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Topic: Public nuisance


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In the News (Sun 27 Dec 09)

  
  Public nuisance - Wikipedia, the free encyclopedia
In the English criminal law, public nuisance is a common law offence in which the injury, loss or damage is suffered by the local community as a whole rather than by individual victims.
It is, however, clear, in my opinion, that any nuisance is 'public' which materially affects the reasonable comfort and convenience of life of a class of Her Majesty's subjects.
The sphere of the nuisance may be described generally as 'the neighbourhood'; but the question whether the local community within that sphere comprises a sufficient number of persons to constitute a class of the public is a question of fact in every case.
en.wikipedia.org /wiki/Public_nuisance   (1302 words)

  
 Nuisance - Wikipedia, the free encyclopedia
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.
However, with the development of the courts of equity, the remedy of an injunction became available to prevent a defendant from repeating the activity that caused the nuisance, and specifying punishment for contempt if the defendant is in breach of such an injunction.
The boundaries of the tort are potentially unclear due to the public/private nuisance divide and existence of the rule in Rylands v Fletcher.
en.wikipedia.org /wiki/Nuisance   (750 words)

  
 Legal Definition of Nuisance   (Site not responding. Last check: 2007-10-24)
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.
Public nuisances arise in consequence of following particular trades by which the air is rendered offensive and noxious.
www.lectlaw.com /def2/n025.htm   (438 words)

  
 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.
Any person may abate a public nuisance which is specially injurious to him by removing, or, if necessary, destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury.
www.techlawjournal.com /glossary/legal/nuisance.htm   (991 words)

  
 City of Saginaw - Community - Public Nuisance
A public nuisance is defined as maintaining a public nuisance by act, or by failure to perform a legal duty, intentionally causing or permitting a condition to exist which injures or endangers the public health, safety or welfare.
Whatever annoys, injures or endangers the safety, health, comfort or repose of the public; offends public decency; interferes with, obstructs or renders dangerous any street, highway, navigable lake or stream; or in any way renders the public insecure in life or property is hereby declared to be a public nuisance.
Public nuisances shall include, but not be limited to, whatever is forbidden by any provision of this Chapter.
www.saginaw-mi.com /community/nuisance.php   (1038 words)

  
 Public nuisance ordinance: city attorney: departments: City of Fort Collins
Notice would be sent to the property owner (and tenants in the case of a rental) when the city begins the process of monitoring a property as a possible public nuisance.
Yes, the public nuisance ordinance can be thought of as an "umbrella ordinance" which is applied in addition to the existing ordinances about the individual violations.
No person would be brought into court under a public nuisance action if such an agreement was reached and the person did what he or she had agreed to do.
fcgov.com /cityattorney/public-nuisance.php   (1387 words)

  
 Public Nuisance 2
893 related to public nuisance must be substantiated by seven documented instances within a six-month period from the date of the first documented instance in order to support a finding of public nuisance at the premises.
849 related to public nuisance must be substantiated by seven documented instances within a six-month period from the date of the first documented instance in order to support a finding of public nuisance at the premises.
The public purpose of this ordinance is to prevent the use of private property as a marketplace for the sale of illegal drugs, as a haven for drug use, and as a location for drug-related criminal activity.
www.knowgangs.com /gang_resources/laws/ganglaws_023.htm   (2379 words)

  
 Public Nuisance
The expeditious repair or demolition of such vacant buildings and attached or detached appurtenances is essential in order to eliminate fire hazards, and public nuisance conditions which adversely affect the public safety and have a blighting effect on the neighborhood.
If the Department determines that a vacant building is a public nuisance building as defined in this section, then the Department may proceed to abate the public nuisance building utilizing the procedures set forth in Sections 91.8907.2, 91.8907.3 and 91.8907.4 of this Code.
This Board also finds that abating the public nuisance which results from said criminal activity is necessary to improve the quality of life of the residents of Miami-Dade County and that said abatement will safeguard the public health, safety, and welfare.
www.knowgangs.com /gang_resources/laws/ganglaws_022.htm   (1893 words)

  
 Noise and Public Nuisance
An ordinance to secure the public health, safety and general welfare of the residents and property owners of ________ Township, ________ County, Michigan, by the regulation of noise within said Township; to prescribe the penalties for the violation thereof.
This ordinance shall be known and cited as the ________Township Anti-Noise and Public Nuisance Ordinance.
No person, firm or corporation shall create, cause or maintain any public nuisance within the Township by the unreasonable emission of dust, smoke, fly ash or noxious odors which are offensive or disturbing to adjacent property owners and residents or persons in the area.
www.michigantownships.org /mta9052653.asp   (2004 words)

  
 Public Nuisance
The National Academy of Public Administration opined in February 1993, “FEMA has been ill-served by congressional and White House neglect, a fragmented statutory charter, irregular funding, and the uneven quality of its political executives appointed by ast presidents....
It used to be that the public disliked Congress as a whole, but liked their own Rep. This may well no longer be true.
Public sources have stated that these visitors were from the United Arab Emirates....
nuisance.blogspot.com   (7468 words)

