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Topic: Nuisance


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In the News (Tue 20 Aug 19)

  
  Definition: Nuissance.
A public nuisance is an interference with the common right of the general public or an indefinite number of persons; an unreasonable interference with the health, safety, peace, or comfort of the community.
A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.
Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of, such property, created by a former owner, is liable therefor in the same manner as the one who first created it.
www.techlawjournal.com /glossary/legal/nuisance.htm   (991 words)

  
  Canadian Tort Law: Nuisance > Duhaime Law   (Site not responding. Last check: 2007-10-26)
Nuisance is divided into "public nuisances" and "private nuisances" depending on the extent of the harm or annoyance.
Public nuisances are those suffered by citizens generally or by a "substantial" number of members of the public.
The normal remedy for a nuisance is an injunction, which is an order of the court to the defendant to cease and desist certain conduct or to do something specific.
www.duhaime.org /Tort/nuis.aspx   (821 words)

  
  NationMaster - Encyclopedia: Attractive nuisance doctrine
With respect to the existence of an attractive nuisance, it must be shown that they had prior notice of the condition before liability could be imputed to members of the governing commissions for the existence and continuance of the attractive nuisance.
The trial court dismissed the claim of attractive nuisance on the pleadings on the basis that the attractive nuisance doctrine is not recognized in Vermont.
Plaintiffs' complaint charged that the horse and pen were an attractive nuisance to the small child and it was foreseeable that the child would enter the pen, which was possible because the fence was not electrified.
www.nationmaster.com /encyclopedia/Attractive-nuisance-doctrine   (639 words)

  
 FWC -  Alligator Management - Nuisance Alligators
The Statewide Nuisance Alligator Program is looking for a nuisance alligator trapper for the northern part of Dade County.
The Statewide Nuisance Alligator Program is administered by the Division of Hunting and Game Management through contracts between the Commission and nuisance alligator trappers.
Nuisance alligator trappers were issued over 19,000 permits and tags and removed more than 11,000 nuisance alligators.
myfwc.com /gators/nuisance.htm   (441 words)

  
 Penn State Dickinson School of Law - www.dsl.psu.edu
A nuisance lawsuit involves a neighbor suing a farmer to force him to stop doing a harmful farming activity or force him to pay damages for his harmful farming actions.
According to Pennsylvania caselaw, a public nuisance is defined as an inconvenience or troublesome offense that annoys the whole community in general, and not merely one particular person.
A private nuisance is defined as conduct that is a legal cause of an invasion on another's interest in the private use and enjoyment of land, and the invasion is either
www.dsl.psu.edu /centers/aglawpubs/nuisance.cfm   (1635 words)

  
 Nuisance Wildlife
A Depredation Permit is required to trap nuisance game animals other than beaver, muskrat, nutria, coyote and skunk outside of the trapping season.
Live traps: Nuisance animals may also be removed by landowners (or their designees) at any time without a Depredation Permit.
This registry was developed for landowners with problem furbearers willing to allow licensed trappers or furbearer hunters access to their property during open hunting and trapping seasons in order to take furbearers causing property damage in addition to other valuable species.
www.agfc.com /wildlife-conservation/nuisance.aspx   (574 words)

  
 Legal Definition of Nuisance
NUISANCE - Substantial interference with the right to use and enjoy land, which may be intentional, negligent or ultrahazardous in origin, and must be a result of defendant's activity.
To constitute a Public nuisance, there must be such 'a number of persons annoyed, that the offence can no longer be considered a private nuisance: this is a fact to be judged of by the jury.
A private nuisance is anything done to the hurt or annoyance of the lands, tenements, or hereditaments of another.
www.lectlaw.com /def2/n025.htm   (447 words)

  
 nuisance.org.uk
Nuisance, like its editor, is currently going through a strange period of change.
Nuisance in collaboration with Brighton Cinematheque presented CRITICAL POSITIONS 2 in June 2006; a festival of films exploring the ideas of cultural and social theorists and filmmakers who have critiqued and influenced how we view and act in the modern world.
Nuisance can be contacted by email at info@nuisance.org.uk
www.nuisance.org.uk   (131 words)

