vote armatively to pass an ordi-

nance. If only two commissioners are present and there is a division between the two, the matter

under consideration “shall be postponed to the next subsequent meeting.”

Expenditures for emergencies, such as oods, res, and earthquakes, requiring an emergency ex-

penditure, for which no hearing is held, require a unanimous vote of the commissioners present.

Other emergency expenditure ordinances may be approved by a majority vote of those present.

In charter counties, reference should be made to the charter to determine what voting require-

ments apply.

Veto

e mayor or county executive has veto power only when and to the extent the power has been

vested in the position by law.

Excluding rst class cities and home rule counties, which are gov-

RCW 35.18.030.

RCW 35.33.081 and 35.33.091.

See, e.g., Aberdeen City Charter § 36; Tacoma City Charter § 2.12; Vancouver City Charter § 2.15; Yakima City Charter

Art. V, § 2.

See McQuillin, Municipal Corporations, § 13:40 and Rhyne, e Law of Local Government Operations, § 5.6; see gener-

ally AGO 1976 No. 7.

RCW 36.32.130.

RCW 36.40.180.

RCW 36.40.140.

In King County, for example, a minimum of seven armative votes is required to adopt an ordinance. King County

Charter § 230.10. In Snohomish County, a minimum of three armative votes is required. Snohomish County Charter § 2.110. A

vote by a majority of the whole council is needed in Whatcom County. Whatcom County Charter § 2.22.

See McQuillin, Municipal Corporations, § 16:39; see also State ex rel. Prosser Falls Land and Irrigation Co. v. Taylor, 36

Wash. 607, 79 Pac. 286 (1905).

25Local Ordinances for Washington Cities and Counties

erned by their individual charters,

the veto power is granted only to mayors in second class cit-

ies

and code cities organized under the mayor-council plan of government.

By way of illustration, each ordinance passed by the city council in a second class city is presented

to the mayor for signature. If the mayor disapproves, he or she returns the ordinance to the city

council along with written objections. e council enters the objections in its minutes and then

proceeds to reconsider the ordinance. If, upon reconsideration, ve councilmembers vote in favor

of passage, the ordinance becomes valid despite the mayor’s veto. If the mayor fails for ten days to

either approve or veto the ordinance, it becomes valid without approval.

e procedure appli-

cable to code cities under the mayor-council plan is similar, with a vote of a majority plus one of

the whole council necessary to override a veto.

Signature and Attestation

Once passed, ordinances typically must be signed and attested.

Reference should be made to the

city or county charter for particular rules; the rules applicable to other jurisdictions follow:

• In a second class city

or a town,

each ordinance is signed by the mayor and attested to

by the clerk.

• In a code city, ordinances are signed by the mayor

and “authenticated by the clerk.”

• In a second class city or a town operating under the council-manager plan of government,

ordinances are signed by the mayor or by two councilmembers and then led and record-

ed by the clerk.

• Ordinances passed in a city with the commission form of government are either signed by

the mayor or two commissioners.

en, typically, the signed ordinance will be attested to

by the clerk.

See e.g., Bellingham City Charter Art. IV, § 4.03; Everett City Charter § 4.1; Spokane City Charter § 15; Snohomish

County Charter § 2.110; King County Charter § 230.70; and Whatcom County Charter § 2.30.

RCW 35.23.211.

RCW 35A.12.100 and 35A.12.130.

RCW 35.23.211.

RCW 35A.12.130.

An “attestation” is an ocial authentication by signature indicating personal knowledge that the document was signed

by the mayor or mayor pro tempore and that the signature is valid. See, generally, In re Estate of Price, 73 Wn. App. 745, 871 P.2d

1079 (1994).

RCW 35.23.211.

RCW 35.27.290.

RCW 35A.12.130 and 35A.13.200.

RCW 35A.12.150 and 35A.13.200.

RCW 35.18.180.

RCW 35.17.190.

26 Local Ordinances for Washington Cities and Counties

• e county statutes do not specically discuss passage of an ordinance; the chair of the

board, however, signs all documents requiring signature of the board.

For home rule

counties, reference should be made to the county charters.

