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Whether the public nuisance charge results from the use of your private property or from some interference with a public passageway, the offense is a misdemeanor in California.
Anything which is injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance.
A few examples of private nuisances are: vibration, pollution of a stream or soil, smoke, foul odors, excessive light, and loud noises. Private nuisance lawsuits typically arise between neighbors, with one property owner being negatively affected by the acts of his or her neighbor.
1 Examples of public nuisance include pollution of navigable waterways, interfering with the use of public parks and the creation of public health hazards. Plaintiffs in public nuisance lawsuits, including state departments and agencies, may seek damages and/or injunctions.
2. What are the elements of a private nuisance claim?Was harmful to health; or.Was indecent or offensive to the senses; or.Was an obstruction to the free use of property, so as to cause loss of enjoyment of life or property; or.More items...
To make a public nuisance claim you must prove that a person's conduct or behaviour has caused injury, loss or damage to the community as a whole.
Public nuisance is a common law offence involving environmental danger or loss of amenity or offensive public behaviour. The related common law offence of outraging public decency involves actions or displays in public places that outrage generally accepted standards of decency, in the presence of at least two people.
A public nuisance is an unreasonable, unwarranted, or unlawful interference with a right common to the general public. The sheer number of people affected doesn't transform a private nuisance into a public onerather, the public must be affected in a manner specifically prohibited by your city's or state's laws.
'1 Nuisance is part of a class of torts which protect against harms to property. Specifically, nuisance is an injury caused by unreasonable interference with the use of land. 2 It is closely related to the tort of trespass, which concerns the physical intrusion on the property of another.
Essentials of Public NuisanceA person must have done an act or an illegal omission. Such an act or omission must cause any common injury, danger or annoyance to the public or to the people in general who dwell or occupy the property in the vicinity.