Chapter 8.04
NUISANCES
Sections:
8.04.020 Maintaining or permitting prohibited.
8.04.030 Affecting health – Designated.
8.04.050 Affecting peace and safety – Designated.
8.04.010 Defined.
A public nuisance is a thing, act, omission, occupation, condition or use of property which:
A. Substantially annoys, injures, or endangers the comfort, health, repose or safety of the public;
B. In any way renders the public insecure in life or in the use of property;
C. Interferes with, obstructs or tends to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way. (Ord. 1219-15 § 2; Ord. 376 § 2, 1979)
8.04.020 Maintaining or permitting prohibited.
No person, persons, firms or corporation shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the city of Sultan. (Ord. 1219-15 § 2; Ord. 376 § 1, 1979)
8.04.030 Affecting health – Designated.
The following acts, omissions, places, conditions and things are specifically declared to be public health nuisances, but shall not be construed to exclude other health nuisances coming within the definition of SMC 8.04.010:
A. All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public;
B. Carcasses of animals, birds or fowl not buried or otherwise disposed of in a sanitary manner within 24 hours after death;
C. Accumulations of decayed animal or vegetable matter, trash, or rubbish, rotting lumber, bedding, packing material, scrap metal or any material whatsoever in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed;
D. All stagnant water in which mosquitoes, flies or other insects may multiply;
E. All noxious weeds (a weed being defined as any plant that grows out of place), and other rank growth of vegetation upon public or private property, all grass and weeds in excess of 12 inches in height in a nonagricultural use (“agricultural use” being defined as producing field crops including, but not limited to, grains, feed crops, fruits and vegetables), and all grass, weeds, shrubs, bushes, trees or vegetation growing or which have grown and died, on any property and are a fire hazard or a menace to public health, safety or welfare;
F. Tent caterpillars;
G. The escape of smoke, soot, cinders, noxious acids, fumes, gases, ash or industrial dust within the city limits in such quantities as to endanger the health of persons of ordinary sensibilities or cause injury to property;
H. The pollution of any well or cistern, stream, lake, canal or body of water by sewage or industrial wastes or other substances;
I. Any use of property, substances or things emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, effluvia or stenches repulsive to the physical senses of persons which annoy, discomfort, injure or inconvenience the health of persons within the city;
J. All abandoned wells not securely covered or secured from public use;
K. All public exposure of persons having a contagious disease;
L. The distribution of samples of medicines or drugs unless such samples are placed in the hands of an adult person;
M. Garbage cans which do not have a tight-fitting lid;
N. All infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and other biological agents capable of transmitting disease to humans;
O. All other acts, omissions of acts, occupations and uses of property which are deemed by the Snohomish County board of health to be a menace to the health of the inhabitants of this city. (Ord. 1219-15 § 2; Ord. 376 § 3, 1979)
8.04.040 Offending morals and decency – Designated.
Repealed by Ord. 1219-15. (Ord. 376 § 4, 1979)
8.04.050 Affecting peace and safety – Designated.
The following acts, omissions, places, conditions and things are declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the provisions of SMC 8.04.010:
A. All snow and ice not removed from public sidewalks;
B. All unauthorized signs, signals, markings or devices which purport to be or may be mistaken as official traffic-control devices placed or maintained upon or in view of any public highway or railway crossing;
C. All trees, hedges, signs or other obstructions which prevent persons from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk;
D. All limbs of trees which project over a public sidewalk, less than eight feet above the surface thereof or less than 14 feet above the surface of a public street;
E. All trees, limbs, buildings, structures, power and light poles and their appurtenances, or equipment which poses a reasonable threat to life or property in the event that such trees, limbs, buildings, structures, power and light poles and their appurtenances or equipment were to fall on adjacent public or private property;
F. All use or display of fireworks except as provided by the laws of the state of Washington and ordinances of the city;
G. All buildings or structures so old, dilapidated and out of repair or which have been so damaged by fire or flood as to be dangerous, unsafe, unsanitary or otherwise unfit for human use;
H. All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface of the street or ground;
I. All motorcycles, automobiles, chainsaws, lawnmowers or other motorized equipment which are not equipped with the original equipment muffler or noise-deadening device or other replacement muffler or noise-deadening device recommended by the engine manufacturer;
J. The keeping or harboring of any animal or fowl which by the emission of offensive odors unreasonably annoys or disturbs the peace, comfort or repose of others in the city;
K. Allowing vicious animals to run at large and all activities prohibited by Chapters 6.04, 6.08, 6.12 and 6.16 SMC;
L. All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by the ordinances of the city or which, although made in accordance with such ordinances, are kept or maintained for an unreasonable length of time after the purpose whereof has been accomplished;
M. All open and unguarded pits, wells, excavations or unused basements;
N. All abandoned refrigerators or freezers from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside;
O. Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the street or sidewalk, except when engaged in constitutionally protected activities;
P. Violations of the ordinances of the city or laws of the state of Washington relating to the storage of flammable liquids;
Q. The dismantling, reconstruction or repair of any vehicle or piece of machinery upon any street, alley or other public place, except minor repairs of an emergency nature;
R. All vehicles or machines parked or driven on any city street, alleyway or highway with a leaking fuel tank;
S. All vehicles used to transport flammable or explosive liquids or gases or corrosive acids, parked within the city limits, unless said vehicle is in the lawful delivery of said liquids, gases or acids;
T. Any fence or other structure or thing on private property abutting or fronting upon any public street, sidewalk or place, which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition;
U. The existence upon the sidewalk in front of any premises of any debris, litter or substantial quantity of dirt;
V. All dangerous, unguarded machinery, in any public place, or so situated or operated on private property as to attract the public;
W. Leading, driving or riding any horse or other livestock upon or over any sidewalk or public park;
X. Crossing curbs or sidewalks with vehicles where no regular provision has been made for such crossing, without first protecting the same with appropriate risers and planking;
Y. Exposed or discarded weapons, knives, needles, or other objects capable of injuring the health or safety of minors or other persons;
Z. All other conditions or things which are liable to cause injury to the person or property of anyone. (Ord. 1219-15 § 2; Ord. 484, 1986; Ord. 438, 1983; Ord. 376 § 5, 1979)
8.04.060 Abatement – Inspection of premises.
Repealed by Ord. 1219-15. (Ord. 376 § 6(a), 1979)
8.04.070 Enforcement.
The provisions of this chapter shall be enforced using the procedures established in the city’s code enforcement chapter, Chapter 1.10 SMC, and references to “code” in that chapter shall include this chapter also. (Ord. 1219-15 § 2; Ord. 376 § 6(b) (1), 1979)
8.04.080 Abatement – Notice – Form.
Repealed by Ord. 1219-15. (Ord. 376 § 6(b) (1), 1979)
8.04.090 Abatement – Notice – Mailing and filing.
Repealed by Ord. 1219-15. (Ord. 376 § 6(b) (2), 1979)
8.04.100 Abatement – Failure by owner – Conditions for immediate removal by city.
Repealed by Ord. 1219-15. (Ord. 376 § 6(c), 1979)
8.04.110 Abatement – Conditions for removal by court action.
Repealed by Ord. 1219-15. (Ord. 376 § 6(d), 1979)
8.04.120 Abatement – Other methods not excluded.
Repealed by Ord. 1219-15. (Ord. 376 § 6(e), 1979)
8.04.130 Abatement – Cost and assessment.
Repealed by Ord. 1219-15. (Ord. 376 § 7, 1979)
8.04.140 Violation – Penalty.
Repealed by Ord. 1219-15. (Ord. 376 § 8, 1979)