Police & Law Enforcement Authority and Requirements

Contents

• Constitutional and Statutory Authority
• Required Functions

Constitutional and Statutory Authority

• Constitutional Authority
  • Article XI, §11, Washington State Constitution - General police power of cities.

Statutory Authority and Requirements

• Counties
  • Chapter 36.28 RCW - County Sheriff
  
  
• First Class Cities
  • RCW 35.22.280(34) and RCW 35.22.280(35) - Specific powers to enact and enforce criminal ordinances of the city.
  
  
• Second Class Cities
  • RCW 35.23.021 - City officers enumerated, including police chief.
  • RCW 35.23.161  - Chief of police and police department.
  • RCW 35.23.440(29) and RCW 35.23.440(30) - Specific powers to enact and enforce criminal ordinances of the city.
  
  
• Towns
  • RCW 35.27.070 - Town officers enumerated, including town marshal.
  • RCW 35.27.240  - Town marshal - Police department.
  • RCW 35.27.370(14)  - Specific powers to enact and enforce criminal ordinances of the town.
  
  
• Code Cities
  • RCW 35A.11.020  - Specific power to adopt and enforce criminal ordinances of the city.
  • RCW 35A.12.020 - Appointive officers, including chief law enforcement officer.
  • RCW 35A.21.030 - Mandatory duties of code city officers.
  • RCW 35A.21.161 - Regulation of activities under state law.
  
  
• Unclassified Cities
  • RCW 35.30.010(6) and RCW 35.30.010(8) - Powers to enact criminal ordinances of the city.
  
  
• Other
  • RCW 10.92.020  -  Tribal Police Officers - Powers -- Authority to act as general authority Washington peace officer -- Public liability and property damage insurance -- Training requirements -- Issuance of citation, notice of infraction, or incident report -- Jurisdiction -- Civil liability -- Sovereign tribal governments -- Interlocal agreement
  • Ch. 14.08.120 (2) - Specific powers of municipalities operating airports (county, city, town, airport district, port district)
  • RCW 35.88.020 - Water Supply - Enforcement of Ordinances - Special Police   (Note: This citation refers to the special police as having the powers of constables.  The statutes relating to constables were repealed by ch. 258 Laws of 1984.)
  • RCW 53.08.280 - Port district operating an airport with a police department as authorized by RCW 14.08.120
  • RCW 35.61.370 - Metropolitan park district containing city with population over one hundred thousand -- May commission police officers
  • Ch. 81.60 RCW - Railroads - Railroad Police and Regulations

Required Functions

• Requirements and Options for Provision of Law Enforcement Services
• County Sheriff, New Commissioner Handbook, MRSC Report 43, 1998
• Authority of Sheriff within Corporate Limits of City