Chapter 6.08
PUBLIC NUISANCES

Sections:

6.08.010    Public nuisance defined.

6.08.020    Public nuisances affecting health.

6.08.030    Public nuisances affecting peace and safety.

6.08.031    Public disturbance noises--General prohibition.

6.08.040    Abatement--Order.

6.08.050    Abatement--Cost recovery.

6.08.055    Civil injunctive action.

6.08.060    Violation--Penalty.

6.08.010 Public nuisance defined.

A nuisance is a thing, act, occupation, or use of property as defined in RCW 9.66.010 and which:

A.    Annoys, injures or endangers the public safety, health, or offend the peace and dignity of the town;

B.    Offends public decency;

C.    Unlawfully interferes with, obstructs, or tends to obstruct or renders dangerous for passage, any bay, stream, canal, basin or public park, public property, square, street, alley, roadway or highway;

D.    In any way renders the public at large or a considerable number of persons insecure in life or in the use of property. (Ord. 30 § 1, 1963)

6.08.020 Public nuisances affecting health.

The following are declared to be nuisances affecting health:

A.    All decayed or unwholesome food offered for sale or made publicly available;

B.    All diseased animals running at large;

C.    All ponds or pools of stagnant water;

D.    Carcasses of animals not buried or destroyed within twenty-four hours after death;

E.    Accumulations of manure or rubbish;

F.    Garbage cans and privy vaults which are not flytight;

G.    The pollution of any stream, canal, body of water or public well or cistern by sewage or industrial wastes or other substances;

H.    All noxious weeds and other rank growth upon public or private property;

I.    All public exposure of persons having a contagious disease;

J.    The distribution of samples of medicines or drugs, unless such samples are placed in the hands of an adult person;

K.    All other acts, omissions of acts, occupations and uses of property which are deemed by the town council to be a menace to the health of the inhabitants of the town, or any considerable number thereof. (Ord. 30 § 2, 1963)

6.08.030 Public nuisances affecting peace and safety.

The following are declared to be nuisances affecting the public peace and safety:

A.    All trees, hedges, billboards, or other obstructions which prevent persons from having a clear view of traffic approaching an intersection from cross streets in sufficient time to bring a motor vehicle, driven at a reasonable speed and within the designated speed limits, to come to a full stop before the intersection is reached;

B.    All limbs of trees which are less than eight feet above the surface of any public sidewalk, walkway, or nine feet above the surface of any public street;

C.    All wires which are strung less than fifteen feet above the surface of the ground;

D.    All buildings, walls, and other erected structures which have been damaged by fire, decay, or otherwise to an extent exceeding one-half the original value, and which are so situated as to endanger the safety of the public;

E.    All explosives, inflammable liquids and other dangerous substances stored in any manner or in any amount other than that provided by ordinance and not within the designated petroleum products storage areas;

F.    All use or display of fireworks except as provided by ordinance or as sponsored by and under the supervision of public officers of the town;

G.    The promiscuous use of firearms, air rifles or pistols and other similar devices employing explosives, gases or air as propellants for a metallic projectile, bullet, BB shot or related projectiles;

H.    (Reserved);

I.    All buildings and all alterations to buildings made or erected in violation of the zoning ordinance and/or building code concerning the manner and materials of such construction;

J.    Any unguarded or abandoned excavation, pit or well or hole dangerous to life or limb, or which affects the ordinary use by the residents and public of the streets, alleys, roadways or the public grounds of the town except under such conditions as are specifically provided for by ordinance or resolution duly authorized and passed by the Town Council;

K.    Any use of property abutting on a public street or sidewalk or any use of a public street or roadway which causes large crowds of people to gather, obstructing traffic and the free use of such streets, roadways or sidewalks to safe public passage;

L.    All dangerous, unguarded machinery, in any public place, or so situated or operated on private property as to attract children or the public to and upon the same;

M.    Throwing or depositing or causing to be deposited or left in any street, alley, roadway or other public place or by the side of such street, alley, roadway within the town any garbage, refuse, filth, debris, offal, the carcass of any animal, or other offensive matter, or causing or permitting such or any other offensive matter to collect or remain in any place within the town to the prejudice or annoyance of others and in violation of the peace and dignity of the town;

N.    Allowing cut wood, stumps, wood debris, building materials and other similar items to be placed and/or remain on any property within the town which is not stacked or stored in a safe manner;

O.    Allowing cut wood, stumps, wood debris, building materials and other similar items to be placed and/or remain on any property within the town which may cause rodents or other pests to congregate. (Ord. 07-476 (part), 2007; Ord. 216 § 1, 1988: Ord. 30 § 3, 1963)

6.08.031 Public disturbance noises--General prohibition.

It is unlawful and shall constitute a public nuisance under Section 6.08.010 for any person to knowingly cause or make, or for any person in possession of property knowingly to allow to originate from the property, unreasonable noise that intrudes upon the property of another.

