Section § 3479

Explanation

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.

Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance.

Section § 3481

Explanation

If something is a nuisance but doesn't fit the previous definition of a public nuisance, it's considered a private nuisance.

Every nuisance not included in the definition of the last section is private.

Section § 3482

Explanation
If something is done and authorized explicitly by a law, it cannot be considered a nuisance.
Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance.

Section § 3482.1

Explanation

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.

(a)CA Civil Law Code § 3482.1(a) As used in this section:
(1)CA Civil Law Code § 3482.1(a)(1) “Person” means an individual, proprietorship, partnership, corporation, club, or other legal entity.
(2)CA Civil Law Code § 3482.1(a)(2) “Sport shooting range” or “range” means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport or law enforcement training purpose.
(3)CA Civil Law Code § 3482.1(a)(3) “Indoor shooting range” means a totally enclosed facility designed to offer a totally controlled shooting environment that includes impenetrable walls, floor and ceiling, adequate ventilation and lighting systems, and acoustical treatment for sound attenuation suitable for the range’s approved use.
(4)CA Civil Law Code § 3482.1(a)(4) “Nighttime” means between the hours of 10 p.m. and 7 a.m.
(b)Copy CA Civil Law Code § 3482.1(b)
(1)Copy CA Civil Law Code § 3482.1(b)(1) Except as provided in subdivision (f), a person who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution resulting from the operation or use of the range if the range is in compliance with any noise control laws or ordinances that applied to the range and its operation at the time construction or operation of the range was approved by a local public entity having jurisdiction in the matter, or if there were no such laws or ordinances that applied to the range and its operation at that time.
(2)CA Civil Law Code § 3482.1(b)(2) Except as provided in subdivision (f), a person who operates or uses a sport shooting range or law enforcement training range is not subject to an action for nuisance, and a court shall not enjoin the use or operation of a range, on the basis of noise or noise pollution if the range is in compliance with any noise control laws or ordinances that applied to the range and its operation at the time construction or operation of the range was approved by a local public entity having jurisdiction in the matter, or if there were no such laws or ordinances that applied to the range and its operation at that time.
(3)CA Civil Law Code § 3482.1(b)(3) Rules or regulations adopted by any state department or agency for limiting levels of noise in terms of decibel level which may occur in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this section.
(c)CA Civil Law Code § 3482.1(c) A person who acquires title to or who owns real property adversely affected by the use of property with a permanently located and improved sport shooting range may not maintain a nuisance action with respect to noise or noise pollution against the person who owns the range to restrain, enjoin, or impede the use of the range where there has been no substantial change in the nature or use of the range. This section does not prohibit actions for negligence or recklessness in the operation of the range or by a person using the range.
(d)CA Civil Law Code § 3482.1(d) A sport shooting range that is in operation and not in violation of existing law at the time of the enactment of an ordinance described in subdivision (b) shall be permitted to continue in operation even if the operation of the sport shooting range at a later date does not conform to a new ordinance or an amendment to an existing ordinance if there has been no substantial change in the nature or use of the range. Nothing in this section shall be construed to limit the authority of a local agency to enforce any term of a conditional use permit.
(e)CA Civil Law Code § 3482.1(e) Except as otherwise provided in this section, this section does not prohibit a local public entity having jurisdiction in the matter from regulating the location and construction of a sport shooting range after the effective date of this section.
(f)CA Civil Law Code § 3482.1(f) This section does not prohibit a local public entity having jurisdiction in the matter from requiring that noise levels at the nearest residential property line to a range not exceed the level of normal city street noise which shall not be more than 60 decibels for nighttime shooting. The subdivision does not abrogate any existing local standards for nighttime shooting. The operator of a sport shooting range shall not unreasonably refuse to use trees, shrubs, or barriers, when appropriate, to mitigate the noise generated by nighttime shooting. For the purpose of this section, a reasonable effort to mitigate is an action that can be accomplished in a manner and at a cost that does not impose an unreasonable financial burden upon the operator of the range.
(g)CA Civil Law Code § 3482.1(g) This section does not apply to indoor shooting ranges.
(h)CA Civil Law Code § 3482.1(h) This section does not apply to a range in existence prior to January 1, 1998, that is operated for law enforcement training purposes by a county of the sixth class if the range is located without the boundaries of that county and within the boundaries of another county. This subdivision shall become operative on July 1, 1999.