  
 Great Lakes Aquatic Nuisance Species
Preventing the introduction and spread of aquatic nuisance species is a priority for the Great Lakes Commission.
Since 1991, the Great Lakes Commission has provided staff support to the Great Lakes Panel on Aquatic Nuisance Species, a binational body comprised of representatives from government (state, provincial, federal, tribal), business and industry, universities, citizen environmental groups and the larger user community, that provides guidance on ANS research initiatives, policy development and information/education programs.
Promoting application-oriented research in the areas of biology and life history, control and mitigation of ecosystem effects, prevention of introductions, socioeconomic considerations and analysis, and spread of aquatic nuisance species populations.
www.glc.org /ans   (534 words)

  
 Resources and Information
In this article we'll look at nuisance lawsuits and the steps that should be taken to minimize the risk of being involved in such a lawsuit.
In a legal sense, nuisance means conduct of one person that is unreasonable, causes annoyance, inconvenience, discomfort, or damage to others in the legitimate use and enjoyment of their property.
Nuisance law is very subjective and a livestock operation that may be no problem for some neighbors may be considered a nuisance for others.
www.iowapork.org /rscinfo/nuisance_lawsuitsi.html   (955 words)

  
 CSAO: Nuisance Abatement Unit
Nuisance Abatement combines civil remedies and innovative problem solving with traditional policing and criminal prosecution to address the quality of life in communities throughout Connecticut.
The Nuisance Abatement and Quality of Life Act requires a minimum of three arrests or the issuance of three arrest warrants indicating a pattern of criminal activity on the property during a one-year period before a nuisance abatement action is brought.
Once a location is identified, the Nuisance Abatement Unit notifies the landlord of the problems and asks for a meeting between the landlord or property manager and the Nuisance Abatement prosecutors and police.
www.ct.gov /csao/cwp/view.asp?a=1798&q=285774&csaoNav=|   (677 words)

  
 Penn State Dickinson School of Law - www.dsl.psu.edu
In general, a private nuisance refers to an activity that does not involve physical trespass, but nevertheless interferes with an individual's reasonable use or enjoyment of his or her property.
Where the nuisance is in the existence at the time of the conviction and sentence, the court, in its discretion, may direct either the defendant or the sheriff of the county at the expense of the defendant to abate the same.
For example, in 1978, a mother was found guilty of sustaining a public nuisance when she allowed her five daughters aged six to seventeen to physically beat neighborhood children, utter profanity, be loud and boisterous, throw rocks at people, spit and throw trash.
www.dsl.psu.edu /centers/aglawpubs/panuisancelaw.cfm   (2916 words)

  
 Threepenny: Phillips, Nuisance Value
But whether the nuisance is, to use an entrenched vocabulary, the cause or the consequence of resistance —whether we resist something because it is a nuisance, or it is a nuisance because we resist it—is never so clear.
When a nuisance is experienced merely as a nuisance, when a nuisance is taken too literally, when a nuisance goes on being a nuisance, it is a missed opportunity.
Being able to be a nuisance may be necessary to survival; so-called nuisance value may be another way of describing the individual's stubborn ambivalence about recognition, the baffled nature of his insistent appeal.
www.threepennyreview.com /samples/phillips_f04.html   (3817 words)

  
 nuisance. The Columbia Encyclopedia, Sixth Edition. 2001-05
A private nuisance (e.g., erecting a wall that shuts off a neighbor’s light) is one that affects one or a few persons, while a public nuisance (e.g., conducting a disorderly house) affects many persons.
Damages are available to a party who suffers from a private nuisance or who is especially injured by a public nuisance, and courts will issue injunctions against continuing nuisances.
Thus, while a slaughterhouse is lawful in a manufacturing district, it may be a nuisance in a residential quarter.
www.bartleby.com /65/nu/nuisance.html   (200 words)