Publication

All cities and towns are required to publish every ordinance in their ocial newspaper. In lieu of

publishing an entire ordinance, a city or town may publish a summary.

If a city chooses to pub-

lish a summary, the summary should provide “a brief description which describes the main points

of the ordinance” and include a statement that the full text of the ordinance will be mailed upon

request.

e county statutes are not as specic. RCW 36.32.120(7) requires counties provide advance no-

tice of proposed police or sanitary regulations prior to adoption by the legislative body. e notice

may either set out a copy of the regulation or summarize its content.

Publication is also required

for the comprehensive plan, development regulations, and shoreline master plan.

e ocial newspaper of a city or town should be a “legal newspaper,”

100

designated by

resolution,

101

and, for second class cities, towns, and code cities under 20,000 population, selected

as result of a competitive bid process.

102

Annually counties must select a “legal newspaper” to

serve as the ocial county newspaper.

103

An inadvertent error in the publication of the text or summary of an ordinance will not invalidate

the ordinance.

104

Initiative and Referendum

e power of the public to initiate ordinances by petition or to have enacted ordinances referred

to the voters is not universally available. In fact, the powers of initiative and referendum are only

RCW 36.32.100.

See RCW 35.22.288 (rst class cities); RCW 35.23.221 (second class cities); RCW 35.27.300 (towns); and

RCW35A.12.160 and 35A.13.200 (code cities).

Id.

RCW 36.32.120(7). RCW 65.16.160(1) also provides for the publication by a county of an ordinance summary, but

its provisions only apply if the statute requiring the publication does not otherwise provide for the publication of a summary. See

Leavitt v. Jeerson County, 74 Wn. App. 668, 682, 875 P.2d 681 (1994).

RCW 36.70A.290(2).

100

See RCW 65.16.020.

101

RCW 35.21.875 and 35A.21.230.

102

RCW 35.23.352(7) and 35A.40.210(2).

103

RCW 36.72.075.

104

See, e.g., RCW 35.22.288 (rst class cities) and RCW 35.23.221 (second class cities); see also Bale v. City of Auburn, 87

Wn. App. 205, 941 P.2d 671 (1997) (an otherwise valid municipal ordinance that is defective because it was enacted in violation of

a mandatory procedural rule, such as required publication, may be ratied by a later-enacted ordinance that satises all procedural

requirements.)

27Local Ordinances for Washington Cities and Counties

available in rst class

105

and code cities,

106

and in cities or towns organized under the commission

plan of government.

107

e powers of initiative and referendum are also available in the home rule

counties.

108

Initiative and referendum procedures in rst class cities and home rule counties are controlled by

each city’s or county’s charter. Cities operating under the commission plan of government auto-

matically have the powers of initiative and referendum,

109

and the powers are exercised according

to RCW 35.17.240 - .360. Code cities do not automatically have the powers of initiative and ref-

erendum,

110

but once such powers have been acquired, they are exercised according to the proce-

dures governing commission cities.

111

For information on how the powers of initiative and referendum can be acquired and how, once

acquired, such powers can be exercised, see MRSC publication, Initiative and Referendum Guide

for Washington Cities and Charter Counties (June 2014).

Adoption by Reference

All counties, cities, and towns have been authorized to adopt statutes, codes, compilations, and

certain other materials by reference.

112

e materials adopted by reference need not be published,

although the ordinance adopting the material by reference must be published. In addition, not

less than one copy of the item adopted by reference must be led with the county auditor or, in

the case of cities and towns, with the clerk for public inspection and use; additional copies may be

led in the library, city oces, or at other locations, as the legislative body may determine.

e general rule is that a statute (or regulation, etc.) adopted by reference remains unchanged af-

ter it is adopted, even though the statute itself may be later amended.

113

is general rule does not

105

See RCW 35.22.200 and Aberdeen City Charter § 56; Bellingham City Charter Article X; Bremerton City Charter Ar-

ticle XIII; Everett City Charter Article XI; Richland City Charter §§ 3.08-3.10; Seattle City Charter Article IX; Tacoma City Char-

ter §§ 2.18-2.25; Yakima City Charter Article IV; and Vancouver City Charter Article X.

106

RCW 35A.11.080 - .100.