Section § 3482.5

Explanation

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.

(a)Copy CA Civil Law Code § 3482.5(a)
(1)Copy CA Civil Law Code § 3482.5(a)(1) No agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after it has been in operation for more than three years if it was not a nuisance at the time it began.
(2)CA Civil Law Code § 3482.5(a)(2) No activity of a district agricultural association that is operated in compliance with Division 3 (commencing with Section 3001) of the Food and Agricultural Code, shall be or become a private or public nuisance due to any changed condition in or about the locality, after it has been in operation for more than three years if it was not a nuisance at the time it began. This paragraph shall not apply to any activities of the 52nd District Agricultural Association that are conducted on the grounds of the California Exposition and State Fair, nor to any public nuisance action brought by a city, county, or city and county alleging that the activities, operations, or conditions of a district agricultural association have substantially changed after more than three years from the time that the activities, operations, or conditions began.
(b)CA Civil Law Code § 3482.5(b) Paragraph (1) of subdivision (a) shall not apply if the agricultural activity, operation, or facility, or appurtenances thereof obstruct the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin, or any public park, square, street, or highway.
(c)CA Civil Law Code § 3482.5(c) Paragraph (1) of subdivision (a) shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code, if the agricultural activity, operation, or facility, or appurtenances thereof constitute a nuisance, public or private, as specifically defined or described in any of those provisions.
(d)CA Civil Law Code § 3482.5(d) This section shall prevail over any contrary provision of any ordinance or regulation of any city, county, city and county, or other political subdivision of the state. However, nothing in this section shall preclude a city, county, city and county, or other political subdivision of this state, acting within its constitutional or statutory authority and not in conflict with other provisions of state law, from adopting an ordinance that allows notification to a prospective homeowner that the dwelling is in close proximity to an agricultural activity, operation, facility, or appurtenances thereof and is subject to the provisions of this section consistent with Section 1102.6a.
(e)CA Civil Law Code § 3482.5(e) For purposes of this section, the term “agricultural activity, operation, or facility, or appurtenances thereof” shall include, but not be limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural commodity including timber, viticulture, apiculture, or horticulture, the raising of livestock, fur bearing animals, fish, or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with those farming operations, including preparation for market, delivery to storage or to market, or delivery to carriers for transportation to market.

Section § 3482.6

Explanation

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.

(a)CA Civil Law Code § 3482.6(a) No agricultural processing activity, operation, facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent with proper and accepted customs and standards, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after it has been in continuous operation for more than three years if it was not a nuisance at the time it began.
(b)CA Civil Law Code § 3482.6(b) If an agricultural processing activity, operation, facility, or appurtenances thereof substantially increases its activities or operations after January 1, 1993, then a public or private nuisance action may be brought with respect to those increases in activities or operations that have a significant effect on the environment. For increases in activities or operations that have been in effect more than three years, there is a rebuttable presumption affecting the burden of producing evidence that the increase was not substantial.
(c)CA Civil Law Code § 3482.6(c) This section does not supersede any other provision of law, except other provisions of this part, if the agricultural processing activity, operation, facility, or appurtenances thereof, constitute a nuisance, public or private, as specifically defined or described in the provision.
(d)CA Civil Law Code § 3482.6(d) This section prevails over any contrary provision of any ordinance or regulation of any city, county, city and county, or other political subdivision of the state, except regulations adopted pursuant to Section 41700 of the Health and Safety Code as applied to agricultural processing activities, operations, facilities, or appurtenances thereof that are surrounded by housing or commercial development on January 1, 1993. However, nothing in this section precludes a city, county, city and county, or other political subdivision of this state, acting within its constitutional or statutory authority and not in conflict with other provisions of state law, from adopting an ordinance that allows notification to a prospective homeowner that the dwelling is in close proximity to an agricultural processing activity, operation, facility, or appurtenances thereof and is subject to provisions of this section consistent with Section 1102.6a.
(e)CA Civil Law Code § 3482.6(e) For the purposes of this section, the following definitions apply:
(1)CA Civil Law Code § 3482.6(e)(1) “Agricultural processing activity, operation, facility, or appurtenances thereof” includes, but is not limited to rendering plants licensed pursuant to Section 19300 of the Food and Agricultural Code and collection centers licensed pursuant to Section 19300.5 of the Food and Agricultural Code, the canning or freezing of agricultural products, the processing of dairy products, the production and bottling of beer and wine, the processing of meat and egg products, the drying of fruits and grains, the packing and cooling of fruits and vegetables, and the storage or warehousing of any agricultural products, and includes processing for wholesale or retail markets of agricultural products.
(2)CA Civil Law Code § 3482.6(e)(2) “Continuous operation” means at least 30 days of agricultural processing operations per year.
(3)CA Civil Law Code § 3482.6(e)(3) “Proper and accepted customs and standards” means the compliance with all applicable state and federal statutes and regulations governing the operation of the agricultural processing activity, operation, facility, or appurtenances thereof with respect to the condition or effect alleged to be a nuisance.
(f)CA Civil Law Code § 3482.6(f) This section does not apply to any litigation pending or cause of action accruing prior to January 1, 1993.

