In this article, Durrett & Kersting Law, PLLC—conveniently located in Louisville, Kentucky—is here to provide you with some insight into what constitutes a public nuisance crime so that you can be fully informed on the topic. We proudly serve clients in Kentucky and Southern Indiana. Contact us today to learn more!
An omission or act that damages, inconveniences, or obstructs the rights of the community is deemed public nuisance. It is an umbrella term that is used to cover an assortment of minor crime violations that jeopardize the safety, comfort, health, morals, convenience, or welfare of society. The action must interfere with the public as a whole, not simply a group of citizens or a single person. Those found committing a public nuisance may face punishment by paying a fine, serving a criminal sentence, or in some circumstances, both. The defendant can also be ordered to eliminate the disturbance or be held responsible for the cost of removal.
Public intoxication is one of the crimes considered a public nuisance. This law applies to instances where the person is under the influence of alcohol, an illegal drug, an intoxicant or a controlled substance. The violator must also be in public place that is open to the general public; this includes sidewalks, parks, stadiums, and streets. Depending on the state, bars and restaurants can be considered a public space as they are accessible to the community. Those trespassing on private property can be charged in certain states, as the individual does not have the permission of the owner to be there. The defendant must also be creating a commotion, such as performing property damage or posing a threat to their safety.
Activity that is likely to provoke a non-peaceful event is charged as disorderly conduct. The behavior is viewed a public nuisance, and it is one of the most common criminal violations. Any type of physical altercation, fight, or brawl can be classified as such. Those participating in disruptive protests can be charged with disorderly conduct. Protests such as sit-in demonstrations can be breaking the law if the people are blocking the flow of traffic, sidewalks or otherwise causing obstructions. Engagement in conduct that should be reserved for private places, such as urination, can be constituted as disorderly conduct as well.
The illegal disposal of waste is another public nuisance, and the problem is escalating. This occurs when a large volume of waste is dumped on public or private property that is not licensed to accept the waste. The owner of the property can also be charged for allowing someone to dump the waste on their land, if they are not licensed to receive such waste. The issue also arises when an individual discards of waste in waterways or sewers, without obtaining the proper permit beforehand.
Other public nuisance examples include shooting fireworks in the streets, harboring a vicious pet or diseased animal, illegal liquor establishments, gaming houses, and houses of prostitution.
At Durrett &Kersting Law, PLLC, we have experience representing clients in many legal areas, including criminal law, family law, and personal injury. We understand the stress placed on clients when dealing with legal proceedings, which is why we put an enormous amount of effort into every case in order resolve your concerns and achieve a favorable outcome. We are located in Louisville, KY to proudly serve clients throughout Kentucky and Southern Indiana. Contact us today for a case consultation.
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At Durrett & Kersting, PLLC, Attorneys at Law, we help Kentucky and Indiana families and individuals make wise legal decisions in all aspects of thier lives.
Our attorneys and staff have more than 25 years of combined legal experience which allows us to confidently explain all aspects of your case to you, including the pros and cons and potential outcomes. We show you genuine compassion while we rigorously work to resolve your issues and concerns.
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