Public Nuisance Defined & Procedures
What is a nuisance?
An activity which arises from unreasonable, unwarranted or unlawful use by a person of his/her own property, working obstruction or injury to the right of another, or to the public, and producing such material annoyance, inconvenience and discomfort that the law presumes will result in damage.
Are the different types of nuisances?
Yes. There are two types of nuisances, a private nuisance and a public nuisance .
A private nuisance is defined as any wrongful action, which destroys or deteriorates the property of an individual or interferes with the person's lawful use or enjoyment of the property .
A public nuisance is defined as maintaining a public nuisance by act, or by failure to perform a legal duty, intentionally causing or permitting a condition to exist which injures or endangers the public health, safety or welfare. A miscellaneous and diversified group of minor criminal violations, based on some interference with the interests of the community or the comfort and convenience of the general public may rise to the level of a public nuisance. To be considered public, the nuisance must affect an interest common to the general public . The activity must:
- Be harmful to the public; or
- Create an interference in the use of a way of travel; or
- Affect public morals; or
- Prevent the public from the peaceful use of their land and the public streets; or
- Must affect a common interest of the general public.
What is considered a public nuisance?
Repetitive activities that interfere with a person's use and enjoyment of his/her property. A combination of repeat and continuous criminal activities that interferes with a group of neighbors' use and enjoyment of their property. Such activities include, but are not limited to, the constant participation in the following activities:
- Playing loud music.
- Public fighting.
- Public yelling.
- Public Screaming.
- Harassing others.
- Loud gatherings in public which disturbs neighbor.
- Shouting obscenities at neighbors.
- Consumption of alcoholic beverages which result in drunkenness and lewd actions toward others.
- Constantly honking horns throughout the day and night.
- Parking cars on the sidewalks.
If only one number is affected by the above activities, it is considered a private nuisance. The City Attorney's Office cannot provide legal assistance to alleviate a private nuisance. The affected person should contact a private attorney. The individual can obtain a lawyer referral from the Saginaw County Bar Association. The Lawyer Referral phone number is (989) 790-4737. The person can also seek the advice of a neutral party to resolve the issue by contacting the Mid-Michigan Dispute Resolution Center. The Center's phone number is (989) 797-4188.
What assistance can the City of Saginaw offer to eliminate a public nuisance problem?
A city ordinance regarding public nuisances does exist. Specifically, Chapter 3, Article 1 of the Saginaw General Code authorizes the Saginaw Police Department to issue a ticket for a public nuisance offense. Specifically, Section 101 states:
Whatever annoys, injures or endangers the safety, health, comfort or repose of the public; offends public decency; interferes with, obstructs or renders dangerous any street, highway, navigable lake or stream; or in any way renders the public insecure in life or property is hereby declared to be a public nuisance. Public nuisances shall include, but not be limited to, whatever is forbidden by any provision of this Chapter.
No person shall commit, create, or maintain any nuisance.
A person who violates any provision of this section is responsible for a Class C municipal civil infraction, subject to payment of a civil fine as set forth in Article 6 of Chapter 1 of the Saginaw General Code, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided by Article 6 of Chapter 1 of the Saginaw General Code.
Ordinance D-1775 states the fine for a first Class C offense is $50.00. The fine for a second Class C offense is $100.00. The fine for a third Class C offense is $200.00.
In addition, the City of Saginaw through the City Attorney's Office can also file a civil suit against the person(s) creating the public nuisance to terminate the activity. The complaining citizen should contact the City Clerk's Office at (989) 759-1480 to file a complaint. The complaint is then sent to the City Attorney's Office for a thorough investigation.
If the investigation supports the complainant's claims, the City Attorney's Office will contact the complainant and complaining neighbors to verify that they will sign affidavits and testify at trial. If the parties are willing to do so, the City Attorney's Office will begin preparations to file a public nuisance lawsuit.
However, if the alleged activities that constitute the public nuisance consist of continuous gambling, drug, or prostitution activities, the complainant should contact the Prosecuting Attorney's Office for a legal remedy at (989) 790-5330. MCL 600.3805 allows the Prosecuting Attorney's Office to initiate an action to abate nuisances if a dwelling is used for activities including, but not limited to, prostitution, gambling, or drug activities. Pursuant to this statute, the court can issue an injunction. Also, under MCL 600.3810(2), the court can order the premises padlocked. Padlocking the premises is not a remedy available for the City Attorney's Office.
What is the procedure used by the City Attorney's Office to file a public nuisance complaint?
The public nuisance complaint procedure is a lengthy process. From the time the initial citizen complaint is made to the City Clerk's Office to the matter being investigated by the City Attorney's Office to filing the Circuit Court complaint could take weeks. In addition, the matter is placed on the court's schedule according to the assigned judge's calendar. However, this is the only civil remedy available to the City to use to alleviate a public nuisance.
The following lists the procedure the City Attorney's Office follows in order to file a public nuisance complaint:
- Citizen should contact the Clerk's Office and file a complaint. The complaint is not confidential and if a Freedom of Information Act request is submitted to the City regarding the complaint, the complainant(s) name will be released.
- The complaint is sent to the City Attorney's Office. An attorney will contact the complainant and obtain information regarding the activities. The attorney will also request a list of neighbors that are being affected by the activities. The list must include the neighbor's addresses and phone numbers. More than one household must be affected by the activities. In addition, the attorney will request documentation such as:
- Description of activities.
- Dates of events.
- Information regarding perpetrators including names, addresses, age and license number of vehicles.