Nuisances on Public Property and Public Ways

Overview

Nuisances on public property and rights of way present unique enforcement issues. Although cities and counties generally have more latitude to abate nuisances on public property or rights-of-way compared with private property, it is still important to follow applicable abatement procedures. The authority to abate a nuisance comes from the police power, which is referenced in common law as well as the state constitution in Article XI, section 11:

Any county, city, town or township may make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws.

This page addresses specific issues relating to nuisance abatement on public property and public rights-of-way. It summarizes common types of regulations and potential legal issues associated with each. As the page shows, jurisdictions have defined many different types of nuisances to regulate, from begging to roadway debris to obstructions in rights-of-way.

Begging and Soliciting 

Ordinances regulating begging and soliciting on public property have recently become a point of particular contention among municipalities throughout the country, including those in Washington. This is because begging is legally considered a form of First Amendment protected speech, so begging restrictions must be well crafted to survive court scrutiny. 

For more information about begging and soliciting, see the section Solicitation of Aid on our page Regulation of Unauthorized Camping, Loitering, and Solicitation of Aid.

Pedestrian and Vehicular Interference

Pedestrian and vehicular interference ordinances that are narrowly drafted to regulate conduct (such as blocking users of the right-of-way) instead of expression present fewer First Amendment problems for localities. 

For more information and examples, see the Pedestrian and Vehicular Interference on our page Regulation of Unauthorized Camping, Loitering, and Solicitation of Aid.

Camping on Public Property

Many jurisdictions pass ordinances that make it illegal to camp overnight on public property. While ordinances prohibiting camping on public property are valid, they have been the subject of ongoing legal debate. 

For more information and examples, see the Unauthorized Sitting, Lying, or Camping in Public Places on our page Regulation of Unauthorized Camping, Loitering, and Solicitation of Aid.

Statutes Authorizing Cities and Towns to Abate Nuisances

• For first-class cities, specific powers are enumerated under RCW 35.22.280(30).
• For second-class cities, specific powers are enumerated under RCW 35.23.440(10).
• For code cities, RCW 35A.21.405 specifies certain nuisance abatement powers and requirements, and RCW 35A.21.160 provides these entities with all of the powers which any city of any class may have.
• For towns, power to regulate nuisances are established in RCW 35.27.410.
• RCW 9.66 defines and penalizes certain public nuisances as misdemeanor crimes.

Cruising and Street Racing

A number of cities have adopted anti-cruising ordinances that prohibit individuals from repeatedly driving on certain streets at certain times. Not only have such ordinances been upheld by the courts, they have also been effective in some cities. Anti-cruising ordinances help to alleviate traffic congestion by dispersing the people who want to cruise, thus lessening the likelihood of violence and antisocial behavior. 

Examples of Codes that Prohibit Nuisances Related to Cruising and Street Racing

Care should be taken to avoid passage of an overly broad cruising ordinance that might invite a legal challenge. Not all cities have conditions justifying such ordinances.

• Kent Municipal Code Ch. 9.42 – Makes it illegal to attend unlawful street racing events, and Ch. 9.43 prohibits persons from engaging in racing or unlawful race attendance within "No Racing Zones" as set forth in Sec 9.43.030.
• Kirkland Municipal Code Ch. 12.29 – Designates “traffic congestion areas” and prohibits cruising in those areas.
• Puyallup Municipal Code Ch. 10.70 – Provides for no-cruising areas and posting of signs.
• Shoreline Ordinance No. 937 (2021) – Prohibits street racing and spectating of street racing; designates several streets and roads frequented by illegal racers as "No Racing Zones."
• Sumner Ordinance No. 2766 (2021) – Updates existing municipal code chapters expanding the definition of an unlawful race event and adding additional no racing zones to the designated Stay Out of Areas of Racing (SOAR).
• Yakima Municipal Code Ch. 9.25 – Offers criteria for determining no-cruising areas and provides for open-cruising events on specific dates during the year.

Debris on Roadway

Under state law (RCW 46.61.655), vehicles carrying items must either be constructed or loaded to prevent any of its load from dropping, sifting, leaking, or otherwise escaping, or requires the vehicle be covered. This has also been adopted by reference in the Model Traffic Ordinance (see WAC 308-104-160(70)).

