Chapter 6A.14
NUISANCES
Sections:
6A.14.010 Public nuisance defined.
6A.14.020 Chronic nuisance defined.
6A.14.030 Maintaining or permitting a public nuisance.
6A.14.040 Maintaining or permitting a chronic nuisance.
6A.14.055 Abandonment of shopping carts.
6A.14.060 Littering prohibited – Penalties – Litter cleanup restitution payment.
6A.14.010 Public nuisance defined.
(1) As used in this chapter a “public nuisance” shall mean:
(a) Erecting, continuing or using any building, room, or other place in the city for the exercise of any trade, employment or manufacture which, by occasioning noxious exhalations, offensive odors or other annoyances, annoys, injures or is offensive or detrimental to the health of individuals or of the public; or
(b) Burning of refuse or other material in such a manner as to cause or permit smoke, ashes, soot, or gasses arising from such burning to become discomforting or annoying to a considerable number of persons or to injure or endanger property, or to injure or endanger the health of any person; or
(c) Any pit, basin, hole or other excavation which is unguarded and dangerous to life, or has been abandoned, or is no longer used for the purpose which it was constructed, or is maintained contrary to law; or
(d) Any obstruction to a street or other public way which is done or made without lawful permission, or which, having been done or made by lawful permission, is kept and maintained after the purpose thereof has been accomplished, and for an unreasonable length of time; or
(e) The keeping or harboring of any animal which habitually howls, yelps, whines, barks, or makes other oral noise in such a manner as to unreasonably disturb other persons; or
(f) Erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any one or more of the following conditions or things:
(i) Filthy, littered or trash-covered dwellings, yards, vacant lots or other premises; or
(ii) Bottles, cans, glass, ashes, pieces of scrap iron, wire, metal articles, broken stone or cement, or abandoned material, unless it shall be kept in covered bins or receptacles; or
(iii) Trash, litter, rags, accumulations of empty barrels, boxes, crates, packing cases or other pack material, lumber which is not neatly piled, scrap iron or other metal which is not neatly piled, or anything whatsoever in which rodents or insects may breed or multiply, or which may be a fire hazard; or
(g) Causing or permitting any shopping cart to be abandoned upon any property owned by or under the control of the city, or left on any public right-of-way within the city;
(h) Any act or omission to perform a duty which act or omission shall:
(i) Annoy, injure or endanger the safety, health, comfort or repose of any considerable number of persons; or
(ii) Offend public decency; or
(iii) Unlawfully interfere with, obstruct, or tend to obstruct, or render dangerous for passage, a public park, street, alley, highway, or other public area; or
(iv) In any way render a considerable number of persons insecure in life or the use of property; or
(i) Any other item or thing, of any nature, included within WCC 6A.16.010; or
(j) Knowingly having one or more plants scientifically known as Tribulus terrestris, commonly known as puncture vine or the goat head plant.
(2) As used in this chapter, a “considerable number of persons” shall mean three or more persons from different households. (Ord. 2024-12 § 1; Ord. 2019-23 § 1; Ord. 2013-02 § 1; Ord. 2004-33 § 7; Ord. 2419 § 1.01, 1980)
6A.14.020 Chronic nuisance defined.
As used in this chapter a “chronic nuisance” shall mean a person’s action or inaction has caused a public nuisance and any of the following:
(1) Six or more calls for service by separate individuals residing in different households that occurs during any 60-day period;
(2) Ten or more calls for service by separate individuals residing in different households that occurs during any 180-day period; or
(3) Fourteen or more calls for service by separate individuals residing in different households that occurs during any 12-month period.
For purposes of this provision, a “call for service” means a call to any city department reporting a public nuisance concerning a specific property or a specific person, and there is probable cause that a violation of the city code has been committed. (Ord. 2020-27 § 2; Ord. 2019-23 § 2; Ord. 2014-01 § 1)
6A.14.030 Maintaining or permitting a public nuisance.
