ORDINANCE NO. 262
TOWN OF SOUTH PRAIRIE, WASHINGTON
AN ORDINANCE relating to and
regulating nuisances in the
Town of South Prairie.
BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF
SOUTH PRAIRIE, WASHINGTON
Sections: 262. 020 262. 030 262. 040 262. 050 262. 060 262. 070 262.080 262.090 262.100 262.110 262.120 262.130 262.140 262.150 262.160 262.170 262.180 262.190 262.200 262.210 262.220 262.230 262.240
Specific public nuisances declared
Animals dogs running at large, Unlawful Animals dogs running at large, Nuisance, Disposition of impounded dogs
Licensing of dogs
Violation, Penalty, Dogs
Dogs of mature age defined
Violation, Penalty Kennel
Certification and Notification Determination of Responsibility Abatement
Costs of Abatement
Determination Abatement Notice Public Nuisance Violation
262.260 Effective Date
262.020 Definition. The term "public nuisance" is defined to be an act or omission to act, or a condition or use of property which either annoys, injures or endangers the comfort, repose, health or safety of the public; offends public decency; decreases the value of nearby property; or in any way renders other persons insecure in life or in the use of property.
262.030 Specific public nuisances declared. The following specific acts, omissions, places, conditions and things are hereby declared to be nuisances: the erecting, maintaining, using, placing, depositing, causing, allowing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, avenue, alley, park parkway or other public or private place in the Town of South Prairie, of any one or more of the following places, conditions, things, or acts to the prejudice, danger, or annoyance of others:
A. Privies, vaults, cesspools, sumps, pits, or like places which are not securely protected from flies or rats, or which are foul, malodorous or otherwise unsafe;
B. Filthy, littered or trash-covered premises, including all buildings and structures thereon and areas adjacent thereto;
C. Aluminum or tin cans, bottles, glass, cans, ashes, pieces of scrap iron, wire, metal or wooden articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster or wallboard, and all other trash or abandoned material, unless the same is kept in covered bins or metal receptacles approved by the Town of South Prairie;
D. Trash, litter, rags, accumulations of empty barrels, boxes, crates, packing cases, mattresses, bedding excelsior, packing hay, straw, or other packing material lumber not neatly piled, scrap iron, tin, and other metal not neatly piled, or anything whatsoever in which flies or mosquito's may breed or multiply or which provides harborage for rats or which may be a fire Hazard
E. Any unsightly and dangerous building, billboard or other structure, or any old abandoned or partially destroyed building or structure, or any building or structure commenced and left unfinished.
F. All places not properly fenced which are used for the wrecking, disassembling, repair or rebuilding of automobiles, trucks, tractors or machinery of any kind.
G. All places not properly fenced which are used for the storing or leaving of unlicensed, worn out, wrecked or abandoned automobiles, trucks, tractors, or machinery of any kind or of any of the parts thereof.
H. The storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which places are kept or maintained so as to interfere with the comfortable enjoyment of life or property by others or by their presence to reduce the attractiveness or market value of another's property;
I. Any putrid, unsound unwholesome bones, meat, hides, skins, or the whole or any part of any dead animal, fish or fowl, butcher's trimmings and offal, or any waste vegetable or animal matter in any quantity, garbage, human excreta or other offense substance; provided, nothing contained in this subsection shall prevent the temporary retention of waste in receptacles in the manner approved by the own of South Prairie and provided that nothing contained in this subsection shall prevent the accumulation of vegetable matter for a compost pile when so covered or concealed as not to affect the health, safety or depreciation of adjoining property;
J. Blackberry vines or any tall grass or weeds over two feet in height which is rodent infested;
K. Grass clippings, cut brush or cut weeds which may create a fly or rodent harborage.
L. The erection, continuance or use of any building, room or other place in the city for the exercise of any trade, employment or manufacture which, by occasioning noxious exhalations, offensive odors, noises or other annoyances, is discomforting or offensive or detrimental to the health of individuals or of the public
M. Making, causing or permitting to be made by means of any whistle, rattle, bell, gong, clapper, hammer, drum, sound truck, loudspeaker, phonograph, radio, or other sound amplifying device or horn or other mechanical device, or by outcry, loud speaking, singing or by any other means making any discordant and unnecessary noise of any kind which annoys any number of persons lawfully in the immediate area;
N. Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities;
0. Any poisonous or harmful substance which is reasonably accessible to persons or to animals;
P. Appliances. All unused, abandoned or discarded refrigerators, ice boxes, or like containers which are left in any place exposed or accessible to children.
