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 municipal government and management of
the affairs of the city, for the execution of the powers vested
in said body corporate, and for the carrying into effect of the
provisions of this title.
(2) License of shows: To fix and collect a license tax, for
the purposes of revenue and regulation, on theatres, melodeons,
balls, concerts, dances, theatrical, circus, or other
performances, and all performances where an admission fee is
charged, or which may be held in any house or place where wines
or liquors are sold to the participators; also all shows,
billiard tables, pool tables, bowling alleys, exhibitions, or
amusements.
(3) Hotels, etc., licenses: To fix and collect a license
tax for the purposes of revenue and regulation on and to regulate
all taverns, hotels, restaurants, banks, brokers, manufactories,
livery stables, express companies and persons engaged in
transmitting letters or packages, railroad, stage, and steamboat
companies or owners, whose principal place of business is in such
city, or who have an agency therein.
(4) Peddlers', etc., licenses: To license, for the purposes
of revenue and regulation, tax, prohibit, suppress, and regulate
all raffles, hawkers, peddlers, pawnbrokers, refreshment or
coffee stands, booths, or sheds; and to regulate as authorized by
state law all tippling houses, dram shops, saloons, bars, and
barrooms.
(5) Dance houses: To prohibit or suppress, or to license
and regulate all dance houses, fandango houses, or any exhibition
or show of any animal or animals.
(6) License vehicles: To license for the purposes of
revenue and regulation, and to tax hackney coaches, cabs,
omnibuses, drays, market wagons, and all other vehicles used for
hire, and to regulate their stands, and to fix the rates to be
charged for the transportation of persons, baggage, and property.
(7) Hotel runners: To license or suppress runners for
steamboats, taverns, or hotels.
(8) License generally: To fix and collect a license tax for
the purposes of revenue and regulation, upon all occupations and
trades, and all and every kind of business authorized by law not
heretofore specified. However, on any business, trade, or
calling not provided by law to be licensed for state and county
purposes, the amount of license shall be fixed at the discretion
of the city council, as they may deem the interests and good
order of the city may require. A city may not require a business
to be licensed based solely upon registration under or compliance
with the streamlined sales and use tax agreement.
(9) Riots: To prevent and restrain any riot or riotous
assemblages, disturbance of the peace, or disorderly conduct in
any place, house, or street in the city.
(10) Nuisances: To declare what shall be deemed nuisances;
to prevent, remove, and abate nuisances at the expense of the
parties creating, causing, or committing or maintaining the same,
and to levy a special assessment on the land or premises whereon
the nuisance is situated to defray the cost or to reimburse the
city for the cost of abating the same.
(11) Stock pound: To establish, maintain, and regulate a
common pound for estrays, and to appoint a poundkeeper, who shall
be paid out of the fines and fees imposed and collected of the
owners of any animals impounded, and from no other source; to
prevent and regulate the running at large of any and all domestic
animals within the city limits or any parts thereof, and to
regulate or prevent the keeping of such animals within any part
of the city.
(12) Control of certain trades: To control and regulate
slaughterhouses, washhouses, laundries, tanneries, forges, and
offensive trades, and to provide for their exclusion or removal
from the city limits, or from any part thereof.
(13) Street cleaning: To provide, by regulation, for the
prevention and summary removal of all filth and garbage in
streets, sloughs, alleys, back yards, or public grounds of such
city, or elsewhere therein.
(14) Gambling, etc.: To prohibit and suppress all gaming
and all gambling or disorderly houses, and houses of ill fame,
and all immoral and indecent amusements, exhibitions, and shows.
(15) Markets: To establish and regulate markets and market
places.
(16) Speed of railroad cars: To fix and regulate the speed
at which any railroad cars, streetcars, automobiles, or other
vehicles may run within the city limits, or any portion thereof.
(17) City commons: To provide for and regulate the commons
of the city.
(18) Fast driving: To regulate or prohibit fast driving or
riding in any portion of the city.
(19) Combustibles: To regulate or prohibit the loading or
storage of gunpowder and combustible or explosive materials in
the city, or transporting the same through its streets or over
its waters.
(20) Property: To have, purchase, hold, use, and enjoy
property of every name or kind whatsoever, and to sell, lease,
transfer, mortgage, convey, control, or improve the same; to
build, erect, or construct houses, buildings, or structures of
any kind needful for the use or purposes of such city.
(21) Fire department: To establish, continue, regulate, and
maintain a fire department for such city, to change or reorganize
the same, and to disband any company or companies of the said
department; also, to discontinue and disband said fire
department, and to create, organize, establish, and maintain a
paid fire department for such city.