(1) It is unlawful for any person to:
(a) Commit, create, permit, maintain or allow a public nuisance; or
(b) Willfully omit or refuse to perform any legal duty relating to the removal of any public nuisance within 24 hours of having been notified to do so by a public or peace officer.
(2) Any person charged with a violation of subsection (1) of this section shall be subject to WCC Title 16. (Ord. 2014-01 § 2; Ord. 2010-08 § 15; Ord. 2004-39 § 4, 2004; Ord. 2004-33 § 8; Ord. 2852, 1990; Ord. 2419 § 1.01, 1980. Formerly 6A.14.020)
6A.14.040 Maintaining or permitting a chronic nuisance.
(1) It is unlawful for any person to commit, create, permit, or allow a chronic nuisance.
(2) A first violation of this section shall be a Class 1 infraction. A second or subsequent violation shall be punishable as a repeat violation under WCC 16.10.010. In addition, any violation is subject to enforcement under WCC Title 16. (Ord. 2020-27 § 1; Ord. 2019-23 § 3; Ord. 2014-01 § 3)
6A.14.050 Miscellaneous nuisances declared.
Repealed by Ord. 2004-33. (Ord. 2864 § 2, 1990; Ord. 2419 § 1.01, 1980)
6A.14.055 Abandonment of shopping carts.
(1) Abandonment Prohibited. It shall be unlawful for any owner to cause or permit any shopping cart to be abandoned upon property owned by or under the control of the city, or left on any public right-of-way within the city.
(2) Cart Identification Required. Every shopping cart owned or provided by any owner must have a sign or other clear and legible markings permanently affixed to the shopping cart that contain all the following information:
(a) Identity of owner or the retailer, or both.
(b) Notification of the procedure to be utilized for authorized removal of the cart from the premises.
(c) Notification that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is unlawful.
(d) The address or phone number for returning carts removed from the premises or parking area to the owner or retailer.
(3) Notification, Impoundment and Redemption.
(a) In addition to any other remedies or penalties stated in this chapter, the director may impound any abandoned shopping carts left on any public property owned by or under the control of the city, or left on any public right-of-way within the city. The director may hold impounded shopping carts at any city location deemed appropriate by the director until retrieved by the owner or disposed of by the city as provided by this subsection (3). If the shopping cart is disposed of by the city pursuant to this subsection (3), the owner shall be charged a $100.00 disposal fee per shopping cart.
(b) Whenever the director has impounded any abandoned shopping carts bearing the identification of ownership as required by this section or such other ownership information or identification that is sufficient, in the city’s determination, to allow the city to mail to the owner an invoice/notice of impoundment by certified mail, return receipt requested, the director shall mail an invoice/notice of impoundment by certified mail, return receipt requested, to the owner at the address shown on the shopping cart’s identification label, or such address as is determined by the director to be appropriate to give reasonable notice to the owner where the identification requirements of section are not met. Such invoice/notice shall include the following:
(i) The location where the impounded shopping carts may be redeemed, that redemption may occur between 9:00 a.m. and 3:00 p.m., Monday through Thursday, except holidays; and
(ii) If the impounded abandoned shopping carts are not retrieved within 14 days of the date of the issuance of the invoice/notice that the abandoned shopping carts shall be subject to disposal by the city, and that the owner shall also be obligated to pay the $100.00 disposal fee per shopping cart.
(c) If the impounded abandoned shopping carts are not retrieved within 14 days of the date of the issuance of the invoice/notice, the director shall be authorized to dispose of the abandoned shopping carts through whatever means or manner the director deems reasonable and appropriate. In the event of such disposal, the director is authorized to take appropriate steps to collect the $100.00 disposal fee, per shopping cart.
(d) If an abandoned shopping cart is impounded that does not have the ownership identification information permanently affixed to it as required by this section, or does not have other ownership information or identification that is sufficient, in the determination of the director, to allow the city to mail to the owner an invoice/notice of impoundment by certified mail, return receipt requested, the director shall be authorized to dispose of it immediately, without any notice requirements.
(4) Penalties.