  
 Public Nuisance -- resources
A public nuisance action was a classic example of the kind of suit that relied on the injunctive relief...
Excerpt:...were by the statutes of said state of Kansas declared to be a common nuisance, and directed to be shut up and abated as public nuisances; second, that none of the malt, vinous, spirituous, fermented...
Held: A Texas public nuisance statute, construed as authorizing state judges, on the basis of a showing that a theater exhibited obscene films in the...
bankruptcy.mongabay.com /resources/Public_Nuisance.html   (4047 words)

  
 Public nuisance problems
Some users of public space object loudly to sharing the space with pets and their owners.
It is difficult to measure the extent of this competition for public space.
These people would use public areas more were the areas designed to accommodate the needs of a variety of users, including pet owners.
www.petnet.com.au /dcue/chapt04/Chapt4_Page3.htm   (822 words)

  
 St. Louis City Ordinance 66181
An ordinance pertaining to public nuisances; repealing Ordinance 64693 and enacting in lieu thereof a new ordinance establishing procedures for the abatement of public nuisances identified by the Public Safety Director; containing definitions, a penalty clause and an emergency clause.
For purposes of this ordinance, "premises" includes any parcel of property and the building or structure, if any, which is situated on the property, and any portion of the public way that abuts the parcel of property when it is used in conjunction with the abutting property for the commission of illegal activity.
The order of abatement shall require the taking of reasonable measures designed to prevent the recurrence of the nuisance activity in light of the magnitude of the harm caused by the nuisance, the value of the property, and the extent to which the defendant has failed to take effective measures to abate the nuisance.
www.slpl.lib.mo.us /cco/ords/data/ord6181.htm   (748 words)

  
 Neighborhood Handbook - Public Nuisance Abatement   (Site not responding. Last check: 2007-10-24)
A Public Nuisance is any property in or on which specific criminal activity occurs.
The main difference between the state law and the city ordinance on public nuisance abatement is that property can be forfeited under state law, whereas the maximum remedy in the city code is closure of the property for a minimum of one year and a maximum of three years.
Breaches of the peace do not constitute a public nuisance unless (1) a citizen signs a complaint; (2) they occur on the property; (3) they are documented by the filing of a signed summons and complaint with the police; and (4) there are at least two within 180 days at the same property.
www.denvergov.org /NeighborhoodHandbook/template115095.asp   (796 words)

  
 Public Nuisance Ordinance   (Site not responding. Last check: 2007-10-24)
All property found to be maintained in violation of any one or more of the provisions of Section 3 of this Ordinance is hereby declared to be a public nuisance and shall be abated pursuant to the procedures set forth herein.
Nothing in this Chapter shall be deemed to prevent the City from commencing a civil or criminal proceeding to abate a nuisance under applicable civil, criminal or municipal code provisions as an alternative or alternatives to the proceedings set forth in this Ordinance.
The provisions of this ordinance are hereby declared to be severable and if any clause, sentence, word, section or provision is declared void or unenforceable for any reason by any court of competent jurisdiction, it shall not affect any portion of the ordinance other than said part of portion thereof.
www.wpnet.org /info_public_nuisance.htm   (2366 words)

  
 Liability in public nuisance
Public nuisance in relation to rights of way has acquired a sharper focus after the Court of Appeal's decision in Wandsworth London Borough Council v.
The scale of the problem is not `de minimis', therefore it amounts to a nuisance.
It is a public nuisance because it affects the public right of way and countless members of the public suffer.
dspace.dial.pipex.com /rwlr/s-4/s4-2-17.htm   (217 words)

  
 Public Nuisance Task Force   (Site not responding. Last check: 2007-10-24)
Since 1992, the mission of the Public Nuisance Task Force (PNTF) has been to assist Philadelphia residents and community groups combat drug and alcohol related nuisance problems in their neighborhoods.
At the conclusion of what often becomes a multi-agency investigation, assistant district attorneys seek to abate or close the nuisance location through civil injunction, asset forfeiture, habitability condemnation, and/or negotiation where appropriate.
In cases involving negotiations or nuisance bar prosecutions, the community is often directly involved in working with the property owner(s) or in testifying about nuisance activity emanating from the location.
www.phila.gov /districtattorney/community/nuisance   (382 words)

  
 BBC News | UK | Nudist 'not a public nuisance'
A jury has unanimously cleared a veteran nudist campaigner of being a public nuisance.
Vincent Bethell, 28, of The Freedom to be Yourself campaign, said he hoped the verdict would send a message to the authorities that nudity in public was not offensive.
But prosecuting lawyer Orlando Gibbons, also speaking after the trial, said nudity in public would remain a crime until there was a change in the law.
news.bbc.co.uk /1/hi/uk/1110330.stm   (305 words)

