A. Public Nuisances:
1. A "public nuisance" is one which affects, at the same time, an entire community, neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon the individuals may be unequal.
2. The possible remedies against a public nuisance are:
a. Prosecution on complaint before the municipal court;
b. Prosecution of information or indictment before another appropriate court;
c. Civil action; and
d. Abatement:
(1) By the person injured; or
(2) By the city, in accordance with state law or ordinance.
3. No lapse of time can legalize a public nuisance amounting to an actual obstruction of public right. (1985 Code § 12-5)
B. Private Nuisances:
1. Every nuisance not included in subsection A of this section is a "private nuisance".
2. The possible remedies against a private nuisance are:
a. Civil action; and
b. Abatement:
(1) By the person injured; or
(2) By the city, in accordance with state law or ordinance. (1985 Code § 12-6)