Title 35 — Title 35 CITIES AND TOWNS
49 chapters · 1,261 sections in this title.
RCW 35.23.010 Rights, powers, and privileges—Exchange of park purpose property.
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Every city of the second class shall be entitled "City of . . . . . ." (naming it), and by such name shall have perpetual succession; may sue and be sued in all courts and in all proceedings; shall have and use a common seal which it may alter at pleasure; may acquire, hold, leas…
RCW 35.23.021 City officers enumerated—Compensation—Appointment and removal.
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The government of a second-class city shall be vested in a mayor, a city council of seven members, a city attorney, a clerk, a treasurer, all elective; and a chief of police, municipal judge, city engineer, street superintendent, health officer and such other appointive officers …
RCW 35.23.031 Eligibility to hold elective office.
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No person is eligible to hold an elective office in a second-class city unless the person is a resident and registered voter in the city.[ 1997 c 361 s 7.]
RCW 35.23.051 Elections—Terms of office—Positions and wards.
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General municipal elections in second-class cities shall be held biennially in the odd-numbered years and shall be subject to general election law.The terms of office of the mayor, city attorney, clerk, and treasurer shall be four years and until their successors are elected and …
RCW 35.23.081 Oath and bond of officers.
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In a city of the second class, the treasurer, city attorney, clerk, chief of police, and such other officers as the council may require shall each, before entering upon the duties of office, take an oath of office and execute and file with the clerk an official bond in such penal…
RCW 35.23.091 Compensation of officers—Expenses—Nonstate pensions.
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The mayor and the members of the city council may be reimbursed for actual expenses incurred in the discharge of their official duties, upon presentation of a claim therefor, after allowance and approval thereof, by resolution of the city council; and each city councilmember may …
RCW 35.23.101 Vacancies.
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(1) The council of a second-class city may declare a council position vacant if the councilmember is absent for three consecutive regular meetings without permission of the council. (2) A vacancy in an elective office shall occur and shall be filled as provided in chapter 42.12 R…
RCW 35.23.111 City attorney—Duties.
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The city attorney shall advise the city authorities and officers in all legal matters pertaining to the business of the city and shall approve all ordinances as to form. He or she shall represent the city in all actions brought by or against the city or against city officials in …
RCW 35.23.121 City clerk—Duties—Deputies.
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The city clerk shall keep a full and true record of every act and proceeding of the city council and keep such books, accounts and make such reports as may be required by the state auditor. The city clerk shall record all ordinances, annexing thereto his or her certificate giving…
RCW 35.23.131 City treasurer—Duties.
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The city treasurer shall receive and safely keep all money which comes into his or her hands as treasurer, for all of which he or she shall execute triplicate receipts, one to be filed with the city clerk. He or she shall receive all money due the city and disburse it on warrants…
RCW 35.23.134 Association of sheriffs and police chiefs.
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See chapter 36.28A RCW.
RCW 35.23.141 Duty of officers collecting moneys.
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Every officer collecting or receiving any money belonging to or for the use of the city shall settle with the clerk and immediately pay it into the treasury on the order of the clerk to be credited to the fund to which it belongs.[ 1965 c 7 s 35.24.140. Prior: 1915 c 184 s 30; 18…
RCW 35.23.142 Combination of offices of treasurer with clerk—Authorized.
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The city council of any city of the second class is authorized to provide by ordinance that the office of treasurer shall be combined with that of clerk, or that the office of clerk shall be combined with that of treasurer: PROVIDED, That such ordinance shall not be voted upon un…
RCW 35.23.144 Combination of offices of treasurer with clerk—Powers of clerk.
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In the event that the office of treasurer is combined with the office of clerk so as to become the office of clerk-treasurer, the clerk shall exercise all the powers vested in and perform all the duties required to be performed by the treasurer, and in cases where the law require…
RCW 35.23.146 Combination of offices of treasurer with clerk—Powers of treasurer.
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In the event that the office of clerk is combined with the office of treasurer so as to become the office of treasurer-clerk, the treasurer shall exercise all the powers vested in and perform all the duties required to be performed by the clerk.[ 1969 c 116 s 5. Formerly RCW 35.2…
RCW 35.23.148 Combination of offices of treasurer with clerk—Ordinance—Termination of combined offices.
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The ordinance provided for combining said offices shall provide the date when the combination shall become effective, which date shall not be less than three months from the date when the ordinance becomes effective; and on and after said date the office of treasurer or clerk, as…
RCW 35.23.161 Chief of police and police department.
