Chapter 6A.14
NUISANCES

Sections:

6A.14.010 Public nuisance defined.

6A.14.020 Maintaining or permitting a public nuisance.

6A.14.030 Abatement of nuisance – Criminal proceedings.

6A.14.040 Abatement of nuisance – Civil proceedings.

6A.14.050 Repealed.

6A.14.060 Littering prohibited – Penalties – Litter cleanup restitution payment.

6A.14.010 Public nuisance defined.

(1) As used in this chapter, a “public nuisance” shall mean:

(a) Erecting, continuing or using any building, room, or other place in the city for the exercise of any trade, employment or manufacture which, by occasioning noxious exhalations, offensive odors or other annoyances, annoys, injures or is offensive or detrimental to the health of individuals or of the public; or

(b) Burning of refuse or other material in such a manner as to cause or permit smoke, ashes, soot, or gasses arising from such burning to become discomforting or annoying to a considerable number of persons or to injure or endanger property, or to injure or endanger the health of any person; or

(c) Any pit, basin, hole or other excavation which is unguarded and dangerous to life, or has been abandoned, or is no longer used for the purpose which it was constructed, or is maintained contrary to law; or

(d) Any obstruction to a street or other public way which is done or made without lawful permission, or which, having been done or made by lawful permission, is kept and maintained after the purpose thereof has been accomplished, and for an unreasonable length of time; or

(e) The keeping and harboring of any animal which by frequent or habitual noisemaking shall annoy or disturb any person; or

(f) Erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of the following conditions or things:

(i) Filthy, littered or trash-covered dwellings, yards, vacant lots or other premises; or

(ii) Bottles, cans, glass, ashes, pieces of scrap iron, wire, metal articles, broken stone or cement, or abandoned material, unless it shall be kept in covered bins or receptacles; or

(iii) Trash, litter, rags, accumulations of empty barrels, boxes, crates, packing cases or other pack material, lumber which is not neatly piled, scrap iron or other metal which is not neatly piled, or anything whatsoever in which rodents or insects may breed or multiply, or which may be a fire hazard; or

(g) Any act or omission to perform a duty which act or omission shall:

(i) Annoy, injure or endanger the safety, health, comfort or repose of any considerable number of persons; or

(ii) Offend public decency; or

(iii) Unlawfully interfere with, obstruct, or tend to obstruct, or render dangerous for passage, a public park, street, alley, highway, or other public area; or

(iv) In any way render a considerable number of persons insecure in life or the use of property; or

(h) Any other item or thing, of any nature, included within WCC 6A.16.010.

(2) As used in this chapter, a “considerable number of persons” shall mean three or more persons from different households. (Ord. 2004-33 § 7; Ord. 2419 § 1.01, 1980)

6A.14.020 Maintaining or permitting a public nuisance.

(1) It is unlawful for any person to:

(a) Commit, create, permit, maintain or allow a public nuisance; or

(b) Willfully omit or refuse to perform any legal duty relating to the removal of any public nuisance within 24 hours of having been notified to do so by a public or peace officer.

(2) A first violation of this provision may result in the issuance of a notice of infraction or citation for an infraction and shall be punishable by a fine with a base penalty of $100.00, in addition to any statutory assessments as provided in the Revised Code of Washington. A second or subsequent violation of this provision is a misdemeanor. (Ord. 2004-39 § 4, 2004; Ord. 2004-33 § 8; Ord. 2852, 1990; Ord. 2419 § 1.01, 1980)

6A.14.030 Abatement of nuisance – Criminal proceedings.

When judgment is rendered against any person, finding that person guilty of creating, permitting, maintaining or allowing a public nuisance, the court may, upon application of the city attorney, suspend or defer the imposition of any fine or jail sentence, or any part thereof, on the condition that the defendant or defendants in such action forthwith abate and remove such nuisance. Failure to comply with the order of the court, within the time frame ordered, shall be grounds for revoking all or any part of the sentence so suspended or deferred. (Ord. 2419 § 1.01, 1980)

6A.14.040 Abatement of nuisance – Civil proceedings.

The city, at its election, may bring an action of abatement in superior court or pursuant to WCC 6A.16.020, 6A.16.030 and 6A.16.040 without first bringing criminal proceedings for any violation of this chapter. Action taken pursuant to this section shall not prevent nor bar the city from bringing criminal proceedings subsequent to the filing of an abatement action. (Ord. 2419 § 1.01, 1980)

6A.14.050 Miscellaneous nuisances declared.

Repealed by Ord. 2004-33. (Ord. 2864 § 2, 1990; Ord. 2419 § 1.01, 1980)

6A.14.060 Littering prohibited – Penalties – Litter cleanup restitution payment.

(1) It is a violation of this section to abandon a junk vehicle upon any property. In addition, no person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the city or upon private property in the city not owned by him or her or in any body of water within the city, whether from a vehicle or otherwise, including but not limited to any public park, public highway, road, street, or alley except:

(a) When the property is designated by the state of Washington, its agencies or political subdivisions, or municipalities incorporated under state law for the disposal of garbage and refuse, and the person is authorized to use such property for that purpose;

(b) Into a litter receptacle in a manner that will prevent litter from being carried away or deposited by the elements upon any part of the private or public property or waters.

(2)(a) It is unlawful for a person to litter in an amount less than or equal to one cubic foot. A violation of this subsection may result in the issuance of a notice of infraction or citation for an infraction and shall be punishable by a fine with a base penalty of $100.00, in addition to any statutory assessments as provided in the Revised Code of Washington.

(b) It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or $100.00 per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the city for the support of its law enforcement litter control efforts. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this subsection, if the person cleans up and properly disposes of the litter.

(c) It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup or $200.00 per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the city for the support of its law enforcement litter control efforts. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this subsection if the person cleans up and properly disposes of the litter.

(3) If a junk vehicle is abandoned in violation of this section, RCW 46.55.230 governs the vehicle’s removal, disposal and sale and the penalties that may be imposed against the person who abandoned the vehicle.

(4) It is unlawful for a person to discard, in violation of this section, a cigarette, cigar, or other tobacco product that is capable of starting a fire. A violation of this subsection may result in the issuance of a notice of infraction or citation for an infraction and shall be punishable by a fine with a base penalty of $250.00, in addition to any statutory assessments as provided in the Revised Code of Washington. (Ord. 2004-33 § 9)