HomeMy WebLinkAbout3233 Adding Section 9.08.020 (W) to the PTMC Relating to Public Nuisances to Include the Feeding of Wildlife Ordinance 3233
ORDINANCE NO. 3233
AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON,
ADDING SECTION 9.08.020 (W) TO THE PORT TOWNSEND MUNICIPAL CODE
RELATING TO PUBLIC NUISANCES TO INCLUDE THE FEEDING OF WILDLIFE
WHEREAS, the human feeding of wild ducks, geese, gulls and deer within the City
limits is resulting in increasingly aggressive behavior, as well as the depositing of fecal matter,
garbage, debris, and filth in public areas and on surrounding properties and is an impediment to
the safe flow of vehicle or pedestrian traffic throughout the City; and
WHEREAS, human feeding of such wild birds and animals can create health hazards to
residents and visitors to the City; and,
WHEREAS, the citizens of Port Townsend have the right to enjoy those public areas and
their properties and to be free from nuisances created by other people; and,
WHEREAS, the human feeding of such wild birds and animals is detrimental to the
birds and animals; and
WHEREAS, the City Council seeks to amend Chapter 9.08.020 of the Port Townsend
Municipal Code by adding a new Section entitled "Feeding of Wild Geese, Ducks, Gulls and
Deer Prohibited"; and,
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
Section 1. Amendments. Section 9.08.020 of the Port Townsend Municipal Code is
amended to read as shown in Exhibit A.
Section 2. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of the
provision to other persons or circumstances, is not affected.
Section 3. Effective Date. This Ordinance shall take effect and be in force five days
after the date of its publication in the manner provided by law.
ADOPTED by the City Council of the City of Port Townsend at a regular meeting
thereof, held this 7th day of October 2019.
c orali S. Sties n
Mayor
Attest: Approved d as to form:
Joanna Sanders, MMC Heidi ..rrc n qvo
City Clerk City Attorney
Ordinance 3233 Exhibit A
Page 1 of 3
Exhibit A
9.08.020 Types of nuisances.
Each of the following conditions, unless otherwise permitted by law, is declared to constitute a
public nuisance, and whenever the enforcement officer determines that any of these conditions
exist upon any premises or in any lake, river, stream, drainageway or wetlands, the officer may
require or provide for the abatement thereof pursuant to this chapter:
A. The existence of any weeds, trash, dirt, filth, the carcass of any animal, waste shrubs,
accumulation of lawn or yard trimmings or other offensive matter;
B. The existence of any dead, diseased, infested or dying tree that may constitute a danger to
street trees, streets or portions thereof,
C. The existence of any tree, shrub or foliage, unless by consent of the city, which is apt to
destroy, impair, interfere or restrict:
1. Streets, sidewalks, sewers, utilities or other public improvements;
2. Visibility on, or free use of, or access to such improvements;
D. The existence of any vines or climbing plants growing into or over any street tree, or any
public hydrant, pole or electrolier, or the existence of any shrub, vine or plant growing on,
around or in front of any hydrant, standpipe, sprinkler system connection or any other appliance
or facility provided for fire protection purposes in such a way as to obscure the view thereof or
impair the access thereto;
E. The existence of any accumulation of materials or objects in a location when the same
endangers property, safety or constitutes a fire hazard;
F. The existence of a sidewalk or a portion of a sidewalk adjacent to any premises which is out of
repair, and in a condition to endanger persons or property, or in a condition to interfere with the
public convenience in the use of such sidewalk;
G. (Reserved;
H. The burning or disposal of refuse, sawdust or any other material without a permit;
I. The existence of any obstruction to a street, alley, crossing or sidewalk, and any excavation in
or under any street, alley, crossing or sidewalk, which is by ordinance prohibited, or which is
made without lawful permission, or which, having been made by lawful permission, is kept and
maintained after the purpose thereof has been accomplished, and for an unreasonable length of
time;
J. The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in
or upon any private lot, building, structure or premises, or in or upon any street, alley, sidewalk,
park, parkway or other public or private place in the city, any one or more of the following
Ordinance 3233 Exhibit A
Page 2 of 3
disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places,
conditions or things:
1. Any putrid, unhealthy or unwholesome bones, meat, hides, skins, the whole or any part of
any dead animal, fish or fowl, or waste parts of fish, vegetable or animal matter in any
quantity; but nothing herein shall prevent the temporary retention of waste in approved
covered receptacles,
2. Any privies, vaults, cesspools, sumps, pits or like places which are not securely protected