Section § 3482.8

Explanation

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.

Any building or property used for the purpose of willfully conducting dogfighting in violation of Section 597.5 of the Penal Code or cockfighting in violation of subdivision (b) of Section 597b of the Penal Code is a public nuisance.

Section § 3483

Explanation

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.

Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of, such property, created by a former owner, is liable therefor in the same manner as the one who first created it.

Section § 3484

Explanation

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.

The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence.

Section § 3486

Explanation

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.

(a)CA Civil Law Code § 3486(a) To abate the nuisance caused by illegal conduct involving a controlled substance purpose on real property, the city prosecutor or city attorney may file, in the name of the people, an action for unlawful detainer against any person who is in violation of the nuisance or illegal purpose provisions of subdivision 4 of Section 1161 of the Code of Civil Procedure, with respect to that controlled substance purpose. In filing this action, which shall be based upon an arrest report by a law enforcement agency, reporting an offense committed on the property and documented by the observations of a police officer, the city prosecutor or city attorney shall use the procedures set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure, except that in cases filed under this section, the following also shall apply:
(1)Copy CA Civil Law Code § 3486(a)(1)
(A)Copy CA Civil Law Code § 3486(a)(1)(A) Prior to filing an action pursuant to this section, the city prosecutor or city attorney shall give 30 calendar days’ written notice to the owner, requiring the owner to file an action for the removal of the person who is in violation of the nuisance or illegal purpose provisions of subdivision 4 of Section 1161 of the Code of Civil Procedure with respect to a controlled substance purpose.
(B)CA Civil Law Code § 3486(a)(1)(A)(B) This notice shall include sufficient documentation establishing a violation of the nuisance or illegal purpose provisions of subdivision 4 of Section 1161 of the Code of Civil Procedure and an advisement to the owner of the assignment provision contained in subparagraph (D). The notice shall be served upon the owner and the tenant in accordance with subdivision (e).
(C)CA Civil Law Code § 3486(a)(1)(A)(C) The notice to the tenant shall, in at least 14-point bold type, meet the following requirements:
(i)CA Civil Law Code § 3486(i) The notice shall contain the following language:
“(Date)
(Name of tenant)
(Address of tenant)
Re: Civil Code Section 3486
Dear (name of tenant):
This letter is to inform you that an eviction action may soon be filed in court against you for suspected drug activity. According to state law, Civil Code Section 3486 provides for eviction of persons engaging in such conduct, as described below.
(Name of police department) records indicate that you, (name of arrestee), were arrested on (date) for violations of (list violations) on (address of property).
A letter has been sent to the property owner(s) advising of your arrest and the requirements of state law, as well as the landlord’s option to assign the unlawful detainer action to the (name of city attorney or prosecutor’s office).
A list of legal assistance providers is provided below. Please note, this list is not exclusive and is provided for your information only; the (name of city attorney or prosecutor’s office) does not endorse or recommend any of the listed agencies.
Sincerely,
(Name of deputy city attorney or city prosecutor)
Deputy City (Attorney or Prosecutor)
Notice to Tenant: This notice is not a notice of eviction. You should call (name of the city attorney or prosecutor pursuing the action) at (telephone number) or a legal assistance provider to stop the eviction action if any of the following is applicable:
(1)CA Civil Law Code § 3486(1) You are not the person named in this notice.
(2)CA Civil Law Code § 3486(2) The person named in the notice does not live with you.
