California Penal Code Section 372 PC and § 373a PC: Public Nuisance

California Penal Code Section 372 PC and § 373a PC: Public Nuisance

Public nuisances that negatively impact an entire community can lead to criminal charges in California under Penal Code Sections 372 and 373a. These laws make it a crime to create, maintain, or allow a public nuisance to exist after receiving notice to fix the problem.

This article provides an overview of California’s public nuisance laws, including the elements of the crimes, penalties, defenses, and real world examples. We’ll also look at the process for private citizens to file civil nuisance lawsuits against bothersome neighbors in California.

Elements of Public Nuisance Crimes

There are two main criminal statutes related to public nuisances in California:

Penal Code Section 372 PC

This law makes it a misdemeanor crime to create, erect, or maintain any public nuisance that impacts an entire neighborhood or community¹. To prove a violation, prosecutors must establish these elements:

• The defendant created, erected, maintained, permitted, or allowed a public nuisance to exist
• The defendant acted intentionally
• The defendant’s conduct harmed the health, safety, or welfare of a considerable number of people in a neighborhood or community

Penal Code Section 373a PC

This statute makes it a misdemeanor to maintain, permit, or allow a public nuisance to exist on property you own or lease after receiving written notice to fix the problem². The elements include:

• The defendant owned, leased, occupied, managed, or controlled property
• A public nuisance existed on that property
• The defendant received written notice from a public prosecutor or citizen to remove the nuisance
• The defendant failed to remove or fix the nuisance within a reasonable time after receiving notice

Definition of a Public Nuisance

California Civil Code Section 3480 defines a “public nuisance” as anything which:

• Is injurious to public health, safety, or morals
• Interferes with the comfortable enjoyment of life or property by an entire community or neighborhood
• Unlawfully obstructs free passage or use of public parks, squares, streets, or highways

Some examples of public nuisances include³:

• Excessively loud noises or music
• Noxious chemical smells or fumes
• Accumulated trash or junk attracting rodents/insects
• Houses of prostitution
• Criminal gang activity
• Dangerous animals running loose

Penalties

Violating Penal Code Section 372 or 373a is a misdemeanor offense in California. Potential penalties include⁴:

• Up to 6 months in county jail
• A fine of up to $1,000
• Informal probation

Sentencing depends on the specific circumstances of the case and the defendant’s criminal history.

Defenses to Public Nuisance Charges

Several legal defenses may apply in fighting California public nuisance allegations⁵:

• Lack of Notice – For PC 373a charges, showing you never received proper written notice of the nuisance.
• Lack of Control – You did not own, lease, occupy, manage or control the property where the alleged nuisance existed.
• No Intent – You did not intentionally create, allow, or maintain a nuisance.
• No Public Impact – The alleged nuisance did not substantially impact the community.
• Necessity – Your actions were necessary to prevent a greater harm.

An experienced criminal defense lawyer can evaluate the details of your case and advise you on the best defense strategies.

The Public Nuisance Civil Process

In addition to potential criminal charges, California law allows private citizens to file civil lawsuits against bothersome nuisances maintained by their neighbors. The process involves these main steps⁶:

1. Provide a written notice describing the nuisance and requesting abatement within a reasonable timeframe (e.g. 30 days).
2. If the nuisance continues, file a lawsuit in superior court requesting injunctive relief and damages.
3. At trial, prove the neighbor intentionally maintained a nuisance that caused substantial harm.
4. If successful, the court will issue an injunction requiring the neighbor to stop the nuisance behavior and pay monetary damages.

Hiring an experienced nuisance attorney can help build a strong case and negotiate a favorable settlement. Key evidence may include documentation like photographs, video, audio recordings, police reports, and witness statements.

Famous Public Nuisance Cases

Some notable public nuisance lawsuits and criminal cases have made headlines in California over the years:

• People v. Lead Industries Association – In 2000, California prosecutors brought public nuisance charges against paint companies for promoting lead paint despite health risks to children. The companies were ordered to pay $1.15 billion in abatement funds before the judgment was ultimately overturned on appeal.⁷
• California v. General Motors Corp. – In 2007, California sued major automakers for contributing to global warming under public nuisance laws. The case was dismissed on appeal and the Supreme Court declined to hear it.⁸
• City of Los Angeles v. Lyons – In 1972, the city obtained an injunction under public nuisance laws to bar an after-hours nightclub from operating without proper permits after multiple shootings occurred there.⁹

When Bad Neighbors Become a Crime

Most neighbor disputes can be resolved through civil compromise or local noise/nuisance ordinances. However, truly egregious conduct impacting an entire community may cross the line into criminality under California’s public nuisance statutes.

If you face allegations of creating or maintaining a public nuisance, immediately consult an experienced criminal defense attorney. An aggressive legal advocacy approach can often get charges reduced or dismissed to avoid harsh penalties.

References

1. https://www.shouselaw.com/ca/defense/penal-code/372/ [1]

2. https://www.calcriminaldefenselawyers.com/post/pc-372-373a-public-nuisance-crimes-law-penalty-defense[2]

3. https://www.losangelescriminallawyer.pro/california-penal-code-section-372-pc-and-373a-pc-public-nuisance.html[3]

4. https://www.simmrinlawgroup.com/california-penal-code-section-372-373-a/ [4]

5. https://www.greghillassociates.com/hermosa-beach-public-nuisance-pc-372-misdemeanor.html[5]

6. https://www.nolo.com/legal-encyclopedia/california-nuisance-laws.html[6]

7. https://www.insurancejournal.com/news/west/2013/01/08/276538.htm

8. https://www.oyez.org/cases/2008/07-1209

9. https://law.justia.com/cases/california/court-of-appeal/3d/12/315.html

Related