What Are the Nuisance Laws in Georgia?Written on April 22, 2014
Nuisance laws in Georgia are vaguely written and left open to interpretation. Many counties also have nuisance ordinances. The wording in the county ordinances is often close to how the state code is written.
A nuisance is defined as “anything that causes hurt, inconvenience, or damage to another…the act done may otherwise be lawful, and shall not keep it from being a nuisance.” As you read that, you can see how the nuisance laws are open to interpretation and may not be in your favor. This can more easily be understood by calling on legal counsel to assist you or defend you.
A nuisance may be something that is not illegal to do, yet could still cause inconvenience to another and may fall into this area. One person’s actions could end up being another person’s nuisance. In most cases, a fine is imposed if the nuisance becomes an ongoing issue.
A nuisance may be done in public or in private, and these are defined separately. A ‘public nuisance’ damages all persons within the sphere of operation. A ‘private nuisance’ has an effect on a limited number of individuals. If the charge relates to personal property, or if damage occurs because of an ongoing nuisance, the property owner may have the right pursue a monetary claim.
What your neighbor thinks isn’t a big deal, may indeed be a big deal to you. Overgrown weeds, debris or junk piled up in a yard, or perhaps even a barking dog, could be an inconvenience or even a violation of noise ordinances, in the form of a nuisance.
The code goes on to state that the inconvenience or damage would affect an “ordinary, reasonable man.” Often times, such nuisances are enforced by county employees, although that’s not to say the police won’t be involved. Remember: What is reasonable to one may not be reasonable to another.
If you have been arrested for criminal trespass, or something related to it, or warned about a nuisance you have supposedly created, don’t go down the road alone. The Silverbach Group, LLC recommends having counsel with you during any court appearance. You are innocent until proven guilty and the attorneys at The Silverbach Group, LLC are on your side. You can reach us at 770-635-0334.