Chapter 9.10
DISORDERLY CONDUCT – PUBLIC NUISANCES
Sections:
9.10.010 Disorderly conduct.
The following persons are hereby declared to be in violation of this chapter for the following conduct within the city of South Bend, Washington:
A. Any person causing and participating in any fighting.
B. Any person annoying, provoking, injuring or endangering the safety, health, comfort or repose of any other persons.
C. Any person causing and/or participating in conduct which disrupts the peace, comfort and repose of other persons.
D. Any person who knowingly allows his/her animal or an animal within his/her care to endanger, threaten, and/or attack other persons and/or animals, cause continuous disruptive noise, trespass on and/or damage private property or personal possessions.
E. Any person causing and/or participating in playing music by means of radio, stereo, instruments, or other devices at levels of loudness which disrupt the peace, comfort, or repose of others.
Complaints of such conditions must be confirmed by law enforcement personnel and/or by at least three unrelated individuals from separate residences or locations in written form.
1. Quiet Hours. Quiet hours shall be observed between the hours of 10:00 p.m. and 7:00 a.m.
a. Exception. Construction activity may be permitted outside the hourly limits set forth in this subsection (E)(1) (“expanded work hours”) only upon approval by the director of public works, the mayor, or their designee.
2. Exceptions.
a. Gatherings/functions in public areas during special events permitted by the city of South Bend.
b. Chamber of Commerce activities.
c. Established businesses that provide entertainment in the form of music.
Exceptions (E)(2)(a) and (b) will have a time limit from 10:00 a.m. to 12:00 a.m. whenever any musical instruments, radios, stereos or other devices are being used.
(If these three exceptions receive complaints of disorderly conduct/public nuisance as described in this subsection, law enforcement may use this subsection to establish order for the safety, peace and repose of said established exceptions in subsections (E)(2)(a), (b) and (c) of this section.)
F. Any person participating in lewd activity such as exposing one’s genitals or other intimate parts of one’s body and/or defecating or urinating in a public place.
G. Any person who intentionally discharges within the city limits of South Bend any type of firearm as defined in RCW 9.41.010 or any type of weapon that discharges a projectile or projectiles. This includes but is not limited to rifles, pistols, shotguns, air rifles, BB guns, and pellet guns.
This does not include the use of a shotgun (for hunting purposes only) within the Chermack addition to South Bend and that portion of the corporate limits of South Bend lying north of the Willapa River. This does not include any legal or training discharge of weapons authorized by the police agency of the city of South Bend, Washington.
H. Any person who discharges, throws or fires any exploding or burning device within the city limits. Legal fireworks are allowed within the city limits from 10:00 a.m. to 10:00 p.m. on July 3rd and from 10:00 a.m. to 12:00 a.m. on July 4th of each year.
A citywide burn ban, if declared by the South Bend fire chief, will revoke any and all discharge, firing or throwing of any exploding or burning devices, including legal fireworks.
I. Any person under the influence of alcohol and/or drugs to an extent that said person conducts himself/herself in a manner that is threatening, abusive, offensive, disruptive, provoking and/or endangers the health, safety, peace and repose of others and/or disrupts the flow of traffic on a public roadway and any person who consumes alcoholic beverages and/or possesses an open alcohol container in a public place. (Ord. 1580, 2022; Ord. 1345, 2005; Ord. 1229 § 2, 1998).
9.10.020 Public nuisance.
A. Definitions.
“Boat” means any boat 14 feet long or longer.
“Derelict boat” is any boat stored and not used within the city limits for more than one year.
“Improper storage of vehicles, recreational vehicles, and boats” shall mean no more than four vehicles, recreational vehicles, or boats shall be stored in front, side, or rear yards for more than one week (168 hours) except those stored in garages, carports, and/or off-street parking adjacent to owners’ property. No derelict boat shall be stored more than one year on any front, side, or rear yard that is in full view of public.
“Nuisance,” for the purposes of this section, shall be defined to mean:
1. Any building or structure which is considered unsafe per Section 116 of the 2013 International Building Code;
2. Any condition or use of premises or building which is detrimental to or damages the property of others, although the extent of the detriment or damages may be unequal;
3. Doing an act which either annoys, injures or endangers the comfort, repose, health or safety of others, offends decency, or interferes with, obstructs, or tends to obstruct, or renders dangerous for passage any waterway, public park, square, street, alley, sidewalk or highway in the city or in any way renders other persons insecure in life, or in the use of property; or
4. Improperly storing vehicles, recreational vehicles, and boats which detract from the character and/or safety of neighborhoods.
“Person” means any human, corporation, association or business.
“Recreational vehicle” means a vehicular type unit primarily designed as temporary living quarters for recreational camping, travel, or seasonal use that either has its own power or is mounted on or towed by another vehicle. Recreational vehicles include, but are not limited to, camping trailers, fifth-wheel trailers, motor homes, buses, travel trailers, and truck campers.