(3)CA Civil Law Code § 3486(3) The person named in the notice has permanently moved.
(4)CA Civil Law Code § 3486(4) You do not know the person named in the notice.
(5)CA Civil Law Code § 3486(5) You want to request that only the person involved in the nuisance be evicted, allowing the other residents to stay.
(6)CA Civil Law Code § 3486(6) You have any other legal defense or legal reason to stop the eviction action.
A list of legal assistance providers is attached to this notice. Some provide free legal assistance if you are eligible.”
(ii)CA Civil Law Code § 3486(ii) The notice shall be provided to the tenant in English and, as translated, in all of the languages identified in subdivision (a) of Section 1632 of the Civil Code.
(D)CA Civil Law Code § 3486(D) The owner shall, within 30 calendar days of the mailing of the written notice, either provide the city prosecutor or city attorney with all relevant information pertaining to the unlawful detainer case, or provide a written explanation setting forth any safety-related reasons for noncompliance, and an assignment to the city prosecutor or city attorney of the right to bring an unlawful detainer action against the tenant.
(E)CA Civil Law Code § 3486(E) The assignment shall be on a form provided by the city prosecutor or city attorney and may contain a provision for costs of investigation, discovery, and reasonable attorney’s fees, in an amount not to exceed six hundred dollars ($600). An owner shall only be required to pay the costs or fees upon acceptance of the assignment and the filing of the action for unlawful detainer by the city prosecutor or city attorney.
(F)CA Civil Law Code § 3486(F) If the city prosecutor or city attorney accepts the assignment of the right of the owner to bring the unlawful detainer action, the owner shall retain all other rights and duties, including the handling of the tenant’s personal property, following issuance of the writ of possession and its delivery to and execution by the appropriate agency.
(2)CA Civil Law Code § 3486(2) Upon the failure of the owner to file an action pursuant to this section, or to respond to the city prosecutor or city attorney as provided in paragraph (1), or having filed an action, if the owner fails to prosecute it diligently and in good faith, the city prosecutor or city attorney may file and prosecute the action, and join the owner as a defendant in the action. This action shall have precedence over any similar proceeding thereafter brought by the owner, or to one previously brought by the owner and not prosecuted diligently and in good faith. Service of the summons and complaint upon the defendant owner shall be in accordance with Sections 415.10, 415.20, 415.30, 415.40, and 415.50 of the Code of Civil Procedure.
(3)CA Civil Law Code § 3486(3) If a jury or court finds the defendant tenant guilty of unlawful detainer in a case filed pursuant to paragraph (2), the city prosecutor or city attorney may be awarded costs, including the costs of investigation and discovery and reasonable attorney’s fees. These costs shall be assessed against the defendant owner, to whom notice was directed pursuant to paragraph (1), and once an abstract of judgment is recorded, it shall constitute a lien on the subject real property.
(4)CA Civil Law Code § 3486(4) This section does not prevent a local governing body from adopting and enforcing laws, consistent with this article, relating to drug abatement. If local laws duplicate or supplement this section, this section shall be construed as providing alternative remedies and not preempting the field.
(5)CA Civil Law Code § 3486(5) This section does not prevent a tenant from receiving relief against a forfeiture of a lease pursuant to Section 1179 of the Code of Civil Procedure.
(b)CA Civil Law Code § 3486(b) In any proceeding brought under this section, the court may, upon a showing of good cause, issue a partial eviction ordering the removal of any person, including, but not limited to, members of the tenant’s household if the court finds that the person has engaged in the activities described in subdivision (a). Persons removed pursuant to this section may be permanently barred from returning to or reentering any portion of the entire premises. The court may further order as an express condition of the tenancy that the remaining tenants shall not give permission to or invite any person who has been removed pursuant to this subdivision to return to or reenter any portion of the entire premises.
