Urban planning community

+ Reply to thread
Results 1 to 11 of 11

Thread: When is a nuisance a nuisance?

  1. #1
    Cyburbian H's avatar
    Registered
    Feb 2003
    Location
    MKS
    Posts
    2,847

    When is a nuisance a nuisance?

    I understand what a nuisance is, but when does it become one? How is it determined when that threshold is crossed?

    Can a smell be a nuisance? If so, how close does it have to be? (Because smell can travel far)

  2. #2
    Corn Burning Fool giff57's avatar
    Registered
    Jul 1998
    Location
    On the Mother River
    Posts
    4,582
    When a judge will agree that it has crossed that line.
    “As soon as public service ceases to be the chief business of the citizens, and they would rather serve with their money than with their persons, the State is not far from its fall”
    Jean-Jacques Rousseau

  3. #3
    Cyburbian SGB's avatar
    Registered
    Nov 2002
    Location
    Champlain-Adirondack Biosphere Reserve
    Posts
    3,387
    Quote Originally posted by H
    I understand what a nuisance is, but when does it become one? How is it determined when that threshold is crossed?
    When that threshold is clearly and objectively defined in a local or state law.
    All these years the people said he’s actin’ like a kid.
    He did not know he could not fly, so he did.
    - - Guy Clark, "The Cape"

  4. #4
    A nuisance occurs when it demonstrably exceeds the threshhold clearly stated in your ZO at the point where it may be measured according to your ZO. Here, it is always the nearest change in zoning (from light industrial to residential, for example).
    On pitching to Stan Musial:
    "Once he timed your fastball, your infielders were in jeopardy."
    Warren Spahn

  5. #5
    Cyburbian H's avatar
    Registered
    Feb 2003
    Location
    MKS
    Posts
    2,847
    Okay. And when the nuisance was there first? and then the development comes? (like Sabatian v Hadacheck) when does the nuisance stay or go? Does it not matter that the activity was ther first?

  6. #6
    Cyburbian SGB's avatar
    Registered
    Nov 2002
    Location
    Champlain-Adirondack Biosphere Reserve
    Posts
    3,387
    Quote Originally posted by H
    Okay. And when the nuisance was there first? and then the development comes? (like Sabatian v Hadacheck) when does the nuisance stay or go? Does it not matter that the activity was ther first?
    No. What matters is if the nuisance language was in the local law first.
    All these years the people said he’s actin’ like a kid.
    He did not know he could not fly, so he did.
    - - Guy Clark, "The Cape"

  7. #7
    Cyburbian The One's avatar
    Registered
    Mar 2004
    Location
    Where Valley Fever Lives
    Posts
    7,324

    huh?

    Hasn't anyone else worked in a "pro citizen activist" community?

    It is defined as "anytime any citizen is upset about anything" or more commonly defined as "whatever any citizen is concerned with"
    Skilled Adoxographer

  8. #8

    Thought this might help....

    Nuisance
    Common law nuisance and public nuisance
    In principle anything (except an Act of Parliament) which stops anyone from exercising and enjoying their rights can be considered to be a common law nuisance. If the nuisance affects the whole neighbourhood, it can be considered to be a public nuisance. This does not always mean that it is something which can easily be stopped! In fact nuisance is rarely a law which has any practical application in countryside situations.

    In the case of an individual nuisance, the remedy is for the individual concerned to sue for damages and/or seek a court injunction to prevent a recurrence of the nuisance. This is the most likely instance where a countryside manager might encounter this law - when an irate neighbour complains about some activity and threatens to sue for nuisance.

    Statutory nuisances
    Although there is no exact legal definition of a statutory nuisance; for action to be taken, the nuisance complained of must be, or be likely to become, prejudicial to people’s health or interfere with a person's legitimate use and enjoyment of land. This particularly applies to nuisance to neighbours in their homes and gardens. The Environmental Protection Act 1990 and the Public Health Act 1936 lay down certain types of nuisances for which there is a statutory remedy. These include:

    smoke and fumes
    dust
    steam and smells
    piles of rubbish
    animals
    noise
    polluted water (although this is now best dealt with via the Environment Agency)
    If somebody complains to their local council about a statutory nuisance the council must investigate and if necessary serve an abatement notice.

    What else is a nuisance?
    Unfortunately, for non-statutory nuisance the law does not define exactly what is and what is not a nuisance. Furthermore, two people might both consider that the other is creating a nuisance. Who is right? Although a court would be the only sure way to find out, the manager on the ground might need a quick decision. The test of reasonableness can be applied. Just because someone complains of a nuisance this does not mean that there necessarily is one. E.g. if a neighbour complains that Rangers are lighting a bonfire and blowing smoke into his garden, if it is a small amount of smoke for a relatively short time, it is probably not a nuisance as he could reasonably expect them to produce a small amount of smoke going about their legitimate business. On the other hand, if the bonfire burns for weeks producing lots of smoke, then quite possibly it is a nuisance. It might also depend on whether there have been regular bonfires at the same spot in the past. In any case, for practical purposes nuisance is a matter of subjective judgement, which means that if you are in doubt and if the problem is serious enough it is best to let the Environmental Health Officers from your local council, or a solicitor decide.

    Examples of possible nuisances:
    Noisy radios
    Throwing stones
    Model aeroplanes
    Urinating in public
    Shouting or singing
    Offensive language
    Forechecking is overrated.

  9. #9
    NIMBY asshatterer Plus Richmond Jake's avatar
    Registered
    Aug 2001
    Location
    Jukin' City
    Posts
    16,638
    Quote Originally posted by CCMNUT39
    .....[snip]
    Examples of possible nuisances:
    Noisy radios
    Throwing stones
    Model aeroplanes
    Urinating in public
    Shouting or singing
    Offensive language
    I didn't know that. I guess I've been a nuisance to my neighborhoods all my life....especially the stones and urinating things. But not the singing, I have voice of gold.

  10. #10
    Cyburbian Plus Zoning Goddess's avatar
    Registered
    Sep 1999
    Location
    400 miles from Orlando
    Posts
    13,778
    Quote Originally posted by RichmondJake
    I didn't know that. I guess I've been a nuisance to my neighborhoods all my life....especially the stones and urinating things. But not the singing, I have voice of gold.
    Hey, public nuisance, thanks for keeping it under control during the Tallahassee lae-fest!

    Public nuisance is when it interferes with My life! Bands, OK. Music, OK. On a school night at 11 p.m. or after 6 hours of thump, thump, thump; it's a nuisance.

  11. #11
    NIMBY asshatterer Plus Richmond Jake's avatar
    Registered
    Aug 2001
    Location
    Jukin' City
    Posts
    16,638
    Quote Originally posted by Zoning Goddess
    Hey, public nuisance, thanks for keeping it under control during the Tallahassee lae-fest!.....after 6 hours of thump, thump, thump; it's a nuisance.
    You're welcome. 6 hours of thump? Probably need a medical alert bracelet or something....ahhh, I better not go any further.

+ Reply to thread

More at Cyburbia

  1. Enforcement Nuisance property ordinances
    Land Use and Zoning
    Replies: 2
    Last post: 17 Jun 2013, 1:43 PM
  2. Nuisance trees in Central Texas
    Design, Space, and Place
    Replies: 17
    Last post: 24 Feb 2009, 11:21 AM
  3. Replies: 7
    Last post: 13 Nov 2006, 11:51 AM
  4. Replies: 5
    Last post: 06 Oct 2003, 3:32 PM
  5. Parking Nuisance parking ordinance
    Land Use and Zoning
    Replies: 5
    Last post: 01 May 2003, 5:57 PM