Title 8
HEALTH AND SAFETY

Chapters:

8.04 Nuisances

8.06 Use of Fireworks

8.08 Fastening Animals to or Posting Placards on Structures

8.10 Public Disturbance Noise

Chapter 8.04
NUISANCES

Sections:

8.04.010 Defined.

8.04.020 Maintaining or permitting prohibited.

8.04.030 Affecting health – Designated.

8.04.040 Offending morals and decency – Designated.

8.04.050 Affecting peace and safety – Designated.

8.04.060 Abatement – Inspection of premises.

8.04.070 Abatement – Notice – Generally.

8.04.080 Abatement – Notice – Form.

8.04.090 Abatement – Notice – Mailing and filing.

8.04.100 Abatement – Failure by owner – Conditions for immediate removal by city.

8.04.110 Abatement – Conditions for removal by court action.

8.04.120 Abatement – Other methods not excluded.

8.04.130 Abatement – Cost and assessment.

8.04.140 Violation – Penalty.

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. Offends the public morals or decency;

D. 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. 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. 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, 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 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. 376 § 3, 1979)

8.04.040 Offending morals and decency – Designated.

The following acts, omissions, places, conditions and things are specifically declared to be public nuisances offending public morals and decency, but such enumeration shall not be construed to exclude other nuisances offending public morals and decency coming within the definition of SMC 8.04.010:

A. All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling;

B. All gambling devices which are not licensed or permitted by the city council;

C. Any place or premises where city ordinances or laws relating to public health, safety, peace, morals or welfare are openly, continuously or repeatedly violated;

D. Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of the laws of the state of Washington or the ordinances of the city. (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, billboards 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 loud, discordant and unnecessary noises or vibrations of any kind between the hours of 10:00 p.m. and 8:00 a.m.;

J. 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;

K. The keeping or harboring of any animal or fowl which by the emission of offensive odors or by frequent or habitual howling, yelping, barking, crowing or making of other noises, annoys or disturbs persons within the city;

L. Allowing vicious animals to run at large and all activities prohibited by Chapters 6.04, 6.08, 6.12 and 6.16 SMC;

M. 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;

N. All open and unguarded pits, wells, excavations or unused basements;

O. All abandoned refrigerators or iceboxes from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside;

P. 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;

Q. Violations of the ordinances of the city or laws of the state of Washington relating to the storage of flammable liquids;

R. 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;

S. All vehicles or machines parked or driven on any city street, alleyway or highway with a leaking fuel tank;

T. 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;

U. All automobiles, trailers, house trailers, mobile and motor homes, boats, and all other vehicles or parts thereof, which have been left out of doors, unsheltered, for a period of 30 days; provided further, that none of the above may be left on any city street, alleyway or highway for more than 72 hours without the specific permission of the chief of police;

V. 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;

W. The existence upon the sidewalk in front of any premises of any debris, litter or substantial quantity of dirt;

X. All dangerous, unguarded machinery, in any public place, or so situated or operated on private property as to attract the public;

Y. Leading, driving or riding any horse or other livestock upon or over any sidewalk or public park;

Z. 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;

AA. All other conditions or things which are liable to cause injury to the person or property of anyone. (Ord. 484, 1986; Ord. 438, 1983; Ord. 376 § 5, 1979)

8.04.060 Abatement – Inspection of premises.

A. Whenever a complaint is made to the chief of police that a public nuisance exists within the city of Sultan, the chief of police or building inspector shall forthwith inspect or cause to be inspected the premises and shall make a written report of his findings.

B. Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the same in the office of the city clerk. (Ord. 376 § 6(a), 1979)

8.04.070 Abatement – Notice – Generally.

If the inspecting officer determines that a public nuisance exists on private property and that there is great and immediate danger to the public health, safety, peace, morals or decency, the chief of police may serve notice on the owner or, if the owner cannot be found, on the occupant or person causing, permitting or maintaining such nuisance to abate or remove such nuisance within one to 72 hours, at the discretion of the inspecting officer and shall state that unless such nuisance is so abated, the city will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the same, as the case may be. (Ord. 376 § 6(b) (1), 1979)

8.04.080 Abatement – Notice – Form.

The notice shall be substantially in the following form:

NOTICE TO ABATE UNSAFE OR UNLAWFUL CONDITION

(Name and address of person notified)

As owner, agent, lessee or other person occupying or having charge or control of the building, lot or premises at _________, you are hereby notified that the undersigned, pursuant to Ordinance No. _____ of the City of Sultan, has determined that there exists upon or adjoining said premises the following condition contrary to the provisions of Subsection ______ of Section _________.

