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AGO Opinions with Topic: ORDINANCES
AGO 1970 No. 14 >  June 23, 1970
PLATS AND SUBDIVISIONS - ORDINANCES - CITY, TOWN OR COUNTY - TIME FOR ADOPTION - APPLICABILITY OF CHAPTER 271, LAWS OF 1969, EX. SESS., TO CERTAIN SUBDIVISIONS
PLATS AND SUBDIVISIONS - ORDINANCES - CITY, TOWN OR COUNTY - TIME FOR ADOPTION - APPLICABILITY OF CHAPTER 271, LAWS OF 1969, EX. SESS., TO CERTAIN SUBDIVISIONS A subdivision of land containing no dedication and no lots or tracts smaller than five acres in size may be made subject to the provisions of chapter 271, Laws of 1969, Ex. Sess., if the county, city or town in which the land is situated enacts an ordinance so providing and it is not necessary that such an ordinance shall have been enacted prior to the effective date of the 1969 act.
AGO 1961 No. 13 >  February 21, 1961
CITIES AND TOWNS - ORDINANCES - MUNICIPAL JUDGE - SERVICE OF WARRANT OF ARREST
CITIES AND TOWNS ‑- ORDINANCES ‑- MUNICIPAL JUDGE ‑- SERVICE OF WARRANT OF ARREST A warrant of arrest issued by a municipal judge of a city of the fourth class charging a violation of a town ordinance is not valid for service outside the corporate limits of the town.
AGO 1990 No. 15 >  November 2, 1990
CITIES AND TOWNS - ORDINANCES - REQUIREMENTS TRIGGERED BY PASSAGE OR ADOPTION OF ORDINANCE BY INTERIM COUNCIL OF SOON TO BE INCORPORATED CITY OR TOWN
CITIES AND TOWNS ‑- ORDINANCES ‑- REQUIREMENTS TRIGGERED BY PASSAGE OR ADOPTION OF ORDINANCE BY INTERIM COUNCIL OF SOON TO BE INCORPORATED CITY OR TOWN Certain statutes set forth requirements that are triggered by the adoption or passage of an ordinance. Unless otherwise provided, these requirements apply to the passage or adoption of an ordinance by an interim council created by RCW 35.02.130, even though such an ordinance will not go into effect until the date of incorporation.
AGO 1962 No. 184 >  December 18, 1962
CITIES AND TOWNS - THIRD CLASS - ORDINANCES - VIOLATIONS - PROSECUTION BY CITY ATTORNEY
CITIES AND TOWNS ‑- THIRD CLASS ‑- ORDINANCES ‑- VIOLATIONS ‑- PROSECUTION BY CITY ATTORNEY The chief of police of third class cities may not represent the city as its attorney in the prosecution of ordinance violations before a police judge but must act through the city attorney in actual prosecution.
AGO 1976 No. 7 >  March 9, 1976
CITIES AND TOWNS - ORDINANCES - VOTING REQUIREMENTS FOR PASSAGE OF ORDINANCE IN FOURTH CLASS CITY
CITIES AND TOWNS ‑- ORDINANCES ‑- VOTING REQUIREMENTS FOR PASSAGE OF ORDINANCE IN FOURTH CLASS CITY Except as provided for in RCW 35.27.270, RCW 35.27.330, RCW 35.33.081 and RCW 35.33.091, an ordinance of a fourth class city (town) may be enacted pursuant to the affirmative vote of a majority of the council present at a particular council meeting at which a quorum is present even though the total number of members thus voting for the ordinance constitutes less than a majority of the total membership of the town council.
AGO 1992 No. 16 >  July 16, 1992
CITIES AND TOWNS - ORDINANCES - CHARTERS
Whether an Ordinance is Invalid if not Published Within a Specified Number of Days RCW 35.22.288 provides that the ordinances of first class cities, or a summary thereof, shall be promptly published in the official newspaper of the city.  However, an ordinance is not invalid under RCW 35.22.288 if it is not published within a specified number of days.
