City of Bellingham v. Schampera10/20/1960
s than five days or more than one year in jail, and shall, in addition thereto, suspend the operator's license of such person for not less than thirty days."
We are, in this portion of the opinion, concerned only with the authority of the city to suspend the appellant's motor vehicle operator's license. It is urged by the appellant that the state has, by RCW 46.08.010, in specific terms preempted the field of the issuance, suspension, and revocation of motor vehicle licenses, and that a city cannot suspend or revoke a license. That section is as follows:
"State preempts licensing field. The provisions of this title relating to certificates of ownership, certificates of license registration, vehicle licenses, vehicle license plates and vehicle operator's licenses shall be exclusive and no political subdivision of the state shall require or issue any licenses or certificates for the same or a similar purpose, nor shall any city or town in this state impose a tax, license, or other fee upon vehicles operating exclusively between points outside of such city or town limits and points therein. [1937 c 188 § 75; RRS § 6312-75.]"
Amicus curiae, representing the city of Auburn, argues that though the quoted statute pre-empts for the state the issuance of motor vehicle operators' licenses, it does not preclude a city from exercising suspensory power, if it has the implied power so to do.
Passing, for the moment, the pre-emption claim, we find not only no implied power to suspend licenses, but a specific limitation. Attention is again directed to RCW 35.22.470, heretofore quoted on page 109.
It is plain that the "punishment of all persons charged with violating any of the ordinances of said city," is not to exceed a fine of three hundred dollars or ninety days, or both. Whether the problem is approached from the standpoint of pre-emption by the state or lack of power on the part of the city, the result is the same -- the city cannot, in the absence of express authority from the state, revoke a motor vehicle operator's license.
It is, however, the city's contention that RCW 46.08.190 (Laws of 1955, chapter 393, § 4, p. 1702), which reads as follows:
"Jurisdiction of justices of peace, police court and superior court. Every justice of the peace and police court judge shall have concurrent jurisdiction with superior court judges of the state for all violations of the provisions of this title and may impose any punishment provided therefor. [1955 c 393 § 4.]"
gave to it, and necessarily to every other city in the state, the authority to enact such an ordinance and impose such a penalty and that this section is the answer to the claim of pre-emption and is a specific grant of power.
We cannot agree. The quoted statute does not purport to be a grant of legislative power to cities. Police court
judges are given concurrent jurisdiction with superior court judges, but only for "violations of the provisions of this title." The "provisions of this title" are state statutes, not municipal ordinances.
Shortly after the 1955 amendment to the motor vehicle code was adopted, the Attorney General issued an opinion correctly advising that Laws of 1955, chapter 393, § 4 did not authorize cities to impose, by ordinance, penalties equal to those provided by the motor vehicle code. A.G.O. 1955-57, No. 118 (July 20, 1955).
There is, however, one other section in RCW, i.e., RCW 46.20.280, dealing with reports to the Director of the Department of Licenses, which would seemingly support an argument that the legislature in a
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