Part 3NUISANCE
Section § 3479
This law defines a nuisance as anything harmful to health or offensive, like illegal drug sales or obstructions that block access to property or public areas. It ensures people can enjoy their homes and use public spaces like lakes, streets, or parks without unlawful interference.
Section § 3481
If something is a nuisance but doesn't fit the previous definition of a public nuisance, it's considered a private nuisance.
Section § 3482
Section § 3482.1
This law is about sport shooting ranges in California and how they relate to noise complaints. If a range was following local noise laws when it first started or there weren’t any such laws, they can't be sued for being too noisy now. The same goes for nuisance claims—no one can stop these ranges based on noise. However, the law does allow for regulating new ranges after its enactment. Existing ranges can continue even if new laws are tougher, as long as they haven't changed significantly. Local agencies can require nighttime shooting ranges to keep noise down to normal street levels and encourage them to use natural barriers to reduce noise. Indoor ranges and certain law enforcement training ranges are not covered by this law.
Section § 3482.5
This law in California protects agricultural activities from being considered a nuisance, whether private or public, due to changes in the surrounding area if they've been operational for more than three years without being a nuisance initially. However, this protection does not apply if these activities obstruct public spaces or contradict certain existing health, safety, or environmental laws. The law also allows local governments to inform potential homeowners if they are buying properties near these agricultural activities. Agricultural operations include a wide range of activities like farming, livestock raising, and forestry activities.
Section § 3482.6
If a business involved in agricultural processing has been running continuously for more than three years and followed proper customs, it can't be called a nuisance just because the area around it changes. However, if the business significantly increases its operations after January 1, 1993, actions can be taken if the increase has a big environmental impact. If these increased activities have been ongoing for over three years, there's an assumption that they aren't substantial unless proven otherwise. This rule generally overrules local laws unless those laws are tied to certain environmental regulations. Lastly, the law clarifies that any ongoing legal matters before 1993 aren't affected by this rule.
Section § 3482.8
This law states that any building or property used for illegal dogfighting or cockfighting activities is considered a public nuisance, meaning it disrupts the community and can be subject to legal action.
Section § 3483
If you buy property and the previous owner left a nuisance, like something that annoys or harms others, you have to fix it. If you don't, you're just as responsible as the person who caused the problem in the first place.
Section § 3484
This law means that just because a nuisance is stopped or removed, it doesn't affect a person’s right to seek compensation for any harm or inconvenience they experienced while the nuisance existed.
Section § 3486
This law is about removing tenants involved in illegal drug activities from properties in Los Angeles. If someone's arrested for drug activity on the property, the city prosecutor or attorney can force the landlord to evict them. First, the landlord gets a 30-day notice to act. If the landlord doesn't follow through, the city can step in, take over the case, and possibly evict the tenant. The tenant gets notified, and if they disagree, they can provide reasons like incorrect identification or not living with the accused. The court can order full or partial evictions based on the situation. This law primarily affects Los Angeles County and became operative in 2014, following specific reporting criteria.
Section § 3490
You can't make a public nuisance acceptable just because it has been there for a long time if it blocks public rights.
Section § 3491
If there is a public nuisance, you can address it in three main ways: criminal charges, a civil lawsuit, or by removing the problem directly (called abatement).
Section § 3492
This law says that if someone is accused of a crime, the process of formally charging them – either through an indictment or information – follows the rules set out in the Penal Code.
Section § 3493
If something that bothers the general public causes you a special harm that's different from everyone else, you can take legal action. Otherwise, you can't.
Section § 3494
If something is causing harm or disturbance to the public, a government agency or official who has the legal power can take action to stop it.
Section § 3494.5
In California, if a property owner voluntarily takes part in a lead paint abatement program, they, along with public entities, are protected from being sued to recover costs related to the program. Simply applying or completing actions for such a program counts as participating. Participation doesn't imply the property is a nuisance or substandard. This protection doesn't change the owner's responsibility to maintain their property or limit tenant rights if lead paint is present. This law also defines terms like lead paint abatement programs and responsible parties.
Section § 3495
If something in your area is causing you harm and is considered a public nuisance, you are allowed to deal with it by getting rid of it, as long as you don't break any laws or cause more harm than needed to fix the problem.
