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WHAT CAN YOU DO ABOUT PUBLIC NUISANCES?

Persons who commit disruptive acts of unacceptable behaviour in public places may be warned, arrested and subsequently prosecuted by the authorities. The offender could be liable for a fine, imprisonment or both upon conviction. How is this enforcement of our rights achieved by an ordinary citizen?

What is a public nuisance?

A public nuisance is an act or omission that obstructs, damages, or inconveniences the rights of the community. The term public nuisance covers a wide variety of minor crimes that threaten the health, morals, safety, comfort, convenience or welfare of a community.[1]

What are the consequences?

With regards to public nuisances, one would look to By-law Relating to Streets, Public Places and the Prevention of Noise Nuisances, 2007[2]. The main body of this by-law lists certain acts that are deemed prohibited behaviour and are therewith criminalised. Various acts including begging, using abusive or threatening language, being under the influence of drugs or alcohol and causing a disturbance by shouting, screaming or making any other loud or persistent noise or sound, including amplified noise or sound are listed therein.[3] A by-law is a law that is passed by the council of a municipality to regulate the affairs and the services it provides within its area of jurisdiction[4].

What should you do about a public nuisance?

Should anyone and their conduct fall within this definition and perform any or multiple prohibited acts of public nuisance, the authorities are to be alerted immediately. The authorities have the power to instruct the offender to immediately cease the behaviour. If they don’t stop they will be guilty of an offence.

Section 23 states that any person who contravenes or fails to comply with any provision of this by-law or disobeys any instruction by the authorities enforcing this by-law, will be guilty of an offence. This offender will be liable to a fine or imprisonment for a period not exceeding six months, or to both a fine and such imprisonment.

Conclusion

By identifying certain acts of unacceptable, aggressive, threatening, abusive or obstructive behaviour of people in public, the offender may be ordered to immediately cease the offending conduct or be arrested for not complying with any order to do so.

References:

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)

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