107

RCW 35.17.240 - .360.

108

See, e.g., King County Charter §§ 230.40 and 230.50; Snohomish County Charter §§ 5.20 and 5.60; and Whatcom

County Charter §§ 5.20 and 5.60.

109

RCW 35.17.240 provides for public referenda of ordinances, and RCW 35.17.260 provides the public with the ability

to initiate legislation.

110

RCW 35A.11.080.

111

RCW 35A.11.100.

112

RCW 36.32.120(7), 35.21.180, 35A.12.140, and 35A.13.180.

113

See Pacic First Federal Savings & Loan Association v. Pierce County, 27 Wn.2d 347, 355, 178 P.2d 351 (1947). See, also,

State v. Dougall, 89 Wn.2d 118, 570 Pd 135 (1977) and Yelle v. Bishop, 55 Wn.2d 286, 303, 347 P.2d 1081 (1959).

28 Local Ordinances for Washington Cities and Counties

apply, however, if the statute authorizing adoption by reference also allows for future amendments

of the referenced material to be automatically adopted.

114

Deﬁciencies of Form

Deciencies in the form of an ordinance or resolution adopted by the legislative body of a code

city will not aect the validity of the ordinance or resolution, if the following requirements are

met:

1. e purpose and intent of the ordinance or resolution are clear;

2. Any regulatory or procedural provisions are expressed in clear and unambiguous terms,

or the legislative intent can be determined by the usual methods of judicial construction.

3. e legislative action was taken at an authorized public meeting held within the code city

limits at a time and place made known to residents of the city, as provided by law, and

4. e legislative body followed the prescribed procedures, if any, for the passage of such an

ordinance or resolution; or, if prescribed procedures were not strictly complied with, no

substantial detriment was incurred by any aected person by reason of the irregularity.

115

If the above requirements are met, brevity and awkwardness of language, or defects of form not

going to the substance, or inadvertent use of an incorrect or inaccurate proper name or term shall

not invalidate the ordinance or resolution, if it is otherwise in compliance with the law.

116

ere is no similar provision for other classes of municipalities or the counties.

114

See, for example, the authorization to adopt the Model Trac Ordinance (MTO) by reference. RCW 46.90.010 pro-

vides for automatic local action for any addition to, amendment to, or repeal of the MTO or any of its sections. (Without such

statutory authority, the addition of an item to the MTO would not aect the local ordinance, absent a separate action. See Jenkins

v. Bellingham Municipal Court, 95 Wn.2d 574, 627 P.2d 1316 (1981).)

115

In Bale v. City of Auburn, 87 Wn. App. 205, 941 P.2d 671 (1997), the court upheld an ordinance which had not been

published, as was required, since the city had reenacted the ordinance, ratifying and conrming the original enactment.

116

RCW 35A.21.010.

29Local Ordinances for Washington Cities and Counties

Appendix A

Subjects Requiring Use of an Ordinance by County Legislative Authority

e following statutes either require an ordinance be adopted to accomplish the purpose indi-

cated or suggest that one is required.

Statute Subject

RCW 36.32.480 Create emergency medical services district

RCW 36.32.520 and .560 Implementation of family – and mini-day care facilities

review ndings; residential care facilities

RCW 36.36.035 Reduced rates for low-income persons (water/sewer in

aquifer protection area)

