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SUBJECTS › LEGAL › NUISANCES › Nuisances on Public Property and Public Ways
Updated 01/09

Nuisances on Public Property and Public Ways

Contents

  • Parking of Vehicles
  • Parking of Vehicles for Sale
  • Property from Evictions  RCW 59.18.312(5)
  • Regulation of Peddlers, Solicitors, Temporary Merchants and Mobile Vendors
  • Security Systems - Faulty Systems
  • Shopping Carts
  • Sidewalk Obstructions
  • Snow and Ice on Public Ways
  • Sprinkling on Streets
  • Yard Waste on Public Property and Public Ways

    • Begging, Pedestrian Interference

    • Issaquah Ordinance No. 2513 ( 91 KB) - Regulates solicitation, adds time restrictions, panhandling on off and on ramps and certain intersections, passed 1-08
    • Seattle Municipal Code, Section 12A.12.015 - Pedestrian Interference
    • Pierce County Ordinance No. 2008-45 (173  KB)- Panhandling and Soliciation - Panhandlers must stay at least 25 feet away from people using ATM machines, pay phones, gas stations or other exposed public areas in unincorporated Pierce County; prohibits solicitations to occupants of vehicles on public roadways, passed 9-23-08
    • Tacoma Municipal Code, Section 8.13.030- Obstructing Pedestrians or Traffic (Adobe Acrobat Document 635 KB)
    • Tacoma Ordinance No. 27600 ( 229 KB) -Vehicular or Pedestrian Interference passed 4-03-07, file also contains research on comparative municipal ordinances in various U.S. cities, and comparison spread sheet

      Camping on Public Property

      • Burlington Municipal Code  Ch 8.20 - Camping
      • Everett Municipal Code Chapter 8.56 - Camping
      • Friday Harbor Municipal Code Section 10.04.050 (E) ( 108 KB)- Prohibited stopping, standing or parking areas....
          E. Parking of any vehicle on any town street for the purpose of camping or sleeping therein is prohibited.
      • Pierce County Code Chapter 8.96 (Adobe Acrobat Document 352 KB) - Parking and Camping Prohibited
      • Vancouver Municipal Code Chapter 8.22 - Camping
      • Westport Municipal Code Chapter 6.24 - Camping on Public Property

      Crowds

      Cruising and Street Racing

      A number of cities have adopted anti-cruising ordinances, which prohibit individuals from repeatedly driving on certain streets at certain times; such ordinances have been upheld by the courts, and they have been effective in some cities. Anti-cruising ordinances help to alleviate traffic congestion by dispersing the teenagers, thus lessening the likelihood of violence, and of antisocial behavior by some juveniles who want to show off for the crowd. Care should be taken to avoid passage of an overly broad cruising ordinance, which might invite a legal challenge. Not all cities have conditions justifying such ordinances.

      Debris on Roadway

      • RCW 46.61.655 provides that no vehicle shall be driven or moved on any public highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping. This has also been adopted in the Model Traffic Ordinance.
      • Cheney Municipal Code Chapter 12.40 - Debris Removal
      • Clyde Hill Municipal Code  Section 8.05.020 - Definitions.... 7. Dirt, mud, rocks and/or debris of any kind dropped, deposited or allowed to remain in any manner or condition on the surface of any street within the town. (1993)
      • Marysville Municipal Code Chapter 12.40 - Clean Condition of Public Right-Of-Way
      • Seattle Municipal Code
      • Litter - MRSC
      • Erosion and Sediment Control - MRSC

      Fences as Nuisances

      Obstructions in Right-of-Way

      • Lewis County Code  Chapter 8.35 ( 397 KB) - Nuisances on Highways and Rights-of-Way
      • Camas Municipal Code, Section 8.06.040(I) - Obstructions Public Right-of-Way

        Parking of Vehicles

        Peddlers and Solicitors

        Faulty Security Systems

        False alarms are more than an inconvenience; they take up the time and energy of emergency personnel who may be needed to respond to a real emergency. The majority of alarm calls received by police departments are false alarms which may be avoided by proper maintenance of alarm systems and a suitable response by the property owner once the alarm has sounded. Many jurisdictions have adopted false alarm ordinances to increase awareness and accountability of alarm owners. The penalties provide an incentive for alarm owners to inspect and maintain their systems and take corrective action to prevent false alarms.

        Property from Evictions Placed on Public Property RCW 59.18.312 (5) 

        • Lewis County Code Section 1.22.040  - Removal of  Evicted Personal Property and/or Solid Waste Placed onto Public Access
        • Kitsap County Code Section 9.56.090  - Removal of Personal Property and/or Solid Waste Placed onto Public Access
        • Tacoma Municipal Code Section 8.30.080 - Abandoned Property in the Right-of-Way

        Sidewalk Obstructions

        • Auburn Municipal Code Ch. 12.32 - Sidewalk Obstructions
        • Everett Municipal Code, Ch. 13.12 - Obstructing Sidewalks
        • Mercer Island Municipal Code, Section 8.24.020 - Types of nuisances.... (F) and (H)

        Shopping Carts

        Snow Removal

        Sprinkling on Streets

        Yard Waste - Dumping on Public Property and Public Ways

        • Lake Forest Park Municipal Code  Section 8.04.050  - Unlawful disposal of municipal solid waste (MSW), recyclables, yard waste and bulky yard waste.

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