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SanFrancisco / California LAW
Guide to Laws About Streets, Parks, and Public Spaces in SF Bay
3. Disturbing the peace & “nuisance”
What is “disturbance of the peace” or “breach of the peace”?
The specific law of “disturbing the peace” includes any of the following:{[(|fnote_stt|)]}
Penal Code 415{[(|fnote_end|)]}
- Unlawfully fighting, or challenging another person to fight, in a public place
- Disturbing another person by loud and unreasonable noise, if this is done willfully and maliciously, and
- Using offensive words in a public place, if the words are likely to provoke an immediate violent reaction.
Penalty: Up to 90 days in county jail and/or up to $400 fine.
But there are also the crimes of disturbing or breaking up a meeting,{[(|fnote_stt|)]}Penal Code 403{[(|fnote_end|)]} participating in unlawful assembly,{[(|fnote_stt|)]}Penal Code 406-408{[(|fnote_end|)]} and rioting.{[(|fnote_stt|)]}Penal Code 404 & 405{[(|fnote_end|)]} The first two are punishable by up to 6 months in jail and/or up to $1000 fine, and rioting carries a penalty of up to 1 year in jail and/or up to $1000 fine.
What is a nuisance?
Nuisance is any disturbance which can harm the health or comfort of others, or is “indecent or offensive to the senses,” or any interference with the use of property or public space.{[(|fnote_stt|)]}Civil Code 3479{[(|fnote_end|)]}
This can include
- smoke, noise, odor, vibrations, etc. {[(|fnote_stt|)]}Oliver v. AT&T Wireless Services (1999) 76Cal.App.4th 521{[(|fnote_end|)]}
- the illegal sale of drugs{[(|fnote_stt|)]}Civil Code 3479{[(|fnote_end|)]}
- obstructing the free use of property, so as to interfere with the comfortable enjoyment of life or property{[(|fnote_stt|)]}Civil Code 3479{[(|fnote_end|)]}
- obstructing the free passage or use, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway.{[(|fnote_stt|)]}Civil Code 3479{[(|fnote_end|)]}