What amounts to nuisance
Nuisance is of two kinds:
Public nuisance is an offence, which affects the public at large, or some considerable portion of them. It depends upon the number of houses and the concourse of people in vincity ; and the annoyance or neglect must be of a real and substantial nature. Acts which seriously interfere with the health, safety, comfort or, convenience of the public or, which tend to degrade public morals, have always been considered public nuisance if it is shown that they render enjoyment of life and property uncomfortable. No prescriptive right can be acquired to maintain a public nuisance.
Private nuisance is anything done to the annoyance or to hurt another and not amounting to trespass. It is an act affecting some particular individual or individuals as distinguished from the public at large.
A person is guilty of nuisance when he:
- does any act, or is guilty of an illegal omission, and
- such act or omission:
- must cause any common injury, danger or annoyance;
- to the public, or
- to the people in general who dwell or occupy property in the vicinity, or
- must necessarily cause injury, obstruction, danger or annoyance to any persons who had rights to use.
Whoever causes nuisance shall be punishable with imprisonment, or fine, or both depending upon the discretion of the court.