California Penal Code § 372 & § 373a – Public Nuisance

California law recognizes certain conditions or conduct as public nuisances when they substantially interfere with the health, safety, comfort, property, or lawful use of a community or a significant number of people. In some circumstances, maintaining or committing a public nuisance can result in a criminal misdemeanor charge.

Two California Penal Code sections commonly associated with criminal public nuisance allegations are Penal Code § 372 and Penal Code § 373a.

While these laws are related, they are not interchangeable. Penal Code § 372 is a general public nuisance statute. Penal Code § 373a specifically addresses a public nuisance maintained, permitted, or allowed to exist on property or premises and contains an important written-notice requirement.

This article explains what constitutes a public nuisance in California, how Penal Code § 372 and § 373a work, potential penalties, the role of notice, and possible legal issues.

What Is a Public Nuisance in California?

California Penal Code § 370 provides the basic statutory definition of a public nuisance.

Generally, a public nuisance can involve something that is harmful to health, indecent, offensive to the senses, or an obstruction that interferes with the comfortable enjoyment of life or property by an entire community, neighborhood, or a considerable number of people. The statute also addresses unlawful obstruction of the customary use of certain public waterways, parks, streets, and highways.

The key point is that a public nuisance generally involves an impact on the public or a sufficiently large group of people, rather than simply a disagreement between two individuals.

For example, if one property owner has a dispute with a neighboring homeowner over a private property issue, that situation may potentially involve a private nuisance rather than a criminal public nuisance. By contrast, a condition that substantially affects a neighborhood or a considerable number of people may raise public nuisance concerns.

There is no simple rule that a particular number of people must be affected before something becomes a public nuisance. The facts, nature of the interference, applicable law, and circumstances all matter.

What Is California Penal Code § 372?

California Penal Code § 372 makes it a misdemeanor for a person to maintain or commit a public nuisance when the punishment for that nuisance is not otherwise prescribed by law.

The statute also addresses a person’s willful failure to perform a legal duty relating to the removal of a public nuisance.

Because § 372 is a general statute, it is important to determine whether another, more specific law applies to the conduct in question. California courts have recognized that a specific criminal statute can take precedence over a general statute when the two provisions address the same conduct.

What does “maintaining” a public nuisance mean?

The concept of maintaining a nuisance generally involves continuing or allowing a condition to remain rather than simply creating a condition and immediately ending it.

The circumstances can vary considerably. A person who did not originally create a condition may still face an allegation concerning its continued maintenance if the applicable legal requirements are satisfied.

For example, imagine a property contains a condition that allegedly interferes with a substantial number of nearby residents. Whether the property owner, tenant, occupant, or another person can be held criminally responsible depends on the particular facts and the requirements of the applicable law.

Simply owning property where a problem exists does not automatically establish criminal liability.

What Is California Penal Code § 373a?

Penal Code § 373a specifically addresses public nuisances that exist on property or premises.

The statute applies to a person who maintains, permits, or allows a public nuisance to exist on their property or premises. It also expressly addresses a person who occupies or leases someone else’s property and maintains, permits, or allows a public nuisance to exist there.

One of the most important features of § 373a is its written-notice requirement.

Before criminal liability under this statute arises, the person must generally receive reasonable written notice from an authorized official directing the person to remove, discontinue, or abate the public nuisance.

The statute identifies authorized officials that can provide this notice, including a health officer, district attorney, city attorney, or city prosecutor.

This requirement makes § 373a particularly different from the broader provisions of § 372.

What Is the Difference Between Penal Code § 372 and § 373a?

Although both statutes concern public nuisances, their scopes differ.

Penal Code § 372

Section 372 is a general criminal public nuisance provision. It addresses maintaining or committing a public nuisance when another law does not provide a different punishment. It also addresses certain willful failures to perform a legal duty concerning removal of a public nuisance.

Penal Code § 373a

Section 373a is more specifically concerned with public nuisances existing on property or premises. It applies to owners, occupants, and tenants in circumstances covered by the statute and includes a requirement for reasonable written notice from an authorized official.

