Legal Definitions - public nuisance

A public nuisance refers to an activity or condition that unreasonably interferes with a right shared by the general public. This means it affects a significant number of people in a community or neighborhood, rather than just one or a few individuals. Such interference can impact public health, safety, peace, comfort, or the ability to use public spaces and resources.

Here are some examples to illustrate this concept:

• Loud, Persistent Noise from a Commercial Operation: Imagine a new outdoor concert venue that operates several nights a week, playing extremely loud music until the early hours of the morning. The constant noise and vibrations disrupt sleep and peace for hundreds of residents in nearby homes and apartment buildings.

  Explanation: This constitutes a public nuisance because the excessive, ongoing noise unreasonably interferes with the right of a "considerable number of persons" (the residents) to the comfortable enjoyment of their homes and their ability to sleep, impacting their health and well-being.

• Obstruction of Public Access: Consider a construction company that regularly leaves its large equipment, building materials, and poorly secured trenches on a public sidewalk and bike lane for extended periods during business hours. This forces pedestrians and cyclists to dangerously enter a busy street to pass, creating a hazard for both themselves and drivers.

  Explanation: This is a public nuisance because it unlawfully obstructs the "free passage or use" of a public sidewalk and bike lane, which are rights common to all members of the public. It also creates a safety hazard for a "considerable number of persons" who rely on these public thoroughfares.

• Widespread Unpleasant Odor: A commercial composting facility begins operating near a residential area, and due to improper management, it consistently releases strong, foul-smelling odors that drift over the adjacent town for months. This makes it impossible for residents to enjoy their outdoor spaces, open windows, or participate in community activities without significant discomfort.

  Explanation: This situation qualifies as a public nuisance because the pervasive, offensive odor is "offensive to the senses" and interferes with the "comfortable enjoyment of life or property" for "an entire community or neighborhood." It impacts their ability to use and enjoy their environment due to the unreasonable condition created by the facility.