from flies and rats, or which are foul or malodorous,
3. Any filthy, littered or trash-covered dwellings, cellars, house yards, barnyards, stable
yards, factory yards, vacant areas in the rear of stores, vacant lots, houses, buildings or
premises,
4. Any animal manure in any quantity which is not securely protected from flies or weather
conditions, or which is kept or handled in violation of any ordinance of the city,
5. Any poison oak or poison ivy, Russian thistle or other noxious weeds, whether growing or
otherwise; but nothing herein shall prevent the temporary retention of such weeds in
approved covered receptacles,
6. Any bottles, cans, glass, ashes, small pieces of scrap iron, wire, metal articles, bric-a-brac,
broken stone or cement, broken crockery, broken glass, broken plaster and all such trash or
abandoned material, unless it is kept in approved covered bins or galvanized iron
receptacles,
7. Any 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 or other metal not neatly piled or anything whatsoever in which
flies or rats may breed or multiply or which may be a fire hazard;
K. The depositing or burning or causing to be deposited or burned in any street, alley, sidewalk,
park, parkway or other public place which is open to travel, of any hay, straw, paper, wood,
boards, boxes, leaves, manure or other rubbish or material;
L. The storage or keeping on any premises for more than 30 days of any used or unused building
materials as defined in subsection B of PTMC 9.08.010, whose retail cost new would exceed
$100.00; provided, that nothing herein shall:
1. Prohibit such storage without a permit when done in conjunction with a construction
project for which a building permit has been issued and which is being prosecuted diligently
to completion,
2. Prohibit such storage without a permit upon the premises of a bona fide lumber yard,
dealer in building materials or other commercial enterprise when the same is permitted under
the zoning ordinance and other applicable laws,
3. Make lawful any such storage or keeping when it is prohibited by other ordinances or
laws;
Ordinance 3233 Exhibit A
Page 3 of 3
M. The existence of any fence or other structure or thing on private property abutting or fronting
upon any public street, sidewalk or place which is in a sagging, leaning, fallen, decayed or other
dilapidated or unsafe condition;
N. The existence or maintenance on any premises of a storage area,junk yard or dumping ground
for the wrecking or disassembling or automobiles, trucks, trailers, house trailers, boats, tractors
or other vehicle or machinery of any kind, or for the storing or leaving of worn out, wrecked,
inoperative or abandoned automobiles, trucks, trailers, housetrailers, boats, tractors or other
vehicles or machinery of any kind or of any major parts thereof, except as allowed by the other
ordinances of the city;
O. The existence on any premises of any abandoned or unused well, cistern or storage tank
without first demolishing or removing from the city such storage tank or securely closing and
barring any entrance or trapdoor thereto or without filling any well or cistern or capping the same
with sufficient security to prevent access thereto by children;
P. The existence on any premises, in a place accessible to children, of any unattended and/or
discarded icebox, refrigerator or other large appliance;
Q. The existence of any drainage onto or over any sidewalk or public pedestrian way;
R. All trees, hedges, billboards, fences or other obstructions which prevent persons from having
a clear view of traffic approaching an intersection from cross streets in sufficient time to bring a
motor vehicle driven at a reasonable speed to a full stop before the intersection is reached;
S. The keeping or harboring of a dog or other 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 a neighborhood or
any considerable number of persons;
T. Riding or leading horses upon the sidewalks or parking strips anywhere within the city limits;
U. All acts or omissions defined as a public nuisance pursuant to Chapter 9.10 PTMC;
V. Throwing, placing, attaching, hanging, posting or depositing upon any motor vehicle,
telephone pole, power pole, street light pole or similar utility pole or structure, any handbill,
poster, printed or written matter, any sample, advertising matter, circular, leaflet, pamphlet,
paper, booklet or any other printed or otherwise reproduced original or copy of any matter of
literature, except that this provision shall not be construed to:
1. Prohibit the identification of a firm or its products on a vehicle, and
2. Prohibit signs upon utility poles for utility identification or similar purposes
W. Feeding of wild geese. ducks,wgulls deer, and other wildlife, which feeding results in
aggressive behavior toward humans or other animals or in the deposit of refuse debris fecal
matter, or other offensive s mbst tneein a &Mace in the citylp_ttl� are'udice or aniioyancc of arab
person* or which iinp.�cics the sale flow of vehicle and pedestriail traffic.. .__