What is the legal definition of “public nuisance” in a municipality?
In Oklahoma, public nuisances are defined as a condition that either interferes with the public’s health, safety, or comfort. This may be caused by the actions of an individual such as a disorderly conduct, by an inanimate object such as an illegally-placed billboard, or by an animal such as a wild roaming one. Public nuisances can also be created through the use of property when it’s done in a way that will be detrimental to the public. The Oklahoma Supreme Court has defined it as "That which annoys the community, endangers the health, or is offensive to the senses; or that which obstructs the free use of property so as to essentially interfere with the comfortable enjoyment of life and property.” In short, a nuisance is any act, involvement or presence of something that interferes with the public’s health, safety, or comfort. Under Oklahoma law, a public nuisance can be both criminal and civil. This means that a person can be charged criminally for creating a public nuisance and held liable in a civil court if someone is harmed by the nuisance. For example, a person can face criminal charges for littering if enough evidence exists to prove it, and then be sued in civil court by someone who has suffered a financial loss as a result of the person’s littering.
Related FAQs
What is the authority of a municipal election board?What is the procedure for obtaining a permit for a parade in a municipality?
What are the penalties for violating municipal traffic laws?
What are the standards for construction in a municipality?
What are the steps involved in the issuance of a municipal ordinance?
What are the procedures for establishing a municipal fiscal year?
What is the procedure for challenging a municipal ordinance or regulation?
What is the process of settling a municipal dispute?
What is the role of the municipal zoning board?
What is the scope of a zoning or land use ordinance?
Related Blog Posts
The Basics of Municipal Law: What All Citizens Should Know - July 31, 2023An Overview of State and Local Laws in Your Municipality - August 7, 2023
Ensure Compliance with Local Laws: What To Look For - August 14, 2023
What You Need to Know Before Applying for a Building Permit - August 21, 2023
Understanding Tax Laws and Collecting Revenues in Your Municipality - August 28, 2023