(22) Water supply: To adopt, enter into, and carry out
means for securing a supply of water for the use of such city or
its inhabitants, or for irrigation purposes therein.
(23) Overflow of water: To prevent the overflow of the city
or to secure its drainage, and to assess the cost thereof to the
property benefited.
(24) House numbers: To provide for the numbering of houses.
(25) Health board: To establish a board of health; to
prevent the introduction and spread of disease; to establish a
city infirmary and to provide for the indigent sick; and to
provide and enforce regulations for the protection of health,
cleanliness, peace, and good order of the city; to establish and
maintain hospitals within or without the city limits; to control
and regulate interments and to prohibit them within the city
limits.
(26) Harbors and wharves: To build, alter, improve, keep in
repair, and control the waterfront; to erect, regulate, and
repair wharves, and to fix the rate of wharfage and transit of
wharf, and levy dues upon vessels and commodities; and to provide
for the regulation of berths, landing, stationing, and removing
steamboats, sail vessels, rafts, barges, and all other
watercraft; to fix the rate of speed at which steamboats and
other steam watercraft may run along the waterfront of the city;
to build bridges so as not to interfere with navigation; to
provide for the removal of obstructions to the navigation of any
channel or watercourses or channels.
(27) License of steamers: To license steamers, boats, and
vessels used in any watercourse in the city, and to fix and
collect a license tax thereon.
(28) Ferry licenses: To license ferries and toll bridges
under the law regulating the granting of such license.
(29) Penalty for violation of ordinances: To provide that
violations of ordinances with the punishment for any offense not
exceeding a fine of five thousand dollars or imprisonment for
more than one year, or both fine and imprisonment, but the
punishment for any criminal ordinance shall be the same as the
punishment provided in state law for the same crime.
Alternatively, such a city may provide that a violation of an
ordinance constitutes a civil violation subject to monetary
penalties or to determine and impose fines for forfeitures and
penalties, but no act which is a state crime may be made a civil
violation. A violation of an order, regulation, or ordinance
relating to traffic including parking, standing, stopping, and
pedestrian offenses is a traffic infraction, except that
violation of an order, regulation, or ordinance equivalent to
those provisions of Title 46 RCW set forth in RCW 46.63.020
remains a misdemeanor.
(30) Police department: To create and establish a city
police; to prescribe their duties and their compensation; and to
provide for the regulation and government of the same.
(31) Examine official accounts: To examine, either in open
session or by committee, the accounts or doings of all officers
or other persons having the care, management, or disposition of
moneys, property, or business of the city.
(32) Contracts: To make all appropriations, contracts, or
agreements for the use or benefit of the city and in the city's
name.
(33) Streets and sidewalks: To provide by ordinance for the
opening, laying out, altering, extending, repairing, grading,
paving, planking, graveling, macadamizing, or otherwise improving
of public streets, avenues, and other public ways, or any portion
of any thereof; and for the construction, regulation, and repair
of sidewalks and other street improvements, all at the expense of
the property to be benefited thereby, without any recourse, in
any event, upon the city for any portion of the expense of such
work, or any delinquency of the property holders or owners, and
to provide for the forced sale thereof for such purposes; to
establish a uniform grade for streets, avenues, sidewalks, and
squares, and to enforce the observance thereof.
(34) Waterways: To clear, cleanse, alter, straighten,
widen, fill up, or close any waterway, drain, or sewer, or any
watercourse in such city when not declared by law to be
navigable, and to assess the expense thereof, in whole or in
part, to the property specially benefited.
(35) Sewerage: To adopt, provide for, establish, and
maintain a general system of sewerage, draining, or both, and the
regulation thereof; to provide funds by local assessments on the
property benefited for the purpose aforesaid and to determine the
manner, terms, and place of connection with main or central lines
of pipes, sewers, or drains established, and compel compliance
with and conformity to such general system of sewerage or
drainage, or both, and the regulations of said council thereto
relating, by the infliction of suitable penalties and forfeitures
against persons and property, or either, for nonconformity to, or
failure to comply with the provisions of such system and
regulations or either.
(36) Buildings and parks: To provide for all public
buildings, public parks, or squares, necessary or proper for the
use of the city.
(37) Franchises: To permit the use of the streets for
railroad or other public service purposes.
(38) Payment of judgments: To order paid any final judgment
against such city, but none of its lands or property of any kind
or nature, taxes, revenue, franchise, or rights, or interest,
shall be attached, levied upon, or sold in or under any process
whatsoever.
(39) Weighing of fuel: To regulate the sale of coal and
wood in such city, and may appoint a measurer of wood and weigher
of coal for the city, and define his duties, and may prescribe
his term of office, and the fees he shall receive for his
services: PROVIDED, That such fees shall in all cases be paid by
the parties requiring such service.
