§ 8.24.020. Public nuisance defined  


Latest version.
  • Each of the following conditions is declared to be a public nuisance, unless otherwise permitted by law. Whenever the enforcement officer determines any of these conditions exists upon any premises, the enforcement officer may require abatement pursuant to this chapter.

    A. Every act unlawfully done and every omission to perform a duty, when the act or omission does any of the following, shall constitute a public nuisance:

    1. Annoys, injures, or endangers the safety, health, comfort, or life of the public;

    2. Offends public decency;

    3. Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, a public park, street, alley, highway, or other public area; or

    4. In any way renders the public insecure in life or use of property.

    B. The following acts, in addition to any others in violation of subsection A of this section, shall constitute a public nuisance:

    1. Using any building or land for any trade, employment, or manufacture that results in offensive odors or other annoyances being released, and which annoys, injures, or is offensive or detrimental to the health of the individuals employed or residing there, or to the public;

    2. Any structure used as a place where disorderly persons are allowed to congregate, or in which drunkenness or the unlawful use or sale of drugs is carried on or permitted;

    3. Any fence or other structure or other thing on premises that is in a sagging, leaning, fallen, decayed, or other dilapidated or unsafe condition;

    4. All premises, buildings and vehicles where liquor or illegal drugs are manufactured, sold, exchanged, given away, furnished, or consumed in violation of the laws of the state and the ordinances of the town;

    5. All trees, plants, or vegetation that overhangs any sidewalk or street and obstructs the public's full use of the sidewalk or street. Dead trees, plants and vegetation that can be a fire hazard or a menace to public health;

    6. Throwing or depositing any garbage, waste, refuse, litter, debris, or other offensive material on the premises, unless otherwise permitted by law. For purposes of this section, garbage, waste, refuse, litter, debris, or other offensive materials may include, but not be limited to, bottles, cans, glass, ashes, pieces of scrap iron, wire, metal articles, used aluminum or plastic containers, broken stone or cement, broken crockery, broken glass, broken plaster or sheet rock, barrels, boxes, rags, crates, packing cases, mattresses, bedding, packing material, lumber not neatly piled, automobile parts, tires, wheels, broken or unused furniture, appliances, and plumbing fixtures;

    7. Any cellar, vault, private drain, cesspool, privy, or sewer on the premises that are not securely protected from flies or rats, or which are nauseous or offensive.

(Ord. 606 § 3 (part), 2004)