You are hereby notified to abate said condition to the satisfaction of the undersigned within ____ hours/days of the date of this notice or to appear at the office of ______ at ____ o’clock ___.m., and show cause, if any you have, why said condition should not be abated by the City, and the expenses thereof charged to you as a personal obligation. Abatement is to be accomplished in the following manner:

Dated:_________ (Name of Enforcement Officer)
By:
___________________

(Ord. 376 § 6(b) (1), 1979)

8.04.090 Abatement – Notice – Mailing and filing.

A. A copy of the notice provided for in SMC 8.04.070 and 8.04.080 shall be sent to the owner and may be sent to any other of said persons sought to be charged with the responsibility of abatement. The notice shall be sent by mail, postage prepaid, and addressed as follows:

1. To the Owner. As such person’s name and address appears on the records of the Snohomish County treasurer, or as known to the enforcement officer of the person authorized by the enforcement officer to give such notice;

2. To Any Other Such Person. As such person’s name and address are known to the enforcement officer or the person authorized by him to give notice.

B. The person giving such notice shall file a copy thereof in the office of the enforcement officer, together with an affidavit or certificate stating the time and manner in which such notice was given. The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken under this chapter. (Ord. 376 § 6(b) (2), 1979)

8.04.100 Abatement – Failure by owner – Conditions for immediate removal by city.

If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the health officer, in case of a health nuisance, or the chief of police, in other cases, shall cause the abatement or removal of such public nuisance. (Ord. 376 § 6(c), 1979)

8.04.110 Abatement – Conditions for removal by court action.

If the inspection officer determines that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he may file a written report of his findings with the mayor who may cause an action to abate such nuisance to be commenced in the name of the city. (Ord. 376 § 6(d), 1979)

8.04.120 Abatement – Other methods not excluded.

Nothing in this chapter shall be construed as prohibiting the abatement of public nuisance by the city of Sultan or its officials in accordance with the laws of the state of Washington. (Ord. 376 § 6(e), 1979)

8.04.130 Abatement – Cost and assessment.

In addition to any other penalty imposed by this chapter for the erection, contrivance, creation, continuance of maintenance of a public nuisance, the cost of abating a public nuisance by the city shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as other special taxes. (Ord. 376 § 7, 1979)

8.04.140 Violation – Penalty.

A. Any person or organization violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not to exceed $500.00 or imprisonment not to exceed six months, or by both such fine and imprisonment.

B. Each day of violation of any provision of this chapter shall be considered a separate offense and such offender may be punished separately therefor. (Ord. 376 § 8, 1979)

Chapter 8.06
USE OF FIREWORKS

Sections:

8.06.010 Use of fireworks.

8.06.020 Violation – Penalty.

8.06.030 Severability.

8.06.010 Use of fireworks.

No persons shall use, ignite or discharge any fireworks except between the hours of 9:00 a.m. and 11:00 p.m. on July 4th for the 1992 calendar year. Exception may be made for public displays authorized by the city pursuant to the state fireworks law (Chapter 70.77 RCW). (Ord. 582 § 1, 1992)

8.06.020 Violation – Penalty.

Any person violating any of the provisions of this chapter, shall be guilty of a misdemeanor and upon a conviction thereof, shall be fined in a sum not to exceed $250.00. (Ord. 582 § 1, 1992)

8.06.030 Severability.

This chapter is severable and if any portion of it shall be declared invalid or unconstitutional, the remaining portion shall remain valid and enforceable. (Ord. 582 § 1, 1992)

Chapter 8.08
FASTENING ANIMALS TO OR POSTING PLACARDS ON STRUCTURES

Sections:

8.08.010 Unlawful acts.

8.08.020 Violation – Penalty.

8.08.010 Unlawful acts.

It is unlawful for any person to tie or fasten any horse or other animal to any telephone pole, telegraph pole or light pole, or any hydrant or shade tree situated upon any of the public streets or highways within the corporate limits of the city of Sultan, or to post any bill or placard upon any such telephone pole, telegraph pole or light pole, or hydrant or shade tree. (Ord. 61 § 1, 1912)

8.08.020 Violation – Penalty.

Any person violating any of the provisions of this chapter, shall be guilty of a misdemeanor and upon a conviction thereof, shall be fined in a sum not exceeding $25.00 and costs for each offense. (Ord. 61 § 2, 1912)

Chapter 8.10
PUBLIC DISTURBANCE NOISE

Sections:

8.10.010 Definitions.

8.10.020 Exemptions.

8.10.030 Infraction.

8.10.040 Enforcement.

8.10.050 Separate offenses.

8.10.060 Punishment.

8.10.070 Evidence in proceedings.

8.10.010 Definitions.

For the purposes of this chapter, the following definitions shall apply:

“Public disturbance noise” shall mean the following sources of sound:

A. Frequent, repetitive or continuous sound from any horn or siren attached to a motor vehicle except as a warning of danger or specifically permitted or required by law;

B. Frequent, repetitive or continuous sound in connection with the starting, operating, repairing, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle, or internal combustion engine in any residential zone which unreasonably interferes with the peace, comfort and repose of owners or occupants of real property in the residential zone;