(40) Hospitals, etc.: To erect and establish hospitals and
pesthouses and to control and regulate the same.
(41) Waterworks: To provide for the erection, purchase, or
otherwise acquiring of waterworks within or without the corporate
limits of the city to supply such city and its inhabitants with
water, and to regulate and control the use and price of the water
so supplied.
(42) City lights: To provide for lighting the streets and
all public places of the city and for furnishing the inhabitants
of the city with gas, electric, or other light, and for the
ownership, purchase or acquisition, construction, or maintenance
of such works as may be necessary or convenient therefor:
PROVIDED, That no purchase of any such water plant or light plant
shall be made without first submitting the question of such
purchase to the electors of the city.
(43) Parks: To acquire by purchase or otherwise land for
public parks, within or without the limits of the city, and to
improve the same.
(44) Bridges: To construct and keep in repair bridges, and
to regulate the use thereof.
(45) Power of eminent domain: In the name of and for the
use and benefit of the city, to exercise the right of eminent
domain, and to condemn lands and property for the purposes of
streets, alleys, parks, public grounds, waterworks, or for any
other municipal purpose and to acquire by purchase or otherwise
such lands and property as may be deemed necessary for any of the
corporate uses provided for by this title, as the interests of
the city may from time to time require.
(46) To provide for the assessment of taxes: To provide for
the assessment, levying, and collecting of taxes on real and
personal property for the corporate uses and purposes of the city
and to provide for the payment of the debts and expenses of the
corporation.
(47) Local improvements: To provide for making local
improvements, and to levy and collect special assessments on the
property benefited thereby and for paying the same or any portion
thereof; to determine what work shall be done or improvements
made, at the expense, in whole or in part, of the adjoining,
contiguous, or proximate property, and to provide for the manner
of making and collecting assessments therefor.
(48) Cemeteries: To regulate the burial of the dead and to
establish and regulate cemeteries, within or without the
corporate limits, and to acquire lands therefor by purchase or
otherwise.
(49) Fire limits: To establish fire limits with proper
regulations and to make all needful regulations for the erection
and maintenance of buildings or other structures within the
corporate limits as safety of persons or property may require,
and to cause all such buildings and places as may from any cause
be in a dangerous state to be put in a safe condition; to
regulate the manner in which stone, brick, and other buildings,
party walls, and partition fences shall be constructed and
maintained.
(50) Safety and sanitary measures: To require the owners of
public halls, theaters, hotels, and other buildings to provide
suitable means of exit and proper fire escapes; to provide for
the cleaning and purification of watercourses and canals and for
the draining and filling up of ponds on private property within
its limits when the same shall be offensive to the senses or
dangerous to the health, and to charge the expense thereof to the
property specially benefited, and to regulate and control and
provide for the prevention and punishment of the defilement or
pollution of all streams running in or through its corporate
limits and a distance of five miles beyond its corporate limits,
and of any stream or lake from which the water supply of the city
is or may be taken and for a distance of five miles beyond its
source of supply, and to make all quarantine and other
regulations as may be necessary for the preservation of the
public health and to remove all persons afflicted with any
contagious disease to some suitable place to be provided for that
purpose.
(51) To regulate liquor traffic: To regulate the selling or
giving away of intoxicating, spirituous, malt, vinous, mixed, or
fermented liquors as authorized by the general laws of the state.
(52) To establish streets on tidelands: To project or
extend or establish streets over and across any tidelands within
the limits of such city.
(53) To provide for the general welfare.
[2008 c 129 § 2; 1994 c 81 § 19; 1993 c 83 § 5; 1986 c 278 § 4. Prior: 1984 c 258 § 803; 1984 c 189 § 5; 1979 ex.s. c 136 § 28; 1977 ex.s. c 316 § 21; 1965 ex.s. c 116 § 7; 1965 c 7 § 35.23.440; prior: 1907 c 241 § 29; 1890 p 148 § 38; RRS § 9034.]
NOTES:
Effective date -- 1994 c 81 § 19: "Section 19 of this act shall take effect July 1, 1994." [1994 c 81 § 91.]
Effective date -- 1993 c 83: See note following RCW 35.21.163.
Severability -- 1986 c 278: See note following RCW 36.01.010.
Court Improvement Act of 1984 -- Effective dates -- Severability -- Short title -- 1984 c 258: See notes following RCW 3.30.010.
Effective date -- Severability -- 1979 ex.s. c 136: See notes following RCW 46.63.010.
Severability -- 1977 ex.s. c 316: See note following RCW 70.48.020.