(c)CA Civil Law Code § 3486(c) For the purposes of this section, “controlled substance purpose” means the manufacture, cultivation, importation into the state, transportation, possession, possession for sale, sale, furnishing, administering, or giving away, or providing a place to use or fortification of a place involving, cocaine, phencyclidine, heroin, methamphetamine, or any other controlled substance, in a violation of subdivision (a) of Section 11350, Section 11351, 11351.5, 11352, or 11359, subdivision (a) of Section 11360, or Section 11366, 11366.6, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, or 11383 of the Health and Safety Code.
(d)CA Civil Law Code § 3486(d) Notwithstanding subdivision (b) of Section 68097.2 of the Government Code, a public entity may waive all or part of the costs incurred in furnishing the testimony of a peace officer in an unlawful detainer action brought pursuant to this section.
(e)CA Civil Law Code § 3486(e) The notice and documentation described in paragraph (1) of subdivision (a) shall be given in writing and may be given either by personal delivery or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the owner at the address known to the public entity giving the notice, or as shown on the last equalized assessment roll, if not known. Separate notice of not less than 30 calendar days and documentation shall be provided to the tenant in accordance with this subdivision. Service by mail shall be deemed to be completed at the time of deposit in the United States mail. Proof of giving the notice may be made by a declaration signed under penalty of perjury by any employee of the public entity which shows service in conformity with this section.
(f)CA Civil Law Code § 3486(f) In an unlawful detainer action filed pursuant to this section, the court shall make one of the following orders:
(1)CA Civil Law Code § 3486(f)(1) If the grounds for an eviction have not been established pursuant to this section, the court shall dismiss, without prejudice, the unlawful detainer action.
(2)CA Civil Law Code § 3486(f)(2) If the grounds for an eviction have been established pursuant to this section, the court shall do either of the following:
(A)CA Civil Law Code § 3486(f)(2)(A) Order that the tenant and all occupants be immediately evicted from the property.
(B)CA Civil Law Code § 3486(f)(2)(B) Dismiss the unlawful detainer action with or without prejudice or stay execution of an eviction order for a reasonable length of time if the tenant establishes by clear and convincing evidence that the immediate eviction would pose an extreme hardship to the tenant and that this hardship outweighs the health, safety, or welfare of the neighbors or surrounding community. However, the court shall not find an extreme hardship solely on the basis of an economic hardship or the financial inability of the tenant to pay for and secure other housing or lodging accommodations.
(3)CA Civil Law Code § 3486(f)(3) If the grounds for a partial eviction have been established pursuant to subdivision (b), the court shall order that those persons be immediately removed and barred from the property, but the court shall not order the tenancy be terminated.
(g)CA Civil Law Code § 3486(g) This section applies only in the County of Los Angeles to a court having jurisdiction over unlawful detainer cases involving real property situated in the City of Los Angeles.
(h)CA Civil Law Code § 3486(h) This section shall become operative on January 1, 2014, only if the City of Los Angeles has regularly reported to the California Research Bureau as required by this section as it read during the period from January 1, 2010, to January 1, 2014, inclusive. For purposes of this section, the City of Los Angeles shall be deemed to have complied with this reporting requirement if the 2013 report to the Legislature by the California Research Bureau indicates that the City of Los Angeles has regularly reported to the bureau.

