Title 42 — Nuisances

A nuisance consists in unlawfully doing an act or omitting to perform a duty, which act or omission: 1. Annoys, injures, or endangers the comfort, repose, health, or safety of others; 2. Offends decency; 3. Unlawfully interferes with, obstructs or tends to obstruct, or renders da…

If a sport shooting range has been in operation for one year since the date on which it began operation as a sport shooting range, it does not become a public or private nuisance as a result of changed conditions in or around the locality of the sport shooting range. If a sport s…

An owner or lessee, or both, of a house or building that is used in a manner that habitually disturbs the peace, comfort, or decency of the immediate neighborhood is guilty of maintaining a public nuisance. A lessee is not guilty of an offense under this section unless the lessee…

A private nuisance is one which affects a single individual or a determinate number of persons in the enjoyment of some private right not common to the public.

The remedies against a private nuisance are: 1. A civil action; or 2. Abatement.

A person injured by a private nuisance may abate it by removing, or, if necessary, destroying the thing which constitutes the nuisance, but the person shall not commit a breach of the peace or do unnecessary injury while exercising this right.

When a private nuisance results from a mere omission of the wrongdoer and cannot be abated without entering upon the wrongdoer's land, reasonable notice shall be given to the wrongdoer before entering to abate it.

A public nuisance is one which at the same time affects an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted upon the individuals may be unequal.

The remedies against a public nuisance are: 1. Indictment; 2. Filing an information; 3. Bringing a criminal action before a district judge; 4. A civil action; or 5. Abatement.

A private person may maintain an action for a public nuisance if it is specially injurious to that person or that person's property, but not otherwise.

A public nuisance may be abated by any public body or officer authorized thereto by law.

Any person may abate a public nuisance which is specially injurious to that person by removing, or, if necessary, destroying, the thing which constitutes the nuisance, but that person shall not commit a breach of the peace or do unnecessary injury while exercising this right.

The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence.

Nothing which is done or maintained under the express authority of a statute shall be deemed a nuisance.

Every successive owner of property who neglects to abate a continuing nuisance upon or in the use of such property created by a former owner is liable therefor in the same manner as the one who first created it.

No lapse of time can legalize a public nuisance amounting to an actual obstruction of public right.

Every person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a class A misdemeanor.

The attorney general, the state health officer, the state's attorney, or any citizen of the county where a nuisance exists or is maintained, may bring an action in the name of the state to abate and perpetually enjoin the nuisance.

If the action is brought by a citizen, that citizen shall give a bond in an amount sufficient to cover the costs of such action as the court may direct. An injunction shall be granted at the commencement of an action for the abatement of a nuisance in the usual manner of granting…

If, at the time of granting the temporary injunction, an affidavit shall be presented to the court or judge stating or showing that acts are being committed contrary to law upon the premises where said nuisance is located, the court or judge must issue the court's or judge's warr…

If a place is found, upon the judgment of a jury, court, or judge having jurisdiction, to be a nuisance, a law enforcement officer of the county or city where the nuisance is located shall close and abate such place by taking possession thereof, together with all personal propert…

If the proceeding is an action either at law or in equity and a bond is given and the costs therein are paid, the premises shall be released at the end of one year from the date of the service of the temporary injunctional order, if in an equity case, or from the closing of the p…

In a prosecution under this chapter in a civil proceeding, evidence of the general reputation of the house, building, room, or place designated in the complaint shall be admissible for the purpose of proving the existence of a nuisance. Proof of the fact that any person has plead…

No person shall be excused from giving any testimony or evidence upon any investigation or proceeding for a violation of this chapter upon the ground that such testimony would tend to convict the person of a crime, but such testimony or evidence shall not be received against the …

In case judgment is rendered in favor of the plaintiff in any action brought under the provisions of section 42-02-02, the court or judge rendering it also shall render judgment for reasonable attorney's fees in favor of the plaintiff and against the defendants therein. Such atto…

Any person violating the terms of an injunction for the abatement of a nuisance in any place in this state is guilty of contempt of court.

A contempt proceeding arising out of the violation of any injunction granted under the provisions of this chapter must be conducted in the manner prescribed for the conduct of such proceeding in chapter 27-10.

Any dog that habitually molests a person traveling peaceably on the public road or street is a public nuisance. Upon written complaint to a district or municipal judge describing the dog, giving the name of the dog and the dog's owner if known, and, if not, so stating, and allegi…

If it appears from the complaint that the owner is not known, ten days' notice shall be given by publication in one issue of a newspaper having wide circulation in the area. Such notice shall contain a description of the dog as given in the complaint, a statement that such compla…

On the day of hearing the district or municipal judge shall hear the evidence in the case. If the judge finds that the dog is a public nuisance, judgment must be entered accordingly, and the judge shall order any peace officer to kill and bury the dog, which order the peace offic…

Costs shall be paid by the complainant, but if the dog is adjudged a nuisance, and the owner is known, judgment shall be entered against the owner for such costs.

As used in this chapter, "agricultural operation" means the science and art of producing plants and animals useful to people, by a corporation or a limited liability company as allowed under chapter 10-06.1, or by a corporation or limited liability company, a partnership, or a pr…

An agricultural operation is not, nor shall it become, a private or public nuisance by any changed conditions in or about the locality of such operation after it has been in operation for more than one year, if such operation was not a nuisance at the time the operation began, ex…

The provisions of section 42-04-02 shall not affect or defeat the right of any person to recover damages for any injury or damage sustained by the person on account of any pollution of or change in the condition of the waters of any stream or on account of any overflow of lands o…

Any ordinance or resolution of any unit of local government that makes the operation of any agricultural operation a nuisance or provides for the abatement thereof as a nuisance under the circumstances set forth in this chapter is void, except that the provisions of this section …

This chapter shall not be construed to invalidate any contracts made prior to the enactment of this chapter, but, insofar as contracts are concerned, it is only applicable to contracts and agreements to be made on or after July 1, 1981.