RCW 36.38.010 - .020 Levy an admissions tax

RCW 36.58.040 Create system for solid waste handling, award of contract

for collection of recyclables

RCW 36.38.030 Levy of admissions tax

RCW 36.58.120 Establish solid waste disposal district

RCW 36.61.060, .100, .110, .130

and 200

Creation of lake management districts, assessments

RCW 36.70.030, .040 and .070 Create planning commission and planning department

RCW 36.70.200, .210, .810 - .860 Create board of adjustment

RCW 36.70.675 Implement ndings of child care facilities review

RCW 36.70 .730 and .750 Establishing zoning classications, regulations

RCW 36.70.795 and 36.70A.390* Interim zoning

RCW 36.70.970 and 36.70.780 Zoning

RCW 36.70.550 - .560, .570 and

.640

Zoning controls, maps, and regulations

RCW 36.70.755 Implement study of the need and demand for residential

care facilities

RCW 36.70.940 Change planning statutes, chapter 35.63 RCW to chapter

36.70 RCW

RCW 36.87.120 Road vacations, establish compensation

RCW 36.88.062, .076, .078, and

.095

Formation of county road improvement district; assess-

ments, reimbursement accounts; creating assessment

committee

RCW 36.88.235 Transfer of assets from LID guarantee fund to general

fund

RCW 36.94.220 Establish LID and ULID for water, sewer

RCW 36.94.260 Establishing ocer to hear LID, ULID appeals

RCW 36.94.370 Delay of tap-in charges, connection fees for low-income

30 Local Ordinances for Washington Cities and Counties

Statute Subject

RCW 36.94.420 Transfer of water/sewer system to water-sewer district

RCW 36.96.040 - .050, and .800 Dissolution of inactive special purpose districts

RCW 36.96.800 Dissolution of inactive drainage and drainage improve-

ment districts

*But see RCW 36.70.020(12) which denes ordinances and resolutions as being synonymous with

legislative enactments of the board of county commissioners.

31Local Ordinances for Washington Cities and Counties

Appendix B

Substitutes for Commonly-Used Words and Phrases

the applicant shall be accorded; the

opportunity to be hear

the applicant shall be heard

the council shall aord the opportunity the council shall allow

the aforesaid vehicle; the above-mentioned

vehicle; the said vehicle

the vehicle

ne and/or imprisonment ne or imprisonment or both

at such time as when

at the place where where

attains the age of sixteen becomes sixteen years of age

the clerk be, and she hereby is, directed to the clerk shall

when the council shall be of the opinion that when the council determines

the council may constitute and appoint a

board

the council may appoint a board

due to the fact that notice was not received because noticed was not received

during such time as the position remains

vacant

while the position is vacant

each and every councilmember may a councilmember may

if the applicant shall fail, refuse or neglect to

le

if the applicant does not le

shall make a full and complete report to shall report to

the clerk shall give consideration to the

report

the clerk shall consider the report

if any person shall violate the provisions of a violation of the provisions

in the event that the meeting falls on a holiday if the meeting falls on a holiday

the city manager is authorized and directed to the city manager may (or shall, depending on

the intent)

it shall be re marshal’s duty to the re marshal shall

it shall be unlawful to no person shall

it shall be lawful to a person may

when the municipal judge shall order,

adjudge, and decree

when the municipal judge orders

as allowed by the provisions of state law as provided by state law

unless and until the council determines until (or unless, depending on the intent) the

council determines

the chair is able to the chair can

at this point in time now

32 Local Ordinances for Washington Cities and Counties

e following words, for which there are no substitutes, should not be used:

• forthwith

• henceforth

• hereby

• herein

• hereinabove

• hereinbelow

• heretofore

• thenceforth

• thereupon

• therewith

• to wit

• whatsoever

• whensoever

• wheresoever

• whichsoever

Note: e above list has been compiled from the Manual for Ordinance Draing and Mainte-

nance, prepared by the Bureau of Governmental Research and Service of the University of Or-

egon, in cooperation with the League of Oregon Cities (1980), and a presentation titled “Being

Clear is Being Good – Draing Good Ordinances and Resolutions and Knowing the Dierence,”

by Fay D. Dupuis, given at the 1988 IMLA Annual Conference.

at the present time now

by and between between

deem consider

each and every each

eectuate carry out

full and complete total

maintain continue

on or before By

per anum a year

provided, however provided

prior to before

terminate end

ulilize use

33Local Ordinances for Washington Cities and Counties

Appendix C

Actions for Which a Public Hearing Is Required

e following lists set out some of the subjects or actions for which the legislative body must

conduct a public hearing; the list is not necessarily all-inclusive. ere may be other subjects for

which a hearing may be politically or practically appropriate, but not legally required, such as be-

fore an increase in a rate or fee.