(a) A violation of subsection (1) of this section is a class 2 civil infraction as provided for in RCW 7.80.120, as it now appears or is hereafter amended, and shall be enforced pursuant to Chapter 16.08 WCC. Each day a violation of subsection (1) of this section has occurred per shopping cart shall be deemed a separate violation.
(b) A violation of subsection (2) of this section is a class 1 civil infraction as provided for in RCW 7.80.120, as it now appears or is hereafter amended, and shall be enforced pursuant to Chapter 16.08 WCC. Each day a violation of subsection (2) of this section has occurred per shopping cart shall be deemed a separate violation.
(5) Definitions. The definitions set forth in this subsection shall govern the application and interpretation of this section:
(a) “Abandoned shopping cart” means any cart that has been removed, without written consent of the owner, from the owner’s retail premises and is located on property owned by or under the control of the city, or left on any public right-of-way within the city.
(b) “Shopping cart” means a basket which is mounted on wheels or a similar device generally used in a retail or commercial establishment by a customer for the purpose of transporting goods of any kind.
(c) “Director” means the director of parks, recreation and cultural services for the city of Wenatchee, or their designee.
(d) “Owner” means any person or entity, who/which in connection with the conduct of a business, owns, leases, possesses, or makes a shopping cart available to customers or the public. For purposes of this chapter, “owner” shall also include the owner’s designated agent.
(e) “Premises” means the entire area owned, occupied, and/or utilized by an owner for use by customers or the public, including any parking lot or other property provided by or on behalf of the owner for customer parking or use. (Ord. 2024-12 § 2)
6A.14.060 Littering prohibited – Penalties – Litter cleanup restitution payment.
(1) It is a violation of this section to abandon a junk vehicle upon any property. In addition, no person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the city or upon private property in the city not owned by him or her or in any body of water within the city, whether from a vehicle or otherwise, including but not limited to any public park, public highway, road, street, or alley except:
(a) When the property is designated by the state of Washington, its agencies or political subdivisions, or municipalities incorporated under state law for the disposal of garbage and refuse, and the person is authorized to use such property for that purpose;
(b) Into a litter receptacle in a manner that will prevent litter from being carried away or deposited by the elements upon any part of the private or public property or waters.
(2)(a) It is unlawful for a person to litter in an amount less than or equal to one cubic foot. A violation of this subsection may result in the issuance of a notice of infraction or citation for an infraction and shall be punishable by a fine with a base penalty of $100.00, in addition to any statutory assessments as provided in the Revised Code of Washington.
(b) It is a misdemeanor for a person to litter in an amount greater than one cubic foot but less than one cubic yard. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup, or $100.00 per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the city for the support of its law enforcement litter control efforts. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this subsection, if the person cleans up and properly disposes of the litter.
(c) It is a gross misdemeanor for a person to litter in an amount of one cubic yard or more. The person shall also pay a litter cleanup restitution payment equal to twice the actual cost of cleanup or $200.00 per cubic foot of litter, whichever is greater. The court shall distribute one-half of the restitution payment to the landowner and one-half of the restitution payment to the city for the support of its law enforcement litter control efforts. The court may, in addition to or in lieu of part or all of the cleanup restitution payment, order the person to pick up and remove litter from the property, with prior permission of the legal owner or, in the case of public property, of the agency managing the property. The court may suspend or modify the litter cleanup restitution payment for a first-time offender under this subsection if the person cleans up and properly disposes of the litter.
(3) If a junk vehicle is abandoned in violation of this section, RCW 46.55.230 governs the vehicle’s removal, disposal and sale and the penalties that may be imposed against the person who abandoned the vehicle.
(4) It is unlawful for a person to discard, in violation of this section, a cigarette, cigar, or other tobacco product that is capable of starting a fire. A violation of this subsection may result in the issuance of a notice of infraction or citation for an infraction and shall be punishable by a fine with a base penalty of $250.00, in addition to any statutory assessments as provided in the Revised Code of Washington. (Ord. 2004-33 § 9)