Chapter 9.46
PUBLIC NUISANCES

Sections:

9.46.010    Statutes incorporated by reference.

9.46.030    Smoking where prohibited.

9.46.040    Disposal of diseased animal’s carcass.

9.46.050    Unsecured iceboxes and refrigerators—Statutes incorporated by reference.

9.46.060    Abandoned wells and cisterns.

9.46.070    Detriments to health.

9.46.080    Construction noise.

9.46.090    Penalties.

9.46.010 Statutes incorporated by reference.

RCW 9.66.010 Public nuisance.

RCW 9.66.020 Unequal damage.

RCW 9.66.030 Maintaining or permitting nuisance.

RCW 9.66.040 Abatement of nuisance.

RCW 9.66.050 Deposit of unwholesome substance.

RCW 70.54.010 Polluting water supply.

RCW 70.93.060 Littering.

(Ord. 708 § 28 (part), 1991: Ord. 398 § 23.01, 1982)

9.46.030 Smoking where prohibited.

Every person who lights a pipe, cigar or cigarette in, or who enters with a lighted pipe, cigar or cigarette, any building on which is posted in a conspicuous place over and near each principal entrance a notice in plain, legible characters stating that no smoking is allowed in such building, has committed a public nuisance. (Ord. 708 § 28 (part), 1991: Ord. 398 § 23.03, 1982)

9.46.040 Disposal of diseased animal’s carcass.

Every person owning or having in charge any animal that has died or been killed on account of disease shall immediately bury the carcass thereof at least three feet underground at a place approved by the chief of police, or cause the carcass to be consumed by fire. No person shall sell or offer to sell or give away the carcass of any animal which died or was killed on account of disease. Every violation of this section is deemed a public nuisance. (Ord. 708 § 28 (part), 1991: Ord. 398 § 23.04, 1982)

9.46.050 Unsecured iceboxes and refrigerators—Statutes incorporated by reference.

RCW 9.03.010 Abandoning, discarding refrigerator equipment.

RCW 9.03.020 Permitting unused equipment to remain on premises.

RCW 9.03.030 Violation of RCW 9.03.010 or 9.03.020.

RCW 9.03.040 Keeping or storage of equipment for sale—Exceptions.

(Ord. 708 § 28 (part), 1991: Ord. 398 § 23.05, 1982)

9.46.060 Abandoned wells and cisterns.

It is unlawful for any person to abandon or discontinue use of or to permit or to maintain on his premises any abandoned or unused well, cistern or storage tank, without first demolishing or removing from the city the storage tank or securely closing and barring any entrance or trap doors thereto, or filling any well or cistern or capping the same with sufficient security to prevent access thereto by children. Any violation of this section is deemed a public nuisance. (Ord. 708 § 28 (part), 1991: Ord. 398 § 23.06, 1982)

9.46.070 Detriments to health.

The following list of actions are deemed to be public nuisances but are not to be considered exclusive:

A.    Throws, places, leaves or causes or permits to be thrown, placed or left any substance detrimental to health, or any ashes, dirt, filth, cans, glass, rubbish, garbage, decaying animal matter or vegetable matter, or any animal or human excrement or septic tank effluent, in or upon any street, alley, avenue or sidewalk in the city, or in or upon premises owned, occupied or controlled by him, or by another; or

B.    Throws, places, leaves, or causes to be placed, thrown or left in or upon any street, alley, avenue or sidewalk of the city, or in or upon premises owned, occupied or controlled by him, or by another, any paper, card, handbill, dodger, advertisement notice or waste paper; or

C.    Expectorates on the floor of any public building or in any hall or entrance, or any place where entertainments or meetings are held, or on any sidewalk in the city; is deemed to be a misdemeanor and a public nuisance. (Ord. 708 § 28 (part), 1991: Ord. 398 § 23.07, 1982)

9.46.080 Construction noise.

A.    Prohibited. It is unlawful for any person, firm or corporation to cause, or for any person, firm or corporation in possession of real property to permit, construction noise which is audible on residential, mixed use or retirement home property beyond the property lines of the property on which the construction activity is conducted as follows:

1.    Monday through Friday, prohibited before seven a.m. and after nine p.m.

2.    Saturdays/Sundays/holidays (defined in RCW 1.16.050), prohibited before nine a.m. and after seven p.m.

B.    “Construction noise” means any sound caused by construction activity including but not limited to site preparation, mobilization, clearing, grading, assembly, erection, demolition, substantial repair, alteration or similar action.

C.    Exemptions shall be in accordance with WAC 173-60-050 and 173-60-080 as adopted in Chapter 8.18. (Ord. 1355 § 2, 2015: Ord. 1083 § 13, 2003: Ord. 940 § 2, 1998; Ord. 708 § 28 (part), 1991: Ord. 655 § 1, 1989)

9.46.090 Penalties.

Violations of this chapter shall constitute a misdemeanor and be subject to the provisions contained in Chapter 1.32, General Penalties. In addition, any violation of this chapter shall be considered a public nuisance and may be abated as such. (Ord. 1355 § 3, 2015)