Counties

RCW 16.10.030 Establishment of a dog control zone

RCW 35.13.040 Election method annexations

RCW 35.13.470 Annexation of territory within urban growth areas by interlocal

agreement*

RCW 35.13.480 Annexation of territory within urban growth areas – county initiated

process*

RCW 35.13.490 Annexation of territory used for an agricultural fair

RCW 35.58.080 Formation of metropolitan municipal corporation

RCW 35.58.2795 Six-year transit plans*

RCW 35.81.060 Community renewal plan*

RCW 35.81.090 Community renewal plan – extension of period*

RCW 35.87A.040 Establishment of parking and business improvement areas*

RCW 35.87A.140 Change in assessment rate for parking and business improvement areas*

RCW 35.87A.180 Disestablishment of parking and business improvement areas*

RCW 35.101.030 Tourism promotion areas – resolution of intent to establish*

RCW 35.101.140 Tourism promotion areas – disestablishment*

RCW 35A.14.460 Annexation of territory within urban growth areas – interlocal

agreement*

RCW 35A.14.470 Annexation of territory within urban growth areas – county initiated

process*

RCW 35A.14.490 Annexation of territory used for an agricultural fair

RCW 36.32.120 Adopt police and sanitary regulations

RCW 36.32.480 Creation of emergency medical service districts

RCW 36.33.040 Transfer of funds from abandoned/nonexistent cumulative reserve funds

RCW 36.34.005 Establishment of comprehensive procedures for management of county

property

RCW 36.34.040 Disposal of county property

RCW 36.34.160 Lease of county property

RCW 36.34.330 Exchange of county real property for privately owned real property

RCW 36.36.020 Creation of aquifer protection area

RCW 36.40.070 Budget hearing

34 Local Ordinances for Washington Cities and Counties

Counties

RCW 36.40.140 Emergencies subject to hearing

RCW 36.40.250 Biennial budgets – proposed property tax levies

RCW 36.54.110 Creation of county ferry districts

RCW 36.55.040 Bridge or road franchise application

RCW 36.56.030 Assumption of rights, powers, functions, and obligations of metropolitan

municipal corporation

RCW 36.58.090 Contracts with vendors for solid waste handling systems

RCW 36.58.110 Solid waste disposal district – establishment, modication, or dissolution

RCW 36.58A.020 Establishment, modication or dissolution of solid waste collection

district

RCW 36.60.020 Establishment, modication, or dissolution of county rail district

RCW 36.60.120 Establishment, modication, or dissolution of county rail district – alter-

nate method (by petition)

RCW 36.61.030 Creation of lake and beach management district – resolution or petition

RCW 36.61.120 Lake and beach management district – adoption of special assessment

roll

RCW 36.61.270 Lake and beach management district – imposition of rates and charges

RCW 36.61.300 Acquisition of real property or property rights – amendment and modi-

cation of plan for the lake and beach management district

RCW 36.68.010 Parks and recreational facilities – disposition of surplus park property

RCW 36.68.440 Parks and recreational facilities – feasibility and cost studies of proposed

service area

RCW 36.69.040 Formation of a park and recreation district

RCW 36.69.440 Joint park and recreation district – petition for formation

RCW 36.70.110 Planning commission – removal of member

RCW 36.70.440 Lapse or failure by planning agency to submit report on changes to com-

prehensive plan

RCW 36.70.630 Changes to recommendation of ocial controls for comprehensive plan

by board of commissioners

RCW 36.70.795 Hearing within at least sixty days of adoption of moratorium, interim

zoning map, interim zoning ordinance, or interim ocial control

RCW 36.70A.110 Adoption of interim urban growth areas

RCW 36.70A.130 Review of comprehensive land use plan

RCW 36.70A.140 Public participation program for GMA planning*

RCW 36.70A.210 Adoption of countywide planning policy

RCW 36.70A.390 Hearing following adoption of moratoria, interim zoning without prior

hearing*

RCW 36.70A.540 Aordable housing incentive programs – establishing income levels for

occupants*

35Local Ordinances for Washington Cities and Counties

Counties

RCW 36.70B.200 Approval of development agreement*

RCW 36.73.050 Establish, change boundaries, or dissolve transportation benet district*