  
 Nuisance Abatement
Any person in charge who permits property under his or her ownership or control to be a Public Nuisance Property shall be in violation and is subject to its remedies.
In the event that it is determined that the property is an immediate threat to the public safety and welfare, the City may apply to the court for such interim relief, as is deemed by the Chief of Police to be appropriate.
The act defines a "nuisance" as any place at which or on which controlled substances are unlawfully sold, possessed, served, stored, delivered, manufactured, cultivated, given away, or used more than once within a period of one year.
www.keynet.net /~patrol/nuisance.html   (600 words)

  
 HSE Warns Against Nuisance Dust Masks
Nuisance dust masks should only be used when dusts are not hazardous to health, but they are often used as cheap alternatives to the correct protective equipment.
However they are readily available to industry, DIY enthusiasts and hobbyists, which means that they may be found in a variety of occupational and domestic environments and consequently could be used for purposes that they are not intended for.
Similarly, nuisance dust masks should not be used to give protection from substances that cause occupational asthma but do not have occupational exposure limits.
www.occupationalhazards.com /Issue/Article/36105/HSE_Warns_Against_Nuisance_Dust_Masks.aspx   (570 words)

  
 Nuisance
For action to be taken the nuisance complained of must, or be likely to be, prejudicial to people's health or interfere with a person's legitimate use and enjoyment of land.
A statutory nuisance could arise from the poor state of your premises or any noise, smoke, fumes, gases, dust, steam, smell, effluvia, the keeping of animals, deposits and accumulations of refuse and/or other material, pests and artificial lighting.
Always discuss statutory nuisance issues with your local authority Environmental Health Officer and remember that an abatement notice is a legal notice and non-compliance could expose you to the risk of prosecution.
www.copelandbc.gov.uk /main.asp?page=2189&theme=textonly   (750 words)

  
 The Mille Lacs Band of Ojibwe
This Public Nuisance Ordinance represents the law pertaining to nuisance on the lands of the Mille Lacs Band of Ojibwe.
(1) Attractive Nuisance means any condition located on property that could reasonably be viewed as a source of danger to children because the condition creates an attraction where children may enter into or onto to play.
Any Owner, Tenant or responsible party who is found guilty of creating a nuisance, and the MLBO is required to abate such nuisance on an emergency basis, may be fined no more than the maximum amount of $1,000.00.
www.millelacsojibwe.org /nuisance.asp   (1236 words)

  
 AB Just Nuisance, RN - Simon's Town, South Africa - The Perfect Holiday
Just Nuisance would regularly follow the naval liberty men when they went for a "run-ashore" in Cape Town some 22 miles and 27 stations north on the electric railway, but he always new which station he wanted.
Just Nuisance was now a bona-fide member of the Navy and, as such, he expected all the benefits that that brought - he started sleeping on sailors' beds - his long frame fully stretched out with his head comfortably placed on the pillow.
Just Nuisance was equally at home on any ship that called in at the port, and was loved by everybody who met him though his main interest was only with other ranks.
www.simonstown.com /tourism/nuisance/nuisance.htm   (1586 words)

  
 Attractive Nuisance Law and Legal Definition - USlegalforms.com   (Site not responding. Last check: 2007-10-26)
Attractive nuisance is a defense to trespass by children used in tort law.
The doctrine of attractive nuisance is premised on the belief that one who maintains a dangerous condition which is likely to attract children on their property is under a duty to post a warning or take affirmative action to protect children from the dangers of that attraction.
However, if a child is in danger due to an attractive nuisance and an adult attempts to rescue the child, the attractive nuisance doctrine may hold the landowner responsible for the rescuer's injuries in addition to the child's injuries.
www.uslegalforms.com /legaldefinitions/attractive-nuisance   (595 words)