Section § 3496
If a governmental agency goes to court to stop certain activities, and they win, the court can make the losing side pay for some of the costs involved, like investigation fees and reasonable lawyer fees. This applies to cases involving the sale or showing of obscene material, illegal gambling, prostitution, human trafficking, the unlawful use of buildings for these activities, or the illegal handling of drugs and alcohol.
Section § 3501
If someone is causing a private nuisance, which is an unreasonable interference with your use or enjoyment of your property, you have two ways to address it: you can file a lawsuit, or you can take steps to directly stop the nuisance.
Section § 3502
If something on someone's property is seriously bothering you, you have the right to get rid of it if it's causing you harm. However, you must do this calmly without starting a fight or causing more damage than needed.
Section § 3503
If a problem on someone else's land is bothering you, and this problem is due to the landowner's failure to act (like ignoring a mess), you can't go onto their property to fix it without first giving them reasonable warning.
Section § 3504
This section defines some key terms used in a specific legal title. "Animal" includes birds, mammals, amphibians, and reptiles but not fish or insects. A "motion picture" refers to films shown in theatres or on television for profit, excluding those for educational or scientific purposes or home movies shown for free. Lastly, "person" encompasses a wide range of entities like individuals, businesses, and groups.
Section § 3505
This law states that showing a movie where animals or humans were intentionally killed or treated cruelly during its production is considered a public nuisance. Such movies can be legally stopped and prevented from being shown. The terms 'killing' and 'cruelty' refer to acts that cause severe injuries or death and are extremely offensive by current social standards, except when a person consented to the act. When figuring out if something's offensive, the law considers things like how bad the injury is and how it's shown in the movie. Even if only part of the movie includes such acts, the whole movie can be blocked from being shown because these actions are unnecessary and harmful.
Section § 3506
This law states that if there is a reasonable belief that a nuisance is being maintained, such as cruelty or harm to people or animals during the making of a motion picture, the district attorney or Attorney General must take legal action to stop it. They can prevent those responsible for the nuisance, including property owners or managers, from continuing it. To begin legal action, there must be evidence of wrongdoing outside just the content of the film itself.
Section § 3507
If a lawsuit is started to stop something that's claimed to be a nuisance, like showing a certain movie, there has to be a full trial. If the court decides the movie is indeed a nuisance, it will order a permanent stop to its showing. However, the court can't issue any temporary orders to stop the movie while the trial is happening. You can appeal a permanent stop order, and the court might pause the order while you appeal. But, if the court decides not to stop the movie, you can't appeal that decision.
Section § 3507.1
If someone wants to prove that showing a specific movie is a nuisance, the district attorney or Attorney General must provide strong, clear evidence beyond just the movie itself. They need to show that the alleged actions really happened during the film's production.
Section § 3507.2
Section § 3507.3
If someone breaks a specific court order or injunction related to this law, they can be punished by paying a fine between $200 and $1,000 for contempt of court.
Section § 3507.4
If a motion picture distributor and producer are involved in a lawsuit about a film, they are both responsible for any damages and legal costs if proven liable. They must also help provide any needed information for the defense. Additionally, exhibitors don't have to honor contracts requiring them to show or advertise a film if it's legally declared a nuisance after a lawsuit is filed.
Section § 3508
This law outlines exceptions where specific rules related to movie content, particularly involving animal cruelty or killing, do not apply. The exceptions include documentaries or films not made with the intent of harming animals, films made before 1979, edited films to remove offensive content, activities authorized by Fish and Game laws, scenes filmed legally in other jurisdictions, and movies with verified statements that no intentional cruelty occurred. Additionally, if following this law conflicts with federal television broadcasting rules, the law doesn't apply.
Section § 3508.1
If a producer intentionally lies or makes someone else lie about information in certain statements required by an earlier section, they are committing a misdemeanor, which is a type of crime.
Section § 3508.2
This law says that if any part of this title is found to be invalid or doesn't apply to a person or situation, it doesn't affect the rest of the title. Basically, the rest of the law still stands and works even if one part fails. The sections of this title are designed to operate independently.
Section § [3480.]
This law describes a public nuisance as something that bothers or harms a whole community or neighborhood, or a large group of people, even if the inconvenience or harm is not the same for every individual.