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7.48.120.Ý Nuisances defined.Ý Nuisances consist in unlawfully doing an act, or omitting to perform a duty, which act or omission either annoys, injures or endangers the comfort, repose, health or safety of others, offends decency, or unlawfully interferes with, obstructs or tends to obstruct, or render dangerous for passage, any lake or navigable river, bay, stream, canal or basin, or any public park, square, street, of highway; or in any way renders other persons insecure in life or in use of property.

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7.48.130.Ý Public nuisance defined.Ý 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.

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7.48.140.Ý Public nuisances enumerated.Ý It is a public nuisance:

Ý(1) To cause or suffer the carcass of any animal or any offal, filth, or noisome substance to be collected, deposited, or to remain in any place to the prejudice ofÝ others;

Ý(2) To throw or deposit any offal or other offensive matter, or the carcass of any dead animal, in any watercourse, stream, lake, pond, spring, well, or common sewer, street, or public highway, or in any manner corrupt or render unwholesome or impure the water of any such spring, stream, pond, lake, or well to the injury or prejudice of others;

Ý(3) To obstruct or impede, without legal authority, the passage of any river, harbor, or collections of water;

Ý(4) To obstruct or encroach upon public highways, private ways, streets, alleys, commons, landing places, and ways to burying places;

Ý(5) To carry on the business of manufacturing gunpowder, nitroglycerine, or other highly explosive substance, or mixing or grinding the materials therefor, in any building within fifty rods of any valuable building erected at the time such business may be commenced;

Ý(6) To establish powder magazines near incorporated cities or towns, at a point different from that appointed by the corporate authorities of such city or town; or within fifty rods of any occupied dwelling house;

Ý(7) To erect, continue, or use any building, or other place, for the exercise of any trade, employment, or manufacture, which, by occasioning obnoxious exhalations, offensive smells, or otherwise is offensive or dangerous to the health of individuals or of the public;

Ý(8) To suffer or maintain one's own premises, or upon the premises of another, or to permit to be maintained on one's own premises, any place where wines, spiritous, fermented, malt, or other intoxicating liquors are kept for sale or disposal to the public in contravention of law;

Ý(9) For the owner or occupier of land, knowing the existence of a well, septic tank, cess-pool, or other hole or excavation ten inches or more in width at the top and four feet or more in depth, to fail to cover, fence or fill the same, or provide other proper and adequate safeguards; Provided, that this section shall not apply to a hole one hundred square feet or more in area that is open and obvious.

ÝEvery person who has the care, government, management, or control of any building, structure, powder magazine, or any other place mentioned in this section shall for the purposes of this section, be taken and deemed to be the owner or agent of the owner or owners, and, as such, may be proceeded against for erecting, contriving, causing, continuing, or maintaining such nuisance.

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7.48.150.Ý Private nuisance defined.Ý Every nuisance not included in the definition of RCW 7.47.130 is private.

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7.48.160.Ý Authorized act not a nuisance.Ý Nothing which is done or maintained under express authority of a statute, can be deemed a nuisance.

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7.48.170.Ý Successive owners liable.Ý 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, is liable therefor in the manner as the own who first created it.

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7.48.180.Ý Nuisance does not become legal by proscription.Ý No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right.

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7.48.220.Ý Abatement, by whom.Ý A public nuisance may be abated by any public body or officer authorized thereto by law.

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7.48.230.Ý Public nuisance - abatement.Ý Any person may abate a public nuisance which is especially injurious to him by removing, of if necessary, destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury.

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