Post by davel on May 9, 2016 at 4:33pm

I just received a complaint by a citizen saying their neighbor's kids ride their go carts around their house and create dust that keeps them from enjoying their property.  I know there is a erosion control ordinance by the State that deals with land disturbing activities but I don't know how to apply it in this instance.  We don't have "dust" listed on our list of nuisances in our ordinance and I don't see a reference to one in State Law.

Please give me some advice if you can.

Thank you.

Dave Larson

Edited November 25, 2016 at 08:49 AMNov 25, 2016 by dMaidon

Post by @Angel Gray on May 12, 2016 at 9:19am

Does your ordinance use the words defined in State Law: O.C.G.A. § 41-1-1 defines a nuisance as "anything that causes hurt,
inconvenience, or damage to another and the fact that the act done may be otherwise
lawful shall not keep it from being a nuisance. The inconvenience complained of shall
not be fanciful, or such as would affect only one of fastidious taste, but it shall be as
would affect an ordinary, reasonable man." Lawful acts become nuisances when they are
conducted in a manner causing hurt, inconvenience, or damage to another. If so you may be able to use the general nuisance verbiage to assist.

 

Post by @ocillacode on May 18, 2016 at 8:28am

To my knowledge we don't have anything in our current ordinance addressing this issue. I am curious to what you out find out though. We have a big problem with kids and adults riding all kinds of go carts, ATVS. etc in a certian part of our city that we could probably use this on.

 

Post by davel on Sep 12, 2016 at 8:50am

We used the nuisance part mentioned by angel. Thanks for the help.