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*** CHANGE IN 2026 *** (SEE 5974-S2.SL) ***The department of police in a city of the second class shall be under the direction and control of the chief of police subject to the direction of the mayor. Any police officer may pursue and arrest violators of city ordinances beyond th…
RCW 35.23.170 Park commissioners.
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Councils of second-class cities and towns may provide by ordinance, for a board of park commissioners, not to exceed seven in number, to be appointed by the mayor, with the consent of the city council, from citizens of recognized fitness for such position. No commissioner shall r…
RCW 35.23.181 City council—Oath—Meetings.
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The city council and mayor shall meet in January next succeeding the date of each general municipal election, and shall take the oath of office, and shall hold regular meetings at least once during each month but not to exceed one regular meeting in each week, at such times as ma…
RCW 35.23.191 City council—Mayor pro tempore.
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The members of the city council, at their first meeting each calendar year and thereafter whenever a vacancy occurs in the office of mayor pro tempore, shall elect from among their number a mayor pro tempore, who shall hold office at the pleasure of the council and in case of the…
RCW 35.23.201 City council—Meetings—Journal.
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All meetings of the council shall be presided over by the mayor, or, in the mayor's absence, by the mayor pro tempore. The mayor shall have a vote only in the case of a tie in the votes of the councilmembers. If the clerk is absent from a council meeting, the mayor or mayor pro t…
RCW 35.23.211 Ordinances—Style—Requisites—Veto.
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The enacting clause of all ordinances in a second-class city shall be as follows: "The city council of the city of . . . . . . do ordain as follows:"No ordinance shall contain more than one subject and that must be clearly expressed in its title.No ordinance or any section thereo…
RCW 35.23.221 Ordinances—Publication—Summary—Public notice of hearings and meeting agendas.
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Promptly after adoption, the text of each ordinance or a summary of the content of each ordinance shall be published at least once in the city's official newspaper.For purposes of this section, a summary shall mean a brief description which succinctly describes the main points of…
RCW 35.23.251 Ordinances granting franchises—Requisites.
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No ordinance or resolution granting any franchise for any purpose shall be passed by the city council on the day of its introduction, nor for five days thereafter, nor at any other than a regular meeting nor without first being submitted to the city attorney.No franchise or valua…
RCW 35.23.261 Audit and allowance of demands against city.
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All demands against the city shall be presented to and audited by the city council in accordance with such regulations as it may by ordinance prescribe; and upon the allowance of a demand, the clerk shall draw a warrant upon the treasurer for it, which warrant shall be countersig…
RCW 35.23.270 City council—Quorum—Rules—Journal, etc.
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A majority of the councilmembers shall constitute a quorum for the transaction of business. A less number may compel the attendance of absent members and may adjourn from time to time. The council shall determine its rules of proceedings. The council may punish their members for …
RCW 35.23.290 City council—Entry of ayes and noes on journal.
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At any time, at the request of any two members the ayes and noes on any question may be taken and entered upon the journal and they must be so taken and entered upon the passage of all ordinances appropriating money, imposing taxes, abolishing licenses, increasing or lessening th…
RCW 35.23.311 Eminent domain.
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Whenever it shall become necessary for the city to take or damage private property for the purpose of establishing, laying out, extending and widening streets and other public highways and places within the city, or for the purpose of securing rights-of-way for drains, sewers and…
RCW 35.23.325 Payment of claims and obligations by warrant or check.
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A second-class city, by ordinance, may adopt a policy for the payment of claims or other obligations of the city, which are payable out of solvent funds, electing to pay such obligations by warrant or by check. However, when the applicable fund is not solvent at the time payment …
RCW 35.23.330 Limitation on allowance of claims, warrants, etc.
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No claim shall be allowed against the city by the city council, nor shall the city council order any warrants to be drawn except at a general meeting of the council. The council shall never allow, make valid, or recognize any demand against the city which was not a valid claim ag…
RCW 35.23.331 Nuisances.
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Every act or thing done or being within the limits of a second-class city which is declared by law or by ordinance to be a nuisance shall be a nuisance and shall be so considered in all actions and proceedings. All remedies given by law for the prevention and abatement of nuisanc…
RCW 35.23.351 Application of RCW 35.23.352 to certain agreements relating to water pollution control, solid waste handling facilities.