Q. Yard Maintenance. Every occupant of a dwelling unit located in proximity to another occupied or unoccupied dwelling unit shall keep the yard space thereof reasonably neat and clean and free of uncut grass, blackberry vines, grass clippings, cut brush or cut weeds which may create a fly or rodent harborage or is allowed to become a fire hazard.
R. Vacant lot or building. Every owner of a vacant lot or building located in close proximity to another occupied dwelling unit shall keep the premises reasonably neat and clean and free of uncut grass, blackberry vines, Grass clippings, cut brush or cut weeds which may create a fly or rodent harborage or is allowed to become a fire hazard.
S. Noisy animals. The keeping or harboring of any animal which by frequent or habitual howling, yelping, barking or the making of other noises, or the keeping or harboring of any fowl which by frequent habitual crowing or the making of other noises shall annoy or disturb neighborhood or any considerable number of persons;
262.040 Animals dogs running at large Unlawful. It is unlawful for the owner or person having control of any domestic animals or dog to suffer or permit the same to run at large. "To run at large" shall mean to run free of a leash, cage, or other physical restraint; provided, that dogs shall not be deemed to be "at large" so long as the same are on the property of their owner.
262.050 Animals dogs running at large Nuisance Impoundment. Any domestic animals or dog straying or running at large shall be deemed to be a public nuisance and may be immediately seized and impounded in accordance with this ordinance and ordinances #153 and #167.
262.060 Disposition of impounded animals dogs. Impounded animals or dogs shall be held for a period of not less than five days after which the dog may be disposed of by the appropriate police or animal control officer in accordance with this ordinance and ordinances #153 and #167.
262.070 Licensing of dogs. All dogs which are kept, harbored or maintained within the city limits shall be licensed in accordance with such licensing procedures as are established in accordance with this ordinance and ordinances #153 and #167.
262.080 Violation Penalty . Violation of any portion of this chapter is an infraction and subject to a penalty of one hundred dollars together with any costs incurred by the city in confining the animal or dog in accordance with this ordinance and ordinances #153 and #167.
262.090 Dogs of mature age defined. For the purposes of this chapter the phrase "dogs of mature age" includes all dogs over the age of three months.
262.100 Kennel defined. Any person who keeps or permits to be kept upon his or her premises within the town more than two dogs of mature age shall be deemed to be operating a kennel.
262.110 License fee. Any person so operating a kennel shall pay a kennel license fee of fifty dollars per calendar year or portion thereof payable in advance.
262.120 Violation Penalty. Violation of any portion of this chapter is an infraction and subject to a penalty of one hundred dollars.
262.130 Purpose. It is the purpose of this Chapter to:
A. Establish procedures for the abatement and removal of junk vehicles as public nuisances pursuant to RCW 46.55.240;
B. Decrease the likelihood of criminal conduct associated with junk vehicles;
C. Enhance the aesthetic qualities of the Town of South Prairie;
D. Reduce the inherent public health and safety problems associated with junk vehicles; and
E. Minimize the likelihood of injury resulting from small children playing on or around junk vehicles.
262.140 Definitions. For purposes of this Chapter, the following definitions shall be applicable:
A. "Junk vehicle" means a motor vehicle meeting the following requirements:
1 Is three years old or older;
2. Is extensively damaged, such damage including, but not limited to any of the following: A broken window or windshield or missing wheels, tires, motor, or transmission;
3.Is apparently inoperable;
4. Is without a valid, current registration plate;
5. Has a fair market value equal only to the value of the scrap in it.
B. "Vehicle" means every device capable of being moved upon a roadway and in, upon, or by which any person or property is or may be transported or drawn upon a roadway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.
C. " Wrecked vehicle" means a dismantled or inoperative vehicle or automobile hulk, or the remnants or remains of a motor vehicle which is inoperative and cannot be made mechanically, operative without the
addition of vital parts or mechanisms.
262.150 Enforcement Authority. The Mayor or designated Official shall enforce this Chapter and shall be responsible for the abatement and removal of any vehicle or part thereof declared by this Chapter to be a public nuisance.
262.160 Certification and Notification.
A. The Mayor or designated Official may inspect and certify that a vehicle meets the requirements of a junk vehicle. The Official making the certification shall record the make and vehicle identification number or license number of the vehicle if available, and shall also describe in detail the damage or missing equipment to verify that the value of the junk vehicle is equivalent only to the value of the scrap in it.