AGO 1967 No. 7 >  March 13, 1967
COUNTIES - ORDINANCES - POLICE POWER - MOTORBOATS - REGISTRATION REQUIREMENT
COUNTIES - ORDINANCES - POLICE POWER - MOTORBOATS - REGISTRATION REQUIREMENT Under existing federal and state law, there is considerable doubt as to the authority of a county when enacting an ordinance establishing regulations pertaining to speed and manner of operation of motorboats to include therein a provision that motorboats may not be used on waters of the particular county unless numbered in accordance with a registration requirement of that county or of some other county or state having a similar registration requirement.
AGO 1968 No. 32 >  October 8, 1968
CITIES AND TOWNS - THIRD CLASS - ORDINANCES - PERPETUAL FRANCHISE TO RAILROAD COMPANY
CITIES AND TOWNS - THIRD CLASS - ORDINANCES - PERPETUAL FRANCHISE TO RAILROAD COMPANY A third class city in the state of Washington is not authorized to enact an ordinance granting a perpetual (irrevocable) franchise to a railroad company to permit the railroad to lay its tracks and spur lines across city streets and rights-of-way and to operate its trains across said tracks and spur lines.
AGO 1957 No. 98 >  July 16, 1957
MUNICIPAL CORPORATIONS - TAXES - ORDINANCES - RETROACTIVE CONSTRUCTION
MUNICIPAL CORPORATIONS ‑- TAXES ‑- ORDINANCES ‑- RETROACTIVE CONSTRUCTION A municipal ordinance amending a prior ordinance may not be construed and applied retroactively unless a contrary intention is manifested by the most clear and unequivocal expression.
AGO 1955 No. 174 >  December 15, 1955
MUNICIPAL CORPORATIONS - CITIES OF THE 3RD CLASS - ORDINANCES - PUBLICATION - POSTING - WHEN PERMISSIBLE
MUNICIPAL CORPORATIONS ‑- CITIES OF THE 3rd CLASS ‑- ORDINANCES ‑- PUBLICATION ‑- POSTING ‑- WHEN PERMISSIBLE Ordinances of a city of the third class must be published at least once in the city's official newspaper, if there be one, and if there be no official newspaper, then in some other newspaper published in the city, and if there be no newspaper published in the city then it must be published or posted in at least three public places in such city in such manner as the city council may direct.
AGO 1953 No. 491 >  March 9, 1953
MUNICIPAL CORPORATIONS - CONSTITUTIONAL LAW - ORDINANCES - POLICE POWER - REQUIRING PERSONS PREVIOUSLY CONVICTED OF CRIMES TO REGISTER WITH POLICE
MUNICIPAL CORPORATIONS ‑- CONSTITUTIONAL LAW ‑- ORDINANCES ‑- POLICE POWER ‑- REQUIRING PERSONS PREVIOUSLY CONVICTED OF CRIMES TO REGISTER WITH POLICE An ordinance requiring persons previously convicted of certain specified crimes to register with police upon coming within a city is constitutional.
AGO 1950 No. 401 >  December 15, 1950
UNIFORM MILK FLUID ACT - COUNTIES - ORDINANCES
UNIFORM MILK FLUID ACT ‑- COUNTIES ‑- ORDINANCES Where the county has not been certified as a local milk inspection service unit, the State Uniform Milk Fluid Act does not deprive the county appeal board of its powers to review degrading orders of the local health officer made in compliance with the local ordinance and not inconsistent with the provisions of the State Act.
AGO 2014 No. 2 >  January 16, 2014
STATUTES - INITIATIVE AND REFERENDUM - ORDINANCES - COUNTIES - CITIES AND TOWNS - PREEMPTION - POLICE POWERS
Whether Statewide Initiative Establishing System For Licensing Marijuana Producers, Processors, And Retailers Preempts Local Ordinances

 

  1. Initiative 502, which establishes a licensing and regulatory system for marijuana producers, processors, and retailers, does not preempt counties, cities, and towns from banning such businesses within their jurisdictions.
  2. Local ordinances that do not expressly ban state-licensed marijuana licensees from operating within the jurisdiction but make such operation impractical are valid if they properly exercise the local jurisdiction’s police power.
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