A simplified comparison is:

California case law has recognized the distinction between the general provision in § 372 and the more specific requirements of § 373a.

Does Penal Code § 373a Require a Warning or Notice?

Yes. Written notice is a significant statutory requirement under Penal Code § 373a.

The notice must be reasonable and must come from an official identified by the statute. It directs the person to remove, discontinue, or abate the alleged public nuisance.

This is different from an informal complaint.

For example, suppose a neighbor contacts local authorities and complains about an activity occurring at a nearby property. That complaint by itself is not necessarily the statutory notice contemplated by § 373a.

If an authorized official subsequently provides written notice identifying the alleged public nuisance and directing the recipient to correct or abate it, the statutory requirements become particularly important.

Whether notice was legally sufficient can depend on the specific circumstances, including who issued it, what it stated, who received it, and whether the applicable statutory requirements were satisfied.

Can a Tenant Be Charged Under Penal Code § 373a?

Potentially, yes.

Section 373a specifically applies not only to people who maintain a public nuisance on their own property but also to people who occupy or lease another person’s property and maintain, permit, or allow a public nuisance to exist there.

For example, consider a tenant who operates an activity from a rented property that allegedly creates a public nuisance affecting a substantial number of nearby residents. If the statutory requirements are satisfied, including the applicable notice requirement, the tenant could potentially face prosecution under § 373a.

However, being a tenant does not automatically establish guilt. The prosecution must still establish the elements required by the statute.

Can a Property Owner Be Criminally Responsible for a Tenant’s Conduct?

Not automatically.

Property ownership alone does not necessarily mean an owner is criminally responsible for every condition or activity occurring on the property.

Depending on the circumstances, relevant questions may include:

• Who owned the property?
• Who occupied or controlled it?
• Who created the alleged nuisance?
• Who maintained or permitted the condition?
• What did the person know?
• Was the person legally responsible for addressing the condition?
• Was proper written notice provided?
• Did the person have an opportunity to remove or abate the alleged nuisance?

These questions can be particularly important in cases involving landlords, property managers, tenants, and other occupants.

What Are Examples of a Public Nuisance?

Public nuisance allegations can arise in many different settings. Whether particular conduct actually constitutes a public nuisance depends on the facts and applicable law.

Obstructing a Public Street

California courts have considered public nuisance cases involving unreasonable interference with traffic on public streets.

For example, conduct that causes vehicles to stop or move around an individual or object in a traffic lane can potentially constitute an unlawful obstruction when the interference is unreasonable.

Importantly, a temporary obstruction is not automatically a public nuisance. California case law recognizes that some temporary uses of public streets are lawful. The question can involve whether the obstruction is unreasonable and whether it improperly interferes with the public’s customary use of the street.

Conditions Affecting a Neighborhood

A condition that substantially interferes with the comfortable enjoyment of life or property by an entire community, neighborhood, or considerable number of people may potentially fall within California’s statutory concept of a public nuisance.

The fact that several people dislike an activity, however, does not automatically make that activity a criminal public nuisance.

The nature and seriousness of the interference matter.

Conditions on Private Property

A public nuisance does not necessarily have to occur on public property.

A condition located on private property can potentially constitute a public nuisance if it meets the applicable legal definition and affects the public or a sufficiently large group of people.

This is particularly relevant to § 373a, which specifically addresses public nuisances existing on property or premises.

Does a Public Nuisance Have to Be Permanent?

No.

California law does not establish a blanket rule that a public nuisance must be permanent.

California appellate decisions have addressed situations involving temporary obstructions and have recognized that temporary conduct can potentially constitute a public nuisance when it creates an unreasonable interference with the public’s rights.

At the same time, temporary activity is not automatically unlawful.

For example, ordinary and reasonable activities involving the temporary use of a public street may be permissible. The circumstances, duration, purpose, location, and degree of interference can all be relevant.

What Happens After a Penal Code § 373a Notice?

A person receiving a § 373a notice should understand what the notice requires and the deadline or timeframe involved.