Examples of Codes that Prohibit Debris on Roadway

The codes below regulate roadway debris:

• Cheney Municipal Code Ch. 12.40 – Covers transporting debris, depositing debris, and disposing of construction site debris on public property or private roads.
• Marysville Municipal Code Ch. 12.40 – Requires cleanup of dirt, mud, rocks, vegetation, grease, oil or other foreign material or substance deposited, stored, abandoned, discharged, or spread on any public street, alley, sidewalk, or other public right-of-way.
• Seattle
  • Municipal Code Sec. 11.74.075 – Prohibits drivers from dumping loads onto an alley or street without first obtaining a permit.
  • Municipal Code Sec. 11.74.160 – Prohibits the operation of vehicles capable of dropping obstacles or debris.
  • Municipal Code Sec. 11.74.170 – Requires drivers to clean up any debris that has fallen or escaped during transit.

Crowds

Nuisances related to crowds can be defined as obstructions of access to public areas like streets or sidewalks.

Examples of Codes that Prohibit Nuisances Related to Crowds

• Auburn Municipal Code Ch. 12.32 – Prohibits sidewalk obstructions and reserves sidewalk use for pedestrians and bicycles.
• Bellingham Municipal Code Sec. 10.28.020(S) – Prohibits property abutting public streets or sidewalks to be used in such a way to create large crowds, obstruct traffic, or limit free use of the streets or sidewalks.
• Everett Municipal Code Ch. 13.12 – Allows for the following to be placed on sidewalks with city approval: trees/shrubs in containers, trash cans, telephone booths, special-event display merchandise, temporary restaurant seating, and mobile food carts.
• Lewis County Code Ch. 8.35 – Defines any structure, device, or natural or artificial thing that threatens roadway, endangers persons, or obstructs vehicles as public nuisances.
• Mercer Island Municipal Code Sec. 8.24.020(F and H) – F defines sidewalks in need of repair as nuisances, while H defines certain obstructions and excavations as nuisances and street/sidewalk obstruction more broadly.
• Seattle Municipal Code Ch. 15.52 – Requires permits for events when anticipated crowds might obstruct the normal and customary use of parks or public places.
• Spokane Municipal Code Ch. 12.02 – Prohibits obstruction caused by vegetation, sidewalks, fences, hedges, and trees, as well as unpermitted skywalks, underground utility vaults, and other street excavation work.
• Tacoma Municipal Code Ch. 8.60 – Restricts unlawful assembly in public streets and sidewalks when the assembly obstructs, interferes, or prevents unobstructed use by the public.

Personal Property from Evictions Placed on Public Property

RCW 59.18.312(5) gives landlords the ability to enter and take possession of any personal property evicted tenants have left behind after the execution of writs of restitution by a sheriff. In some cases, landlords can place tenants' belongings on the "nearest public property” (i.e., the right-of-way).

Examples of Codes Regulating Placement of Personal Property from Evictions

Generally, these codes establish a timeline by when personal belongings become nuisances that require abatement, allowing evicted tenants sufficient time to retrieve their items.

• Lewis County Code Sec. 1.22.040 – Provides evicted tenants 24-hour notice to remove property before it is deemed a nuisance. Landlord has 48 hours from notice to remove property or county abates nuisance and bills costs to landlord.
• Kitsap County Code Sec. 9.56.090 – Provides evicted tenant 24-hour notice to remove property before property is deemed a nuisance.
• Tacoma Municipal Code Sec. 8.30.055 – Covers all abandoned property on private property and public right-of-way, including evictions, and provides 48 hours to remove it before city abates it.

Abandoned Shopping Carts 

State law prohibits individuals from removing shopping carts from parking areas of retail establishments (RCW 9A.56.270).

Examples of Codes that Prohibit Abandoned Shopping Carts

The following codes provide further regulation on shopping cart containment and removal of abandoned carts:

• Auburn Municipal Code Ch. 8.18 – Requires shopping carts to have permanent signs identifying owners and provides method of notification of owner; also provides for disposition of carts if not claimed with 14 days.
• Bellevue Municipal Code Ch. 9.28 – Makes removing shopping carts without permission violations and provides penalties.
• Federal Way Ordinance No. 22-943 (2022) – Declares abandoned shopping carts on public or private property to be nuisances. Requires shopping carts to have identification signs; establishes process for city to impound abandoned shopping carts and charge fees to cart owners.
• Issaquah Ordinance No. 2967 (2022) – Declares abandoned shopping carts to be nuisances. Carts must have identification signs; establishes process for city to return carts. Owners subject to frequent losses are required to develop containment/retrieval plans. Exempts businesses with 15 or fewer carts.
• Renton Municipal Code Ch. 6-27 – Requires owners who provide shopping carts to develop, implement, and comply with provisions of written Shopping Cart Containment and Retrieval Plan; provides exemptions.
• Yakima Municipal Code Ch. 6.27 – Requires identification of carts, provides retrieval procedures (may require fees), and includes disposal procedures if cart not claimed within seven days.