Quote:
Originally Posted by troutman
Nuisance is not legal, it is a tort:
http://en.wikipedia.org/wiki/Nuisance
Under the common law, persons in possession of real property (either land owners or tenants) are entitled to the quiet enjoyment of their lands. If a neighbour interferes with that quiet enjoyment, either by creating smells, sounds, pollution or any other hazard that extends past the boundaries of the property, the affected party may make a claim in nuisance. |
Exactly. In a way, the firepit bylaw exists to permit fire pits as much as it does to control them. By modern standards of behaviour and justice, fire pits are anathematic, being both sources of pollution and safety hazards. They stink, and in communties of vinyl sided houses 8 feet apart, they are gross safety hazards. This is why they are banned in pretty much every real city. They can only continue to exist if meaningful controls and standards are set and enforced for their usage.