What is the legal definition of “public nuisance” in a municipality?
In Arizona, the legal definition of “public nuisance” in a municipality is defined by Arizona Revised Statutes (ARS) 13-2901. It states that “public nuisance” includes any act or omission that produces an inconvenience to the public or affects the public health, safety, comfort, or convenience, or causes damage to public or private property. In addition, it is defined as any act or failure to act which unreasonably interferes with the use of land or public right of way, or unlawfully obstructs or renders dangerous for passage a public highway or the public use of waters. Examples of public nuisances include driving a vehicle on a public sidewalk, shooting off fireworks in a residential area, blocking a public walkway with construction materials, or permitting a property to become overgrown with vegetation in such a way that it blocks a public right-of-way. In general, a public nuisance is anything that causes harm or inconvenience to a large number of people. In most cases, the local government or municipality will have the power to abate the nuisance and bring it into compliance with the law. This may be done through a civil action or by criminal prosecution. Additionally, a municipality may impose fines or other sanctions to discourage future violations of this law. Ultimately, it is important for citizens to be aware of their local laws and regulations, as they can be held liable for any violations of public nuisance laws.
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