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SUBJECTS › LEGAL › NUISANCES › Dangerous Activities or Conditions
Updated 04/08

Dangerous Activities or Conditions

Contents

Aircraft and Other Airborne Devices

Generally the landing of pleasure aircraft such as hot air balloons, ultralights and similar devices are generally regulating through zoning. The sample provisions cited in this section relate to prohibitions on landing in public areas.

Unauthorized Landings

Model Airplanes, Remote Controlled Airplanes

To keep model airplanes from becoming nuisances, many local governments have designated areas in parks and provide regulations governing where and how they may be flown. In addition to sample local government regulation, see also regulations relating to remote controlled airplane use in state parks in WAC-352-130(4).

  • Bothell Municipal Code Section 8.60.330 - Model Aircraft, Rockets and Vehicles
  • Puyallup Municipal Code Section 9.20.140 - Sports Events (Public Parks)
  • Seattle Municipal Code Section 18.12.265 - Motorized Models (Parks Code)
  • Union Gap Municipal Code Ch. 10.05 - Model Radio Controlled Aircraft

Balloons (Hand Held)

MRSC has received a few inquiries over the years regarding the release of small lighter than air balloons or groups of balloons. The nuisance issue is principally an environmental one. In addition to causing a litter problem when they descend, the balloons are considered injurious when ingested by wildlife and marine animals. Arguments from the balloon industry say they are safe, biodegradable and friendly to the environment. Other issues relate to interference with aviation and balloons in utility wires. Metallic balloons are highly conductive and can create power outages. Regulation of balloon releases was considered by the legislature in 1991 but proposed legislation failed to pass. At the time of writing we have not found any local government regulatory provisions in Washington, but regulatory provisions do exist in other states;  for example California Penal Code provision  Title 15 Ch. 2, Section 653.1 regulating balloons constructed of electrically conductive material

  • The Balloon Council - An organization of retailers, distributors and manufacturers, formed in 1990,  to educate consumers and regulators about the wonders of metallic and latex balloons and the proper handling of them.
  • International Ballon Association - A non-profit trade association for distributors and manufacturers of balloons and balloon accessories, and other support products found in the balloon industry, as well as balloon decorators, retailers, and entertainers
  • Olympia Resolution M-1517 ( 50 KB) - Directs City staff to work with and/or contact community agencies and local and state government in an effort to raise awareness and encourage other to adopt regulations prohibiting the launching of non-biodegradable balloons, 2-03

Attractive Nuisances

Most counties and cities contain a provision pertaining to attractive nuisances in their list of designated nuisances to protect children from injury or death by removing conditions that attract them. . The most frequently cited is abandoned refrigerators. Provisions relating to allowing an abandoned refrigerator to remain in any place accessible to children without having the door removed or the latch mechanism removed are codified in Ch. 9.03 RCW, "Abandoned Refrigeration Equipment". (Historical Note on evolution of attractive nuisances in Washington.) Others include vacant property and building sites not properly secured, and accumulation of various junk which might be attractive to children for areas of play.

Iceboxes, Refrigerators, and Other Appliances

Distractions - See Animated Signs & Video Display on Sign Control Provisions Page

Laser Pointers

Local governments are regulating the possession and use of laser pointers by minors. The hand held laser pointers are used by lecturers to highlight areas on a chart or screen. In the hands of pranksters they have been also used to flash on movie screens, annoy people at malls and sporting events, and of greater concern, flashing them in people's eyes. Safety professionals are especially concerned about secondary effects, the eyes aversion to the glare, experienced during critical activities such as while in control of a motor vehicle.

The Washington legislature enacted Ch. 9A.49 RCW (Ch 180 Laws of 1999) relating to the unlawful discharge of lasers. The legislation created the crimes of unlawful discharge of a laser in the first and second degree when a person knowingly and maliciously discharges a laser at law enforcement personnel, pilots, fire personnel, or persons operating buses. It also makes these crimes a civil infraction for juveniles who have never before committed either offense.

The American Laser Institute Laser Pointer Safety Page provides factual information on the topic The Laser Institute of America, is the publisher and secretariat for the ANSI Z136 standards on laser safety, and is the principal in a media education effort about using lasers wisely.

Novelty Lighters

Rock Throwing

Unguarded Excavations, Wells, Pits, Mine Shafts

  • Bellevue Municipal Code, Section 9.10.030 (E) - Types of Nuisances - Abandoned wells, etc.
  • Issaquah Municipal Code Chapter 8.16 - Mine Shafts, Tunnels, and Vaults