26.40.030 Public nuisance.
(1) A person commits the offense of public nuisance by knowingly creating, conducting, or maintaining a public nuisance.
(2) “Public nuisance” includes, but is not limited to:
(a) A condition which endangers safety or health, is offensive to the senses, or obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property;
(b) Persons gathering on any premises for the purpose of engaging in unlawful conduct;
(c) A condition making passage of any public right-of-way, or waters used by the public, dangerous; or
(d) A person appearing in a public place in an intoxicated condition such that the person is unable to care for himself of herself.
(3) Uses of Reservation lands and waters by Tribal members or the Tribes, whether agricultural operations or otherwise, existing prior to nearby residential or commercial development or population increase will not be considered a public nuisance.
(4) Public nuisance is a Class A offense with a maximum fine of $1,000. In addition, the person creating the public nuisance may be ordered to abate the nuisance or pay all costs of abatement.