A.    Illustrative Enumeration. Public disturbance noises shall include, but shall not be limited to, the following sounds or combinations of sounds:

1.    Frequent, repetitive or intermittently continuous sounds made by any domestic animal.

2.    Frequent, repetitive or intermittently continuous sounds made by any horn or siren attached to a motor vehicle, except for emergency vehicles or as otherwise specifically permitted by law.

3.    Frequent, repetitive or intermittently continuous sounds made in connection with the starting, operating, repairing, rebuilding or testing of any motor vehicle, motorcycle, race vehicle, off-highway vehicle or combustion engine.

4.    Frequent, repetitive or intermittently continuous sounds made by the use of a musical instrument or other device capable of producing sound when struck by an object, or a whistle, or of a device capable of producing or reproducing sounds.

5.    Amplified sound audible fifty feet or more away from its source or which is plainly audible within another building or structure.

B.    The following sounds are exempt from the provisions of subsection A of this section when performed between the hours of eight a.m. and six p.m.:

1.    Sounds relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances, including but not limited to lawn mowers, saws, hammering and gardening.

2.    Sounds originating from construction sites as a result of normal, routine construction activity.

3.    Sounds created by the construction, installation or repair of public utility services or public facilities.

4.    Sounds allowed by permit.

C.    Enforcement. Whenever a complaint is received and a violation of this section is verified to be in-progress by the responding Police Officer, or whenever it is stated in writing by a person having separate residences in a neighborhood that any person is violating any of the provisions of this section, and a Police Officer has determined that such activity would constitute a violation of this section, the Police Officer shall advise the person of the complaint and violation. Failure of any person to cease shall be considered a second violation of this section.

E.    Penalty. Any person violating any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed one thousand dollars or ninety days in jail, or both such fine and jail term. A minimum fine for the first violation of this chapter shall be one hundred dollars, and a minimum fine for a second or subsequent violation shall be twice the amount as for a first offense. (Ord. 07-476 (part), 2007)

6.08.040 Abatement--Order.

When judgment shall be rendered against any person, firm or corporation, finding them guilty of creating, keeping or maintaining a nuisance, as provided in this chapter, it shall be the duty of the court before whom the conviction is had, in addition to imposing the penalty or penalties provided in Section 6.08.060 of this chapter, to order the defendant or defendants in such action to forthwith abate and remove such nuisance, and if the same is not done by such offender within twenty-four hours, the same shall be abated or removed under the direction of the Police Chief of the town or any other officer authorized by the order of said court, which order of abatement shall be entered upon the docket of said court and made a part of the judgment in said action. (Ord. 30 § 5, 1963)

6.08.050 Abatement--Cost recovery.

Any person, firm or corporation found guilty of keeping or maintaining a nuisance as provided in this chapter, shall be liable for all costs and expenses of abating the same when said nuisance has been abated by any officer of the town, which said costs and expenses shall be taxed as part of the costs of said prosecution against the party liable, to be recovered as other costs are recovered. Provided, that in such cases the town shall be liable in the first instance to pay the same and in all cases where the police chief or other officer shall abate any such nuisance, he shall keep an account of all expenses attending such abatement and in addition to other powers herein given to collect such costs and expenses, the town may bring suit for the same in any court of competent jurisdiction against the person, firm or corporation creating, keeping or maintaining the nuisance so abated. (Ord. 30 § 6, 1963)

6.08.055 Civil injunctive action.

In addition to the other remedies provided for in this chapter, the town may pursue a civil injunctive action to enjoin or restrain the nuisance. (Ord. 216 § 2, 1988)

6.08.060 Violation--Penalty.

Any person, firm, or corporation violating any of the provisions of this chapter or who shall create, keep or maintain any nuisance as defined in this chapter, shall upon conviction thereof be fined in a sum not to exceed one hundred dollars or imprisoned for a period not to exceed thirty days, or both, and for each act herein prohibited of a continuing nature each day shall be considered as a separate offense. (Ord. 30 § 4, 1963)