RCW 36.73.160 Transportation improvement cost exceeds cost designated in original -

nance plan by >20% (only applies to cities or counties that have assumed

the rights, powers, functions, and obligations of a transportation benet

district)*

RCW 36.73.180 Receipt of petition for supplemental transportation improvements (only

applies to cities or counties that have assumed the rights, powers, func-

tions, and obligations of a transportation benet district)*

RCW 36.75.190 Publication of engineer’s report on construction or acquisition of

bridge or trestle that crosses any topographical feature that constitutes a

boundary

RCW 36.81.070 County road engineer report – new road

RCW 36.81.121 Six-year comprehensive transportation program

RCW 36.82.200 County road budget — hearing, adoption, supplemental budget

RCW 36.83.020 Road and bridge service district – establishment, modication of bound-

aries, dissolution

RCW 36.83.120 Road and bridge service district – establishment, modication of bound-

aries, dissolution

RCW 36.87.060 Vacation or abandonment of county road

RCW 36.88.030 Formation of district – by resolution of intention – procedure

RCW 36.88.050 Formation of district – by petition – procedure

RCW 36.88.060 County road improvement district – formation by resolution of intention

or by petition

RCW 36.88.090 County road improvement district – assessment roll

RCW 36.88.450 Underground electric and communication facilities – installation or

conversion

RCW 36.94.020 Adopt on-site inspection/maintenance utility

RCW 36.94.080 Adoption, amendment, or rejection of proposed water/sewer general plan

RCW 36.94.240 Utility local improvement districts – formation by petition or initiative

RCW 36.94.260 Utility local improvement districts – protests to an assessment

RCW 36.94.420 Transfer of water-sewer system from county to water-sewer district

RCW 36.95.200 Television reception improvement districts – dissolution by resolution

RCW 36.96.030 Determination of inactive special purpose districts

RCW 36.105.040 Creation of community council

RCW 36.115.040 Adoption of service agreement

RCW 36.145.030 Community facilities districts – formation by petition*

RCW 36.150.030 County ferry districts – assumption of rights, powers, functions,

obligations

36 Local Ordinances for Washington Cities and Counties

Counties

RCW 39.10.385 General contractor/construction manager procedure – alternative sub-

contractor selection process*

RCW 39.10.400 General contractor/construction manager procedure – prebid determina-

tion of subcontractor eligibility*

RCW 39.33.020 Disposition of surplus property with an estimated value > $50,000 (how-

ever, AGO 1997 No. 5 concludes that this requirement only applies to

intergovernmental transfers of property)*

RCW 39.64.080 Taxing district powers under plan of readjustment*

RCW 39.88.040 Procedure for adoption of public improvement*

RCW 39.89.050 Procedure for creating increment area*

RCW 39.92.030 Transportation improvement programs*

RCW 39.100.020 Conditions for nancing public improvements using hospital benet

zone nancing*

RCW 39.100.030 Creation of a benet zone*

RCW 39.102.090 Adoption of a revenue development area*

RCW 39.104.040 Creation of revitalization area*

RCW 52.02.040 Fire protection district formation

RCW 58.17.090 Preliminary plat approval*

RCW 58.17.215 Alteration of a subdivision*

RCW 58.17.225 Grant of easement over public open space*

RCW 67.38.030 Creation of cultural arts, stadium, and convention districts

RCW 68.52.110 Cemetery district formation

RCW 84.34.037 Applications for the classication or reclassication of land

RCW 84.55.120 Adoption of tax increase by ordinance or resolution*

RCW 85.15.040 Creation of diking, draining, and sewerage improvement districts

RCW 85.16.060 Determination of special benets accruing from the maintenance of im-

provement districts

RCW 85.38.040 Proposed special districts – diking, drainage, and ood control facilities

and services

RCW 85.38.160 Systems of assessment – diking, drainage, and ood control facilities and

services

RCW 87.03.020 Formation of irrigation district

RCW 87.80.040 Joint control of irrigation districts

RCW 87.84.030 Formation of irrigation and rehabilitation districts

RCW 90.58.590 Adoption of moratoria by local governments*

*Public hearing requirement applies to both city (or town) and county legislative bodies.

