Gs 19, specifically section 19-1, outlines North Carolina’s legal definition of public nuisances and provides a framework for their abatement. This statute addresses activities and conditions that negatively impact public morals and well-being. Understanding GS 19 is crucial for property owners, business operators, and citizens alike.
Defining Nuisances Under GS 19-1
GS 19-1 defines a range of activities and conditions that constitute public nuisances. These include:
Buildings or Places Used for Illegal Activities:
The statute explicitly states that using, owning, or leasing a building for activities like prostitution, gambling, illegal drug or alcohol sales, or the possession or sale of obscene materials constitutes a nuisance. Importantly, the illegal activity doesn’t need to be the sole purpose of the building for it to be considered a nuisance under GS 19.
Locations of Repeated Disturbances:
GS 19-1 also addresses locations where repeated acts occur that breach the peace. This can include properties where frequent loud noises, fights, or other disruptive activities take place, negatively impacting the surrounding community.
Violations of Sexually Oriented Business Regulations:
The statute includes provisions for nuisances related to sexually oriented businesses. Specifically, repeated activities or conditions on a property that violate local ordinances regulating these businesses and contribute to negative secondary impacts can be deemed a nuisance.
Violations of GS 14-72.7:
Activities conducted in violation of GS 14-72.7, which pertains to unlawful filming of persons without consent and related offenses, also fall under the definition of a nuisance according to GS 19-1.
Scope of the Nuisance Declaration
GS 19-1 clarifies that not only the building or place where a nuisance occurs but also the associated property, including the ground, vehicles, furniture, fixtures, and contents, can be declared a nuisance. This broad definition allows for comprehensive action to address and abate the nuisance effectively. Furthermore, alcoholic beverage control regulation violations fall under Chapter 18B and are excluded from nuisance actions under GS 19.
Enforcement and Abatement
GS 19 provides legal avenues for enjoining and abating nuisances as defined within the statute. This process allows authorities and affected parties to take action to stop the nuisance activity and restore the affected property and community to an acceptable state. This often involves legal proceedings and court orders. The statute empowers communities to address issues impacting public morals and quality of life.
Conclusion
GS 19-1 provides a comprehensive legal framework for defining and addressing public nuisances in North Carolina. The statute’s broad scope encompasses a range of activities and conditions detrimental to communities. Understanding the provisions of GS 19-1 is essential for maintaining order and ensuring a safe and peaceful environment for all residents. This statute serves as a critical tool for promoting public well-being and addressing activities that negatively impact quality of life.
