8-301: NUISANCE DEFINED; PUBLIC NUISANCES; PRIVATE NUISANCES 1 :
   A.   A "nuisance" is unlawfully doing an act, or omitting to perform a duty, or is any thing or condition which either:
      1.   Annoys, injures or endangers the comfort, repose, health or safety of others;
      2.   Offends decency;
      3.   Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake or navigable river, stream, canal or basin, or any public park, square, street or other public property; or
      4.   In any way renders other persons insecure in life or in the use of property.
Provided, however, this definition shall not apply to preexisting agricultural activities. (1985 Code; amd. 2015 Code)
   B.   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 the individuals may be unequal.
   C.   Every nuisance not included in subsection B of this section is a private nuisance. (1985 Code)

 

Notes

1
1. 50 OS § 1 et seq.