37Local Ordinances for Washington Cities and Counties

Cities and Towns

RCW 35.02.132 Budget for newly-incorporated city or town

RCW 35.10.217 Consolidation or annexation to another city/town

RCW 35.13.140 Direct petition annexations

RCW 35.13.178 Comprehensive land use plan for area to be annexed

RCW 35.13.182 Annexation of an unincorporated island

RCW 35.13.238 Annexation of territory served by re protection districts

RCW 35.13.256 Annexation of territory served by re protection districts benet charge

RCW 35.13.430 Alternative direct petition method annexation

RCW 35.13.470 Annexation of territory within urban growth areas by interlocal

agreement*

RCW 35.13.480 Annexation of territory within urban growth areas – county initiated

process*

RCW 35.13A.080 Dissolution of a water district

RCW 35.18.130 Removal of city manager

RCW 35.21.156 Contract for solid waste handling

RCW 35.21.530 Codify or compile ordinances

RCW 35.21.762 Create urban emergency medical services district

RCW 35.21.766 Allocation of general fund revenues for ambulance service utility

RCW 35.21.925 Supplemental transportation improvements by a city

RCW 35.27.590 Establishment of o-street parking space or facility by town

RCW 35.32A.040 Consideration of proposed budget in cities over three hundred thousand

RCW 35.33.057 Hearings on the annual budget

RCW 35.33.071 Adopt annual budget

RCW 35.34.090 Hearings on the biennial budget

RCW 35.34.110 Adopt biennial budget

RCW 35.34.130 Mid-biennial budget review and modication

RCW 35.43.125 Creation of local improvement district

RCW 35.43.140 Local improvement paid for by levy or assessment within improvement

district

RCW 35.43.150 Approve local improvement district

RCW 35.44.070 Approve LID assessment role

RCW 35.55.070 Approve LID to ll low land

RCW 35.55.160 Excess or deciency of funding for contract for improvement

RCW 35.56.080 Approve LID to ll or drain lowland

RCW 35.56.170 Excess or deciency of funding for contract for improvement

RCW 35.58.2795 Six-year transit plans*

RCW 35.63.030 Removal of member of planning commission

38 Local Ordinances for Washington Cities and Counties

Cities and Towns

RCW 35.63.120 Armance, disarmance, or modication of planning commission’s

decision

RCW 35.63.200 Adopt moratoria or interim zoning controls

RCW 35.64.010 Approval of contracts for management and operation of zoo or aquarium

RCW 35.68.020 Authorize construction, reconstruction, or repair of sidewalk, gutter, or

curbs

RCW 35.68.030 Assessment of costs of sidewalk repair on abutting property

RCW 35.68.050 Assessment roll for sidewalk repair or construction

RCW 35.70.080 Assessment roll for sidewalk repair or construction in second-class cities

and towns

RCW 35.71.040 Pedestrian mall plan

RCW 35.72.040 If requested, assessment reimbursement contracts (streets, roads)

RCW 35.73.030 Establish grade or provide for ll of property

RCW 35.77.010 Adoption and annual revision of comprehensive transportation program

RCW 35.79.010 Street vacation approval

RCW 35.79.030 Street vacation petition

RCW 35.81.060 Community renewal plan*

RCW 35.81.090 Community renewal plan – extension of period*

RCW 35.85.020 Assessment district for viaducts, elevated roadways, tunnels and subways

RCW 35.85.030 Limit of assessment – lien – priority

RCW 35.85.060 Assessment roll – viaducts, elevated roadways, tunnels and subways

RCW 35.86.050 O-street parking facility plan

RCW 35.86A.080 O-street parking – parking commission – proposed facilities with spe-

cial requirements

RCW 35.87A.040 Establishment of parking and business improvement areas*

RCW 35.87A.140 Change in assessment rate for parking and business improvement areas*

RCW 35.87A.180 Disestablishment of parking and business improvement areas*

RCW 35.92.020 Adopt on-site inspection/maintenance of sewer utility services

RCW 35.92.260 Acquisition of water rights – assessment rolls

RCW 35.94.040 Lease or sale of surplus utility property

RCW 35.96.050 Objections to converting electrical and communications facilities

underground

RCW 35.101.030 Tourism promotion areas – resolution of intent to establish*

RCW 35.101.140 Tourism promotion areas – disestablishment*

RCW 35A.13.130 Removal of city manager

RCW 35A.13.140 Removal of city manager

RCW 35A.14.020 Annexation by election method

RCW 35A.14.130 Alternative direct petition method for annexation (owners of 10% as-

sessed value of area to be annexed)