Section § 3490

Explanation

You can't make a public nuisance acceptable just because it has been there for a long time if it blocks public rights.

No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right.

Section § 3491

Explanation

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).

The remedies against a public nuisance are:
1. Indictment or information;
2. A civil action; or,
3. Abatement.

Section § 3492

Explanation

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.

The remedy by indictment or information is regulated by the Penal Code.

Section § 3493

Explanation

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.

A private person may maintain an action for a public nuisance, if it is specially injurious to himself, but not otherwise.

Section § 3494

Explanation

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.

A public nuisance may be abated by any public body or officer authorized thereto by law.

Section § 3494.5

Explanation

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.

(a)Copy CA Civil Law Code § 3494.5(a)
(1)Copy CA Civil Law Code § 3494.5(a)(1) A property owner who voluntarily participates in a lead paint abatement program, and all public entities, shall be immune from liability in any lawsuit where a responsible party seeks to recover any cost associated with a lead paint abatement program from a property owner or public entity.
(2)CA Civil Law Code § 3494.5(a)(2) For purposes of this subdivision, participation in a lead paint abatement program may be as limited as submission of an application to a lead paint abatement program or as extensive as completion of all activities conducted pursuant to a lead paint abatement program.
(b)Copy CA Civil Law Code § 3494.5(b)
(1)Copy CA Civil Law Code § 3494.5(b)(1) A property owner’s participation in a lead paint abatement program shall not be evidence that the participating property is any of the following:
(A)CA Civil Law Code § 3494.5(b)(1)(A) A nuisance.
(B)CA Civil Law Code § 3494.5(b)(1)(B) Substandard under Section 17920.3 of the Health and Safety Code or is in violation of Section 17920.10 of the Health and Safety Code, to the extent that those sections apply to lead-based paint or other substandard conditions controlled utilizing program funds.
(C)CA Civil Law Code § 3494.5(b)(1)(C) Untenantable under Section 1941.1 of the Civil Code, as that section applies to lead-based paint or other conditions controlled utilizing program funds.
(2)CA Civil Law Code § 3494.5(b)(2) For the purposes of this subdivision, “participation in a lead paint abatement program” means that a property has been voluntarily enrolled in a lead paint abatement program, qualifies for inspection and services, is deemed to contain actionable lead-based paint, and has been satisfactorily abated, is in the process of being satisfactorily abated, or is awaiting abatement under the lead paint abatement program.
(c)CA Civil Law Code § 3494.5(c) For the purposes of this section:
(1)CA Civil Law Code § 3494.5(c)(1) “Lead paint abatement program” means a program that satisfies both of the following:
(A)CA Civil Law Code § 3494.5(c)(1)(A) The program is created to abate lead-based paint.
(B)CA Civil Law Code § 3494.5(c)(1)(B) The program is created as a result of a judgment or settlement in any public nuisance or similar litigation.
(2)CA Civil Law Code § 3494.5(c)(2) “Property owner” means the property owner as well as all agents or employees thereof acting within the course and scope of their agency or employment.
(3)CA Civil Law Code § 3494.5(c)(3) “Public entities” includes the state, the Regents of the University of California, the Trustees of the California State University, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the state, including any employees or agents thereof acting within the course and scope of their employment or agency.
(4)CA Civil Law Code § 3494.5(c)(4) “Responsible party” means a private party legally responsible for the inspection costs, abatement costs, or any other costs associated with a lead paint abatement program.
(d)CA Civil Law Code § 3494.5(d) This section shall not alter existing obligations on homeowners to maintain their property under applicable law or otherwise limit a tenant’s legal remedies for addressing the presence of lead paint on a dwelling.

Section § 3495

Explanation

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.

Any person may abate a public nuisance which is specially injurious to him by removing, or, if necessary, destroying the thing which constitutes the same, without committing a breach of the peace, or doing unnecessary injury.

Section § 3496

Explanation

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.

In any of the following described cases, the court may award costs, including the costs of investigation and discovery, and reasonable attorney’s fees, which are not compensated for pursuant to some other provision of law, to the prevailing party:
(a)CA Civil Law Code § 3496(a) In any case in which a governmental agency seeks to enjoin the sale, distribution, or public exhibition, for commercial consideration, of obscene matter, as defined in Section 311 of the Penal Code.
(b)CA Civil Law Code § 3496(b) In any case in which a governmental agency seeks to enjoin the use of a building or place for the purpose of illegal gambling, lewdness, assignation, human trafficking, or prostitution; or any case in which a governmental agency seeks to enjoin acts of illegal gambling, lewdness, assignation, human trafficking, or prostitution in or upon a building or place, as authorized in Article 2 (commencing with Section 11225) of Chapter 3 of Title 1 of Part 4 of the Penal Code.
(c)CA Civil Law Code § 3496(c) In any case in which a governmental agency seeks to enjoin the use of a building or place, or seeks to enjoin in or upon any building or place the unlawful sale, manufacture, service, storage, or keeping or giving away of any controlled substance, as authorized in Article 3 (commencing with Section 11570) of Chapter 10 of Division 10 of the Health and Safety Code.
(d)CA Civil Law Code § 3496(d) In any case in which a governmental agency seeks to enjoin the unlawful sale, service, storage, or keeping or giving away of alcoholic liquor, as authorized in Article 1 (commencing with Section 11200) of Chapter 3 of Title 1 of Part 4 of the Penal Code.