“Vehicle” means a motorized or nonmotorized conveyance that includes but is not limited to an automobile, car, truck, camper, motorcycle, trailered boat, trailered personal watercraft, trailer of any type, golf cart, or riding lawn mower and may or may not be intended for use on public roadways or waterways.
B. Unsafe Buildings or Structures. Section 116 of the 2013 International Building Code:
Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.
1. Examples of Nuisances. Nuisances include, but shall not be limited to, the following acts or conditions:
a. The accumulation of refuse, including all sweeping, cleanings, trash, dirt, garbage, industrial or domestic waste, discarded food, animal and vegetable matter, cans, bottles, tree or shrub trimmings, grass clippings, or other yard wastes, wood, stone, brick, plaster, material resulting from the demolition, alteration, construction of buildings or structures or any other waste substance which may become a nuisance.
b. Accumulation or scattering of ashes consisting of cinders or residue from the combustion of coal, coke, wood, or other combustible material.
c. Accumulation of junk, including old appliances, or parts thereof, iron, or metal, glass, cardboard, lumber, wood, mattresses and other cloth or plastic materials.
d. Accumulation or scattering of litter, including paper, waste and other discarded material.
e. The closing of any street, public sidewalk or alley unlawfully, or the partial obstruction thereof.
f. The accumulation of filthy, stagnant or impure water, vegetables, decayed or decaying substances, or other matter or material, which may cause, or tend to cause, or create a nuisance, or offensive smell or atmosphere.
g. The keeping, casting or leaving of any cans, bottles, glass, tacks, refuse, junk or litter upon any street, sidewalk, alley, public square or park.
h. The leaving of the carcass of any animal, or any fish or fowl, or unsound meat.
i. Leaving open any ditch or excavation upon public property which is dangerous to life and limb, unless there is a sign visible from 60 feet marked “dangerous” and marked at night with an appropriate light.
j. The keeping or maintenance in any area on private property which is clearly visible from a public street, sidewalk, park or other public area of any accumulation, collection or untidy storage of any of the following: new or old appliances or parts thereof; old iron, steel, aluminum or other metal; bathroom fixtures, inoperable vehicles, vehicle parts, machinery or equipment; mattresses, bedding, clothing, rags or cloth; straw, packing materials, cardboard or paper, tin cans, wire, bottles, glass, paint cans, cans, barrels, bins, boxes, containers, sinks, ashes, plaster or cement; or wood, excessive weeds, brush, grass over eight inches tall, trees, unkempt landscaping which could endanger the safety of others or be a potential fire hazard, mosquito or rodent refuse or a danger to the general health, peace and/or repose of others. This determination shall not apply to conditions completely enclosed within a building or fencing so as not to be visible from public property.
C. Vehicle Storage Prohibitions. No owner, renter or lessor of property in the city of South Bend shall store any vehicle which is extensively damaged, such as damage including, but not limited to, any of the following: broken window or windshield, missing wheels, tires, motor or transmission, is three years old or older, not licensed and inoperable, on private property for more than one week (168 hours). This prohibition does not apply to vehicles stored in enclosed areas not visible to the public (garage, fully fenced yard) which obscures view of the yard. The owner, renter and lessor are equally responsible. The owner, renter or lessor may apply to the city council for extensions based on demonstrated or documented need or hardship.
D. Special Permit. Recognizing there may be circumstances that exist for an owner which exceed the requirements of this section, the chief of police may issue a special permit allowing a variance from the requirements set forth by this section. Such permits shall be issued for no more than six months. A variance can be renewed by the city council. The council may require a public hearing prior to considering a special permit. (Ord. 1466 § 1, 2013; Ord. 1426, 2010; Ord. 1314, 2004; Ord. 1269, 2001; Ord. 1229 § 3, 1998).
9.10.030 Filing.
The ordinance codified in this chapter is adopted in accordance with the provisions of RCW 35A.12.140 and prior to its adoption a copy of the Revised Code of Washington has been made available in the office of the city clerk-treasurer for use and examination by the public. (Ord. 1229 § 5, 1998).
9.10.040 Violation – Penalty.
A. A person who violates the provisions of this chapter or who fails to comply with any of its requirements shall be subject to the procedures and sanctions set forth in the Infraction Rules for Courts of Limited Jurisdiction (IRLJ) or any amendments thereto. For the first offense within a 12-month period, the person shall be fined an amount not less than $150.00.
B. For a second offense within a 12-month period, in addition to the civil penalty provisions provided in subsection (A) of this section, any person who violates any of the provisions of this chapter is guilty of a misdemeanor. The penalty for each violation is a fine of not more than $1,000 or imprisonment for not more than 90 days or both.
C. In addition, for violations of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, and any successor code in such form and with such amendments as may from time to time be mandatorily required by state law, whether by action of the legislature or the properly delegated agency thereof, the abatement procedures set forth in the dangerous buildings code may be utilized.
D. Any or all of the remedies articulated in this section may be used by the city to enforce this chapter. Nothing contained in the chapter shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violations. (Ord. 1554, 2020; Ord. 1229 § 4, 1998).