  
 AlterNet: EnviroHealth: Public Nuisance No. 1
Spitzer and a handful of other AGs, including Connecticut's Richard Blumenthal (D) and California's Bill Lockyer (D), found legal justification for the lawsuit in a series of centuries-old "public nuisance" prohibitions that were adapted from English common law to protect the health of the commons.
The AGs are demanding no financial penalties for the climate damage done so far, but are asking that the energy companies take immediate action to begin reducing their CO2 emissions 3 percent per year for the next 10 years.
If the states' lawsuit prompts companies to reevaluate their unstinting, well-funded opposition to emission regulations, it would be a historic case indeed, regardless of the verdict.
www.alternet.org /envirohealth/19442   (1329 words)

  
 Pierce County Responds: Public Nuisance Vehicles
In Pierce County, a Public Nuisance ('junk') Vehicle is defined by Pierce County Code, Chapter 8.10, and Ordinance 2003-32S2 as a vehicle, or parts of a vehicle, which meets three of the following four criteria:
Report Public Nuisance Vehicles by calling Pierce County Responds at (253) 798-INFO (4636), or submit a complaint on-line.
When a Public Nuisance Vehicle is verified a Notice of Potential Violation (NOPV) is mailed to the property/vehicle owner notifying them they have fifteen (15) days to remove the vehicle.
www.co.pierce.wa.us /pc/services/home/environ/pcresponds/pnv.htm   (512 words)

  
 Public Nuisance Regulations   (Site not responding. Last check: 2007-10-24)
Purpose: In accordance with 24 V.S.A. 2291, to define what constitutes a public nuisance, and to provide procedures and take action for its abatement or removal as the public health, safety or welfare may require.
In a public place or upon private property generally accessible to the public, engaging in conduct, including uttering words or making gestures, which a reasonable person would believe constitutes threats to his or her personal safety, combative behavior or interference with public peace and order; or
In a public place or upon private property generally accessible to the public, obstructing or impeding vehicular or pedestrian traffic upon any street, or highway or sidewalk; or
www.essexjunction.org /municode13.htm   (380 words)

  
 LawKT.com: Law Firm Publications on Public Nuisance
The publication is a "solution-based" resource manual with practical solutions to a wide range of commonly confronted problems.
At the extreme, San Francisco County has passed an ordinance to include mold as a public nuisance that needs to be abated -- despite the fact that the health effects of mold still are uncertain.
The potential for adverse health effects from exposure to indoor mold contamination is also attracting the attention of the public and regulators, and should be cause for concern for anyone who owns or occupies a commercial building, and equally those in the construction or building maintenance industry.
www.lawkt.com /pubs/Public_Nuisance.html   (3394 words)

  
 Curbing the Public Nuisance (Part 2)
I am speaking, of course, of the public nuisance (I wrote about him in Part 1.
In the olden days, you could just throw a brick at a public nuisance, and that would usually shut him up for two minutes — five if the brick hit its mark.
So it was inevitable that some guy named Mitch Altman would invent a high-tech way to neutralize those high-tech public nuisances.
www.shawnolson.net /a/943   (690 words)

  
 Editorial: 'A public nuisance'
A federal judge threw out an NAACP lawsuit accusing dozens of gun makers, sellers and suppliers of contributing to a public nuisance - that is, the arming of criminals.
He dismissed the case only because the civil rights organization had failed to show that its members had suffered special harm as a result of the nuisance.
Nonetheless, it is significant that, after sifting through the evidence presented at a six-week trial, a federal judge has concluded that the gun industry too often fails to take simple, basic steps to keep its products out of the hands of outlaws.
www.csgv.org /news/headlines/03_07_27_editorial.cfm   (467 words)

  
 Public Nuisance Vehicle Removal Assistance
If the vehicle meets the definition of a Public Nuisance Vehicle, you may also be eligible to participate in the Cooperative Abatement Program, a County program providing financial assistance to residential property owners in the removal of Public Nuisance Vehicles.
Once you have the replacement title, you may contact a properly licensed tow operator or hulk hauler to have the vehicle legally removed through a 'private impound.' No assistance is required from Pierce County Responds.
In addition to JVA assistance, you may be eligible to participate in the County's Cooperative Abatement Program, a County program providing financial assistance to residential property owners in removing Public Nuisance Vehicles.
co.pierce.wa.us /pc/services/home/environ/pcresponds/jvassistance.htm   (440 words)

  
 HRSDC: Public Institution? or Public Nuisance?
Says Schorr, "We are so eager, as a body politic, to eliminate the possibility that public servants will do anything wrong that we make it virtually impossible for them to do anything right." (p.
A useful public institution has turned into a public nuisance, damaging our collective capacity to solve problems and empower change.
At a time when the federal government has recognized the promise in CED and the social economy, and has pledged to work in partnership with the voluntary sector, it is both strategic and crucial to get HRSDC back on track.
www.cedworks.com /hrsdc.html   (2669 words)

  
 Public Nuisance Ordinance
(1) All snow, ice, dirt, and rubbish remaining on a public sidewalk more than 24 hours after its deposit thereon, provided, however, that snow and ice removal in residential areas is required within 48 hours;
Whoever by his or her act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor:
(3) Is guilty of any other act or omission declared by law or this ordinance to be a public nuisance and for which no sentence is specifically provided.
www.medfordminnesota.com /pubnuisord.html   (523 words)

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