PART 3. NUISANCE [3479. - 3508.2.]

Part 3 enacted 1872.

§§ 3479–3508.2 · 33 sections

1. TITLE 1. GENERAL PRINCIPLES §§ 3479–3486 · 11 sections

   • § 3479 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…
   • § [3480.] 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…
   • § 3481 Every nuisance not included in the definition of the last section is private.
   • § 3482 Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance.
   • § 3482.1 (a) As used in this section: (1) “Person” means an individual, proprietorship, partnership, corporation, club, or other legal entity. (2) “Sport shooting…
   • § 3482.5 (a) (1) No agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner consistent…
   • § 3482.6 (a) No agricultural processing activity, operation, facility, or appurtenances thereof, conducted or maintained for commercial purposes, and in a manner…
   • § 3482.8 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…
   • § 3483 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…
   • § 3484 The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence.
   • § 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,…
2. TITLE 2. PUBLIC NUISANCES §§ 3490–3496 · 8 sections

   • § 3490 No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right.
   • § 3491 The remedies against a public nuisance are: 1. Indictment or information; 2. A civil action; or, 3. Abatement.
   • § 3492 The remedy by indictment or information is regulated by the Penal Code.
   • § 3493 A private person may maintain an action for a public nuisance, if it is specially injurious to himself, but not otherwise.
   • § 3494 A public nuisance may be abated by any public body or officer authorized thereto by law.
   • § 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…
   • § 3495 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,…
   • § 3496 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…
3. TITLE 3. PRIVATE NUISANCES §§ 3501–3503 · 3 sections

   • § 3501 The remedies against a private nuisance are: 1. A civil action; or, 2. Abatement.
   • § 3502 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…
   • § 3503 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…
4. TITLE 4. MOTION PICTURES §§ 3504–3508.2 · 11 sections

   • § 3504 As used in this title: (a) “Animal” means any amphibian, bird, mammal or reptile. It does not include any fish or insect. (b) “Motion picture” means any motion…
   • § 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…
   • § 3506 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…
   • § 3507 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…
   • § 3507.1 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…
   • § 3507.2 Actions brought under this title shall be brought as promptly as possible. Such actions shall have precedence over all actions, excepting criminal proceedings…
   • § 3507.3 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…
   • § 3507.4 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…
   • § 3508 (a) This title shall not apply to any of the following: (1) The exhibition of any motion picture, such as a newsreel or documentary, involving acts of killing…
   • § 3508.1 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…
   • § 3508.2 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…