C. Loud or raucous sound from any activity which unreasonably interferes with the operation of any school, church, hospital, sanitarium or nursing or convalescent facility;

D. Frequent, repetitive or continuous sound which emanates from a building structure or property, and created by musical instrument, whistle, sound amplifier, stereo, jukebox, radio, television or other device capable of reproducing or creating sound, such as sounds originating from a band session, tavern operation or commercial sales lot which unreasonably interferes with the peace, comfort and repose of owners or occupants of nearby property;

E. Sound from a motor vehicle audio sound system, such as a radio, tape player or compact disc player, when the volume is such that the sound can be clearly heard by a person of normal hearing at a distance of more than 50 feet from the vehicle itself;

F. Sound from carried or transported portable audio sound equipment, such as a radio, tape player or compact disc player, when the volume is such that the sound can be clearly heard by a person of normal hearing at a distance of more than 50 feet from the source of the sound;

G. Frequent, repetitive or continuous sound which emanates from a residence, structure or property, and created by audio sound equipment, musical instruments or social gatherings which unreasonably interferes with the peace, comfort and repose of owners or occupants of neighboring residential properties;

H. Sound from squealing or screeching of motor vehicle tires in contact with the ground or other roadway surface because of rapid acceleration, braking or excessive speed around corners except such sounds which arise from actions to avoid danger;

I. Sound originating from a motor vehicle on the public highway when the vehicle is operated without a muffler in good working order and in accordance with applicable laws and regulations;

J. Sound from yelling, shouting, hooting, whistling or singing on or near the public streets occurring between the hours of 11:00 p.m. and 7:00 a.m. which unreasonably interferes with the peace, comfort and repose of owners or occupants of real property;

K. Sound originating from residential real property relating to temporary projects for the maintenance or repair of homes, grounds or appurtenances, including sounds from lawnmowers, power hand tools, snow removal equipment and the like when the same occurs between the hours of 10:00 p.m. and 7:00 a.m. weekdays and 10:00 p.m. and 9:00 a.m. on weekends;

L. Sounds originating from construction sites and activities, including but not limited to sounds from construction equipment, power tools and hammering between the hours of 10:00 p.m. and 7:00 a.m. weekdays and 10:00 p.m. and 9:00 a.m. on weekends except such sounds which arise from emergency construction work to protect public or personal health and safety. (Ord. 799-02)

8.10.020 Exemptions.

Though the following sources of sound may fall within the definitions of a “public disturbance noise” as defined in the previous section, the following sounds shall be exempt and shall not be a public disturbance noise:

A. Noise originating from aircraft in flight and sounds which originate in airports and are directly related to flight operations;

B. Noise created by safety and protective devices, such as relief valves where noise suppression would defeat the safety relief intent of the device;

C. Noise created by fire or security alarms, or noise created by emergency equipment;

D. Noise created by auxiliary equipment on motor vehicles used for highway maintenance;

E. Noise created by a special event so long as the event is in compliance with the terms and conditions of its special event permit;

F. Noise created by natural phenomenon;

G. Noise created by public utility facilities including electrical substations;

H. Noise created from local school marching bands while practicing;

I. Noise created by bells, chimes or carillon not operated for more than five minutes in any one hour from the hours of 7:00 a.m. to 10:00 p.m., but not including such noise as is artificially created and amplified and broadcast via loud speaker; and

J. Noise created by the operation of equipment or facilities of surface carriers engaged in commerce by railroad. (Ord. 799-02)

8.10.030 Infraction.

It is unlawful and a civil infraction for any person to cause or allow to be emitted a nonexempt public disturbance noise as defined by this chapter. (Ord. 799-02)

8.10.040 Enforcement.

Where this chapter defines “public disturbance noise” as sound unreasonably interfering with the peace, comfort and repose of owners or possessors of real property or neighboring property, only after a complaint has been made by such a person may the police department issue a civil infraction notice. In all other instance of a “public disturbance noise” a civil infraction notice may be issued without a complaint. (Ord. 799-02)

8.10.050 Separate offenses.

For enforcement purposes, sound emitted during separate days shall be deemed a separate violation. A day is a 24-hour period beginning at 12:01 a.m. (Ord. 799-02)

8.10.060 Punishment.

A first violation and infraction of this chapter shall be punished with a penalty of $100.00. A second violation and infraction of this chapter shall be punished with a penalty of $200.00. A third and/or subsequent violation and infraction of this chapter is a misdemeanor and shall be punished with a fine of $500.00 and/or incarceration in jail for a period not to exceed 30 days. (Ord. 799-02)

8.10.070 Evidence in proceedings.

In any proceeding under this chapter, evidence of sound level through the use of sound level meter readings shall not be necessary to establish the commission of the violation. (Ord. 799-02)