39Local Ordinances for Washington Cities and Counties

Cities and Towns

RCW 35A.14.295 Annexation of unincorporated island of territory within code city

RCW 35A.14.340 Proposed zoning regulations for annexed areas

RCW 35A.14.430 Alternative direct petition method for annexation (owners of 10% acre-

age of area to be annexed)

RCW 35A.14.460 Annexation of territory within urban growth areas – interlocal

agreement*

RCW 35A.14.470 Annexation of territory within urban growth areas – county initiated

process*

RCW 35A.14.480 Annexation of territory served by re districts – interlocal agreement

process

RCW 35A.16.080 Exclusion of agricultural land from the incorporated area of a code city

RCW 35A.33.055 Preliminary budget message

RCW 35A.33.070 Final budget

RCW 35A.33.090 Emergency expenditure ordinance

RCW 35A.34.090 Biennial budget message

RCW 35A.34.110 Final biennial budget

RCW 35A.34.130 Mid-biennial review and modication

RCW 35A.34.150 Emergency expenditure ordinance (for code cities budgeting biennially)

RCW 35A.63.070 Adopt comprehensive plan

RCW 35A.63.073 Amend the comprehensive plan

RCW 35A.63.100 Amendments to comprehensive plan, zoning ordinances

RCW 35A.63.150 Authorization to provide for additional public hearings related to plan-

ning and zoning

RCW 35A.63.220 Adoption and renewal of moratoriums or interim zoning ordinances

RCW 36.70A.140 Public participation program for GMA planning (would include

hearings)*

RCW 36.70A.390 Hearing following adoption of moratoria, interim zoning without prior

hearing*

RCW 36.70A.540 Aordable housing incentive programs – establishing income levels for

occupants*

RCW 36.70B.200 Approval of development agreement*

RCW 36.73.050 Establish, change boundaries, or dissolve transportation benet district*

RCW 36.73.160 Transportation improvement cost exceeds cost designated in original -

nance Plan by >20% (only applies to cities or counties that have assumed

the rights, powers, functions, and obligations of a transportation benet

district)*

RCW 36.73.180 Receipt of petition for supplemental transportation improvements* (only

applies to cities or counties that have assumed the rights, powers, func-

tions, and obligations of a transportation benet district)*

40 Local Ordinances for Washington Cities and Counties

Cities and Towns

RCW 36.120.210 Findings and recommendations for Alaskan Way Viaduct and Seattle

Seawall improvements

RCW 36.145.030 Community facilities districts – formation by petition*

RCW 39.10.385 General contractor/construction manager procedure – alternative sub-

contractor selection process*

RCW 39.10.400 General contractor/construction manager procedure – prebid determina-

tion of subcontractor eligibility*

RCW 39.33.020 Disposition of surplus property with an estimated value > $50,000 (how-

ever, AGO 1997 No. 5 concludes that this requirement only applies to

intergovernmental transfers of property)*

RCW 39.64.080 Taxing district powers under plan of readjustment*

RCW 39.88.040 Procedure for adoption of public improvement*

RCW 39.89.050 Procedure for creating increment area*

RCW 39.92.030 Transportation improvement programs*

RCW 39.100.020 Conditions for nancing public improvements using hospital benet

zone nancing*

RCW 39.100.030 Creation of a benet zone*

RCW 39.102.090 Adoption of a revenue development area*

RCW 39.104.040 Creation of revitalization area*

RCW 39.108.010 Creation of a local infrastructure project area

RCW 58.17.090 Preliminary plat approval*

RCW 58.17.215 Alteration of a subdivision*

RCW 58.17.225 Grant of easement over public open space*

RCW 84.55.120 Adoption of property tax increase by ordinance or resolution*

RCW 90.58.590 Adoption of moratoria by local governments*

* Public hearing requirement applies to both city (or town) and county legislative bodies.