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SUBSTITUTE
HOUSE BILL 2457
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AS
AMENDED BY THE SENATE
Passed
Legislature - 1992 Regular Session
State of Washington 52nd
Legislature 1992 Regular Session
Read first time 02/07/92. Changing restrictions on agricultural nuisances.
AN ACT
Relating to agricultural nuisances; and amending RCW 7.48.305 and 46.61.655.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
7.48.305 and 1979 c 122 s 2 are each amended to read as follows:
Notwithstanding
any other provision of this chapter, agricultural activities conducted on
farmland, if consistent with good agricultural practices and established prior
to surrounding nonagricultural activities, are presumed to be reasonable and
((do)) shall not be found to constitute a nuisance unless
the activity has a substantial adverse effect on the public health and safety.
If
that agricultural activity is undertaken in conformity with federal, state, and
local laws and regulations, it is presumed to be good agricultural practice and
not adversely affecting the public health and safety. An agricultural
activity that is in conformity with such laws and rules shall not be restricted
as to the hours of the day or day or days of the week during which it may be
conducted.
Nothing
in this section shall affect or impair any right to sue for damages.
Sec.
2. RCW
46.61.655 and 1990 c 250 s 56 are each amended to read as follows:
(1) No
vehicle shall be driven or moved on any public highway unless such vehicle is
so constructed or loaded as to prevent any of its load from dropping, sifting,
leaking, or otherwise escaping therefrom, except that sand may be dropped for
the purpose of securing traction. Any person operating a vehicle from which
any glass or objects have fallen or escaped, which would constitute an
obstruction or injure a vehicle or otherwise endanger travel upon such public
highway shall immediately cause the public highway to be cleaned of all such
glass or objects and shall pay any costs therefor.
(2) No
person may operate on any public highway any vehicle with any load unless the
load and such covering as required thereon by subsection (3) of this section is
securely fastened to prevent the covering or load from becoming loose,
detached, or in any manner a hazard to other users of the highway.
(3)
Any vehicle operating on a paved public highway with a load of dirt, sand, or
gravel susceptible to being dropped, spilled, leaked, or otherwise escaping
therefrom shall be covered so as to prevent spillage. Covering of such loads
is not required if six inches of freeboard is maintained within the bed.
(4)
Any vehicle with deposits of mud, rocks, or other debris on the vehicle's body,
fenders, frame, undercarriage, wheels, or tires shall be cleaned of such
material before the operation of the vehicle on a paved public highway.
(5)
The state patrol may make necessary rules to carry into effect the provisions
of this section, applying such provisions to specific conditions and loads and
prescribing means, methods, and practices to effectuate such provisions.
(6)
Nothing in this section may be construed to prohibit a public maintenance
vehicle from dropping sand on a highway to enhance traction, or sprinkling
water or other substances to clean or maintain a highway.
(7)
This section does not apply to waste products falling from vehicles hauling
live farm animals when crossing a ferry capable only of transporting fewer than
twenty-five vehicles.