The purpose of the statutory notice is connected to removing, discontinuing, or abating the alleged public nuisance.

Depending on the circumstances, correcting the alleged nuisance could involve actions such as:

• Removing the condition identified in the notice;
• Discontinuing the activity identified as the nuisance;
• Correcting a property condition;
• Addressing a health or safety concern; or
• Taking another action necessary to eliminate the alleged nuisance.

The appropriate response depends on what the notice alleges and what the applicable law requires.

Can Every Day Be a Separate Public Nuisance Offense?

Under Penal Code § 373a, yes.

The statute expressly provides that the existence of the public nuisance for each day after service of the required notice constitutes a separate and distinct offense.

This means that the continuing existence of an alleged nuisance after proper notice can have important criminal consequences.

For example, if an alleged nuisance remains after the statutory notice has been properly served, each additional day can potentially constitute a separate offense under § 373a.

This provision makes it important not to ignore a public nuisance notice or assume that the issue will simply go away without further action.

What Are the Penalties for Penal Code § 372 and § 373a?

Both Penal Code §§ 372 and 373a classify the relevant offense as a misdemeanor.

Because these statutes do not establish a different punishment for the misdemeanor itself, California’s general misdemeanor sentencing provision may apply. Under Penal Code § 19, unless another law provides a different punishment, a misdemeanor is generally punishable by:

• Up to six months in county jail;
• A fine of up to $1,000; or
• Both imprisonment and the fine.

These are statutory maximums, not statements about what sentence will necessarily be imposed in an individual case.

The consequences of a criminal case can also involve matters beyond the statutory maximum. A criminal conviction may have practical consequences depending on a person’s circumstances, including employment, housing, professional licensing, immigration matters, or other legal issues.

Other criminal or civil laws may also apply to the same underlying conduct.

What Defenses or Legal Issues Can Arise in a Public Nuisance Case?

There is no universal defense to a public nuisance allegation. The appropriate legal arguments depend on the statute charged and the evidence.

Several issues may be important.

The Alleged Conduct Does Not Qualify as a Public Nuisance

One potential issue is whether the alleged condition actually falls within California’s legal definition of a public nuisance.

Not every inconvenience, disagreement, unpleasant condition, or neighborhood dispute qualifies.

The government must establish the elements of the offense beyond a reasonable doubt in a criminal prosecution.

The Person Did Not Maintain or Commit the Nuisance

Another issue may concern who actually created, maintained, permitted, or allowed the alleged nuisance.

Ownership or occupancy alone does not necessarily answer that question.

The evidence concerning control, conduct, knowledge, and responsibility can be significant.

The Required § 373a Notice Was Not Properly Provided

Because § 373a expressly requires reasonable written notice from an authorized official, the adequacy of the notice can be an important legal issue.

California case law has treated this statutory requirement as significant in determining whether a prosecution under § 373a can proceed.

The Allegation Is Based on Conclusions Rather Than Specific Facts

The factual basis for a public nuisance allegation can also matter.

California courts have examined whether allegations actually describe facts sufficient to establish a public nuisance rather than simply labeling a particular condition a “nuisance.”

For example, merely stating that a particular object, animal, activity, or condition is a public nuisance does not necessarily establish the factual circumstances required to prove the offense.

A More Specific Criminal Law Applies

Penal Code § 372 is expressly limited to situations where the punishment for the nuisance is not otherwise prescribed.

Because § 372 is a general statute, another more specific criminal statute may control when it applies to the same conduct.

Determining which statute applies can therefore be an important part of evaluating a public nuisance prosecution.

Is Public Nuisance a Criminal or Civil Matter?

It can be both.

California law recognizes public nuisance as a concept that can be addressed through criminal enforcement as well as civil remedies.

A criminal prosecution under Penal Code § 372 or § 373a is different from a civil action seeking to stop or abate a nuisance.

Civil nuisance proceedings can involve remedies such as court orders or injunctions designed to prevent or eliminate the nuisance. Criminal proceedings, by contrast, involve prosecution for an alleged violation of criminal law.

