City of Bellingham v. Schampera10/20/1960
Cissna (1906), 44 Wash. 397, 87 P. 481 (regulating speed of automobiles); Seattle v. Chin Let (1898), 19 Wash. 38, 52 P. 324 (prohibiting lotteries).
These cases point out our constitutional provision declaring that any
". . . county, city, town or township may make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws." Washington Constitution, Art. XI, § 11.
Of this constitutional provision (§ 11), we have said:
"This is a direct delegation of the police power as ample within its limits as that possessed by the legislature itself. It requires no legislative sanction for its exercise so long as the subject-matter is local, and the regulation reasonable and consistent with the general laws." Detamore v. Hindley (1915), 83 Wash. 322, 326, 145 P. 462. See, also, State v. Tucker (1926), 137 Wash. 162, 242 P. 363.
Bellingham, together with other first class cities, has the power by ordinance
". . . to provide for the punishment of all disorderly conduct, and of all practices dangerous to public health or safety, and to make all regulations necessary for the preservation of public morality, health, peace, and good order within its limits; to provide for the arrest, trial, and punishment of all persons charged with violating any of the ordinances of said city; to provide for the imposition by police judges of a fine not to exceed three hundred dollars or imprisonment not to exceed ninety days, or both such fine and imprisonment. [1923 c 182 § 1; RRS § 8992-1.]" RCW 35.22.470.
Another section of our motor vehicle statute should also be in our thinking as we discuss this phase of the case. RCW 46.08.020 is as follows:
"Precedence over local vehicle and traffic regulations. The provisions of this title relating to vehicles shall be applicable and uniform throughout this state and in all cities and towns and all political subdivisions therein and no local authority shall enact or enforce any law, ordinance, rule, or regulation in conflict with the provisions hereof unless expressely authorized by law to do so and any laws, ordinances, rules, or regulations in conflict with the provisions of this title are hereby declared to be invalid and of no effect. Local authorities may, however, adopt additional vehicle and traffic regulations which are not in conflict with the provisions hereof. [1937 c 189 § 2; RRS § 6360-2.]"
Particular attention is directed to the authorization to local authorities to adopt additional traffic and vehicular regulations which are not in conflict with the other provisions of the act.
No case in this state has considered whether an ordinance, prohibiting driving while under the influence of intoxicating liquor is in "conflict" with our state law on the same subject, i.e., RCW 46.56.010, either under its present form (Laws of 1955, chapter 393, § 3, p. 1700), or as enacted by Laws of 1937, chapter 189, § 119, p. 910.
The following cases from other states have held that ordinances prohibiting driving while under the influence of intoxicating liquor are invalid -- either on the theory that such driving was not a matter of local concern, or that the ordinance was in conflict with state law, or that, if it was concurrent in its effect, the state had pre-empted the field. Canon City v. Merris (1958), 137 Colo. 169, 323 P.2d 614; City of Billings v. He
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