Section § 3501

Explanation

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.

The remedies against a private nuisance are:
1. A civil action; or,
2. Abatement.

Section § 3502

Explanation

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.

A person injured by a private nuisance may abate it by removing, or, if necessary, destroying the thing which constitutes the nuisance, without committing a breach of the peace, or doing unnecessary injury.

Section § 3503

Explanation

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.

Where a private nuisance results from a mere omission of the wrongdoer, and cannot be abated without entering upon his land, reasonable notice must be given to him before entering to abate it.

Section § 3504

Explanation

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.

As used in this title:
(a)CA Civil Law Code § 3504(a) “Animal” means any amphibian, bird, mammal or reptile. It does not include any fish or insect.
(b)CA Civil Law Code § 3504(b) “Motion picture” means any motion picture, regardless of length or content, which is exhibited in a motion picture theater to paying customers, or is exhibited on television to paying customers or under the sponsorship of a paying advertiser. It shall not include motion pictures made for scientific, research, or educational purposes, or motion pictures exhibited as home movies, or amateur films, which are shown free or at cost to friends, neighbors or civic groups.
(c)CA Civil Law Code § 3504(c) “Person” means individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees.

Section § 3505

Explanation

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.

(a)CA Civil Law Code § 3505(a) The exhibition of any motion picture, if any intentional killing of, or cruelty to, a human being or an animal is shown in the motion picture and such intentional killing of, or cruelty to, a human being or an animal actually occurred in the production of the motion picture for the purpose of such production, is a nuisance, which shall be enjoined, abated, and prevented.
(b)CA Civil Law Code § 3505(b) As used in this section, “killing” and “cruelty” mean conduct which both (1) results in the death or the infliction of any physical injury or wound, including, but not limited to, any temporary or permanent physical harm resulting from the administration of any drug or chemical, and (2) is patently offensive to the average person, applying contemporary statewide community standards. It does not include conduct committed against a human being to which the human being has given his or her consent. In determining whether conduct is patently offensive, the trier of fact may consider any or all of the following: (i) the degree or extent of the physical injury inflicted, (ii) the manner in which the injury is inflicted, (iii) the extent to which the injuring or wounding or acts resulting therein are depicted on the screen, (iv) the number of instances of infliction of injury, wound or harm occurring in the making of the motion picture, and (v) whether such conduct is lawful or unlawful under any provision of law other than this title.
(c)CA Civil Law Code § 3505(c) For the purposes of this section, it shall not be a requirement that the entire motion picture and all of the conduct resulting therein be taken into account in determining whether a nuisance exists, and to this end, the Legislature finds and declares that any specific conduct which intentionally results in the killing of, or cruelty to, an animal or a human being in the making of a motion picture is unnecessary and is a nuisance, and that if a motion picture cannot be completed in the absence of such conduct, it is, therefore, a nuisance in its entirety.

Section § 3506

Explanation

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.

Whenever there is reasonable cause to believe that a nuisance as defined in this title is kept, maintained or is in existence in any county, the district attorney or the Attorney General, in the name of the people of the State of California, shall, on a proper showing, commence an action in equity to abate and prevent the nuisance and to perpetually enjoin the person conducting or maintaining it, and the owner, lessee or agent of the building, or place, in or upon which the nuisance exists, from maintaining or permitting it. As used herein, a proper showing to commence an action under this title must be based upon evidence independent of the motion picture itself that intentional killing of, or cruelty to, a human being or an animal actually occurred in the production of the motion picture for the purpose of such production.

Section § 3507

Explanation

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.

Whenever an action is initiated under this title to abate an alleged nuisance, an adversary trial on the merits shall be held pursuant to Section 3507.2. If the court finds that the exhibition of the particular motion picture constitutes a nuisance, it shall issue a permanent injunction to abate and prevent the continuance or recurrence of such nuisance. No temporary restraining order or preliminary injunction shall be granted in such an action. An appeal may be taken from an order issuing a permanent injunction, and any injunction issued pursuant to this title by the trial court may be stayed by such court pending the outcome of such appeal. No appeal may be taken from a ruling by the trial court denying an injunction requested under this title.

Section § 3507.1

Explanation

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.

