Inquiry of the Week (7/27/98)

Question:

Can Ch. 133, Laws of 1998, making it a civil infraction for minors to possess cigarettes, be enforced in municipal court without a city adopting the statute by reference?

Answer:

The 1998 legislature, in Chapter 133, amended RCW 70.155.080 to make the possession of cigarettes by a person under the age of eighteen a civil infraction. This statute now reads:

(1) A person under the age of eighteen who purchases or attempts to purchase, possesses, or obtains or attempts to obtain cigarettes or tobacco products commits a class 3 civil infraction under chapter 7.80 RCW and is subject to a fine as set out in chapter 7.80 RCW or participation in up to four hours of community service, or both. The court may also require participation in a smoking cessation program. This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a liquor control board, law enforcement, or local health department activity.

(2) Municipal and district courts within the state have jurisdiction for enforcement of this section.

The caller asked if, in our opinion, a city would need to adopt this statute by reference to be able to enforce it in municipal court, given the language in subsection (2).

In our opinion, a city does not need to adopt the statute by reference, because the statute itself, without more, gives cities the authority to enforce it in municipal court. The very purpose of adoption by reference is to give a city the authority to enforce a statute in municipal court. Since this statute expressly gives municipal courts that authority, adoption by reference is unnecessary. Although the language in subsection (2) was added because the statute deals with juveniles, over whom a municipal court does not generally have jurisdiction, this should not affect enforcement authority without an adopting ordinance.