Chapter 6.08


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.

6.08.035    Junk vehicles--Notices required, abatement and removal.

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. 17-578 § 1 (Exh. C (part)), 2017:  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 as defined by the State of Washington 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. 17-578 § 1 (Exh. C (part)), 2017:  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 that 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;

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 projectile;

H.    Junk vehicles parked, stored or abandoned on public or private property.

1.    "Junk vehicle" means a motor vehicle, boat or trailer certified as meeting at least two of the following requirements:

a.    Is extensively damaged, such damage including but not limited to any of the following:  substantial body damage, broken windows or missing wheels, tires, motor or transmission;

b.    Is apparently inoperable or has not moved for more than thirty days;

c.    Is without valid, current license plates or certificate of registration;

d.    Has a fair market value equivalent to or less than its value as scrap.

2.    The provisions of this chapter relating to junk vehicles shall not apply to a vehicle or part thereof that is not visible from the street or other public or private property.

3.    The Mayor or code enforcement officer may inspect and certify that a vehicle meets the requirements of a junk vehicle.  Such certification shall be in writing and shall record the make of the vehicle, the vehicle identification number, and the license plate number of the vehicle if available.  The certifying individual shall also describe in detail any damage, missing equipment, or condition to verify the value of the junk vehicle for purposes of subsection (H)(1)(d) of this section;

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 that 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;

M.    Throwing, 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;

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

O.    Allowing cut wood, stumps, wood debris, building materials and other similar items that may cause rodents or other pests to congregate to be placed and/or remain on any property within the Town.  (Ord. 17-579 §§ 4, 5, 2017; Ord. 17-578 § 1 (Exh. C (part)), 2017:  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.    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:

a.    By any domestic animal.

b.    By any horn or siren attached to a motor vehicle, except for emergency vehicles or as otherwise specifically permitted by law.

c.    In connection with the starting, operating, repairing, rebuilding or testing of any motor vehicle, motorcycle, race vehicle, off-highway vehicle or combustion engine.

d.    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.

2.    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 otherwise emanating from activities allowed by permit or as specifically authorized by the Town.

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 at least two people having separate residences that someone 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.

D.    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. 17-578 § 1 (Exh. C (part)), 2017:  Ord. 07-476 (part), 2007)

6.08.035 Junk vehicles--Notices required, abatement and removal.

A.    The last registered owner of the junk vehicle and the property owner of record shall each be given a notice and order pursuant to this code.  Each shall have the right of appeal as provided by this chapter.  The notice and order need not be provided to the last registered owner of the vehicle if the vehicle is in such condition that the identification numbers cannot be readily determined or if the owner of the land has prevented access to the vehicle.

B.    After the notice and order becomes final, the junk vehicle or vehicles shall be removed by a licensed tow truck operator or hulk hauler and the Director may give notice to the Washington State Patrol and to the Washington State Department of Licensing.

C.    The costs of abatement and removal may be assessed against the last registered owner as in the case of abandoned motor vehicles pursuant to State law.  The costs of abatement and removal, any civil penalties assessed, and costs incurred by the Town of Woodway, may also be imposed and be enforced as provided by this chapter.  (Ord. 17-578 § 1 (Exh. C (part)), 2017)

6.08.040 Abatement--Order.

A.    When a person, firm or corporation is found guilty of creating, keeping or maintaining a nuisance, as provided in this chapter, it shall be the duty of the convicting court to:

1.    Impose the penalty or penalties provided in Section 6.08.060; and

2.    Order the defendant or defendants in such action to abate and remove the nuisance.

B.    If the nuisance is not abated by the offender within twenty-four hours, the Police Chief of the Town or any other officer authorized by the order of said court shall direct the nuisance to be abated or removed.

C.    The order of abatement shall be entered upon the docket of the court and made a part of the judgment record.  (Ord. 17-578 § 1 (Exh. C (part)), 2017:  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 abatement costs and expenses when the nuisance has been abated by any officer of the Town.  The abatement costs and expenses shall be taxed as part of the costs of the prosecution against the party liable, to be recovered as other costs are recovered; provided, that, in such cases, the Town shall be liable at the time of abatement to pay the abatement costs and expenses.  In all cases where the Police Chief or other officer shall abate any nuisance, he shall keep an account of all abatement costs and expenses.  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. 17-578 § 1 (Exh. C (part)), 2017:  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. 17-578 § 1 (Exh. C (part)), 2017:  Ord. 216 § 2, 1988)

6.08.060 Violation--Penalty.

Any person, firm, or corporation convicted of violating any of the provisions of this chapter shall be fined up to one hundred dollars or imprisoned for up to thirty days, or both.  Each day that a violation is continued shall be considered a separate offense.  (Ord. 17-578 § 1 (Exh. C (part)), 2017:  Ord. 30 § 4, 1963)