In Weld County, Colorado, a Public Nuisance occurs when something you do is harmful, a threat, or unsafe for the public. If you are being accused of committing a Public Nuisance, you will need an experienced criminal attorney to fight for your rights. Recently in Denver, a lawsuit was filed against several E-Cigarette Companies claiming that the companies who are marketing to juveniles are causing a vaping epidemic. The government says that this meets the definition of a Public Nuisance. The county and state Public Nuisance laws are well-intentioned; however, the seizure of a company’s property does not necessarily protect the public’s health or safety – generally, it just prevents repeat behavior.
What is the Definition of Public Nuisance in Greeley, Colorado?
In Greeley, Colorado, to define Public Nuisance you need to look at the Weld County Municipal Code, or state law. It is stated in Article IX of county law that a Public Nuisance “is a threat to public or environmental health, safety and welfare.” Public Nuisance is also listed under Colorado State law at C.R.S. 16-13-301 and 16-13-303.
This means, that in the above case if it is found that youth using vaping and an e-cigarette is causing a public health threat, then the e-cigarette company could be found to be committing a Public Nuisance.
What is Considered a Public Nuisance and What is Nuisance Abatement in Weld County?
In Weld County, if you commit a crime, your conduct will sometimes also be considered a Public Nuisance. When that happens, you can have personal property seized to ensure you do not commit that crime again. When the property (most commonly a car or house) is taken this in known as Nuisance Abatement. Generally, felonies are involved in Public Nuisance cases.
Some crimes where Nuisance Abatement happens are: gambling, manufacturing, selling, transporting, or possessing controlled substances, manufacturing or selling alcohol without a permit, theft by receiving, prostitution, unlawful sale or discharge of weapons, gang activity, organized crime, and serious traffic crimes like eluding.
In Greeley, Colorado if Nuisance Abatement has Happened to My Property is it a Loss?
If your property has been taken in Greeley, Colorado, due to Nuisance Abatement, your property is not completely lost. You need an experienced criminal lawyer who can fight for your rights and property. The loss of a car or your house can impact your job and life, so call the O’Malley Law Office to talk with lawyers who can get you the best possible outcome for your future. In some cases, we can save your house or car.
If you or a loved one is charged with a Public Nuisance, call our Public Nuisance defense attorneys and fight to save your home or car. Call 970-616-6009. Together, we can protect your future.
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