The existence of a civil nuisance dispute does not automatically mean that a person has committed a crime.

Frequently Asked Questions 

Is public nuisance a misdemeanor in California?

Yes. Penal Code § 372 and § 373a identify the applicable public nuisance offenses as misdemeanors.

What is Penal Code § 372?

Penal Code § 372 is California’s general criminal public nuisance provision. It addresses maintaining or committing a public nuisance when another law does not prescribe a different punishment, as well as certain willful failures to perform a legal duty relating to removal of a public nuisance.

What is Penal Code § 373a?

Penal Code § 373a addresses maintaining, permitting, or allowing a public nuisance to exist on property or premises. It also applies in specified circumstances to people occupying or leasing someone else’s property.

Does § 373a require written notice?

Yes. The statute requires reasonable written notice from an authorized official directing the person to remove, discontinue, or abate the public nuisance before liability under § 373a can arise.

Can a tenant be charged with public nuisance?

Potentially. Section 373a expressly includes people occupying or leasing another person’s property when the statutory requirements are met.

Can a landlord automatically be charged because of a tenant?

No. Property ownership by itself does not automatically establish criminal responsibility. The specific facts and legal requirements must be considered.

Is public nuisance the same as private nuisance?

No. A public nuisance generally involves an interference affecting an entire community, neighborhood, or considerable number of people. A private nuisance generally concerns interference with an individual’s use or enjoyment of property.

Can a temporary obstruction be a public nuisance?

Potentially. California courts have recognized that temporary conduct can constitute an unreasonable public obstruction under appropriate circumstances. However, not every temporary obstruction is unlawful.

Can a public nuisance occur on private property?

Yes. A condition on private property can potentially constitute a public nuisance if it meets the applicable legal definition and affects the public or a sufficiently large group of people.

Does a nuisance notice mean someone has been convicted?

No. A notice is not the same as a criminal conviction. A § 373a notice is part of the statutory process concerning an alleged public nuisance; a criminal conviction requires the appropriate criminal proceedings and proof of the charged offense.

Can the same nuisance result in multiple offenses?

Under § 373a, the statute specifically provides that the existence of the public nuisance on each day after service of the required notice is a separate and distinct offense.

What Should You Know About a California Public Nuisance Charge?

California Penal Code §§ 372 and 373a address public nuisance conduct, but the statutes serve different purposes.

Penal Code § 372 is the general provision. It applies to maintaining or committing a public nuisance when another punishment is not otherwise prescribed and also addresses certain willful omissions concerning a legal duty to remove a public nuisance.

Penal Code § 373a is more specifically directed at public nuisances maintained, permitted, or allowed to exist on property or premises. It expressly covers certain owners, occupants, and tenants and requires reasonable written notice from an authorized official. The statute also provides that each day the nuisance continues after the required notice is served constitutes a separate offense.

Because public nuisance cases can involve criminal charges, property issues, government notices, local regulations, and potentially civil proceedings, the precise facts matter. The particular conduct involved, the people affected, the property relationship, the wording and source of any notice, and the specific law being enforced can all influence how a matter is evaluated.

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Get Clarity About a California Public Nuisance Allegation

Receiving a public nuisance notice or facing a misdemeanor allegation can leave you with important questions: What exactly is being alleged? Why does the law apply? Was the required notice properly served? What happens if the condition continues? And what legal options may be available?

Understanding the applicable law is an important first step.

Southwest Legal can help you better understand the legal issues surrounding a California public nuisance matter and the process that may follow. Whether you are dealing with a public nuisance allegation, an abatement notice, or a misdemeanor charge, getting informed about the applicable law can help you approach the situation with greater clarity.

If you have questions about a California public nuisance matter, contact us today for a free consultation. Take the first step toward understanding the allegations, the legal process, and the issues that may affect your situation. You do not have to navigate complicated legal terminology alone—get the information you need to make informed decisions about what comes next.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship unless and until the firm and client enter into an agreement for legal services. Laws may change, and legal outcomes depend on the specific facts of each case. Consult a qualified attorney for advice regarding your situation.