42-01 General Provisions
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<![CDATA[TITLE 42NUISANCESCHAPTER 42-01GENERAL PROVISIONS42-01-01. Nuisance - Definition. A nuisance consists in unlawfully doing an act oromitting to perform a duty, which act or omission:1.Annoys, injures, or endangers the comfort, repose, health, or safety of others;2.Offends decency;3.Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for<br>passage, any lake, navigable river, bay, stream, canal, basin, public park, square,<br>street, or highway; or4.In any way renders other persons insecure in life or in the use of property.42-01-01.1. Sport shooting range deemed not a nuisance. If a sport shooting rangehas been in operation for one year since the date on which it began operation as a sport shooting<br>range, it does not become a public or private nuisance as a result of changed conditions in or<br>around the locality of the sport shooting range. If a sport shooting range remains in compliance<br>with noise control or nuisance abatement rules or ordinances in effect on the date on which it<br>commenced operation, it is not subject to a civil or criminal action resulting from or relating to<br>noise generated by the operation of the sport shooting range. A person who acquires title to real<br>property that is adversely affected by the operation of a permanently located and improved sport<br>shooting range constructed and initially operated before that person acquired title to the property<br>adversely affected may not maintain a civil action on the basis of noise or noise pollution against<br>the person who owns or operates the sport shooting range. A rule, resolution, or ordinance<br>relating to noise control, noise pollution, or noise abatement adopted by the state or a political<br>subdivision may not be applied to prohibit the operation of a sport shooting range, provided the<br>conduct was lawful and being conducted before the adoption of the rule, resolution, or ordinance.<br>Except as otherwise provided in this section, a political subdivision may regulate the location and<br>construction of a sport shooting range after August 1, 1999. Notwithstanding any other provision<br>of law, a county or city enacting a home rule charter under chapter 11-09.1, 40-05.1, or 54-40.4<br>may not regulate a sport shooting range except as otherwise provided in this section. As used in<br>this section, sport shooting range means an area designated and operated by a person for the<br>sport shooting of firearms or any area so designated and operated by the state or a political<br>subdivision, regardless of the terms for admission to the sport shooting range.42-01-01.2. Disorderly house - Public nuisance. An owner or lessee, or both, of ahouse or building that is used in a manner that habitually disturbs the peace, comfort, or decency<br>of the immediate neighborhood is guilty of maintaining a public nuisance. A lessee is not guilty of<br>an offense under this section unless the lessee is the cause of the nuisance.42-01-02. Private nuisance - Definition. A private nuisance is one which affects asingle individual or a determinate number of persons in the enjoyment of some private right not<br>common to the public.42-01-03.Private nuisance - Remedies against.The remedies against a privatenuisance are:1.A civil action; or2.Abatement.Page No. 142-01-04. Abatement by private person. A person injured by a private nuisance mayabate it by removing, or, if necessary, destroying the thing which constitutes the nuisance, but<br>the person shall not commit a breach of the peace or do unnecessary injury while exercising this<br>right.42-01-05. Abatement - When notice required. When a private nuisance results from amere omission of the wrongdoer and cannot be abated without entering upon the wrongdoer's<br>land, reasonable notice shall be given to the wrongdoer before entering to abate it.42-01-06. Public nuisance - Definition. A public nuisance is one which at the sametime affects an entire community or neighborhood or any considerable number of persons,<br>although the extent of the annoyance or damage inflicted upon the individuals may be unequal.42-01-07.Public nuisance - Remedies against.The remedies against a publicnuisance are:1.Indictment;2.Filing an information;3.Bringing a criminal action before a district judge;4.A civil action; or5.Abatement.42-01-08. Civil action - When maintainable by a private person. A private personmay maintain an action for a public nuisance if it is specially injurious to that person or that<br>person's property, but not otherwise.42-01-09. Abatement by public officer. A public nuisance may be abated by any publicbody or officer authorized thereto by law.42-01-10. Abatement by private persons. Any person may abate a public nuisancewhich is specially injurious to that person by removing, or, if necessary, destroying, the thing<br>which constitutes the nuisance, but that person shall not commit a breach of the peace or do<br>unnecessary injury while exercising this right.42-01-11.Right to damages not prejudiced by abatement.The abatement of anuisance does not prejudice the right of any person to recover damages for its past existence.42-01-12. Act done under statutory authority not deemed nuisance. Nothing whichis done or maintained under the express authority of a statute shall be deemed a nuisance.42-01-13. Liability of successive owners of property for failure to abate nuisance.Every successive owner of property who neglects to abate a continuing nuisance upon or in the<br>use of such property created by a former owner is liable therefor in the same manner as the one<br>who first created it.42-01-14. Lapse of time - Effect on public nuisance. No lapse of time can legalize apublic nuisance amounting to an actual obstruction of public right.42-01-15.Maintaining public nuisance - Penalty.Every person who maintains orcommits any public nuisance, the punishment for which is not otherwise prescribed, or who<br>willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a<br>class A misdemeanor.Page No. 2Document Outlinechapter 42-01 general provisions]]>