What is the legal definition of “public nuisance” in a municipality?
In Washington, “Public Nuisance” is defined as any condition or activity that interferes with public health, safety, or welfare. This includes conditions that obstruct or otherwise interfere with the rights of others, including access to or use of public or private property. Examples are loud noises, offensive odors, crowding, and any activity that leads to physical harm or creates a risk of physical harm to the public. Public Nuisance can also include conditions that interfere with the use of public roads, parks, or other public areas. These include activities such as blocking public roads with parked vehicles or dumping refuse in public areas. A public nuisance can also be created by failing to maintain and keep up a property, such as failing to remove hazards from public streets. Municipal laws that govern public nuisance are designed to ensure that public health, safety, and welfare are not put at risk by unreasonable or unnecessary activities. Public nuisance laws are also designed to ensure that, to the extent possible, members of the public have access to public areas and can use them for their intended purpose. As such, it is illegal for anyone to create, maintain, or cause a public nuisance. Violations of the law may result in fines or other civil penalties.
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