Chapter 9.66 RCW

NUISANCE

Sections

9.66.010Public nuisance.
9.66.020Unequal damage.
9.66.030Maintaining or permitting nuisance.
9.66.040Abatement of nuisance.
9.66.050Deposit of unwholesome substance.

NOTES:

Cemeteries established illegally: RCW 68.56.040.
Furnishing impure water: RCW 70.54.020.
Malicious mischiefInjury to property: Chapters 9.61, 9A.48 RCW.
Mausoleums and columbariums constructed illegally: RCW 68.28.060.
Nuisances: Chapter 7.48 RCW.
Poisoning food or water: RCW 69.40.030.
Sexually transmitted disease control, penalty: RCW 70.24.080.


Public nuisance.

A public nuisance is a crime against the order and economy of the state. Every place
(1) Wherein any fighting between people or animals or birds shall be conducted; or,
(2) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; or,
(3) Where vagrants resort; and
Every act unlawfully done and every omission to perform a duty, which act or omission
(1) Shall annoy, injure or endanger the safety, health, comfort, or repose of any considerable number of persons; or,
(2) Shall offend public decency; or,
(3) Shall unlawfully interfere with, befoul, obstruct, or tend to obstruct, or render dangerous for passage, a lake, navigable river, bay, stream, canal or basin, or a public park, square, street, alley, highway, or municipal transit vehicle or station; or,
(4) Shall in any way render a considerable number of persons insecure in life or the use of property;
Shall be a public nuisance.

NOTES:

FindingsDeclarationSeverability1994 c 45: See notes following RCW 7.48.140.
SeverabilityConstruction1971 ex.s. c 280: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected: PROVIDED, That should provisions of this 1971 amendatory act pertaining to the playing of bingo, or holding raffles, permitting the operation of amusement games be held invalid or unconstitutional by the supreme court of the state of Washington as being violative of Article II, section 24, of the Constitution of the state of Washington, then the provisions hereof relating to each such item as aforesaid specifically declared invalid or unconstitutional by such court shall remain inoperative unless and until the qualified electors of this state shall approve an amendment to Article II, section 24, of the Constitution which may remove any constitutional restrictions against the legislature enacting such laws." [ 1971 ex.s. c 280 § 21.]
Boxing and wrestling regulated: Chapter 67.08 RCW.
Devices simulating traffic control signs declared public nuisance: RCW 47.36.180.
Highway obstructions: Chapter 47.32 RCW.
Navigation, obstructing: Chapter 88.28 RCW.
Parimutuel betting on horse races permitted: RCW 67.16.060.



Unequal damage.

An act which affects a considerable number of persons in any of the ways specified in RCW 9.66.010 is not less a public nuisance because the extent of the damage is unequal.
[ 1909 c 249 § 249; Code 1881 § 1236; 1875 p 79 § 2; RRS § 2501.]



Maintaining or permitting nuisance.

Every person who shall commit or maintain a public nuisance, for which no special punishment is prescribed; or who shall wilfully omit or refuse to perform any legal duty relating to the removal of such nuisance; and every person who shall let, or permit to be used, any building or boat, or portion thereof, knowing that it is intended to be, or is being used, for committing or maintaining any such nuisance, shall be guilty of a misdemeanor.
[ 1909 c 249 § 250; Code 1881 § 1248; 1875 p 81 § 14; RRS § 2502.]



Abatement of nuisance.

Any court or magistrate before whom there may be pending any proceeding for a violation of RCW 9.66.030, shall, in addition to any fine or other punishment which it may impose for such violation, order such nuisance abated, and all property unlawfully used in the maintenance thereof destroyed by the sheriff at the cost of the defendant: PROVIDED, That if the conviction was had in a district court, the district judge shall not issue the order and warrant of abatement, but on application therefor, shall transfer the cause to the superior court which shall proceed to try the issue of abatement in the same manner as if the action had been originally commenced therein.
[ 1987 c 202 § 140; 1957 c 45 § 4; 1909 c 249 § 251; Code 1881 §§ 1244, 1245; 1875 p 80 §§ 10, 11; RRS § 2503.]

NOTES:

Intent1987 c 202: See note following RCW 2.04.190.
Jurisdiction to abate a nuisance: State Constitution Art. 4 § 6 (Amendment 28).



Deposit of unwholesome substance.

Every person who shall deposit, leave or keep, on or near a highway or route of public travel, on land or water, any unwholesome substance; or who shall establish, maintain or carry on, upon or near a highway or route of public travel, on land or water, any business, trade or manufacture which is noisome or detrimental to the public health; or who shall deposit or cast into any lake, creek or river, wholly or partly in this state, the offal from or the dead body of any animal, shall be guilty of a gross misdemeanor.
[ 1909 c 249 § 285; RRS § 2537.]

NOTES:

Discharging ballast: RCW 88.28.060.
Disposal of dead animals: Chapter 16.68 RCW.
Water pollution: Chapter 35.88 RCW, RCW 70.54.010 through 70.54.030, chapter 90.48 RCW.