  
 YOUR NAME's Real Estate Update
"Nuisance" has been defined as "something that causes harm" and "a bit of a bother." Nuisances are a pretty common occurrence in homeowner associations since living in close proximity is bound to create friction from time to time.
The problem is there is a growing belief in the legal community that these provisions themselves may be a nuisance for the boards responsible for enforcing them.
One problem is simply defining the term "nuisance." The obvious goal of nuisance provisions is to prevent residents from making other residents miserable.
www.realtytimes.com /rtnews/nlpages/20060419_nuisance.htm?opendocument&Vol=&ID=sampleplus   (416 words)

  
 Nuisance Wildlife   (Site not responding. Last check: 2007-10-26)
By identifying what is drawing the animal to the property or causing the nuisance behavior, it is easier to draw up a plan to permanently correct the problem.
In many cases, by the time a homeowner discovers a nuisance wildlife problem and begins to seek out solutions, the offending wildlife have already been conditioned that their actions can safely be repeated.
By teaching one nuisance squirrel to stay out of your attic, he'll also continue to defend his territory (your yard) from invasion by new squirrels.
wildliferehabber.com /nuisance3.htm   (565 words)

  
 nuisance — Infoplease.com
nuisance, in law, an act that, without legal justification, interferes with safety, comfort, or the use of property.
Race nuisance: the politics of law in the Jim Crow era.
Generalized p-values in significance testing of hypotheses in the presence of nuisance parameters.
www.infoplease.com /ce6/society/A0836161.html   (330 words)

  
 Nuisance Abatement
The intent of the Nuisance Abatement Ordinance is to promote, protect and improve the health, safety and welfare of the citizens of the City of Gainesville.
If the Board decides that a public nuisance does exist, they may order the owner of the property to control the nuisance or activity that is causing the nuisance.
If during that year the nuisance is not stopped, the Board may revisit the issue to see if stiffer remedies, including up to closure of the premises, are warranted.
www.gainesvillepd.org /nuisance_abatement.htm   (445 words)

  
 Nuisance   (Site not responding. Last check: 2007-10-26)
It is one of the oldest causes of action known to the common law, with cases framed in nuisance going back almost to the beginning of recorded case decisions.
Nuisance signifies that the right of quiet enjoyment is being disrupted to such a degree that in law, a tort is being committed.
Traditionally, nuisance is divided into public nuisance, interference with the reasonable expectations and rights of the general public (ie, society), and private nuisance, the interference with the right of specific people.
www.buzznet.com /tags/nuisance   (147 words)

  
 CHAPTER 27. NUISANCE PLANTS
A Class B nuisance plant is one for which there is a known effective control method.
However, a landowner or person who possesses or has use of the land from which a nuisance plant has spread onto a neighboring property may enter into a written agreement with the Department of Agriculture specifying terms and conditions for the control or eradication of the designated nuisance plant.
The decision by the Secretary or the Secretary's designee is appealable to the Superior Court for the county in which the nuisance plant is growing within 30 days of the mailing of a decision by the Secretary or the Secretary's designee.
delcode.delaware.gov /title3/c027/index.shtml   (1057 words)

  
 [No title]
Among the primary services they deal with are nuisance garbage in yards, noise and light pollution, dangerous or nuisance animals, asbestos removal monitoring, pool inspection and licensing for animals.
All requests for capture of nuisance animals such as skunks, raccoons, stray dogs or cats, etc. should be referred to an animal control service or pest control service.
Nuisance vehicles are classified as vehicles that are damaged, unsecured, partially dismantled, favorable to the harborage or rodents and insects, etc. The exact address of any nuisance vehicles on private property should be referred to the City of Milwaukee Department of Neighborhood Services' Nuisance and Environmental Health Section at 286-2268.
www.city.milwaukee.gov /display/router.asp?docid=1560&_nwsard=1   (3201 words)

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