B. The Mayor or designated Official shall provide notice to the last registered owner of record as shown on the records of the
Washington State department of Licensing and the property owner of record the property upon which the vehicle is located, by regular mail, that a hearing may be requested and that if no hearing is requested within fifteen (15) days, of the date of mailing of the notice, the vehicle will be removed;
C. If a written request for a hearing is received within the time frame specified above, a notice giving the time, location, and date of the hearing on the question of abatement and removal of the vehicle, or part thereof, as a public nuisance shall be mailed, by certified mail with a five (5) day return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless a vehicle is in such condition that identification numbers are not available to determine ownership.
262.170 Determination of Responsibility.
The owner of the property on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his or her reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced in its presence, then costs of administration or removal of the vehicle shall not be assessed against the property upon which the vehicle is located, nor can the costs be collected from the property owner.
262.180 Abatement. After notice has been given of The Town of South Prairie's intent to abate, remove, or dispose of the vehicle 305 and after a hearing, if requested, has been held; the vehicle or part thereof shall be removed at the request of the Mayor or designated Official and disposed of by a licensed vehicle wrecker, hulk hauler, or scrap processor with notice to the Washington State Patrol and the Washington State Department of Licensing that the vehicle has been wrecked.
622.190 Costs of Abatement. Subject to the provisions of Section 262.170 above, the costs of abatement and removal of a vehicle or part thereof under this Chapter including the costs of administration and hearing shall be assessed against the last registered owner of the vehicle if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the vehicle is stored.
262.200 Exceptions. This Chapter shall not apply to:
A. Any vehicle or hulk or part thereof which is completely enclosed within a building in a lawful manner and not visible from the street or other public or private property; or,
B. Any vehicle or hulk or part thereof stored or parked in a lawful manner on private property in connection with the legal business of a licensed dismantled/motor vehicle wrecker located on appropriately zoned property and fenced in accordance with the provisions of RCW 46.80.130; or
C. Any vehicle or hulk or part thereof stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer.
262,210 Determination__ Abatement__ Notice. It shall be the duty of the mayor to determine if a public nuisance exists within the Town
of South Prairie. Upon making that determination, the mayor shall serve written notice upon the owner of record, as well as the occupant, of the property where the nuisance is located that a resolution will be introduced at a meeting of the Town Council authorizing the town to remove or abate the public nuisance. The notice shall include:
A. A description of the property involved;
B. The condition which constitutes the nuisance;
C. An order requiring the abatement or removal of the nuisance;
D. The date and time of the presentation of the hearing on the resolution authorizing the town to abate or remove the nuisance; and
E. Notice that if the town removes or abates the nuisance that the cost incurred by the town shall become a charge against the owner and a lien against the property. The notice shall be served in such a manner that the owner and occupant of the property receive it not less than five days prior to the Town Council meeting at which the resolution will be introduced.
F. If a nuisance has not been abated or removed at the time of presentation of the resolution to the Town Council, the Town Council may authorize the mayor to cause the nuisance to be abated and removed with the cost of said abatement or removal to become a charge against the owner of the property and a lien against the property.
G. Provided, that where the nuisance is of such character and is so situated that it can be abated or removed without the unreasonable invasion or destruction of private property. further continuance is likely to result in expense to the town or injury to any person, the mayor may cause the nuisance to be summarily abated or removed.
262.220 Public Nuisance Violation. Any person who acts or fails to act or uses his property in such a manner as to create a public nuisance as defined in this chapter shall be guilty of a misdemeanor.
262.230 Penalty. Any person found guilty of a misdemeanor under the provisions of the above sections shall be subject to a fine not to exceed One Thousand Dollars ($1,000.00) or imprisoned in jail for a period not exceeding ninety (90) days, or both such fine and imprisonment in the discretion of the court, and for each act herein prohibited of a continuing nature each shall be considered a separate offense.
262.240 Severability. If any section, word or words of this ordinance is found to be unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect the remaining portions of this ordinance.
262.250 Headings Not Part of Law. Headings and captions used in this Chapter are not any part of the law.
262.260__ Interpretation., In the event any other town ordinance is in conflict with any of the terms of this ordinance the more stringent shall be construed as applicable.
262.270 Effective Date. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law.
Passed by the Town Council and approved by the Mayor of the Town of South Prairie, Washington, at a regular meeting thereof this day of, 1992.
Mayor Dale P. Stubbs
Karen K. Barnhart
Approved as to Form
Michael J. Reynolds