In actions brought under this title, the motion picture shall be admissible into evidence. The burden of proof that the exhibition of the particular motion picture constitutes a nuisance shall be met by the district attorney or Attorney General only when clear and convincing evidence, independent of the motion picture itself, is provided that the acts alleged actually occurred in the production of the motion picture.

Section § 3507.2

Explanation
This law requires that certain legal actions must be started and resolved as quickly as possible. These actions should generally be prioritized over other types of cases, except for criminal cases and election-related disputes.
Actions brought under this title shall be brought as promptly as possible. Such actions shall have precedence over all actions, excepting criminal proceedings and election contests. It is also the intent of the Legislature that actions commenced under this title be adjudicated in the most speedy and expeditious manner.

Section § 3507.3

Explanation

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.

Any violation or disobedience of an injunction or order expressly provided for by this title is punishable as a contempt of court by a fine of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000).

Section § 3507.4

Explanation

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.

The distributor who furnished a motion picture to a person who is made a defendant in an action under this title, and the producer of a motion picture which is the subject of this title shall be jointly and severally liable, upon proof and after an opportunity to appear and interpose any appropriate defenses, to such person and the exhibitor for damages, including loss of profits, attorney’s fees, and other costs of defending such action. Such distributor and such producer shall actively assist in such defense to the extent that such person possesses information necessary to such defense concerning the production of the motion picture which is not otherwise available to the defendant. The exhibitor shall not be liable upon any portion of any contract made on or after January 1, 1979, which requires the exhibition or advertisement of a motion picture subject to this title on or after the date of the filing of any action under this title, if the motion picture by final decision of a court is determined to be a nuisance under this title.

Section § 3508

Explanation

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.

(a)CA Civil Law Code § 3508(a) This title shall not apply to any of the following:
(1)CA Civil Law Code § 3508(a)(1) The exhibition of any motion picture, such as a newsreel or documentary, involving acts of killing or cruelty which were not intentionally committed for the purpose of producing the motion picture.
(2)CA Civil Law Code § 3508(a)(2) Any motion picture made, in whole or in part, prior to January 1, 1979.
(3)CA Civil Law Code § 3508(a)(3) Any motion picture all or part of which has been edited or remade so that any previous conduct which constituted a nuisance under this title no longer appears.
(4)CA Civil Law Code § 3508(a)(4) The taking of any animal as permitted by any provision of the Fish and Game Code or pursuant thereto in accordance with regulations adopted by the Fish and Game Commission unless the time, place, or manner of such taking violates any provision of law except this title. This title shall apply to any other animal whether or not the time, place, or manner of the taking is prohibited by any laws other than this title, however, this title shall not apply to the taking of any animal authorized by law in any other jurisdiction unless the time, place or manner of such taking is prohibited by law or regulation.
(5)CA Civil Law Code § 3508(a)(5) A motion picture which includes scenes of killing or cruelty to animals if the acts constituting the killing or cruelty were authorized by the laws governing such acts in the jurisdiction where the scenes were filmed.
(6)CA Civil Law Code § 3508(a)(6) Any motion picture which bears within its contents a statement from the producer of the motion picture that all scenes depicting animals were filmed without the intentional killing of, or cruelty to an animal or that any killing or cruelty to an animal was authorized by the laws of the jurisdiction where the scenes were filmed or that the film is otherwise exempt under this title.
(7)CA Civil Law Code § 3508(a)(7) Any motion picture if the exhibitor thereof has a written signed statement, or a copy thereof, from the producer of the motion picture that all scenes depicting animals were filmed without the intentional killing of, or cruelty to an animal or that any killing or cruelty to an animal was authorized by the laws of the jurisdiction where the scenes were filmed or that the film is otherwise exempt under this title.
(b)CA Civil Law Code § 3508(b) This title shall not apply in any case in which it would conflict with federal supremacy in the field of television broadcasting.

Section § 3508.1

Explanation

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.

Any producer who willfully misstates or causes to be misstated any fact contained in a statement under paragraph (6) or (7) of Section 3508 is guilty of a misdemeanor.

Section § 3508.2

Explanation

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.

If any provision of this title or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable.

Section § [3480.]

Explanation

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.

Section Thirty-four Hundred and Eighty.   A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal.