Revised Code of Washington
Chapter 35.21 - Miscellaneous Provisions.
35.21.315 - Amateur radio antennas—Local regulation to conform with federal law.

RCW 35.21.315
Amateur radio antennas—Local regulation to conform with federal law.

No city or town shall enact or enforce an ordinance or regulation that fails to conform to the limited preemption entitled "Amateur Radio Preemption, 101 FCC 2nd 952 (1985)" issued by the federal communications commission. An ordinance or regulation adopted by a city or town with respect to amateur radio antennas shall conform to the limited federal preemption, that states local regulations that involve placement, screening, or height of antennas based on health, safety, or aesthetic considerations must be crafted to reasonably accommodate amateur communications, and to represent the minimal practicable regulation to accomplish the local authority's legitimate purpose.

[ 1994 c 50 § 1.]
NOTES:

Effective date—1994 c 50: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 23, 1994]." [ 1994 c 50 § 4.]

Structure Revised Code of Washington

Revised Code of Washington

Title 35 - Cities and Towns

Chapter 35.21 - Miscellaneous Provisions.

35.21.005 - Sufficiency of petitions.

35.21.010 - General corporate powers—Towns, restrictions as to area.

35.21.015 - Salary commissions.

35.21.020 - Auditoriums, art museums, swimming pools, etc.—Power to acquire.

35.21.030 - Auxiliary water systems for protection from fire.

35.21.070 - Cumulative reserve fund—Authority to create.

35.21.080 - Cumulative reserve fund—Annual levy for—Application of budget law.

35.21.085 - Payrolls fund—Claims fund.

35.21.086 - Payrolls fund—Transfers from insolvent funds.

35.21.087 - Employee checks, drafts, warrants—City, town may cash.

35.21.088 - Equipment rental fund.

35.21.090 - Dikes, levees, embankments—Authority to construct.

35.21.100 - Donations—Authority to accept and use.

35.21.110 - Ferries—Authority to acquire and maintain.

35.21.120 - Solid waste handling system—Contracts.

35.21.130 - Solid waste or recyclable materials collection—Ordinance.

35.21.135 - Solid waste or recyclable materials collection—Curbside recycling—Reduced rate.

35.21.140 - Garbage—Notice of lien—Foreclosure.

35.21.150 - Garbage—Lien—Priority.

35.21.152 - Solid waste handling—Agreements—Purposes—Terms and conditions.

35.21.154 - Solid waste—Compliance with chapter 70A.205 RCW required.

35.21.156 - Solid waste—Contracts with vendors for solid waste handling systems, plants, sites, or facilities—Requirements—Vendor selection procedures.

35.21.157 - Solid waste collection—Rate increase notice.

35.21.158 - Collection and transportation of recyclable materials by recycling companies or nonprofit entities—Reuse or reclamation—Application of chapter.

35.21.160 - Jurisdiction over adjacent waters.

35.21.163 - Penalty for act constituting a crime under state law—Limitation.

35.21.165 - Driving while under the influence of liquor or drug—Minimum penalties.

35.21.175 - Offices to be open certain days and hours.

35.21.180 - Ordinances—Adoption of codes by reference.

35.21.185 - Ordinances—Information pooling.

35.21.190 - Parkways, park drives, and boulevards.

35.21.192 - Urban agriculture zone.

35.21.194 - Community gardens.

35.21.195 - Statewide sexual assault kit tracking system—Participation by local law enforcement agencies.

35.21.200 - Residence qualifications of appointive officials and employees.

35.21.203 - Recall sufficiency hearing—Payment of defense expenses.

35.21.205 - Liability insurance for officials and employees.

35.21.207 - Liability insurance for officers and employees authorized.

35.21.209 - Insurance and workers' compensation for offenders performing community restitution.

35.21.210 - Sewerage, drainage, and water supply.

35.21.215 - Powers relative to systems of sewerage.

35.21.217 - Utility services—Deposit—Tenants' delinquencies—Notice—Lien.

35.21.220 - Sidewalks—Regulation of use of.

35.21.225 - Transportation benefit districts.

35.21.228 - Rail fixed guideway public transportation system—Safety program plan and security and emergency preparedness plan.

35.21.230 - Streets over tidelands declared public highways.

35.21.240 - Streets over tidelands—Control of.

35.21.250 - Streets and alleys over first-class tidelands—Control of.

35.21.260 - Streets—Annual report to secretary of transportation.

35.21.270 - Streets—Records of funds received and used for construction, repair, maintenance.

35.21.275 - Street improvements—Provision of supplies or materials.

35.21.278 - Contracts with community service organizations for public improvements—Limitations.

35.21.280 - Tax on admissions—Exceptions.

35.21.290 - Utility services—Lien for—Emergency declaration.

35.21.300 - Utility services—Enforcement of lien—Limitations on termination of service for residential heating.

35.21.305 - Utility connection charges—Waiver for low-income persons.

35.21.310 - Removal of overhanging or obstructing vegetation—Removal, destroying debris.

35.21.315 - Amateur radio antennas—Local regulation to conform with federal law.

35.21.320 - Warrants—Interest rate—Payment.

35.21.333 - Chief of police or marshal—Eligibility requirements.

35.21.334 - Chief of police or marshal—Background investigation.

35.21.335 - Chief of police or marshal—Vacancy.

35.21.340 - Cemeteries and funeral facilities.

35.21.350 - Civil service in police and fire departments.

35.21.360 - Eminent domain by cities and towns.

35.21.370 - Joint county and city hospitals.

35.21.380 - Joint county and city buildings.

35.21.385 - Counties with a population of two hundred ten thousand or more may contract with cities concerning buildings and related improvements.

35.21.390 - Public employment, civil service and pensions.

35.21.392 - Contractors—Authority of city to verify registration and report violations.

35.21.395 - Historic preservation—Authorization to acquire property, borrow money, issue bonds, etc.

35.21.400 - City may acquire property for parks, recreational, viewpoint, greenbelt, conservation, historic, scenic, or view purposes.

35.21.403 - Authority to establish lake and beach management districts.

35.21.404 - Fish enhancement project—City's or town's liability.

35.21.405 - Moorage facilities—Regulations authorized—Port charges, delinquency—Abandoned vessels, public sale.

35.21.407 - Abandoned or derelict vessels.

35.21.408 - Transfer of ownership of a city or town-owned vessel—Review of vessel's physical condition.

35.21.409 - Transfer of ownership of a city or town-owned vessel—Further requirements.

35.21.410 - Nonpolluting power generation by individual—Exemption from regulation—Authorization to contract with utility.

35.21.412 - Hydroelectric resources—Separate legal authority—Creation by irrigation districts and cities, towns, or public utility districts.

35.21.415 - Electrical utilities—Civil immunity of officials and employees for good faith mistakes and errors of judgment.

35.21.417 - Hydroelectric reservoir extending across international boundary—Agreement with Province of British Columbia.

35.21.418 - Hydroelectric reservoir extending across international boundary—Commission—Powers.

35.21.420 - Utilities—City may support county in which generating plant located—Cities with a population greater than five hundred thousand responsible for impact payments and arrearages—Arbitration.

35.21.422 - Utilities—Cities in a county with a population of two hundred ten thousand or more west of Cascades may support cities, towns, counties and taxing districts in which facilities located.

35.21.425 - City constructing generating facility in other county—Reimbursement of county or school district—Reimbursement by cities with a population greater than five hundred thousand.

35.21.426 - City constructing generating facility in other county—Notice of loss—Negotiations—Arbitration.

35.21.427 - City constructing generating facility in other county—Additional findings—Renegotiation.

35.21.430 - Utilities—City may pay taxing districts involved after acquisition of private power facilities.

35.21.440 - Utilities—Additional payments to school districts having bonded indebtedness.

35.21.450 - Utilities—Payment of taxes.

35.21.455 - Locally regulated utilities—Attachments to poles.

35.21.465 - Crop purchase contracts for dedicated energy crops.

35.21.470 - Building construction projects—City or town prohibited from requiring state agencies or local governments to provide bond or other security as a condition for issuance of permit.

35.21.475 - Statement of restrictions applicable to real property.

35.21.500 - Compilation, codification, revision of city or town ordinances—Scope of codification.

35.21.510 - Compilation, codification, revision of city or town ordinances—Authorized.

35.21.520 - Compilation, codification, revision of city or town ordinances—Adoption as official code of city.

35.21.530 - Compilation, codification, revision of city or town ordinances—Filing—Notice of hearing.

35.21.540 - Compilation, codification, revision of city or town ordinances—Legislative body may amend, adopt, or reject adopting ordinance—When official code.

35.21.550 - Compilation, codification, revision of city or town ordinances—Copies as proof of ordinances.

35.21.560 - Compilation, codification, revision of city or town ordinances—Adoption of new material.

35.21.570 - Compilation, codification, revision of city or town ordinances—Codification satisfies single subject, title, and amendment requirements of statute or charter.

35.21.590 - Executory conditional sales contracts for purchase of property—Limit on indebtedness—Election, when.

35.21.630 - Youth agencies—Establishment authorized.

35.21.635 - Juvenile curfews.

35.21.640 - Conferences to study regional and governmental problems, counties and cities may establish.

35.21.650 - Prepayment of taxes or assessments authorized.

35.21.660 - Demonstration Cities and Metropolitan Development Act—Agreements with federal government—Scope of authority.

35.21.670 - Demonstration Cities and Metropolitan Development Act—Powers and limitations of public corporations, commissions or authorities created.

35.21.680 - Participation in Economic Opportunity Act programs.

35.21.682 - City or town may not limit number of unrelated persons occupying a household or dwelling unit—Exceptions.

35.21.683 - Transitional housing, permanent supportive housing, indoor emergency shelters, and indoor emergency housing.

35.21.684 - Authority to regulate placement or use of homes—Regulation of manufactured homes—Issuance of permits—Restrictions on location of manufactured/mobile homes and entry or removal of recreational vehicles used as primary residences.

35.21.685 - Low-income housing—Loans and grants.

35.21.686 - Tiny house communities.

35.21.688 - Family day-care provider's home facility—City or town may not prohibit in residential or commercial area—Conditions.

35.21.689 - Permanent supportive housing—City may not prohibit where multifamily housing is permitted.

35.21.690 - Authority to regulate auctioneers—Limitations.

35.21.692 - Authority to regulate massage therapists—Limitations.

35.21.695 - Authority to own and operate professional sports franchise.

35.21.696 - Newspaper carrier regulation.

35.21.698 - Regulation of financial transactions—Limitations.

35.21.700 - Tourist promotion.

35.21.703 - Economic development programs.

35.21.706 - Imposition or increase of business and occupation tax—Referendum procedure required—Exclusive procedure.

35.21.710 - License fees or taxes on certain business activities—Uniform rate required—Maximum rate established.

35.21.711 - License fees or taxes on certain business activities—Excess rates authorized by voters.

35.21.712 - License fees or taxes on telephone business to be at uniform rate.

35.21.714 - License fees or taxes on telephone business—Imposition on certain gross revenues authorized—Limitations.

35.21.715 - Taxes on network telephone services.

35.21.717 - Taxation of internet access—Moratorium.

35.21.718 - State route No. 16—Tax on operation prohibited.

35.21.720 - City contracts to obtain sheriff's office law enforcement services.

35.21.730 - Public corporations—Powers of cities, towns, and counties—Administration.

35.21.735 - Public corporations—Declaration of public purpose—Power and authority to enter into agreements, receive and expend funds—Security—Special funds—Agreements to implement federal new markets tax credit program.

35.21.740 - Public corporations—Exercise of powers, authorities, or rights—Territorial jurisdiction.

35.21.745 - Public corporations—Provision for, control over—Powers.

35.21.747 - Public corporations—Real property transferred by city, town, or county—Restrictions, notice, public meeting.

35.21.750 - Public corporations—Insolvency or dissolution.

35.21.755 - Public corporations—Exemption or immunity from taxation—In lieu excise tax.

35.21.756 - Tax exemption—Sales/leasebacks by regional transit authorities.

35.21.757 - Public corporations—Statutes to be construed consistent with state Constitution.

35.21.759 - Public corporations, commissions, and authorities—Applicability of general laws.

35.21.760 - Legal interns—Employment authorized.

35.21.762 - Urban emergency medical service districts—Creation authorized in city or town with territory in two counties.

35.21.765 - Fire protection, ambulance or other emergency services provided by municipal corporation within county—Financial and other assistance by county authorized.

35.21.766 - Ambulance services—Establishment authorized.

35.21.7661 - Study and review of ambulance utilities.

35.21.768 - Ambulance services—Excise taxes authorized—Use of proceeds.

35.21.769 - Levy for emergency medical care and services.

35.21.770 - Members of legislative bodies authorized to serve as volunteer firefighters, volunteer ambulance personnel, or reserve law enforcement officers.

35.21.772 - Fire department volunteers—Holding public office—Definitions.

35.21.775 - Provision of fire protection services to state-owned facilities.

35.21.778 - Existing contracts for fire protection services and equipment not abrogated.

35.21.779 - Fire protection services for state-owned facilities—Contracts with the department of commerce—Consolidation of negotiations with multiple state agencies—Arbitration.

35.21.780 - Laws, rules and regulations applicable to cities five hundred thousand or over deemed applicable to cities four hundred thousand or over.

35.21.790 - Revision of corporate boundary within street, road, or highway right-of-way by substituting right-of-way line—Not subject to review.

35.21.800 - Foreign trade zones—Legislative finding, intent.

35.21.805 - Foreign trade zones—Authority to apply for permission to establish, operate and maintain.

35.21.810 - Hydroplane races—Providing for restrooms and other services in public parks for spectators—Admission fees—Authorized.

35.21.815 - Hydroplane races—Levying of admission charges declared public park purpose—Reversion prohibited.

35.21.820 - Acquisition and disposal of vehicles for commuter ride sharing by city employees.

35.21.830 - Controls on rent for residential structures—Prohibited—Exceptions.

35.21.840 - Taxation of motor carriers of freight for hire—Allocation of gross receipts.

35.21.845 - Taxation of motor carriers of freight for hire—Tax allocation formula.

35.21.850 - Taxation of motor carriers of freight for hire—Limitation—Exceptions.

35.21.851 - Taxation of chamber of commerce, similar business for operation of parking/business improvement area.

35.21.855 - Taxation of intellectual property creating activities—Gross receipts tax prohibited—Exceptions.

35.21.860 - Electricity, telephone, or natural gas business, service provider—Franchise fees prohibited—Exceptions.

35.21.865 - Electricity, telephone, or natural gas business—Limitations on tax rate changes.

35.21.870 - Electricity, telephone, natural gas, or steam energy business—Tax limited to six percent—Exception.

35.21.871 - Tax on telephone business—Deferral of rate reduction.

35.21.873 - Procedure to correct erroneous mobile telecommunications service tax.

35.21.875 - Designation of official newspaper.

35.21.880 - Right-of-way donations—Credit against required improvements.

35.21.890 - Boundary changes—Providing factual information—Notice to boundary review board.

35.21.895 - Regulation of automatic number or location identification—Prohibited.

35.21.897 - Mobile home, manufactured home, or park model moving or installing—Copies of permits—Definitions.

35.21.900 - Authority to transfer real property.

35.21.905 - Consultation with public utilities for water-sewer facility relocation projects.

35.21.910 - Community athletics programs—Sex discrimination prohibited.

35.21.913 - Comprehensive cancer care collaborative arrangements—Prohibition on regulation as state agency.

35.21.915 - Hosting the homeless by religious organizations—When authorized—Requirements—Prohibitions on local actions.

35.21.920 - State and federal background checks of license applicants and licensees of occupations under local licensing authority.

35.21.925 - Supplemental transportation improvements.

35.21.930 - Community assistance referral and education services program.

35.21.935 - Warrant officers—Training requirements—Authority.

35.21.940 - Failing septic systems—Connection to public sewer systems—Appeals process.

35.21.945 - Water storage asset management services—Procurement.

35.21.950 - Final determination on state highway project permits.

35.21.955 - Nuisance abatement—Special assessment—Notice requirements.

35.21.960 - Removal of restrictive covenants—Hearing, notice.

35.21.965 - Voluntary change to electoral system.

35.21.970 - Assessment and mitigation of negative impact on parking when constructing or operating a public facility in certain neighborhoods.

35.21.980 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.