Revised Code of Washington - RCW Title 7 Special Proceedings And Actions - Chapter 7.48 Nuisances

7.48.010 Actionable nuisance defined
The obstruction of any highway or the closing of the channel of any stream used for boating or rafting logs, lumber or timber, or whatever ...

7.48.020 Who may sue -- Judgment for damages -- Warrant for abatement -- Injunction
Such action may be brought by any person whose property is, or whose patrons or employees are, injuriously affected or whose personal enjoyment is lessened ...

7.48.030 Issuance and execution of warrant
If the order be made, the clerk shall thereafter, at any time within six months, when requested by the plaintiff, issue such warrant directed to ...

7.48.040 Stay of issuance of warrant
At any time before the order is made or the warrant issues, the defendant may, on motion to the court or judge thereof, have an ...

7.48.050 Moral nuisances -- Definitions
The definitions set forth in this section shall apply throughout this chapter as they relate to moral nuisances. (1) "Knowledge" or "knowledge of such nuisance" ...

7.48.052 Moral nuisances
The following are declared to be moral nuisances: (1) Any and every place in the state where lewd films are publicly exhibited as a regular ...

7.48.054 Moral nuisance -- Personal property -- Effects of notice
The following are also declared to be moral nuisances, as personal property used in conducting and maintaining a moral nuisance: (1) All moneys paid as ...

7.48.056 Abate moral nuisance -- Enjoin owner
In addition to any other remedy provided by law, any act, occupation, structure, or thing which is a moral nuisance may be abated, and the ...

7.48.058 Maintaining action to abate moral nuisance -- Bond
The attorney general, prosecuting attorney, city attorney, city prosecutor, or any citizen of the county may maintain an action of an equitable nature in the ...

7.48.060 Moral nuisance -- Jurisdiction -- Filing a complaint
The action provided for in RCW 7.48.058 shall be brought in any court of competent jurisdiction in the county in which the property is located. ...

7.48.062 Moral nuisance -- Restraining order -- Violations
Where such application for a temporary injunction is made, the court or judge thereof may, on application of the complainant showing good cause, issue an ...

7.48.064 Moral nuisance -- Hearing -- Notice -- Consolidation with trial
A copy of the complaint, together with a notice of the time and place of the hearing of the application for a temporary injunction, shall ...

7.48.066 Finding of moral nuisance -- Orders
If upon hearing, the allegations of the complaint are sustained to the satisfaction of the court or judge, the court or judge shall issue a ...

7.48.068 Abatement of moral nuisance by owner -- Effect on injunction
The owner of any real or personal property to be closed or restrained, or which has been closed or restrained, may appear after the filing ...

7.48.070 Moral nuisance -- Priority of action on calendar
The action provided for in RCW 7.48.058 shall be set down for trial at the first term of the court and shall have precedence over ...

7.48.072 Moral nuisance -- Effects of admission or finding of guilt
In such action, an admission or finding of guilty of any person under the criminal laws against lewdness, prostitution, or assignation at any such place ...

7.48.074 Moral nuisance -- Evidence of reputation -- Admissibility
At all hearings upon the merits, evidence of the general reputation of the building or place constituting the alleged nuisance, of the inmates thereof, and ...

7.48.076 Moral nuisance -- Trial -- Costs -- Dismissal -- Judgment
If the action is brought by a person who is a citizen of the county, and the court finds that there were no reasonable grounds ...

7.48.078 Moral nuisance -- Judgment -- Penalties -- Disposal of personal property
If the existence of a nuisance is admitted or established in an action as provided for in RCW 7.48.058 or in a criminal proceeding, an ...

7.48.080 Moral nuisance -- Violation of injunction -- Contempt of court
A violation of any injunction granted under RCW 7.48.050 through 7.48.100 is a contempt of court as provided in chapter 7.21 RCW.[1989 c 373 § ...

7.48.085 Moral nuisance -- Property owner may repossess
If a tenant or occupant of a building or tenement, under a lawful title, uses such place for the purposes of maintaining a moral nuisance, ...

7.48.090 Moral nuisance -- Contraband -- Forfeitures
Lewd matter is contraband, and there are no property rights therein. All personal property declared to be a moral nuisance in RCW 7.48.052 and 7.48.054 ...

