Description

Creating or Maintaining a Public Nuisance may be charged against a person who maintains or commits any public nuisance, or who willfully omits to perform any legal duty relating to the removal of a public nuisance. Examples of Creating or Maintaining a Public Nuisance are allowing your dog to bark all night or an activity which obstructs passage on any street or public space or failing to maintain property which impacts others in the neighborhood.

What does the prosecutor have to prove?

1. Defendant maintained or committed a public nuisance. or
2. Defendant willfully omitted to perform any legal duty relating to the removal of a public nuisance. [PC 372] or
1. Defendant maintained, permitted, or allowed a public nuisance to exist on his or her property or premises. or
2. Defendant occupied or leased the property or premises of another who maintained, permitted, or allowed a public nuisance to exist on his or her property or premises.
3. Defendant willfully omitted to perform any legal duty relating to the removal of a public nuisance.
4. Defendant was given written notice by the district attorney or health officer to remove or discontinue the public nuisance.
5. The existence of each nuisance for each and every day after the service of such notice shall be deemed a separate and distinct offense. [PC 373a]

Punishment

Misdemeanor: 0-180 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)? No
Is this charge a strike? No
Is this charge a “serious felony” No
Is this charge a “violent felony” No
Do I have to register as a sex offender if convicted? No
Do I have to register as a drug offender if convicted? No
Do I lose my right to own or possess a firearm if convicted? No
Do I lose my right to vote if convicted? No
Am I eligible for a local sentence (PC § 1170(h)) if convicted? No
Am I eligible for PC § 1000 drug diversion if convicted? No
Am I eligible for Prop. 36 drug diversion if convicted? No
Am I required to give a DNA sample if convicted? No
Is this charge considered a “crime of moral turpitude” for immigration purposes? No
Is this charge considered a “aggravated felony” for immigration purposes? No
Is this charge considered a “controlled substance violation” for immigration purposes? No
Is this charge considered a “domestic violence” for immigration purposes? No
Is this charge considered a “firearm conviction” for immigration purposes? No