_______________________________________________
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.The text of the following section has been vetoed by the
Governor. It is noted in bold italic.
*
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.
*Sec. 2 was vetoed, see message at
end of chapter.
Passed the
House March 7, 1992.
Passed the
Senate March 3, 1992.
Approved by the Governor April 1, 1992, with the
exception of certain items which were vetoed.
Filed in
Office of Secretary of State April 1, 1992.
Note:
Governor's explanation of partial veto is as follows:
"I
am returning herewith, without my approval as to section 2, Substitute House
Bill No. 2457 entitled:
"AN ACT Relating to
agricultural nuisances."
Substitute
House Bill No. 2457 clarifies that a normal agricultural practice does not
constitute a nuisance. Section 2 exempts vehicles hauling live farm animals
from laws requiring loads to be secure while those vehicles are crossing
certain ferries. This section is aimed at allowing the continued transport of
livestock across the Keller Ferry on Lake Roosevelt without regard to animal
waste which falls from transport vehicles.
It is my
understanding that the Department of Transportation has given assurances to
livestock transporters that the use of the Keller Ferry will not be denied to
vehicles hauling live farm animals. As a result, section 2 is unnecessary. I
urge continued cooperation between the Department of Transportation and
affected parties to address any concerns about the use of the Keller Ferry.
For the
reason stated above, I have vetoed section 2 of Substitute House Bill No. 2457.
With the
exception of section 2, I have approved Substitute House Bill No. 2457."