7.48.100 Moral nuisance -- Immunity of certain motion picture theatre employees
The provisions of any criminal statutes with respect to the exhibition of, or the possession with the intent to exhibit, any obscene film shall not ...

7.48.110 Houses of lewdness, assignation or prostitution may be abated -- Voluntary abatement
If the owner of the building in which a nuisance is found to be maintained, appears and pays all costs of the proceeding, and files ...

7.48.120 Nuisance defined
Nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either annoys, injures or endangers the comfort, repose, ...

7.48.130 Public nuisance defined
A public nuisance is one which affects equally the rights of an entire community or neighborhood, although the extent of the damage may be unequal.[Code ...

7.48.140 Public nuisances enumerated
It is a public nuisance: (1) To cause or suffer the carcass of any animal or any offal, filth, or noisome substance to be collected, ...

7.48.150 Private nuisance defined
Every nuisance not included in the definition of RCW 7.48.130 is private.[Code 1881 § 1237; 1875 p 79 § 3; RRS § 9915.] ...

7.48.155 Unlawful use of firearm or deadly weapon -- Arrest required
The unlawful use of a firearm or other deadly weapon by a person in, or adjacent to his or her dwelling, that imminently threatens the ...

7.48.160 Authorized act not a nuisance
Nothing which is done or maintained under the express authority of a statute, can be deemed a nuisance.[Code 1881 § 1238; 1875 p 79 § ...

7.48.170 Successive owners liable
Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of such property caused by a former owner, ...

7.48.180 Abatement does not preclude action for damages
The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence.[Code 1881 § 1240; 1875 p ...

7.48.190 Nuisance does not become legal by prescription
No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right.[Code 1881 § 1241; 1875 p 80 § 7; ...

7.48.200 Remedies
The remedies against a public nuisance are: Indictment or information, a civil action, or abatement. The remedy by indictment or information shall be as regulated ...

7.48.210 Civil action, who may maintain
A private person may maintain a civil action for a public nuisance, if it is specially injurious to himself but not otherwise.[Code 1881 § 1243; ...

7.48.220 Abatement, by whom
A public nuisance may be abated by any public body or officer authorized thereto by law.[Code 1881 § 1244; 1875 p 80 § 10; RRS ...

7.48.230 Public nuisance -- Abatement
Any person may abate a public nuisance which is specially injurious to him by removing, or if necessary, destroying the thing which constitutes the same, ...

7.48.240 Certain places of resort declared nuisances
Houses of ill fame, kept for the purpose, where persons are employed for purposes of prostitution; all public houses or places of resort where gambling ...

7.48.250 Penalty -- Abatement
Whoever is convicted of erecting, causing or contriving a public or common nuisance as described in this chapter, or at common law, when the same ...

7.48.260 Warrant of abatement
When, upon indictment or information, complaint or action, any person is adjudged guilty of a nuisance, if it be in superior court the court may ...

7.48.270 Stay of warrant
Instead of issuing such warrant, the court may order the same to be stayed upon motion of the defendant, and upon his entering into a ...

7.48.280 Costs of abatement
The expense of abating a nuisance, by virtue of a warrant, can be collected by the officer in the same manner as damages and costs ...

7.48.300 Agricultural activities and forest practices -- Legislative finding and purpose
The legislature finds that agricultural activities conducted on farmland and forest practices in urbanizing areas are often subjected to nuisance lawsuits, and that such suits ...

7.48.305 Agricultural activities and forest practices -- Presumed reasonable and not a nuisance -- Exception -- Damages
Notwithstanding any other provision of this chapter, agricultural activities conducted on farmland and forest practices, if consistent with good agricultural and forest practices and established ...

7.48.310 Agricultural activities and forest practices -- Definitions
As used in RCW 7.48.305: (1) "Agricultural activity" means a condition or activity which occurs on a farm in connection with the commercial production of ...

7.48.315 Agricultural activities and forest practices--Recovering lawsuit costs--Farmers
(1) A farmer who prevails in any action, claim, or counterclaim alleging that agricultural activity on a farm constitutes a nuisance may recover the full ...

7.48.320 Agricultural activities and forest practices--Recovering costs to investigate complaints--State and local agencies
A state or local agency required to investigate a complaint alleging agricultural activity on a farm is in violation of specified laws, rules, or ordinances ...

7.48.900 Severability -- Initiative Measure No. 335
If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or ...

7.48.905 Severability -- 1979 c 122
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application ...