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RCW 35.23.352 does not apply to the selection of persons or entities to construct or develop water pollution control facilities or to provide water pollution control services under RCW 70A.140.040 or the selection of persons or entities to construct or develop solid waste handlin…
RCW 35.23.352 Application of RCW 35.23.352 to certain agreements relating to water pollution control, solid waste handling facilities.
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(1) Any second-class city or any town may construct any public works, as defined in RCW 39.04.010, by contract or day labor without calling for bids therefor whenever the estimated cost of the work or improvement, including cost of materials, supplies and equipment will not excee…
RCW 35.23.371 Taxation—Street poll tax.
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A second-class city may impose upon and collect from every inhabitant of the city over the age of eighteen years an annual street poll tax not exceeding two dollars and no other road poll tax shall be collected within the limits of the city.[ 1994 c 81 s 47; 1973 1st ex.s. c 154 …
RCW 35.23.380 Exclusive franchises prohibited.
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No exclusive franchise or privilege shall be granted for the use of any street, alley, highway, or public place or any part thereof.[ 1965 c 7 s 35.23.380. Prior: 1907 c 241 s 32; RRS s 9039.]
RCW 35.23.410 Leasing of street ends on waterfront.
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The city council may lease for business purposes portions of the ends of streets terminating in the waterfront or navigable waters of the city with the written consent of all the property owners whose properties abut upon the portion proposed to be leased. The lease may be made f…
RCW 35.23.420 Notice of lease to be published before execution.
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No lease of a portion of the end of a street terminating in the waterfront or navigable waters of the city shall be made until a notice describing the portion of the street proposed to be leased, to whom and for what purpose leased and the proposed rental to be paid has been publ…
RCW 35.23.430 Railroads in streets to be assessed for street improvement.
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If an improvement is made upon a street occupied by a street railway or any railroad enjoying a franchise on the street, the city council shall assess against the railroad its just proportion of making the improvement which shall be not less than the expense of improving the spac…
RCW 35.23.440 Specific powers enumerated.
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The city council of each second-class city shall have power and authority:(1) Ordinances: To make and pass all ordinances, orders, and resolutions not repugnant to the Constitution of the United States or the state of Washington, or the provisions of this title, necessary for the…
RCW 35.23.442 City and town license fees and taxes on financial institutions.
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See chapter 82.14A RCW.
RCW 35.23.443 City license fees or taxes on certain business activities to be at a single uniform rate.
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See RCW 35.21.710.
RCW 35.23.444 Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility.
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See chapter 80.58 RCW.
RCW 35.23.445 Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts.
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See RCW 87.03.825 through 87.03.840.
RCW 35.23.452 Additional powers—Acquisition, control, and disposition of property.
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The city council of such city shall have power to purchase, lease, or otherwise acquire real estate and personal property necessary or proper for municipal purposes and to control, lease, sublease, convey or otherwise dispose of the same; to acquire and plat land for cemeteries a…
RCW 35.23.454 Additional powers—Parking meter revenue for revenue bonds.
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All second-class cities and towns are authorized to use parking meter revenue as a base for obtaining revenue bonds for use in improvement of streets, roads, alleys, and such other related public works.[ 1994 c 81 s 44; 1965 c 7 s 35.24.305. Prior: 1957 c 166 s 1. Formerly RCW 35…
RCW 35.23.455 Additional powers—Construction and operation of boat harbors, marinas, docks, etc.
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The legislative body of any second-class city or town which contains, or abuts upon, any bay, lake, sound, river or other navigable waters, may construct, operate and maintain any boat harbor, marina, dock or other public improvement, for the purposes of commerce, recreation or n…
RCW 35.23.456 Additional powers—Ambulances and first aid equipment.
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A second-class city, where commercial ambulance service is not readily available, shall have the power:(1) To authorize the operation of municipally-owned ambulances which may serve the city and may serve for emergencies surrounding rural areas;(2) To authorize the operation of o…
RCW 35.23.457 Conveyance or lease of space above real property or structures or improvements.
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See RCW 35.22.302.
RCW 35.23.460 Employees' group insurance—False arrest insurance.
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Subject to chapter 48.62 RCW, any second-class city or town may contract with an insurance company authorized to do business in this state to provide group insurance for its employees including group false arrest insurance for its law enforcement personnel, and pursuant thereto m…
RCW 35.23.470 Publicity fund.
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Every city of the second class may create a publicity fund to be used exclusively for exploiting and advertising the general advantages and opportunities of the city and its vicinity. After providing by ordinance for a publicity fund the city council may use therefor an annual am…